Ask Governor Schwarzenegger to sign AB 2010

Public Policy Alert: 30-June-2008

A CFHC co-sponsored bill, AB 2010 (DeSaulnier), has made it out of the California Legislature and is currently awaiting a decision by Governor Schwarzenegger. 

AB 2010 clarifies that current provisional licensure law does not apply to affiliate clinics, allowing the affiliate clinic licensure process to be implemented in accord with the intent of SB 937, a 2003 bill that was signed into law in an effort to streamline the costly clinic licensure process. 

SB 937 allows a community clinic or free clinic that has held a valid, unsuspended license for at least the preceding five years - with no history of repeated violations of law or regulation that directly affect patient safety - to file an application to establish an affiliate primary care clinic at an additional site.

The law requires the Department of Public Health (DPH) to issue a license within 30 days of receipt of a completed application without the necessity of conducting an initial survey for affiliated clinic. This law was passed in 2003 because the severe backlog in scheduling on-site surveys by the DHS Licensing and Certification Division was blocking the licensure of clinics for six to 20 months and delaying health care to patients.

Recently, DPH decided to apply the “provisional” clinic licensure requirements on affiliate clinics, requiring once again, an on-site survey within a specified timeframe for the purpose of initial licensure.  The provisional licensure statute became law in 1987 (SB 1140, Royce).

According to legislative history, SB 1140 was necessary to “provide the Department with an effective mechanism to prevent the issuance of regular license to applicants who have not demonstrated the ability to provide safe and adequate care during a provisional period.” 

However, DPH’s new interpretation of the provisional licensure law completely undermines the affiliate clinic statute set forth in SB 937.  AB 2010 will clarify once and for all that the provisional licensure law does not apply to affiliate clinics.

The Governor must decide whether to sign or veto AB 2010 by July 9th.  Your calls and letters are needed now.  Please call the Governor’s office at (916) 445-2841 or fax a letter (Download 08.06.30_AB2010_Attachment.doc ) to (916) 558-3160 in support of AB 2010. 

Click here to open the sample letter: Download 08.06.30_AB2010_Attachment.doc