SECTIONS 129375-129435 - California Statutes

HEALTH AND SAFETY CODE

SECTION 129375-129435

129375. This chapter may be cited as the "California Hospital
Survey and Construction Act."

129380. As used in this chapter, the terms defined in this article
have the meanings set forth in this article.

129385. "The federal act" includes Public Law 725 of the 79th
Congress, approved August 13, 1946, entitled the Hospital Survey and
Construction Act, as amended by Public Law 482 of the 83d Congress,
approved July 12, 1954, entitled the Medical Facilities Survey and
Construction Act of 1954, Public Law 88-164 of the 88th Congress,
approved October 31, 1963, entitled Mental Retardation Facilities and
Community Mental Health Centers Construction Act of 1963, and any
other law now enacted by Congress concerning hospitals as defined in
this article.

129390. "The Surgeon General" means the Surgeon General of the
Public Health Service of the United States, or the Secretary of the
Department of Health, Education and Welfare of the United States.

129395. "Hospital" includes hospitals for the chronically ill and
impaired, public health centers, community mental health centers,
facilities for the mentally retarded, and general, tuberculosis,
mental and other types of hospitals and related facilities, such as
laboratories, outpatient departments, nurses' home and training
facilities, and central service facilities operated in connection
with hospitals, diagnostic or treatment centers, nursing homes, and
rehabilitation facilities, but except for facilities for the mentally
retarded does not include any institution furnishing primarily
domiciliary care.

129400. "Public health center" means a publicly owned facility for
the provision of public health services, including related facilities
such as laboratories, clinics, provisions for bed care, and
administrative offices operated in connection with public health
centers.

129405. "Nonprofit hospital," "nonprofit diagnostic or treatment
center," "nonprofit rehabilitation facility," and "nonprofit nursing
home" mean any hospital, diagnostic or treatment center,
rehabilitation facility, and nursing home, as the case may be, that
is owned and operated by one or more nonprofit corporations or
associations no part of the net earnings of that inures, or may
lawfully inure, to the benefit of any private shareholder or
individual, or a hospital publicly owned or operated by a public
entity or agency of this state.

129410. "Construction" includes construction of new buildings,
expansion, remodeling, and alteration of existing buildings, and
initial equipment of any buildings; including architects' fees, but
excluding the cost of off-site improvements and, except with respect
to public health centers, the cost of the acquisition of land.

129415. This chapter shall not apply to any sanatorium or
institution conducted by or for the adherents of any well recognized
church or religious denomination for the purpose of providing
facilities for the care or treatment of the sick who depend upon
prayer or spiritual means for healing in the practice of the religion
of the church or denomination.

129420. "Diagnostic or treatment center" means a facility for the
diagnosis or diagnosis and treatment of ambulatory patients (1) that
is operated in connection with a hospital, or (2) where patient care
is under the professional supervision of persons licensed to practice
medicine or surgery in the State, or, in the case of dental
diagnosis or treatment, under the professional supervision of persons
licensed to practice dentistry in the state.

129425. "Hospital for the chronically ill and impaired" shall not
include any hospital primarily for the care and treatment of mentally
ill or tuberculous patients.

129430. "Rehabilitation facility" means a facility that is operated
for the primary purpose of assisting in the rehabilitation of
disabled persons through an integrated program of medical,
psychological, social, and vocational evaluation and services under
competent professional supervision, and in the case of which (1) the
major portion of the evaluation and services is furnished within the
facility; and (2) either (a) the facility is operated in connection
with a hospital, or (b) all medical and related health services are
prescribed by, or are under the general direction of, persons
licensed to practice medicine or surgery in the state.

129435. "Nursing home" means a facility for the accommodation of
convalescents or other persons who are not acutely ill and not in
need of hospital care, but who require skilled nursing care and
related medical services (1) that is operated in connection with a
hospital, or (2) where nursing care and medical services are
prescribed by, or are performed under the general direction of,
persons licensed to practice medicine or surgery in the state.