Hi legoff,
The following section of the Health and Safety Code states the minimum
standards needed to use the word "emergency" in advertising of a
medical facility (nothing is mentioned about free standing, one way or
the other). However, failing that, a facility off the premises of the
hospital is explicitly permitted to use urgent, immediate, or prompt
medical care in its advertising.
HEALTH AND SAFETY CODE SECTION 1798.175
"1798.175. (a) No person or public agency shall advertise itself as,
or hold itself out as, providing emergency medical services, by using
in its name or advertising the word "emergency," or any derivation
thereof, or any words which suggest that it is staffed and equipped to
provide emergency medical services, unless the person or public
agency satisfies one of the following requirements:
(1) Is a general acute care hospital providing approved standby,
basic, or comprehensive emergency medical services regulated by this
chapter.
(2) Meets all of the following minimum standards:
(A) Emergency services are available in the facility seven days a
week, 24 hours a day.
(B) Has equipment, medication, and personnel experienced in the
provision of services needed to treat life-, limb-, or
function-threatening conditions.
(C) Diagnostic radiology and clinical laboratory services are
provided by persons on duty or on call and available when needed.
(D) At least one physician who is trained and experienced in the
provision of emergency medical care who is on duty or on call so as to
be immediately available to the facility.
(E) Medical records document the name of each patient who seeks
care, as well as the disposition of each patient upon discharge.
(F) A roster of speciality physicians who are available for
referral, consultation, and speciality services is maintained and
available.
(G) Policies and procedures define the scope and conduct of
treatment provided, including procedures for the management of
specific types of emergencies.
(H) The quality and appropriateness of emergency services are
evaluated at least annually as part of a quality assurance program.
(I) Provides information to the public that describes the
capabilities of the facility, including the scope of services
provided, the manner in which the facility complies with the
requirements of this section pertaining to the availability and
qualifications of personnel or services, and the manner in which the
facility cooperates with the patient's primary care physician in
followup care.
(J) Clearly identifies the responsible professional or
professionals and the legal owner or owners of the facility in its
promotion, advertising, and solicitations.
(K) Transfer agreements are in effect at all times with one or more
general acute care hospitals which provide basic or comprehensive
emergency medical services wherein patients requiring more definitive
care will be expeditiously transferred and receive prompt hospital
care. Reasonable care shall be exercised to determine whether an
emergency requiring more definitive care exists and the person seeking
emergency care shall be assisted in obtaining these services,
including transportation services, in every way reasonable under the
circumstances.
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(c) Nothing in this article shall be construed to:
(1) Prohibit a physician in private practice, an outpatient
department of a general acute care hospital whether located on or off
the premises of the hospital, or other entity authorized to offer
medical services from advertising itself as, or otherwise holding
itself out as, providing urgent, immediate, or prompt medical
services, or from using in its name or advertising the words "urgent,"
"prompt," "immediate," any derivative thereof, or other words which
suggest that it is staffed and equipped to provide urgent, prompt, or
immediate medical services."
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=01001-02000&file=1798.175
Further, funds for a free-standing EMS system was approved for California in 2003.
Emergency Medical Services Authority
REVIEW AND APPROVAL OF THE JUNE 11, 2003 AGENDA
MINUTES
STATE OF CALIFORNIA
COMMISSION ON EMS
LOS ANGELES, CA
JUNE 11, 2003
"The second phase of the HRSA grant is $38.7 million for California.
These funds are for the development, implementation, and the
intensification of regional preparedness plans to improve the capacity
of health care systems to respond to incidents in the hospital,
emergency room, outpatient clinic, poison control center,
free-standing and fire-based EMS system, rural health clinic,
community health center and tribal facility settings."
http://www.emsa.ca.gov/def_comm/ii_minutes061103.asp
Additional Link of Interest:
CALIFORNIA HEALTH AND SAFETY CODE
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=hsc&codebody=&hits=20
I'm confident a free standing EMS facility is permitted as long as the
minimum standards are met (radiology, open 24/7, equipment,
medication, etc). A less equipped facility may provide urgent care but
is not an emergency facility. An "emergency room" will have to be
attached to a facility which meets the minimum standards. If you have
any questions, if I misunderstood your question, or if you're still
not sure about it, please post a clarification request and wait for me
to respond before closing/rating my answer.
Thank you,
hummer
Google Search Terms Used: EMS facilities california code emergency
departments free standing |
Clarification of Answer by
hummer-ga
on
21 Oct 2005 08:56 PDT
Hi legoff,
I have been searching Title 22 all morning and haven't been able to
find exactly what the community is referring to and I thought I'd
keep you posted on my progress so you know for sure that someone is
out there in cyberland is working on this for you.
Have you contacted your local EMS Agency?
Local EMS Agencies
http://www.emsa.ca.gov/ems_lems/ems_lems.asp
According to the California Office of Statewide Health Planning and
Development Healthcare Information Division,
1. An "emergency room" is an "ambulatory services cost center in a hospital".
2. EMS level: "Only a general acute care hospital (GAC) can be
licensed for emergency medical services"
3. EMS treatment station: a specific place within the EMS Department.
>> DEFINITIONS
Emergency Room:
"The ambulatory services cost center in a hospital which provides
emergency treatment to the ill and injured who require immediate
medical or surgical care on an unscheduled basis, including occasional
care for conditions which would not be considered emergencies.
EMS Level:
The Emergency Medical Services (EMS) level, if any, at which the
facility is licensed by the Division of Licensing and Certification,
Department of Health Services. Only a general acute care hospital
(GAC) can be licensed for emergency medical services. Licensed levels
are:
1. Standby - the provision of emergency medical care in a
specifically designated area of the hospital that is equipped and
maintained at all times to receive patients with urgent medical
problems, and capable of providing physician services within a
reasonable time. (See Title 22, Division 5, Sections 70651-70657,
California Code of Regulations, for details)
2. Basic - the provision of emergency medical care in a
specifically designated area of the hospital that is staffed and
equipped at all times to provide prompt care for any patient
presenting urgent medical problems. (See Title 22, Division 5,
Sections 70413-70419, California Code of Regulations, for details)
3. Comprehensive - the provision of diagnostic and therapeutic
services for unforeseen physical and mental disorders that, if not
properly treated, would lead to marked suffering, disability, or
death. The scope of services is comprehensive, with in-house
capability for managing all medical situations on a definitive and
continuing basis. (See Title 22, Division 5, Sections 70453-70459,
California Code of Regulations, for details)
EMS Station:
An Emergency Medical Services (EMS) treatment station. This is a
specific place within the EMS Department adequate to treat one patient
at a time. Holding or observation beds are not included."
http://www.oshpd.cahwnet.gov/HID/glossary/glossaryE.htm
CALIFORNIA HEALTH AND SAFETY CODE
Table of Contents
CHAPTER 4. LOCAL ADMINISTRATION
Article 1. Local EMS Agency ........................... 1797.200-1797.226
Article 2. Local Emergency Medical Services Planning .. 1797.250-1797.258
CHAPTER 6. FACILITIES
Article 3.5. Use of "Emergency" ................................ 1798.175
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=hsc&codebody=&hits=20
>> Title 22
TITLE 22. Social Security
http://ccr.oal.ca.gov/cgi-bin/om_isapi.dll?clientID=118137&infobase=ccr&softpage=Browse_Frame_Pg42
TITLE 22: Social Security: Division 7: Health Planning and Facility Construction
http://ccr.oal.ca.gov/cgi-bin/om_isapi.dll?clientID=118259&E22=title%2022&E23=1&E24=&infobase=ccr&querytemplate=%261.%20Go%20to%20a%20Specific%20Section&softpage=Browse_Frame_Pg42
TITLE 22: Social Security: Division 9: Prehospital Emergency Medical Services
http://ccr.oal.ca.gov/cgi-bin/om_isapi.dll?clientID=123986&advquery=1798.175&infobase=ccr&record={6A67E}&softpage=Browse_Frame_Pg42&x=32&y=12&zz=
I'll be back in touch,
hummer
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