§ 1281.5
562 words·~3 min read·
/ca/health-and-safety-code/1281-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)All general acute care hospitals with an emergency department shall adopt and implement policies and procedures to facilitate the self-identification of an emergency department patient as a victim of human trafficking or domestic violence to hospital personnel.
(b)The policies and procedures adopted and implemented pursuant to subdivision
(a)shall meet all of the following minimum requirements:
(1)Provide for patient confidentiality in accordance with the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code).
(2)Provide an emergency department patient with a safe and discreet means of informing hospital personnel that they are a victim of human trafficking or domestic violence.
(A)Facilitate a reasonably prompt and private interview of the patient by medical personnel for purposes of providing information to the patient described in paragraph (4). This paragraph does not require a patient to participate in a private interview if the patient declines.
(B)For purposes of this paragraph, “medical personnel” includes any health care professional licensed under Article 1 (commencing with Section 500) of Chapter 1 of Division 2 of the Business and Professions Code.
(4)Provide patients with information to local services and resources for victims of human trafficking or domestic violence, if any.
(5)Incorporate principles of trauma-informed care.
(c)Every general acute care hospital subject to this section may track the use of the self-identification procedure, including the total number, ages, and racial demographics of patients who self-identify as a victim of human trafficking or domestic violence, to the extent that this information is provided by the patient.
(1)A general acute care hospital subject to this section shall not be required to report the identities of any patients who self-identify as a victim of human trafficking or domestic violence to the department or to any law enforcement agency, except as may be required pursuant to Article 2 (commencing with Section 11160) or Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code.
(A)A general acute care hospital, including its directors, officers, employees, medical staff, contracted health care providers, agents, and all persons licensed under Article 1 (commencing with Section 500) of Chapter 1 of Division 2 of the Business and Professions Code, acting in compliance with this section shall not be liable for any injuries or damages arising from, or related to, a patient who is offered or receives the information described in paragraph
(4)of subdivision
(b)or who self-identifies, including any injuries inflicted by a trafficker or abuser based on acts or omissions taken pursuant to the policies and procedures established under this section, so long as the hospital has acted in good faith.
(B)The liability limitations described in subparagraph
(A)shall not be construed to limit a person’s liability for any act or omission that constitutes gross negligence or willful or wanton misconduct.
(e)For purposes of this section, the following definitions shall apply:
(1)“Human trafficking” has the same meaning as that term is defined in Section 236.1 of the Penal Code.
(2)“Domestic violence” has the same meaning as that term is defined in Section 6211 of the Family Code or Section 13700 of the Penal Code.