Store Research
Assembly Bill 2362 (McCollister – 1949)
Chapter 919, Statutes of 1949
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Former Health and Safety Code sections 32125 and 32126 were amended and section 32128 was added to the Health and Safety Code in 1949 following legislative passage of Assembly Bill 2362, which affected these sections only. (See Exhibit #1e) Assembly Bill 2362 was introduced by Assembly member Richard H. McCollister on January 28, 1949. (See Exhibit #1a) As indicated in a Legislative Memorandum, Assembly Bill 2362 “represents the results of conferences between the California Medical Association and the California Osteopathic Association.” (See Exhibit #6, document PE-9)
Assembly Bill 2362 was heard in the Assembly Committee on Public Health and the Senate Committee on Public Health and Safety. (See Exhibit #2) This bill was amended twice as it was considered by both Houses. (See Exhibits #1b and #1c) Assembly Bill 2362 was approved by the Legislature on June 27, 1949, signed by Governor Earl Warren on July 15, 1949, and enacted as Chapter 919 of the Statutes of 1949. (See Exhibits #1d, #1e, and #2)
When neither of the committees hearing this bill nor its author has left documentation surviving upon its consideration, we find that the post-enrollment legislative bill file for the Governor regarding this legislation provides the most useful documents. (See generally, Exhibit #6) Through the materials located in the Governor’s file we are able to gain some insight into the intent of the legislation. The information in these materials was presumably presented to the legislature by the writers who were participants in the legislative process. (Id.)
The Legislative Counsel analysis of Assembly Bill 2362 described this bill as follows:
Places responsibility for operation of district hospitals upon board of directors. Requires rather than allows board to make rules. Requires board to establish and enforce minimum standards of operation (Section 32125).
Provides that any leas entered into for the operation of any district hospital shall require the tenant or lessee to conform to and abide by the provisions of Section 32128 (Section 32126).
Adds Section 32128 to prescribe certain provisions which must be included in rules of a hospital established by the board, relating to organization and government of the medical staff, qualifications of physicians and surgeons on the staff, preparation, maintenance and reviewing of medical records, and limitations with respect to practice of medicine and surgery in the hospital which the board finds to be in the best interests of public health and welfare. Said rules shall, insofar as consistent with this section, be at lest equal to minimum standards of private or voluntary hospitals operating within the district.
(See Exhibit #6, document PE-6)