California Health and Safety Code 1462 – (a) Except as provided in this section or Section 1461, all of …
(a) Except as provided in this section or Section 1461, all of the sessions of the board of directors of any hospital subject to this chapter, whether regular or special, shall be open to the public.
(b) The board of directors may order that a meeting held solely for the purpose of discussion or deliberation, or both, of reports involving hospital trade secrets to be held in closed session. Except as provided in this subdivision, the closed session shall meet all applicable requirements of Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code.
Terms Used In California Health and Safety Code 1462
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- board: means the board of supervisors of a county. See California Health and Safety Code 1440
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- County: includes city and county. See California Health and Safety Code 14
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
(c) “Hospital trade secrets,” as used in this section, means a “trade secret,” as defined in subdivision (d) of § 3426.1 of the Civil Code, and which meets both of the following:
(1) Is necessary to initiate a new hospital service or program or add a hospital facility.
(2) Would, if prematurely disclosed, create a substantial probability of depriving the hospital of substantial economic benefit.
(d) The exemption provided in subdivision (b) to the general open meeting requirements for a meeting of the board of directors, shall not apply to a meeting where there is action taken, as defined in § 54952.6 of the Government Code.
(e) Nothing in this section shall be construed to permit the board of directors to order a closed meeting for the purposes of discussing or deliberating, or to permit the discussion or deliberation in any closed meeting of, any proposals regarding:
(1) The sale, conversion, contract for management, or leasing of any county hospital or the assets thereof, to any for-profit or not-for-profit entity, agency, association, organization, governmental body, person, partnership, corporation, or other district.
(2) The conversion of any county hospital to any other form of ownership by the county.
(3) The dissolution of the county hospital.
(Added by Stats. 1995, Ch. 529, Sec. 13. Effective October 4, 1995.)