reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.01 - Residential Care Facilities for Persons With Chronic Life-Threatening Illness › ARTICLE 2 - Firearms, Ammunition, and Deadly Weapons › Section 1568.097.

1568.097. A licensee that permits residents to possess firearms on the facility premises shall do all of the following:
(a) Accept and centrally store a resident’s firearm, ammunition, or both.
(b) Retain and centrally store a licensee’s firearm, ammunition, or both.
(c) Resident’s and licensees’ firearms, ammunition, or both shall be centrally stored in the facility and in the following manner:
(1) Firearms shall be centrally stored unloaded, in a locked gun safe, that meets the regulatory standards established by the Department of Justice in Section 4100 of Title 11 of the California Code of Regulations.
(2) Ammunition shall be centrally stored separately in a locked location different from firearms.
(Added by Stats. 2019, Ch. 840, Sec. 3. (SB 172) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.01 - Residential Care Facilities for Persons With Chronic Life-Threatening Illness › ARTICLE 2 - Firearms, Ammunition, and Deadly Weapons › Section 1568.098.

1568.098. (a) A licensee shall not accept, retain, or store any deadly weapon, as defined in Section 1568.096, of a resident or licensee.
(b) A licensee shall not accept, retain, or store any of the following firearms owned or possessed by a resident or licensee:
(1) A firearm regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 of Part 6 of the Penal Code.
(2) A firearm regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code.
(3) A firearm regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 of Title 4 of Part 6 of the Penal Code.
(4) A firearm regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 of Title 4 of Part 6 of the Penal Code.
(c) The licensee shall not accept, retain, or store a firearm required to be registered with the Department of Justice pursuant to Section 29180 of the Penal Code unless it verifies it is in fact registered with the Department of Justice pursuant to Section 29180 of the Penal Code.
(d) The licensee may accept, retain, or store a firearm that is otherwise required to be registered with the Department of Justice pursuant to Section 29180 of the Penal Code but which is exempt from the registration requirements because it was entered into the centralized registry set forth in Section 11106 of the Penal Code prior to July 1, 2018, as being owned by a specific individual or entity if that firearm has assigned to it a distinguishing number or mark of identification because the department accepted entry of that firearm into the centralized registry.
(e) Commencing July 1, 2021, unless it is an antique firearm, the licensee shall not accept, retain, or store a firearm unless the owner of the firearm provides to the licensee documentation that the person is listed with the Department of Justice pursuant to Section 11106 of the Penal Code as the registered owner of that firearm.
(Added by Stats. 2019, Ch. 840, Sec. 3. (SB 172) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.01 - Residential Care Facilities for Persons With Chronic Life-Threatening Illness › ARTICLE 2 - Firearms, Ammunition, and Deadly Weapons › Section 1568.099.

1568.099 The acceptance or storage of a resident’s firearm by a licensee at a facility in accordance with this article, or the retention and storage of a resident’s firearm, shall not constitute a loan, sale, receipt, or transfer of a firearm within the meaning of Sections 26500, 27545, or subdivision (a) of Section 31615 of the Penal Code.
(Added by Stats. 2019, Ch. 840, Sec. 3. (SB 172) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.1 - Alzheimer s Day Care-Resource Centers Act › Section 1568.15.

1568.15. The Secretary of California Health and Human Services shall be responsible for the oversight and coordination of programs serving people living with Alzheimer’s disease and related disorders and their families. This responsibility shall include, but not be limited to:
(a) State level support and assistance to all programs within the Health and Human Services Agency and member departments developed for this target population.
(b) Establishment of the Alzheimer’s Disease and Related Disorders Advisory Committee pursuant to Section 1568.17.
(c) Review of the recommendations contained in the 1987 California Alzheimer’s Disease Task Force Report and subsequent state plans, in consultation with appropriate state departments and the Alzheimer’s Disease and Related Disorders Advisory Committee.
(Amended by Stats. 2008, Ch. 339, Sec. 2. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.15 - Medical Foster Homes for Veterans › Section 1568.21.

1568.21. The following definitions shall apply for purposes of this chapter:
(a) “Activities of daily living” has the same meaning as that term is defined in Section 17.62 of Title 38 of the Code of Federal Regulations.
(b) “Care and supervision” means the medical foster home for veterans licensee assumes responsibility for, or provides or promises to provide in the future, ongoing assistance with activities of daily living without which a veteran resident’s physical health, mental health, safety, or welfare would be endangered. Assistance includes assistance with taking medications, money management, or personal care.
(c) “Department” means the State Department of Social Services.
(d) “License” means a basic permit to operate a medical foster home for veterans.
(e) “Medical foster home for veterans” has the same meaning as medical foster home as defined in Section 17.73 of Title 38 of the Code of Federal Regulations.
(f) “Medical foster home caregiver” means the primary person who provides care to a veteran resident in a medical foster home for veterans. The licensee, applicant, and the medical foster home caregiver shall be the same person. This definition does not include other individuals who provide relief care services to the veteran resident.
(g) “Relief caregiver” means a person who provides relief care services to the veteran resident on behalf of the medical foster home caregiver. This person may be employed by the medical foster home caregiver.
(h) “Veteran resident” has the same meaning as that term is defined in Section 17.73 of Title 38 of the Code of Federal Regulations.
(Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.15 - Medical Foster Homes for Veterans › Section 1568.22.

1568.22. (a) The department may establish a medical foster home for veterans program in California pursuant to this chapter no sooner than July 1, 2024.
(b) A medical foster home for veterans established pursuant to that program is subject to licensure and regulation by the department and shall satisfy all of the following requirements:
(1) Comply with Sections 17.61 to 17.74, inclusive, of Title 38 of the Code of Federal Regulations.
(2) Meet the licensing standards set forth in this chapter, comply with the rules, regulations, and written directives adopted pursuant to this chapter, and comply with other applicable laws to maintain licensure.
(3) Agree to be subject to the jurisdiction of the department for the purpose of evaluating the program created under this chapter. Consistent with this agreement, the medical foster home for veterans licensee shall provide data, information, and case files to the department upon request.
(c) The department shall develop criteria to evaluate how the medical foster home benefits veteran residents.
(Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.15 - Medical Foster Homes for Veterans › Section 1568.23.

1568.23. (a) No person shall operate, establish, manage, conduct, or maintain a medical foster home for veterans in this state without a current valid license, as provided in this chapter.
(b) A license is not transferable. No license issued pursuant to this chapter shall have any property value for sale or exchange purposes, and no person, including any owner, agent, or broker, shall sell or exchange any license for any commercial purpose.
(c) A medical foster home for veterans shall not be licensed to operate a community care facility, as defined in Section 1502, a residential care facility for the elderly, as defined in Section 1569.2, a residential care facility for persons with chronic, life-threatening illnesses, as defined in Section 1568.01, or a child day care facility, as defined in Section 1596.750, on the same premises used as the residence of the medical foster home for veterans.
(d) This chapter applies only to community residential care facilities for veterans that have been approved by the United States Department of Veterans Affairs in accordance with Section 17.63 of Title 38 of the Code of Federal Regulations.
(e) Whether unrelated persons are living together, a medical foster home for veterans shall be considered a residential use of property for the purposes of this chapter. In addition, the veteran residents and licensee of the home shall be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property pursuant to this chapter.
(f) No conditional use permit, zoning variance, or other zoning clearance shall be required of a medical foster home for veterans that is not required of a family dwelling of the same type in the same zone.
(Amended by Stats. 2023, Ch. 131, Sec. 102. (AB 1754) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.15 - Medical Foster Homes for Veterans › Section 1568.25.

1568.25. (a) The department may suspend or revoke a license issued under this chapter, in the manner provided in subdivision (b), upon any of the following grounds:
(1) A licensee violates this chapter or the rules, regulations, and written directives adopted pursuant to this chapter.
(2) Aiding, abetting, or permitting the violation of this chapter or of the rules, regulations, and written directives adopted pursuant to this chapter.
(3) Conduct which is inimical to the health, welfare, or safety of a veteran resident receiving services from a medical foster home for veterans or the people of the State of California.
(4) The provision of services beyond the level the medical foster home for veterans is authorized to provide or accepting or retaining veteran residents who require services of a higher level than the medical foster home for veterans is authorized to provide.
(5) Engaging in acts of financial malfeasance concerning the operation of a medical foster home for veterans, including, but not limited to, the improper use or embezzlement of veteran resident moneys or property, the fraudulent appropriation for personal gain of medical foster home for veterans moneys or property, or willful or negligent failure to provide services.
(b) The department may temporarily suspend a license, prior to a hearing when, in the opinion of the department, the action is necessary to protect veteran residents of a medical foster home for veterans from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The department shall notify the licensee of the temporary suspension, the effective date of the temporary suspension, and, at the same time, serve the licensee with an accusation. Upon receipt of a notice of defense to the accusation by the licensee, the department shall, within 15 days, set the matter for hearing. The hearing shall be held as soon as possible but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits. However, a temporary suspension shall be deemed vacated if the department fails to make a final determination on the merits within 30 days after the original hearing has been completed.
(Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.15 - Medical Foster Homes for Veterans › Section 1568.255.

1568.255. Proceedings for the suspension, revocation, or denial of a license under this chapter shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by these provisions. In the event of conflict between this chapter and those provisions of the Government Code, the provisions of the Government Code shall prevail.
(Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.15 - Medical Foster Homes for Veterans › Section 1568.26.

1568.26. A license shall be forfeited by operation of law when one of the following occurs:
(a) The licensee sells or otherwise transfers the medical foster home for veterans or medical foster home for veterans property.
(b) The licensee surrenders the license to the department.
(c) The licensee moves a medical foster home for veterans from one location to another. The department shall develop rules, regulations, or written directives to ensure that a medical foster home for veterans is not charged a full licensing fee and does not have to complete the entire application process when applying for a license for the new location.
(d) The licensee dies.
(e) A licensee abandons a medical foster home for veterans. A licensee who abandons a medical foster home for veterans and the veteran residents in care, resulting in an immediate and substantial threat to the health and safety of the abandoned veteran residents, shall, in addition to forfeiture of the license pursuant to this section, be excluded from licensure in any facility licensed by the department or from being a resource family or certified foster parent without the right to petition for reinstatement, unless otherwise ordered by the department.
(f) The United States Department of Veterans Affairs revokes its approval of a medical foster home for veterans in accordance with Section 17.71 of Title 38 of the Code of Federal Regulations.
(Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.15 - Medical Foster Homes for Veterans › Section 1568.27.

1568.27. (a) (1) Every licensed medical foster home for veterans shall be periodically inspected and evaluated for quality of care by a representative or representatives designated by the department. Unannounced inspections shall be conducted at least annually and as often as necessary to ensure the quality of care being provided.
(2) During each licensing inspection, the department shall determine if the medical foster home for veterans meets regulatory standards, including, but not limited to, providing veteran residents with the appropriate level of care and supervision based on the medical foster home for veterans license, providing adequate services, maintaining updated resident records and assessments, and complying with basic health and safety standards.
(3) If the department determines that a veteran resident requires a higher level of care than the medical foster home for veterans is authorized to provide, the department may initiate a professional level of care assessment by an assessor approved by the department and consult with the United States Department of Veterans Affairs. An assessment shall be conducted in consultation with the veteran resident, the veteran resident’s physician, and the United States Department of Veterans Affairs and shall reflect the desires of the veteran resident, the veteran resident’s physician, and the United States Department of Veterans Affairs. The assessment also shall recognize that certain illnesses are episodic in nature and that the veteran resident’s need for a higher level of care may be temporary.
(4) The department shall notify a medical foster home for veterans in writing of all deficiencies in its compliance with this chapter and the rules, regulations, and written directives adopted pursuant to this chapter. The department shall set a reasonable length of time for compliance by the licensee.
(5) Unless otherwise specified in the plan of correction, a medical foster home for veterans shall remedy the deficiencies within 10 days of the notification.
(6) The department shall maintain reports on the results of each inspection and consultation. All inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(b) A duly authorized officer, employee, or agent of the department may, upon presentation of proper identification, enter and inspect any place providing personal care, supervision, and services, at any time, with or without advance notice, to secure compliance with, or to prevent a violation of, this chapter.
(Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.15 - Medical Foster Homes for Veterans › Section 1568.271.

1568.271. (a) Upon receipt of a complaint, other than a complaint alleging a denial of a statutory right of access to a medical foster home for veterans, the department shall make a preliminary review and, unless the department determines that the complaint is willfully intended to harass a licensee or is without a reasonable basis, conduct an onsite inspection within 10 days after receiving the complaint, except where the visit would adversely affect a licensing investigation or the investigation of other agencies, including, but not limited to, a law enforcement agency. In either event, the complainant shall be promptly informed of the department’s proposed course of action.
(b) Within 10 business days of completing an investigation of a complaint under this section, the department shall notify the complainant in writing of the department’s determination as a result of the investigation.
(c) A licensee, or employee of the licensee, shall not discriminate or retaliate in any manner, including, but not limited to, eviction or threat of eviction against a person receiving services from the licensee or against an employee of the licensee on the basis, or for the reason that, the person, employee, or any other person initiated or participated in the filing of a complaint, grievance, or a request for inspection with the department pursuant to this section or initiated or participated in the filing of a complaint, grievance, or request for investigation with the appropriate local or state ombudsperson.
(d) This section shall not be construed to limit the authority of the department to inspect, evaluate, or investigate a complaint or incident, or initiate a disciplinary action, against a medical foster home for veterans or to take any action it may deem necessary for the health and safety of veteran residents placed with a medical foster home for veterans.
(e) If a local or state ombudsman receives a complaint relating to a licensed medical foster home for veterans, the local and, where applicable, the state ombudsperson shall send a written report of the complaint to the department.
(f) If the department receives a complaint relating to a licensed medical foster home for veterans, the department shall send a copy of the complaint and the complaint findings to the United States Department of Veterans Affairs.
(g) If the department receives a complaint relating to a licensed medical foster home for veterans outside the department’s jurisdiction, the department shall cross-report the complaint to the appropriate agency.
(Amended by Stats. 2023, Ch. 131, Sec. 104. (AB 1754) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.15 - Medical Foster Homes for Veterans › Section 1568.29.

1568.29. (a) Prior to licensure, the following individuals shall be subject to and complete a background check pursuant to Section 1522:
(1) An applicant.
(2) An adult residing or regularly present in an applicant or licensee’s home.
(3) Additional individuals who have contact with a client, as determined necessary by the department by rules, regulations, or written directives.
(b) Subsequent to initial licensure, a person specified in subdivision (a) who is not exempted from fingerprinting under subdivision (f) shall obtain either a criminal record clearance or an exemption from disqualification pursuant to Section 1522 prior to employment, residence, or initial presence in a medical foster home for veterans.
(c) A person initiating a background examination pursuant to subdivision (a) shall submit their fingerprints to the Department of Justice by electronic transmission in a manner approved by the department, unless exempt under subdivision (f).
(d) A law enforcement agency or other local agency authorized to take fingerprints may charge a reasonable fee to offset the costs of fingerprinting for the purposes of this chapter.
(e) The Department of Justice shall use the fingerprints to search state and Federal Bureau of Investigation criminal offender record information pursuant to Section 1522.
(f) A person who is a current licensee or employee in a facility licensed by the department, a certified administrator, or a registered TrustLine provider need not submit fingerprints to the Department of Justice and may transfer their current criminal record clearance or exemption pursuant to paragraph (1) of subdivision (h) of Section 1522.
(g) Before issuing a criminal record clearance or exemption to an individual described in subdivision (a), the department shall review the individual’s state summary criminal offender record information and the records of the Federal Bureau of Investigation pursuant to Section 1522.
(h) The department shall not prohibit a person from being employed or having contact with a veteran resident in a medical foster home for veterans on the basis of a denied criminal record exemption request or arrest information unless the department complies with the requirements of Section 1568.295.
(i) The department shall hold criminal record clearances and exemptions in its active files for a minimum of three years in order to facilitate a transfer request.
(j) Other than the applicant or licensee, a member of a United States Department of Veterans Affairs interdisciplinary home care team who provides medical, rehabilitative, or preventive services to a veteran resident in a medical foster home for veterans, including, but not limited to, Home-Based Primary Care and Spinal Cord Injury-Home Care, is exempt from requirements applicable under this section.
(Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.15 - Medical Foster Homes for Veterans › Section 1568.30.

1568.30. (a) A medical foster home caregiver and relief caregiver shall provide the department written evidence of all initial and ongoing training received as required by the United States Department of Veterans Affairs. Written evidence shall be provided to the department within 30 days of completion of each training.
(b) A medical foster home caregiver and relief caregiver shall provide the department written evidence of all completed continuing education requirements related to the knowledge and skills needed in order to provide care and supervision to veteran residents who have chronic or medically complex health impairments. Written evidence shall be provided to the department within 30 days of completion of each training.
(c) The department shall have the authority to require a medical foster home caregiver and relief caregiver to receive additional training if determined necessary.
(Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.15 - Medical Foster Homes for Veterans › Section 1568.40.

1568.40. (a) The department shall adopt, amend, or repeal, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations to implement this chapter.
(b) Until regulations are adopted, the department may implement and administer the licensing of medical foster homes for veterans under this chapter through the issuance of written directives that shall have the same force and effect as regulations. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 1 - General Provisions › Section 1569.

1569. This chapter shall be known and may be cited as the California Residential Care Facilities for the Elderly Act.
(Added by Stats. 1985, Ch. 1127, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 1 - General Provisions › Section 1569.1.

1569.1. The Legislature hereby finds and declares:
(a)  The Legislature has taken steps in recent years to develop a continuum of long-term social and health support services for older persons in the community that provide a range of options for long-term care and residential care facilities for the elderly are central in that continuum.
(b)  These efforts require a reevaluation of residential care for the elderly outside the constraints of the Community Care Facilities Act.
(c)  The Community Care Facilities Act was enacted in 1973 with the primary purpose of ensuring that residents of state hospitals would have access to safe, alternative community-based housing.
(d)  Since that time, due to shortages in affordable housing and a greater demand for residences for the elderly providing some care and supervision, a growing number of elderly persons with health and social care needs now reside in community care facilities that may or may not be designed to meet their needs.
(e)  Progress in the field of gerontology has provided new insights and information as to the types of services required to allow older persons to remain as independent as possible while residing in a residential care facility for the elderly.
(f)  The fluctuating health and social status of older persons demands a system of residential care that can respond to these needs by making available multilevels of service within the facility, thus reducing the need for residents with fluctuating conditions to move between medical and nonmedical facilities.
(g)  Residential care facilities for the elderly which are not primarily medically oriented represent a humane approach to meeting the housing, social and service needs of older persons, and can provide a homelike environment for older persons with a variety of care needs.
(h)  It is, therefore, the intent of the Legislature to require that residential care facilities for the elderly be licensed as a separate category within the existing licensing structure of the State Department of Social Services.
(Added by Stats. 1985, Ch. 1127, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 1 - General Provisions › Section 1569.3.

1569.3. The license of any facility licensed as a residential facility for the elderly under the California Community Care Facilities Act provided for in Chapter 3 (commencing with Section 1500) on January 1, 1986, shall automatically be transferred for the unexpired term of the license to licensure as a residential care facility for the elderly under this chapter.
(Amended by Stats. 2005, Ch. 423, Sec. 3. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 1 - General Provisions › Section 1569.4.

1569.4. (a) Beginning May 1, 2021, and annually thereafter, the department shall collect information and send a report to each county’s department of mental health or behavioral health of all licensed residential care facilities for the elderly in the county that accept the federal supplemental security rate and accept residents with a serious mental disorder, as defined in Section 5600.3 of the Welfare and Institutions Code, and the number of licensed beds at each facility.
(b) Beginning May 1, 2021, and quarterly thereafter, the department shall send to each county’s department of mental health or behavioral health the report of licensed residential care facilities for the elderly that closed permanently in the prior quarter, by county, and shall include the number of licensed beds of each facility and the reason for closing. The report shall include cumulative data and closure trends for each county and be based on facilities identified in subdivision (a).
(c) Upon receiving notice that a licensed residential care facility for the elderly intends to close permanently, the department shall notify the county mental or behavioral health department within three business days.
(Added by Stats. 2020, Ch. 139, Sec. 3. (AB 1766) Effective January 1, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 1 - General Provisions › Section 1569.5.

1569.5. (a) The director shall adopt regulations authorizing residential care facilities for the elderly, as defined in Section 1569.2, to fill unused capacity on a short-term, time-limited basis to provide temporary respite care for persons who are frail and elderly, adults who have functional impairments, or persons with mental health disorders who need 24-hour supervision and who are being cared for by a caretaker or caretakers. The regulations shall address provisions for liability coverage and the level of facility responsibility for routine medical care and medication management, and may require screening of persons to determine the level of care required, a physical history completed by the person’s personal physician, and other alternative admission criteria to protect the health and safety of persons applying for respite care. The regulations shall permit these facilities to charge a fee for the services provided, which shall include, but not be limited to, supervision, room, leisure activities, and meals.
(b) No facility shall accept persons in need of care beyond the level of care for which that facility is licensed.
(Amended by Stats. 2014, Ch. 144, Sec. 34. (AB 1847) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.10.

1569.10. No person, firm, partnership, association, or corporation within the state and no state or local public agency shall operate, establish, manage, conduct, or maintain a residential facility for the elderly in this state without a current valid license or current valid special permit therefor, as provided in this chapter.
(Amended by Stats. 1987, Ch. 1069, Sec. 4.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.11.

1569.11. The department shall inspect and license residential care facilities for the elderly. A license is not transferable.
(Added by Stats. 1985, Ch. 1127, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.12.

1569.12. The department may provide consulting services upon request to any residential care facility for the elderly to assist in the identification or correction of deficiencies and in the upgrading of the quality of care provided by the facility.
(Added by Stats. 1985, Ch. 1127, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.13.

1569.13. (a)  The department may contract for state, county, or other public agencies to assume specified licensing, approval, or consultation responsibilities. In exercising the authority so delegated, these agencies shall conform to the requirements of this chapter and to the rules, regulations, and standards of the department. The department shall reimburse agencies for services performed pursuant to this section, and the payments shall not exceed actual cost.
If any grants-in-aid are made by the federal government for the support of any inspection or consultation service approved by the department, the amount of the federal grant shall first be applied to defer the cost of the service before state reimbursement is made.
(b)  The department may contract with any county for the purposes of having the county assume the responsibility within the county for the licensing and regulation of residential care facilities for the elderly serving six or fewer persons. Prior to the department contracting with any county for the licensing and regulation of residential care facilities for the elderly serving six or fewer persons, the department shall develop uniform standards which specify and delineate the responsibilities of contracting counties and the department. The department shall reimburse the county for the services performed, not to exceed the actual cost, out of the funds allocated to the department for the licensing and regulation of those facilities. The county shall conform to the requirements of this chapter and to the rules, regulations, and standards of the department.
(Amended by Stats. 1989, Ch. 488, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.14.

1569.14. No license issued pursuant to this chapter shall have any property value for sale or exchange purposes and no person, including any owner, agent, or broker, shall sell or exchange any license for any commercial purpose.
(Added by Stats. 1985, Ch. 1127, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.147.

1569.147. (a)  Nothing in this chapter authorizes the imposition of rent regulations or controls for licensed residential care facilities for the elderly.
(b)  Licensed residential care facilities for the elderly are not subject to controls on rent imposed by any state or local agency or other local government entity.
(Added by Stats. 1985, Ch. 1127, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.149.

1569.149. A prospective applicant for licensure shall be notified at the time of the initial request for information regarding application for licensure that, prior to obtaining licensure, the facility shall secure and maintain a fire clearance approval from the local fire enforcing agency, as defined in Section 13244, or the State Fire Marshal, whichever has primary fire protection jurisdiction. The prospective applicant shall be notified of the provisions of Section 13235, relating to the fire safety clearance application. The prospective applicant for licensure shall be notified that the fire clearance shall be in accordance with state and local fire safety regulations.
(Added by Stats. 1989, Ch. 993, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.151.

1569.151. Upon receipt of an application to operate a residential care facility for the elderly from an applicant who is also applying or intends to apply for a permit to sell deposit subscriptions on life care contracts pursuant to Chapter 10 (commencing with Section 1770), the department shall review the application for licensure to determine the applicant’s ability and intent to meet all statutory and regulatory requirements for a residential care facility for the elderly.
Upon determination that the applicant has provided satisfactory evidence of ability and intent, the department shall issue a preliminary approval for licensure, for purposes of the applicant obtaining a permit to sell deposit subscriptions for life care contracts. Preliminary approval does not guarantee that a license will be issued by the department.
(Added by Stats. 1986, Ch. 844, Sec. 2.5.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.1515.

1569.1515. (a)  A corporation that applies for licensure with the department shall list the facilities that any member of the board of directors, the executive director, or an officer has been licensed to operate, been employed in, or served as a member of the board of directors, the executive director, or an officer.
(b)  The department shall not issue a provisional license or license to any corporate applicant that has a member of the board of directors, the executive director, or an officer who is not eligible for licensure pursuant to Sections 1569.16 and 1569.59.
(c)  The department may revoke the license of any corporate licensee that has a member of the board of directors, the executive director, or an officer who is not eligible for licensure pursuant to Sections 1569.16 and 1569.59.
(d)  Prior to instituting an administrative action pursuant to either subdivision (b) or (c), the department shall notify the applicant or licensee of the person’s ineligibility to be a member of the board of directors, an executive director, or an officer of the applicant or licensee, and shall give the applicant or licensee 15 days to remove the person from that position.
(Added by Stats. 1998, Ch. 311, Sec. 36. Effective August 19, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.152.

1569.152. (a)  A residential care facility for the elderly, as defined in Section 1569.2, which fails to make reasonable efforts to safeguard resident property shall reimburse a resident for or replace stolen or lost resident property at its then current value. The facility shall be presumed to have made reasonable efforts to safeguard resident property if the facility has shown clear and convincing evidence of its efforts to meet each of the requirements specified in Section 1569.153. The presumption shall be a rebuttable presumption, and the resident or the resident’s representative may pursue this matter in any court of competent jurisdiction.
(b)  A civil penalty shall be levied if the residential care facility for the elderly has no program in place or if the facility has not shown clear and convincing evidence of its efforts to meet all of the requirements set forth in Section 1569.153. The State Department of Social Services shall issue a deficiency in the event that the manner in which the policies have been implemented is inadequate or the individual facility situation warrants additional theft and loss protections.
(c)  The department shall not determine that a facility’s program is inadequate based solely on the occasional occurrence of theft or loss in a facility.
(Added by Stats. 1988, Ch. 750, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.154.

1569.154. No provision of a contract of admission, which includes all documents which a resident or his or her representative is required to sign at the time of, or as a condition of, admission to a residential care facility for the elderly, shall require or imply a lesser standard of responsibility for the personal property of residents than is required by law.
(Added by Stats. 1988, Ch. 750, Sec. 4.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.155.

1569.155. Upon initial licensure, residential care facilities for the elderly shall be provided a printed copy of all applicable regulations by the department, without charge. All licensees shall subscribe to the appropriate regulation subscription service and are responsible for keeping current on changes in regulatory requirements.
(Added by Stats. 1985, Ch. 1127, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.156.

1569.156. (a)  A residential care facility for the elderly shall do all of the following:
(1)  Not condition the provision of care or otherwise discriminate based on whether or not an individual has executed an advance directive, consistent with applicable laws and regulations.
(2)  Provide education to staff on issues concerning advance directives.
(3)  Provide written information, upon admission, about the right to make decisions concerning medical care, including the right to accept or refuse medical or surgical treatment and the right, under state law, to formulate advance directives.
(4)  Provide written information about policies of the facility regarding the implementation of the rights described in paragraph (3).
(b)  For purposes of this section, “advance directive” means an “advance health care directive,” as defined in Section 4605 of the Probate Code, or some other form of instruction recognized under state law specifically addressing the provision of health care.
(Amended by Stats. 1999, Ch. 658, Sec. 2. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.159.

1569.159. The State Department of Social Services shall provide to residential care facilities for the elderly a form, which the residential care facility for the elderly shall attach to each resident admission agreement, notifying the resident that he or she is entitled to obtain services and equipment from the telephone company. The form shall include the following information:
“Any hearing or speech impaired, or otherwise disabled resident of any residential care facility for the elderly is entitled to equipment and service by the telephone company, pursuant to Section 2881 of the Public Utilities Code, to improve the quality of their telecommunications. Any resident who has a declaration from a licensed professional, or a state or federal agency pursuant to Section 2881 of the Public Utilities Code, that he or she is hearing or speech impaired, or otherwise disabled should contact the local telephone company and ask for assistance in obtaining this equipment and service.”
This section shall not be construed to require, in any way, the licensee to provide a separate telephone line for any resident.
(Added by Stats. 1996, Ch. 448, Sec. 2. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.171.

1569.171. Prior to issuance to any person of a certificate of completion of the administrator certification program pursuant to Section 1569.616, the department shall secure from an appropriate law enforcement agency a criminal record to determine if the person has been convicted of a crime other than a minor traffic violation. Based upon the criminal record information received, the department shall take appropriate action as provided for in Section 1569.17.
(Added by Stats. 1991, Ch. 848, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.172.

1569.172. The Department of Justice may charge a fee sufficient to cover its cost in providing services in accordance with Section 1569.17 to comply with the 14-day requirement for provision to the department of the criminal record information, as contained in subdivision (c) of Section 1569.17.
(Amended by Stats. 1998, Ch. 311, Sec. 38. Effective August 19, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.175.

1569.175. (a)  In addition to any other requirements of this chapter, any residential care facility for the elderly providing residential care for six or fewer persons at which the owner does not reside shall provide a procedure approved by the licensing agency for immediate response to incidents and complaints. This procedure shall include a method of assuring that the owner, licensee, or person designated by the owner or licensee is notified of the incident, that the owner, licensee, or person designated by the owner or licensee has personally investigated the matter, and that the person making the complaint or reporting the incident has received a response of action taken or a reason why no action needs to be taken.
(b)  In order to assure the opportunity for complaints to be made directly to the owner, licensee, or person designated by the owner or licensee, and to provide the opportunity for the owner, licensee, or person designated by the owner or licensee to meet residents and learn of problems in the neighborhood, any facility with a nonresident owner shall establish a fixed time on a weekly basis when the owner, licensee, or person designated by the owner or licensee will be present.
(c)  Facilities with nonresident owners shall establish procedures to comply with the requirements of this section on or before July 1, 1987.
(Added by Stats. 1986, Ch. 822, Sec. 2.)