reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 3 - Licensing › Section 1416.24.

1416.24. (a)  An application for a nursing home administrator license shall be submitted to the program on a form provided by the program, with the appropriate nonrefundable fee for any required examination, the application, and licensure. The application shall contain information the program deems necessary to determine the applicant’s qualifications and a statement whether the individual has been convicted of any crime other than a minor traffic violation. Each applicant shall meet the current requirements for any required examination and licensure. Applicants for licensure shall submit evidence of electronic transmission of fingerprints or fingerprint cards to the program.
(b)  A completed application package, together with the examination application, and licensure fees must be received by the program at least 30 days prior to the examination date.
(c)  (1)  The withdrawal of an application for a license after it has been filed with the department shall not, unless the department consents in writing to the withdrawal, deprive the department of its authority to institute or continue a proceeding against the applicant for the denial of the license upon any ground provided by law or to enter an order denying the license upon that ground.
(2)  The suspension, expiration, or forfeiture by operation of law of a license issued by the department, the suspension, forfeiture, or cancellation by order of the department or a court of law of a license, or the surrender without the written consent of the department of a license, shall not deprive the department of its authority to institute or continue a disciplinary proceeding against the licensee upon any ground provided by law or to enter an order suspending or revoking the license or otherwise taking disciplinary action against the licensee on any grounds.
(d)  An application that is submitted to the program is valid for only one year after the date of receipt. An applicant who fails to meet all requirements for licensure, including successfully passing the national and state examinations during that one-year period, shall be required to submit another application and appropriate application and examination fees to the program before attempting further examinations.
(e)  The program may extend the one-year period described in subdivision (d) upon a showing of good cause. For purposes of this subdivision, good causes shall include, but shall not be limited to, delays in the processing of the application, or delays in applying for and taking the examination caused by illness, accident, or other extenuating circumstances.
(f)  An applicant shall submit documentation and evidence to the program of his or her eligibility for licensure.
(g)  At the time of the examination, the applicant shall read and sign the Examination Security Agreement and comply with its terms.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 3 - Licensing › Section 1416.26.

1416.26. (a) As part of the application process for a nursing home administrator license, an applicant shall electronically submit fingerprint images and related information, for a criminal offender record information search, to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice. The applicant shall provide proof of electronic transmission of his or her fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation. Upon receipt of the fingerprint images and related information, the Department of Justice shall notify the department with a state or federal level criminal offender record information search response. If no state or federal level criminal record information has been recorded, the Department of Justice shall provide the department with a statement of that fact.
(b) This criminal record clearance shall be completed prior to issuing a license. Applicants shall be responsible for any costs associated with the criminal record clearance. The fee to cover the processing costs of the Department of Justice, not including the costs associated with capturing or transmitting the fingerprint images and related information, shall not exceed thirty-two dollars ($32) for a state level criminal offender record information search, and shall not exceed twenty-four dollars ($24) for a federal level criminal offender record information search.
(Amended by Stats. 2006, Ch. 902, Sec. 3. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 3 - Licensing › Section 1416.30.

1416.30. (a)  The program shall require compliance with any judgment or order for support prior to issuance or renewal of a license.
(b)  Each applicant for the issuance or renewal of a nursing home administrator license, who is not in compliance with a judgment or order for support shall be subject to Section 11350.6 of the Welfare and Institutions Code.
(c)  “Compliance with a judgment or order of support” has the same meaning as specified in paragraph (4) of subdivision (a) of Section 11350.6 of the Welfare and Institutions Code.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 3 - Licensing › Section 1416.34.

1416.34. (a)  (1)  In order to have a passing score on either the national or state examination, an examinee shall earn a score of at least 75 percent.
(2)  An applicant who fails to pass either the national or state examination shall retake the entire national or state examination.
(3)  An applicant who fails to pass either the state or national examination after three attempts shall receive additional training as outlined by the program from a program-approved preceptor, prior to participating in another examination.
(b)  The examination shall be administered and evaluated by either of the following:
(1)  The department.
(2)  A contractor or vendor pursuant to a written agreement with the program or department.
(c)  The results of the examination shall be provided to each applicant in a timely manner, not to exceed 90 days from the date of the examination.
(d)  The program shall issue a license to an applicant who successfully passes the required examination and has satisfied all other requirements for licensure.
(e)  A license shall be effective for a period of two years from the date of issuance.
(f)  The program shall issue a provisional license to candidates who meet the provisional licensure requirements established by this chapter.
(g)  The program shall replace a lost, damaged, or destroyed license certificate upon receipt of a written request from a licensee and payment of the duplicate license fee. A licensee shall complete a request for a duplicate license on the required program form, and then submit it to the program.
(h)  A licensee shall inform the program of the licensee’s current home address, mailing address, and if employed by a nursing facility, the name and address of that employer. A licensee shall report a change in any of this information to the program within 30 calendar days. Failure of the licensee to provide timely notice to the program may result in a citation penalty. A licensee shall provide to the program an address to be included in the public files.
(i)  A licensee shall display his or her license and show to anyone upon request in order to inform patients or the public as to the identity of the regulatory agency that they may contact if they have questions or complaints regarding the licensee.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 3 - Licensing › Section 1416.38.

1416.38. Within 10 days after the beginning of every month, all fees collected by the program for the month preceding, under this chapter, shall be paid into the State Department of Public Health Licensing and Certification Program Fund established by Section 1266.9, to defray the expenses of the program and in carrying out and enforcing the provisions of this chapter.
(Amended by Stats. 2012, Ch. 672, Sec. 4. (AB 1710) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 3 - Licensing › Section 1416.40.

1416.40. (a)  For purposes of this chapter, “reciprocity applicant” means any applicant who holds a current license as a nursing home administrator in another state has been licensed and in good standing, has passed the national examination, and the applicant is otherwise qualified.
(b)  An applicant who holds a current valid license as a nursing home administrator in another state may be issued a one-year provisional license as a reciprocity applicant pursuant to this section. The provisional license authorizes the holder to work in this state at a licensed nursing facility during the one-year licensure period.
(c)  The applicant shall obtain an application form from the program, complete the form accurately, and, under penalty of perjury, certify the experience, education, and criminal record history information supplied in the application. The applicant shall submit the application to the program, along with any supporting documents to substantiate the application and the applicable provisional, examination, and licensure fees.
(d)  The provisional license may be granted to a reciprocity applicant who complies with all of the following informational requirements:
(1)  Provides a statement of health consistent with an ability to perform the duties of a nursing home administrator.
(2)  Discloses the fact of and the circumstances surrounding any of the following:
(A)  Conviction of any criminal law violation of any country, state, or municipality, except minor traffic violations. The applicant shall submit appropriate criminal record information for purposes of this subparagraph.
(B)  Any discipline affecting nursing home administrator licensure in any state.
(C)  Any pending investigations or disciplinary actions concerning, or surrender of, nursing home administrator licensure in any state. The applicant shall submit an endorsement certificate to verify state licensure and substantiate if he or she has no pending investigation, disciplinary action, or surrender under this subparagraph.
(3)  Submits official transcripts as evidence of completed college or university courses and degrees.
(4)  Provides satisfactory evidence of current or recent employment experience within the last five years as a licensed nursing home administrator.
(5)  Submits proof that the applicant is at least 18 years of age.
(e)  The reciprocity applicant who holds a provisional license as authorized by this section shall be required to pass the state examination. If the provisional licensee, fails to pass the state examination within the one-year provisional licensure period, the provisional license shall expire and no further reciprocity accommodations shall be allowed. The provisional license may not be renewed or extended. At the expiration of the provisional license the applicant may seek licensure in this state through standard procedures.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 3 - Licensing › Section 1416.42.

1416.42. (a)  Except for provisional licenses issued pursuant to Section 1416.40, each license issued pursuant to this chapter shall expire 24 months from the date of issuance.
(b)  To renew an unexpired license the licensee shall, at least 30 days prior to the expiration of the license, submit an application for renewal on a form provided by the program, accompanied by the renewal fee. An applicant may request either an active license or an inactive license. If an applicant requests an active license, he or she shall submit proof of completion of the required hours of program-approved continuing education.
(c)  A delinquency fee is payable for license renewals not received by the program one day after the license expires.
(d)  A license which has expired may be reinstated within three years following the date of expiration. The licensee shall apply for reinstatement on a form provided by the program and submit the completed form together with the current fee for license renewal. If the licensee requests an active license, he or she shall furnish proof of completion of the required hours of continuing education. The reinstatement shall be effective on the date that the completed application, including required fees, is submitted and approved.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 3 - Licensing › Section 1416.44.

1416.44. (a)  Notwithstanding any other provision of law, a licensee who permitted his or her license to expire while serving in any branch of the armed services of the United States during a period of war, as defined in subdivision (e), may, upon application, reinstate his or her license without examination or penalty if the following conditions are met:
(1)  His or her license was valid at the time he or she entered the armed services.
(2)  The application for reinstatement is made while serving in the armed services, not later than one year from the date of discharge from active service or return to inactive military status, or within three years following the license date of expiration whichever is the most recent time period.
(3)  The application for reinstatement is accompanied by an affidavit showing the date of entrance into the service, whether still in the service or date of discharge, and the renewal fee for the current renewal period in which the application is filed is paid.
(4)  The application for reinstatement indicates no criminal convictions while absent from the profession.
(b)  If application for reinstatement is filed more than one year after discharge or return to inactive status, the applicant, in the discretion of the licensing program, may be required to pass an examination and pay additional fees.
(c)  Unless otherwise specifically provided by law, any licensee who, either part time or full time, practices in this state the nursing home administrator profession shall be required to maintain his or her license in good standing even though he or she is in military service.
(d)  For the purposes in this section, time spent by a licensee in receiving treatment or hospitalization in any veterans’ facility during which he or she is prevented from practicing his or her profession or vocation shall be excluded in determining the periods specified in paragraph (2) of subdivision (a).
(e)  As used in this section, “war” means any of the following circumstances:
(1)  Whenever Congress has declared war and peace has not formally been restored.
(2)  Whenever the United States is engaged in active military operations against any foreign power, whether or not war has been formally declared.
(3)  Whenever the United States is assisting the United Nations, in actions involving the use of armed force, to restore international peace and security.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 3 - Licensing › Section 1416.45.

1416.45. A licensee may not engage in licensed activity while his or her license is suspended or revoked, or after it has expired.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 3 - Licensing › Section 1416.46.

1416.46. (a)  A revoked license may not be renewed.
(b)  A licensee whose license has been revoked may petition the program for reinstatement after a period of not less than one year has elapsed from the effective date of the decision or from the date of the denial of a similar petition. The petitioner shall be afforded an opportunity to present either oral or written argument before the program. The program shall decide the petition and the decision shall include the reasons therefor, and any terms and conditions that the program reasonably deems appropriate to impose as a condition of reinstatement.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 3 - Licensing › Section 1416.48.

1416.48. A licensee who does not intend to engage in activity requiring nursing home administrator licensure may file a request to place his or her license in inactive status. An inactive license is subject to all requirements for renewal, including payment of fees, but completion of continuing education is not required to renew an inactive license. However, proof of completion of 40 continuing education credits during the last two years shall be submitted together with an application for reinstatement of an active license.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 3 - Licensing › Section 1416.50.

1416.50. (a)  For purposes of this chapter, “continuing education” means any course of study offered by an educational institution, association, professional society, or organization for the purpose of providing continuing education for nursing home administrators.
(b)  This section shall govern the continuing education requirements needed by a nursing home administrator to renew his or her nursing home administrator license.
(c)  In order to renew a license, the applicant shall provide evidence satisfactory to the program that he or she has completed 40 hours of program-approved continuing education courses, of which at least 10 total hours shall be specifically in the area of aging or patient care.
(d)  The continuing education courses to be approved for credit toward the continuing education requirements may include the following subject areas offered by accredited colleges, universities, community colleges, or a training entity approved by the department.
(1)  Resident care.
(2)  Personnel management.
(3)  Financial management.
(4)  Environmental management.
(5)  Regulatory management.
(6)  Organizational management.
(7)  Patient care and aging.
(e)  No continuing education credit shall be allowed for courses failed according to the institution’s grading determination.
(f)  If the program finds that programs of training and instruction conducted within the state are not sufficient in number or content to enable nursing home administrators to meet requirements established by law and this chapter, the program may approve courses conducted within and without this state as sufficient to meet educational requirements established by law and this chapter. For the purposes of this subdivision, the program shall have the authority to receive funds in a manner consistent with the requirements of the federal government.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 5 - Enforcement › Section 1416.60.

1416.60. Each licensee shall, within 30 days, after each appointment as the designated administrator of a nursing home and after any termination of that appointment, notify the program. Each notification shall include the name of the administrator, the nursing home administrator number assigned, the name and address of the facility or facilities involved, and the date of the appointment or termination. All information provided pursuant to this section shall be public information.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 5 - Enforcement › Section 1416.62.

1416.62. The program shall maintain a current list of nursing home administrators who have been placed on probation or had their licenses suspended or revoked within the last three years. The program shall provide the current list of these administrators to licensed nursing homes and the department district offices every six months. The current list shall also be available to the general public upon request.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 5 - Enforcement › Section 1416.64.

1416.64. (a)  The program shall maintain a record of enforcement actions reported to the program, pursuant to Section 1416.12. The program shall routinely review the citation logs and files of nursing home administrators whose facilities have received citations from the department to determine if remedial or disciplinary action against the administrator is warranted based on the administrator’s involvement or culpability in the citations. Regardless of the facility’s performance record, the program may initiate disciplinary action against an administrator who violates any statute or regulation governing licensed nursing home administrators.
(b)  Following receipt of reports on temporary suspension orders, service of an accusation for facility license revocations, or final decertification of a facility from participation in the Medi-Cal or Medicare programs, due to failure to meet certification standards, the program shall make a determination as to whether the evidence available warrants remedial or disciplinary action against the administrator or constitutes grounds for denial, suspension, or revocation pursuant to Section 1416.76.
(c)  If the program determines that action against the administrator is not warranted, the program shall document in the file the reasons and specific circumstances for not taking remedial or disciplinary action against the administrator’s license.
(d)  The program shall consider all of the following prior to making a determination to initiate disciplinary action:
(1)  Any information provided to the program by the administrator pursuant to this section.
(2)  Whether the administrator was in fact the designated administrator of the facility when the violation occurred, or the designated administrator of the facility during the period of time the citation covered.
(3)  Whether the administrator should have or could have prevented the violation or violations that occurred.
(e)  Prior to making a final determination to initiate action against an administrator, the program shall notify the administrator that the program is considering action and provide the administrator with an opportunity to show just cause why remedial or disciplinary action should not be initiated.
(f)  If the program determines that grounds for remedial or disciplinary action exist, the program may initiate either or both of the following actions, as warranted:
(1)  Remedial action, including, but not limited to, a conference with the administrator, a letter of warning, or both.
(2)  Disciplinary action, including, but not limited to, citations, fines, formal letters of reprimand, probation, denial, suspension, revocation of the administrator’s license, or any combination of these actions.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 5 - Enforcement › Section 1416.66.

1416.66. (a)  The program shall develop and make available a form that may be utilized at the nursing home administrator’s option to provide the program with relevant information, documentation, and background on any actions reported to the program pursuant Section 1416.12.
(b)  Any reports received pursuant to Section 1416.12 shall remain in the administrator’s file for five years, unless the program is notified that the action has been modified or overturned. Any modification of an action shall be noted and documented in the administrator’s file.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 5 - Enforcement › Section 1416.68.

1416.68. (a)  It is the responsibility of the nursing home administrator as the managing officer of the facility to plan, organize, direct, and control the day-to-day functions of a facility and to maintain the facility’s compliance with applicable laws, rules, and regulations.
(b)  The administrator shall be vested with adequate authority to comply with the laws, rules, and regulations relating to the management of the facility.
(c)  No licensee shall be cited for any violation caused by any person licensed pursuant to the Medical Practice Act (Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code) if the person is independent of, and not connected with, the facility and the licensee shows that he or she has exercised reasonable care and diligence in notifying these persons of their duties to the patients in the nursing facility.
(d)  The delegation of any authority by a licensee shall not diminish the responsibilities of that licensee.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 5 - Enforcement › Section 1416.69.

1416.69. (a)  Within 24 hours after the nursing home administrator acquires actual knowledge or credible information that any of the events specified in subdivision (b) has occurred, the nursing home administrator shall notify the department’s district office for licensing and certification of that knowledge or information. This notification may be in written form if it is provided by telephone facsimile or overnight mail, or by telephone with a written confirmation within five calendar days. The information provided pursuant to this subdivision may not be released to the public by the department unless its release is needed to justify an action taken by the department or it otherwise becomes a matter of public record. A violation of this section may result in a citation.
(b)  All of the following occurrences shall require notification pursuant to this section as long as the administrator has actual knowledge of the occurrence:
(1)  The licensee of a facility receives notice that a judgment lien has been levied against the facility or any of the assets of the facility or the licensee.
(2)  A financial institution refuses to honor a check or other instrument issued by the licensee to its employees for a regular payroll.
(3)  The supplies, including food items and other perishables, on hand in the facility fall below the minimum specified by any applicable statute or regulation.
(4)  The financial resources of the licensee fall below the amount needed to operate the facility for a period of at least 45 days based on the current occupancy of the facility.
(5)  The licensee fails to make timely payment of any premiums required to maintain required insurance policies or bonds in effect, or any tax lien levied by any government agency.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 5 - Enforcement › Section 1416.72.

1416.72. (a)  The program may issue a citation to any person who holds a license from the program and who violates any statute or regulation governing licensed nursing home administrators.
(b)  Any licensee served with a citation may contest the citation by appeal to the program within 30 days of service of the citation. Appeals shall be conducted pursuant to Section 100171.
(c)  In addition to requesting a hearing before an administrative law judge, the licensee may, within 10 days after service of the citation, notify the department in writing of his or her request for an informal conference with the department regarding the violations cited in the citation. At the time of requesting an informal conference, the licensee shall inform the department whether he or she shall be represented at the informal conference by legal counsel. Failure to notify the department of legal representation shall not result in forfeiture of the right to have legal counsel present. Unless the request for an informal hearing is made within the 10-day period, the licensee’s right to an informal hearing is deemed waived.
(d)  The department shall hold an informal conference with the licensee and, if applicable, his or her legal counsel or authorized representatives. At the conclusion of the informal conference the department may affirm, modify, or dismiss the citation, including any administrative fine levied, or order of abatement issued.
(e)  The licensee does not waive his or her request for a hearing to contest a citation by requesting an informal conference. If the citation is dismissed after the informal conference, the request for a hearing on the matter of the citation shall be deemed to be withdrawn. If the citation, including any administrative fine levied or order of abatement, is modified or affirmed, the citation shall be upheld and the licensee shall, within 15 working days from the date the citation review conference decision was rendered, notify the director or the director’s designee that he or she wishes to appeal the decision through the procedures set forth in Section 100171.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 5 - Enforcement › Section 1416.74.

1416.74. (a)  The time allowed for abatement of violation shall begin the first day after the order of abatement has been served or received. If a licensee who has been issued an order of abatement is unable to complete the correction within the time set forth in the citation because of conditions beyond his or her control after the exercise of reasonable diligence, the licensee may request from the program an extension of time in which to complete the correction. The request shall be in writing and made within the time set for abatement.
(b)  An order of abatement shall either be personally served upon the licensee or mailed by certified mail, return receipt requested.
(c)  When an order of abatement is not contested, or if the order is appealed and the licensee does not prevail, failure to abate the violation cited within the time specified in the citation shall constitute a violation and failure to comply with the order of abatement. Where a licensee has failed to correct a violation within the time specified in the citation the department shall assess the licensee a civil penalty in the amount of fifty dollars ($50) for each day that the violation continues beyond the date specified in the citation. If the licensee disputes a determination by the department regarding alleged failure to correct a violation or regarding the reasonableness of the proposed deadline for correction, the licensee may request an informal conference to contest the determination.
(d)  Any unpaid administrative fine shall begin accruing a 7-percent interest penalty on the unpaid balance due. This interest shall continue to accrue until the administrative fine and interest are paid in full.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 5 - Enforcement › Section 1416.75.

1416.75. The program may deny, or may suspend or revoke, a license upon any of the following grounds:
(a)  Gross negligence.
(b)  Incompetence.
(c)  The conviction of any crime involving dishonesty or which is substantially related to the qualifications, functions, or duties of a nursing home administrator. A conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section.
(d)  Using fraud or deception in applying for a license or in taking the examination provided for in this chapter.
(e)  Treating or attempting to treat any physical or mental condition without being currently licensed to do so.
(f)  Violating Section 650 of the Business and Professions Code, any provision of this chapter, or any rule or regulation of the program adopted pursuant to this chapter.
(g)  Lack of any qualification requirement for the license.
(h)  Failure to report under Section 1416.60 to the program, without just cause.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 5 - Enforcement › Section 1416.76.

1416.76. (a)  The program may deny a nursing home administrator applicant or licensee, a license, based on one of the following grounds:
(1)  Conviction of a crime. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. The program may take action following the establishment of a conviction after the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code.
(2)  Commits any act involving dishonesty, fraud, or deceit with the intent to substantially benefit himself or herself or another, or substantially injure another.
(3)  Commits any act which, if done by a licentiate, would be grounds for suspension or revocation of license. The program may deny a license pursuant to this subdivision only if the crime or act is substantially related to the qualifications, functions, or duties of a nursing home administrator.
(b)  Notwithstanding any other provision of this chapter, no person shall be denied a license solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under Section 4852.01 of the Penal Code, or that he or she has been convicted of a misdemeanor and has met all applicable requirements of the criteria of rehabilitation developed by the program pursuant to subdivision (f).
(c)  The program may deny a nursing home administrator license on the ground that the applicant knowingly made a false statement of fact required to be revealed in the application for the license.
(d)  The program may suspend or revoke a license on the ground that the applicant or licensee has been convicted of a crime, as defined in paragraph (1) of subdivision (a), if the crime is substantially related to the qualifications, functions, or duties of a nursing home administrator.
(e)  The program shall develop criteria to use to determine whether a crime or act is substantially related to the qualifications, functions, or duties of a nursing home administrator, and shall use the criteria when considering the denial, suspension, or revocation of a license.
(f)  The program shall develop criteria to be used by the program to evaluate the rehabilitation of a person when considering the denial, suspension, or revocation of a license under this section.
(g)  The program shall take into account all competent evidence of rehabilitation furnished by the applicant or licensee pursuant to the evaluation process set forth in subdivision (f).
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 5 - Enforcement › Section 1416.77.

1416.77. The program may deny, or may suspend or revoke, a nursing home administrator license or participation in specific training program areas under this chapter upon any of the following grounds:
(a)  Misappropriation of funds or property of the facility, the patients, or of others.
(b)  Using fraud, deception, or misrepresentation in applying for the AIT Program, the examination for licensure, or any other program functions provided for in this chapter.
(c)  Procuring a nursing home license by fraud, deception, or misrepresentation.
(d)  Impersonating any applicant or acting as a proxy for an applicant in an examination.
(e)  Impersonating any licensed nursing home administrator.
(f)  Treating or attempting to treat any physical or mental condition without having a valid license to do so.
(g)  Violating Section 650 of the Business and Professions Code, any provisions of this chapter, or any rule or regulation of the program adopted pursuant to this chapter.
(h)  Lack of any qualification requirement for a license, participation in the AIT Program or preceptor program.
(i)  A pattern of failure to report changes under Section 1416.60 to the program without just cause.
(j)  Failure to comply with this chapter or the laws, rules, and regulations relating to health facilities.
(k)  The commission of any dishonest, corrupt, or fraudulent act or any act of physical or mental, including sexual, abuse of any person in connection with the administration of, or any patient in, a nursing home.
( l)  Violation by the licensee of any of the provisions of this chapter or of the rules and regulations promulgated under this chapter.
(m)  Aiding, abetting, or conspiring with another person to violate provisions of this chapter or of the rules and regulations promulgated under this chapter.
(n)  Violation of the examination security agreement.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 5 - Enforcement › Section 1416.78.

1416.78. (a)  The program may place a nursing home administrator license on probation in lieu of formal action to suspend or revoke the license if the department determines that probation is the appropriate action. Upon successful completion of the probation period, the license shall be restored to regular status.
(b)  The probationary license shall be based upon an agreement entered into between the licensee and the program that specifies terms and conditions of licensure during the probationary period. The terms and conditions shall be related to matters, including, but not limited to, work performance, rehabilitation, training, counseling, progress reports, and treatment programs.
(c)  The term of the probationary license shall not exceed two years. If the licensee successfully completes the term of probation, as determined by the department, no further action shall be taken upon the allegations that were the basis for the probationary license. If the licensee fails to comply with the terms and conditions of the probationary license agreement, the department may proceed with a formal action to suspend or revoke the license.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 5 - Enforcement › Section 1416.80.

1416.80. Upon the determination to deny application for licensure for grounds specified in Section 1416.77, the program shall immediately notify the applicant in writing by certified mail. A petition for an administrative hearing must be received by the program within 20 business days of receipt of notification. Upon receipt, the department shall set the matter for administrative hearing, pursuant to procedures specified in Section 100171.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 5 - Enforcement › Section 1416.82.

1416.82. (a)  Proceedings to suspend or revoke licensure for grounds specified in Section 1416.77 shall be conducted in accordance with Section 100171. In the event of conflict between this chapter and Section 100171, Section 100171 shall prevail.
(b)  (1)  The program may temporarily suspend any license prior to any hearing if the action is necessary to protect the public welfare. The program shall notify the licensee of the temporary suspension and the effective date. Upon receipt of a notice of defense by the licensee, the department shall set the matter within 15 days. The administrative hearing conducted in accordance with Section 100171 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, the temporary suspension shall be deemed vacated if the department fails to make a final determination on the merits of the action within 60 days after the original hearing has been completed. If the provisions of this chapter or the rules or regulations promulgated by the director are violated by a licensee, the director may suspend the license for the violation.
(2)  If the program determines that the temporary suspension shall become an actual suspension, the department shall specify the period of the suspension, not to exceed two years. The program may determine that the suspension shall be stayed, and place the licensee on probation for a period that shall not exceed two years.
(c)  The program may suspend or revoke a license prior to any hearing when immediate action is necessary in the judgment of the director to protect the public welfare. Proceedings for immediate revocation shall be conducted in accordance with Section 100171. The department shall set the matter for hearing within 15 days and hold the administrative hearing as soon as possible but not later than 30 calendar days from receipt of the request for a hearing. A written hearing decision upholding or setting aside the action shall be sent by certified mail to the licenseholder within 30 calendar days of the hearing.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 5 - Enforcement › Section 1416.84.

1416.84. Whenever any person has engaged, or is about to engage, in any acts or practices that constitute, or will constitute, a violation of this chapter, the superior court in and for the county in which those acts or practices take place, or are about to take place, may issue an injunction or other appropriate order, restraining the conduct, on application of the program, to the Attorney General, or the district attorney.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.35 - Nursing Home Administrator Program › ARTICLE 5 - Enforcement › Section 1416.86.

1416.86. If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
(Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.4 - Quality of Long-Term Health Facilities › Section 1417.1.

1417.1. It is the intent of the Legislature in enacting this chapter to establish (1) a citation system for the imposition of prompt and effective civil sanctions against long-term health care facilities in violation of the laws and regulations of this state, and the federal laws and regulations as applicable to nursing facilities as defined in subdivision (k) of Section 1250, relating to patient care; (2) an inspection and reporting system to ensure that long-term health care facilities are in compliance with state statutes and regulations pertaining to patient care; and (3) a provisional licensing mechanism to ensure that full-term licenses are issued only to those long-term health care facilities that meet state standards relating to patient care.
(Amended by Stats. 1992, Ch. 1163, Sec. 2. Effective January 1, 1993. Amendatory changes are conditionally inoperative as prescribed by Sec. 8 of Ch. 1163.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 2.4 - Quality of Long-Term Health Facilities › Section 1417.15.

1417.15. (a)  (1)  If one or more of the following remedies is actually imposed for violation of state or federal requirements, the long-term health care facility shall post a notice of the imposed remedy or remedies, in the form specified in subdivision (c), on all doors providing ingress to or egress from the facility, except as specified in paragraph (2):
(A)  License suspension.
(B)  Termination of certification for Medicare or Medi-Cal.
(C)  Denial of payment by Medicare or Medi-Cal for all otherwise eligible residents.
(D)  Denial of payment by Medicare or Medi-Cal for otherwise eligible incoming residents.
(E)  Ban on admission of any type.
(2)  For purposes of this subdivision, a distinct part nursing facility shall only be required to post the notice on all main doors providing ingress to or egress from the distinct part, and not on all of the doors providing ingress to or egress from the facility. An intermediate care facility/developmentally disabled habilitative and an intermediate care facility/developmentally disabled-nursing shall post this notice on the inside of all doors providing ingress to or egress from the facility.
(b)  A violation of the requirement of subdivision (a) shall be issued and enforced in the manner of a class “B” violation.
(c)  The form of the notice established pursuant to subdivision (a) shall be entitled “Notice of Violation Remedies.” Each notice shall list the remedy or remedies imposed, as set forth in subdivision (a), and shall include the date the remedy was imposed. The notice shall be typeset on white bond paper, 8
1
/
2
x 11 inches in size, in boldface black type in a 16-point sans serif type font. A facility may remove the notice on or after the date on which the sanction is lifted.
(Amended by Stats. 2001, Ch. 685, Sec. 11. Effective January 1, 2002.)