reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.9 - Firearms, Ammunition, and Deadly Weapons › Section 1567.92.

1567.92. A licensee that permits clients to possess firearms on the facility premises shall do all of the following:
(a) Accept and centrally store a client’s firearm, ammunition, or both.
(b) Retain and centrally store a licensee’s firearm, ammunition, or both.
(c) Clients’ 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. 1. (SB 172) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.9 - Firearms, Ammunition, and Deadly Weapons › Section 1567.93.

1567.93. (a) A licensee shall not accept, retain, or store any deadly weapon, as defined in Section 1567.91, of a client or licensee.
(b) A licensee shall not accept, retain, or store any of the following firearms owned or possessed by a client 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. 1. (SB 172) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3 - California Community Care Facilities Act › ARTICLE 9.9 - Firearms, Ammunition, and Deadly Weapons › Section 1567.94.

1567.94. The acceptance or storage of a client’s firearm by a licensee at a facility in accordance with this article, or the retention and storage of a client’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. 1. (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 1 - General Provisions › Section 1568.01.

1568.01. For purposes of this chapter, the following definitions shall apply:
(a) “Activities of daily living” means housework, meals, laundry, taking medication, money management, appropriate transportation, correspondence, telephoning, dressing, feeding, toileting, bathing, grooming, mobility, and related tasks.
(b) “Care and supervision” means ongoing assistance with activities of daily living without which a resident’s physical health, mental health, safety, or welfare would be endangered.
(c) “Chronic, life-threatening illness” means HIV disease or AIDS.
(d) “Department” means the State Department of Social Services.
(e) “Director” means the Director of Social Services.
(f) “Family dwelling” includes, but is not limited to, single-family dwellings, units in multifamily dwellings, including units in duplexes and units in apartment dwellings, mobilehomes, including mobilehomes located in mobilehome parks, units in cooperatives, units in condominiums, units in townhouses, and units in planned unit developments.
(g) “Family unit” means at least one parent or guardian and one or more of that parent or guardian’s children. For purposes of this chapter, each family unit shall include at least one adult with HIV disease or AIDS, at least one child with HIV or AIDS, or both.
(h) “Fund” means the Residential Care Facilities for Persons with Chronic Life-Threatening Illness Fund created by subdivision (c) of Section 1568.05.
(i) “Placement agency” means any state agency, county agency, or private agency which receives public funds, in part, to identify housing options for persons with chronic, life-threatening illness and refers these persons to housing.
(j) “Residential care facility” means a residential care facility for persons with chronic, life-threatening illness who are 18 years of age or older or are emancipated minors, and for family units.
(k) “Six or fewer persons” does not include the licensee or members of the licensee’s family or persons employed as facility staff.
(l) “Terminal disease” or “terminal illness” means a medical condition resulting from a prognosis of a life expectancy of one year or less, if the disease follows its normal course.
(Amended by Stats. 2004, Ch. 121, Sec. 1. Effective January 1, 2005.)
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 1 - General Provisions › Section 1568.021.

1568.021. (a)  If the applicant for a license for a residential care facility handles or will handle any money of a resident of the facility, the applicant or licensee shall file or have on file with the department a bond issued by a surety company admitted to do business in this state in a sum to be fixed by the department based upon the magnitude of the operations of the applicant or licensee, but which sum shall not be less than one thousand dollars ($1,000), running to the State of California and conditioned upon his or her faithful and honest handling of the money of residents of the facility.
(b)  The failure of any licensee under this chapter to maintain on file with the department a bond in the amount prescribed by the department or the embezzlement by a licensee of trust funds of a resident of the facility shall constitute cause for the revocation of the license.
(c)  This section shall not apply if the licensee handles moneys of residents of the facility in amounts less than fifty dollars ($50) per person and less than five hundred dollars ($500) for all persons in any month.
(d)  The director may grant a partial or total variance from the requirements of this section if the director finds that compliance with them is so onerous that a residential care facility will cease to operate, and if the director also finds that money of the residents received or cared for in the facility has been, or will be, deposited in a bank in this state, in a trust company authorized to transact a trust business in this state, or in a savings and loan association in this state, upon condition that the money may not be withdrawn except on authorization of the person or a representative who is legally authorized to make financial decisions on behalf of the person.
(Amended by Stats. 1992, Ch. 1315, Sec. 11. Effective January 1, 1993.)
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 1 - General Provisions › Section 1568.023.

1568.023. An applicant or licensee for a residential care facility licensed pursuant to this chapter shall maintain an email address of record with the department. The applicant or licensee shall notify the department, in writing, of the email address and of any change to the email address within 10 business days of the change.
(Added by Stats. 2020, Ch. 146, Sec. 5. (AB 2377) Effective January 1, 2021.)
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 1 - General Provisions › Section 1568.04.

1568.04. Any person desiring issuance of a license for a residential care facility under this chapter shall file with the department, pursuant to regulations adopted by the department, an application. The application shall be provided on a form furnished by the department, and shall include, but not be limited to, all of the following:
(a)  Evidence satisfactory to the department of all of the following:
(1)  The ability of the applicant to comply with this chapter and of rules and regulations adopted pursuant to this chapter by the department.
(2)  The applicant has sufficient financial resources to maintain the standards of service required by regulations adopted pursuant to this chapter.
(3)  Following the department’s adoption of regulations specifying the levels of care to be provided under this chapter, the applicant’s ability to meet regulatory requirements for the level of care the facility intends to provide.
(4)  Compliance or ability to comply with Section 1568.02.
(b)  Disclosure of the applicant’s prior or present service as an administrator, general partner, corporate officer or director of, or as a person who has held or holds a beneficial ownership of 10 percent or more in, any residential care facility or in any clinic or facility licensed pursuant to Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), or Chapter 3 (commencing with Section 1500).
(c)  Disclosure of any revocation or other disciplinary action taken, or in the process of being taken, against a license held or previously held by the entities specified in subdivision (b).
(d)  Any other information as may be required by the department for the proper administration and enforcement of this chapter.
(e)  A signed statement that the person desiring issuance of a license has read this chapter and the regulations adopted pursuant to this chapter and understands the statute and regulations applicable to a residential care facility.
(Amended by Stats. 1992, Ch. 1315, Sec. 12. Effective January 1, 1993.)
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 1 - General Provisions › Section 1568.041.

1568.041. (a)  The department shall designate at least one person in each region to be responsible for all activities pertaining to license application as well as prescribed monitoring of licensees. In those regions which have a concentration of licensees, the department shall make every effort to identify at least one person in each district office whose sole responsibility will be for facilities licensed pursuant to this chapter.
(b)  The department shall ensure that those personnel identified in subdivision (a) receive periodic training regarding the most recent developments in the HIV epidemic and the care and supervision of people with HIV disease.
(Added by Stats. 1993, Ch. 1215, Sec. 4. Effective January 1, 1994.)
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 1 - General Provisions › Section 1568.042.

1568.042. (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, an executive director, or an officer who is not eligible for licensure pursuant to subdivision (f) of Section 1568.065 and Section 1568.093.
(c)  The department may revoke the license of any corporate licensee that has a member of the board of directors, an executive director, or an officer who is not eligible for licensure pursuant to subdivision (f) of Section 1568.065 and Section 1568.093.
(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. 31. Effective August 19, 1998.)
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 1 - General Provisions › Section 1568.043.

1568.043. A residential care facility for persons with chronic, life-threatening illness shall have one or more carbon monoxide detectors in the facility that meet the standards established on Chapter 8 (commencing with Section 13260) of Part 2 of Division 12. The department shall account for the presence of these detectors during inspections.
(Added by Stats. 2014, Ch. 503, Sec. 2. (AB 2386) Effective January 1, 2015.)
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 1 - General Provisions › Section 1568.06.

1568.06. (a)  Upon initial application for licensure, residential care facilities shall be provided a printed copy of all applicable regulations for the operation of these facilities by the department, without charge. The department shall provide all licensees with copies of proposed changes in regulations applicable to residential care facilities prior to public hearings on those proposed changes, and copies of all adopted changes in regulations applicable to residential care facilities immediately upon their adoption.
(b)  As a requirement for licensure, an applicant shall attend an orientation given by the department which outlines the applicable rules and regulations and the scope and responsibility for operation of a residential care facility. The orientation shall include information on relevant community services.
(Amended by Stats. 1993, Ch. 1215, Sec. 5. Effective January 1, 1994.)
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 1 - General Provisions › Section 1568.061.

1568.061. A license shall be forfeited by operation of law prior to its expiration date when any of the following occurs:
(a)  The licensee sells or otherwise transfers the facility or the real property on which the facility is located, except when change of ownership applies to transferring of stock when the facility is owned by a corporation and when the transfer of stock does not constitute a majority change in ownership.
(b)  The licensee surrenders the license to the department.
(c)  The licensee moves a facility from one location to another. The department shall develop regulations to ensure that a licensee is not charged a full licensing fee and is not required to complete the entire application process when applying for a license for the new location.
(d)  The licensee is convicted of an offense specified in Section 220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section 273d, 288, or 289 of the Penal Code, or is convicted of another crime specified in subdivision (c) of Section 667.5 of the Penal Code.
(e)  The licensee dies. When a licensee dies, the continued operation shall be subject to the requirements of Section 1568.064.
(Amended by Stats. 1992, Ch. 1315, Sec. 14. Effective January 1, 1993.)
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 1 - General Provisions › Section 1568.062.

1568.062. (a)  Upon the filing of the application for issuance of a license and substantial compliance with this chapter and the rules and regulations of the department adopted pursuant to this chapter, the director shall issue to the applicant the license to operate a residential care facility. If the director finds that the applicant is not in compliance with this chapter or the regulations adopted pursuant to this chapter, the director shall deny the applicant a license.
(b)  The director may issue provisional licenses to operate residential care facilities for any facility which the director determines is in substantial compliance with this chapter and the rules and regulations adopted pursuant to this chapter, provided that no life safety risks are involved, as determined by the director. In determining whether any life safety risks are involved, the director shall require completion of all applicable fire clearances and criminal record clearances as otherwise required by the department’s rules and regulations. A provisional license issued pursuant to this subdivision shall expire six months from the date of issuance, or at an earlier time as the director may determine, and may not be renewed. However, the director may extend the term of a provisional license for an additional six months at the time of application, if it is determined that more than six months will be required to achieve full compliance with licensing standards due to circumstances beyond the control of the applicant, and if all other requirements for a license have been met.
(Amended by Stats. 1992, Ch. 1315, Sec. 15. Effective January 1, 1993.)
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 1 - General Provisions › Section 1568.063.

1568.063. Immediately upon the denial of any application for a license, the department shall notify the applicant in writing. Within 15 days after the department mails the notice of denial, the applicant may present his or her written petition for a hearing to the department. Upon receipt by the department of the petition in proper form, the petition shall be set for hearing.
(Amended by Stats. 1991, Ch. 832, Sec. 7.)
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 1 - General Provisions › Section 1568.064.

1568.064. (a)  When a licensee dies, an adult relative who has control of the property may continue operation of the facility if the following conditions are met:
(1)  The department receives notification of the death during the next normal workday and is informed of the relative’s intent to continue operating the facility as a residential care facility for persons with chronic, life-threatening illnesses.
(2)  The relative files application, within five days of the date of death, shows evidence satisfactory to the department that he or she has the ability to operate the facility, submits his or her fingerprint card, and provides evidence of the licensee’s death.
(b)  The department shall make a decision within 60 days after the application is submitted on whether to issue a provisional license pursuant to Section 1568.062. A provisional license shall be granted only if the department is satisfied that the conditions specified in subdivision (a) have been met and that the health and safety of the residents of the facility will not be jeopardized.
(c)  If the relative complies with subdivision (a), he or she shall not be considered to be operating an unlicensed facility while the department decides whether to grant the provisional license.
(Added by Stats. 1990, Ch. 1333, Sec. 1.5.)
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 1 - General Provisions › Section 1568.0651.

1568.0651. (a)  The administrative law judge conducting a hearing under this article may permit the testimony of a child witness, or a similarly vulnerable witness, including a witness who is developmentally disabled, to be taken outside the presence of the respondent or respondents if all of the following conditions exist:
(1)  The administrative law judge determines that taking the witness’s testimony outside the presence of the respondent or respondents is necessary to ensure truthful testimony.
(2)  The witness is likely to be intimidated by the presence of the respondent or respondents.
(3)  The witness is afraid to testify in front of the respondent or respondents.
(b)  If the testimony of the witness is taken outside of the presence of the respondent or respondents, the department shall provide for the use of one-way closed-circuit television so the respondent or respondents can observe the testimony of the witness. Nothing in this section shall limit a respondent’s right of cross-examination.
(c)  The administrative law judge conducting a hearing under this section may clear the hearing room of any persons who are not a party to the action in order to protect any witness from intimidation or other harm, taking into account the rights of all persons.
(Added by Stats. 1994, Ch. 1267, Sec. 4. Effective January 1, 1995.)
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 1 - General Provisions › Section 1568.0652.

1568.0652. (a)  (1)  An out-of-court statement made by a minor under 12 years of age who is the subject or victim of an allegation at issue is admissible evidence at an administrative hearing conducted pursuant to this article. The out-of-court statement may be used to support a finding of fact unless an objection is timely made and the objecting party establishes that the statement is unreliable because it was the product of fraud, deceit, or undue influence. However, the out-of-court statement may not be the sole basis for the finding of fact, unless the adjudicator finds that the time, content, and circumstances of the statement provide sufficient indicia of reliability.
(2)  The proponent of the statement shall give reasonable notice to all parties of the intended introduction of the statement at the hearing.
(3)  For purposes of this subdivision, an objection is timely if it identifies with reasonable specificity the disputed out-of-court statement and it gives the proponent of the evidence a reasonable period of time to prepare a response to the objection prior to the hearing.
(b)  This section shall not be construed to limit the right of any party to the administrative hearing to subpoena a witness whose statement is admitted as evidence or to introduce admissible evidence relevant to the weight of the hearsay evidence or the credibility of the hearsay declarant.
(Added by Stats. 2002, Ch. 707, Sec. 2. Effective January 1, 2003.)
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 1 - General Provisions › Section 1568.067.

1568.067. (a)  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.
(b)  (1)  Each residential care facility licensed under this chapter shall reveal its license number in all advertisements, publications, or announcements made with the intent to attract clients or residents.
(2)  Advertisements, publications, or announcements subject to the requirements of paragraph (1) shall include, but not be limited to, those contained in a newspaper or magazine, consumer report, announcement of intent to commence business, telephone directory yellow pages, professional or service directory, or radio or television commercial.
(Added by Stats. 1991, Ch. 832, Sec. 10.)
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 1 - General Provisions › Section 1568.068.

1568.068. (a)  Notwithstanding Section 1568.061, in the event of a sale of a licensed residential care for persons with chronic, life-threatening illness facility where the sale will result in a new license being issued, the sale and transfer of property and business shall be subject to both of the following:
(1)  The licensee shall provide written notice to the department and to each resident or his or her legal representative of the licensee’s intent to sell the facility at least 60 days prior to the transfer of property or business, or at the time that a bona fide offer is made, whichever period is longer.
(2)  The licensee shall, prior to entering into an admission agreement, inform all residents, or their legal representatives, admitted to the facility after notification to the department, of the licensee’s intent to sell the property or business.
(b)  Except as provided in subdivision (e), the property and business shall not be transferred until the buyer qualifies for a license or provisional license pursuant to this chapter.
(1)  The seller shall notify, in writing, a prospective buyer of the necessity to obtain a license, as required by this chapter, if the buyer’s intent is to continue operating the facility as a residential care facility for the chronically ill. The seller shall send a copy of this written notice to the licensing agency.
(2)  The prospective buyer shall submit an application for a license, as specified in Section 1568.04, within five days of the acceptance of the offer by the seller.
(c)  No transfer of the property or business shall be permitted until 60 days have elapsed from the date when notice has been provided to the department pursuant to paragraph (1) of subdivision (a).
(d)  The department shall give priority to applications for licensure that are submitted pursuant to this section in order to ensure timely transfer of the property and business. The department shall make a decision within 60 days after a complete application is submitted on whether to issue a license pursuant to Section 1568.04.
(e)  If the parties involved in the transfer of the property and business fully comply with this section, then the transfer may be completed and the buyer shall not be considered to be operating an unlicensed facility while the department makes a final determination on the application for licensure.
(Added by Stats. 1992, Ch. 873, Sec. 2. Effective January 1, 1993.)
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 1 - General Provisions › Section 1568.071.

1568.071. (a)  Any person may request an inspection of any residential care facility in accordance with this chapter by transmitting to the department notice of an alleged violation of applicable requirements prescribed by statutes or regulations of this state.
(b)  The substance of the complaint shall be provided to the licensee no earlier than at the time of the inspection. Unless the complainant specifically requests otherwise, neither the substance of the complaint provided the licensee nor any copy of the complaint or any record published, released, or otherwise made available to the licensee shall disclose the name of any person mentioned in the complaint except the name of any duly authorized officer, employee, or agent of the department conducting the investigation or inspection pursuant to this chapter.
(c)  Upon receipt of a complaint, other than a complaint alleging denial of a statutory right of access to a residential care facility, 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 any reasonable basis, it shall make an onsite inspection within 10 days after receiving the complaint except where the visit would adversely affect the licensing investigation or the investigation of other agencies, including, but not limited to, law enforcement agencies. In either event, the complainant shall be promptly informed of the department’s proposed course of action.
(d)  Upon receipt of a complaint alleging denial of a statutory right of access to a residential facility, the department shall review the complaint. The complainant shall be notified promptly of the department’s proposed course of action.
(Added by Stats. 1990, Ch. 1333, Sec. 1.5.)
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 1 - General Provisions › Section 1568.0715.

1568.0715. (a) The department shall ensure that the licensee’s plan of correction is verifiable and measurable. The plan of correction shall specify what evidence is acceptable to establish that a deficiency has been corrected. This evidence shall be included in the department’s facility file.
(b) The department shall specify in its licensing report all violations that, if not corrected, will have a direct and immediate risk to the health, safety, or personal rights of residents in care.
(c) The department shall complete all complaint investigations and place a note of final conclusion in the department’s facility file, regardless of whether the licensee voluntarily surrendered the license.
(Added by Stats. 2008, Ch. 291, Sec. 10. Effective September 25, 2008.)
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 1 - General Provisions › Section 1568.072.

1568.072. (a)  The department shall adopt, amend, and repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any reasonable rules, regulations, and standards as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with state law.
(b)  Regulations for a license shall prescribe standards of safety and sanitation, for the physical plant, as well as for the basic care and supervision, personal care, and services to be provided by a facility.
(c)  Regulations shall specify the application and licensing process, the range of services, alternative methods for providing those services, the appraisal and assessment process, and facility staffing and training requirements.
(d)  Regulations shall allow for the development of new and innovative community programs.
(Amended by Stats. 1991, Ch. 832, Sec. 12.)
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 1 - General Provisions › Section 1568.074.

1568.074. (a) A licensee of a facility that has internet service shall provide at least one internet access device, such as a computer, smart phone, tablet, or other device, that can support real-time interactive applications, is equipped with videoconferencing technology, including microphone and camera functions, and is dedicated for client use.
(b) A licensee shall ensure the following requirements are met in providing any internet access device for client use:
(1) The device shall be available in a manner that allows a client to access it for discussion of personal or confidential information with a reasonable level of personal privacy.
(2) The device shall be made available to clients in a manner that permits shared access among all clients in the facility during reasonable hours.
(Added by Stats. 2021, Ch. 469, Sec. 2. (AB 665) Effective January 1, 2022.)
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 1 - General Provisions › Section 1568.075.

1568.075. On and after January 1, 1999, no security window bars may be installed or maintained on any residential care facility unless the security window bars meet current state and local requirements, as applicable, for security window bars and safety release devices.
(Added by Stats. 1998, Ch. 343, Sec. 2. Effective January 1, 1999.)
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 1 - General Provisions › Section 1568.08.

1568.08. Each facility required to be licensed under this chapter shall keep a current record of all of the following:
(a)   Residents in the facility, including each resident’s name and ambulatory status.
(b)  The name and telephone number of each resident’s physician and surgeon.
(c)  The name, address, and telephone number of any person or agency responsible for the care of a resident.
(d)  Updated resident file records, including, but not limited to, the current physician and surgeon report, residential appraisal, level of services required and documentation of any health related services provided to residents.
The facility shall respect the privacy and confidentiality of this information.
(Added by Stats. 1990, Ch. 1333, Sec. 1.5.)
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 1 - General Provisions › Section 1568.081.

1568.081. (a)  A placement agency shall place individuals only in licensed residential care facilities or facilities which are exempt from licensure under subdivision (c) of Section 1568.03.
(b)  No employee of a placement agency shall place, refer, or recommend placement of a person in a facility operating without a license, unless the facility is exempt from licensure under subdivision (c) of Section 1568.03. Violation of this subdivision is a misdemeanor.
(c)  Any employee of a placement agency who knows, or reasonably suspects that a facility, which is not exempt from licensure under this chapter, is operating without a license shall report the name and address of the facility to the department. Failure to report as required by this subdivision is a misdemeanor.
(d)  The department shall investigate any report filed under subdivision (c). If the department has probable cause to believe that the facility which is the subject of the report is operating without a license, the department shall investigate the facility within 10 days after receipt of the report.
(e)  A placement agency shall notify the department of any known or suspected incidents which would jeopardize the health or safety of residents in a residential care facility. Reportable incidents include, but are not limited to, all of the following:
(1)  Incidents of physical abuse.
(2)  Any violation of personal rights.
(3)  Any situation in which a facility is unclean, unsafe, unsanitary, or in poor condition.
(4)  Any situation in which a facility has insufficient personnel or incompetent personnel on duty.
(5)  Any situation in which residents experience mental or verbal abuse.
(6)  Any situation in which a facility is suspected of accepting or retaining residents who require a higher level of care than the facility is authorized to provide.
(Added by Stats. 1990, Ch. 1333, Sec. 1.5.)
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 1 - General Provisions › Section 1568.082.

1568.082. (a)  The department may suspend or revoke any license issued under this chapter upon any of the following grounds and in the manner provided in this chapter:
(1)  Violation by the licensee of this chapter or of the rules and regulations adopted pursuant to this chapter.
(2)  Aiding, abetting, or permitting the violation of this chapter or of the rules and regulations adopted pursuant to this chapter.
(3)  Conduct which is inimical to the health, welfare, or safety of either an individual in or receiving services from the facility or the people of the State of California.
(4)  The provision of services beyond the level the facility is authorized to provide, or accepting or retaining residents who require services of a higher level than the facility is authorized to provide.
(5)  Engaging in acts of financial malfeasance concerning the operation of a facility, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services.
(b)  The director may temporarily suspend any license, prior to any hearing when, in the opinion of the director, the action is necessary to protect residents of the facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The director shall notify the licensee of the temporary suspension and the effective date of the temporary suspension, and at the same time shall serve the provider with an accusation. Upon receipt of a notice of defense to the accusation by the licensee, the director shall, within 15 days, set the matter for hearing, and 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 time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after the original hearing has been completed.
(c)  In any case where the department orders the licensee to remove a resident who has a health condition or health conditions which cannot be cared for within the limits of the license or special permit or requires inpatient care in a health facility licensed pursuant to Chapter 2 (commencing with Section 1250), the licensee shall do all of the following:
(1)  Prepare and submit to the department a written plan for relocation of the client or resident, in a form acceptable to the department.
(2)  Comply with all terms and conditions of the approved relocation plan.
(3)  Provide any other information as may be required by the department for the proper administration and enforcement of this section.
(Amended by Stats. 1998, Ch. 311, Sec. 32. Effective August 19, 1998.)
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 1 - General Provisions › Section 1568.0821.

1568.0821. (a)  Notwithstanding any other provision of this chapter, any person who violates Section 1568.03 shall be assessed by the department an immediate civil penalty in the amount of one hundred dollars ($100) per resident for each day of the violation.
(b)  The civil penalty authorized in subdivision (a) shall be two hundred dollars ($200) per resident for each day of the violation if an unlicensed facility is operated and the operator refuses to seek licensure or the operator seeks licensure and the license application is denied and the operator continues to operate the unlicensed facility.
(c)  An operator may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal procedure.
(Amended by Stats. 2000, Ch. 819, Sec. 4. Effective January 1, 2001.)
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 1 - General Provisions › Section 1568.0823.

1568.0823. (a) Any person who violates this chapter, or who willfully or repeatedly violates any rule or regulation adopted under this chapter, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in the county jail for a period not to exceed 180 days, or by both fine and imprisonment.
(b) Operation of a residential care facility without a license shall be subject to a summons to appear in court.
(c) Notwithstanding any other provision of this chapter, the district attorney of every county, and the city attorneys in those cities which have city attorneys who have jurisdiction to prosecute misdemeanors pursuant to Section 72193 of the Government Code, shall, upon their own initiative or upon application by the department or its authorized representative, institute and conduct the prosecution of any action for violation within his or her county of this chapter.
(Amended (as added by Stats. 1991, Ch. 832) by Stats. 2002, Ch. 784, Sec. 514. Effective January 1, 2003.)
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 1 - General Provisions › Section 1568.0824.

1568.0824. A person who, without lawful authorization from a duly authorized officer, employee, or agent of the department, informs an owner, operator, employee, agent, or resident of a residential care facility for persons with a chronic, life-threatening illness of an impending and unannounced site visit to that facility by personnel of the department, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000), by imprisonment in the county jail for a period not to exceed 180 days, or by both a fine and imprisonment.
(Added by renumbering Section 1568.0823 (as added by Stats. 1991, Ch. 888, Sec. 3) by Stats. 2015, Ch. 303, Sec. 279. (AB 731) Effective January 1, 2016.)
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 1 - General Provisions › Section 1568.0825.

1568.0825. (a) The department shall conduct an unannounced visit to a facility within 30 days after the effective date of a temporary suspension of a license in order to ensure that the facility is nonoperational, unless the department previously has verified that the facility is nonoperational.
(b) The department shall conduct an unannounced visit to a facility within 30 days after the effective date of a revocation of a license in order to ensure that the facility is nonoperational, unless the department previously has verified that the facility is nonoperational.
(Added by Stats. 2008, Ch. 291, Sec. 12. Effective September 25, 2008.)
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 1 - General Provisions › Section 1568.083.

1568.083. (a)  The department, State Fire Marshal, or local fire officials shall not make a de facto determination of a resident’s ambulatory or nonambulatory status based on a resident’s placement in the facility. Interpretation of regulations related to fire safety in residential care facilities shall be made to provide flexibility to allow residents to remain in the least restrictive environment.
(b)  This chapter shall not preempt the application of any local zoning requirements to residential care facility, except as provided for in Section 1568.0831.
(Added by Stats. 1990, Ch. 1333, Sec. 1.5.)
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 1 - General Provisions › Section 1568.094.

1568.094. The department shall conduct an unannounced visit to a facility within 30 days after the department serves an order of immediate exclusion from the facility upon the licensee or a person subject to immediate removal or exclusion from the facility pursuant to paragraph (4) of subdivision (c) of Section 1568.09 and subdivision (c) of Section 1568.092 in order to ensure that the excluded person is not within the facility, unless the department previously has verified that the excluded person is not within the facility.
(Added by Stats. 2008, Ch. 291, Sec. 13. Effective September 25, 2008.)
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 1568.095.

1568.095. (a) This article does not require a facility to accept, store, or retain firearms or ammunition.
(b) The department shall promulgate regulations to implement this article.
(c) Until regulations are adopted, the department may implement and administer the provisions of this article through the issuance of written directives that 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. 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 1568.096.

1568.096. As used in this article, the following terms have the following meanings:
(a) “Firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion, including the frame or receiver of the device.
(b) “Ammunition” means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. “Ammunition” does not include blanks.
(c) “Antique firearm” has the same meaning as set forth, and has the same meaning as, in Section 921(a)(16) of Title 18 of the United States Code.
(d) “Deadly weapon” means any of the following:
(1) Any weapon, the possession or concealed carrying of which is prohibited by Section 16590 of the Penal Code.
(2) A destructive device, as defined in Section 16460 of the Penal Code.
(e) “Facility” means a residential care facility for persons with chronic life-threatening illness licensed by the State Department of Social Services, Community Care Licensing Division.
(Added by Stats. 2019, Ch. 840, Sec. 3. (SB 172) Effective January 1, 2020.)