reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.19.

1569.19. A license shall be forfeited by operation of law prior to its expiration date when one of the following occurs:
(a) The licensee sells or otherwise transfers the facility or facility property, 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. The sale of a facility shall be subject to the requirements of this chapter.
(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 the facilities are not charged a full licensing fee and do not have 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 1569.193.
(f) The licensee abandons the facility. A licensee who abandons the facility and the residents in care resulting in an immediate and substantial threat to the health and safety of the abandoned residents, in addition to forfeiture of the license pursuant to this section, shall be excluded from licensure in facilities licensed by the department without the right to petition for reinstatement.
(Amended by Stats. 2014, Ch. 700, Sec. 1. (AB 1899) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.191.

1569.191. (a)  Notwithstanding Section 1569.19, in the event of a sale of a licensed 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 30 days prior to the transfer of the 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 within the appropriate provisions of 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 elderly. 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 1569.15, within five days of the acceptance of the offer by the seller.
(c)  No sale of the facility shall be permitted until 30 days have elapsed from the date upon which notice has been provided pursuant to paragraphs (1) and (2) 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 1569.15.
(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.
(f)  Facilities that are subject to Chapter 10 (commencing with Section 1770) of Division 2, including Section 1789.4, shall not be subject to paragraph (1) of subdivision (a), and subdivisions (c) and (d).
(Amended by Stats. 1993, Ch. 526, Sec. 2. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.193.

1569.193. (a)  When a licensee dies, an adult relative, or other nonrelated adult, who has control of the property may be designated as the responsible party to continue operation of the facility if the following conditions are met:
(1)  The licensee has filed a notarized written statement with the department designating the responsible party in the event of death, and the licensee has submitted the following information to the department:
(A)  A notarized statement, signed by the designee acknowledging acceptance of designation as responsible party.
(B)  A declaration signed by the designee under penalty of perjury regarding any prior criminal convictions.
(2)  The designee files an application for licensure pursuant to Section 1569.15 within 20 working days of the date of death, shows evidence satisfactory to the department that he or she has the ability to operate the facility, and provides evidence of the licensee’s death.
(b)  A designee under this section shall notify the department of the licensee’s death by the close of business on the department’s next business day following the licensee’s death.
(c)  (1)  If the designee decides not to apply for licensure, he or she shall notify the department of that decision within five working days of the licensee’s death. If the designee decides not to apply, the department shall assist the designee in the development and implementation of a relocation plan.
(2)  If the designee decides to apply for licensure, the department shall decide within 60 days after the application is submitted whether to issue a provisional license pursuant to Section 1569.21. 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.
(d)  If the designee complies with this section, he or she shall not be considered to be operating an unlicensed facility while the department decides whether to grant the provisional license.
(Amended by Stats. 1998, Ch. 179, Sec. 1. Effective January 1, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.194.

1569.194. (a) Every residential care facility for the elderly that is licensed or has a valid special permit therefor pursuant to Section 1569.10 shall provide a copy of the disaster and mass casualty plan required pursuant to Section 87223 of Title 22 of the California Code of Regulations to any fire department, law enforcement agency, or civil defense or other disaster authority in the area or community in which the facility is located, upon request by the fire department, law enforcement agency, or civil defense or other disaster authority. Section 1569.40 shall not apply to this section.
(b) The department is not required to monitor compliance with this section as part of its regulatory monitoring functions.
(Added by Stats. 2007, Ch. 18, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.20.

1569.20. Upon the filing of the application for issuance of an initial license, the department shall, within five working days of the filing, make a determination regarding the completeness of the application. If the application is complete, the department shall immediately request a fire clearance and notify the applicant to arrange a time for the department to conduct a prelicensure inspection. If the department determines that an application is for licensure of a currently licensed facility for which there is no material change to the management or operations of the facility, the prelicensure inspection is optional at the discretion of the department. If the application is incomplete, the department shall notify the applicant and request the necessary information. Within 60 days of making a determination that the file is complete, the department shall make a determination whether the application is in compliance with this chapter and the rules and regulations of the department and shall either immediately issue the license or notify the applicant of the deficiencies. The notice shall specify whether the deficiencies constitute denial of the application or whether further corrections for compliance will likely result in approval of the application.
(Amended by Stats. 2014, Ch. 29, Sec. 22. (SB 855) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.21.

1569.21. The director may issue provisional licenses to operate residential care facilities for the elderly for the facilities which the director determines are in substantial compliance with this chapter and the rules and regulations adopted pursuant thereto; 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. This provisional license shall expire six months from the date of issuance, or at such 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 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; provided, that all other requirements for a license have been met.
(Added by Stats. 1985, Ch. 1127, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.22.

1569.22. 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, 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. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department has all the powers granted therein.
(Added by Stats. 1985, Ch. 1127, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.235.

1569.235. As a requirement for licensure, the 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 for the elderly.
(Added by Stats. 1991, Ch. 848, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2 - Licensing › Section 1569.24.

1569.24. Within 90 days after a facility accepts its first resident for placement following its initial licensure, the department shall inspect the facility to evaluate compliance with rules and regulations and to assess the facility’s continuing ability to meet regulatory requirements. The licensee shall notify the department, within five business days after accepting its first resident for placement, that the facility has commenced operating.
The department may take appropriate remedial action as provided for in this chapter.
(Amended by Stats. 2006, Ch. 902, Sec. 11. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2.5 - Resident s Bill of Rights › Section 1569.261.

1569.261. (a) It is the intent of the Legislature in enacting this article to adopt fundamental rights for all persons residing in a residential care facility for the elderly, as defined in Section 1569.2, and to ensure that facilities respect and promote these rights.
(b) In establishing this bill of rights, the Legislature intends that persons residing in residential care facilities for the elderly be treated with dignity, kindness, and respect, and that their civil liberties be fully honored.
(c) A central purpose of the bill of rights is to strengthen a resident’s right to make choices about his or her care, treatment, and daily life in the facility and to ensure that the resident’s choices are respected. The Legislature intends to enhance each resident’s autonomy and ability to make decisions concerning his or her life.
(d) The Legislature also intends that each residential care facility for the elderly provide a safe, comfortable, and homelike environment for its residents and that it protect residents from physical or mental abuse, neglect, exploitation, or endangerment.
(Added by Stats. 2014, Ch. 702, Sec. 1. (AB 2171) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2.5 - Resident s Bill of Rights › Section 1569.265.

1569.265. (a) Rights and liberties set forth in this article do not diminish a resident’s constitutional rights or any other rights set forth in other state or federal laws and regulations. Persons residing in residential care facilities for the elderly shall continue to enjoy all of their civil and legal rights.
(b) The provisions of this article apply only to privately operated residential care facilities for the elderly.
(Added by Stats. 2014, Ch. 702, Sec. 1. (AB 2171) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2.5 - Resident s Bill of Rights › Section 1569.267.

1569.267. (a) At admission, a facility staff person shall personally advise a resident and the resident’s representative of, and give a complete written copy of, the rights in this article and the personal rights in Section 87468 of Title 22 of the California Code of Regulations. The licensee shall have each resident and the resident’s representative sign and date a copy of the resident’s rights, and the licensee shall include the signed and dated copy in the resident’s record.
(b) Licensees shall prominently post, in areas accessible to the residents and their representatives, a copy of the residents’ rights.
(c) The rights posted pursuant to subdivision (b) shall be posted both in English and in any other language in a facility in which 5 percent or more of the residents can only read that other language.
(d) The licensee shall provide initial and ongoing training for all members of its staff to ensure that residents’ rights are fully respected and implemented.
(Added by Stats. 2014, Ch. 702, Sec. 1. (AB 2171) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2.7 - Firearms, Ammunition, and Deadly Weapons › Section 1569.280.

1569.280. (a) This article shall be known, and may be cited, as the Keep Our Seniors Safe Act.
(b) This article does not require a facility to accept, store, or retain firearms or ammunition.
(c) The department shall promulgate regulations to implement this article.
(d) 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. 4. (SB 172) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2.7 - Firearms, Ammunition, and Deadly Weapons › Section 1569.281.

1569.281. 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) “Handgun” has the same meaning as set forth in Section 16640 of the Penal Code and includes the frame or receiver of the same.
(f) “Facility” means a residential care facility for the elderly licensed by the State Department of Social Services, Community Care Licensing Division.
(Added by Stats. 2019, Ch. 840, Sec. 4. (SB 172) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2.7 - Firearms, Ammunition, and Deadly Weapons › Section 1569.282.

1569.282. A licensee that permits residents to possess firearms on the facility premises shall do all of the following:
(a) Accept and centrally store a resident’s firearm, ammunition, or both.
(b) Retain and centrally store a licensee’s firearm, ammunition, or both.
(c) Residents’ 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. 4. (SB 172) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2.7 - Firearms, Ammunition, and Deadly Weapons › Section 1569.283.

1569.283. (a) A licensee shall not accept, retain, or store any deadly weapon, as defined in Section 1569.281, of a resident or licensee.
(b) A licensee shall not accept, retain, or store any of the following firearms owned or possessed by a resident or licensee:
(1) A firearm regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 of Part 6 of the Penal Code.
(2) A firearm regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code.
(3) A firearm regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 of Title 4 of Part 6 of the Penal Code.
(4) A firearm regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 of Title 4 of Part 6 of the Penal Code.
(c) The licensee shall not accept, retain, or store a firearm required to be registered with the Department of Justice pursuant to Section 29180 of the Penal Code unless it verifies it is in fact registered with the Department of Justice pursuant to Section 29180 of the Penal Code.
(d) The licensee may accept, retain, or store a firearm that is otherwise required to be registered with the Department of Justice pursuant to Section 29180 of the Penal Code but which is exempt from the registration requirements because it was entered into the centralized registry set forth in Section 11106 of the Penal Code prior to July 1, 2018, as being owned by a specific individual or entity if that firearm has assigned to it a distinguishing number or mark of identification because the department accepted entry of that firearm into the centralized registry.
(e) Commencing July 1, 2021, unless it is an antique firearm, the licensee shall not accept, retain, or store a firearm unless the owner of the firearm provides to the licensee documentation that the person is listed with the Department of Justice pursuant to Section 11106 of the Penal Code as the registered owner of that firearm.
(Added by Stats. 2019, Ch. 840, Sec. 4. (SB 172) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 2.7 - Firearms, Ammunition, and Deadly Weapons › Section 1569.284.

1569.284. The acceptance or storage of a resident’s firearm by a licensee at a facility in accordance with this article, or the retention and storage of a licensee’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. 4. (SB 172) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.30.

1569.30. (a) The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, 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 any statute of this state.
(b) The regulations governing residential facilities for the elderly under the Community Care Facilities Act (Chapter 3 (commencing with Section 1500)) shall continue to govern residential care facilities for the elderly under this act until amended or repealed.
(Amended by Stats. 2004, Ch. 183, Sec. 190. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.31.

1569.31. The regulations for a license shall prescribe standards of safety and sanitation for the physical plant and standards for basic care and supervision, personal care, and services to be provided.
The department’s regulations shall allow for the development of new and innovative community programs.
In adopting regulations which implement this chapter, the department shall provide flexibility to allow facilities conducted by and exclusively for adherents of a well-recognized church or religious denomination who rely solely on prayer or spiritual means for healing to operate a licensed residential care facility for the elderly.
(Added by Stats. 1985, Ch. 1127, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.311.

1569.311. Every residential care facility for the elderly shall have one or more carbon monoxide detectors in the facility that meet the standards established in 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. 3. (AB 2386) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.312.

1569.312. Every facility required to be licensed under this chapter shall provide at least the following basic services:
(a)  Care and supervision as defined in Section 1569.2.
(b)  Assistance with instrumental activities of daily living in the combinations which meet the needs of residents.
(c)  Helping residents gain access to appropriate supportive services, as defined, in the community.
(d)  Being aware of the resident’s general whereabouts, although the resident may travel independently in the community.
(e)  Monitoring the activities of the residents while they are under the supervision of the facility to ensure their general health, safety, and well-being.
(f)  Encouraging the residents to maintain and develop their maximum functional ability through participation in planned activities.
(Amended by Stats. 1986, Ch. 844, Sec. 4.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.313.

1569.313. Each residential care facility for the elderly shall state, on its client information form or admission agreement, and on its patient’s rights form, the facility’s policy concerning family visits and other communication with resident clients and shall promptly post notice of its visiting policy at a location in the facility that is accessible to residents and families.
The facility’s policy concerning family visits and communication shall be designed to encourage regular family involvement with the resident client and shall provide ample opportunities for family participation in activities at the facility.
(Added by Stats. 1985, Ch. 954, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.314.

1569.314. A residential care facility for the elderly shall not require residents to purchase medications, or rent or purchase medical supplies or equipment, from any particular pharmacy or other source.
This section shall not preclude a residential care facility for the elderly from requiring that residents who need assistance with the purchasing, storing, or taking of medications comply with the facility’s policies and procedures regarding storage of medications and methods of assisting residents with the taking of medications, if the policies and procedures are reasonably necessary and meet the intent of state or federal regulations.
(Amended by Stats. 1991, Ch. 888, Sec. 8.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.315.

1569.315. Each residential care facility for the elderly required to be licensed pursuant to this chapter shall keep a current record of clients in the facility, including the client’s name and ambulatory status, and the name, address, and telephone number of the client’s physician and of any person or agency responsible for the care of the client. The facility shall protect the privacy and confidentiality of this information.
(Added by Stats. 1985, Ch. 869, Sec. 4. See similar Section 1569.315 added by Stats. 1985, Ch. 1096.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.315.

1569.315. Each facility required to be licensed shall keep a current record of all of the following:
(a)  Clients in the facility, including each client’s name and ambulatory status.
(b)  The name and telephone number of each client’s physician.
(c)  The name, address, and telephone number of any person or agency responsible for the care of a client.
The facility shall respect the privacy and confidentiality of this information.
(Added by Stats. 1985, Ch. 1096, Sec. 5.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.316.

1569.316. (a)  The referring agency or facility, or its designee, shall provide to the administrator all information in its possession concerning any history of dangerous propensity of the client prior to the placement in the residential care facility for the elderly. However, no confidential client information shall be released pursuant to this section without the consent of the client or his or her authorized representative.
(b)  In determining a person’s compatibility, the licensee shall consider criteria that includes, but is not limited to, both of the following:
(1)  The extent to which the person’s personal and health care needs can be adequately met in the residential care facility for the elderly.
(2)  The existence of a past history of violence or mental illness that would create a risk for the person or other residents of that facility.
(Added by Stats. 1996, Ch. 434, Sec. 2. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.317.

1569.317. Every residential care facility for the elderly, as defined in Section 1569.2, shall, for the purpose of addressing issues that arise when a resident is missing from the facility, develop and comply with an absentee notification plan as part of the written record of the care the resident will receive in the facility, as described in Section 1569.80. The plan shall include and be limited to the following: a requirement that an administrator of the facility, or his or her designee, inform the resident’s authorized representative when that resident is missing from the facility and the circumstances in which an administrator of the facility, or his or her designee, shall notify local law enforcement when a resident is missing from the facility.
(Added by Stats. 2013, Ch. 674, Sec. 3. (AB 620) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.318.

1569.318. Every residential care facility for the elderly shall abide by the provisions of the Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights (Chapter 2.45 (commencing with Section 1439.50)).
(Added by Stats. 2017, Ch. 483, Sec. 4. (SB 219) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.319.

1569.319. (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 resident use.
(b) A licensee shall ensure the following requirements are met in providing any internet access device for resident use:
(1) The device shall be available in a manner that allows a resident 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 residents in a manner that permits shared access among all residents in the facility during reasonable hours.
(Added by Stats. 2021, Ch. 469, Sec. 3. (AB 665) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.32.

1569.32. Any duly authorized officer, employee, or agent of the department may, upon presentation of proper identification, enter and inspect any place providing personal care, supervision, and services at any time, with or without advance notice, to secure compliance with, or to prevent a violation of, this chapter.
(Added by Stats. 1985, Ch. 1127, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.331.

1569.331. The Legislature hereby finds and declares that in order to protect the health and safety of elders in care at residential care facilities for the elderly, appropriate oversight and regulation of residential care facilities for the elderly requires regular, periodic inspections of these facilities in addition to investigations in response to complaints. It is the intent of the Legislature to increase the frequency of unannounced inspections pursuant to Section 1569.33. In addition to the information that the State Department of Social Services is required to report during the 2015–16 legislative budget subcommittee hearings pursuant to Section 85 of Chapter 29 of the Statutes of 2014, the department shall also at that time report the projected costs of conducting annual inspections of residential care facilities for the elderly beginning January 1, 2018.
(Added by Stats. 2014, Ch. 704, Sec. 2. (SB 895) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.335.

1569.335. (a) The department shall provide the Office of the State Long-Term Care Ombudsman, as defined in subdivision (c) of Section 9701 of the Welfare and Institutions Code, with a precautionary notification if the department begins to prepare to issue a temporary suspension or revocation of any license, so that the office may properly prepare to provide advocacy services if and when necessary.
(b) The department shall notify affected public placement agencies and the Office of the State Long-Term Care Ombudsman whenever the department substantiates that a violation has occurred that poses a serious threat to the health and safety of any resident when the violation results in the assessment of any penalty or causes an accusation to be filed for the revocation of a license.
(c) (1) If the violation is appealed by the facility within 15 business days, the department shall only notify placement agencies of the violation when the appeal has been exhausted.
(2) If the appeal process has not been completed within 60 days, the placement agency shall be notified with a notation that indicates that the case is still under appeal.
(3) The notice to each placement agency shall be updated monthly for the following 24-month period and shall include the name and location of the facility, the amount of the fine, the nature of the violation, the corrective action taken, the status of the revocation, and the resolution of the complaint.
(Amended by Stats. 2016, Ch. 823, Sec. 6. (AB 2231) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.34.

1569.34. The director shall have the authority to contract for personal services as required in order to perform inspections of, or consultation with, residential care facilities for the elderly.
The department shall establish by December 1, 1986, within the department an interdisciplinary team of professionals to advise the department on implementation of this chapter and to be available in crisis situations to assist local licensing evaluators on the needs of elderly residents in facilities.
This team shall include at least a geriatric nurse practitioner or a public health nurse with geriatric experience and a social worker with related experience.
(Added by Stats. 1985, Ch. 1127, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.345.

1569.345. Upon request, the department shall provide the Office of the State Long-Term Care Ombudsman and any approved organizations of the office with copies of inspection reports for residential care facilities for the elderly.
(Added by Stats. 1985, Ch. 1127, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.351.

1569.351. (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. 14. Effective September 25, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.355.

1569.355. The director shall establish an automated license information system on licensees and former licensees of licensed residential care facilities for the elderly. The system shall maintain a record of any information that may be pertinent, as determined by the director, for licensure under this chapter. This information may include, but is not limited to, the licensees’ addresses, telephone numbers, violations of any laws related to the care of clients in a residential care facility for the elderly, licenses, revocation of any licenses and, to the extent permitted by federal law, social security numbers.
(Added by Stats. 1985, Ch. 1127, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.356.

1569.356. To the extent that the department’s computer system can electronically accommodate additional residential care facility for the elderly profile information, the department shall post on its Internet Web site the current name, business address, and telephone number of the licensee, the name of the owner of the residential care facility for the elderly, if not the same as the licensee, the name of any parent organization, the licensed capacity of the facility, including the capacity for nonambulatory residents, whether the facility is permitted to accept and retain residents receiving hospice care services, whether the facility has a special care unit or program for people with Alzheimer’s disease and other dementias and has a delayed egress or secured perimeter system in place, or both, and information required pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 1569.15.
(Added by Stats. 2015, Ch. 628, Sec. 4. (AB 601) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.36.

1569.36. (a)  Not less than 30 days prior to the expiration date of any residential care facility for the elderly license, the department shall transmit a copy to the state ombudsman in the Department of Aging as well as the local ombudsman, if one exists, of all notices sent to the facility by the department during the term of the current license as a result of a substantiated complaint regarding a violation of any of the provisions of this chapter relating to resident abuse and neglect, food, sanitation, incidental medical care, and residential supervision. During that one-year period the copy of the notices transmitted and the proof of the transmittal shall be open for public inspection.
(b)  The department shall provide the names and addresses of the state ombudsman in the Department of Aging and, where applicable, the local ombudsman, to each residential care facility for the elderly.
(Amended by Stats. 1989, Ch. 1115, Sec. 13.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.37.

1569.37. No licensee, or officer or employee of the licensee, shall discriminate or retaliate in any manner, including, but not limited to, eviction or threat of eviction, against any person receiving the services of the licensee’s residential care facility for the elderly, or against any employee of the licensee’s facility, on the basis, or for the reason that, the person or employee or any other person has initiated or participated in the filing of a complaint, grievance, or a request for inspection with the department pursuant to this chapter, or has initiated or participated in the filing of a complaint, grievance, or request for investigation with the appropriate local ombudsman, or with the state ombudsman recognized pursuant to Chapter 11 (commencing with Section 9700) of Division 8.5 of the Welfare and Institutions Code.
(Amended by Stats. 2013, Ch. 295, Sec. 3. (AB 581) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.371.

1569.371. (a) No licensee, or officer or employee of the licensee, shall discriminate or retaliate in any manner against any person receiving the services of the licensee’s residential care facility for the elderly, or against any employee of the licensee’s facility, on the basis, or for the reason that, the person, employee, or any other person dialed or called 911.
(b) A violation of this section is subject to civil penalty pursuant to Section 1569.49.
(c) This section shall become operative on January 1, 2016.
(Added by Stats. 2014, Ch. 705, Sec. 1. (SB 911) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 3 - Regulations › Section 1569.39.

1569.39. (a) A residential care facility for the elderly that accepts or retains residents with prohibited health conditions, as defined by the department, in Section 87615 of Title 22 of the California Code of Regulations, shall assist residents with accessing home health or hospice services, as indicated in the resident’s current appraisal, to ensure that residents receive medical care as prescribed by the resident’s physician and contained in the resident’s service plan.
(b) A residential care facility for the elderly that accepts or retains residents with restricted health conditions, as defined by the department, shall ensure that residents receive medical care as prescribed by the resident’s physician and contained in the resident’s service plan by appropriately skilled professionals acting within their scope of practice. An appropriately skilled professional may not be required when the resident is providing self-care, as defined by the department, and there is documentation in the resident’s service plan that the resident is capable of providing self-care.
(c) An “appropriately skilled professional” means, for purposes of this section, an individual who has training and is licensed to perform the necessary medical procedures prescribed by a physician. This includes, but is not limited to, a registered nurse, licensed vocational nurse, physical therapist, occupational therapist, or respiratory therapist. These professionals may include, but are not limited to, those persons employed by a home health agency, the resident, or a facility, and who are currently licensed in this state.
(d) Failure to meet or arrange to meet the needs of those residents who require health-related services as specified in the resident’s written record of care, defined pursuant to Section 1569.80, or failure to notify the physician of a resident’s illness or injury that poses a danger of death or serious bodily harm is a licensing violation and subject to civil penalty pursuant to Section 1569.49.
(e) This section shall become operative on January 1, 2016.
(Added by Stats. 2014, Ch. 705, Sec. 2. (SB 911) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 4 - Offenses › Section 1569.40.

1569.40. (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), by imprisonment in the county jail for a period not to exceed one year, or by both the fine and imprisonment.
(b)  Operation of a residential care facility for the elderly without a license shall be subject to a summons to appear in court. Unlicensed operation, establishment, management, conducting, or maintaining of a facility as prohibited by Section 1569.10 is a separate and distinct offense of this section and is punishable as a misdemeanor.
(c)  A misdemeanor may be prosecuted regardless of any concurrent enforcement of civil penalties or administrative remedies available to the department.
(d)  Notwithstanding any other provision of this chapter, any person, firm, partnership, association, or corporation who owns, operates, establishes, manages, conducts, or maintains a residential care facility for the elderly, as defined in subdivisions (k) and ( l) of Section 1569.2 which is an unlicensed residential care facility for the elderly as defined in subdivision (a) of Section 1569.44 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail for a period not to exceed one year, or by both the fine and imprisonment.
(Amended by Stats. 1989, Ch. 1115, Sec. 14.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.2 - Residential Care Facilities for the Elderly › ARTICLE 4 - Offenses › Section 1569.405.

1569.405. Upon a finding by the licensing authority that a facility is in operation without a license, a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may enforce Section 1569.10 by utilizing the procedures set forth in Chapter 5 (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. A facility violating Section 1569.10 is guilty of an infraction punishable by a fine of two hundred dollars ($200) for each day of violation. Upon a determination that a residential care facility for the elderly is in violation of Section 1569.10, and after a citation has been issued, the peace officer shall immediately notify the licensing authority in the department.
(Added by Stats. 1987, Ch. 856, Sec. 2.)