reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.3 - Private Duty Nursing Agencies › Section 1743.13.

1743.13. (a)  Notwithstanding Sections 1743.9 and 1743.15, if a private duty nursing agency or an applicant for a license has been previously licensed as a home health agency, the department may issue a provisional license to the private duty nursing agency if all of the following conditions are satisfied:
(1)  The agency and the applicant for licensure substantially meet the standards specified by this chapter and regulations adopted pursuant to this chapter.
(2)  No violation of this chapter or regulations adopted under this chapter exists in the agency that jeopardizes the health or safety of patients.
(3)  The applicant has adopted a plan for correction of any existing violations that is satisfactory to the department.
(b)  A provisional license issued under this section shall expire not later than six months after the date of issuance, or at an earlier time as determined by the department at the time of issuance, and may not be renewed.
(c)  The department shall not apply less stringent criteria when granting a provisional license pursuant to this section than it applies when granting a permanent license.
(Added by Stats. 2001, Ch. 242, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.3 - Private Duty Nursing Agencies › Section 1743.15.

1743.15. (a)  Upon filing an application for a private duty nursing agency license as provided for in, and upon the full compliance with, the provisions of this chapter and the rules and regulations promulgated under this chapter by the department, the department shall issue a private duty nursing agency license to the applicant.
(b)  Notwithstanding subdivision (a), any health facility, as defined in Section 1250 that is licensed under Chapter 2 (commencing with Section 1250) is not required to obtain a license. In order for a health facility to establish, conduct, or maintain a private duty nursing agency, it shall comply with all the provisions of this chapter and be approved by the department. The approval shall be deemed to be licensure and shall not extend past midnight on the 31st day of December of each calendar year. The fee set forth in Section 1743.17 shall be paid before approval is granted. Approval may be denied or withdrawn by the department on the same grounds as provided for denial, suspension, or revocation of a private duty nursing agency license. The department may take the same action against any approved health facility private duty nursing agency as it may against any licensed private duty nursing agency under this chapter.
(c)  As an alternative to subdivision (a), the department may issue a license to a private duty nursing agency that meets the requirements for a home health agency as provided in subdivision (a) of Section 1728.7, including accreditation, except the application and fees shall be submitted pursuant to this chapter. If the department issues a license pursuant to this subdivision, subdivisions (b), (c), and (d) of Section 1728.7 as they apply to home health agencies shall apply to private duty nursing agencies.
(d)  A currently licensed home health agency may apply for conversion of that license to a private duty nursing license by filing a written request with the department. If the home health agency holds a valid license and is in good standing, the department shall issue a private duty nursing agency license to that applicant within 30 days of receiving the application.
(Added by Stats. 2001, Ch. 242, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.3 - Private Duty Nursing Agencies › Section 1743.17.

1743.17. Each application for a private duty nursing agency license under this chapter, except applications by this state or any state department, authority, bureau, commission, or officer, shall be accompanied by a Licensing and Certification Program fee for the headquarters or main office of the agency and for each additional branch office maintained and operated by the agency in the amount set in accordance with Section 1266.
(Amended by Stats. 2006, Ch. 74, Sec. 23. Effective July 12, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.3 - Private Duty Nursing Agencies › Section 1743.19.

1743.19. Each private duty nursing agency license issued under this chapter shall expire 12 months from the date of its issuance. Application for renewal of license accompanied by the necessary fee shall be filed with the department annually, not less than 30 days prior to expiration date. Failure to make a timely renewal shall result in expiration of the license.
(Amended by Stats. 2006, Ch. 74, Sec. 24. Effective July 12, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.3 - Private Duty Nursing Agencies › Section 1743.21.

1743.21. (a)  Every private duty nursing agency for which a license has been issued, except a facility that is certified to participate either in the Medicare program under Title XVIII (42 U.S.C. Sec. 1395 et seq.) of the federal Social Security Act, or the medicaid program under Title XIX (42 U.S.C. Sec. 1396 et seq.) of the federal Social Security Act, or both, shall be periodically inspected by a duly authorized representative of the department. Reports of each inspection shall be prepared by the representative conducting it upon forms prepared and furnished by the department and filed with the department. These inspections shall be for the purpose of ensuring that the provisions of this chapter and the rules and regulations of the department are being followed. The department is directed to ensure by these inspections that the private duty nursing agency is providing high quality care to its patients in accordance with the orders of the patient’s physician.
(b)  Nothing in this chapter shall be deemed to require a private duty nursing agency to comply with federal Medicare conditions of participation, if the agency is not serving medicare beneficiaries.
(Added by Stats. 2001, Ch. 242, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.3 - Private Duty Nursing Agencies › Section 1743.23.

1743.23. (a)  The department shall apply its current regulations governing home health agencies to home health agencies and to private duty nursing agencies and may thereafter modify, amend, or rescind, reasonable rules and regulations to carry out the purposes of this chapter, including, the prohibition of specific conduct, determined by the department to be inimical to the public health, morals, welfare, or safety of the people of the State of California in the maintenance and operation of a private duty nursing services agency for which a license is issued. In adopting, modifying, amending, or rescinding the rules and regulations, the department shall consult with, and receive recommendations from, among others, physicians and surgeons, pharmacists, public health nurses, and persons representing hospitals, nonprofit home health and private duty nursing agencies, proprietary home health and private duty nursing agencies, and counties whose health department or hospital has a home health or private duty nursing agency. The department shall also comply with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b)  The department shall apply current rules and regulations governing home health agencies regarding the purchase, storage, furnishing, and transportation of legend devices for a patient of a private duty nursing agency. As used in this subdivision, “legend devices” means any device that bears the label “Caution: federal law restricts this device to sale by or on the order of a ____” or words of similar meaning.
(c)  It is the intent of the Legislature that the department apply current regulations governing home health agencies to private duty nursing facilities that are similar to those that govern home health agencies including, but not limited to, those regulations related to services and the scope and duration of benefits, except to the extent the regulations would be inconsistent with the authority provided under, and the restrictions prescribed by, this chapter.
(Added by Stats. 2001, Ch. 242, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.3 - Private Duty Nursing Agencies › Section 1743.25.

1743.25. (a)  The department may deny any application for, or suspend or revoke, any private duty nursing 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 any of the provisions of this chapter or of any other law of this state or of the rules and regulations promulgated under this chapter.
(2)  Aiding, abetting, or permitting the commission of any illegal act.
(3)  Misrepresentation of a material fact in the application for a license.
(b)  (1)  Proceedings for the denial, suspension, or revocation of licenses or the denial or withdrawal of approval under this chapter shall be conducted in accordance with Section 100171.
(2)  The suspension, expiration, or forfeiture by operation of law of a license issued by the department; its suspension, forfeiture, or cancellation by order of the department or by order of a court of law; or its surrender without the written consent of the department, shall not deprive the department of its authority to institute or continue a disciplinary proceeding against the licensee upon any ground provided by law or to enter an order suspending or revoking the license or otherwise taking disciplinary action against the licensee on any ground provided by law.
(Added by Stats. 2001, Ch. 242, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.3 - Private Duty Nursing Agencies › Section 1743.27.

1743.27. (a)  Any license revoked pursuant to this chapter may be reinstated pursuant to Section 11522 of the Government Code.
(b)  Any licensee may, with the approval of the department, surrender his or her license for suspension or cancellation by the department. Any license suspended or canceled pursuant to this section may be reinstated by the department on receipt of an application showing compliance with the requirements of Section 1743.7.
(Added by Stats. 2001, Ch. 242, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.3 - Private Duty Nursing Agencies › Section 1743.29.

1743.29. The provisions of this chapter do not apply to the adherents of any well recognized church or religious denomination that provides for the care or treatment of the sick who depend upon prayer or spiritual means for healing in the practice of the religion of the church or denomination.
(Added by Stats. 2001, Ch. 242, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.3 - Private Duty Nursing Agencies › Section 1743.31.

1743.31. Any person who violates any of the provisions of this chapter, or of the rules and regulations promulgated 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 a county jail for a period not to exceed 180 days, or by both the fine and imprisonment.
(Added by Stats. 2001, Ch. 242, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.3 - Private Duty Nursing Agencies › Section 1743.33.

1743.33. The director may bring an action to enjoin the violation or threatened violation of Section 1743 in the superior court in and for the county in which the violation occurred or is about to occur. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.
(Added by Stats. 2001, Ch. 242, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.3 - Private Duty Nursing Agencies › Section 1743.35.

1743.35. Any officer, employee, or agent of the department may enter and inspect any building, premises, record, or file of a private duty nursing agency licensee at any reasonable time to secure compliance with, or to prevent a violation of, any provision of this chapter.
(Added by Stats. 2001, Ch. 242, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.3 - Private Duty Nursing Agencies › Section 1743.37.

1743.37. The district attorney of every county shall, upon application by the department or its authorized representative, institute and conduct the prosecution of any action for violation within the district attorney’s county or any provisions of this chapter.
(Added by Stats. 2001, Ch. 242, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 1 - General › Section 1745.

1745. (a)  The purposes of this chapter are to provide for the licensure of hospices by the state department in order to ensure the health and safety of patients, who by definition, are experiencing the last phases of life due to the existence of a terminal disease, and to permit qualified persons, political subdivisions of the state, and governmental agencies to comply with requirements of federal law regarding the provision of hospice care.
(b)  In enacting this chapter, it is the intent of the Legislature to allow all qualified persons, political subdivisions of the state, and governmental agencies to provide hospice services to the people of California. It is also the intent of the Legislature to distinguish between the functions of a volunteer hospice and a hospice requiring licensure. It is further the intent of the Legislature to require the state department to establish standards of quality care for licensed hospices.
(c)  It is the intent of the Legislature that regulations adopted by the state department pursuant to this chapter not be so burdensome or costly, or both, in terms of implementation, that hospices located in rural areas are forced to stop providing care. Therefore, the state department shall exercise discretion and program flexibility in regard to licensing hospices which are located in rural areas of the state.
(Added by Stats. 1990, Ch. 1343, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 1.5 - Hospice Patient Referral › Section 1746.50.

1746.50. (a) A hospice provider, employed hospice staff, or an agent for the hospice shall not give payment to referral sources for the referral of patients to the hospice.
(b) A hospice salesperson, recruiter, agent, or employee who receives any form of compensation or remuneration for hospice referrals or admissions shall not provide consultation on hospice services, hospice election, or informed consent to a patient, patient’s family, or patient’s representative.
(c) The election of hospice, informed consent, completed signatures, and counsel on the election of hospice to a patient, patient’s family, or patient’s representative shall only be completed by a registered nurse, licensed vocational nurse, medical social worker, chaplain, or counselor employed by the hospice.
(Added by Stats. 2021, Ch. 478, Sec. 1. (AB 1280) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 1.5 - Hospice Patient Referral › Section 1746.52.

1746.52. For purposes of this article:
(a) “Patient’s representative” means either a person designated by the patient as their representative or a person acting on the patient’s behalf under the authority of the Long-Term Care Patient Representative Program pursuant to Chapter 3.6 (commencing with Section 9260) of Division 8.5 of the Welfare and Institutions Code.
(b) “Payment” means anything of value, including cash, gift cards, prepaid cards, or remuneration of any kind.
(c) “Referral source” means a medical or nonmedical entity or medical or nonmedical provider that refers a patient, patient’s family, or patient’s representative to a hospice provider for a consultation or any other reason.
(Added by Stats. 2021, Ch. 478, Sec. 1. (AB 1280) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 2 - Licensure › Section 1747.

1747. (a)  No person, political subdivision of the state, or other governmental agency, that is not operating a hospice as of January 1, 1991, shall establish or operate a hospice without first obtaining a license under this chapter.
(b)  Any person, political subdivision of the state, or other governmental agency, that is operating a hospice as of January 1, 1991, may continue to operate the hospice only under the following conditions:
(1)  The person, political subdivision of the state, or other governmental agency shall apply to the state department for a license under this chapter within 60 days after forms for the application of licensure under this chapter are available from the state department.
(2)  The person, political subdivision of the state, or other governmental agency shall cease calling or referring to itself as a hospice upon the final decision of the director upholding the state department’s denial of an application for licensure under this chapter.
(c)  Nothing in this chapter shall preclude the ongoing use of the title “volunteer hospice” by those organizations that satisfy all of the following:
(1)  They do not provide skilled nursing services.
(2)  They do not charge patients or families for hospice services, and they do not receive third-party insurance payments for services rendered.
(3)  They satisfy the disclosure requirements specified in subdivision (c) of Section 1748.
(d)  A small and rural hospice is exempt from the licensing provisions of this chapter and the disclosure requirements of subdivision (c) of Section 1748. A small and rural hospice may provide skilled nursing services and may use the title “volunteer hospice.” For purposes of this chapter, a “small and rural hospice” means a hospice that provides services to less than 50 patients per year, does not charge for services, does not receive third-party payment for services rendered, and is not located in a standard metropolitan statistical area.
(Amended by Stats. 1997, Ch. 492, Sec. 2. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 2 - Licensure › Section 1747.1.

1747.1. A hospice program certified in accordance with federal Medicare hospice conditions of participation shall be exempt from subdivision (a) of Section 1747, but shall be subject to Section 1726 unless it elects to apply for hospice licensure. A hospice program that elects to apply for hospice licensure shall thereafter be subject to all the hospice licensure requirements set forth in this chapter.
(Added by Stats. 1994, Ch. 985, Sec. 1.5. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 2 - Licensure › Section 1747.5.

1747.5. Each hospice licensed pursuant to this chapter shall maintain, and revise as needed, and implement policies regarding the purchase, storage, furnishing, and transportation of legend devices that are reviewed annually by a group of professional personnel, including a physician and surgeon, a pharmacist, and a registered nurse, and are revised as needed. As used in this section, legend devices means any device that bears the label “Caution: federal law restricts this device to sale by or on the order of a ____,” or words of similar meaning.
(Added by Stats. 1992, Ch. 1104, Sec. 6. Effective September 29, 1992.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 2 - Licensure › Section 1748.

1748. (a) Except as otherwise provided in subdivision (b) or (d) of Section 1747, no person, political subdivision of the state, or other governmental agency shall establish, conduct, maintain, or represent itself as a hospice agency unless a license has been issued under this chapter. Multiple locations need not obtain a separate license. Multiple locations shall be listed on the license of the parent agency and each shall pay a licensing fee in the amount prescribed by subdivision (a) of Section 1750.
(b) Any person, political subdivision of the state, or other governmental agency desiring a license to establish a hospice agency shall file with the department a verified application on forms prescribed and furnished by the department that contain any information as may be required by the department for the proper administration and enforcement of this chapter.
(c) Any hospice agency that is not required to obtain a license under this chapter shall disclose in all advertisements and information provided to the public all of the following information:
(1) It is not required to be licensed and is not regulated by the department.
(2) Any complaint against the hospice agency should be directed to the local district attorney and the department.
(3) Any complaint against personnel licensed by a board or committee within the Department of Consumer Affairs and employed by the hospice agency should be directed to the respective board or committee. Any complaint against a certified home health aide or certified nurse assistant shall be directed to the department.
The address and telephone number of any state agency, board, or committee which is responsible for addressing complaints shall be provided by the hospice agency, upon request, to any patient of the hospice agency.
(d) A license shall not be transferable.
(e) The department shall not approve a change of ownership of a licensed hospice agency within five years of the date a license was initially issued to the licensee. Only the person, political subdivision of the state, or other governmental agency issued a license for the purposes of operating a hospice agency may use that license during the five-year period.
(f) Notwithstanding subdivision (e), the department may make an exception for extenuating circumstances and approve a change of ownership within the five-year period if the hospice agency demonstrates and provides evidence to the department of either of the following:
(1) The need to ensure continuity of care for existing patients of the hospice agency.
(2) Both a financial hardship and an unmet need of hospice services in the geographic area the hospice agency would serve.
(Amended by Stats. 2023, Ch. 131, Sec. 107. (AB 1754) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 2 - Licensure › Section 1749.5.

1749.5. The Legislature recognizes that hospices can apply for certification for their hospice programs from the federal Medicare program. If the department has determined during any combined licensing and certification survey that a hospice is in substantial compliance with a requirement, the department shall not be redundant by also reviewing the similar licensing or certification requirements.
(Added by Stats. 1990, Ch. 1343, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 2 - Licensure › Section 1750.

1750. (a) Each new and renewal application for a license under this chapter shall be accompanied by an annual Licensing and Certification Program fee set in accordance with Section 1266.
(b) All hospices shall maintain compliance with the licensing requirements. These requirements shall not, however, prohibit the use of alternate concepts, methods, procedures, techniques, space, equipment, personnel qualifications, or the conducting of pilot projects, necessary for program flexibility. Program flexibility shall be carried out with provision for safe and adequate patient care and with prior written approval of the state department. A written request for program flexibility and substantiating evidence supporting the request shall be submitted by the applicant or licensee to the state department. The state department shall approve or deny the request within 60 days of submission. Approval shall be in writing and shall provide for the terms and conditions under which program flexibility is approved. A denial shall be in writing and shall specify the basis therefor. If after investigation the state department determines that a hospice using program flexibility pursuant to this section is operating in a manner contrary to the terms or conditions of the approval for program flexibility, the director shall immediately revoke that approval.
(c) Each hospice shall, on or before March 15 of each year, file with the Office of Statewide Health Planning and Development (OSHPD), upon forms furnished by OSHPD, a verified report for the preceding calendar year upon all matters requested by OSHPD. This report may include, but not be limited to, data pertaining to age of patients, diagnostic categories of patients, and number of visits by service provided.
(Amended by Stats. 2006, Ch. 74, Sec. 25. Effective July 12, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 2 - Licensure › Section 1751.

1751. (a)  Upon an applicant’s filing an application for licensure under this chapter and compliance with this chapter and the rules and regulations adopted by the state department under this chapter, the state department shall issue to the applicant a license to operate as a hospice. Any fees required pursuant to Section 1750 shall be paid before a license is issued. Licensure also may be denied by the state department as specified in Section 1755.
(b)  Each license issued under this chapter shall expire 24 months from the date of its issuance.
(c)  A biennial application for the renewal of a license, accompanied by any fee required pursuant to subdivision (b) of Section 1750, shall be filed with the state department no less than 30 days prior to the expiration date of the license. The failure to file an application for renewal within the time required by this subdivision shall result in the expiration of the license.
(Added by Stats. 1990, Ch. 1343, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 2 - Licensure › Section 1751.5.

1751.5. (a) Notwithstanding any other provision of this chapter, the department shall issue a license to a hospice agency that applies to the department for a hospice agency license and meets all of the following requirements:
(1) Is accredited as a hospice by an entity approved by the federal Centers for Medicare and Medicaid Services as a national accreditation organization, and the national accreditation organization forwards to the department copies of all initial and subsequent survey and other accreditation reports or findings.
(2) Files an application with fees pursuant to this chapter.
(3) Demonstrates and provides evidence to the department of an unmet need of hospice services in the geographic area the hospice agency would serve.
(4) Meets any other additional licensure requirements of, or regulations adopted if necessary pursuant to, this chapter that the department identifies, after consulting with the national accreditation organization, as more stringent than the accreditation requirements of the national accreditation organization.
(b) The department shall conduct surveys of 5 percent of initial hospice agency licenses approved by accrediting organizations during the previous calendar year to ensure the accreditation requirements are met and to determine compliance with licensing requirements that the department identifies as more stringent than the accreditation requirements. These surveys shall be conducted using a selective sample basis.
(c) The department may conduct a survey of an accredited hospice agency not surveyed under subdivision (b) to ensure the accreditation and licensing requirements are met.
(d) The department may conduct a survey of an accredited hospice agency to investigate complaints against an accredited hospice agency for substantial noncompliance, as determined by the department, with these accreditation standards or with any applicable licensing requirements.
(e) Notwithstanding subdivisions (a), (b), (c), and (d), the department shall retain its full range of authority over accredited hospice agencies to ensure the licensure and accreditation requirements are met. This authority shall include the entire scope of enforcement sanctions and options available for unaccredited hospice agencies.
(Amended by Stats. 2022, Ch. 797, Sec. 3. (AB 2673) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 2.3 - New License Moratorium › Section 1751.70.

1751.70. (a) Notwithstanding any other law and except as provided in Section 1751.75, on and after January 1, 2022, and until the date emergency regulations are adopted pursuant to Section 1753.1, the department shall not issue a new license to operate a hospice agency pursuant to this chapter.
(b) Hospice facilities licensed under subdivision (n) of Section 1250 are exempt from the moratorium established under subdivision (a).
(Amended by Stats. 2023, Ch. 191, Sec. 1. (SB 137) Effective September 13, 2023. Repealed as of January 1, 2027, pursuant to Section 1751.85.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 2.3 - New License Moratorium › Section 1751.75.

1751.75. (a) The department may grant an exception to the moratorium imposed by this article upon making a written finding that an applicant for a new license, or with a license application pending on January 1, 2022, has shown a demonstrable need for hospice services in the area where the applicant proposes to operate based on the concentration of all existing hospice services in that area.
(b) The department shall issue a new license during the moratorium pursuant to an exception granted under this section in accordance with this chapter, including Article 2 (commencing with Section 1747).
(Added by Stats. 2021, Ch. 494, Sec. 1. (SB 664) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 1751.85.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 2.3 - New License Moratorium › Section 1751.80.

1751.80. This article shall not be deemed to modify the authority of the department to renew a license pursuant to this chapter.
(Added by Stats. 2021, Ch. 494, Sec. 1. (SB 664) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 1751.85.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 2.3 - New License Moratorium › Section 1751.85.

1751.85. This article shall remain in effect only until January 1, 2027, and as of that date is repealed.
(Added by Stats. 2021, Ch. 494, Sec. 1. (SB 664) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Article 2.3, commencing with Section 1751.70.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 2.5 - Hospice Patient Care › Section 1751.100.

1751.100. (a) During the initial visit, in advance of furnishing care, a hospice shall provide a patient or the patient’s representative with verbal and written notice of the patient’s rights and responsibilities in a language and manner that the person understands.
(b) For purposes of this section, the following definitions apply:
(1) “Patient’s representative” means either a person designated by the patient as their representative or a person acting on the patient’s behalf under the authority of the Long-Term Care Patient Representative Program pursuant to Chapter 3.6 (commencing with Section 9260) of Division 8.5 of the Welfare and Institutions Code.
(2) “Verbal” means spoken or signed language.
(Added by Stats. 2021, Ch. 478, Sec. 2. (AB 1280) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 3 - Enforcement › Section 1752.

1752. (a)  A licensed hospice, at the state department’s option, may periodically be inspected by a duly authorized representative of the state department. Reports of each inspection shall be prepared by the representative who conducted the inspection, upon forms prepared and furnished by the state department, and filed with the state department. The inspection shall be for the purpose of ensuring that this chapter and the rules and regulations adopted under this chapter are being followed.
(b)  Any officer, employee, or agent of the state department, who has been assigned the responsibility of enforcing this chapter, may enter and inspect any building or premises where hospice care is being provided, as well as any form, record, or file of a licensee at any reasonable time to assure compliance with, or to prevent the violation of, any provision of this chapter.
(Added by Stats. 1990, Ch. 1343, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 3 - Enforcement › Section 1752.1.

1752.1. (a) Any person may request an investigation of a hospice agency in accordance with this chapter by making a complaint to the department alleging a violation of applicable requirements prescribed by statutes or regulations of this state. A complaint may be made orally or in writing.
(b) The substance of the complaint shall be provided to the licensee no earlier than at the time of the investigation. Unless the complainant specifically requests otherwise, neither the substance of the complaint provided to 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) (1) Upon receipt of a complaint, 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 investigation within 10 business days after receiving the complaint except when 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.
(2) Prior to conducting an onsite investigation pursuant to this section, the department shall make a good faith effort, documented in writing, to contact and interview the complainant and inform the complainant of the department’s proposed course of action and the relevant deadline for the department to complete its investigation. To the extent practicable, the officer, employee, or agent of the department who will conduct the investigation shall be the representative who interviews and makes contact with the complainant.
(d) Within 10 business days of completing the investigation of a complaint and licensee under this section, the department shall notify the complainant in writing of the department’s determination as a result of the investigation.
(Added by Stats. 2022, Ch. 797, Sec. 5. (AB 2673) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 3 - Enforcement › Section 1753.

1753. (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 and regulations 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. The department shall consult with licensed hospices, small and rural hospices, and volunteer hospice providers in developing regulations pursuant to this chapter.
(b)  The department shall adopt rules and regulations regarding the purchase, storage, furnishing, and transportation of legend devices for a patient of a hospice. As used in this subdivision, “legend devices” means any device that bears the label “Caution: federal law restricts this device to sale by or on the order of a ____” or words of similar meaning.
(Amended by Stats. 2022, Ch. 797, Sec. 6. (AB 2673) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 3 - Enforcement › Section 1753.1.

1753.1. On or before January 1, 2025, the department shall adopt emergency regulations to implement the recommendations in California State Auditor Report 2021-123 on the California Hospice Licensure and Oversight (March 29, 2022). The department shall maintain the general moratorium on new hospice agency licenses until the department adopts the regulations. The emergency regulations shall do all of the following:
(a) Establish time and distance standards that define the maximum time and distance hospice agency staff may travel to reach patients, taking into consideration typical traffic conditions and whether the hospice agency is serving patients in rural or urban areas.
(b) Establish standards for a hospice agency’s ratio of nurses to patients.
(c) Establish a limit for the number of hospice agencies that hospice agency management personnel can be involved with concurrently.
(d) Require hospice agency management personnel to meet minimum standards of training and experience, including, but not limited to, hospice-specific training or experience.
(e) Establish specific requirements for hospice agency office space.
(f) Establish timelines for reporting changes to application information, including, but not limited to, change of mailing address, change of location, and change of name.
(Amended by Stats. 2023, Ch. 191, Sec. 2. (SB 137) Effective September 13, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 3 - Enforcement › Section 1754.

1754. (a)  Any licensee may, with the approval of the state department, surrender his or her license for suspension or cancellation by the state department.
(b)  Any license suspended or canceled pursuant to this section may be reinstated by the state department upon receipt of an application showing compliance with this chapter.
(Added by Stats. 1990, Ch. 1343, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 3 - Enforcement › Section 1755.

1755. (a) The department may deny any application for licensure, or suspend or revoke any license issued, under this chapter upon any of the following grounds:
(1) Violation by the applicant or licensee of this chapter or any rules and regulations promulgated by the department under this chapter, including improperly certifying a patient as eligible for hospice care.
(2) Prior termination from the federal Medicare program or the Medi-Cal program due to noncompliance, or licensure suspension or revocation, of a hospice agency owned, operated, or managed by the applicant or licensee.
(3) Demonstration of a pattern and practice of violations of state or federal standards during the last three years of a hospice agency owned, operated, or managed by the applicant or licensee.
(4) Presence on the List of Excluded Individuals/Entities of the United States Department of Health and Human Services Office of Inspector General of the applicant or licensee.
(5) Any felony conviction of the applicant or licensee for the violation of any law of this state.
(6) Any conviction of the applicant or licensee for aiding, abetting, or permitting the commission of any act that is a felony in this state.
(7) The applicant’s or licensee’s misrepresentation of a material fact in the application for a license under this chapter.
(8) Failure by hospice agency management personnel to cooperate with the department for the purposes of conducting an inspection or complaint investigation.
(9) Failure by a hospice agency to report a change in owner, hospice agency management personnel, service area, or location.
(b) Proceedings for the denial, suspension, or revocation of licenses under this chapter 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. In the case of a conflict between this chapter and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, Chapter 5 (commencing with Section 11500) shall control.
(Amended by Stats. 2022, Ch. 797, Sec. 8. (AB 2673) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 3 - Enforcement › Section 1756.

1756. (a)  The suspension, expiration, or forfeiture by operation of law of a license issued by the state department under this chapter, the suspension or cancellation of a license by order of the state department or by order of a court of law, or the surrender of a license without the written consent of the state department shall not deprive the state department of its authority to institute or continue any disciplinary proceeding against the licensee pursuant to this chapter.
(b)  Any license revoked pursuant to this chapter may be reinstated pursuant to Section 11522 of the Government Code.
(Added by Stats. 1990, Ch. 1343, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 3 - Enforcement › Section 1757.

1757. Any person who violates any provision of this chapter or any rule or regulation promulgated under this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars ($500), by imprisonment in the county jail for a period not to exceed 180 days, or by both the fine and imprisonment.
(Added by Stats. 1990, Ch. 1343, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 3 - Enforcement › Section 1758.

1758. The director may bring an action to enjoin the violation or threatened violation of Section 1748 in the superior court in and for the county in which the violation occurred or is about to occur. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show the lack of an adequate remedy at law or to allege facts necessary to show or tending to show irreparable damage or loss.
(Added by Stats. 1990, Ch. 1343, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.5 - California Hospice Licensure Act of 1990 › ARTICLE 3 - Enforcement › Section 1759.

1759. The district attorney of every county shall, upon application by the state department or its authorized representative, institute and conduct the prosecution within his or her county of any action for violation of this chapter.
(Added by Stats. 1990, Ch. 1343, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.6 - Pediatric Day Health and Respite Care Facilities › Section 1760.

1760. In enacting this chapter, it is the intent of the Legislature to create, within the state department, a program for licensing pediatric day health and respite care facilities to serve the needs of medically fragile and terminally ill children and their families.
(Added by Stats. 1990, Ch. 1227, Sec. 8. Effective September 24, 1990.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.6 - Pediatric Day Health and Respite Care Facilities › Section 1760.5.

1760.5. The annual Licensing and Certification Program fee for a pediatric day health and respite care facility, as defined in Section 1760.2, shall be set in accordance with Section 1266.
(Added by Stats. 2006, Ch. 74, Sec. 26. Effective July 12, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.6 - Pediatric Day Health and Respite Care Facilities › Section 1760.6.

1760.6. (a)  A pediatric day health and respite care facility shall provide all of the following services:
(1)  Medical.
(2)  Nursing.
(3)  Pharmacy.
(4)  Nutrition.
(5)  Socialization.
(6)  Developmentally appropriate activities.
(b)  Services which may be provided by a pediatric day health and respite care facility include, but are not limited to, any of the following:
(1)  Physical therapy.
(2)  Developmental services.
(3)  Occupational and speech therapy.
(4)  Educational and psychological services.
(5)  Respite care.
(6)  Instruction for parents or guardians.
(7)  Comprehensive case management, if not otherwise available for the client.
(Added by Stats. 1990, Ch. 1227, Sec. 8. Effective September 24, 1990.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 8.6 - Pediatric Day Health and Respite Care Facilities › Section 1760.8.

1760.8. (a)  A pediatric day health and respite care facility may establish admission criteria based upon the compatibility of the developmental needs of the persons served and the facility’s ability to meet those needs. All admission criteria established by the facility shall be approved by the state department.
(b)  A child accepted for care in a pediatric day health and respite care facility shall satisfy all of the following criteria:
(1)  Be medically stable, as determined by the child’s attending physician and surgeon.
(2)  Be under the care of a physician and surgeon who approves the plan of care.
(3)  Have current immunization records unless medically contraindicated as stated by the child’s attending physician and surgeon at the time of admission and pose no significant risk of infection to others in the facility.
(4)  Have the consent of the parent or legal guardian for the admission.
(Added by Stats. 1990, Ch. 1227, Sec. 8. Effective September 24, 1990.)