reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73075 - Occupational Therapy Assistant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Occupational therapy assistant means a person who is
					 licensed as an occupational therapy assistant by the California Board of
					 Occupational Therapy.
1. Change
					 without regulatory effect amending section and adding new NOTE filed 3-12-2013
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: Sections
						1276,
						131050,
						131051
						and
						131052,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73077 - Patient

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Patient" means
				  a person accommodated in an intermediate care facility who because of a
				  physical or mental condition, or both, requires supervision and nursing care,
				  but does not in the opinion of the attending licensed healthcare practitioner
				  acting within the scope of his or her professional licensure have an illness,
				  injury or disability for which continuous skilled nursing care is
				  required.
(b) Ambulatory Patient.
				  "Ambulatory Patient" means a patient who is capable of demonstrating the mental
				  competence and physical ability to leave a building without assistance or
				  supervision of any person under emergency conditions.
(c) Nonambulatory Patient. "Nonambulatory
				  patient" means a patient who is unable to leave a building unassisted under
				  emergency conditions. It includes, but is not limited to, those persons who
				  depend upon mechanical aids such as crutches, walkers, or wheelchairs,
				  profoundly or severely mentally retarded persons and shall include totally deaf
				  persons.
1. Amendment
					 of subsection (a) and new NOTE filed 3-3-2010; operative 4-2-2010 (Register
					 2010, No. 10).
Note: Authority cited: Sections
						1275,
						100275
						and
						131200,
						Health and Safety Code. Reference: Sections
						1276,
						1316.5,
						131050,
						131051
						and
						131052,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73078 - Permanently Converted

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Permanently converted means space which is not available
					 for patient accommodation because the facility has converted the patient
					 accommodation space to some other use and such space could not be reconverted
					 to patient accommodation within 24 hours.
1. New
					 section filed 11-12-76 as an emergency; effective upon filing (Register 76, No.
					 46).
2. Certificate of Compliance filed 3-8-77 (Register 77, No.
					 11).
Note: Authority cited: Sections
						208,
						1250,
						1250.1,
						1251,
						1255,
						and
						1268,
						Health and Safety Code. Reference: Chapter 854, Statutes of
						1976.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73079 - Pharmacist

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Pharmacist" means a person licensed as a registered
					 pharmacist by the California Board of Pharmacy.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73080 - Physical Restraint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of informed consent, physical restraint means
					 any physical or mechanical device or material, attached or adjacent to a
					 patient's body, that the patient cannot remove easily, which has the effect of
					 restricting the patient's freedom of movement. Physical restraint does not
					 include the use of the least restrictive immobilization reasonably necessary to
					 administer necessary treatment of a therapeutic, non-continuous nature, such as
					 a single injection of antibiotics, and where the immobilization is removed upon
					 the administration of such treatment. This exception shall not include
					 immobilizations for continuously administered treatments such as intravenous
					 therapy.
1. New
					 section filed 5-27-92; operative 5-27-92 (Register 92, No.
					 22).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1276,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73081 - Physical Therapist

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Physical therapist means a person licensed as a physical
					 therapist by the Physical Therapy Board of California.
1. Change
					 without regulatory effect amending section and adding new NOTE filed 3-12-2013
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: Sections
						1276,
						131050,
						131051
						and
						131052,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73083 - Physical Therapist Assistant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Physical therapist assistant means a person who is approved
					 as a physical therapist assistant by the Physical Therapy Board of
					 California.
1. Change
					 without regulatory effect amending section and adding new NOTE filed 3-12-2013
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: Sections
						1276,
						131050,
						131051 and
						131052.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73085 - Physician

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Physician means
				  a person licensed as a physician and surgeon by the Medical Board of California
				  or by the Osteopathic Medical Board of California.
(b) Attending Physician. Attending physician
				  means the physician responsible for the medical treatment of the patient in the
				  facility.
(c) Advisory Physician.
				  Advisory physician means the physician who assumes responsibility for the
				  medical guidance of the licensed facility.
(d) Psychiatrist. Psychiatrist means a
				  physician who has specialized training and/or experience in
				  psychiatry.
1. Change
					 without regulatory effect amending section and adding new NOTE filed 3-12-2013
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: Sections
						1276,
						131050,
						131051
						and
						131052,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73087 - Podiatrist

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Podiatrist means a person licensed as a podiatrist by the
					 California Board of Podiatric Medicine.
1. Change
					 without regulatory effect amending section and adding new NOTE filed 3-12-2013
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: Sections
						1276,
						131050,
						131051
						and
						131052,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73089 - Psychologist

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Psychologist" means a person licensed as a psychologist by
					 the California Board of Psychology and who meets the requirements set forth in
					 California Health and Safety Code Section
					 1316.5(d).
1. Amendment
					 of section and new NOTE filed 3-3-2010; operative 4-2-2010 (Register 2010, No.
					 10).
Note: Authority cited: Sections
						1275,
						100275
						and
						131200,
						Health and Safety Code. Reference: Sections
						1276,
						1316.5,
						131050,
						131051
						and
						131052,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73090 - Psychotherapeutic Drug

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Psychotherapeutic drug means a medication to control
					 behavior or to treat thought disorder processes.
1. New
					 section filed 5-27-92; operative 5-27-92 (Register 92, No.
					 22).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1276,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73091 - Recreation Therapist

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Recreation therapist" means a person who is certified or
					 eligible for certification as a registered recreator with specialization in
					 therapeutic recreation by the California Board of Park and Recreation Personnel
					 or the National Therapeutic Recreation Society.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73092 - Registered Domestic Partner

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Registered domestic partner shall have the same meaning as
					 defined in Family Code Sections
					 297 and
					 297.5.
1. Change
					 without regulatory effect adopting section filed 6-23-2011 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2011, No. 25).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: Section
						51, Civil Code;
						Sections
						297 and
						297.5, Family
						Code; and Sections
						1276,
						131050,
						131051
						and
						131052,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73093 - Registered Nurse

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Registered nurse" means a person licensed as a registered
					 nurse by the California Board of Registered Nursing.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73095 - Restraint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Restraint" means controlling a patient's physical activity
					 in order to protect the patient or others from injury.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73097 - Skilled Nursing Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Skilled nursing facility" means a health facility which
					 provides the following basic services: skilled nursing care and supportive care
					 to patients whose primary need is for availability of skilled nursing care on
					 an extended basis. It provides 24-hour inpatient care and, as a minimum,
					 includes medical, nursing, dietary, pharmaceutical services and an activity
					 program. The facility shall have effective arrangements, confirmed in writing,
					 through which services required by the patients, but not regularly provided
					 within the facility, can be obtained promptly when needed.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73099 - Social Work Aide

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Social work aide" means a staff person with orientation,
					 on-the-job training and supervision from a social worker or a social work
					 assistant.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73101 - Social Work Assistant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Social work assistant" means a person with a baccalaureate
					 degree in the social sciences or related fields and who receives supervision,
					 consultation and in-service training from a social worker.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73103 - Social Worker

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Social worker means a person who:
(a) Is licensed as a clinical social worker
				  by the Board of Behavioral Sciences; or
(b) Has a Master of Social Work degree from a
				  school of social work accredited by the Council on Social Work Education and
				  has one year of social work experience in a health care setting.
1. Change
					 without regulatory effect amending section and adding new NOTE filed 3-12-2013
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
2. Amendment of section and
					 NOTE filed 2-19-2020; operative 4-1-2020 (Register 2020, No.
					 8).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: Sections
						1276,
						1276.1,
						131050,
						131051
						and
						131052,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73105 - Special Disability Professional

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Special disability professional" means a physician, a
					 psychiatrist, a clinical psychologist, a social worker, a special education
					 teacher, or a person with an academic degree in learning disabilities, who has
					 at least one year experience or training in the care of the mentally
					 disordered, developmentally disabled or substance abusers.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73107 - Special Disability Worker

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Special disability worker" means a person, who through
					 experience, vocational training, formal education or licensure has developed
					 expertise in special disability work. They may function under different job
					 titles such as but not limited to: social worker, psychiatric technician,
					 recreation therapist, occupational therapy aide, program therapist or an
					 activity therapist.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73109 - Speech Pathologist

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Speech pathologist means a person licensed as a speech
					 pathologist by the Speech-Language Pathology and Audiology and Hearing Aid
					 Dispensers Board.
1. Change
					 without regulatory effect amending section and adding new NOTE filed 3-12-2013
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: Sections
						1276,
						131050,
						131051
						and
						131052,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73111 - Sterilization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Sterilization" means the process employed to destroy all
					 living organisms.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73113 - Supervision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Supervision"
				  means to instruct an employee or subordinate in his duties and to oversee or
				  direct his work, but does not necessarily require the immediate presence of the
				  supervisor.
(b) Direct Supervision.
				  "Direct supervision" means that the supervisor shall be present in the same
				  building as the person being supervised and available for consultation and/or
				  assistance.
(c) Immediate
				  Supervision. "Immediate supervision" means that the supervisor shall be
				  physically present while a task is being performed.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 1 - Definitions › Section 73115 - Unit Dose Medication System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Unit dose medication system" means a system in which
					 single dosage units of drugs are prepackaged and prelabeled in accordance with
					 all applicable laws and regulations governing these practices and are made
					 available separated by patient and by dosage time. The system shall also
					 comprise, but not be limited to, all equipment and appropriate records deemed
					 necessary and used in making the dose available to the patient in an accurate
					 and safe manner. A pharmacist shall be in charge and responsible for the
					 system.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73201 - License Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  person, firm, partnership, association, corporation, political subdivision of
				  the State or other governmental agency within the State, shall operate,
				  establish, manage, conduct or maintain an intermediate care facility in this
				  State or claim to operate an intermediate care facility, without first
				  obtaining a license from the Department.
(b) The provisions of this article do not
				  apply to the following institutions:
(1) Any
				  facility conducted by and for the adherents of any well-recognized church or
				  religious denomination for the purpose of providing facilities for the care or
				  treatment of the sick who depend upon prayer or spiritual means for healing in
				  the practice of the religion of such church or denomination.
(2) Hotels or other similar places that
				  furnish only board and room, or either, to their guests.
(3) Any house or institutions supplying board
				  and room only, or room only, or board only; provided, that no resident thereof
				  requires any element of medical care as determined by the
				  Department.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73203 - Application Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  verified application shall be submitted to the Department whenever any of the
				  following circumstances occur:
(1)
				  Construction of a new or replacement facility.
(2) Increase or decrease of licensed bed
				  capacity.
(3) Addition of or
				  deletion of any optional service units listed in Section
				  73445(b).
(4) Change of ownership.
(5) Change of name of facility
				  category.
(6) Change of license
				  category.
(7) Change of location of
				  facility.
(8) Change of bed
				  classification.
(9) If a person
				  wishes to acquire a beneficial interest of 10 percent or more in any
				  corporation or partnership licensed to operate an intermediate care facility,
				  or to become an officer or director of, or general partner in, such a
				  corporation or partnership, such a person shall obtain prior written approval
				  of the Department. Each application for approval shall include the information
				  specified in Section
				  73205(a) (8) as
				  regards the person for whom the application is made.
(A) The provisions of this subsection shall
				  not apply to any institution or person exempted by Section
				  1267.5(f)
				  or
				  1267.5(h)
				  of the Health and Safety Code.
(B)
				  If the Department fails to approve or disapprove such an application for
				  approval within 30 days after receipt thereof, the application shall be deemed
				  approved.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73207 - Architectural Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applications submitted for proposed construction of new
					 facilities, remodeling or additions to facilities shall include architectural
					 plans and specifications. Information contained in such applications shall be
					 on file in the Department and available to interested individuals and community
					 agencies.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73208 - Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  application for a license shall be accompanied by the prescribed fee as
				  authorized by Health and Safety Code, section
				  1266.
(1) No fee shall be refunded to the applicant
				  if the application is withdrawn or if the application is denied by the
				  Department.
(2) An additional fee
				  of $25.00 shall be paid for processing any change of name. However, no
				  additional fee shall be charged for any change of name which is processed upon
				  a renewal application or upon application filed because of a change of
				  ownership.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73209 - Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (a) filed 10-8-76; effective thirtieth day thereafter (Register
					 76, No. 41).
2. Amendment of subsection (a) filed 1-4-77; effective
					 thirtieth day thereafter (Register 77, No. 2).
3. Amendment of
					 subsection (a) filed 11-8-78; effective thirtieth day thereafter (Register 78,
					 No. 45).
4. Amendment of subsections (a), (c), and (d) filed 5-2-79;
					 effective thirtieth day thereafter (Register 79, No. 18).
5. Change
					 without regulatory effect repealing section filed 1-9-2013 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2013, No. 2).
Note: Authority cited: Sections
						1275,
						and
						1729,
						Health and Safety Code. Reference: Sections
						1266,
						and
						1729,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73211 - Projects Requiring a Certificate of Need. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 5-25-77; effective thirtieth day thereafter (Register 77, No. 22). For
					 prior history, see Register 77, No. 11.
Note: Authority cited: Sections
						208,
						1250,
						1250.1,
						1251,
						1255,
						and
						1268,
						Health and Safety Code. Reference: Chapter 854, Statutes of
						1976.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73211.1 - Projects Eligible for a Certificate of Exemption. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 5-25-77; effective thirtieth day thereafter (Register 77, No. 22). For
					 prior history, see Register 77, No. 11.
Note: Authority cited: Sections
						208,
						1250,
						1250.1,
						1251,
						1255,
						and
						1268,
						Health and Safety Code. Reference: Chapter 854, Statutes of
						1976.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73211.2 - Projects Not Subject to Review by a Voluntary Area Health Planning Agency. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 5-25-77; effective thirtieth day thereafter (Register 77, No. 22). For
					 prior history, see Register 77, No. 11.
Note: Authority cited: Sections
						208,
						1250,
						1250.1,
						1251,
						1255,
						and
						1268,
						Health and Safety Code. Reference: Chapter 854, Statutes of
						1976.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73211.3 - Projects Previously Decided by a Voluntary Area Health Planning Agency. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealed
					 filed 5-25-77; effective thirtieth day thereafter (Register 77, No. 22). For
					 prior history, see Register 77, No. 11.
Note: Authority cited: Sections
						208,
						1250,
						1250.1,
						1251,
						1255,
						and
						1268,
						Health and Safety Code. Reference: Chapter 854, Statutes of
						1976.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73211.4 - Exemption Requests for Remodeling and Replacement Projects. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 5-25-77; effective thirtieth day thereafter (Register 77, No. 22). For
					 prior history, see Register 77, No. 11.
Note: Authority cited: Sections
						208,
						1250,
						1250.1,
						1251,
						1255,
						and
						1268,
						Health and Safety Code. Reference: Chapter 854, Statutes of
						1976.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73213 - Safety, Zoning and Building Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Architectural plans shall not be approved
				  and a license shall not be originally issued to any intermediate care facility
				  which does not conform to these requirements or other state requirements on
				  seismic safety, fire and life safety, and environmental impact, and to local
				  fire safety, zoning and building ordinances, evidence of which shall be
				  presented in writing to the Department.
(b) It shall be the responsibility of the
				  licensee to maintain the intermediate care facility in a safe structural
				  condition. If the Department determines in a written report submitted to the
				  licensee that an evaluation of the structural condition of an intermediate care
				  facility building is necessary, the licensee may be required to submit a report
				  by a licensed structural engineer which shall establish a basis for eliminating
				  or correcting the structural conditions which may be hazardous to
				  occupants.
(c) The facility shall
				  meet the seismic safety requirements, if any, prescribed by Section
				  15001
				  of the Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73214 - Bed Classification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each facility shall notify the Department
				  on forms supplied by the Department of bed classifications as defined in
				  Section 73050 within 30 days of the
				  effective date of this section. For facilities not reporting within the 30-day
				  period, the Department will classify the beds based on the latest information
				  in the Department files.
(b) After
				  the above notification has been received by the Department or the Department
				  has classified the beds, no further reclassification of beds shall take place
				  until on or after January 1, 1977.
1. New
					 section filed 10-5-76 as an emergency; effective upon filing (Register 76, No.
					 41).
2. Certificate of Compliance filed 1-31-77 (Register 77, No.
					 6).
Note: Authority cited: Sections
						208
						and
						1250.1,
						Health and Safety Code. Reference: Chapter 854, Statutes of
						1976.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73217 - Provisional License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may issue a provisional license for the operation of an intermediate
				  care facility not previously licensed as an intermediate care facility pursuant
				  to Chapter 2, commencing with Section
				  1250,
				  of the Health and Safety Code, or to any applicant for an intermediate care
				  facility license upon a change of ownership of an existing facility, if that
				  applicant has not previously held an intermediate care facility license
				  pursuant to Chapter 2, commencing with Section
				  1250,
				  of the Health and Safety Code.
(b)
				  A provisional license issued pursuant to Section
				  73217(a) shall
				  terminate six months from the date of issuance. Within 30 days prior to the
				  termination of a provisional license issued pursuant to Section
				  73217(a), the
				  Department shall give such facility a full and complete inspection, and if the
				  facility meets all applicable requirements for licensure, a regular license
				  shall be issued. If the facility does not meet the requirements for licensure
				  but has made substantial progress toward meeting such requirements as
				  determined by the Department, the initial provisional license shall be renewed
				  for six months. If the Department determines that there has not been
				  substantial progress toward meeting licensure requirements at the time of the
				  first full inspection provided by this Section, or if the Department determines
				  upon its inspection made within 30 days of the termination of a renewed
				  provisional license that there is lack of full compliance with such
				  requirements, no further license shall be issued.
(c) The Department may issue a provisional
				  license upon a change of ownership of an intermediate care facility to an
				  applicant who has previously held an intermediate care facility license
				  pursuant to Chapter 2, commencing with Section
				  1250,
				  of the Health and Safety Code if the initial relicensure inspection reveals the
				  following:
(1) The facility and the applicant
				  for licensure are in substantial compliance with licensing
				  requirements.
(2) No violation of
				  such laws or regulations exists in the facility which jeopardizes the health or
				  safety of patients.
(3) The
				  applicant has adopted a plan for correction of any existing violation which is
				  satisfactory to the Department.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73219 - Separate Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Separate licenses shall be required for intermediate care
					 facilities which are maintained on separate premises even though they are under
					 the same management. Separate licenses shall not be required for separate
					 buildings on the same grounds or adjacent grounds.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73221 - Posting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The license or a true copy thereof shall be conspicuously
					 posted in a prominent location accessible to public view.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73223 - Transferability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Licenses are not transferable. The licensee shall notify
					 the Department in writing prior to any change of ownership and an application
					 for license shall be submitted by the new owner.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73225 - Report of Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall notify the Department within 10 days in writing any time a
				  change of stockholder owning 10 percent or more of the nonpublic corporate
				  stock occurs. Such writing shall include the name and principal mailing
				  addresses of the new stockholder(s).
(b) When a change of administrator occurs,
				  the Department shall be notified within 10 days in writing by the licensee.
				  Such writing shall include the name and license number of the new
				  administrator.
(c) Each licensee
				  shall notify the Department within 10 days in writing of any change of the
				  mailing address of the licensee. Such writing shall include the new mailing
				  address of the licensee.
(d) When a
				  change in the principal officer of a corporate licensee (chairman, president or
				  general manager) occurs, the Department shall be notified within 10 days in
				  writing by the licensee. Such writing shall include the name and principal
				  business address of such officer.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73227 - Program Flexibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All intermediate care facilities shall maintain continuous compliance with the
				  licensing requirements. These requirements do not prohibit the use of alternate
				  concepts, methods, procedures, techniques, equipment, personnel qualification
				  or the conducting of pilot projects, provided such exceptions are carried out
				  with the provisions for safe and adequate care and with the prior written
				  approval of the Department. Such approval shall provide for the terms and
				  conditions under which the exception is granted. A written request and
				  substantiating evidence supporting the request shall be submitted by the
				  applicant or licensee to the Department.
(b) Any approval of the Department granted
				  under this section, or a true copy thereof, shall be posted immediately
				  adjacent to the facility's license that is required to be posted by Section
				  73221.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73229 - Voluntary Suspension of License, Service or Licensed Beds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon written
				  request a licensee may request that a license, service or beds be put in
				  suspense. The Department may approve the request for a period not to exceed 12
				  months.
(b) Any license or portion
				  thereof which has been temporarily suspended by the Department pursuant to this
				  section shall remain subject to all renewal requirements of an active license,
				  including the payment of license renewal fees, during the period of temporary
				  suspension.
(c) Any license
				  suspended pursuant to this section may be reinstated by the Department within
				  12 months of the date of suspension, upon receipt of an application and
				  evidence showing compliance with licensing operational requirements in effect
				  at the time of reinstatement. If license is not reinstated within the 12-month
				  period, the license shall expire automatically and shall not be subject to
				  reinstatement.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73231 - Voluntary Cancellation of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any licensee desiring to voluntarily
				  surrender his license for cancellation shall notify the Department in writing
				  as soon as possible and in all cases at least 30 days prior to the effective
				  date of cancellation of the license.
(b) Any license voluntarily cancelled
				  pursuant to this section may be reinstated by the Department within 12 months
				  of date of cancellation on receipt of an application and evidence showing
				  compliance with licensing operational requirements.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73233 - Revocation or Involuntary Suspension of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to proceedings conducted under
				  the provisions of Chapter 5 (commencing with Section
				  11500) of Part 1 of Division 3 of
				  Title 2 of the Government Code, the Department may suspend or revoke the
				  license of any facility upon any of the following grounds:
(1) Violation by the licensee of any of the
				  provisions of Chapter 2 (commencing with Section
				  1250) of Division 2 of the Health
				  and Safety Code or of any of the regulations promulgated by the Department
				  contained in this chapter.
(2)
				  Failure of a licensee or any of the general partners, directors, officers or
				  persons having a beneficial ownership interest of 10 percent or more in the
				  licensed facility, to comply with the reporting requirements or to obtain
				  approvals required in Health and Safety Code Section
				  1267.5(a) and
				  (b) and Section
				  73205(a) (8) of
				  Division 5 of Title 22 of the California Administrative Code, except that this
				  subsection shall not apply to the directors of a nonprofit corporation as
				  described in Section
				  1267.5(h)
				  of the Health and Safety Code, or to a bank or other institution exempted under
				  Section
				  1267.5(f)
				  of the Health and Safety Code.
(3)
				  Aiding, abetting or permitting the violation of any provisions of Chapter 2
				  (commencing with Section
				  1250) of Division 2 of the Health
				  and Safety Code or of any of the regulations promulgated by the Department
				  contained in this chapter.
(4)
				  Conduct inimical to the public health, morals, welfare or safety of the people
				  of the State of California in the maintenance and operation of the premises for
				  which a license is issued.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73235 - Temporary Suspension of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Director may temporarily suspend any
				  license prior to any hearing, when in his or her opinion such action is
				  necessary to protect the public welfare, in the following manner:
(1) The Director shall notify the licensee of
				  the temporary suspension and the effective date thereof and at the same time
				  shall serve such licensee with an accusation.
(2) Upon receipt of a notice of defense by
				  the licensee, the Director shall set the matter for hearing within 15 days. The
				  hearing shall be held as soon as possible but no later than 30 days after
				  receipt of such notice.
(3) The
				  temporary suspension shall remain in effect until such time as the hearing is
				  completed and the Director has made a final determination on the
				  merits.
(4) If the Director fails
				  to make a final determination within 60 days after the original hearing has
				  been completed, the temporary suspension shall be deemed vacated.
(5) If the provisions of Chapter 2
				  (commencing with Section
				  1250) of Division 2 of the Health
				  and Safety Code or regulations promulgated by the Director are violated by a
				  licensee which is a group, corporation or other association, the Director may
				  suspend the licensee of such organization or may suspend the license as to any
				  individual person within such organization who is responsible for such
				  violation.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73237 - Pursuing Disciplinary Action to Completion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The withdrawal of an application for a
				  license after it has been filed with the Department shall not, unless the
				  Department consents in writing to such withdrawal, deprive the Department of
				  its authority to institute or continue a proceeding against the applicant for
				  the denial of the license upon any ground provided by law or to enter an order
				  denying the license upon any such ground.
(b) The suspension, expiration or forfeiture
				  by operation of law of a license issued by the Department, or 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 such ground.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 2 - License › Section 73239 - Reinstatement of Revoked or Suspended License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person whose license has been revoked or suspended may
					 petition the Department for reinstatement or reduction of the disciplinary
					 action imposed after a period of not less than one year has elapsed from the
					 effective date of the decision or from the date of the denial of a similar
					 petition.