reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 8 - Incidental Medical Services › Section 80092.4 - Colostomy/Ileostomy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee of
				  an adult CCF may accept or retain a client who has a colostomy or ileostomy if
				  all of the following conditions are met:
(1)
				  The client is mentally and physically capable of providing all routine care for
				  his/her ostomy, and the physician has documented that the ostomy is completely
				  healed.
(2) A licensed professional
				  provides assistance in the care of the ostomy.
(3) The licensee is in compliance with
				  Section 80092.1.
(4) The licensee monitors the client's
				  ongoing ability to provide care for his/her ostomy in accordance with the
				  physician's instructions.
(5) The
				  licensee ensures that:
(A) A licensed
				  professional provides ostomy care when the client is unable to provide
				  self-care.
(B) The ostomy bag and
				  adhesive may be changed by facility staff who receive training from the
				  licensed professional as specified in Sections
				  80092.1(k) through
				  (k)(2).
(6) The licensee ensures that used bags are
				  discarded as specified in Section
				  80088(f)(2).
(7) The licensee ensures privacy when ostomy
				  care is provided.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 8 - Incidental Medical Services › Section 80092.5 - Fecal Impaction Removal, Enemas, or Suppositories

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee of an adult CCF may accept or
				  retain a client who requires manual fecal impaction removal, enemas, or use of
				  suppositories if all of the following conditions are met:
(1) The licensee is in compliance with
				  Section 80092.1.
(2) The licensee monitors the client's
				  ongoing ability to provide his/her own routine care in accordance with the
				  physician's instructions.
(3) The
				  license ensures that a licensed professional administers the fecal impaction
				  removal, enemas, or suppositories when the client is unable to do so for
				  himself/herself.
(4) The licensee
				  ensures that a licensed professional performs manual fecal impaction removal
				  whenever it is necessary.
(5) The
				  licensee ensures privacy when care is being provided.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 8 - Incidental Medical Services › Section 80092.6 - Indwelling Urinary Catheter/Catheter Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee of an adult CCF may accept or
				  retain a client who requires an indwelling catheter if all of the following
				  conditions are met:
(1) The client is
				  physically and mentally capable of caring for all aspects of the condition
				  except insertion, removal and irrigation.
(A)
				  Irrigation shall only be performed by a licensed professional in accordance
				  with the physician's orders.
(B)
				  Insertion and removal shall only be performed by a licensed
				  professional.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 8 - Incidental Medical Services › Section 80092.8 - Diabetes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee of
				  an adult CCF may accept or retain a client who has diabetes if all of the
				  following conditions are met:
(1) The
				  licensee is in compliance with Section
				  80092.1.
(2) The client is mentally and physically
				  capable of administering his/her own medication and performing his/her own
				  glucose testing if applicable, or a licensed professional administers the tests
				  and injections.
(A) The licensed professional
				  may delegate to trained facility staff glucose testing provided all of the
				  following conditions are met:
1. The blood
				  glucose-monitoring test is performed with a blood glucose-monitoring instrument
				  that has been approved by the federal Food and Drug Administration for
				  over-the-counter sale.
2. The
				  licensee ensures that facility staff responsible for glucose testing receive
				  training from a licensed professional as specified in Sections
				  80092.1(k) through
				  (k)(2).
3. Facility staff comply with the
				  instructions of the licensed professional regarding the performance of the test
				  and the operation of the blood glucose-monitoring instrument.
4. Facility staff immediately notify the
				  client's physician if the results are not within the normal range for the
				  client.
5. The licensee ensures
				  that the results of each blood glucose test performed by facility staff are
				  documented and maintained in the client's record in the
				  facility.
(3)
				  The licensee ensures that sufficient amounts of medicines, testing equipment,
				  syringes, needles, and other supplies are maintained and stored in the
				  facility.
(4) The licensee ensures
				  that injections are administered immediately after a syringe is filled unless
				  the client is using prefilled syringes prepared by a registered nurse,
				  pharmacist, or drug manufacturer.
(5) The licensee ensures that syringes and
				  needles are disposed of in accordance with California Code of Regulations,
				  Title 8, Section
				  5193.
(6) The licensee provides a modified diet as
				  prescribed by a client's physician, as specified in Section
				  80076(a)(6). Any
				  substitutions shall be made by the facility dietitian or in consultation with a
				  registered dietician or the client's physician or medical provider.
(7) The licensee ensures that all facility
				  staff who provide care receive training in recognizing the signs and symptoms
				  of hyperglycemia and hypoglycemia and in taking appropriate action for client
				  safety.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 8 - Incidental Medical Services › Section 80092.9 - Wounds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee of
				  an adult CCF may accept or retain a client who has a serious wound if all of
				  the following conditions are met:
(1) The
				  licensee is in compliance with Section
				  80092.1.
(2) The wound is either an unhealed,
				  surgically closed incision or wound, or determined by the physician or a
				  licensed professional designated by the physician to be a Stage 1 or 2 dermal
				  ulcer and is expected by the physician or designated professional to completely
				  heal.
(3) The licensee ensures that
				  a licensed professional in accordance with the physician's instructions
				  provides the wound care.
(A) The licensed
				  professional may delegate simple dressing to facility staff who receive
				  training from a licensed professional as specified in Sections
				  80092.1(k) through
				  (k)(2).
(4) The licensee ensures that a licensed
				  professional assesses the wound at intervals set by the physician, or a
				  licensed professional designated by the physician, to evaluate treatment and
				  progress toward healing.
(5) The
				  licensee ensures that all aspects of care performed by the licensed
				  professional facility staff are documented in the client's
				  file.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 8 - Incidental Medical Services › Section 80092.10 - Gastrostomy Feeding, Hydration, and Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee of an adult CCF may accept or
				  retain a client who requires gastrostomy care, feeding, and/or hydration if all
				  of the following conditions are met:
(1) The
				  licensee is in compliance with Section
				  80092.1.
(2) The physician has documented that the
				  gastrostomy is completely healed.
(3) The licensee monitors the client's
				  ongoing ability to provide all routine feeding, hydration and care for his/her
				  gastrostomy in accordance with the physician's instructions.
(4) The licensee ensures that gastrostomy
				  feeding, hydration, medication administration through the gastrostomy, and
				  stoma cleaning are provided by a licensed professional when the client is
				  unable to provide his/her own feeding, hydration and care.
(A) The licensed professional may delegate
				  the following tasks to facility staff who receive training from a licensed
				  professional as specified in Sections
				  80092.1(k) through
				  (k)(2).
1.
				  Gastrostomy feeding, hydration, and stoma cleaning.
2. For routine medications, trained staff may
				  add medication through the gastrostomy per physician's or nurse practitioner's
				  orders.
3. For PRN medications,
				  trained staff may add medications through the gastrostomy in accordance with
				  Section 80075(b) through
				  (e).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 8 - Incidental Medical Services › Section 80092.11 - Tracheostomies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee of
				  an adult CCF may accept or retain a client who has a tracheostomy if all of the
				  following conditions are met:
(1) The licensee
				  is in compliance with Section
				  80092.1.
(2) Either the client is mentally and
				  physically capable of providing all routine care for his/her tracheostomy and
				  the physician has documented that the tracheostomy opening (stoma) is
				  completely healed, or assistance in the care of the tracheostomy is provided by
				  a licensed professional.
(A) The licensed
				  professional may delegate routine care for the tracheostomy to facility staff
				  who receive supervision and training from the licensed professional as
				  specified in Sections
				  80092.1(k) through
				  (k)(2).
1.
				  Suctioning shall not be delegated to facility
				  staff.
(3) The
				  licensee monitors the client's ongoing ability to provide all routine care for
				  his/her tracheostomy in accordance with the physician's instructions.
(4) The licensee ensures that tracheostomy
				  care is provided by a licensed professional when the client is unable to
				  provide self-care.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 8 - Incidental Medical Services › Section 80092.12 - Tracheostomies. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A
					 Certificate of Compliance must be transmitted to OAL by 6-2-97 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 5-21-97 as an emergency; operative
					 6-1-97 (Register 97, No. 21). A Certificate of Compliance must be transmitted
					 to OAL by 9-29-97 or emergency language will be repealed by operation of law on
					 the following day.
3. New section refiled 9-29-97 as an emergency;
					 operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance must be
					 transmitted to OAL by 1-27-98 or emergency language will be repealed by
					 operation of law on the following day.
4. New section refiled
					 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate
					 of Compliance must be transmitted to OAL by 5-27-98 or emergency language will
					 be repealed by operation of law on the following day.
5. Certificate
					 of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved
					 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an
					 emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
					 must be transmitted to OAL by 7-21-98 or emergency language will be repealed by
					 operation of law on the following day.
7. Certificate of Compliance
					 as to 3-23-98 order, including renumbering of former section
					 80092.12 to section
					 80092.11, transmitted to OAL
					 7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98
					 (Register 98, No. 36).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501,
						1502,
						1507
						and
						1530,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 8 - Incidental Medical Services › Section 80093 - Department Review of Health-Related Conditions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department may review actual or
				  suspected health-related conditions, including those specified in Section
				  80092, to determine if a client is
				  appropriately placed in the facility and if the client's health-related needs
				  are being met. The Department will inform the licensee that the client's
				  health-related condition requires review and will specify documentation that
				  the licensee shall submit to the Department.
(1) Documentation includes, but is not
				  limited to, the following:
(A) Restricted
				  Health Condition Care Plan, if applicable.
(B) Needs and Services Plan.
(C) Copies of prescriptions for medical
				  services and/or medical equipment.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 8 - Incidental Medical Services › Section 80094 - Health Condition Relocation Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In an adult CCF the Department will order
				  relocation of a client if the Department makes any of the following
				  determinations:
(1) The client has a
				  prohibited health condition, as specified in Section
				  80091.
(2) The licensee has not met all of the
				  requirements in Sections
				  80092.1 and applicable
				  requirements in Sections
				  80092.3 through
				  80092.11.
(3) The client has a health condition that
				  cannot be cared for within the limits of the license or within the abilities of
				  that specific facility.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 8 - Incidental Medical Services › Section 80094.5 - Client's Request for Review of a Health Condition Relocation Order by the Interdisciplinary Team (IDT)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A client or the client's authorized
				  representative, if any, may request a review of the Department's health
				  condition relocation order by the IDT.
(b) The client or the client's authorized
				  representative, if any, has 10 working days from receipt of the relocation
				  order to submit to the licensee a written, signed, and dated request for a
				  review and determination by the IDT.
(1) For
				  purposes of this section, a working day is any day except Saturday, Sunday, or
				  an official state holiday.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 8 - Incidental Medical Services › Section 80095 - Clients in Care at Time of Final Adoption of Regulations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A
					 Certificate of Compliance must be transmitted to OAL by 6-2-97 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 5-21-97 as an emergency; operative
					 6-1-97 (Register 97, No. 21). A Certificate of Compliance must be transmitted
					 to OAL by 9-29-97 or emergency language will be repealed by operation of law on
					 the following day.
3. New section refiled 9-29-97 as an emergency;
					 operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance must be
					 transmitted to OAL by 1-27-98 or emergency language will be repealed by
					 operation of law on the following day.
4. New section refiled
					 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate
					 of Compliance must be transmitted to OAL by 5-27-98 or emergency language will
					 be repealed by operation of law on the following day.
5. Certificate
					 of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved
					 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an
					 emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
					 must be transmitted to OAL by 7-21-98 or emergency language will be repealed by
					 operation of law on the following day.
7. Certificate of Compliance
					 as to 3-23-98 order, including repealer and new heading, repealer of
					 subsections (a)-(a)(5)(G), relettering and amendment of remainder of section
					 and renumbering of former section
					 80093(d)(1)(5) to
					 subsections (c)(1)-(5), transmitted to OAL 7-21-98 and filed 9-1-98; amendments
					 operative per agency request 10-1-98 (Register 98, No. 36).
8.
					 Repealer filed 8-9-2002; operative 9-8-2002 (Register 2002, No.
					 32).
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1501,
						1507
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 1 - General Requirements and Definitions › Section 81000 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Social
					 rehabilitation facilities, as defined in Section
					 81001(s)(4),
					 shall be governed by the provisions specified in this chapter.
(b) In addition to Section
					 81000(a) above,
					 social rehabilitation facilities shall be governed by those provisions
					 specified in Title 9 (Rehabilitative and Developmental Services), Division 1
					 (Department of Mental Health), Chapter 3, Article 3.5, Sections
					 531 through
					 535 of the California Code of
					 Regulations.
(c) The licensee shall
					 ensure compliance with all applicable law and regulation.
1. New
						section filed 1-7-91; operative 2-2-91 pursuant to Government Code section
						11346.2(d)
						(Register 91, No. 12).
2. Change without regulatory effect amending
						lettering and correcting cross-references filed 5-25-91 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 28).
3. Editorial correction of
						subsection (a) (Register 2002, No. 14).
4. Change without regulatory
						effect amending section and NOTE filed 1-5-2016 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2016, No. 2).
Note: Authority cited: Section
						  1530,
						  Health and Safety Code. Reference: Sections
						  5670
						  and
						  5671,
						  Welfare and Institutions Code; and Sections
						  1501
						  and
						  1502(a)(7),
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 1 - General Requirements and Definitions › Section 81001 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this chapter, the following
						definitions shall apply:
(a)
(1) "Activities of Daily Living" (ADLs) mean
					 the following six activities:
(A) Bathing:
					 Cleaning the body using a tub, shower or sponge bath, including getting a basin
					 of water, managing faucets, getting in and out the of tub or shower, reaching
					 head and body parts for soaping, rinsing and drying.
(B) Dressing: Putting on and taking off,
					 fastening and unfastening garments and undergarments and special devices such
					 as back or leg braces, corsets, elastic stockings/garments and artificial limbs
					 or splints.
(C) Toileting: Getting
					 on and off a toilet or commode, emptying a commode, managing clothes, wiping
					 and cleaning the body after toileting, and using and emptying a bedpan and
					 urinal.
(D) Transferring: Moving
					 from one sitting or lying position to another sitting or lying position (e.g.,
					 moving from a bed to a wheelchair or sofa, coming to a standing position,
					 and/or repositioning to promote circulation and prevent skin
					 breakdown).
(E) Continence: Ability
					 to control bowel and bladder as well as to use ostomy and/or catheter
					 receptacles, and to apply diapers and disposable barrier pads.
(F) Eating: Reaching for, picking up,
					 grasping a utensil and cup; getting food on a utensil; bringing food, utensil,
					 and cup to mouth; manipulating food on plate; and cleaning face and hands as
					 necessary following meal.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 2 - Licensing › Section 81005 - License Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Unless a facility is exempt from licensure as specified in Section
					 81007, no adult, firm,
					 partnership, association, corporation, county, city, public agency or other
					 governmental entity shall operate, establish, manage, conduct or maintain a
					 social rehabilitation facility, or hold out, advertise or represent itself by
					 any means as doing so, without first obtaining a current valid license from the
					 licensing agency.
1. Change
						without regulatory effect adopting new section filed 1-5-2016 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2016, No. 2).
Note: Authority cited: Section
						  1530,
						  Health and Safety Code. Reference: Sections
						  5670
						  and
						  5671,
						  Welfare and Institutions Code; and Sections
						  1505,
						  1508,
						  1509,
						  1513
						  and
						  1531,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 2 - Licensing › Section 81006 - Operation Without a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An unlicensed community care facility is
					 providing care and supervision as defined in Section
					 81001(u)(2), the
					 facility is in violation of Health and Safety Code section(s) 1503.5 and/or
					 1508 unless exempted from licensure pursuant to California Code of Regulations
					 section 81007.
(b) If the facility is alleged to be in
					 violation of Health and Safety Code section(s) 1503.5 and/or 1508, the
					 licensing agency shall conduct a site visit and/or evaluation of the facility
					 pursuant to Health and Safety Code section
					 1538.
(c) If the facility is operating without a
					 license, the licensing agency shall issue a notice of operation in violation of
					 law and shall refer the case for criminal prosecution and/or civil
					 proceedings.
(d) The licensing
					 agency shall have the authority to issue an immediate civil penalty pursuant to
					 Section 81058 and Health and Safety Code
					 section
					 1547.
(e) Sections
					 81006(c) and (d)
					 shall be applied pursuant to Section
					 1549
					 of the Health and Safety Code.
(f)
					 The licensing agency shall notify the appropriate placement or protective
					 service agency if either of the following conditions exists:
(1) There is an immediate threat to the
					 clients' health and safety.
(2) The
					 facility does not submit an application for licensure within 15 calendar days
					 of being served a notice of operation in violation of law.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 2 - Licensing › Section 81008 - Licensing of Integral Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon written application from the
					 licensee, the licensing agency shall have the authority to issue a single
					 license for separate buildings which might otherwise require separate licenses
					 provided that all of the following requirements are met:
(1) Separate buildings or portions of the
					 facility are integral components of a single program.
(2) All components of the program are managed
					 by the same licensee.
(3) All
					 components of the program are conducted at a single site with a common
					 address.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 2 - Licensing › Section 81009 - Posting of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 license shall be posted in a prominent, publicly accessible location in the
					 facility.
1. New
						section filed 1-7-91; operative 2-2-91 pursuant to Government Code section
						11346.2(d)
						(Register 91, No. 12).
2. Change without regulatory effect amending
						NOTE filed 1-5-2016 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2016, No. 2).
Note: Authority cited: Section
						  1530,
						  Health and Safety Code. Reference: Sections
						  5670
						  and
						  5671,
						  Welfare and Institutions Code; and Sections
						  1501
						  and
						  1502(a)(7),
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 2 - Licensing › Section 81010 - Limitations on Capacity and Ambulatory Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee shall not operate a facility
					 beyond the conditions and limitations specified on the license, including the
					 capacity limitation.
(b) A facility
					 or room approved for ambulatory clients only shall not be used by nonambulatory
					 clients.
(1) A client whose condition becomes
					 nonambulatory shall not use rooms or areas restricted to ambulatory
					 clients.
(2) The licensing agency
					 shall have the authority to require clients who use ambulatory sections of the
					 facility to demonstrate that they are ambulatory.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 2 - Licensing › Section 81011 - Advertisements and License Number

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Licensees shall reveal each facility
					 license number in all advertisements in accordance with Health and Safety Code
					 section
					 1514.
(b) Correspondence shall be considered a form
					 of advertisement if the intent is to attract clients.
(c) Licensees that operate more than one
					 facility and use a common advertisement for these facilities shall be required
					 to list each facility license number in accordance with Health and Safety Code
					 section
					 1514.
1. Change
						without regulatory effect adopting new section filed 1-5-2016 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2016, No. 2).
Note: Authority cited: Section
						  1530,
						  Health and Safety Code. Reference: Sections
						  5670
						  and
						  5671,
						  Welfare and Institutions Code; and Section
						  1514,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 2 - Licensing › Section 81012 - False Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
					 licensee, officer, or employee of a licensee shall make or disseminate any
					 false or misleading statement regarding the facility or any of the services
					 provided by the facility.
(b) No
					 licensee, officer, or employee of a licensee shall alter a license, or
					 disseminate an altered license.
1. Change
						without regulatory effect adopting new section filed 1-5-2016 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2016, No. 2).
Note: Authority cited: Section
						  1530,
						  Health and Safety Code. Reference: Sections
						  5670
						  and
						  5671,
						  Welfare and Institutions Code; and Sections
						  1501,
						  1508
						  and
						  1531,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 3 - Applications Procedures › Section 81017 - Non-Discrimination of Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any adult shall be permitted to apply for
					 a license regardless of age, sex, race, religion, color, political affiliation,
					 national origin, disability, marital status, actual or perceived sexual
					 orientation, gender identity, HIV status, or ancestry.
1. Change
						without regulatory effect adopting new section filed 1-5-2016 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2016, No. 2).
Note: Authority cited: Section
						  1530,
						  Health and Safety Code. Reference: Sections
						  5670
						  and
						  5671,
						  Welfare and Institutions Code; Section
						  51, Civil Code;
						  and Section
						  1520,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 3 - Applications Procedures › Section 81018 - Application for License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
					 adult, firm, partnership, association, corporation, county, city, public agency
					 or other governmental entity desiring to obtain a license shall file with the
					 licensing agency a verified application on forms furnished by the licensing
					 agency.
(b) Prior to filing an
					 application, the applicant shall attend an orientation designed for the social
					 rehabilitation facility category and provided by the licensing agency.
(1) The orientation shall cover, but not be
					 limited to, the following areas:
(A)
					 Completion of the application for license.
(B) Scope of operation subject to regulation
					 by the Department.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 3 - Applications Procedures › Section 81019 - Criminal Record Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Department shall conduct a criminal record review of all individuals
					 specified in Health and Safety Code section
					 1522(b),
					 and shall have the authority to approve or deny a facility license, or
					 employment, residence, or presence in the facility, based upon the results of
					 such review.
(b) The following
					 persons are exempt from the requirement to submit fingerprints:
(1) A medical professional, as defined by the
					 Department in regulations, who holds a valid license or certification from the
					 individual's governing California medical care regulatory entity and who is not
					 employed, retained, or contracted by the licensee, if all of the following
					 apply:
(A) The criminal record of the
					 individual has been cleared as a condition of licensure or certification by the
					 individual's California medical care regulatory entity.
(B) The individual is providing time-limited
					 specialized clinical care or services.
(C) The individual is providing care or
					 services within the individual's scope of practice.
(D) The individual is not a community care
					 facility licensee or an employee of the facility.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 3 - Applications Procedures › Section 81019.1 - Criminal Record Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department will notify a licensee to
					 act immediately to remove from the facility or bar from entering the facility
					 any person described in Sections
					 81019.1(a)(1) through
					 (a)(5) below while the Department considers
					 granting or denying an exemption. Upon notification, the licensee shall comply
					 with the notice.
(1) Any person who has been
					 convicted of, or is awaiting trial for, a sex offense against a
					 minor;
(2) Any person who has been
					 convicted of a felony;
(3) Any
					 person who has been convicted of an offense specified in Sections
					 243.4,
					 273a,
					 273d,
					 273g, or
					 368 of the
					 Penal Code or any other crime specified in Health and Safety Code section
					 1522(c)(3);
(4) Any person who has been convicted of any
					 crime specified below:
(A) Battery
(B) Shooting at Inhabited Dwelling
(C) Corporal Injury on
					 Spouse/Cohabitant
(D) Discharging
					 Firearm with Gross Negligence
(E)
					 Exhibiting Weapon/Firearm
(F)
					 Threat to Commit a Crime Resulting in Gross Bodily Injury or Death
(G) Criminal Threat to Harm or Injure Another
					 Person
(H) Cruelty to
					 Animals
(I) Willful Harm or Injury
					 to Child;
(5) Any other
					 person ordered to be removed by the Department.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 3 - Applications Procedures › Section 81020 - Fire Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 A social rehabilitation facility shall secure and maintain a fire clearance
					 approved by the city or county fire department, the district providing fire
					 protection services, or the State Fire Marshal.
(1) The request for fire clearance shall be
					 made through and maintained by the licensing agency.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 3 - Applications Procedures › Section 81021 - Water Supply Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 A social rehabilitation facility where water for human consumption is from a
					 private source shall meet the following requirements:
(1) As a condition of initial licensure, the
					 applicant shall provide evidence of an onsite inspection of the source of the
					 water and a bacteriological analysis which establishes the safety of the water,
					 conducted by the local health department, the State Department of Public Health
					 or a licensed commercial laboratory.
(2) Subsequent to initial licensure, the
					 licensee shall provide evidence of a bacteriological analysis of the private
					 water supply as frequently as is necessary to ensure the safety of the clients,
					 but no less frequently than specified in the following table:
Licensed
								Capacity
Analysis
								Required
Periodic Subsequent Analysis
6 or fewer
Initial licensing
Not
								required unless evidence supports the need for such analysis to protect
								clients.
7 through 15
Initial
								licensing
Annually
16 through 24
Initial
								licensing
Semiannually
25 or more
Initial
								licensing
Quarterly
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 3 - Applications Procedures › Section 81023 - Disaster and Mass Casualty Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each licensee shall have and maintain on
					 file a current, written disaster and mass casualty plan of action.
(b) The plan shall be subject to review by
					 the licensing agency and shall include:
(1)
					 Designation of administrative authority and staff assignments.
(2) Contingency plans for action during
					 fires, floods, and earthquakes, including but not limited to the following:
(A) Means of exiting.
(B) Transportation arrangements.
(C) Relocation sites which are equipped to
					 provide safe temporary accommodation for clients.
(D) Arrangements for supervision of clients
					 during evacuation or relocation, and for contact after relocation to ensure
					 that relocation has been completed as planned.
(E) Means of contacting local agencies,
					 including but not limited to the fire department, law enforcement agencies, and
					 civil defense and other disaster authorities.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 3 - Applications Procedures › Section 81024 - Waivers and Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Unless prior written licensing agency approval is received as specified in
					 Section 81024(b) below,
					 all licensees shall maintain continuous compliance with the licensing
					 regulations.
(b) The licensing
					 agency shall have the authority to approve the use of alternate concepts,
					 programs, services, procedures, techniques, equipment, space, personnel
					 qualifications or staffing ratios, or the conduct of experimental or
					 demonstration projects under the following circumstances:
(1) Such alternatives shall be carried out
					 with provisions for safe and adequate services, and shall in no instance be
					 detrimental to the health and safety of any facility client.
(2) The applicant or licensee shall submit to
					 the licensing agency a written request for a waiver or exception, together with
					 substantiating evidence supporting the request.
(3) The licensing agency shall provide
					 written approval or denial of the request.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 3 - Applications Procedures › Section 81025 - Bonding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee
					 shall submit an affidavit, on a form provided by the licensing agency, stating
					 whether he/she safeguards or will safeguard cash resources of clients; and the
					 maximum amount of cash resources to be safeguarded for all clients, or for each
					 client in any month.
(b) All
					 licensees, other than governmental entities, who are entrusted to care for and
					 control clients' cash resources shall file or have on file with the licensing
					 agency, a bond issued by a surety company to the State of California as
					 principal.
(c) The amount of the
					 bond shall be according to the following schedule:
Amount Safeguarded per
								Month
Bond Required
$750 or less
$1,000
$751 to $1,500
$2,000
$1,501 to $2,500
$3,000
Every further increment of $1,000 or fraction thereof
						shall require an additional $1,000 on the bond.
(d) The licensee shall submit a new affidavit
					 and bond to the licensing agency prior to the licensee safeguarding amounts of
					 clients' cash resources in excess of the current bond.
(e) Whenever the licensing agency determines
					 that the amount of the bond is insufficient to provide necessary protection of
					 clients' cash resources, or whenever the amount of any bond is impaired by any
					 recovery against the bond, the licensing agency shall have the authority to
					 require the licensee to file an additional bond in such amount as the licensing
					 agency determines to be necessary to protect clients' cash resources.
(f) The provisions of this section shall not
					 apply if the licensee meets the requirements specified in Section
					 1560
					 of the Health and Safety Code.
1. Change
						without regulatory effect adopting new section filed 1-5-2016 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2016, No. 2).
Note: Authority cited: Section
						  1530,
						  Health and Safety Code. Reference: Sections
						  5670
						  and
						  5671,
						  Welfare and Institutions Code; and Sections
						  1560
						  and
						  1561,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 3 - Applications Procedures › Section 81026 - Safeguards for Cash Resources, Personal Property, and Valuables

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee
					 shall not be required to admit or continue to care for any client whose
					 incapacities, as documented by the initial or subsequent needs appraisals,
					 would require the licensee to handle such client's cash resources.
(b) If such a client is admitted for or
					 maintained in care, his/her cash resources, personal property, and valuables
					 not handled by a person outside the facility who has been designated by the
					 client or his/her authorized representative shall be handled by the licensee or
					 facility staff, and shall be safeguarded in accordance with the requirements
					 specified in Section
					 81026(c) through
					 (n) below.
(c) Except where provided for in approved
					 continuing care agreements, no licensee or employee of a licensee shall:
(1) accept appointment as a guardian or
					 conservator of the person and/or estate of any client;
(2) accept any general or special power of
					 attorney except for Medi-Cal or Medicare claims for any client;
(3) become the substitute payee for any
					 payments made to any client.
(A) This
					 requirement does not apply to a licensee who is appointed by the Social
					 Security Administration as representative payee for the
					 client.
(4) become the
					 joint tenant on any account specified in Section
					 81026(i) with a
					 resident.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 3 - Applications Procedures › Section 81027 - Initial Application Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 90 days of receipt of the
					 application by the licensing agency, the licensing agency shall give written
					 notice to the applicant of one of the following:
(1) The application is complete.
(2) The application is deficient, describing
					 what documents are outstanding and/or inadequate, and informing the applicant
					 that the information must be submitted within 30 days of the date of the
					 notice.
(A) If the applicant does not submit
					 the required information within the 30 days, the application shall be deemed
					 withdrawn unless either the licensing agency has denied the application or the
					 facility is under construction.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 3 - Applications Procedures › Section 81028 - Capacity Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A license shall be issued for a specific
					 capacity.
(b) The number of persons
					 for whom the facility is licensed to provide care and supervision shall be
					 determined on the basis of the application review by the licensing agency,
					 which shall take into consideration the following:
(1) The fire clearance specified in Section
					 81020.
(2) The licensee's/administrator's ability to
					 comply with applicable law and regulation.
(3) Any other household members, including
					 but not limited to persons under guardianship or conservatorship, who reside at
					 the facility and their individual needs.
(4) Physical features of the facility,
					 including available living space, which are necessary in order to comply with
					 regulations.
(5) Number of
					 available staff to meet the care and supervision needs of the
					 clients.
(6) Any restrictions
					 pertaining to a social rehabilitation facility.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 3 - Applications Procedures › Section 81029 - Withdrawal of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 An applicant shall have the right to withdraw an application.
(1) Such withdrawal shall be in
					 writing.
(2) The fee for processing
					 the application shall be forfeited.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 3 - Applications Procedures › Section 81030 - Provisional License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 licensing agency shall have the authority to issue a provisional license to an
					 applicant, pending action under Sections
					 81031 or
					 81040 on a completed application
					 for an initial license, if it determines that all of the following
					 circumstances exist:
(1) The facility is in
					 substantial compliance with applicable law and regulation.
(2) An urgent need for licensure
					 exists.
(3) A corporate applicant's
					 board of directors, executive director and officer are eligible for licensure
					 as specified in Health and Safety Code section
					 1520.11(b).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 3 - Applications Procedures › Section 81031 - Issuance of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within 90 days of the date that a completed application, as defined in Section
					 81001(c)(10), has
					 been received, the licensing agency shall give written notice to the applicant
					 of one of the following:
(1) The application
					 has been approved.
(2) The
					 application has been denied.
(A) The notice
					 of denial shall include the information specified in Section
					 81040.