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 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76233 - 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
				  1150, 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 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76235 - 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. Such suspension shall be 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 partnership, corporation or other association, the Director
				  may suspend the license 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 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76237 - 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.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Section
						1297,
						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 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76239 - 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.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Sections
						1276
						and
						1300,
						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 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76240 - Conviction of Crime: Standards for Evaluating Rehabilitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When considering the denial, suspension or revocation of a
					 license based on the conviction of a crime in accordance with Section
					 1265.1
					 or
					 1294
					 of the Health and Safety Code, the following criteria shall be considered in
					 evaluating rehabilitation:
(1) The
				  nature and the seriousness of the crime(s) under consideration.
(2) Evidence of conduct subsequent to the
				  crime which suggests responsible or irresponsible character.
(3) The time which has elapsed since
				  commission of the crime(s) or conduct referred to in subdivision (1) or
				  (2).
(4) The extent to which the
				  applicant has complied with any terms of parole, probation, restitution, or any
				  other sanction lawfully imposed against the applicant.
(5) Any rehabilitation evidence submitted by
				  the applicant.
1. New
					 section filed 9-13-84; effective thirtieth day thereafter (Register 84, No.
					 37).
Note: Authority cited: Sections
						208(a),
						1265.2
						and
						1275,
						Health and Safety Code. Reference: Sections
						1265.1,
						1265.2
						and
						1294,
						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 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76241 - Bonds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each licensee
				  shall file or have on file with the Department a bond issued by a surety
				  company authorized to do business in California if the licensee is handling or
				  will handle money in the amount of $25 or more per client or $500 or more for
				  all clients in any month. The amount of the bond shall be according to the
				  following schedule:
(1)
Amount Handled
Bond Required
$750 or
							 less............................................
...............$1,000
$751 to
							 $1,500.......................................
...............$2,000
$1,501 to
							 $2,500....................................
...............$3,000
(2)
				  Every further increment of $1,000 or fraction thereof shall require an
				  additional $1,000 on the bond.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76301 - Required Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Intermediate care facilities for the developmentally disabled shall provide as
				  a minimum, but not be limited to, the following required services:
				  developmental program, health support, food and nutrition and pharmaceutical
				  services.
(b) Each client shall be
				  provided additional professional services including but not limited to physical
				  therapy, occupational therapy, psychological, social and speech and audiology
				  services as recommended by the interdisciplinary team and in accordance with
				  each client's individual program plan.
(c) If diagnostic and therapeutic services
				  are not provided in the facility, written arrangements shall be made for
				  obtaining all necessary diagnostic and therapeutic services prescribed by the
				  attending physician, podiatrist, dentist, clinical psychologist or
				  interdisciplinary team subject to the scope of licensure and the policies of
				  the facility. If the service cannot be brought into the facility, the facility
				  shall assist the client, if necessary, in arranging for transportation to and
				  from the service location.
(d)
				  Arrangements shall be made for one or more physicians to be called in an
				  emergency and their telephone numbers shall be prominently posted in a
				  conspicuous place in each health support area.
(e) Client care provided by all team members
				  shall be safe and considerate as ordered or indicated by the needs of the
				  client and in accordance with acceptable standards of practice.
(f) Nonphysician medical practitioners shall
				  be permitted to render such medical services for which they are legally
				  authorized and which have been approved by the medical staff, or if there is no
				  organized medical staff, by the director of physician services and the
				  Department. Nonphysician medical practitioners means:
(1) Physician's Assistant.
(2) Registered Nurse in the Expanded
				  Role.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76303 - Discharge Planning

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  facility shall designate a member of the staff, as a client discharge planning
				  coordinator to ensure that each client has a planned program for continuing
				  care.
(1) This person shall be a member of
				  the client's interdisciplinary team required by Section
				  76311.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76305 - Developmental Program Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Developmental program services" means the facilitating of
					 the individual's growth and ability to cope with social, emotional,
					 psychological and physical disabilities, to reestablish independence and to
					 attain optimal potential. Each client shall participate in programs specified
					 in the individual program plan.
Note: Authority cited: Section
						208(a),
						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 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76307 - Developmental Program Services-Program Approval for Developmental Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A facility
				  shall submit for review by the Department's Headquarters Review and Approval
				  team a facility program plan for providing developmental program
				  services.
(b) If the program plan
				  is approved by the review team, the facility shall be notified in
				  writing.
(c) If the program plan is
				  disapproved by the review team, the facility shall be notified in writing
				  identifying specific components of the plan that need to be clarified or
				  corrected. The facility may then submit a revised plan to the review
				  team.
Note: Authority cited: Section
						208(a),
						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 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76309 - Developmental Program Services-Facility Program Plan Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
				  requirements shall be met if the facility is to be approved to provide services
				  to developmentally disabled individuals.
(b) A facility program plan for providing
				  program services shall be developed and submitted to the Department for
				  approval initially and annually thereafter. The facility plan shall include:
(1) Staffing level range, either A or B,
				  which the facility will offer.
(2)
				  Number of eligible clients.
(3) A
				  profile of the client population using the standard evaluation form specified
				  by the Department of Developmental Services.
(4) A summary of specifically identified
				  client needs and grouping criteria.
(5) Description of the specific program
				  elements.
(6) A week's program
				  schedule for a representative 10 percent sample of the clients in facilities of
				  1-99 beds and 5 percent sample of the clients in facilities of 100 beds or
				  more.
(7) The facility program
				  staffing pattern including:
(A) Organizational
				  chart of program staff.
(B)
				  Multidisciplinary professional staff utilized by discipline and hours per
				  week.
(8) Description of
				  space provided for program elements.
(9) Description of equipment available or to
				  be obtained for program use.
(10)
				  In-service training program plan for at least the next six months.
(11) Plan for utilization of community
				  resources.
(12) Provisions for
				  accomplishing the following:
(A) An initial
				  assessment of each client to identify the current level of needs and function.
				  The assessment shall be standardized on forms approved by the Department of
				  Developmental Services.
(B) An
				  individual program plan developed by the interdisciplinary team and under the
				  direction of a qualified mental retardation professional.
(C) A written reassessment of program needs,
				  and client progress at least every six months.
(13) A plan for behavior modification
				  program, if used, as defined in Section
				  76331.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76311 - Developmental Program Services-Interdisciplinary Team

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The interdisciplinary team shall be
				  composed of the client, member of the client's family, unless their
				  participation has been determined to be inappropriate: those persons who work
				  directly with the client in each of the professions, disciplines or service
				  areas that provide service to the client, including direct care staff, the
				  client's attending physician, podiatrist or clinical psychologist subject to
				  the scope of licensure and the policies of the facility, the registered nurse
				  in charge of nursing services, the program director or qualified mental
				  retardation professional, and members of the multidisciplinary professional
				  staff; and any other persons whose participation is relevant to identifying the
				  needs of the client and to devising ways to meet those needs.
(b) The interdisciplinary team shall be
				  responsible for the development of the client's individual program
				  plan.
(c) Members of the
				  interdisciplinary team shall participate in the interdisciplinary team meetings
				  when their attendance is appropriate to the client's needs.
1. Amendment
					 filed 2-8-83; designated effective 3-2-83 (Register 83, No.
					 7).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Sections
						1276,
						1316
						and
						1316.5,
						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 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76313 - Developmental Program Services-Client Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A client assessment shall be completed
				  within 30 days following admission and annually thereafter. The assessment
				  shall be on a form approved by the Department. The assessment shall be by a
				  client's interdisciplinary team, including members of the direct care staff and
				  at least one representative of the regional centers or Continuing Care Services
				  Branch of the Department of Developmental Services. In the case of state
				  hospitals, a designee may be substituted for regional center or Continuing Care
				  Services Branch staff. The assessment shall include:
(1) A review and updating of the preadmission
				  evaluation.
(2) Identification of
				  the client's developmental status which includes problems, disabilities,
				  developmental strengths and weaknesses, client's service needs and placement
				  potential which provide the basis for formulating an appropriate program for
				  the client.
(3) A written
				  evaluation stated in terms of goals and objectives.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76315 - Developmental Program Services-Individual Program Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each client shall have an individual
				  program plan that:
(1) Is completed within 30
				  days following admission.
(2) Is
				  developed with the use of comprehensive assessment data.
(3) Is developed by an interdisciplinary
				  team, including the participation of direct care staff; all relevant agency
				  staff members; staff or other agencies involved in serving the client; and the
				  client and the client's parents if the client is a minor, or the client's
				  authorized representative when appropriate.
(4) Identifies the client's developmental,
				  social, behavioral, recreational and physical needs.
(5) Includes established prioritized
				  objectives, written in behavioral terms, that are measurable and time limited,
				  for meeting the identified needs.
(6) Identifies the method and frequency of
				  evaluation.
(7) Includes a daily
				  program schedule which specifies:
(A) Time
				  and duration of all activities of daily living.
(B) Time, duration and location of all
				  specified programs.
(C) Time,
				  duration and location of all recreational activities.
(8) Specifies the persons and agencies
				  responsible for implementing and coordinating the plan.
(9) Is available to direct care staff in each
				  living unit.
(10) Is interpreted to
				  or made available to the client and the client's family unless the adult client
				  or the authorized representative objects.
(11) Is reviewed by a member or members of an
				  interdisciplinary team at least monthly, with documentation of the review
				  entered into the client record.
(12) Is reviewed and updated by the
				  interdisciplinary team semiannually, and the result documented in the record.
				  The result of the review shall be interpreted to the client and the client's
				  family unless the adult client or authorized representative objects. This
				  review shall include consideration of the advisability of continued residence
				  and alternative programs.
(13)
				  Includes, when release is anticipated, plans for appropriate services,
				  including indicating agencies or persons responsible for those follow-up
				  services, in the client's new environment. Procedures shall be established so
				  that parents, guardians or authorized representatives who request the release
				  of a client are counseled concerning the advantages and disadvantages of
				  release.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76316 - Developmental Program Services-Grouping Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Clients of grossly different ages,
				  developmental levels and social needs shall not be housed in close physical or
				  social proximity, unless such housing is planned to promote the growth and
				  development of all those housed together.
(b) Clients shall be integrated with peers of
				  comparable social and intellectual development and shall not be segregated on
				  the basis of their handicaps unless such segregation is planned to promote the
				  growth and development of all those grouped together.
Note: Authority cited: Section
						208(a),
						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 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76317 - Developmental Program Services-Program Elements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The facility shall have the capability to
				  provide program services usually required by persons with developmental
				  disabilities. However, actual programs provided to clients shall be based on
				  the specific needs identified through client assessments. These programs
				  include:
(1) Sensory motor development
				  training programs such as:
(A) Visual
				  stimulation.
(B) Auditory
				  stimulation.
(C) Tactile
				  stimulation.
(D) Kinesthetic
				  stimulation.
(E) Laterality and
				  directionality training.
(F) Large
				  and small muscle stimulation.
(G)
				  Balance and postural training.
(H)
				  Training in the developmental skills which precede
				  ambulation.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76319 - Developmental Program Services-Recreational Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Recreational services shall be
				  coordinated with other services and programs provided to clients.
(b) Each facility shall designate a
				  recreational activities leader to implement the recreational activities plan
				  for each client.
(c) The
				  recreational activities leader shall have:
(1)
				  A bachelor's degree in recreation, or a related field, such as art therapy,
				  music therapy, dance therapy or occupational therapy, or
(2) An associated degree in recreation, or a
				  related field, and one year of experience in recreational activities,
				  or
(3) A high school diploma, or an
				  equivalency certificate, and two years experience in recreational activities,
				  or one year of experience in recreational activities plus completion of
				  comprehensive in-service training in recreational activities, or
(4) Demonstrated proficiency and experience
				  in conducting recreational activities in one or more program
				  areas.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76321 - Developmental Program Services-Client Mobility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All clients including
				  multiple-handicapped and nonambulatory clients shall:
(1) Spend a major portion of their waking day
				  out of bed.
(2) Spend a normal
				  portion of their waking day out of their bedroom areas.
(3) Be mobile wherever possible by use of
				  various methods and devices.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76323 - Developmental Program Services-Health, Hygiene and Grooming

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each client shall be encouraged and
				  assisted to achieve and maintain maximum independence in health, hygiene and
				  grooming including bathing, brushing teeth, shampooing, combing and brushing
				  hair, shaving, dressing, undressing and caring for toenails and
				  fingernails.
(b) Each client shall
				  show evidence of complete personal hygiene and grooming and shall be free of
				  offensive odors.
(c) Each client
				  shall have his or her own personal toilet articles.
(d) Each client shall have an allowance of
				  neat, clean, suitable, age appropriate and seasonable clothing to meet his or
				  her needs.
(e) Clients shall have
				  their own clothing which is properly and inconspicuously marked when
				  necessary.
(f) Clients shall be
				  dressed daily in their own clothing, suitable to the activities in which they
				  are participating.
(g) Clients
				  shall be taught and encouraged to, as appropriate:
(1) Select their daily clothing.
(2) Dress themselves.
(3) Change their clothes to suit the
				  activities in which they participate.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76325 - Developmental Program Services-Types of Restraints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Only the following types of restraints
				  shall be used and are defined as:
(1)
				  "Physical restraint" means restraint to control an acutely disturbed person to
				  prevent the person from causing harm to self or others. This may be
				  accomplished by means of a wide piece of muslin placed over the body, mittens,
				  soft ties or a jacket consisting of sleeveless cloth webbing. A physical
				  restraint can be of the hands, body or feet separately or in combination. The
				  tying of hands or feet, whether or not the person is simultaneously restrained
				  in a bed, chair or wheelchair shall be considered a physical restraint. Totally
				  enclosed cribs and barred enclosures are also considered to be physical
				  restraints.
(2) "Chemical
				  restraint" means the use of psychotropic or behavior-modifying drugs used to
				  prevent a client from exhibiting an identified maladaptive behavior.
(3) "Treatment restraint" means the use of
				  restraint during medically prescribed treatment or diagnostic procedures such
				  as, but not limited to, intravenous therapy, tube feeding or catheterization.
				  This may be accomplished by soft ties only, so as not to cause
				  harm.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76327 - Developmental Program Services-Restraints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Restraints shall only be used as measures
				  to protect the client from injury to self or others and only upon a physician's
				  or clinical psychologist's written or telephone order. Telephone orders shall
				  be received only by authorized licensed personnel, shall be recorded
				  immediately in the client's record and shall be signed by the prescriber within
				  48 hours. Restraint shall not be used as punishment, as a substitute for more
				  effective programming or for the convenience of the staff.
(b) Orders for physical restraints shall be
				  in force for not longer than 12 hours.
(c) Orders for treatment restraints shall be
				  in force for not longer than seven days.
(d) There shall be no PRN orders for physical
				  or treatment restraints.
(e) The
				  client's record shall include a recording with justification and authorization
				  of all periods of restraint.
(f)
				  Seclusion, which is defined as the placement of a client alone in a locked room
				  shall not be employed.
(g) A
				  restraint shall not be confused with a postural support as defined in Section
				  76335.
(h) No restraint with locking devices shall
				  be used or be available for use.
1. Amendment
					 filed 2-8-83; designated effective 3-2-83 (Register 83, No.
					 7).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						Health and Safety Code. Reference: Sections
						1276
						and
						1316.5,
						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 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76329 - Developmental Program Services-Application of Restraints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In the use of physical restraints, each
				  of the following requirements shall be met:
(1) Physical restraint shall be used only as
				  an integral part of an individual program plan that is designed by an
				  interdisciplinary team to lead to a less restrictive way of managing, and
				  ultimately to the elimination of, the behavior for which the restraint is
				  applied.
(2) Each program plan
				  utilizing restraint shall specify the behavior to be eliminated, the method to
				  be used, the schedule for use of the method, the person responsible for the
				  program and the data that are to be collected in order to assess progress
				  toward the objectives.
(3)
				  Restraints shall be applied in a manner so that they can be speedily removed in
				  case of fire or other emergency.
(4) A client placed in restraint shall be
				  checked at least every 30 minutes by program staff to assure that the restraint
				  is properly applied. A record shall be kept of these checks.
(5) Physical restraints shall be designed and
				  used in such a way as not to cause physical injury to the client and to insure
				  the least possible discomfort to the clients. Opportunity for motion and
				  exercise shall be provided for a period of not less than 10 minutes during each
				  2 hours in which restraint is applied. The exercise periods shall be documented
				  in the client's record.
(6) Clients
				  shall be restrained only in an area that is under direct observation of staff
				  and shall be afforded protection from other clients who may be in the
				  area.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76331 - Developmental Program Services-Behavior Modification Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In all client
				  programs designed to change or maintain client behavior, the major emphasis
				  shall be on the use of positive reinforcement, and any treatment plan using
				  aversive techniques shall also provide for positive reinforcement. Behavior
				  modification programs involving the use of time-out devices or the use of
				  aversive stimuli shall be:
(1) Reviewed and
				  approved by the Human Rights Committee.
(2) Conducted only with the written, informed
				  consent of the client, whenever possible, or parents, if the client is a minor,
				  or the client's authorized representative.
(3) Described in the individual program
				  plan.
(4) Restricted when time-out
				  procedures are used to periods of not more than one hour and only during
				  conditioning sessions in the presence of the program personnel. For the
				  purposes of this section "time-out" means removal of a client from specified
				  activities for a specific period of time.
(5) In accordance with Department approval
				  pursuant to Section
				  76309.
(6) Conducted only by staff who have received
				  documented training in behavior modification.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76333 - Developmental Program Services-Client Abuse

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Clients shall not be subjected to corporal or unusual
					 punishment, humiliation or verbal or mental abuse. A behavior modification
					 program carried out in compliance with Section
					 76331 is not considered client
					 abuse.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Sections
						1276
						and
						1277,
						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 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76335 - Developmental Program Services-Postural Supports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Postural supports mean devices other than
				  orthopedic braces used to assist clients to achieve proper body position and
				  balance. Postural supports may only include soft ties, seat belts, spring
				  release trays or cloth sheeting and shall only be used to improve a client's
				  mobility and independent functioning, rather than restrict movement. These
				  devices shall not be considered restraints.
(b) Postural supports shall be applied in a
				  manner so that they can be speedily removed in case of fire or other
				  emergency.
(c) Postural supports
				  may be ordered by the interdisciplinary team. The type of support and the
				  method of applying it shall be specified in the individual program
				  plan.
(d) Postural supports shall
				  be designed and applied:
(1) Under the
				  supervision of a qualified professional person.
(2) In accordance with principles of good
				  body alignment, with concern for circulation and allowance for change of
				  position.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76337 - Developmental Program Services-Staffing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Qualified personnel and necessary
				  supporting staff to carry out the programs shall be available.
(b) The facility shall employ qualified
				  mental retardation professional(s) in the ratio of one (1) hour per client per
				  week. The qualified mental retardation professional(s) shall have the
				  responsibility for supervising the implementation of each client's individual
				  plan of care, integrating the various aspects of the facility's program,
				  recording each client's progress and initiating periodic review of each
				  individual plan of care for necessary modifications or adjustments.
(c) The facility shall provide either through
				  direct employment or by contractual arrangement a multidisciplinary
				  professional staff to assist in the development and implementation of programs
				  and to provide specific training and expertise to the program staff.
(1) The multidisciplinary professional staff
				  shall be composed of at least one person from any three of the following
				  disciplines:
(A) Psychologist.
(B) Recreation therapist.
(C) Occupational therapist.
(D) Physical therapist.
(E) Social worker.
(F) Speech pathologist.
(G) Special education teacher.
(H) Art therapist.
(I) Dance therapist.
(J) Music therapist.
(K) Any other related discipline approved 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 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76339 - Developmental Program Services-Orientation and in-Service Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) There shall be
				  an individual designated to be responsible for staff development and
				  training.
(b) The facility shall
				  ensure that all new staff shall receive at least 4 hours of orientation and
				  training within 60 days of employment. Initial training shall include, but not
				  be limited to the following:
(1) An
				  orientation to special needs and overall concepts of programs including
				  normalization to meet the special needs of the developmentally disabled which
				  shall be provided within the first week of employment.
(2) Orientation and training in specific
				  program techniques being used in the facility to meet the identified program
				  needs of the clients.
(3)
				  Developmental growth and assessment.
(4) Development of an individual program
				  plan.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76341 - Health Support Services-Physician Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Physician services shall mean those
				  services provided by physicians responsible for the medical care of individual
				  clients.
(b) Services provided by
				  the physician shall include but not be limited to:
(1) A physical examination within 5 days
				  prior to admission or within 48 hours following admission.
(2) Client diagnosis.
(3) Continuing supervision by a physician who
				  sees the client as needed and in no case less often than every 60
				  days.
(4) Annual physical
				  examinations which shall include:
(A)
				  Examination of vision and hearing.
(B) Routine screening laboratory examinations
				  as determined necessary by the physician and special studies when the index of
				  suspicion is high.
(5)
				  Immunizations, using as a guide the recommendations of the United States Public
				  Health Service Advisory Committee on Immunization Practices and of the
				  Committee on the Control of Infectious Disease of the American Academy of
				  Pediatrics.
(6)
				  Electroencephalographic services shall be available as necessary.
(7) Provision of emergency medical services
				  in the facility as necessary.
(8)
				  Referral of specialty consultation, as appropriate.
(9) Preventive health services to clients,
				  which shall mean the prompt detection and referral of health problems through
				  medical surveillance, periodic inspection and regular medical
				  examination.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76343 - Physician Services-Director of Physician Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The facility shall have a physician who
				  shall be responsible for standards of medical care, coordination, surveillance
				  and planning for improvement of medical care in the facility.
(b) The physician:
(1) Shall act as a liaison between
				  administration and attending physicians.
(2) Shall be responsible for reviewing and
				  evaluating policies and procedures to assure clinical practice of the highest
				  quality.
(3) Shall act as a
				  consultant to the registered nurse responsible for nursing services as they
				  relate to client care services.
(4)
				  Shall be responsible for ascertaining that employees receive their
				  preemployment and annual health examinations.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76345 - Health Support Services-Nursing Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Facilities shall provide nursing services
				  in accordance with the needs of the clients for the purpose of:
(1) Development and maintenance of an
				  environment that will meet their total health needs.
(2) Assistance in achieving and maintaining
				  optimal health.
(3) Encouragement
				  of maximum self-care and independence.
(4) Training in habits of personal hygiene,
				  family life, sex education (including family planning and venereal disease
				  counseling).
(5) Control of
				  communicable diseases and infections through:
(A) Identification and assessment.
(B) Reporting to medical
				  authorities.
(C) Implementation of
				  appropriate protective and preventive measures.
(6) Development of a written plan for each
				  client to provide for nursing services as a part of the individual program plan
				  total habilitation program.
(7)
				  Modification of the nursing section of the individual program plan in terms of
				  the client's daily needs at least every six months.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76349 - Nursing Services-Standing Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Standing orders for medications and treatments shall not be
					 used.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Sections
						1276
						and
						1277,
						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 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76351 - Nursing Service-Nurse Assistant Training and Certification. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 7-16-91 as an emergency; operative 7-16-91 (Register 91, No. 46). A
					 Certificate of Compliance must be transmitted to OAL by 11-13-91 or emergency
					 repeal will be reinstated by operation of law on the following
					 day.
2. Repealer refiled 11-14-91 as an emergency; operative
					 11-13-91 (Register 92, No. 8). A Certificate of Compliance must be transmitted
					 to OAL 3-12-92 or emergency language will be repealed by operation of law on
					 the following day.
3. Editorial correction of HISTORY 2. filed and
					 repealer refiled 5-6-92 as an emergency; operative 5-6-92 (Register 92, No.
					 20). A Certificate of Compliance must be transmitted to OAL 9-3-92 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 5-6-92 order transmitted to
					 OAL 8-27-92 and filed 10-9-92 (Register 92, No.
					 41).
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Sections
						1337
						through
						1338.3,
						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 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 3 - Services › Section 76357 - Health Support Services-Dental Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Dental services are those services provided by dental staff
					 for the purpose of maintaining daily oral health through preventive measures
					 and for the correction of existing oral diseases.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Section
						1276,
						Health and Safety Code.