reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 4 - Operating Requirements › Section 87233 - Term of an Initial or Renewal License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering Section
					 87422 to Section
					 87233 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Register 88, No. 34.
2. Change
					 without regulatory effect repealing section filed 6-29-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 26).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Section
						1569.19,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 4 - Operating Requirements › Section 87234 - Application for Renewal of License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering Section
					 87418 to Section
					 87234 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Register 88, No. 34.
2. Editorial
					 correction (Register 95, No. 44).
3. Change without regulatory
					 effect repealing section filed 6-29-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 26).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.15
						and
						1569.19,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 4 - Operating Requirements › Section 87235 - Resubmission of Application. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering Section
					 87416 to Section
					 87235 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Register 88, No. 34.
2. Editorial
					 correction of subsection (a)(5) (Register 95, No. 44).
3. Change
					 without regulatory effect amending subsection (a)(3) filed 6-29-2001 pursuant
					 to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 26).
4. Change without regulatory
					 effect renumbering section
					 87235 to new section
					 87161 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.3,
						1569.10,
						1569.11,
						1569.15
						and
						1569.19,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 4 - Operating Requirements › Section 87236 - Conditions for Forfeiture of a Residential Care Facility for the Elderly License. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-9-91; operative 11-8-91 (Register 92, No. 8).
2.
					 Change without regulatory effect renumbering former section
					 87236 to section
					 87112 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference 1569.19, Health and Safety
						Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 4 - Operating Requirements › Section 87300 - Serious Deficiencies-Examples

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering Section
					 87300 to Section
					 87451 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Register 88, No. 25.
2. Change
					 without regulatory effect removing article 4 heading filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10). For prior history of sections
					 87302-87311, see Register 88, No.
					 34 and Register 88, No. 49.
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Section
						1534,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 5 - Physicial Environment and Accommodations › Section 87303 - Maintenance and Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The facility shall be clean, safe, sanitary and in good repair at all times.
				  Maintenance shall include provision of maintenance services and procedures for
				  the safety and well-being of residents, employees and visitors.
(1) Floor surfaces in bath, laundry and
				  kitchen areas shall be maintained in a clean, sanitary, and odorless
				  condition.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 5 - Physicial Environment and Accommodations › Section 87305 - Alterations to Existing Buildings or New Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to construction or alterations, all
				  facilities shall obtain a building permit.
(b) The licensing agency may require the
				  facility to acquire a local building inspection where the agency determines
				  that a suspected hazard to health and safety exists.
1. Change
					 without regulatory effect renumbering former section
					 87686 to new section
					 87305 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Section
						1569.1,
						1569.31
						and
						1569.312,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 5 - Physicial Environment and Accommodations › Section 87308 - Resident and Support Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Nothing in these regulations shall
				  prohibit the provision of required services from a centralized service facility
				  serving two or more licensed facilities when approved in writing by the
				  licensing agency.
(b)
				  Administrative offices or area shall be maintained in facilities having a
				  capacity of sixteen (16) persons or more, which includes space for business,
				  administration and admission activities, a reception area and restroom
				  facilities which may be used by visitors. Appropriate equipment shall be
				  available, including a telephone. A private office shall be maintained for the
				  administrator or other professional staff as appropriate.
(c) General storage space shall be maintained
				  for equipment and supplies as necessary to ensure that space used to meet other
				  requirements of these regulations is not also used for storage.
1. Change
					 without regulatory effect renumbering Section
					 87308 to Section
					 87455 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Register 88, No. 34.
2. Change
					 without regulatory effect renumbering former section
					 87690 to new section
					 87308, including amendment of
					 NOTE, filed 3-5-2008 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.31
						and
						1569.312,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 5 - Physicial Environment and Accommodations › Section 87309 - Storage Space

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Disinfectants, cleaning solutions, poisons, firearms and other items which
				  could pose a danger if readily available to clients shall be stored where
				  inaccessible to clients.
(1) Storage areas
				  for poisons, and firearms and other dangerous weapons shall be
				  locked.
(2) In lieu of locked
				  storage of firearms, the licensee may use trigger locks or remove the firing
				  pin.
(A) Firing pins shall be stored and
				  locked separately from firearms.
(3) Ammunition shall be stored and locked
				  separately from firearms.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 5 - Physicial Environment and Accommodations › Section 87311 - Telephones

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All facilities shall have telephone service on the
					 premises. Facilities with a capacity of sixteen (16) or more persons shall be
					 listed in the telephone directory under the name of the
					 facility.
1. New
					 section filed 8-17-88; operative 9-16-88 (Register 88, No. 34).
2.
					 Change without regulatory effect renumbering Section
					 87311 to Section
					 87458 filed 11-17-88 (Register 88,
					 No. 49).
3. Change without regulatory effect renumbering former
					 section 87573 to new section
					 87311 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.2,
						1569.31
						and
						1569.312,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 5 - Physicial Environment and Accommodations › Section 87312 - Motor Vehicles Used in Transporting Residents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Only drivers licensed for the type of vehicle operated
					 shall be permitted to transport residents. The rated seating capacity of the
					 vehicles shall not be exceeded. Any vehicle used by the facility to transport
					 residents shall be maintained in a safe operating condition.
1. Change
					 without regulatory effect renumbering former section
					 87574 to new section
					 87312 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.2,
						1569.31
						and
						1569.312,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 5 - Physicial Environment and Accommodations › Section 87340 - Denial of Initial License. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering section
					 87414 to section
					 87340 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Register 88, No. 34.
2. Change
					 without regulatory effect of subsection (b) pursuant to section
					 100, title 1, California Code of
					 Regulations filed 10-31-89 (Register 89, No. 49).
3. New subsection
					 (c) and renumbering and amendment of NOTE filed 1-16-92; operative 1-16-92
					 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 12).
4. Amendment of subsection (c) and amendment
					 of NOTE filed 10-4-2000; operative 11-3-2000 (Register 2000, No.
					 40).
5. Change without regulatory effect amending subsection (d) and
					 amending NOTE filed 6-29-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 26).
6. Change without regulatory
					 effect renumbering former section
					 87340 to section
					 87163 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.1,
						1569.15,
						1569.1515(b),
						1569.17,
						1569.185,
						1569.20,
						1569.21,
						1569.22,
						1569.23(a) and
						(e),
						1569.30,
						1569.485,
						1569.49,
						1569.50,
						1569.51,
						1569.52
						and
						1569.53,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 5 - Physicial Environment and Accommodations › Section 87341 - Denial of a Renewal License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering section
					 87420 to section
					 87341 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Registers 88, No. 34 and 88, No.
					 2.
2. Change without regulatory effect amending lettering and
					 correcting cross-references filed 5-28-91 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 91, No. 28).
3. New subsection (d) and
					 renumbering and amendment of NOTE filed 1-16-92; operative 1-16-92 pursuant to
					 Government Code section
					 11346.2(d)
					 (Register 92, No. 12).
4. Change without regulatory effect repealing
					 section and amending NOTE filed 6-29-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 26).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.15,
						1569.18,
						1569.19,
						1569.20,
						1569.22,
						1569.23,
						1569.30,
						1569.50,
						1569.51,
						1569.52
						and
						1569.615(c),
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 5 - Physicial Environment and Accommodations › Section 87342 - Revocation or Suspension of License. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering Section
					 87116 to Section
					 87342 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Register 88, No. 34.
2. Amendment of
					 subsection (a) and amendment of NOTE filed 10-4-2000; operative 11-3-2000
					 (Register 2000, No. 40).
3. Change without regulatory effect
					 renumbering former section
					 87342 to new section
					 87775 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.1515(c),
						1569.50,
						1569.51,
						1569.52
						and
						1569.53,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 5 - Physicial Environment and Accommodations › Section 87342.1 - Relocation of Resident-General. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of former subsections
					 87582(j)-(j)(4)
					 to new section
					 87342.1 and adoption of section
					 heading and NOTE filed 2-4-93; operative 3-3-93 (Register 93, No.
					 6).
2. Change without regulatory effect renumbering former section
					 87342.1 to section
					 87223 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569,
						1569.1,
						1569.2,
						1569.30,
						1569.31,
						1569.312
						and
						1569.54,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 5 - Physicial Environment and Accommodations › Section 87343 - Licensee Complaints. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering Section
					 87120 to Section
					 87343 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Register 87, No. 47.
2. Change
					 without regulatory effect renumbering former section
					 87343 to new section
					 87757 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Section
						1569.30
						and
						1569.335,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 5 - Physicial Environment and Accommodations › Section 87344 - Inspection Authority of the Licensing Agency. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former section
					 87124 to section
					 87344 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Register 87, No. 47.
2. Editorial
					 correction restoring inadvertently omitted text and correcting HISTORY 1
					 (Register 96, No. 33).
3. Amendment of section heading and section
					 filed 5-9-2005; operative 6-8-2005 (Register 2005, No. 19).
4.
					 Change without regulatory effect renumbering former section
					 87344 to new section
					 87755 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.24,
						1569.33,
						1569.34
						and
						1569.35,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 5 - Physicial Environment and Accommodations › Section 87345 - Evaluation Visit. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering Section
					 87126 to Section
					 87345 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Register 87, No. 47.
2. Amendment
					 filed 5-9-2005; operative 6-8-2005 (Register 2005, No. 19).
3.
					 Change without regulatory effect renumbering former section
					 87345 to new section
					 87756, subsections (a) and (b)
					 filed 3-5-2008 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.11,
						1569.24,
						1569.32,
						1569.33,
						1569.34
						and
						1569.35,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 5 - Physicial Environment and Accommodations › Section 87346 - Exclusions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-4-2000; operative 11-3-2000 (Register 2000, No.
					 40).
2. Change without regulatory effect renumbering former section
					 87346 to new section
					 87777 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.58
						and
						1569.59,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 6 - Background Check › Section 87355 - 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
				  1569.17
				  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) Prior to the
				  Department issuing a license, the applicant, administrator and any adults other
				  than a client, residing in the facility shall have a criminal record clearance
				  or exemption.
(c) A licensee or
				  applicant for a license may request a transfer of a criminal record clearance
				  from one state licensed facility to another, or from TrustLine to a state
				  licensed facility by providing the following documents to the Department:
(1) A signed Criminal Background Clearance
				  Transfer Request, LIC 9182 (Rev. 4/02).
(2) A copy of the individual's:
(A) Driver's license, or
(B) Valid identification card issued by the
				  Department of Motor Vehicles, or
(C) Valid photo identification issued by
				  another state or the United States government if the individual is not a
				  California resident.
(3)
				  Any other documentation required by the Department (e.g., LIC 508, Criminal
				  Record Statement [Rev. 1/03] and job description).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 6 - Background Check › Section 87356 - Criminal Record Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Department shall notify a licensee to act immediately to terminate the
				  employment of, remove from the facility or bar from entering the facility any
				  person described in Sections
				  87356(a)(1) through
				  (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
				  1569.17(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; or
(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 8 - Residential Care Facilities for the Elderly (RCFE) › Article 6 - Background Check › Section 87400 - Exemption from Licensure. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of former subsections (a)(6)-(a)(8) to subsections (a)(7)-(a)(9)
					 and new subsection (a)(6) filed 2-21-86; effective thirtieth day thereafter
					 (Register 86, No. 8).
2. Change without regulatory effect
					 renumbering Section
					 87400 to Section
					 87107 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Registers 88, No. 34. and 86, No.
					 8.
3. Change without regulatory effect removing article 5 heading
					 filed 3-5-2008 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 10). For prior history of sections
					 87402-87424, see Register 88, No.
					 34 and Register 88, No. 49.
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1505
						and
						11834.11,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 7 - Personnel › Section 87405 - Administrator-Qualifications and Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All facilities shall have a qualified and currently certified administrator.
				  The licensee and the administrator may be one and the same person. The
				  administrator shall have sufficient freedom from other responsibilities and
				  shall be on the premises a sufficient number of hours to permit adequate
				  attention to the management and administration of the facility as specified in
				  this section. When the administrator is not in the facility, there shall be
				  coverage by a designated substitute who shall have qualifications adequate to
				  be responsible and accountable for management and administration of the
				  facility as specified in this section. The Department may require that the
				  administrator devote additional hours in the facility to fulfill his/her
				  responsibilities when the need for such additional hours is substantiated by
				  written documentation.
(b) The
				  administrator of a facility or facilities shall have the responsibility and
				  authority to carry out the policies of the licensee.
(c) Failure to comply with all licensing
				  requirements pertaining to certified administrators may constitute cause for
				  revocation of the license of the facility.
(d) The administrator shall have the
				  qualifications specified in Sections
				  87405(d)(1) through
				  (7). If the licensee is also the
				  administrator, all requirements for an administrator shall apply.
(1) Knowledge of the requirements for
				  providing care and supervision appropriate to the residents.
(2) Knowledge of and ability to conform to
				  the applicable laws, rules and regulations.
(3) Ability to maintain or supervise the
				  maintenance of financial and other records.
(4) When applicable, the ability to direct
				  the work of others.
(5) Good
				  character and a continuing reputation of personal integrity.
(6) Have a high school diploma or equivalent,
				  such as a General Education Development (GED) certificate.
(7) Be at least 21 years of
				  age.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 7 - Personnel › Section 87406 - Administrator Certification Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All individuals shall be residential care
				  facility for the elderly certificate holders prior to being employed as an
				  administrator.
(1) Applicants who possess a
				  valid Nursing Home Administrator license, issued by the California Department
				  of Public Health, shall be exempt from completing an approved Initial
				  Certification Training Program and taking a written exam, provided the
				  individual completes twelve (12) hours of classroom instruction in the
				  following Core of Knowledge areas:
(A) Four
				  (4) hours of instruction in laws, regulations, policies, and procedural
				  standards that impact the operations of residential care facilities for the
				  elderly, including but not limited to the authority referenced in this
				  Chapter.
(B) Four (4) hours of
				  instruction in medication management, including the use, misuse, and
				  interaction of drugs commonly used by the elderly, including antipsychotics,
				  and the adverse effects of psychotropic drugs for use in controlling the
				  behavior of persons with dementia.
(C) Four (4) hours of instruction in resident
				  admission, retention, and assessment procedures.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 7 - Personnel › Section 87407 - Administrator Recertification Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Administrators shall complete at least
				  forty (40) classroom hours of continuing education during each two (2)-year
				  certification period, including:
(1) For
				  administrators who renew their administrator certification on or after January
				  1, 2003, at least eight (8) hours in subjects related to serving residents with
				  Alzheimer's Disease and other dementias, including, but not limited to,
				  instruction related to direct care, physical environment, and admissions
				  procedures and assessment.
(A) This
				  instruction may be taken as a single eight (8)-hour class or in smaller
				  increments that total at least eight (8) hours within each two (2)-year renewal
				  period.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 7 - Personnel › Section 87408 - Administrator Certificate Denial or Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department may deny or revoke any
				  administrator certificate on violation of licensing regulations or on any of
				  the following grounds:
(1) The certificate
				  holder or applicant procured or attempted to procure a certificate by fraud,
				  misrepresentation, bribery, or other unlawful behavior.
(2) The certificate holder or applicant
				  knowingly made or gave a false statement or information in conjunction with the
				  application for a certificate.
(3)
				  The Department has issued an exclusion order against the certificate holder
				  pursuant to Health and Safety Code sections
				  1558,
				  1568.092,
				  1569.58
				  or
				  1596.8897
				  after the Department issued the certificate, and;
(A) The certificate holder did not appeal the
				  exclusion order, or
(B) After the
				  appeal, the Department issued a decision and order that upheld the exclusion
				  order.
(4) The
				  certificate holder or applicant does not have a current criminal record
				  clearance or exemption.
(5) The
				  certificate holder fails to comply with certificate renewal requirements.
(A) The Department may reinstate a
				  certificate that has been revoked for failure to comply with certificate
				  renewal requirements provided all conditions for recertification have been
				  satisfied, including payment of all appropriate renewal and delinquency
				  fees.
(6) The certificate
				  holder engaged in conduct which is inimical to the health, morals, welfare, or
				  safety of either an individual in or receiving services from the facility or
				  the people of the State of California.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 7 - Personnel › Section 87409 - Administrator Certificate Forfeiture

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless otherwise ordered by the
				  Department, the certificate shall be considered forfeited under any of the
				  following conditions:
(1) The Department has
				  revoked any license held by the certificate holder after the Department issued
				  the certificate.
(2) The Department
				  has issued an exclusion order against the certificate holder pursuant to Health
				  and Safety Code sections
				  1558,
				  1568.092,
				  1569.58
				  after the Department issued the certificate, and;
(A) The certificate holder did not appeal the
				  exclusion order or,
(B) After the
				  appeal, the Department issued a decision and order that upheld the exclusion
				  order.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 7 - Personnel › Section 87412 - Personnel Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall ensure that personnel records are maintained on the licensee,
				  administrator and each employee. Each personnel record shall contain the
				  following information:
(1) Employee's full
				  name.
(2) Social Security
				  number.
(3) Date of
				  employment.
(4) Written
				  verification that the employee is at least 18 years of age, including, but not
				  necessarily limited to, a copy of his/her birth certificate or driver's
				  license.
(5) Home address and
				  telephone number.
(6) Educational
				  background.
(A) For administrators this shall
				  include verification that he/she meets the educational requirements in Section
				  87405(d) through
				  (g).
(7) Past experience, including types of
				  employment and former employers.
(8) Type of position for which
				  employed.
(9) Termination date if
				  no longer employed by the facility.
(10) Reasons for leaving.
(11) A health screening as specified in
				  Section 87411, Personnel Requirements --
				  General.
(12) Hazardous health
				  conditions documents as specified in Section
				  87411, Personnel Requirements --
				  General.
(13) For employees that
				  are required to be fingerprinted pursuant to Section
				  87355, Criminal Record Clearance:
(A) A signed statement regarding their
				  criminal record history as required by Section
				  87355(d).
(B) Documentation of either a criminal record
				  clearance or a criminal record exemption as required by Section
				  87355(e).
1. For Certified Administrators, a copy their
				  current and valid Administrative Certification meets this
				  requirement.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 7 - Personnel › Section 87413 - Personnel-Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In each
				  facility:
(1) When regular staff members are
				  absent, there shall be coverage by personnel with qualifications adequate to
				  perform the assigned tasks.
(2)
				  Care and supervision of residents shall be provided without physical or verbal
				  abuse, exploitation or prejudice.
(3) The licensee shall provide for and
				  encourage all personnel to report observations or evidence of such abuse,
				  exploitation or prejudice.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 7 - Personnel › Section 87415 - Night Supervision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The following persons providing night supervision from 10:00 p.m. to 6:00 a.m.
				  shall be familiar with the facility's planned emergency procedures, shall be
				  trained in first aid as required in Section
				  87465, Incidental Medical and
				  Dental Care Services, and shall be available as indicated below to assist in
				  caring for residents in the event of an emergency:
(1) In facilities caring for less than
				  sixteen (16) residents, there shall be a qualified person on call on the
				  premises.
(2) In facilities caring
				  for sixteen (16) to one hundred (100) residents at least one employee shall be
				  on duty on the premises, and awake. Another employee shall be on call, and
				  capable of responding within ten minutes.
(3) In facilities caring for one hundred one
				  (101) to two hundred (200) residents, one employee shall be on call, on the
				  premises; one employee shall be on duty on the premises and awake; and one
				  employee shall be on call and capable of responding within 10
				  minutes.
(4) Every additional 100
				  residents, or fraction thereof, shall require an additional one (1) staff
				  person on duty, on the premises and awake.
(5) In facilities required to have a signal
				  system, specified in Section
				  87303, Maintenance and Operation,
				  at least one night staff person shall be located to enable immediate response
				  to the signal system. If the signal system is visual only, that person shall be
				  awake.
(6) The requirements of this
				  section shall not prohibit compliance with additional supervisory requirements
				  required by the State Fire Marshal.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 7 - Personnel › Section 87451 - Serious Deficiencies-Examples. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering Section
					 87300 to Section
					 87451 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Register 88, No. 34.
2. New
					 subsection (a)(17) and amendment of NOTE filed 2-4-93; operative 3-3-93
					 (Register 93, No. 6).
3. Amendment of subsections (a)(5), (a)(10),
					 (a)(14) and (a)(15), and amendment of NOTE filed 1-13-97; operative 1-13-97
					 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 3).
4. Amendment of subsection (a)(5) filed
					 6-3-2004; operative 7-3-2004 (Register 2004, No. 23).
5. Change
					 without regulatory effect renumbering former section
					 87451 to new section
					 87758 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Section
						1569.30,
						Health and Safety Code. Reference: Sections
						1569.1,
						1569.2,
						1569.30,
						1569.31,
						1569.312,
						1569.315,
						1569.335,
						1569.485,
						1569.49
						and
						1569.54,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 8 - Resident Assessments, Fundamental Services and Rights › Section 87452 - Deficiencies in Compliance. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering section
					 87302 to section
					 87452 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Register 88, No. 34.
2. Amendment of
					 subsections (c) and (d) filed 12-21-90; operative 1-20-91 (Register 91, No.
					 7).
3. Change without regulatory effect adopting new article 8
					 heading and renumbering former section
					 87452 to new section
					 87756, subsections (c)-(e) filed
					 3-5-2008 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Sections
						1569.30
						and
						1569.49,
						Health and Safety Code. Reference: Sections
						1569.30,
						1569.31,
						1569.312,
						1569.315,
						1569.335,
						1569.485
						and
						1569.49,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 8 - Resident Assessments, Fundamental Services and Rights › Section 87453 - Follow-up Visits to Determine Compliance. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering section
					 87304 to section
					 87453 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Register 88, No. 34.
2. Amendment of
					 subsection (d) filed 12-21-90; operative 1-20-91 (Register 91, No.
					 7).
3. Change without regulatory effect renumbering former section
					 87453 to new section
					 87759 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Sections
						1569.30
						and
						1569.49,
						Health and Safety Code. Reference: Sections
						1569.33,
						1569.335,
						1569.35,
						1569.485
						and
						1569.49,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 8 - Resident Assessments, Fundamental Services and Rights › Section 87454 - Penalties. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering section
					 87306 to section
					 87454 filed 11-17-88 (Register 88,
					 No. 49). For prior history, see Register 88, No. 34.
2. Amendment of
					 subsection (a) and repealer of subsection (c) filed 12-21-90; operative 1-20-91
					 (Register 91, No. 7).
3. Editorial correction of printing error
					 (Register 91, No. 17).
4. Amendment of section and NOTE filed
					 7-27-2001; operative 8-26-2001 (Register 2001, No. 30).
5. Amendment
					 of subsection (b), new subsections (b)(1)-(b)(1)(A) and subsection renumbering
					 filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29). A
					 Certificate of Compliance must be transmitted to OAL by 11-13-2003 or emergency
					 language will be repealed by operation of law on the following
					 day.
6. Amendment of subsection (b), new subsections
					 (b)(1)-(b)(1)(A) and subsection renumbering refiled 11-12-2003 as an emergency;
					 operative 11-12-2003 (Register 2003, No. 46). A Certificate of Compliance must
					 be transmitted to OAL by 3-11-2004 or emergency language will be repealed by
					 operation of law on the following day.
7. Amendment of subsection
					 (b), new subsections (b)(1)-(b)(1)(A) and subsection renumbering refiled
					 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No. 11). A
					 Certificate of Compliance must be transmitted to OAL by 7-9-2004 or emergency
					 language will be repealed by operation of law on the following
					 day.
8. Certificate of Compliance as to 3-11-2004 order, including
					 further amendment of subsections (b) and (b)(1) and repealer of subsection
					 (b)(1)(A), transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No.
					 34).
9. Amendment of subsection (b), new subsection (b)(1),
					 subsection renumbering, amendment of newly designated subsection (b)(2) and
					 amendment of NOTE filed 7-11-2006; operative 8-10-2006 (Register 2006, No.
					 28).
10. Change without regulatory effect renumbering former section
					 87454 to new section
					 87761 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Sections
						1569.30
						and
						1569.49(a),
						Health and Safety Code. Reference: Sections
						1569.17,
						1569.33,
						1569.335,
						1569.35,
						1569.485
						and
						1569.49,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 8 - Resident Assessments, Fundamental Services and Rights › Section 87455 - Acceptance and Retention Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Acceptance or retention of residents by a
				  facility shall be in accordance with the criteria specified in this article 8
				  and Section
				  87605, Health and Safety
				  Protection, and the following.
(b)
				  The following persons may be accepted or retained in the facility:
(1) Persons capable of administering their
				  own medications.
(2) Persons
				  receiving medical care and treatment outside the facility or who are receiving
				  needed medical care from a visiting nurse.
(3) Persons who because of forgetfulness or
				  physical limitations need only be reminded or to be assisted to take medication
				  usually prescribed for self-administration.
(4) Persons with problems including, but not
				  limited to, forgetfulness, wandering, confusion, irritability, and inability to
				  manage money.
(5) Persons with mild
				  temporary emotional disturbance resulting from personal loss or change in
				  living arrangement.
(6) Persons who
				  are bedridden provided the requirements of Section
				  87606 are met.
(7) Persons who are under 60 years of age
				  whose needs are compatible with other residents in care, if they require the
				  same amount of care and supervision as do the other residents in the
				  facility.
(8) Persons who have been
				  diagnosed as terminally ill and who have obtained the services of hospice,
				  certified in accordance with federal medicare conditions of participation and
				  licensure, provided the licensee has obtained a facility hospice care waiver in
				  accordance with the provisions of Section
				  87632, Hospice Care Waiver, and
				  hospice care is being provided in accordance with the provisions of Section
				  87633, Hospice Care for Terminally
				  Ill Residents.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 8 - Resident Assessments, Fundamental Services and Rights › Section 87455.1 - Denial or Revocation of License for Failure to Pay Civil Penalties. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-27-2001; operative 8-26-2001 (Register 2001, No.
					 30).
2. Change without regulatory effect renumbering former section
					 87455.1 to new section
					 87766 filed 3-5-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 10).
Note: Authority cited: Sections
						1569.30
						and
						1569.49,
						Health and Safety Code. Reference: Sections
						1569.17,
						1569.33,
						1569.335,
						1569.35,
						1569.485,
						1569.49
						and
						1569.51,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 8 - Resident Assessments, Fundamental Services and Rights › Section 87456 - Evaluation of Suitability for Admission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to accepting a resident for care
				  and in order to evaluate his/her suitability, the facility shall, as specified
				  in this article 8:
(1) Conduct an interview
				  with the applicant and his responsible person.
(2) Perform a pre-admission
				  appraisal.
(3) Obtain and evaluate
				  a recent medical assessment.
(4)
				  Execute the admissions agreement.