reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 3 - Applications Procedures › Section 81034 - Submission of New Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee shall file a new application
					 as required by Section
					 81018 whenever there is a change
					 in the conditions or the limitations described on the current license, or other
					 changes, including, but not limited to, the following:
(1) Any change in the location of the
					 facility.
(2) Any change of
					 licensee, including, but not limited to, the following, when the licensee is a
					 corporation.
(A) Sale or transfer of the
					 majority of stock.
(B) Separating
					 from a parent company.
(C) Merger
					 with another company.
(3)
					 Any change in facility category.
(4) Any increase in capacity.
(A) The licensing agency shall have the
					 authority to grant capacity increases without resubmission of an application
					 following a licensing agency review and the securing of an appropriate fire
					 clearance.
(5) A
					 permanent change in any client from ambulatory to nonambulatory
					 status.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 3 - Applications Procedures › Section 81035 - Conditions for Forfeiture of a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Conditions for forfeiture of a social
					 rehabilitation facility license may be found in Section
					 1524
					 of the Health and Safety Code.
(b)
					 "Licensee abandons the facility" shall mean either of the following:
(1) The licensee informs the licensing agency
					 that the licensee no longer accepts responsibility for the facility;
					 or
(2) The licensing agency is
					 unable to determine the licensee's whereabouts after the following:
(A) The licensing agency requests information
					 about the licensee's whereabouts from the facility's staff, if any staff can be
					 contacted; and
(B) The licensing
					 agency has made at least one (1) phone call per day, to the licensee's last
					 telephone number of record, for five (5) consecutive workdays with no response;
					 and
(C) The licensing agency has
					 sent a certified letter, requesting the licensee to contact the licensing
					 agency, to the licensee's last mailing address of record with no response
					 within seven (7) calendar days.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 3 - Applications Procedures › Section 81036 - Licensing Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 applicant or a licensee shall be charged fees as specified in Health and Safety
					 Code section
					 1523.1.
(b) An additional fee shall be charged when a
					 licensee requests an increase or decrease in capacity as specified in Health
					 and Safety Code section
					 1523.1(b)(1)(C).
(c) When a licensee moves a facility from one
					 location to another, the relocation fee shall be as specified in Health and
					 Safety Code section
					 1523.1(b)(1)(A).
(1) To qualify for the relocation fee, the
					 following shall apply:
(A) The licensee shall
					 notify the licensing agency before actually relocating the facility.
(B) The facility category shall remain the
					 same when relocating the facility.
(C) The fee shall be based on the requested
					 capacity at the new location.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 4 - Administrative Actions › Section 81040 - Denial of Initial License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as specified in Section
					 81030, which provides for issuance
					 of a provisional license based upon substantial compliance and urgent need, the
					 licensing agency shall deny an application for an initial license if it is
					 determined that the applicant is not in compliance with applicable law and
					 regulation.
(1) The licensing agency shall
					 have the authority to deny an application for an initial license if the
					 applicant has failed to pay any civil penalty assessments pursuant to Section
					 81058 and in accordance with a
					 final judgment issued by a court of competent jurisdiction, unless payment
					 arrangements acceptable to the licensing agency have been made.
(2) An application for initial licensure
					 shall not be denied solely on the basis that the applicant is a parent who has
					 administered or will continue to administer corporal punishment, not
					 constituting child abuse as defined in Section
					 11165, subdivision (g) of the
					 Penal Code, or Section
					 1531.5(c)
					 of the Health and Safety Code, on his/her own child(ren).
(3) An application for licensure shall be
					 denied as specified in Health and Safety Code sections
					 1520.11(b),
					 (d) and
					 1550.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 4 - Administrative Actions › Section 81042 - Revocation or Suspension of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall have the authority
					 to suspend or revoke any license on any of the grounds specified in Health and
					 Safety Code sections
					 1550
					 and
					 1550.5.
(b) Proceedings to hear a revocation action
					 or a revocation and temporary suspension action shall be conducted pursuant to
					 the provisions of Health and Safety Code section
					 1551.
(c) The Department shall initiate revocation
					 action against the license of a Social Rehabilitation Facility when it is found
					 that the program certification has been withdrawn by the California Department
					 of Health Care Services.
1. New
						section filed 1-7-91; operative 2-2-91 pursuant to Government Code section
						11346.2(d)
						(Register 91, No. 12).
2. Editorial correction of printing error in
						subsection (b) (Register 91, No. 32).
3. Change without regulatory
						effect amending section and NOTE filed 1-5-2016 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2016, No. 2).
Note: Authority cited: Section
						  1530,
						  Health and Safety Code. Reference: Sections
						  5670
						  and
						  5671,
						  Welfare and Institutions Code; Sections
						  1501,
						  1502(a)(7),
						  1550,
						  1550.5
						  and
						  1551,
						  Health and Safety Code; and Sections
						  11500 et seq., Government
						  Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 4 - Administrative Actions › Section 81043 - Licensee/Applicant Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(See Manual of Policies and Procedures)
1. Change
						without regulatory effect adopting new section filed 1-5-2016 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2016, No. 2).
Note: Authority cited: Section
						  1530,
						  Health and Safety Code. Reference: Sections
						  5670
						  and
						  5671,
						  Welfare and Institutions Code; and Sections
						  1501
						  and
						  1531,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 4 - Administrative Actions › Section 81044 - Inspection Authority of the Licensing Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensing agency shall have the
					 inspection authority specified in Health and Safety Code sections
					 1526.5,
					 1533(a),
					 1534
					 and
					 1538.
(b) The licensing agency shall have the
					 authority to interview clients, including children, or staff members without
					 prior consent.
(1) The licensee shall ensure
					 that provisions are made for private interviews with any clients, including
					 children, or any staff members.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 4 - Administrative Actions › Section 81045 - Evaluation Visits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 social rehabilitation facility shall be evaluated as specified in Health and
					 Safety Code sections
					 1534
					 and
					 1548.
(b) The licensing agency shall have the
					 authority to make any number of other visits to a facility in order to
					 determine compliance with applicable law and regulation.
1. Change
						without regulatory effect adopting new section filed 1-5-2016 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2016, No. 2).
Note: Authority cited: Sections
						  1530
						  and
						  1548,
						  Health and Safety Code. Reference: Sections
						  5670
						  and
						  5671,
						  Welfare and Institutions Code; and Sections
						  1533,
						  1534,
						  1538
						  and
						  1548,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 4 - Administrative Actions › Section 81046 - Exclusions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An individual
					 can be prohibited from serving as a member of a board of directors, executive
					 director, or officer; from being employed or being present in a licensed
					 facility, as specified in Health and Safety Code sections
					 1558
					 and
					 1558.1.
1. Change
						without regulatory effect adopting new section filed 1-5-2016 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2016, No. 2).
Note: Authority cited: Section
						  1530,
						  Health and Safety Code. Reference: Sections
						  5670
						  and
						  5671,
						  Welfare and Institutions Code; and Sections
						  1558
						  and
						  1558.1,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 5 - Enforcement Provisions › Section 81051 - Serious Deficiencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(See Manual of Policies and Procedures)
1. New
						section filed 1-7-91; operative 2-2-91 pursuant to Government Code section
						11346.2(d)
						(Register 91, No. 12).
2. Change without regulatory amending article
						heading and NOTE filed 1-5-2016 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2016, No. 2).
Note: Authority cited: Section
						  1530,
						  Health and Safety Code. Reference: Sections
						  5670
						  and
						  5671,
						  Welfare and Institutions Code; and Sections
						  1501,
						  1502(a)(7),
						  1507,
						  1531
						  and
						  1534,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 5 - Enforcement Provisions › Section 81052 - Deficiencies in Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 When a licensing evaluation is conducted and the evaluator determines that a
					 deficiency exists the evaluator shall issue a notice of deficiency, unless the
					 deficiency is not serious and is corrected during the visit.
(b) Prior to completion of an evaluation or
					 other licensing visit, the licensee, administrator, operator, or other person
					 in charge of the facility shall meet with the evaluator to discuss any
					 deficiencies noted, to jointly develop a plan for correcting each deficiency,
					 and to acknowledge receipt of the notice of deficiency.
(c) The evaluator shall provide the notice of
					 deficiency to the licensee by one of the following:
(1) Personal delivery to the licensee, at the
					 completion of the visit.
(2) If the
					 licensee is not at the facility site, leaving the notice with the person in
					 charge of the facility at the completion of the visit.
(A) Under such circumstances, a copy of the
					 notice shall also be mailed to the licensee.
(3) If the licensee or the person in charge
					 of the facility refuses to accept the notice a notation of the refusal shall be
					 written on the notice and a copy left at the facility.
(A) Under such circumstances, a copy of the
					 notice shall also be mailed to the licensee.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 5 - Enforcement Provisions › Section 81053 - Follow-up Visits to Determine Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A follow-up visit shall be conducted to
					 determine compliance with the plan of correction specified in the notice of
					 deficiency.
(1) At a minimum, a follow-up
					 visit shall be conducted within ten working days following the dates of
					 corrections specified in the notice of deficiency, unless the licensee has
					 demonstrated that the deficiency was corrected as required.
(2) No penalty shall be assessed unless a
					 follow-up visit is conducted as specified in (a) and (a)(1)
					 above.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 5 - Enforcement Provisions › Section 81054 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A penalty of
					 $50 per day, per cited violation, shall be assessed for serious deficiencies
					 that are not corrected by the date specified in the notice of deficiency, up to
					 a maximum of $150 per day.
(b)
					 Notwithstanding Section
					 81054(a) above,
					 an immediate penalty of $100 per cited violation per day for a maximum of five
					 (5) days shall be assessed if any individual required to be fingerprinted under
					 Health and Safety Code section
					 1522(b)
					 has not obtained a California clearance or a criminal record exemption,
					 requested a transfer of a criminal record clearance, or requested and be
					 approved for a transfer of an exemption as specified in Section
					 81019(e) prior to
					 working, residing or volunteering in the facility.
(1) Subsequent violations within a twelve
					 (12) month period will result in a civil penalty of one hundred dollars ($100)
					 per violation per day for a maximum of thirty (30) days.
(2) The Department may assess civil penalties
					 for continued violations as permitted by Health and Safety Code section
					 1548.
(3) Progressive civil penalties specified in
					 Sections 81054(d) and (e)
					 below shall not apply.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 5 - Enforcement Provisions › Section 81055 - Administrative Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 licensee or his/her representative shall have the right to request a review of
					 a notice of deficiency and/or notice of penalty within 10 working days of
					 receipt of such notice(s).
(1) If the
					 deficiency has not been corrected, civil penalties shall continue to accrue
					 during the review process.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 5 - Enforcement Provisions › Section 81055.1 - Denial or Revocation of License for Failure to Pay Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee
					 shall be responsible for paying civil penalties.
(1) Unless otherwise provided, the transfer,
					 surrender, forfeiture or revocation of a license shall not affect the
					 licensee's responsibility for paying any civil penalties accrued while the
					 license was in effect.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 5 - Enforcement Provisions › Section 81056 - Exemption from Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Civil penalties shall not be assessed
					 against any governmental entity, including a state or city, holding a community
					 care facility license.
1. Change
						without regulatory effect adopting new section filed 1-5-2016 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2016, No. 2).
Note: Authority cited: Section
						  1530,
						  Health and Safety Code. Reference: Sections
						  5670
						  and
						  5671,
						  Welfare and Institutions Code; and Section
						  1534,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 5 - Enforcement Provisions › Section 81058 - Unlicensed Facility Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A penalty of $200 per day shall be
					 assessed for the operation of an unlicensed facility under either of the
					 following conditions:
(1) The operator has
					 not submitted a completed application for licensure within 15 calendar days of
					 issuance of the Notice of Operation in Violation of Law pursuant to Section
					 81006, and continues to operate.
(A) For purposes of this section, an
					 application shall be deemed completed if it includes the information required
					 in Section
					 81018.
(B) The completed application shall be deemed
					 to be submitted when received by the licensing agency.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 5 - Enforcement Provisions › Section 81059 - Unlicensed Facility Administrative Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An unlicensed facility operator or
					 his/her representative shall have the right to appeal the penalty assessment
					 within 10 working days after service of the penalty assessment.
(1) If the unlicensed facility operation has
					 not ceased, the $200 per day penalty shall continue to accrue during the appeal
					 process.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81060 - Basic Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
					 SSI/SSP recipients who are residents, the basic services shall be provided
					 and/or made available at the basic rate with no additional charge to the
					 resident.
(1) This shall not preclude the
					 acceptance by the facility of voluntary contributions from relatives or others
					 on behalf of an SSI/SSP recipient.
(2) An extra charge to the resident shall be
					 allowed for a private room if a double room is made available but the resident
					 prefers a private room, provided the arrangement is documented in the
					 admissions agreement and the charge is limited to 10% of the Board and Room
					 portion of the SSI/SSP grant.
(3)
					 An extra charge to the resident shall be allowed for provision of special food
					 services or products beyond that specified in Section
					 81076(a)(2) and
					 (a)(4) when the resident wishes to purchase
					 the services and agrees to the extra charge in the admissions
					 agreement.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81061 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Each licensee or applicant shall furnish to the licensing agency reports as
					 required by the Department, including, but not limited to, those specified in
					 this section.
(b) Upon the
					 occurrence, during the operation of the facility, of any of the events
					 specified in Section
					 81061(b)(1)
					 below, a report shall be made to the licensing agency within the agency's next
					 working day during its normal business hours. In addition, a written report
					 containing the information specified in Section
					 81061(b)(2) below
					 shall be submitted to the licensing agency within seven days following the
					 occurrence of such event.
(1) Events reported
					 shall include the following:
(A) Death of any
					 client from any cause.
(B) In a
					 residential facility, death of any client as a result of injury, abuse, or
					 other than natural causes, regardless of where the death occurred. This
					 includes a death that occurred outside the facility such as at a day program,
					 workshop, job, hospital, en route to or from a hospital, or visiting away from
					 the facility.
1. The licensee shall obtain a
					 certified copy of the client's death certificate as soon as it is available,
					 maintain it in the client's file, and shall send a copy to the Department as
					 soon as it is obtained.
2. For
					 Regional Center clients, the licensee shall also send a copy of the death
					 certificate to the Regional Center.
(C) The use of an Automated External
					 Defibrillator.
(D) Any injury to
					 any client which requires medical treatment.
(E) Any unusual incident or client absence
					 which threatens the physical or emotional health or safety of any
					 client.
(F) Any suspected
					 psychological abuse of any client.
(G) Epidemic outbreaks.
(H) Poisonings.
(I) Catastrophes.
(J) Fires or explosions which occur in or on
					 the premises.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81062 - Finances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee
					 shall meet the following financial requirements:
(1) Development and maintenance of a
					 financial plan which ensures resources necessary meet operating costs for care
					 and supervision of clients.
(2)
					 Maintenance of financial records.
(3) Submission of financial reports as
					 required upon the written request of the department or licensing agency.
(A) Such request shall explain the necessity
					 for disclosure.
(B) The licensing
					 agency shall have the authority to reject any financial report, and to request
					 and examine additional information including interim financial statements. The
					 reason(s) for rejection of the report shall be in
					 writing.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81063 - Accountability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee,
					 whether an individual or other entity, is accountable for the general
					 supervision of the licensed facility, and for the establishment of policies
					 concerning its operation.
(1) If the licensee
					 is a corporation or an association, the governing body shall be active and
					 functioning in order to ensure such accountability.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81064 - Administrator - Qualifications and Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All social rehabilitation facilities
					 shall have an administrator.
(b)
					 The administrator shall have the following qualifications prior to employment:
(1) One year of full-time work experience in
					 a management or administrative position; and
(2) Completion, with a passing grade, of 15
					 college or continuing education semester or equivalent quarter units, of which
					 9 units shall be in administration and/or management.
(A) Three years of full-time work experience
					 in a management or administrative position may be substituted to meet the
					 requirement of Section
					 81064(b)(2)
					 above.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81064.1 - Program Director Qualifications and Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All social rehabilitation facilities
					 shall have a program director.
(b)
					 The program director shall be on the premises the number of hours necessary to
					 manage and administer the treatment program of the facility in compliance with
					 California Code of Regulations, Title 9, Division 1, Chapter 3, Article 3.5,
					 Sections 531 through
					 535 and Title 22, Division 6,
					 Chapter 2, Sections
					 81001 (
l
)(5),
					 (s)(2) and (t)(2).
(c) When the
					 program director is temporarily absent from the facility, there shall be
					 coverage by a substitute program director designated in writing by the
					 licensee.
(1) If the absence is for more than
					 14 consecutive calendar days, excluding emergency leave, sick leave or vacation
					 of the program director, the designated substitute shall meet the
					 qualifications of a program director set forth by the Department of Health Care
					 Services.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81065 - Personnel Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Facility personnel shall be competent to provide the services necessary to meet
					 individual client needs and shall, at all times, be employed in numbers
					 necessary to meet such needs.
(b)
					 The licensing agency shall have the authority to require any licensee to
					 provide additional staff whenever the licensing agency determines and documents
					 that additional staff are required for the provision of services necessary to
					 meet client needs. The licensee shall be informed in writing of the reasons for
					 the licensing agency's determination. The following factors shall be taken into
					 consideration in determining the need for additional staff.
(1) Needs of the particular
					 clients.
(2) Extent of the services
					 provided by the facility.
(3)
					 Physical arrangements of the particular facility.
(4) Existence of a state of emergency or
					 disaster.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81065.5 - Day Staff-Client Ratio

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee shall ensure that sufficient
					 direct care staff are at the facility whenever clients are present.
(1) There shall be at least one direct care
					 staff person on duty, on the premises, any time clients are in the facility.
(A) Any time there is only one direct care
					 staff person on duty on the premises, another direct care staff person shall be
					 on call and capable of responding within 30 minutes.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81065.6 - Night Supervision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 In addition to Section
					 81065.5(a), the
					 following shall apply.
(b) In
					 facilities providing care to seven or more clients who rely upon others to
					 perform all activities of daily living, there shall be at least one person on
					 duty, on the premises and awake.
(1) For
					 every additional 14 such clients, there shall be one additional person on duty,
					 on the premises and awake.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81066 - Personnel Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 employee work schedule shall be developed at least monthly, shall be displayed
					 conveniently for employee reference, and shall contain the following
					 information for each employee:
(1)
					 Name;
(2) Job title;
(3) Dates, days and hours of work;
					 and
(4) Days
					 off.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81068 - Admission Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The licensee shall complete an individual written admission agreement with each
					 client and the client's authorized representative, if any.
(1) Prior to admitting a developmentally
					 disabled adult recommended by a Regional Center, the licensee shall obtain from
					 the Regional Center written certification which states that there was no
					 objection to the placement by any persons specified in Welfare and Institutions
					 Code section
					 4803.
(2) The licensee shall maintain a copy of the
					 certification in the client's file.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81068.1 - Admission Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The licensee shall develop, maintain, and implement admission procedures which
					 shall meet the requirements specified in this section.
(b) No client shall be admitted prior to a
					 determination of the facility's ability to meet the needs of the client, which
					 shall include an appraisal of his/her individual service needs as specified in
					 section 81068.2.
(c) Prior to admitting a client for
					 treatment, the program director or an experienced staff person who has received
					 training in developing a needs and services plan shall:
(1) Interview the prospective client, and
					 his/her authorized representative, if any.
(A) The interview shall provide the
					 prospective client with information about the facility, including the
					 information contained in the Admission Agreement and any additional policies
					 and procedures, house rules, and activities.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81068.2 - Needs and Services Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to admission, the licensee shall
					 determine whether the facility's program can meet the prospective client's
					 service needs.
(b) For each client
					 admitted, the licensee shall ensure that a written Needs and Services Plan is
					 started prior to admission, and completed prior to or within 72 hours of
					 admission, that must include:
(1) A written
					 assessment as required in California Code of Regulations, Title 9, Division 1,
					 Chapter 3, Article 3.5, Section
					 532.2(b).
(2) Any needs appraisal or individual program
					 plan completed by a placement agency or consultant.
(3) A written treatment/rehabilitation plan
					 as required by California Code of Regulations, title 9, subchapter 3, article
					 3.5, section
					 532.2(c).
(4) If the client has a restricted health
					 condition, as specified in Section
					 81092, a written Restricted Health
					 Condition Plan as specified in Section
					 81092.2.
(5) If applicable pursuant to Section
					 81075(o), a
					 written individual medication-management plan.
(6) If applicable pursuant to Section
					 81087(n), a
					 written assessment of the client's ability to safely handle and use cleaning
					 supplies, cleaning solutions and disinfectants, as well as documentation of any
					 subsequent related review of the client's abilities to ensure the Needs and
					 Services Plan is updated per Section
					 81068.3(b).
(7) Prior to admitting a client into care,
					 the licensee shall ensure that the functional capabilities assessment specified
					 in Section
					 81069.2, which is to be used in
					 developing the Needs and Services Plan pursuant to Section
					 81069.2(a), is
					 documented to the extent that the required information is available and
					 completed within 72 hours of admission.
(A)
					 In the event that all areas of the functional capability assessment in Section
					 81069.2 are already addressed in
					 the written assessment required by Title 9, Division 1, Chapter 3, Article 3.5,
					 Section 532.2(b), the
					 licensee shall not be required to fill out an additional
					 form.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81068.3 - Modifications to Needs and Services Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The program director or an experienced
					 staff person who has been trained in the development and modification of a
					 needs and services plan shall, with the client's participation, update the
					 needs and services plan specified in Section
					 81068.2.
(b) The licensee shall ensure that each
					 client's written Needs and Services Plan is updated as often as necessary to
					 assure its accuracy, but at least annually. These modifications shall be
					 maintained in the client's file.
(c) If the licensee determines that the
					 client's needs cannot be met, the licensee shall inform the client, and his/her
					 authorized representative, if any, and the placement agency, if any, and
					 request that the client relocate to a facility that can provide the needed
					 services.
(1) If the client refuses to
					 relocate, the licensee may evict in accordance with Section
					 81068.5
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81068.4 - Admission and Retention Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee shall not admit or retain
					 the following:
(1) Persons with active
					 communicable tuberculosis.
(2)
					 Persons who require inpatient care in a health facility.
(3) Persons who have needs which are in
					 conflict with other clients or the program of services offered.
(4) Persons who require more care and
					 supervision than is provided by the facility.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81068.5 - Eviction Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The licensee shall be permitted to evict a client with 30 days' written notice
					 for any of the following reasons:
(1)
					 Nonpayment of the rate for basic services within ten days of the due
					 date.
(2) Failure of the client to
					 comply with state or local law after receiving written notice of the alleged
					 violation.
(3) Failure of the
					 client to comply with the general facility policies that are documented in the
					 facility agreement, and are for the purpose of making it possible for clients
					 to live together.
(4) Failure of
					 the client to participate in the services and activities specified in the
					 treatment/rehabilitation plan to the extent of his/her ability.
(5) Inability to meet the client's needs.
(A) A Needs and Services Plan modification
					 must have been performed, as specified in Section
					 81068.3, which determined that the
					 client's needs cannot be met by the facility and the client has been given an
					 opportunity to relocate as specified in Section
					 81068.3(f)(3).
(6) The client refuses to comply with his/her
					 Restricted Health Condition Care Plan, if any, as specified in Section
					 81092.2.
(7) The program or facility type has changed
					 and the client is no longer compatible with the population to be
					 served.
(8) Change of use of the
					 facility.
(9) Failure of the client
					 to comply with the provisions of the Admission Agreement.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81069 - Client Medical Assessments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Prior to admitting a client into care or within 72 hours of admission, the
					 licensee shall obtain and keep on file documentation of the client's medical
					 assessment.
(1) Such assessment shall be
					 performed by a licensed physician, or a designee, who is also a licensed
					 professional, and the assessment shall not be more than one year old when
					 obtained.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81069.2 - Functional Capabilities Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order to determine whether the
					 facility's program meets a client's service needs, the licensee shall assess
					 the client's need for personal assistance and care by determining his/her
					 functional capabilities. The assessment shall be in writing, shall be used in
					 developing the Needs and Service Plan, and shall include, but not be limited to
					 the following activities:
(1) Bathing:
(A) Does not bathe or shower self.
(B) Performs some bathing or showering
					 tasks.
(C) Bathes or showers self
					 independently.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81070 - Client Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 licensee shall ensure that a separate, complete, and current record is
					 maintained in the facility for each client.
(b) Each client record shall contain the
					 following information including, but not limited to, the following:
(1) Name of client.
(2) Birthdate.
(3) Sex.
(4) Last known address.
(5) Date of admission.
(6) Name, address, and telephone number of
					 the client's authorized representative(s), if any.
(7) A signed copy of the admission agreement
					 specified in Section
					 81068.
(8) Name, address and telephone number of the
					 client's physician and dentist, and other medical and mental health providers,
					 if any.
(9) Medical assessment,
					 including ambulatory status, as specified in Section
					 81069.
(10) Record of any illness or injury
					 requiring treatment by a physician or dentist and for which the facility
					 provided assistance to the client in meeting his/her necessary medical and
					 dental needs.
(11) Record of
					 current medications, including the name of the prescribing physician, and
					 instructions, if any, regarding control and custody of medications.
(12) Restricted Health Condition Care Plan,
					 if required for the client by Section
					 81092.2.
(13) Functional assessment as specified in
					 Section 81069.2.
(14) Religious preference, and name and
					 address of clergyman or religious advisor, if any.
(15) Needs and services plan and any
					 modifications thereto, as specified in Sections
					 81068.2 and
					 81068.3.
(16) An account of the client's cash
					 resources, personal property, and valuables entrusted as specified in Section
					 81026.
(17) Date of termination of
					 services.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81071 - Register of Clients

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
					 all licensed facilities, the following shall apply:
(1) The licensee shall maintain in the
					 facility a register of all clients which must contain current information on
					 the following:
(A) Client's name and
					 ambulatory status as specified in Sections
					 81070(b)(1) and
					 81070(b)(9).
(B) Name, address and telephone number of
					 client's attending physician.
(C)
					 Authorized representatives information as specified in Section
					 81070(b)(6).
(D) Client's restricted health condition(s),
					 if any, as specified in Section
					 81092(b).
1. The licensee may keep a separate client
					 register with this information.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81073 - Telephones

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A social
					 rehabilitation facility shall have telephone service on the premises.
1. Change
						without regulatory effect adopting new section filed 1-5-2016 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2016, No. 2).
Note: Authority cited: Section
						  1530,
						  Health and Safety Code. Reference: Sections
						  5670
						  and
						  5671,
						  Welfare and Institutions Code; and Sections
						  1501,
						  1531
						  and
						  1539,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81074 - Transportation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Only drivers
					 licensed for the type of vehicle operated shall be permitted to transport
					 clients.
(b) The manufacturer's
					 rated seating capacity of the vehicles shall not be exceeded.
(c) Motor vehicles used to transport clients
					 shall be maintained in a safe operating condition.
1. Change
						without regulatory effect adopting new section filed 1-5-2016 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2016, No. 2).
Note: Authority cited: Section
						  1530,
						  Health and Safety Code. Reference: Sections
						  5670
						  and
						  5671,
						  Welfare and Institutions Code; and Sections
						  1501
						  and
						  1531,
						  Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 2 - Social Rehabilitation Facilities › Subchapter 1 - Basic Requirements › Article 6 - Continuing Requirements › Section 81075 - Health-Related Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The licensee shall ensure that each client receives necessary first aid and
					 other needed medical or dental services, including arrangement for and/or
					 provision of transportation to the nearest available services.
(b) Clients shall be assisted as needed with
					 self-administration of prescription and nonprescription medications.
(1) Facility staff who receive training may
					 assist clients with metered-dose inhalers, and dry powder inhalers if the
					 following requirements are met:
(A) Facility
					 staff must receive training from a licensed professional.
1. The licensee shall obtain written
					 documentation from the licensed professional outlining the procedures and the
					 names of facility staff who have been trained in those procedures.
2. The licensee ensures that the licensed
					 professional reviews staff performance as the licensed professional deems
					 necessary, but at least once a year.