reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 1 - Definitions › Section 74639 - Patient

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Patient" means a person who is under observation,
					 treatment or care for illness, disease or injury, or under care during and
					 after a pregnancy, or a person accepted only for personal care services without
					 a plan of treatment prescribed by a physician.
1. Amendment
					 filed 10-8-97; operative 10-8-97 (Register 97, No.
					 41).
Note: Authority cited: Sections
						1734
						and
						100275,
						Health and Safety Code. Reference: Sections
						1727(c)
						and
						1734,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 1 - Definitions › Section 74641 - Physical Therapist

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Physical therapist means a person licensed as a physical
					 therapist by the Physical Therapy Board of California.
1. Change
					 without regulatory effect amending section and NOTE filed 3-12-2013 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: Sections
						1276,
						1727,
						1734,
						131050,
						131051
						and
						131052,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 1 - Definitions › Section 74643 - Physical Therapist Assistant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Physical therapist assistant means a person who is approved
					 as a physical therapist assistant by the Physical Therapy Board of
					 California.
1. Change
					 without regulatory effect amending section and NOTE filed 3-12-2013 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: Sections
						1276,
						1727,
						1734,
						131050,
						131051
						and
						131052,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 1 - Definitions › Section 74645 - Physician

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Physician means
				  a person licensed as a physician and surgeon by the Medical Board of California
				  or by the Osteopathic Medical Board of California.
(b) Attending Physician. Attending physician
				  means the physician responsible for the medical treatment of the
				  patient.
1. Change
					 without regulatory effect amending section and NOTE filed 3-12-2013 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: Sections
						1276,
						1727,
						1734,
						131050,
						131051
						and
						131052,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 1 - Definitions › Section 74647 - Podiatrist

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Podiatrist means a person licensed as a podiatrist by the
					 California Board of Podiatric Medicine.
1. Change
					 without regulatory effect amending section and NOTE filed 3-12-2013 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: Sections
						1276,
						1727,
						1734,
						131050,
						131051
						and
						131052,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 1 - Definitions › Section 74649 - Public Health Nurse

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Public health nurse" means a person licensed as a
					 registered nurse who possesses a public health nursing certificate issued by
					 the Department.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Sections
						1727
						and
						1734,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 1 - Definitions › Section 74650 - Registered Domestic Partner

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Registered domestic partner shall have the same meaning as
					 defined in Family Code Sections
					 297 and
					 297.5.
1. Change
					 without regulatory effect adopting section filed 6-23-2011 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2011, No. 25).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: Sections
						297 and
						297.5, Family
						Code; and Sections
						1276,
						131050,
						131051
						and
						131052,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 1 - Definitions › Section 74651 - Registered Nurse

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Registered nurse" means a person licensed in the State of
					 California by the Board of Registered Nursing.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Sections
						1727
						and
						1734,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 1 - Definitions › Section 74652 - Skilled Nursing Services Criteria for Licensure of Home Health Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of
				  licensure as a home health agency, "skilled nursing services" means services
				  which are provided by and within the scope of practice of a registered nurse or
				  licensed vocational nurse. Entities providing or arranging for the provision of
				  skilled nursing services shall obtain a home health agency license.
(b) For purposes of licensure as a home
				  health agency, "providing or arranging for the provision of skilled nursing
				  services" means that an entity does either one or both of the following:
(1) Employs a registered nurse or licensed
				  vocational nurse to utilize his or her skills to promote the medical benefit of
				  the patient in a temporary or permanent place of residence.
(2) Obtains the services of a registered
				  nurse or licensed vocational nurse who is not an employee in order to fulfill
				  its contractual obligations to promote the medical benefit of the patient in
				  the patient's temporary or permanent place of residence.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 1 - Definitions › Section 74653 - Social Worker

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Social worker means a person who:
(a) Is licensed as a clinical social worker
				  by the Board of Behavioral Sciences; or
(b) Has a Master of Social Work degree from a
				  school of social work accredited by the Council on Social Work Education and
				  has one year of social work experience in a health care setting.
1. Change
					 without regulatory effect amending section and NOTE filed 3-12-2013 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
2. Amendment of section and
					 NOTE filed 2-19-2020; operative 4-1-2020 (Register 2020, No.
					 8).
Note: Authority cited: Sections
						1734
						and
						131200,
						Health and Safety Code. Reference: Sections
						1727,
						1734,
						131051
						and
						131052,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 1 - Definitions › Section 74655 - Social Work Assistant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Social work assistant" means a person with a baccalaureate
					 degree in the social sciences or related fields.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Sections
						1727
						and
						1734,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 1 - Definitions › Section 74657 - Speech Pathologist

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Speech pathologist means a person licensed as a speech
					 pathologist by the Speech-Language Pathology and Audiology and Hearing Aid
					 Dispensers Board.
1. Change
					 without regulatory effect amending section and NOTE filed 3-12-2013 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: Sections
						1276,
						1727,
						1734,
						131050,
						131051
						and
						131052,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 2 - License › Section 74659 - License Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  person, firm, partnership, association, corporation, receiver, political
				  subdivision of the State or other governmental agency within the State shall
				  establish, operate or maintain a home health agency or hold out, represent or
				  advertise by any means that it operates a home health agency without first
				  obtaining a license from the Department.
(b) A subdivision or department of any
				  facility or other agency, such as a hospital, skilled nursing facility or
				  health department may be approved to operate as a home health agency, provided
				  a separate license is obtained. In such facilities or agencies, records shall
				  be maintained in such a manner that activities and expenditures for services
				  provided by the home health agency are separate and identifiable.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Sections
						1725,
						1726,
						1728,
						1731
						and
						1734,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 2 - License › Section 74661 - Application for License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  person, firm, partnership, association, corporation, receiver, political
				  subdivision of the State or other governmental agency desiring to obtain a
				  license shall file with the Department an application. Applicants shall use the
				  Department's forms: Application for Facility License HS 200 (March, 1996),
				  Disclosure of Ownership HS 215 (March, 1996), and Administrative
				  Organization/Organizational Structure HS 309 (September, 1995). These forms and
				  instructions are herein incorporated by reference. The application shall
				  contain the following:
(1) Name and address
				  of applicant.
(A) If an individual,
				  verification that the applicant has attained the age of 18 years.
(B) For all incorporated applicants, the date
				  and state of incorporation, corporation number and, if a foreign corporation,
				  evidence of authority to do business in the State of
				  California.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 2 - License › Section 74663 - Special Conditions for License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All home health agencies shall meet the requirements stated
					 herein with the exception that upon finding by the Director that a specific
					 area is a rural, scarcely populated area where no other licensed provider of
					 service is available, and lack of service would constitute a hardship to the
					 people of the area, a license may be granted to a home health agency which does
					 not meet all of the requirements under conditions and for a period specified by
					 the Director.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Section
						1734,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 2 - License › Section 74667 - Report of Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Changes Requiring New Application. An application shall be submitted to the
				  Department within 10 working days whenever a change of ownership occurs. A
				  change of ownership shall be deemed to have occurred where, among other things,
				  when compared with the information contained in the last approved license
				  application of the licensee, there has occurred a transfer of 50 percent or
				  more of the issued stock of a corporate licensee, a transfer of 50 percent or
				  more of the assets of the licensee, a change in partners or partnership
				  interests of 50 percent or greater in terms of capital or share of profits, or
				  a relinquishment by the licensee of the management of the agency.
(b) Changes Requiring Written Notice. The
				  licensee shall, within 10 days, notify the Department in writing of the
				  following:
(1) Change of name of home health
				  agency.
(2) Change of location
				  and/or address of home health agency.
(3) Change in the licensing information
				  required by subsection (a) of Section
				  74661.
(4) Change of the mailing address of the
				  licensee.
(5) Change in the
				  principal officer (chairman, president, general manager) of the governing
				  board. Such written notice shall include the name and principal business
				  address of each new principal officer.
(6) Change of the administrator including the
				  name and mailing address of the administrator, the date the administrator
				  assumed office and a brief description of qualifications and background of the
				  administrator.
(7) Change of
				  Director of Patient Care Services including the name and mailing address of the
				  Director of Patient Care Services, the date the Director of Patient Care
				  Services assumed office and a brief description of qualifications and
				  background of the Director of Patient Care Services.
(8) Addition or deletion of
				  services.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 2 - License › Section 74671 - Issuance, Denial, Expiration and Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall issue the license to
				  the applicant upon verification of compliance with licensing requirements
				  unless cause for denial under (b) below exists.
(b) The Department shall deny the application
				  of any prospective licensee who:
(1) Is not
				  in compliance with the laws and regulations pertaining to home health
				  agencies.
(2) Has had a home health
				  agency license suspended or revoked within the previous 24 months.
(3) Has otherwise failed to establish that
				  the premises, management, the bylaws, the equipment, the staffing, both
				  professional and nonprofessional, and the standards of care and services are
				  adequate and appropriate.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 2 - License › Section 74673 - Transferability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Licenses are not transferable. The licensee shall notify
					 the Department in writing at least 30 days prior to the effective date of any
					 change of ownership. A new application for licensure shall be submitted by the
					 prospective new owner.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Section
						1734,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 2 - License › Section 74675 - Separate Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Separate licenses shall be required for each parent home health agency office.
				  Licenses shall be posted in public view. All current branch office addresses
				  shall be listed on the parent license.
(1)
				  Each branch office shall receive a separate approval by the Department prior to
				  operation and be reviewed as part of the parent agency. The approval may be
				  based on survey of any home health agency requirements and may include on-site
				  inspection of the business location. At the Department's discretion, an
				  abbreviated survey may be conducted which shall require from the home health
				  agency, at a minimum:
(A) Submission of the
				  written plan for administration and supervision of the branch office pursuant
				  to Section
				  74609. The plan shall include the
				  name, license number/qualifications of the nursing supervisor, and those
				  individuals providing other branch office services approved for the home health
				  agency license. The plan shall consist of policies and procedures consistent
				  with criteria in the agency's Quality Management evaluation under Section
				  74742(c)(5).
(B) An update of disclosure information
				  pursuant to Section
				  74665; and
(C) A license application form to update the
				  address and other information for the branch office.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 2 - License › Section 74677 - Availability of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The license, or a true copy thereof, shall be conspicuously
					 posted in a location accessible to public view in the main business
					 area.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Sections
						1734,
						1736,
						1737
						and
						1737.5,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 2 - License › Section 74679 - Voluntary Suspension of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee may request in writing that a
				  license be put in suspense. The Department may approve the request for a period
				  not to exceed 12 months.
(b) Any
				  license which has been temporarily suspended by the Department pursuant to this
				  section shall remain subject to all renewal requirements of an active license,
				  including the payment of license renewal fees, during the period of temporary
				  suspension.
(c) Any license
				  suspended pursuant to this section may be reinstated by the Department within
				  12 months of the date of suspension, on receipt of an application and evidence
				  showing compliance with licensing operational requirements in effect at the
				  time of reinstatement. If license is not reinstated within the 12-month period,
				  the license shall expire automatically and shall not be subject to
				  reinstatement.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Sections
						1734,
						1736,
						1737
						and
						1737.5,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 2 - License › Section 74681 - Voluntary Cancellation of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any licensee desiring to voluntarily
				  surrender a license for cancellation shall notify the Department in writing as
				  soon as possible.
(b) Any license
				  voluntarily cancelled pursuant to this section may be reinstated by the
				  Department within 12 months of the date of cancellation on receipt of an
				  application and evidence showing compliance with licensing operational
				  requirements.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Sections
						1734,
						1736,
						1737
						and
						1737.5,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 2 - License › Section 74683 - Revocation or Involuntary Suspension of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to proceedings conducted under
				  the provisions of Chapter 5 of Part I of Division 3 of Title 2 of the
				  Government Code beginning with Section
				  11500, the Department may suspend
				  or revoke the license of any agency upon any of the following grounds:
(1) Violation by the licensee of any of the
				  provisions of Chapter 8 of Division 2 of the Health and Safety Code beginning
				  with Section
				  1725 or of any of the regulations
				  promulgated by the Department contained in Chapter 6 of Division 5 of Title 22
				  of the California Administrative Code.
(2) Aiding, abetting or permitting the
				  commission of any illegal act.
(3)
				  Misrepresentation of a material fact in the application for a
				  license.
(4) Failure to report any
				  changes required by Section
				  74661.
(5) Conduct inimical to the public health,
				  morals, welfare or safety of the people of the State of California in the
				  provision of services.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 2 - License › Section 74685 - Pursuing Disciplinary Action to Completion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The withdrawal of an application for a
				  license after it has been filed with the Department shall not, unless the
				  Department consents in writing to such withdrawal, deprive the Department of
				  its authority to institute or continue a proceeding against the applicant for
				  the denial of the license upon any ground provided by law or to enter an order
				  denying the license upon any such ground pursuant to Chapter 5 of Part I of
				  Division 3 of Title 2 of the Government Code beginning with Section
				  11500.
(b) The suspension, expiration or forfeiture
				  by operation of law of a license issued by the Department, or its suspension,
				  forfeiture or cancellation by order of the Department or by order of a court of
				  law, or its surrender without the written consent of the Department, shall not
				  deprive the Department of its authority to institute or continue a disciplinary
				  proceeding against the licensee upon any ground provided by law or to enter an
				  order suspending or revoking the license or otherwise taking disciplinary
				  action against the licensee on any such ground.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Sections
						1734,
						1735
						and
						1736,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 2 - License › Section 74687 - Reinstatement of Revoked or Suspended License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensee whose license has been revoked or suspended, may
					 petition the Department for reinstatement or reduction of the disciplinary
					 action imposed after a period of not less than one year has elapsed from the
					 effective date of the decision or from the date of the denial of a similar
					 petition pursuant to Government Code Section
					 11522.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Sections
						1734,
						1736
						and
						1737,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 2 - License › Section 74689 - Program Flexibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All home health agencies shall maintain compliance with the licensing
				  requirements. These requirements do not prohibit the use of alternate concepts,
				  methods, procedures, techniques, equipment, personnel qualifications or the
				  conducting of pilot projects, provided such exceptions are carried out with
				  provisions for safe and adequate care and with the prior written approval of
				  the Department. Such approval shall provide for the terms and conditions under
				  which the exception is granted. A written request and substantiating evidence
				  supporting the request shall be submitted by the applicant or licensee to the
				  Department.
(b) The Department
				  shall approve or deny such request within 60 days of submission. Such approval
				  shall be in writing and shall provide for the terms and conditions under which
				  the exception is granted. A denial shall be in writing and shall specify the
				  basis therefor.
(c) Any approval of
				  the Department granted under this section, or a true copy thereof, shall be
				  readily available in the agency and accessible upon request.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Section
						1734,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 3 - Services › Section 74691 - Services Provided. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of section and amendment of NOTE filed 4-28-95 as an emergency; operative
					 4-28-95 (Register 95, No. 17). A Certificate of Compliance must be transmitted
					 to OAL by 8-28-95 or emergency language will be repealed by operation of law on
					 the following day.
2. Repealer of section and amendment of NOTE
					 refiled 8-14-95 as an emergency; operative 8-14-95 (Register 95, No. 33). A
					 Certificate of Compliance must be transmitted to OAL by 12-12-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. Repealer of section and amendment of NOTE refiled 12-12-95
					 as an emergency; operative 12-12-95 (Register 95, No. 50). A Certificate of
					 Compliance must be transmitted to OAL by 4-10-96 or emergency language will be
					 repealed by operation of law on the following day.
4. Repealer of
					 section and amendment of NOTE refiled 4-11-96 as an emergency; operative
					 4-11-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted
					 to OAL by 8-9-96 or emergency language will be repealed by operation of law on
					 the following day.
5. Certificate of Compliance as to 4-28-95 order
					 transmitted to OAL 8-7-96 and disapproved 9-19-96 (Register 96, No.
					 38).
6. Repealer of section and amendment of NOTE filed 9-19-96 as
					 an emergency; operative 9-19-96 (Register 96, No. 38). A Certificate of
					 Compliance must be transmitted to OAL by 1-17-97 or emergency language will be
					 repealed by operation of law on the following day.
7. Editorial
					 correction of HISTORY 6 (Register 97, No. 3).
8. Repealer of section
					 and amendment of NOTE refiled 1-16-97 as an emergency; operative 1-16-97
					 (Register 97, No. 3). A Certificate of Compliance must be transmitted to OAL by
					 5-16-97 or emergency language will be repealed by operation of law on the
					 following day.
9. Repealer of section and amendment of NOTE refiled
					 5-15-97 as an emergency; operative 5-15-97 (Register 97, No. 20). A Certificate
					 of Compliance must be transmitted to OAL by 9-12-97 or emergency language will
					 be repealed by operation of law on the following day.
10.
					 Certificate of Compliance as to 5-15-97 order transmitted to OAL 8-26-97 and
					 filed 10-8-97 (Register 97, No. 41).
Note: Authority cited: Sections
						208(a)
						and
						1734,
						Health and Safety Code. Reference: Sections
						1727
						and
						1734,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 3 - Services › Section 74693 - Preventive, Treatment and Rehabilitative Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To the extent that services are provided
				  and the patient's condition makes it appropriate, preventive, treatment,
				  rehabilitative and maintenance services for patients for whom the agency
				  accepts responsibility shall be provided by the agency or through it under
				  arrangements with other qualified providers of service.
(b) The character and scope of advice,
				  treatment and appliances provided by the agency shall be consistent with
				  accepted standards of practice for the discipline involved.
(c) The professional personnel of the agency
				  shall check that equipment, apparatus or appliances supplied by the agency for
				  a service or furnished to a patient in the course of their treatment, are in
				  good working order at the time of the visit.
(d) Each type of service provided by the
				  agency for patients shall be approved by the Department and as a minimum shall:
(1) Be under the direction of a person
				  registered, licensed or certified to provide such service if registration,
				  licensure or certification is required, or be otherwise qualified as provided
				  in these requirements.
(2) Have
				  written policies and procedures and reference material readily available to
				  guide and assist agency personnel.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 3 - Services › Section 74697 - Plan of Treatment; Plan of Care; Plan for Personal Care Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A written plan
				  of treatment (or plan of care for home health agencies participating in the
				  Medicare and/or Medi-Cal program) shall be established for each patient whose
				  care requires medical orders. A plan of treatment or plan of care for patients
				  requiring medical orders shall be:
(1)
				  Approved and signed within 30 working days by the attending physician, dentist,
				  podiatrist, or other licensed and legally authorized practitioner within his or
				  her scope of practice.
(2)
				  Developed in consultation with agency health professional staff.
(3) Modified and added to only with approval
				  of the attending physician, dentist, podiatrist, or other licensed and legally
				  authorized practitioner within his or her scope of practice.
(4) Reviewed and updated by the attending
				  physician, dentist, podiatrist, or other licensed and legally authorized
				  practitioner within his or her scope of practice in consultation with the
				  agency health professional personnel as frequently as the patient's condition
				  warrants and at least every 62 days.
(5) In compliance with applicable federal
				  requirements for a plan of care when the home health agency participates in the
				  Medicare and/or Medi-Cal program.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 3 - Services › Section 74699 - Summary Report. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of section and amendment of NOTE filed 4-28-95 as an emergency; operative
					 4-28-95 (Register 95, No. 17). A Certificate of Compliance must be transmitted
					 to OAL by 8-28-95 or emergency language will be repealed by operation of law on
					 the following day.
2. Repealer of section and amendment of NOTE
					 refiled 8-14-95 as an emergency; operative 8-14-95 (Register 95, No. 33). A
					 Certificate of Compliance must be transmitted to OAL by 12-12-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. Repealer of section and amendment of NOTE refiled 12-12-95
					 as an emergency; operative 12-12-95 (Register 95, No. 50). A Certificate of
					 Compliance must be transmitted to OAL by 4-10-96 or emergency language will be
					 repealed by operation of law on the following day.
4. Repealer of
					 section and amendment of NOTE refiled 4-11-96 as an emergency; operative
					 4-11-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted
					 to OAL by 8-9-96 or emergency language will be repealed by operation of law on
					 the following day.
5. Certificate of Compliance as to 4-28-95 order
					 transmitted to OAL 8-7-96 and disapproved 9-19-96 (Register 96, No.
					 38).
6. Repealer of section and amendment of NOTE filed 9-19-96 as
					 an emergency; operative 9-19-96 (Register 96, No. 38). A Certificate of
					 Compliance must be transmitted to OAL by 1-17-97 or emergency language will be
					 repealed by operation of law on the following day.
7. Editorial
					 correction of HISTORY 6 (Register 97, No. 3).
8. Repealer of section
					 and amendment of NOTE refiled 1-16-97 as an emergency; operative 1-16-97
					 (Register 97, No. 3). A Certificate of Compliance must be transmitted to OAL by
					 5-16-97 or emergency language will be repealed by operation of law on the
					 following day.
9. Repealer of section and amendment of NOTE refiled
					 5-15-97 as an emergency; operative 5-15-97 (Register 97, No. 20). A Certificate
					 of Compliance must be transmitted to OAL by 9-12-97 or emergency language will
					 be repealed by operation of law on the following day.
10.
					 Certificate of Compliance as to 5-15-97 order transmitted to OAL 8-26-97 and
					 filed 10-8-97 (Register 97, No. 41).
Note: Authority cited: Sections
						208(a)
						and
						1734,
						Health and Safety Code. Reference: Sections
						1727
						and
						1734,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 3 - Services › Section 74701 - Orders for Medication and Treatment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No medication or treatment shall be given
				  except on signed order of a person lawfully authorized to give such order. Such
				  order may be given by telephone and shall be signed by the patient's attending
				  physician, dentist, podiatrist, or other licensed and legally authorized
				  practitioner within his or her scope of practice within 30 working
				  days.
(b) All initial orders and
				  subsequent changes in orders for the administration of drugs shall be signed by
				  the physician, dentist, podiatrist, or other licensed and legally authorized
				  practitioner within his or her scope of practice and incorporated in the
				  patient's record maintained by the agency.
(c) All other changes in orders shall be
				  signed by the physician, dentist, podiatrist, or other licensed and legally
				  authorized practitioner within his or her scope of practice. All telephone
				  orders shall be received only by a licensed nurse or any other person lawfully
				  authorized to receive such orders as appropriate to their specialty areas.
				  Orders shall be recorded immediately in the patient's health record and shall
				  be countersigned by the attending physician, dentist, podiatrist, or other
				  licensed and legally authorized practitioner within his or her scope of
				  practice.
(d) Orders for therapy
				  services shall include the specific procedures to be used and the frequency and
				  duration. Orders may only be within that scope of practice allowed by the
				  licensure of the particular discipline involved.
(e) All orders shall be reviewed by the
				  attending physician, dentist, podiatrist, or other licensed and legally
				  authorized practitioner within his or her scope of practice at least every 62
				  days.
(f) Medications and
				  treatments shall be administered as prescribed and shall be recorded in
				  patient's health record, as administered.
1. Amendment
					 of section and NOTE filed 10-8-97; operative 10-8-97 (Register 97, No.
					 41).
Note: Authority cited: Sections
						1734
						and
						100275,
						Health and Safety Code. Reference: Sections
						1727
						and
						1734,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 3 - Services › Section 74703 - Director of Patient Care Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Patient care services provided by or
				  arranged for by a home health agency shall be under the direction of a Director
				  of Patient Care Services. The Director of Patient Care Services shall have
				  overall responsibility for coordination of patient care services and shall be
				  responsible for all activities relevant to the patient care services furnished
				  including the development of personnel qualifications and the assignment of
				  personnel. The Director of Patient Care Services or his or her registered nurse
				  designee shall be available on the premises or immediately accessible by
				  telecommunications during operating hours when patients are receiving services.
				  The Director of Patient Care Services shall devote a sufficient number of hours
				  to assure the quality and adequacy of services provided and supervision of
				  staff.
(b) The Director of Patient
				  Care Services shall qualify for the position by fulfilling the requirements
				  under one of the following categories, unless the individual has been
				  previously approved for such employment by a program flexibility issued for the
				  individual's current position at the home health agency prior to April 1, 1995:
(1) A registered nurse with a baccalaureate
				  or higher degree in nursing or other health related field with three years of
				  experience within the last five years in a home health agency, primary care
				  clinic or health facility, at least one year of which was in a supervisory or
				  administrative capacity; or
(2) A
				  registered nurse with four years experience within the last five years in a
				  home health agency, primary care clinic or health facility, at least one year
				  of which was in a supervisory or administrative capacity.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 3 - Services › Section 74707 - Skilled Nursing Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  responsibilities of registered nurse staff shall include, but not be limited
				  to, the following duties:
(1) Provide those
				  services requiring nursing skills in accordance with the plan of treatment or
				  the plan of care.
(2) Provide the
				  initial nursing assessment prior to the provision of care, provide the ongoing
				  periodic assessment of the patient and initiate preventative and rehabilitative
				  nursing procedures.
(3) Notify the
				  patient's attending physician, dentist, or podiatrist and other professional
				  persons and responsible staff of significant changes in the patient's condition
				  pursuant to Section
				  74697(d).
(4) Assist in coordinating all services
				  provided.
(5) Prepare documentation
				  and clinical notes.
(6) Educate and
				  instruct the patient, patient's family, or staff as required. For licensed
				  vocational nurses, this is limited to teaching patient information which is
				  outlined in and consistent with the Licensed Vocational Nurse Practice
				  Act.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 3 - Services › Section 74709 - Home Health Aide/Personal Care Services Supervision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When an agency provides or arranges for
				  home health aide services for a patient in conjunction with skilled nursing
				  services, the services shall be given in accordance with a written plan of
				  treatment or plan of care and the case shall be supervised by a registered
				  nurse.
(1) If the patient receives skilled
				  nursing care, the registered nurse shall perform the supervisory visit
				  described in (a)(2) of this section, unless the registered nurse, in the
				  exercise of professional judgment, delegates this task to a licensed vocational
				  nurse. The registered nurse shall provide the initial assessment of the patient
				  and the care environment. If the patient is not receiving skilled nursing care,
				  but is receiving another skilled service (e.g. physical therapy, occupational
				  therapy, or speech-pathology services), the initial assessment or evaluation
				  and supervision may be provided by the appropriate therapist, when within his
				  or her scope of practice. The supervisor nurse shall be responsible for:
(A) Assigning home health aides to a case in
				  accordance with the plan of treatment or plan of care as required in subsection
				  (a).
(B) Providing written
				  instructions for patient care.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 3 - Services › Section 74710 - Personal Care/Home Health Aide Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Personal care/home health aide services
				  may include, but not be limited to, the following duties:
(1) Assisting patients with personal hygiene
				  such as skin, mouth, hair care and bathing.
(2) Assisting patients in and out of bed and
				  assisting with ambulation.
(3)
				  Assisting with prescribed exercises which patients and aides have been taught
				  by appropriate health personnel.
(4) Preparing meals, including therapeutic
				  diets, and assisting patients with eating.
(5) Assisting patients to the bathroom or in
				  using commodes, bedpans or urinals.
(6) Performing household services which will
				  facilitate the patient's self-care at home and are necessary to prevent or
				  postpone institutionalization.
(7)
				  Assisting patients with medications which are ordinarily self administered. The
				  home health aide shall not administer medications of any kind.
(8) Performing other activities taught by a
				  health professional for a specific patient. These may include such services as
				  changing colostomy bags, changing of non-sterile dressings, taking of vital
				  signs, and non-sterile bowel and bladder hygiene care.
(9) Reporting changes in the patient's
				  condition and needs to the supervising nurse or therapist.
(10) Completing records regarding services
				  performed.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 6 - Home Health Agencies › Article 3 - Services › Section 74711 - Therapy Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Physical therapy, occupational therapy and speech therapy services offered by
				  the agency directly or under arrangement shall be given by or under the
				  supervision of a qualified therapist in accordance with a plan of
				  treatment.
(b) The qualified
				  therapist duties include:
(1) Providing
				  treatment as ordered by the attending physician, dentist or
				  podiatrist.
(2) Assisting the
				  physician in evaluating level of function.
(3) Assisting in developing and updating the
				  plan of treatment.
(4) Observing,
				  recording and reporting information on the patient's condition to the attending
				  physician and in the patient's health record.
(5) Advising, consulting and, when
				  appropriate, instructing family and other agency personnel, in patient's
				  therapy program.
(6) Teaching and
				  supervising other health personnel when appropriate.
(7) Evaluating the home environment and
				  making appropriate recommendation.
(8) Participating in in-service education
				  programs.