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 4 - Intermediate Care Facilities › Article 5 - Physical Plant › Section 73653 - Maintenance Manual

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  written manual on maintenance of heating, air conditioning and ventilation
				  systems shall be adopted by each facility.
(b) A maintenance log shall be
				  maintained.
(c) Where maintenance
				  is performed by an equipment service company, a certification shall be provided
				  to the licensee that the required work has been performed in accordance with
				  acceptable standards. This certification shall be retained on file in the
				  facility.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 5 - Physical Plant › Section 73655 - Mechanical Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Air conditioning and ventilating systems shall be
					 maintained in normal operating conditions to provide a comfortable temperature
					 and to meet the new construction requirements in effect at the time plans were
					 approved for the facility.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 5 - Physical Plant › Section 73657 - Screens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where necessary to protect against flies and other insects,
					 screens of six mesh per centimeter (16 mesh per inch) shall be provided on
					 doors and windows. Screen doors shall be of a type or installed as approved by
					 the State Fire Marshal.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 5 - Physical Plant › Section 73659 - Storage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General and
				  specialized storage space shall be maintained adequate to meet the needs of
				  patients, for efficient operation of the facility and as required at the time
				  of licensure. Storage shall not be permitted in air distribution chambers of
				  heating, air conditioning or ventilating systems.
(b) Intermediate care facilities shall
				  maintain combined general and specialized storage in accordance with the
				  following schedule:
1-10
								bed..................................................................
11 square meters (120 square feet)
								minimum
11-100
								beds...........................................................
1.1 square meters (12 square feet) per
								bed
over 100
								beds.........................................................
111 square meters plus 0.5 square meters (1200
								square feet plus five square feet) per bed for each bed over 100
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 5 - Physical Plant › Section 73661 - Space

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All spaces located in the facility or internally connected
					 to a licensed facility shall be considered a part of the facility and subject
					 to licensing regulations.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 5 - Physical Plant › Section 73663 - Linen

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A supply of
				  linen shall be provided sufficient for not less than three complete bed changes
				  for the facility's licensed capacity. Particular attention shall be given to
				  assuring a supply of clean linen during and after weekends, holidays and other
				  periods when laundry service is not available.
(b) There shall be written procedures posted
				  pertaining to the handling, storage, transportation and processing of
				  linens.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 5 - Physical Plant › Section 73665 - Laundry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a facility
				  operates it own laundry such laundry shall be:
(1) Located in relationship to other areas
				  that steam, odors, lint and objectionable noises do not reach patient or
				  personnel areas.
(2) Adequate in
				  size, well-lighted and ventilated to meet the needs of the facility.
(3) Laundry equipment shall be of a suitable
				  capacity, kept in good repair and maintained in a sanitary condition.
(4) The laundry space shall be maintained in
				  a clean and sanitary condition.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 5 - Physical Plant › Section 73667 - Laundry Areas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Clean linen and soiled linen shall each be stored in separate rooms maintained
				  for that purpose.
(b) Handwashing
				  and toilet facilities shall be provided at locations convenient to the laundry
				  for personnel.
(c) Linen carts
				  shall be labeled "soiled" or "clean linen" made of washable materials and
				  laundered or suitably cleaned daily.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 5 - Physical Plant › Section 73669 - Clean Linen

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Clean linen shall be stored, handled and transported in a way that precludes
				  cross contamination.
(b) Clean
				  linen shall be stored in clean, ventilated closets, rooms, or alcoves used only
				  for that purpose.
(c) Clean linen
				  from a commercial laundry shall be delivered to a designated clean
				  area.
(d) Linens shall be
				  maintained in good repair.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 5 - Physical Plant › Section 73671 - Soiled Linen

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Soiled linen shall be handled, stored and processed in a manner that will
				  prevent the spread of infection.
(b) Soiled linen shall be sorted in a
				  separate room by methods affording protection from contamination.
(c) Soiled linen shall be stored and
				  transported in a closed container which does not permit airborne contamination
				  of corridors and areas occupied by patients and precludes cross contamination
				  of clean linen.
(d) When laundry
				  chutes are used to transport soiled linen, they shall be maintained in a clean,
				  sanitary state.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 5 - Physical Plant › Section 73673 - Wash Cloths and Towels

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An adequate supply of clean wash cloths and towels shall be
					 provided for each patient.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 5 - Physical Plant › Section 73675 - Housekeeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each facility
				  shall make provisions for the routine cleaning of articles and surfaces such as
				  furniture, floors, walls, ceilings, supply and exhaust grills and lighting
				  fixtures.
(b) There shall be
				  routines and procedures posted indicating daily, weekly and monthly cleaning
				  schedules, for all areas of the facility.
(c) There shall be sufficient cleaning
				  supplies and equipment available to housekeeping staff.
(1) Cleaning supplies and equipment shall be
				  stored in rooms for housekeeping use only.
(2) A commercial detergent germicide shall be
				  used for all cleaning.
(3) Mop
				  heads shall be removable and changed at least daily.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 5 - Physical Plant › Section 73677 - Autoclaving, Sterilizing and Disinfecting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All facilities shall make provision
				  within the facility, or by acceptable arrangements for outside service, for
				  proper sterilization of dressings, utensils, instruments and solutions used in
				  the facility.
(b) All sterilization
				  of supplies and equipment in the facility shall be under the supervision of a
				  person qualified by experience and training.
(1) Autoclaves and sterilizers where provided
				  shall be maintained in operating condition at all times.
(2) Instructions for operating autoclaves and
				  sterilizers shall be posted.
(3)
				  Written instructions for preparing supplies for autoclaving and for the
				  operation of autoclaves shall be available to personnel. This shall include the
				  method of packaging, loading the autoclave, temperature and pressure to be
				  applied and the period of exposure.
(4) Autoclaves shall be checked at least
				  weekly to verify that recording thermometers and indicating thermometers
				  reasonably coincide.
Records of recording thermometers shall be checked for each
					 load to verify that the performance of the autoclave is in accordance with
					 established standards for sterilization. Records of recording thermometers
					 shall be preserved for one year. Recording thermometers are not required on
					 portable sterilizers and autoclaves.
(5) Autoclaving results shall be checked at
				  least monthly by bacteriological tests. Records of results of such tests shall
				  be preserved at least one year.
(6)
				  Sterilized supplies and equipment shall be dated.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 5 - Physical Plant › Section 73679 - Disinfecting and Sterilizing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All facilities shall make provision for disinfection of contaminated articles
				  or surfaces such as mattresses, linen, thermometers and oxygen tents.
(b) Equipment such as washbasins and bedpans
				  shall be sanitized by one of the following methods:
(1) Submersion in boiling water for a minimum
				  of 30 minutes.
(2) Autoclaving at
				  15 pounds pressure and 121°C (250°F) for 20 minutes.
(3) Gas sterilization.
The use of chemicals is not approved as a substitute for
					 the above methods.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 5 - Physical Plant › Section 73681 - Provisions for Emptying Bedpans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Bedpans shall be cleaned in utility or
				  hopper rooms unless toilets adjoining patients' rooms are equipped with
				  flushing attachments and vacuum breakers. Bathtubs, lavatories or laundry trays
				  shall not be used for cleaning bedpans.
(b) Bedpan covers shall not be used
				  interchangeably.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 5 - Physical Plant › Section 73683 - Cleaning, Disinfecting and Sterilizing Manual

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A written manual on cleaning, disinfecting and sterilizing
					 procedures shall be adopted, and all such procedures shall be in accordance
					 with the manual. This manual shall include procedures used in the care of
					 utensils, instruments, solutions, dressings, articles and
					 surfaces.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 5 - Physical Plant › Section 73685 - Centralized Services Shared by Several Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nothing in these requirements shall prohibit the provision
					 of required services from a centralized service facility serving two or more
					 licensed facilities when approved in writing by the
					 Department.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 6 - Violations and Civil Penalties › Section 73701 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
				  definitions shall apply to this Article:
(1)
				  "Substantial probability" means that the more likely consequence of a violation
				  is death or serious physical harm to a patient.
(2) "Serious physical harm" means that type
				  of bodily injury in which:
(A) A part of the
				  body would be permanently removed, rendered functionally useless, or
				  substantially reduced in capacity, either temporarily or permanently
				  or
(B) A part of an internal
				  function of the body would be inhibited in its normal performance to such a
				  degree as to shorten life or cause reduction in physical or mental
				  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 4 - Intermediate Care Facilities › Article 6 - Violations and Civil Penalties › Section 73702 - Class "a" Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Class "A" violation is any violation of a statute or
					 regulation relating to the operation or maintenance of any intermediate care
					 facility which presents an imminent danger to the patients of the intermediate
					 care facility or a substantial probability that death or serious physical harm
					 would result therefrom. A physical condition or one or more practices, means,
					 methods or operations in use in an intermediate care facility may constitute
					 such a violation.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 6 - Violations and Civil Penalties › Section 73703 - Class "a" Violations-Examples

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of section and new NOTE filed 5-30-96; operative 6-29-96 (Register 96, No.
					 22).
Note: Authority cited: Sections
						100275(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1276,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 6 - Violations and Civil Penalties › Section 73705 - Class "B" Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A class "B" violation is any violation of a statute or
					 regulation relating to the operation or maintenance of any intermediate care
					 facility which has a direct or immediate relationship to the health, safety or
					 security of the patients of the intermediate care facility, other than class
					 "A" violations.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 6 - Violations and Civil Penalties › Section 73707 - Class "B" Violations-Examples

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of section and new NOTE filed 5-30-96; operative 6-29-96 (Register 96, No.
					 22).
Note: Authority cited: Sections
						100275(a)
						and
						1275,
						Health and Safety Code. Reference: Section
						1276,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 6 - Violations and Civil Penalties › Section 73709 - Class "C" Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A class "C" violation is any violation of a statute or
					 regulation relating to the operation or maintenance of any intermediate care
					 facility which the Department determines has only a minimal relationship to the
					 health or safety of intermediate care facility patients.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 6 - Violations and Civil Penalties › Section 73711 - Filing of Names and Addresses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee of each intermediate care
				  facility shall file with the Department the address of the licensee to which
				  all citations and notices concerning any class "A" or class "B" violations
				  shall be mailed by the Department.
(b) Each such licensee shall also designate
				  one or more persons who is authorized to accept on the licensee's behalf, any
				  citations to be served by any representative of the Department.
(c) Each such licensee shall file with the
				  Department the names or titles of those persons who are such designees of the
				  licensee.
(d) Each such licensee
				  shall also file with the Department a written notice of any change in address
				  or of any change of designee. The Department shall mail all citations or
				  notices to the latest address on file with the Department.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 6 - Violations and Civil Penalties › Section 73713 - Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person may
				  request an inspection of any intermediate care facility by giving notice to the
				  Department of an alleged violation of applicable requirements of law or
				  regulations.
(b) Any such notice
				  shall be in writing, signed by the complainant and shall set forth with
				  reasonable particularity the matters complained of. The substance of the
				  complaint shall be provided to the licensee no earlier than at the commencement
				  of the inspection. Neither the name of the individual complainant nor other
				  person mentioned in the complaint shall be disclosed by the Department, unless
				  the complainant specifically requests the release of such name or names or the
				  matter results in a judicial proceeding.
(c) Upon the request of either the
				  complainant or the Department, the complainant or his representative, or both,
				  may be allowed to accompany the inspector to the site of the alleged violations
				  during his tour of the facility, unless the inspector determines that the
				  privacy of any patient would be violated.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 6 - Violations and Civil Penalties › Section 73717 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The condition
				  or practice constituting a class "A" violation shall be abated or eliminated
				  immediately, unless a fixed period of time, as determined by the Department, is
				  required for correction. A class "A" violation is subject to a civil penalty in
				  an amount not less than one thousand dollars ($1,000) and not exceeding five
				  thousand dollars ($5,000) for each and every violation. In fixing the amount of
				  the civil penalty to be imposed for a class "A" violation, the district
				  administrator, or his designee, shall consider:
(1) The gravity of the violation, which shall
				  include:
(A) The degree of substantial
				  probability that death or serious physical harm to a patient will result, and
				  if applicable, did result, from the violation.
(B) The severity of serious physical harm
				  most likely to result, and if applicable, that did result, from the
				  violation.
(C) The extent to which
				  the provisions of the applicable statutes or regulations were
				  violated.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 6 - Violations and Civil Penalties › Section 73719 - Review Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If a licensee does not wish to contest a citation, he may transmit to the
				  Department, within four business days, after the issuance of the citation the
				  sum of $1,000 for each class "A" violation and the sum of $50 for each class
				  "B" violation.
(b) If a licensee
				  desires to contest a citation, the assessment of a proposed civil penalty, or
				  the date specified for correction of a violation, he shall, within four
				  business days after service of the citation or assessment of the proposed civil
				  penalty, as the case may be, serve upon the district administrator, or his
				  designee, either personally or by registered or certified mail, the licensee's
				  written notice that:
(1) An informal
				  conference be scheduled to review the matter with the district administrator or
				  his designee; or
(2) The case be
				  presented to the Superior Court for appropriate action.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 6 - Violations and Civil Penalties › Section 73721 - Informal Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The district administrator or his designee shall hold, within four business
				  days from the receipt of the licensee's request, an informal conference.
(1) The licensee shall have the right to be
				  represented by legal counsel, to present oral and written evidence or other
				  information on its behalf, and to explain any mitigating
				  circumstances.
(2) The
				  representatives of the Department who issued the citation should attend the
				  conference and present whatever evidence or information, oral or written, in
				  substantiation of the alleged violation.
(3) The conference shall be a simple informal
				  proceeding, and shall not be conducted in the manner of a judicial hearing or
				  as a hearing under the Administrative Procedure Act (Chapter 5 (commencing with
				  Section 11500) of Part 1 of Division 3 of
				  Title 2 of the Government Code), and need not be conducted according to
				  technical rules relating to evidence and witnesses.
(4) Neither the licensee nor the Department
				  shall have the right to subpoena any witness to attend the conference, nor to
				  formally cross-examine any person testifying at the conference. However, both
				  the licensee and the Department may present any witness on its behalf at the
				  conference.
(5) At the conclusion
				  of the informal conference, the district administrator or the designee
				  conducting the conference, may affirm, modify or dismiss the citation, the
				  proposed assessment of a civil penalty, or the date of correction of a
				  violation.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 6 - Violations and Civil Penalties › Section 73723 - Posting of Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each citation for a class "A" violation which has become final, or copy or
				  copies thereof, shall be prominently posted by the licensee until the violation
				  is corrected to the satisfaction of the Department, up to a maximum of 120
				  days. The citation or copy shall be posted in a place or places in plain view
				  of the patients in the intermediate care facility, persons visiting those
				  patients and persons who inquire about placement in the facility.
(b) Each citation for class "A" or class "B"
				  violations which has become final, or a copy or copies thereof, shall be
				  retained by the licensee at the facility cited until the violation is corrected
				  to the satisfaction of the Department. Each such citation shall be made
				  promptly available by the licensee for inspection or examination by any member
				  of the public who so requests. In addition, every licensee shall post in a
				  place or places in plain view of the patient in the intermediate care facility,
				  persons visiting those patients and persons who inquire about placement in the
				  facility, a prominent notice informing such persons that copies of all final
				  uncorrected violations issued by the Department to the facility will be made
				  promptly available by the licensee for inspection by any person who so
				  requests.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 6 - Violations and Civil Penalties › Section 73725 - Interference with Official Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any duly authorized officer, employee or
				  agent of the Department may enter and inspect any facility, including, but not
				  limited to, interviewing patients and reviewing records at any time.
				  Inspections conducted pursuant to complaints filed with the Department shall be
				  conducted in such a manner as to ensure maximum effectiveness. No advance
				  notice shall be given of any inspection unless previously and specifically
				  authorized by the Director or required by federal law.
(b) No licensee or employee of any
				  intermediate care facility shall:
(1)
				  Willfully prevent, interfere with or attempt to impede in any way the work of
				  any duly authorized representative of the department in the lawful enforcement
				  of his inspection duties.
(2)
				  Willfully prevent or attempt to prevent any such representative from examining
				  any relevant books or records in the conduct of his inspection
				  duties.
(3) Willfully prevent or
				  interfere with any such representative in the preserving of evidence of any
				  violation of these regulations.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4 - Intermediate Care Facilities › Article 6 - Violations and Civil Penalties › Section 73727 - Discrimination or Retaliation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No licensee shall discriminate or
				  retaliate in any manner against a patient or employee in its intermediate care
				  facility on the basis or for the reason that such patient or employee or any
				  other person has initiated or participated in any proceeding specified in these
				  regulations. A licensee who violates this provision is also subject under
				  Section
				  1432
				  of the Health and Safety Code to a civil penalty of no more than five hundred
				  dollars ($500).
(b) Any attempt to
				  expel a patient from an intermediate care facility or any type of
				  discriminatory treatment of a patient by whom, or upon whose behalf, a
				  complaint has been submitted to the Department or any proceeding instituted
				  under or related to this article within 120 days of the filing of the complaint
				  or the institution of such action, shall raise a rebuttable presumption that
				  such action was taken by the licensee in retaliation for the filing of the
				  complaint.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 4.5 - Intermediate Care Facility/Developmentally Disabled-Nursing [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Chapter 4.5
				(sections 73800-73956, inclusive) repealed
				by operation of Government Code section
				11346.1(g)
				(Register 93, No. 4). For prior history, see Register 89, No. 24.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 5 - Referral Services › Article 1 - Definitions › Section 74001 - Agency Manager

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Agency manager" means a person responsible to the licensee
					 for the overall management of the referral agency.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 5 - Referral Services › Article 1 - Definitions › Section 74003 - Client

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Client" means any person applying to a referral agency on
					 behalf of himself or another for assistance in locating an appropriate health
					 facility and effecting placement therein.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 5 - Referral Services › Article 1 - Definitions › Section 74005 - Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Department" means the State Department of Health
					 Services.
1. Amendment
					 filed 6-30-78 as an emergency; designated effective at 11:59 p.m. on 6-30-78
					 (Register 78, No. 26).
2. Certificate of Compliance transmitted to
					 OAH 10-27-78; filed 10-31-78 (Register 78, No.
					 44).
Note: Authority cited: Sections
						208,
						1255,
						1266,
						1275,
						1402
						and
						1426,
						Health and Safety Code; Sections
						7354,
						14105
						and
						14124.5,
						Welfare and Institutions Code. Reference: Sections
						1222,
						1229,
						1250,
						1251,
						1251.5,
						1252,
						1253-
						1257,
						1265,
						1265.5,
						1265.7,
						1265.8,
						1266-
						1270,
						1275-
						1280,
						1282,
						1294-
						1298,
						1300,
						1315,
						1316-
						1318,
						1400-
						1405,
						1410-
						1412,
						1417.1,
						1418-
						1432,
						1437,
						1439,
						1729,
						1734,
						38254
						and
						38255,
						Health and Safety Code; Sections
						7354,
						14105
						and
						14124.5,
						Welfare and Institutions Code. Specific reference: Chapter 1252, Statutes of
						1977.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 5 - Referral Services › Article 1 - Definitions › Section 74007 - Health Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Health facility" means for the purposes of this chapter
					 any facility licensed by the Department as a skilled nursing facility or an
					 intermediate care facility. "Health facility" also includes a distinct part of
					 a hospital, a skilled nursing facility or an intermediate care facility
					 licensed by the Department to provide skilled nursing care or intermediate
					 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 5 - Referral Services › Article 1 - Definitions › Section 74009 - License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"License" means a basic permit to operate a referral
					 agency.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 5 - Referral Services › Article 1 - Definitions › Section 74011 - Psychiatric Technician

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Psychiatric technician means a person licensed as a
					 psychiatric technician by the Board of Vocational Nursing and Psychiatric
					 Technicians.
1. Change
					 without regulatory effect amending section heading and section and adding new
					 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,
						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 5 - Referral Services › Article 1 - Definitions › Section 74013 - Licensed Vocational Nurse

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Licensed vocational nurse means a person licensed as a
					 licensed vocational nurse by the Board of Vocational Nursing and Psychiatric
					 Technicians.
1. Change
					 without regulatory effect amending section and adding new 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,
						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 5 - Referral Services › Article 1 - Definitions › Section 74015 - Licensee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Licensee" means the person, firm, association, partnership
					 or corporation to whom a license has been issued.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 5 - Referral Services › Article 1 - Definitions › Section 74017 - Patient

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Patient" means the person requiring admission to a health
					 facility, on whose behalf the assistance of the referral agency is sought. The
					 patient is a client if he is seeking referral on his own
					 behalf.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 5 - Referral Services › Article 1 - Definitions › Section 74019 - Referral Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Referral agency" means a private, profit or nonprofit
					 agency which is engaged in the business of referring persons for remuneration
					 to any health facility.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 5 - Referral Services › Article 1 - Definitions › Section 74021 - Registered Nurse

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Registered nurse" means a person licensed as a registered
					 nurse by the Board of Registered Nursing.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 5 - Referral Services › Article 1 - Definitions › Section 74023 - 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 adding new 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: Section
						131200,
						Health and Safety Code. Reference: Sections
						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 5 - Referral Services › Article 2 - License › Section 74101 - License Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  person, partnership, firm, corporation or association shall operate, establish,
				  conduct or maintain a referral agency or hold out, represent or advertise by
				  any means that it operates or conducts a referral agency, without first
				  obtaining a license from the Department.
(b) The provisions of this article do not
				  apply to any local public agency performing referral services without cost to
				  recipients of public social services when otherwise authorized by
				  law.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 5 - Referral Services › Article 2 - License › Section 74103 - Application Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  license application shall be forwarded to the Department whenever any of the
				  following circumstances occur:
(1) Change of
				  ownership of referral agency.
(2)
				  Change of name of referral agency.
(3) Change of location of referral
				  agency.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 5 - Referral Services › Article 2 - License › Section 74105 - Content of Application for License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person, partnership, firm,
				  corporation or association desiring to obtain a license shall file with the
				  Department an application on forms furnished by the Department. The application
				  shall contain the following:
(1) Name of
				  applicant, and if an individual, whether the applicant has attained the age of
				  18 years.
(2) Name of referral
				  agency.
(3) The location of the
				  referral agency.
(4) The business
				  or occupation engaged in by each applicant, and by each partner, officer and
				  director, for at least two years immediately preceding the filing of the
				  application. In addition, each such person shall submit a statement setting
				  forth whether he has previously engaged in the operation of a referral agency,
				  whether he has been involved in, or the subject of, a refusal or revocation of
				  a referral agency license, and whether he has been convicted of a crime other
				  than a minor traffic offense.
(5)
				  If the applicant is a corporation, the name and principal business address of
				  each officer and director of the corporation; and for nonpublic corporations,
				  the name and business address of each stockholder owning ten percent or more of
				  the stock and the name and business address of any corporation member who has
				  responsibility in the operation of the facility.
(6) If the applicant is a partnership, the
				  name and principal business address of each partner.
(7) Evidence of the right to occupy the
				  premises where the referral agency is to be located.
(8) A copy of the partnership agreement or
				  the Articles of Incorporation, if applicable.
(9) A copy of the current organization
				  chart.
(10) A schedule of fees to
				  be charged and collected by the referral agency, and a statement of the method
				  by which each fee is to be computed or determined.
(11) A declaration that neither the licensee
				  nor any member of the partnership or corporation will have any financial
				  interest in any health facility doing business with the referral
				  agency.
(12) Such other information
				  or documents as may be required by the Department for the proper administration
				  and enforcement of the licensing law and requirements.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 5 - Referral Services › Article 2 - License › Section 74107 - Referral Agency-Name

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall reject any proposed agency name which
					 is the same or similar to that of another licensed referral
					 agency.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 5 - Referral Services › Article 2 - License › Section 74108 - Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  application for a license shall be accompanied by the prescribed fee as
				  authorized by Health and Safety Code, section
				  1266.
(b) No fee shall be refunded to the applicant
				  if the application is withdrawn or if the application is denied by the
				  Department.
(c) An additional fee
				  of $25.00 shall be charged for processing any change of name. However, no
				  additional fee shall be charged for any change of name, which is processed upon
				  a renewal application or upon an application filed because of a change of
				  ownership.
1. New
					 section filed 1-30-80; effective thirtieth day thereafter (Register 80, No.
					 5).
2. Change without regulatory effect amending section and NOTE
					 filed 1-9-2013 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2013, No. 2).
Note: Authority cited: Sections
						1266,
						1275
						and
						131200,
						Health and Safety Code. Reference: Sections
						1266,
						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 5 - Referral Services › Article 2 - License › Section 74109 - Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 10-8-76; effective thirtieth day thereafter (Register 76, No.
					 41).
2. Amendment filed 1-4-77; effective thirtieth day thereafter
					 (Register 77, No. 2).
3. Amendment of subsection (a) filed 11-8-78;
					 effective thirtieth day thereafter (Register 78, No. 45).
4.
					 Amendment filed 9-28-79; effective thirtieth day thereafter (Register 79, No.
					 39).
5. Change without regulatory effect repealing section filed
					 1-9-2013 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2013, No. 2).
Note: Authority cited: Sections
						208,
						1222,
						1229,
						1266,
						1275,
						1402,
						1403,
						1523,
						1530,
						1531,
						1729
						and
						1734,
						Health and Safety Code. Reference: Sections
						1229,
						1266,
						1403,
						1523,
						and
						1729,
						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 5 - Referral Services › Article 2 - License › Section 74111 - Issuance, Expiration and Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon verification of compliance with
				  licensing requirements, the Department shall issue the license to the
				  applicant.
(b) If the applicant is
				  not in compliance with the laws or regulations, the Department shall deny the
				  applicant a license. Immediately upon the denial of any license, the Department
				  shall notify the applicant in writing. Within 20 days of receipt of the
				  Department's notice, the applicant may present his written petition for a
				  hearing to the Department. Upon receipt by the Department of the petition in
				  proper form, such petition shall be set for hearing within 30 days. The
				  proceedings shall be conducted in accordance with Chapter 5 (commencing with
				  Section 11500) of Part I of Division 3 of
				  Title 2 of the Government Code.
(c)
				  Each license shall expire at midnight, one year from the date of
				  issuance.
(d) At least 45 days
				  prior to expiration of a license the Department shall mail an application for
				  renewal of license form to each licensee. Application for renewal accompanied
				  by the necessary fees shall be filed with the Department not less than ten days
				  prior to the expiration date. Failure to make a timely renewal shall result in
				  expiration of the license.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 5 - Referral Services › Article 2 - License › Section 74113 - Separate Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Separate licenses shall be required for referral agencies
					 which are maintained on separate, noncontiguous premises.