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 12 - Correctional Treatment Centers › Article 6 - Physical Plant and Safety › Section 79823 - Inmate-Patient Capacity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  correctional treatment center shall not have more inmate-patient or beds set up
				  for use than the number for which it is licensed, except in case of emergency
				  when temporary permission may be granted by the Director or designee.
(b) Inmate-patients shall not be housed in
				  areas which have not been approved by the Department for inmate-patient housing
				  and which have not been given a fire clearance by the State Fire Marshal except
				  as provided in subsection (a) above.
1. New
					 section filed 6-10-94; operative 1-1-96 pursuant to Health and Safety Code
					 section
					 1250
					 (Register 94, No. 23).
Note: Authority cited: Sections
						208(a)
						and
						1267.10(a),
						Health and Safety Code. Reference: Sections
						1275
						and
						15007,
						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 12 - Correctional Treatment Centers › Article 6 - Physical Plant and Safety › Section 79825 - Fire Safety

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All correctional treatment centers shall be maintained in
					 conformity with the regulations adopted by the State Fire Marshal for the
					 prevention of fire and for protection of life and property against fire and
					 panic. All correctional treatment centers shall secure and maintain fire safety
					 clearance from the State Fire Marshal's office or its
					 designee.
1. New
					 section filed 6-10-94; operative 1-1-96 pursuant to Health and Safety Code
					 section
					 1250
					 (Register 94, No. 23).
Note: Authority cited: Sections
						208(a)
						and
						1267.10(a),
						Health and Safety Code. Reference: Sections
						1250(j)
						and
						1254,
						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 12 - Correctional Treatment Centers › Article 6 - Physical Plant and Safety › Section 79827 - Inmate-Patient Rooms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each inmate-patient room shall be labeled with a number, letter, or combination
				  of the two for identification.
(b)
				  Inmate-patients shall be accommodated only in rooms meeting the space
				  requirements of Section
				  1015 F(a), Chapter 10F, Part 2,
				  Title 24, California Code of Regulations.
1. New
					 section filed 6-10-94; operative 1-1-96 pursuant to Health and Safety Code
					 section
					 1250
					 (Register 94, No. 23).
Note: Authority cited: Sections
						208(a)
						and
						1267.10(a),
						Health and Safety Code. Reference: Sections
						1250(j)
						and
						1254,
						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 12 - Correctional Treatment Centers › Article 6 - Physical Plant and Safety › Section 79829 - Inmate-Patient Room Furnishings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A clean, comfortable bed with a mattress,
				  pillow, blankets, bed linen and provisions for the storage of personal items
				  shall be provided for each licensed bed. All furnishings will be in good repair
				  and suitable for special inmate-patient needs.
(b) Adjustable beds, side rails and overbed
				  tables shall be provided as required by the inmate-patient's
				  condition.
1. New
					 section filed 6-10-94; operative 1-1-96 pursuant to Health and Safety Code
					 section
					 1250
					 (Register 94, No. 23).
Note: Authority cited: Sections
						208(a)
						and
						1267.10(a),
						Health and Safety Code. Reference: Sections
						1250(j)
						and
						1254,
						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 12 - Correctional Treatment Centers › Article 6 - Physical Plant and Safety › Section 79831 - Special Rooms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Special rooms shall be maintained for the isolation of a
					 single patient in the ratio of one room for each 35 beds or major fraction
					 thereof. These rooms shall be used for isolation of inmate-patients with
					 infectious disease, acute or terminal illness, or those who become agitated and
					 create a disturbance. At least one special room shall be maintained with
					 toilets, hand washing and bathing or showering facilities which are not shared
					 with other inmate-patients. These rooms shall also comply with applicable
					 provisions of the California Building Standards Code regarding isolation
					 rooms.
1. New
					 section filed 6-10-94; operative 1-1-96 pursuant to Health and Safety Code
					 section
					 1250
					 (Register 94, No. 23).
Note: Authority cited: Sections
						208(a)
						and
						1267.10(a),
						Health and Safety Code. Reference: Sections
						1250(j)
						and
						1254,
						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 12 - Correctional Treatment Centers › Article 6 - Physical Plant and Safety › Section 79833 - Provision for Emptying Bedpans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Bedpans shall be emptied and cleaned in
				  soiled utility rooms or in toilets adjoining or within patients' rooms. Such
				  toilets shall be equipped with flushing attachments for bedpan washing and
				  vacuum breakers.
(b) Utility rooms
				  shall be maintained in each correctional treatment center and shall be designed
				  for separation of clean and dirty work areas. Separate clean and dirty utility
				  rooms may be provided alternatively. Each utility room shall include a work
				  counter, a hand washing fixture, and a rim flush clinic sink.
1. New
					 section filed 6-10-94; operative 1-1-96 pursuant to Health and Safety Code
					 section
					 1250
					 (Register 94, No. 23).
Note: Authority cited: Sections
						208(a)
						and
						1267.10(a),
						Health and Safety Code. Reference: Sections
						1250(j)
						and
						1254,
						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 12 - Correctional Treatment Centers › Article 6 - Physical Plant and Safety › Section 79835 - Central Sterile Supply

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  correctional treatment center shall have a sufficient supply of properly
				  sterilized equipment and materials for the patient care needs.
(b) The correctional treatment center shall
				  provide for the storage of a sufficient supply of sterile materials and shall
				  have a system to dispense them throughout the correctional treatment center.
				  The area in which the sterile materials are stored and dispensed shall be
				  designated, equipped and staffed for this purpose.
(c) A specific person shall be designated to
				  be in charge of the central sterile supply.
(d) There shall be written procedures
				  developed and implemented pertaining to the preparation, handling and
				  distribution of sterile supplies and equipment.
(e) There shall be effective separation of
				  soiled or contaminated supplies and equipment from the clean or sterile
				  supplies and equipment to prevent cross-contamination of the clean or sterile
				  supplies and equipment.
(f) Sterile
				  supplies and equipment shall be stored in clean cabinets, cupboards or on clean
				  shelves. An orderly system of rotation and utilization of sterile supplies
				  shall be used based on the shelf life of the wrap.
1. New
					 section filed 6-10-94; operative 1-1-96 pursuant to Health and Safety Code
					 section
					 1250
					 (Register 94, No. 23).
Note: Authority cited: Sections
						208(a)
						and
						1267.10(a),
						Health and Safety Code. Reference: Sections
						1250(j)
						and
						1254,
						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 12 - Correctional Treatment Centers › Article 6 - Physical Plant and Safety › Section 79837 - Preparation of Sterile Supplies and Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The processing and sterilizing of
				  equipment and supplies shall be under the supervision of a person who has
				  knowledge of principles of cleaning, sterilizing and infection control as
				  evidenced by training and experience.
(b) Policies and procedures shall be
				  developed, maintained and implemented on the proper decontamination,
				  disinfection and sterilization of equipment and supplies. Procedures shall
				  include, but not be limited to, the following:
(1) Proper techniques for utilization of the
				  sterilization equipment, including the loading and unloading of equipment and
				  supplies.
(2) Establishing the
				  proper parameters for sterilization, e.g., temperature, pressure and period of
				  exposure for steam sterilization.
(3) Length of aeration period of gas
				  sterilized items.
(4) Packaging,
				  labeling and dating of sterilized items, including date of sterilization and
				  expiration of safe shelf life.
(5)
				  A recall system including quarantine periods and procedures to be implemented
				  in the event of a recall.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 12 - Correctional Treatment Centers › Article 6 - Physical Plant and Safety › Section 79839 - Call Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  call system shall be maintained in operating order in all nursing units. Call
				  systems shall be maintained to provide visible and audible signal communication
				  between nursing personnel and patients. The minimum requirements shall be:
(1) A call station or stations providing
				  readily accessible patient controls to each patient bed.
(2) A visible signal in the corridor above or
				  adjacent to the door of each patient room.
(3) An audible signal and light, on a
				  continuous or intermittent basis indicating the room from which the call
				  originates shall be located at the nurses' stations. Alternate systems must be
				  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 12 - Correctional Treatment Centers › Article 6 - Physical Plant and Safety › Section 79841 - General Maintenance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The correctional treatment center shall be in good repair and working
				  order.
(b) The correctional
				  treatment center shall have an organized program to ensure that the buildings
				  and grounds are reasonably free of environmental hazards and nuisances which
				  may adversely affect the health or well-being of patients, personnel and
				  visitors.
(c) The fixed equipment
				  of the correctional treatment center shall be in proper working order. The
				  correctional treatment center shall have an organized program for the routine
				  inspection, testing and maintenance of the hospital's fixed equipment including
				  the heating, air conditioning and ventilation systems, all fire warning and
				  fire safety systems, and other building support systems which are identified by
				  hospital policy as capable of creating a significant physical or environmental
				  hazard if not properly maintained.
(d) The patient care equipment of the
				  correctional treatment center shall be in proper working order. The
				  correctional treatment center shall have an organized program for the routine
				  inspection, maintenance and calibration of the correctional treatment center's
				  diagnostic, therapeutic and other patient care equipment identified by
				  correctional treatment center policies as posing a significant risk to patients
				  if not properly maintained.
(e) The
				  correctional treatment center's maintenance program for fixed and patient care
				  equipment shall include the following:
(1) A
				  written policy identifying the types of hospital equipment likely to cause risk
				  to patients if not properly maintained.
(2) Written procedures specifying the scope
				  of the inspection, testing and maintenance to be performed on the equipment.
				  The procedures shall be consistent with current standards related to health
				  care equipment established by nationally recognized safety agencies.
(3) Nominal inspection, testing and/or
				  maintenance intervals for the equipment. Testing shall be performed prior to
				  initial use and thereafter at intervals consistent with current standards
				  established by nationally recognized safety agencies, but not exceeding 12
				  months. Inspection and/or testing shall be completed within 60 days of the
				  established interval.
(4) Records
				  documenting the inspection, testing and maintenance performed. Such records
				  shall be maintained for at least three years.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 12 - Correctional Treatment Centers › Article 6 - Physical Plant and Safety › Section 79843 - Housekeeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The correctional treatment center shall be kept in a clean,
					 safe, orderly, and sanitary condition, free from offensive odors.
(a) Each correctional treatment center shall
				  make provision for the routine cleaning of articles and surfaces such as
				  furniture, floors, walls, ceilings, supply and exhaust grills and lighting
				  fixtures with a detergent and/or disinfectant as appropriate.
(b) There shall be written policies and
				  procedures developed and implemented to include but not limited to the
				  following:
(1) Cleaning of occupied patient
				  areas, nurses' stations, work areas, halls, entrances, storage areas, rest
				  rooms, laundry, pharmacy and offices.
(2) Cleaning of specialized care areas such
				  as operating rooms.
(3) Cleaning of
				  isolation areas.
(4) Cleaning of
				  kitchen and associated areas.
(5)
				  Cleaning of walls and ceilings.
(6)
				  Terminal cleaning of patient unit upon discharge of patient.
(7) Utilization of housekeeping cleaning
				  supplies and equipment.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 12 - Correctional Treatment Centers › Article 6 - Physical Plant and Safety › Section 79845 - Electrical Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  electrical system shall be in conformance with the California Building
				  Standards Code.
(b) Emergency power
				  and lighting.
(1) The emergency power
				  system/generator shall be maintained in operating condition to provide
				  automatic restoration of power to the correctional treatment center's essential
				  systems within ten (10) seconds after the loss of primary power.
(2) The readiness of the batteries or other
				  starting mechanism shall be verified at intervals not exceeding seven (7) days.
				  The generator(s) shall be started and run under the connected load for a period
				  of not less than thirty (30) minutes at least once every thirty (30) days. Once
				  a year the emergency power system/generator shall be operated under connected
				  load until the engine has reached the normal operating temperatures specified
				  by the manufacturer, but for a period of not less than five (5)
				  hours.
(3) A written record of all
				  tests and maintenance performed, inspection performance, exercising period and
				  repairs shall be maintained and kept for three (3) years.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 12 - Correctional Treatment Centers › Article 6 - Physical Plant and Safety › Section 79847 - Storage and Disposal of Solid Waste

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Solid waste shall be stored and disposed
				  of in a manner which minimizes the risk of transmitting communicable disease.
				  These wastes shall not be a nuisance or a breeding place for insects or rodents
				  nor be a food source for either.
(b) Solid waste containers shall be stored
				  and located in a manner that will protect against odors.
(c) Syringes and needles shall be disposed of
				  safely as biohazardous and/or radioactive waste in puncture proof containers,
				  in accordance with Health and Safety Code Sections
				  25080
				  through
				  25082,
				  pertaining to medical waste and, if applicable, the California Code of
				  Regulations, Title 17, Chapter 5, Subchapter 4, Group 1, Article 1, Sections
				  30285 and
				  30289, pertaining to radioactive
				  materials.
1. New
					 section filed 6-10-94; operative 1-1-96 pursuant to Health and Safety Code
					 section
					 1250
					 (Register 94, No. 23).
Note: Authority cited: Sections
						208(a)
						and
						1267.10(a),
						Health and Safety Code. Reference: Sections
						1250(j)
						and
						1254,
						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 12 - Correctional Treatment Centers › Article 6 - Physical Plant and Safety › Section 79849 - Solid Waste Containers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All containers, used for storage or transporting of solid wastes, shall be in
				  good repair and be leakproof and rodent proof.
(b) Movable containers shall additionally
				  have the approval of the local health department if applicable.
(c) All containers holding or receiving
				  medical or putrescible wastes shall have tight-fitting covers and shall be
				  emptied at least every four (4) days, or more often if necessary.
(d) Solid waste containers shall be
				  thoroughly washed and cleaned each time they are emptied unless soil contact
				  surfaces have been completely protected from contamination by disposable
				  liners, bags or other devices removed with the waste. Each movable bin shall
				  provide for suitable access and a drainage device to allow complete cleaning at
				  the storage area.
1. New
					 section filed 6-10-94; operative 1-1-96 pursuant to Health and Safety Code
					 section
					 1250
					 (Register 94, No. 23).
Note: Authority cited: Sections
						208(a)
						and
						1267.10(a),
						Health and Safety Code. Reference: Sections
						1250,
						1276,
						25117
						and
						25117.5,
						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 12 - Correctional Treatment Centers › Article 6 - Physical Plant and Safety › Section 79851 - Medical Waste

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Medical waste, as defined in Health and Safety Code Section
					 25023.2,
					 shall be handled and disposed of in accordance with the Medical Waste
					 Management Act, Health and Safety Code Section
					 25015
					 et seq. and the regulations adopted thereunder, California Code of Regulations,
					 Title 22, Division 4, Chapter 21, Articles 1 through 4, commencing with Section
					 65600 and ending with Section
					 65628.
1. New
					 section filed 6-10-94; operative 1-1-96 pursuant to Health and Safety Code
					 section
					 1250
					 (Register 94, No. 23).
Note: Authority cited: Sections
						208(a)
						and
						1267.10(a),
						Health and Safety Code. Reference: Sections
						1250(j),
						1254
						and
						25023.2,
						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 12 - Correctional Treatment Centers › Article 6 - Physical Plant and Safety › Section 79853 - Gases for Medical Use

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Provision shall be made for safe handling and storage of medical gas cylinders,
				  by the type of gas and its associated hazards.
(b) Transfer of gas by facility personnel
				  from one cylinder to another is prohibited except when approved by the
				  Department.
(c) The correctional
				  treatment center shall insure that connections for different medical gas
				  supplies are not interchangeable.
(d) Where a medical gas distribution system
				  is provided, the correctional treatment center shall maintain a complete and
				  current set of written test results which confirm that the proper gases are
				  being provided at all of the system outlets. Testing shall be performed prior
				  to initial use, and for all potentially affected outlets after any modification
				  or breach of the system which could possibly result in a cross connection. The
				  outlets shall be tested for conformance to appropriate gas delivery parameters
				  e.g., flow and pressure and proper operation of the alarms.
(e) The correctional treatment center shall
				  have a written procedure for ensuring an adequate supply of medical gases for
				  normal and emergency operating conditions.
1. New
					 section filed 6-10-94; operative 1-1-96 pursuant to Health and Safety Code
					 section
					 1250
					 (Register 94, No. 23).
Note: Authority cited: Sections
						208(a)
						and
						1267.10(a),
						Health and Safety Code. Reference: Sections
						1250(j)
						and
						1254,
						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 12 - Correctional Treatment Centers › Article 6 - Physical Plant and Safety › Section 79855 - Water Supply and Plumbing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Plumbing and drainage facilities shall be in compliance with the California
				  Building Standards Code.
(b) Water
				  for human consumption from an independent source, such as private wells, shall
				  be subjected to bacteriological analysis by the local health department, State
				  Department of Health Services or a licensed commercial laboratory at least
				  every three (3) months. A copy of the most recent laboratory report shall be
				  available for inspection.
(c)
				  Plumbing fixtures including backflow preventers shall be maintained in
				  operating condition.
(d) For hot
				  water used by or readily accessible to patients, there shall be temperature
				  controls to automatically regulate the temperature between 40.5°C
				  (105°F) and 48.9°C (120°F).
(e) Hot water at a minimum temperature of
				  82.2°C (180°F) shall be maintained at the final rinse section of dish
				  washing facilities unless alternate methods are approved by the
				  Department.
(f) Taps delivering
				  water at 51.6°C (125°F) or higher shall be identified prominently by
				  warning signs with letters 5cm (2 inches) high.
1. New
					 section filed 6-10-94; operative 1-1-96 pursuant to Health and Safety Code
					 section
					 1250
					 (Register 94, No. 23).
Note: Authority cited: Sections
						208(a)
						and
						1267.10(a),
						Health and Safety Code. Reference: Sections
						1250(j)
						and
						1254,
						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 12 - Correctional Treatment Centers › Article 6 - Physical Plant and Safety › Section 79857 - Lighting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Adequate illumination shall be maintained for the comfort
					 and safety of inmate-patients and staff, and shall be in compliance with the
					 California Building Standards Code.
1. New
					 section filed 6-10-94; operative 1-1-96 pursuant to Health and Safety Code
					 section
					 1250
					 (Register 94, No. 23).
Note: Authority cited: Sections
						208(a)
						and
						1267.10(a),
						Health and Safety Code. Reference: Sections
						1250(j)
						and
						1254,
						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 12 - Correctional Treatment Centers › Article 6 - Physical Plant and Safety › Section 79859 - Heating, Ventilating, and Air Conditioning

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Heating, ventilating and air conditioning
				  shall be in compliance with the California Building Standards Code and shall be
				  maintained to assure the systems are in operating condition to provide
				  comfortable environmental conditions.
(b) Air filters.
(1) All filters shall be inspected and tested
				  at least every three (3) months and cleaned or replaced as necessary to
				  maintain adequate ventilation flow rates and filtration integrity.
(2) Written records documenting air filter
				  inspections, testing and servicing reports shall be maintained and kept for
				  three (3) years.
(A) Testing shall include but
				  not be limited to static pressure drop across each filter bank.
(B) Replacement filters shall have efficiency
				  ratings not less than the most recently permitted by the Office of Statewide
				  Health Planning and Development for the subject air handling unit.
(C) Following filter replacement or cleaning,
				  the installation shall be visually inspected for torn media and bypass in
				  filter frames by means of a flashlight or equivalent, both with fans in
				  operation and stopped. Tears in filter media and bypass in filter frames shall
				  be eliminated in accordance with the manufacturer's directions and as required
				  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 13 - Medical Information Breach › Article 1 - Administrative Penalties › Section 79900 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This article
				  applies to the assessment of administrative penalties for a violation of Health
				  and Safety Code section
				  1280.15
				  by a clinic, health facility, home health agency, or hospice licensed pursuant
				  to Health and Safety Code section
				  1204,
				  1250,
				  1725
				  or
				  1745.
(b) This article applies to violations
				  occurring on or after the effective date of this regulation. In assessing any
				  administrative penalties as provided in this article and under Health and
				  Safety Code section
				  1280.15,
				  the Department shall consider the compliance history of a health care facility,
				  including compliance history prior to the effective date of this regulation,
				  the extent to which a health care facility detected violations and took
				  preventative action to correct and prevent past violations from recurring, and
				  whether any factors outside a health care facility's control contributed to a
				  breach.
1. New
					 chapter 13 (article 1, sections
					 79900-79905), article 1 (sections
					 79900-79905 and section filed
					 6-28-2021; operative 7-1-2021 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2021, No. 27). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Sections
						131000,
						131050,
						131051,
						131052
						and
						131200,
						Health and Safety Code. Reference: Section
						1280.15,
						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 13 - Medical Information Breach › Article 1 - Administrative Penalties › Section 79901 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Access" means
				  the ability or the means necessary to read, write, modify, or communicate
				  data/information or otherwise use any system resource.
(b) "Breach" means each individual instance
				  of unlawful or unauthorized access to, use, or disclosure of a specific
				  patient's medical information.
(1) Breach
				  excludes:
(A) Any paper record, electronic
				  mail, or facsimile transmission inadvertently accessed, used, or disclosed
				  within the same health care facility or health care system where the
				  information is not further accessed, used, or disclosed unless permitted or
				  required by law.
(B) Any internal
				  paper record, electronic mail or facsimile transmission outside the same health
				  care facility or health care system sent to a covered entity (as defined under
				  Part 160.103 of Title 45 of the Code of Federal Regulations, as of June 27,
				  2014) that has been inadvertently misdirected within the course of coordinating
				  care or delivering services.
(C) A
				  disclosure of medical information in which a health care facility or business
				  associate has a good faith belief that an unauthorized person to whom the
				  disclosure was made would not reasonably have been able to retain such medical
				  information.
(D) Any access to,
				  use, or disclosure of medical information permitted or required by state or
				  federal law.
(E) Any lost or stolen
				  encrypted electronic data containing a patient's medical information that is in
				  any way created, kept, or maintained by a health care facility where the
				  encrypted electronic data has not been accessed, used, or disclosed in an
				  unlawful or unauthorized manner. Any lost or stolen electronic data containing
				  a patient's medical information that is in any way created, kept, or maintained
				  by a health care facility that is not encrypted shall be presumed a breach
				  unless it is excluded by section
				  79901(b)(1)(F).
(F) A disclosure for which a health care
				  facility or business associate, as applicable, determines that there is a low
				  probability that medical information has been compromised based on a risk
				  assessment of at least the following factors:
(i) The nature and extent of the medical
				  information involved, including the types of identifiers and the likelihood of
				  re-identification;
(ii) The
				  unauthorized person who used the medical information or to whom the disclosure
				  was made;
(iii) Whether the medical
				  information was actually acquired or viewed; and
(iv) The extent to which the risk of access
				  to the medical information has been
				  mitigated.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 13 - Medical Information Breach › Article 1 - Administrative Penalties › Section 79902 - Breach Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  A health care facility, excluding a business associate, shall report to the
				  Department a breach of a patient's medical information, or a breach reasonably
				  believed to have occurred, no later than 15 business days after the breach has
				  been detected. Such breaches shall be reported to the Department by the health
				  care facility by electronic mail, telephone, facsimile transmission,
				  first-class mail, or through an internet website maintained by the Department.
(1) In its reporting of a breach, the health
				  care facility shall provide the Department, in writing and signed by a
				  representative of the health care facility, the following:
(A) Name and address of the health care
				  facility where the breach occurred;
(B) Date and time that each breach
				  occurred;
(C) Date and time that
				  each breach was detected;
(D) Name
				  of patient(s) affected;
(E)
				  Description of the medical information that was breached, including the nature
				  and extent of the medical information involved, including the types of
				  individually identifiable information (as defined in Civil Code section
				  56.05), and the
				  likelihood of re-identification;
(F) Description of the events surrounding the
				  breach;
(G) Name(s) and contact
				  information of the individual(s) who performed the breach, any witness(es) to
				  the breach, and any unauthorized person(s) who used the medical information or
				  to whom the disclosure was made, to the extent known;
(H) Date that patient or patient's
				  representative was notified, was attempted to be notified, or will be notified
				  of breach;
(I) The contact
				  information of a health care facility representative whom the Department may
				  contact for additional information;
(J) Description of any corrective or
				  mitigating action taken by the health care facility;
(K) Any other instances of a reported event
				  that includes a breach of that patient's medical information by the health care
				  facility in the previous six years.
(L) A copy of the notification sent to the
				  patient or patient's representative, pursuant to section
				  79902(b), and any
				  additional information provided to the patient or patient's representative
				  relating to the breach; and
(M) Any
				  audit reports, witness statements, or other documents that the health care
				  facility relied upon in determining that a breach occurred.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 13 - Medical Information Breach › Article 1 - Administrative Penalties › Section 79903 - Administrative Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Department may impose an administrative penalty upon a health care facility
				  if the Department determines that the health care facility has committed a
				  breach of a patient's medical information. The penalty assessed for any
				  violation in accordance with this article, including penalty adjustment
				  factors, shall not exceed the maximum penalty specified in Health and Safety
				  Code section
				  1280.15.
(b) When the Department has determined that
				  an administrative penalty for a breach of a patient's medical information is
				  warranted, the base penalty amount is $15,000 for each violation, subject to
				  the penalty adjustment factors provided in section
				  79904.
(c) For each subsequent occurrence of a
				  breach of a patient's medical information relating to a particular reported
				  event, the Department may assess an administrative penalty in an amount equal
				  to 70% of the initial violation's final penalty amount. The administrative
				  penalty for the subsequent occurrence shall be subject to the penalty
				  adjustment factors pursuant to section
				  79904, if applicable, not to
				  exceed the statutory maximum of $17,500 per subsequent occurrence.
1. New
					 section filed 6-28-2021; operative 7-1-2021 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2021, No. 27). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Sections
						131000,
						131050,
						131051,
						131052
						and
						131200,
						Health and Safety Code. Reference: Section
						1280.15,
						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 13 - Medical Information Breach › Article 1 - Administrative Penalties › Section 79904 - Penalty Adjustment Factors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Using the following factors, the base
				  penalty assessed pursuant to sections
				  79903(b) and (c)
				  shall be increased or decreased by up to $10,000 to calculate the final
				  penalty:
(1) The health care facility's
				  history of compliance with Health and Safety Code section
				  1280.15
				  and other related state and federal law for the past three calendar
				  years.
(2) The extent to which the
				  health care facility detected violations and took preventative action to
				  immediately correct and prevent past violations from recurring.
(3) Factors outside the control of the health
				  care facility as defined by section
				  79901(i). There
				  shall be no penalty if the health care facility developed and maintained
				  disaster and emergency policies and procedures that were appropriately
				  implemented during a disaster or emergency, if factors outside the control of
				  the health care facility as referenced in 79901(i) were the sole cause of a
				  breach.
(4) Any other factors
				  applicable to the specific circumstances surrounding the breach, as identified
				  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 13 - Medical Information Breach › Article 1 - Administrative Penalties › Section 79905 - Small and Rural Hospitals; Primary Care Clinics; and Skilled Nursing Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In assessing an
				  administrative penalty for a breach of a patient's medical information pursuant
				  to Health and Safety Code section
				  1280.15
				  by a health care facility that is a small and rural hospital, as defined by
				  Health and Safety Code section
				  124840,
				  or its business associates, the Department may modify the penalty upon timely
				  request from the small and rural hospital.
(1) The small and rural hospital that has
				  been assessed an administrative penalty may request:
(A) Payment of the administrative penalty
				  extended over a period of time if immediate, full payment would cause financial
				  hardship;
(B) Reduction of the
				  penalty if extending the penalty payment over a period of time would cause
				  financial hardship; or
(C) Both
				  penalty payment extension and reduction of the penalty.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 1 - General Definitions › Section 80000 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The general
				  regulations in this chapter shall apply to all community care facilities
				  regulations by Division 6, Chapters 4 through 6, and Chapter 9, except where
				  specifically exempted. Additional or special requirements found in the
				  corresponding chapters pertaining to each category shall apply only to such
				  individual facility categories.
(b)
				  The licensee shall ensure compliance with all applicable law and
				  regulation.
1. Repealer
					 of chapter 1 (articles 1-7, sections
					 80001-80967, not consecutive) and
					 new chapter 1 (articles 1-7, sections
					 80000-80088, not consecutive)
					 filed 10-7-83; designated effective 1-1-84 (Register 83, No. 42). For prior
					 history, see Registers 81, Nos. 39 and 31; 80, Nos. 39, 24, 23, 11,10, 9, 8 and
					 7; 79, Nos. 44, 15 and 5; 78, Nos. 51, 44 and 26; 77, No. 2; 76, Nos. 41, 21
					 and 4; and 75, No. 31. The reorganization of chapter 1 is printed as a repealer
					 and adoption for clarity.
2. Amendment filed 12-30-83; designated
					 effective 1-1-84 pursuant to Government Code section
					 11346.2(d)
					 (Register 83, No. 53).
3. Change without regulatory effect
					 repealing subsections (f) and (g) filed 1-9-91 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 91, No. 8).
4. Repealer of subsection (f)
					 filed 1-7-91; effective 2-2-91 pursuant to Government Code section
					 11346.2(d)
					 (Register 91, No. 12).
5. Change without regulatory effect
					 repealing subsections (c), (d), and (e) filed 5-28-91; effective 5-28-91,
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 91, No. 28).
6. Editorial correction
					 restoring History 3 and renumbering subsequent History Notes (Register 95, No.
					 25).
7. Amendment of subsection (a) filed 12-13-2006; operative
					 1-12-2007 (Register 2006, No. 50).
8. Change without regulatory
					 effect amending section and Note filed 1-5-2016 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2016, No. 2).
9. Editorial correction
					 restoring inadvertently deleted section (Register 2021, No. 38).
10.
					 Change without regulatory effect amending subsection (a) filed 9-14-2021
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 38). Filing deadline specified in Government
					 Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Sections
						1530
						and
						1530.5,
						Health and Safety Code. Reference: Sections
						1501,
						1502,
						1530
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 1 - General Definitions › Section 80001 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following general definitions shall apply wherever the
					 terms are used throughout Division 6, Chapters 1, 4 through 6, and Chapter 9,
					 except where specifically noted otherwise. Additional definitions found at the
					 beginning of each chapter in this division shall apply only to such specific
					 facility category.
(a)
(1) "Activities of Daily Living" (ADLs) mean
				  the following six activities:
(A) Bathing:
				  Cleaning the body using a tub, shower or sponge bath, including getting a basin
				  of water, managing faucets, getting in and out of tub or shower, reaching head
				  and body parts for soaping, rinsing and drying.
(B) Dressing: Putting on and taking off,
				  fastening and unfastening garments and undergarments and special devices such
				  as back or leg braces, corsets, elastic stockings/garments and artificial limbs
				  or splints.
(C) Toileting: Getting
				  on and off a toilet or commode, emptying a commode, managing clothes, wiping
				  and cleaning the body after toileting, and using and emptying a bedpan and
				  urinal.
(D) Transferring: Moving
				  from one sitting or lying position to another sitting or lying position (e.g.,
				  from bed to or from a wheelchair, or sofa, coming to a standing position and/or
				  repositioning to promote circulation and to prevent skin breakdown).
(E) Continence: Ability to control bowel and
				  bladder as well as to use ostomy and/or catheter receptacles, and to apply
				  diapers and disposable barrier pads.
(F) Eating: Reaching for, picking up,
				  grasping a utensil and cup; getting food on a utensil; bringing food, utensil,
				  and cup to mouth; manipulating food on plate; and cleaning face and hands as
				  necessary following meal.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 2 - License › Section 80005 - License Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Unless a facility is exempt from licensure as specified in Section
				  80007, no adult, firm,
				  partnership, association, corporation, county, city, public agency or other
				  governmental entity shall operate, establish, manage, conduct or maintain a
				  community care facility, or hold out, advertise or represent by any means to do
				  so, without first obtaining a current valid license from the licensing
				  agency.
1. Amendment
					 filed 8-17-88; operative 9-16-88 (Register 88, No.
					 34)
Note: Authority cited: Section
						1530,
						Health and Safety Code. Reference: Sections
						1505,
						1508,
						1509,
						1513
						and
						1531,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 1 - General Licensing Requirements › Article 2 - License › Section 80006 - Operation Without a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An unlicensed facility is providing care
				  and supervision as defined in section
				  80001 u.(2), the facility is in
				  violation of Sections
				  1503.5 and/or 1508 of the Health
				  and Safety Code unless exempted from licensure pursuant to section
				  80007.
(b) If the facility is alleged to be in
				  violation of Sections
				  1503.5 and/or 1508 of the Health
				  and Safety Code, the licensing agency shall conduct a site visit and/or
				  evaluation of the facility pursuant to Health and Safety Code section
				  1538.
(c) If the facility is operating without a
				  license, the licensing agency shall issue a notice of operation in violation of
				  law and shall refer the case for criminal prosecution and/or civil
				  proceedings.
(d) The licensing
				  agency shall have the authority to issue an immediate civil penalty pursuant to
				  section 80058 and section
				  1547
				  of the Health and Safety Code.
(e)
				  Sections 80006(c) and (d)
				  shall be applied pursuant to section
				  1549
				  of the Health and Safety Code.
(f)
				  The licensing agency shall notify the appropriate placement or protective
				  service agency if either of the following conditions exist:
(1) There is an immediate threat to the
				  clients' health and safety.
(2) The
				  facility does not submit an application for licensure within 15 calendar days
				  of being served a notice of operation in violation of law.