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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 3 - Services › Section 76891 - Food and Nutrition Services-Staff

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The facility shall designate one person who has primary
					 responsibility for food planning, preparation and service. If the designated
					 staff member does not meet the requirements of a dietary services supervisor,
					 provision shall be made for a quarterly consultation of no less than four hours
					 from a dietitian.
Note: Authority cited: Sections
						208.4
						and
						1267.7,
						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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 3 - Services › Section 76892 - Food and Nutrition Services-Equipment and Supplies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Equipment of the type and in the amount
				  necessary for preparation, serving and storing of food and dishwashing shall be
				  provided and maintained in good working order.
(1) The service area shall be ventilated in a
				  manner that will maintain comfortable working conditions, remove objectionable
				  odors and fumes and prevent excessive condensation.
(2) Fixed and mobile equipment shall be
				  located so as to assure sanitation and safety and shall be of sufficient size
				  to handle the needs of 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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 3 - Services › Section 76893 - Pharmaceutical Services-General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Arrangements shall be made to assure that
				  pharmaceutical services are available to provide clients with prescribed
				  drugs.
(b) There shall be
				  conformance with state and federal laws regarding dispensing, labeling, storage
				  and administration of drugs.
Note: Authority cited: Sections
						208.4
						and
						1267.7,
						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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 3 - Services › Section 76894 - Pharmaceutical Services - Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pharmaceutical services shall include,
				  but are not limited to the following:
(1)
				  Obtaining necessary drugs including the availability of 24-hour prescription
				  service on a prompt and timely basis as follows:
(A) Drugs ordered for immediate use that are
				  not available in the facility emergency drug supply shall be available and
				  administered within one hour of the time ordered during normal pharmacy hours.
				  For those hours during which the pharmacy is closed, such drugs shall be
				  available and administered within two hours of the time ordered. Drugs ordered
				  for immediate use which are available in the emergency drug supply shall be
				  administered immediately.
(B)
				  Anti-infectives and drugs used to treat severe pain, nausea, agitation,
				  diarrhea or other severe discomfort shall be available and administered within
				  four hours of the time ordered.
(C)
				  Except as indicated above, all new drug orders shall be available on the same
				  day ordered unless the drug would not normally be started until the next
				  day.
(D) Refill prescriptions shall
				  be available when needed.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 3 - Services › Section 76895 - Pharmaceutical Services-Policies and Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) There shall be written policies and
				  procedures for safe and effective distribution, control and use of drugs
				  developed or approved by the registered nurse and pharmacist.
(b) There shall be a written policy governing
				  the self-administration of drugs, whether prescribed or not.
Note: Authority cited: Sections
						208.4
						and
						1267.7,
						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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 3 - Services › Section 76896 - Pharmaceutical Services - Orders for Drugs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No drugs shall be administered except
				  upon the order of a person lawfully authorized to prescribe.
(b) All orders for drugs shall include the
				  drug name, dosage, frequency of administration, the specific duration of
				  therapy, and, the route of administration if other than oral. Orders for drugs
				  to be administered PRN (as needed) shall also include the indication for use of
				  the drug.
(c) Written orders for
				  drugs shall be dated and signed by the prescriber. Signature stamps shall not
				  be used.
(d) Verbal orders for
				  drugs:
(1) Shall be received only by
				  registered nurses, licensed vocational nurses, psychiatric technicians,
				  pharmacists, physician's assistants (from their supervising physicians only)
				  and other direct care staff as permitted by these regulations to administer
				  medications. Verbal orders shall be signed by the prescribing practitioner
				  within five (5) days.
(2) Verbal
				  orders received by non-licensed staff shall be confirmed by the registered
				  nurse with the prescriber within 48 hours of receipt of the order.
(3) Verbal orders shall be recorded
				  immediately in the unit client record by the person receiving the
				  order.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 3 - Services › Section 76897 - Pharmaceutical Services-Stop Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Written policies shall be established limiting the duration
					 or therapy for a new drug in the absence of a prescriber's discontinuance date.
					 Stop orders shall be established for all therapeutic drug categories. The
					 prescriber shall be contacted for new orders prior to the termination time
					 established by the policy.
Note: Authority cited: Sections
						208.4
						and
						1267.7,
						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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 3 - Services › Section 76898 - Pharmaceutical Services-Drug Order Processing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Signed orders for drugs shall be transmitted to the issuing
					 pharmacy within 48 hours, either by written prescription of the prescriber, by
					 an order form which produces a direct copy of the order or by an electronically
					 reproduced facsimile.
Note: Authority cited: Sections
						208.4
						and
						1267.7,
						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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 3 - Services › Section 76899 - Pharmaceutical Services-Drug Order Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Facilities shall maintain a record which includes, for each
					 drug ordered by prescription, the drug name, strength, the name of the client,
					 the date ordered, the quantity received, the date received and the name of the
					 issuing pharmacy. The records shall be kept at least one
					 year.
Note: Authority cited: Sections
						208.4
						and
						1267.7,
						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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 3 - Services › Section 76900 - Pharmaceutical Services-Personal Medications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Medications brought by or with the client
				  on admission to the facility shall not be used, unless the contents of the
				  containers have been examined and positively identified after admission by the
				  client's physician or a pharmacist.
(b) This regulation shall not apply to drugs
				  transferred from other licensed health facilities or those drugs dispensed or
				  obtained after admission from any licensed or governmental pharmacy and shall
				  not preclude the delivery of those drugs by any agent of the client.
Note: Authority cited: Sections
						208.4
						and
						1267.7,
						Health and Safety Code. Reference: Section
						1276, Health and Safety
						ode.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 3 - Services › Section 76902 - Pharmaceutical Services-Controlled Drugs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Separate records of use shall be
				  maintained on all drugs listed in Schedule II of the Federal Comprehensive Drug
				  Abuse Prevention and Control Act of 1970. Such records shall be maintained
				  accurately and shall include the name of the client, the prescription number,
				  the drug name, strength and dose administered, the date and time of
				  administration and the signature of the person administering the drug. Such
				  records shall be reconciled at least daily and shall be retained at least one
				  year.
(b) Drug records shall be
				  maintained for drugs listed in Schedules III and IV of the above Act in such a
				  way that the receipt and disposition of each dose of any such drug may be
				  readily traced. Such records need not be separate from other medication
				  records.
Note: Authority cited: Sections
						208.4
						and
						1267.7,
						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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 3 - Services › Section 76903 - Pharmaceutical Services-Disposal of Drugs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Drugs shall be sent with the client upon
				  discharge if labeled in accordance with law and so ordered by the discharging
				  physician. A notation of the drugs sent with the client shall be in the unit
				  client record.
(b) Drugs remaining
				  in the facility after discharge shall be destroyed in the facility within 30
				  days of the date of discharge.
(c)
				  Drugs shall be destroyed in the facility in the following manner:
(1) Drugs listed in Schedules II, III or IV
				  of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970
				  shall be destroyed in the facility in the presence of a pharmacist and the
				  registered nurse employed by the facility. The name of the client, the name and
				  strength of the drug, the prescription number, the amount destroyed, the date
				  of destruction and the signatures of the witnesses required above shall be
				  recorded in the unit client record or in a separate log. The record of disposal
				  shall be retained for at least three years.
(2) Drugs not listed under Schedules II, III
				  or IV of the Federal Comprehensive Drug Abuse Prevention and Control Act of
				  1970 shall be destroyed in the facility in the presence of a pharmacist or
				  registered nurse who with one other witness shall sign a record which lists the
				  name of the client, the name and strength of the drug, the prescription number
				  if applicable, the amount destroyed and the date of destruction. The notation
				  may be in the unit client record or in a separate log. The record of disposal
				  shall be retained 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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 3 - Services › Section 76905 - Pharmaceutical Services-Staff

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Facilities shall retain a pharmacist who
				  devotes the number of hours necessary during a regularly scheduled visit for
				  the purpose of coordinating, supervising and reviewing the pharmaceutical
				  services within the facility. The pharmacist shall submit a written report on
				  the status of the pharmaceutical service and staff performance to the
				  administrator and registered nurse at least semiannually. The report shall
				  include a log or record of time spent in the facility. There shall be a written
				  agreement between the pharmacist and the facility which includes duties,
				  responsibilities and qualifications of the pharmacist and the responsibilities
				  of the facility.
(b) A pharmacist
				  or registered nurse shall review the drug regimen of each client at least
				  monthly and shall document the review in writing. If the drug regimen review is
				  performed by the registered nurse, a pharmacist shall review the drug regimen
				  at least quarterly. The review of the drug regimen of each client shall include
				  all drugs currently ordered, information concerning the client's condition
				  relating to drug therapy, medication administration records, and, where
				  appropriate, physician's progress notes, nurse's notes and laboratory test
				  results. Irregularities in drug dispensing, drug administration, potential
				  adverse drug reactions, allergies, interactions or contraindications, as well
				  as laboratory test results shall be reported to the prescriber.
Note: Authority cited: Sections
						208.4
						and
						1267.7,
						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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 3 - Services › Section 76906 - Pharmaceutical Services-Equipment and Supplies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Equipment and supplies, as necessary for
				  the provision of pharmaceutical services shall be available within the
				  facility. These shall include but not be limited to:
(1) Refrigerator with an accurate
				  thermometer.
(2) Lockable drug
				  cabinets, drawers, closets or rooms.
(3) Drug service trays or carts.
(4) Drug preparation counter area and
				  convenient water source.
(5)
				  Reference materials for all drugs in use in the facility which include
				  information on generic and brand names, available strengths and dosage forms
				  and pharmacological data including indications and side
				  effects.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76907 - Licensee-General Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall comply with licensing, statutory and regulatory requirements and
				  be responsible for the organization, management, operation and control of the
				  licensed facility. The delegation of any authority by a licensee shall not
				  relieve the licensee of his/her responsibility.
(b) A licensee may act as the administrator
				  if he/she meets the qualifications of an administrator as specified in Section
				  1276.5,
				  Health and Safety Code or shall appoint a qualified administrator, to carry out
				  the policies of the licensee. If the administrator is to be absent for more
				  than 10 consecutive days, the licensee shall appoint another qualified
				  administrator to carry out the day-to-day functions of the facility.
(c) The licensee shall delegate to the
				  designated administrator the authority in writing to organize and carry out the
				  day-to-day functions of the facility.
(d) No licensee, administrator, employee or
				  representative thereof shall act as guardian or conservator of any client's
				  estate.
(e) The Department may
				  require a facility to provide additional professional administrative and
				  supportive personnel whenever the Department determines through a written
				  evaluation that additional staff are needed to provide for the health and
				  safety of clients.
(f) If a
				  language or communication barrier exists between facility staff and a client,
				  arrangements shall be made for an interpreter or for the use of other
				  mechanisms to ensure communication between the client and personnel.
1.
					 Certificate of Compliance including amendment of NOTE filed by the Department
					 of Health Services with the Secretary of State on 11-28-84. Submitted to OAL
					 for printing only pursuant to Government Code Section
					 11343.8
					 (Reg ister 85, No. 25).
Note: Authority cited: Sections
						208.4
						and
						1267.7,
						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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76908 - Consumer Information to be Posted

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following consumer information shall
				  be conspicuously posted in the facility in a prominent location accessible to
				  public view:
(1) A listing of all services
				  and special programs provided in the facility and those provided through
				  written agreement.
(2) A notice
				  that the facility's written admission and discharge policies are available upon
				  request.
(3) The most recent
				  licensing visit report supported by the related follow-up visit reports so
				  posted that each page is readable.
(4) A statement that an action to revoke the
				  facility's license is pending, if such an action has been initiated by the
				  filing of an accusation, pursuant to Section
				  11503 of
				  the Government Code, and the accusation has been served on the
				  licensee.
(5) Client's rights as
				  required by Section
				  4503,
				  Welfare and Institutions Code and Section
				  50520, Title 17, California
				  Administrative 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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76909 - Client Transfer Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The facility shall maintain written transfer agreements with one or more
				  general acute care hospitals to make the services of those facilities
				  accessible to clients as needed and to facilitate the expeditious transfer of
				  clients and essential client information.
(b) Prior to the transfer of a client to a
				  general acute care hospital, the following shall be entered into unit client
				  record by the qualified mental retardation professional or registered nurse:
(1) The date, time, condition of the client
				  and a written statement of the reason for the transfer.
(2) Prior written consent of the client,
				  parent of a minor or authorized representative except in an
				  emergency.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76909.1 - Bed Hold

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a
				  client of an intermediate care facility/developmentally disabled habilitative
				  is transferred to a general acute care hospital as defined in Section
				  1250(a)
				  of the Health and Safety Code, the intermediate care facility/developmentally
				  disabled habilitative shall afford the client a bed hold of seven (7) days,
				  which may be exercised by the client or the client's representative.
(1) Upon transfer to a general acute care
				  hospital, the client or the client's representative shall notify the
				  intermediate care facility/developmentally disabled habilitative within
				  twenty-four (24) hours after being informed of the right to have the bed held,
				  if the client desires the bed-hold.
(2) Except as provided in Section
				  51535.1, Title 22, California
				  Administrative Code, any client who exercises the bed-hold option shall be
				  liable to pay reasonable charges, not to exceed the client's daily rate for
				  care in the facility, for bed-hold days.
(3) If the client's attending physician
				  notifies the intermediate care facility/developmentally disabled habilitative
				  in writing that the client's stay in the general acute care hospital is
				  expected to exceed seven (7) days, the intermediate care
				  facility/developmentally disabled habilitative shall not be required to
				  maintain the bed-hold.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76910 - Use of Outside Resources

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If required services are rendered by a non-employee, such required services
				  must be rendered pursuant to a written contract between the facility and
				  appropriate qualified personnel. Documentation of the qualifications of the
				  professional shall be on file in the facility and subject to Department
				  inspection.
(b) Copies of written
				  contracts for advice, consultation, services, training or transportation, with
				  other facilities, organizations, individuals, or public or private agencies
				  shall be on file in the facility's administrative office and shall be reviewed
				  and revised as needed.
(c) Written
				  contracts with non-employees shall be subject to inspection and review by the
				  Department.
(d) The written
				  contract shall:
(1) Specify the
				  responsibilities, functions, objectives, and other terms agreed to by the
				  facility and the qualified professional; and
(2) Be signed by the administrator and the
				  qualified professional.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76912 - Smoking

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Clients shall not be permitted to smoke in bed except when
					 a facility staff member or responsible adult is present in the
					 room.
Note: Authority cited: Sections
						208.4
						and
						1267.7,
						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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76913 - Administrator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  administrator who does not have Qualified Mental Retardation Professional
				  responsibilities shall not be responsible for more than four intermediate care
				  facilities/developmentally disabled--habilitative with an aggregate total of 60
				  beds and these facilities shall be within 30 minutes surface travel time of
				  each other.
(b) An administrator
				  who has Qualified Mental Retardation Professional responsibilities shall not be
				  an administrator of more than three intermediate care
				  facilities/developmentally disabled--habilitative with an aggregate total of
				  eighteen beds, and these facilities shall be within 30 minutes surface travel
				  time of each other.
(c) The
				  administrator shall be on the premises of the facility the number of hours
				  necessary to permit attention to the management and administration of the
				  facility. The Department may require that the administrator spend additional
				  hours in the facility whenever the Department determines through a written
				  evaluation that such additional hours are needed to provide administrative
				  management.
(d) A copy of the
				  current intermediate care facility/developmentally disabled--habilitative
				  licensing regulations shall be maintained by the administrator and shall be
				  made available to all facility personnel.
(e) The administrator shall inform the
				  Department, within 24 hours either by telephone (confirmed in writing) or by
				  telegraph, of an occurence that causes damage to the facility or threatens the
				  safety or welfare of clients.
(f)
				  The administrator shall review client and employee incident and accident
				  reports and shall take appropriate corrective action within a reasonable period
				  of time, but no more than 30 days from the date of the incident or
				  accident.
(g) The administrator
				  shall screen clients for admission to the facility to ensure that the facility
				  admits only those clients for whom appropriate care can be provided. The
				  administrator shall conduct pre-admission interviews as appropriate with the
				  client's physician, client, client's next of kin and/or sponsor.
Note: Authority cited: Sections
						208.4
						and
						1267.7,
						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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76914 - Advertising

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No facility shall make or disseminate false or misleading
					 statements, or advertise false claims regarding facilities and services
					 provided or use the words "Approved by the California Department of Health
					 Services" or use any words conveying the impression of approval by the
					 Department in any advertising material.
Note: Authority cited: Sections
						208.4
						and
						1267.7,
						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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76915 - Admission of Clients

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall:
(1) Accept and retain only
				  those developmentally disabled clients whose active treatment and health care
				  needs can be met by the facility under the provisions of these
				  regulations.
(2) Admit only clients
				  who have had a comprehensive medical, social and psychological evaluation as
				  required by Title 22, California Code of Regulations, section
				  51343.1(g).
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76916 - Policies and Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each facility shall establish and implement the following policies and
				  procedures:
(1) The overall philosophy,
				  objectives and goals the facility is striving to achieve shall include, but not
				  be limited to:
(A) The facility's role in the
				  State comprehensive program for the developmentally disabled.
(B) The facility's goals for its
				  clients.
(C) The facility's concept
				  of its relationship to the parents or legal representatives of the
				  clients.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76917 - Human Rights Committee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The facility shall have a Human Rights Committee which shall be responsible for
				  assuring that client rights as specified in the Welfare and Institutions Code,
				  Sections
				  4502
				  through
				  4505
				  and Sections
				  50500 through
				  50550, Title 17, California
				  Administrative Code are safeguarded.
(b) Minutes of every committee meeting shall
				  be maintained in the facility and shall indicate the names of members present,
				  date, subject matter discussed and actions taken.
(c) Committee organization and structure
				  shall be as follows:
(1) Composition of the
				  committee shall consist of at least the administrator, a qualified mental
				  retardation professional, a registered nurse, representative of the Regional
				  Center, and with the consent of the client or when otherwise permitted by law,
				  a client representative and/or developmentally disabled person, a parent or a
				  community representative and may include a member from the Local Area Board on
				  Developmental Disabilities.
(2) The
				  committee shall meet at least quarterly.
(3) The function of the human rights
				  committee shall include:
(A) Development of
				  policies and procedures to assure and safeguard the client's rights listed in
				  the Welfare and Institutions Code, Sections
				  4502
				  through
				  4504
				  and Section
				  50500 through
				  50550, Title 17, California
				  Administrative Code.
(B) Monitor
				  staff performance to ensure that policies and procedures are
				  implemented.
(C) Document and
				  participate in developing and implementing relevant in-service training
				  programs.
(D) Review treatment
				  modalities used by the facility where client human rights or dignity is
				  affected.
(E) Review and approve at
				  least annually, all behavior management programs. For those programs utilizing
				  restrictive procedures, as specified in 76869(c)(5)(C), the minutes of the
				  Human Rights Committee shall reflect an examination of all previous treatment
				  modalities used by the facility and shall document that the current program
				  represents the least restrictive treatment
				  alternative.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76918 - Client's Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each client shall have those rights as specified in Sections
				  4502
				  through
				  4505
				  of the Welfare and Institutions Code and Sections
				  50500 through
				  50550 of Title 17 of the
				  California Code of Regulations.
(b)
				  Each client shall have the right to be free from discrimination based on sex,
				  race, color, religion, ancestry, national origin, sexual orientation,
				  disability, medical condition marital status, or registered domestic partner
				  status.
1. Change
					 without regulatory effect amending section and NOTE filed 6-23-2011 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2011, No. 25).
Note: Authority cited: Sections
						1267.7,
						1275
						and
						131200,
						Health and Safety Code. Reference: Section
						51, Civil Code;
						Sections
						297 and
						297.5, Family
						Code; and Sections
						1276,
						131050,
						131051
						and
						131052,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76919 - Employees' Health Examination and Health Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee and all employees working in
				  the facility shall have a health examination within 6 months prior to
				  employment or within 15 days after employment and at least annually thereafter
				  by a person lawfully authorized to perform such examinations. Each such
				  examination shall include a medical history, physical evaluation and laboratory
				  work as indicated. The health examination report, signed by the examiner, shall
				  indicate that the individual is sufficiently free of disease to perform
				  assigned duties and does not have any health condition that would create a
				  hazard for the employee, fellow employees, visitors or clients.
(b) At the time of employment, testing for
				  tuberculosis shall consist of a test for tuberculosis infection that is
				  recommended by the federal Centers for Disease Control and Prevention (CDC) and
				  licensed by the federal Food and Drug Administration (FDA). If a positive
				  result is obtained from the tuberculosis test, the employee shall be referred
				  to a physician to determine if a chest X-ray is necessary. Annual examinations
				  shall be performed only when medically indicated.
(c) The facility shall maintain a health
				  record of the administrator and each employee which includes reports of all
				  employment-related health examinations.
(d) Employees known to have or exhibiting
				  signs or symptoms of a communicable disease shall not be permitted to work
				  until they submit a physician's certification that they are sufficiently free
				  of the communicable disease to return to their assigned duties.
1.
					 Certificate of Compliance including amendment of subsection (b) filed by the
					 Department of Health Services with the Secretary of State on 11-28-84.
					 Submitted to OAL for printing only pursuant to Government Code Section
					 11343.8
					 (Register 85, No. 25).
2. Amendment of subsection (b) and NOTE filed
					 5-30-2013; operative 5-30-2013 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2013, No. 22).
Note: Authority cited: Sections
						1267.7,
						1275,
						121357
						and
						131200,
						Health and Safety Code. Reference: Sections
						1250,
						1276,
						121362,
						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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76920 - Employee Personnel Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All facilities shall maintain
				  confidential employee records on all personnel. The record shall include the
				  employee's full name, Social Security number, professional license or
				  registration number, if any, employment classification, information as to past
				  employment and qualifications, date of beginning employment and date of
				  termination of employment and performance evaluations. Such records shall be
				  available to authorized agents or representatives of the Department upon
				  request.
(b) Records of hours and
				  dates worked by all employees during at least the most recent twelve month
				  period shall be kept on file at the place of employment or at a central
				  location within the State of California. Such records shall be made available
				  to the Department within one working day.
Note: Authority cited: Sections
						208.4
						and
						1267.7,
						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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76921 - Communicable Disease

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person with a clinically active communicable disease that
					 is required to be reported by Title 17, California Administrative Code, Section
					 2500, shall not be admitted as a
					 client.
1.
					 Certificate of Compliance including amendment filed by the Department of Health
					 Services with the Secretary of State on 11-28-84. Submitted to OAL for printing
					 only pursuant to Government Code Section
					 11343.8
					 (Register 85, No. 25).
Note: Authority cited: Sections
						208.4
						and
						1267.7,
						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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76922 - Reporting of Communicable Disease

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All reportable cases of communicable diseases shall be
					 reported to the local health officer in accordance with Section
					 3125
					 of the Health and Safety Code.
Note: Authority cited: Sections
						208.4
						and
						1267.7,
						Health and Safety Code. Reference: Sections
						1276
						and
						3125,
						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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76923 - Unusual Occurrences

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Occurrences such as but not limited to, epidemic outbreaks of any disease,
				  prevalence of communicable disease, whether or not such communicable disease is
				  required to be reported by Title 17, California Administrative Code, Section
				  2500 or infestation by parasites
				  or vectors, poisonings, fires, major accidents, deaths from unnatural causes or
				  other catastrophes which threaten the safety or health of clients, personnel or
				  visitors are deemed to be unusual occurrences and shall be reported by the
				  facility within 24 hours either by telephone, with written confirmation, or by
				  telegraph to the local health officer and the Department.
(b) In the event of any unusual occurrence,
				  the client's parent, guardian, legal representative and regional center shall
				  be notified immediately.
(c) An
				  unusual occurrence report shall be retained on file by the facility. The
				  facility shall furnish such other pertinent information related to such
				  occurrences as the local health officer or the Department may require. Every
				  fire or explosion which occurs in or on the premises shall be reported within
				  24 hours to the local fire authority or in areas not having an organized fire
				  service, to the State Fire Marshal.
Note: Authority cited: Sections
						208.4
						and
						1267.7,
						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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76924 - Admission Contract

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each facility shall have a written contract with each client or client's
				  authorized representative. Such a contract shall be completed prior to or at
				  the time of admission. It shall be dated and signed by the licensee or
				  licensee's authorized representative, the client, if possible, and the client's
				  authorized representative and the placement agency, if a party to the contract.
				  A new contract shall be signed if there is any change in the terms of the
				  original admission contract. A signed copy of the admission contract shall be
				  provided to the client or the client's authorized representative and the
				  placement agency, if any. A signed copy of the admission contract shall be
				  retained in the unit client record.
(b) The contract shall specify:
(1) Services to be provided by the
				  facility.
(2) Rate of charge for
				  service.
(3) When and by whom
				  payment shall be made.
(4)
				  Conditions for modification of the agreement, including provisions for at least
				  30 days' prior written notice of any rate change. For the client whose care is
				  funded at rates prescribed by government funded programs, the agreement may
				  specify that the facility's rate may be changed effective on the operative date
				  of any rate change made in that program.
(5) Conditions under which refunds shall be
				  made, and the time period within which they shall be made.
(6) Conditions under which the agreement may
				  be terminated.
(7) That no client
				  shall be summarily discharged by the licensee unless the client is clearly
				  engaged in behavior which is a threat to property or to the safety of others 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 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76926 - Admission Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  facility shall complete an admission record for each client which shall include
				  the following:
(1) Client's name.
(2) Social security number or other
				  identifying number.
(3) Current
				  address.
(4) Age, date and place of
				  birth.
(5) Sex.
(6) Marital status.
(7) Date of admission.
(8) Date of discharge.
(9) Name, address and telephone number of
				  next of kin, guardian, conservator, or authorized representative or agency
				  responsible for client.
(10) Name,
				  address and telephone number of attending physician and his or her alternate
				  physician.
(11) Medicare and
				  Medi-Cal number, if applicable.
(12) Reason for admission or referral
				  problem.
(13) Type and legal status
				  of admission.
(14) Legal competency
				  status.
(15) Language(s) spoken or
				  understood.
(16) Religious
				  affiliation or preference.
(17)
				  Citizenship.
(18) Parents' marital
				  status.
(19) Father's name and
				  birthplace.
(20) Mother's maiden
				  name and birthplace.
(21) Color of
				  eyes, identifying marks and recent photograph.
(22) Sources of support, including social
				  security, veteran's benefits and insurance.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8.5 - Intermediate Care Facilities/Developmentally Disabled-Habilitative › Article 4 - Administration › Section 76927 - Content of Unit Client Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each unit client record shall contain all
				  information necessary to develop and evaluate the individual service plan; to
				  document the client's progress and response to the plan; and, to protect the
				  legal rights of the client, the staff and the facility.
(b) The unit client record contents shall be
				  completed promptly at the conclusion of each required service or professional
				  visit or as specified elsewhere in these regulations.
(1) Verbal orders shall be signed by the
				  prescriber as specified in Section
				  76896(d)(2).
(2) Discharged unit client records shall be
				  completed within thirty days.