California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 3 - Regional Center Administrative Practices and Procedures › Article 1 - Regional Center Conflict of Interest Standards and Procedures › Section 54505 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this article, the following words and phrases
						have the specified meanings:
(a) "Area
					 Board" means the organization of individuals established and constituted
					 according to Welfare and Institutions Code section
					 4546
					 et seq.
(b) "Business Entity,
					 Entity or Provider" means any individual, business venture, or state or local
					 governmental entity from whom or from which the regional center purchases,
					 obtains, or secures goods or services to conduct its operations. These entities
					 or providers include, but are not limited to, residential facilities,
					 intermediate care facilities, skilled nursing facilities, supported and
					 independent living services, hospitals, medical groups, activity centers,
					 housing providers, entities formed in support of the regional center, infant
					 programs, clinics, laboratories, pharmacies, drug stores, ambulance services,
					 furniture stores, equipment and supply stores, physicians, psychologists,
					 nurses, therapists, teachers, social workers, and contract case managers. For
					 purposes of these conflict-of-interest regulations "business entity, entity or
					 provider" does not include a consumer or family member of a consumer who
					 receives vouchers for consumer services.
(c) "Consumer" means an individual who has
					 been determined by a regional center to meet the eligibility criteria of
					 Welfare and Institutions Code section
					 4512
					 and title 17, California Code of Regulations, sections
					 54000,
					 54001 and
					 54010, or Government Code section
					 95014 and
					 title 17, California Code of Regulations, sections
					 52020 and
					 52022, and for whom the regional
					 center has accepted responsibility.
(d) "Decision or Policy-Making Authority"
					 means the authority an individual possesses whenever the individual:
(1) exercises discretion or judgment, without
					 significant intervening substantive review, in making, advising, or
					 recommending a decision or in making a final decision; or
(2) may compel a decision or may prevent a
					 decision either by reason of an exclusive power to initiate the decision or by
					 reason of a veto which may or may not be overridden; or
(3) makes substantive recommendations which
					 are, and over an extended period of time have been, regularly approved without
					 significant amendment or modification by another person or entity or provider;
					 or
(4) votes on matters, obligates
					 or commits his or her entity to any course of action, or enters into, modifies,
					 amends, or renews any contractual agreement on behalf of his or her entity, or
					 has authority to obligate resources; or
(5) votes to approve, appoint or ratify, or
					 approves, appoints, ratifies, assigns, elects, selects, designates, names,
					 creates, confirms, contracts or hires any director, trustee, member of the
					 board, member of a board committee, officer, agent, employee, contractor, or
					 consultant for his or her entity or any other business entity or provider.
Decision or policy-making authority does not include
						actions of individuals which are solely ministerial, secretarial, or
						clerical.