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California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 7 - Physical Environment › Section 85088 - Fixtures, Furniture, Equipment, and Supplies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to Section
				  80088, as a condition of
				  licensure, the following shall apply.
(b) Toilet, washbasin, bath and shower
				  fixtures shall at a minimum meet the following requirements:
(1) At least one toilet and washbasin shall
				  be maintained for each six persons residing in the facility, including clients,
				  family and personnel.
(2) At least
				  one bathtub or shower shall be maintained for each ten persons residing in the
				  facility, including clients, family and personnel.
(3) Toilets and bathrooms shall be located
				  near client bedrooms.
(4)
				  Individual privacy shall be provided in all toilet, bath and shower
				  areas.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 7 - Physical Environment › Section 85090 - Initial Certification Training Program Vendor and Program Approval Requirements. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 article 9 (sections
					 85090-85092) and section filed
					 12-29-95 as an emergency; operative 1-1-96. Certificate of Compliance as to
					 12-29-95 order filed 6-10-96; operative 6-10-96. Submitted to OAL for printing
					 only pursuant to Government Code section
					 11343.8
					 and filed 4-23-97 (Register 97, No. 17).
2. Amendment of article
					 heading, section heading, section and NOTE filed 1-5-2001; operative 1-5-2001
					 pursuant to Government Code section
					 11343.4(c)
					 (Register 2001, No. 1).
3. Amendment of section heading, section and
					 NOTE filed 12-30-2015; operative 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 1).
4. Amendment moving article 9 heading to
					 precede section
					 85096 and renumbering of former
					 section 85090 to new section
					 85096 filed 2-7-2022 as an
					 emergency; operative 2-7-2022 (Register 2022, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be
					 repealed by operation of law on the following day.
5. Amendment
					 moving article 9 heading to precede section
					 85096 and renumbering of former
					 section 85090 to new section
					 85096 refiled 8-8-2022 as an
					 emergency; operative 8-8-2022 (Register 2022, No. 32). A Certificate of
					 Compliance must be transmitted to OAL by 11-7-2022 or emergency language will
					 be repealed by operation of law on the following day.
6. Amendment
					 moving article 9 heading to precede section
					 85096 and renumbering of former
					 section 85090 to new section
					 85096 refiled 11-7-2022 as an
					 emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of
					 Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be
					 repealed by operation of law on the following day.
7. Certificate of
					 Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed
					 3-20-2023 (Register 2023, No. 12).
Note: Authority cited: Sections
						1530
						and
						1562.3(i),
						Health and Safety Code; and Section
						15376,
						Government Code. Reference: Sections
						1522.08,
						1550,
						1551
						and
						1562.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 7 - Physical Environment › Section 85090.1 - Denial of Request for Approval of an Initial Certification Training Program. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of former section
					 85091 to section
					 85090.1, including amendment of
					 section heading, section and NOTE, filed 1-5-2001; operative 1-5-2001 pursuant
					 to Government Code section
					 11343.4(c)
					 (Register 2001, No. 1).
2. Amendment of subsection (c) filed
					 12-30-2015; operative 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 1).
3. Renumbering of former section
					 85090.1 to new section
					 85096.1 filed 2-7-2022 as an
					 emergency; operative 2-7-2022 (Register 2022, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be
					 repealed by operation of law on the following day.
4. Renumbering
					 of former section
					 85090.1 to new section
					 85096.1 refiled 8-8-2022 as an
					 emergency; operative 8-8-2022 (Register 2022, No. 32). A Certificate of
					 Compliance must be transmitted to OAL by 11-7-2022 or emergency language will
					 be repealed by operation of law on the following day.
5. Renumbering
					 of former section
					 85090.1 to new section
					 85096.1 refiled 11-7-2022 as an
					 emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of
					 Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be
					 repealed by operation of law on the following day.
6. Certificate of
					 Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed
					 3-20-2023 (Register 2023, No. 12).
Note: Authority cited: Sections
						1530
						and
						1562.3(i),
						Health and Safety Code. Reference: Sections
						1520.3,
						1551
						and
						1562.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 7 - Physical Environment › Section 85090.2 - Revocation of an Initial Certification Training Program. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of former section
					 85092 to section
					 85090.2, including amendment of
					 section heading, section and NOTE, filed 1-5-2001; operative 1-5-2001 pursuant
					 to Government Code section
					 11343.4(c)
					 (Register 2001, No. 1).
2. Amendment of subsections (a)(3)-(4), new
					 subsection (a)(5) and amendment of subsection (c) filed 12-30-2015; operative
					 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 1).
3. Renumbering of former section
					 85090.2 to new section
					 85096.2 filed 2-7-2022 as an
					 emergency; operative 2-7-2022 (Register 2022, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be
					 repealed by operation of law on the following day.
4. Renumbering
					 of former section
					 85090.2 to new section
					 85096.2 refiled 8-8-2022 as an
					 emergency; operative 8-8-2022 (Register 2022, No. 32). A Certificate of
					 Compliance must be transmitted to OAL by 11-7-2022 or emergency language will
					 be repealed by operation of law on the following day.
5. Renumbering
					 of former section
					 85090.2 to new section
					 85096.2 refiled 11-7-2022 as an
					 emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of
					 Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be
					 repealed by operation of law on the following day.
6. Certificate of
					 Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed
					 3-20-2023 (Register 2023, No. 12).
Note: Authority cited: Sections
						1530
						and
						1562.3(i),
						Health and Safety Code. Reference: Sections
						1520.3,
						1551
						and
						1562.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 7 - Physical Environment › Section 85091 - Continuing Education Training Program Vendor Requirements. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-29-95 as an emergency; operative 1-1-96. Certificate of
					 Compliance as to 12-29-95 order filed 6-10-96; operative 6-10-96. Submitted to
					 OAL for printing only pursuant to Government Code section
					 11343.8
					 and filed 4-23-97 (Register 97, No. 17).
2. Renumbering of former
					 section 85091 to section
					 85090.1 and new section
					 85091 filed 1-5-2001; operative
					 1-5-2001 pursuant to Government Code section
					 11343.4(c)
					 (Register 2001, No. 1).
3. Amendment of section and NOTE filed
					 12-30-2015; operative 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 1).
4. Renumbering of former section
					 85091 to new section
					 85097 filed 2-7-2022 as an
					 emergency; operative 2-7-2022 (Register 2022, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be
					 repealed by operation of law on the following day.
5. Renumbering of
					 former section
					 85091 to new section
					 85097 refiled 8-8-2022 as an
					 emergency; operative 8-8-2022 (Register 2022, No. 32). A Certificate of
					 Compliance must be transmitted to OAL by 11-7-2022 or emergency language will
					 be repealed by operation of law on the following day.
6. Renumbering
					 of former section
					 85091 to new section
					 85097 refiled 11-7-2022 as an
					 emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of
					 Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be
					 repealed by operation of law on the following day.
7. Certificate
					 of Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed
					 3-20-2023 (Register 2023, No. 12).
Note: Authority cited: Sections
						1530
						and
						1562.3(i),
						Health and Safety Code. Reference: Sections
						1522.08
						and
						1562.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 7 - Physical Environment › Section 85091.1 - Continuing Education Training Program Course Approval Requirements. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 1-5-2001; operative 1-5-2001 pursuant to Government Code section
					 11343.4(c)
					 (Register 2001, No. 1).
2. Amendment of section and NOTE filed
					 12-30-2015; operative 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 1).
3. Renumbering of former section
					 85091.1 to new section
					 85097.1 filed 2-7-2022 as an
					 emergency; operative 2-7-2022 (Register 2022, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be
					 repealed by operation of law on the following day.
4. Renumbering of
					 former section
					 85091.1 to new section
					 85097.1 refiled 8-8-2022 as an
					 emergency; operative 8-8-2022 (Register 2022, No. 32). A Certificate of
					 Compliance must be transmitted to OAL by 11-7-2022 or emergency language will
					 be repealed by operation of law on the following day.
5. Renumbering
					 of former section
					 85091.1 to new section
					 85097.1 refiled 11-7-2022 as an
					 emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of
					 Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be
					 repealed by operation of law on the following day.
6. Certificate of
					 Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed
					 3-20-2023 (Register 2023, No. 12).
Note: Authority cited: Sections
						1530
						and
						1562.3(i),
						Health and Safety Code. Reference: Sections
						1522.08
						and
						1562.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 7 - Physical Environment › Section 85091.2 - Administrative Review of Denial or Revocation of a Continuing Education Course. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 1-5-2001; operative 1-5-2001 pursuant to Government Code section
					 11343.4(c)
					 (Register 2001, No. 1).
2. Amendment of subsection (a)(1),
					 redesignation and amendment of former subsection (a)(3)(A) as new subsection
					 (a)(4) and subsection renumbering filed 12-30-2015; operative 1-1-2016 pursuant
					 to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 1).
3. Renumbering of former section
					 85091.2 to new section
					 85097.2 filed 2-7-2022 as an
					 emergency; operative 2-7-2022 (Register 2022, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be
					 repealed by operation of law on the following day.
4. Renumbering of
					 former section
					 85091.2 to new section
					 85097.2 refiled 8-8-2022 as an
					 emergency; operative 8-8-2022 (Register 2022, No. 32). A Certificate of
					 Compliance must be transmitted to OAL by 11-7-2022 or emergency language will
					 be repealed by operation of law on the following day.
5. Renumbering
					 of former section
					 85091.2 to new section
					 85097.2 refiled 11-7-2022 as an
					 emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of
					 Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be
					 repealed by operation of law on the following day.
6. Certificate
					 of Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed
					 3-20-2023 (Register 2023, No. 12).
Note: Authority cited: Sections
						1530
						and
						1562.3(i),
						Health and Safety Code. Reference: Section
						1562.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 7 - Physical Environment › Section 85091.3 - Denial of a Request for Approval of a Continuing Education Training Program. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 1-5-2001; operative 1-5-2001 pursuant to Government Code section
					 11343.4(c)
					 (Register 2001, No. 1).
2. Amendment of subsections (a) and (b)
					 filed 12-30-2015; operative 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 1).
3. Renumbering of former section
					 85091.3 to new section
					 85097.3 filed 2-7-2022 as an
					 emergency; operative 2-7-2022 (Register 2022, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be
					 repealed by operation of law on the following day.
4. Renumbering
					 of former section
					 85091.3 to new section
					 85097.3 refiled 8-8-2022 as an
					 emergency; operative 8-8-2022 (Register 2022, No. 32). A Certificate of
					 Compliance must be transmitted to OAL by 11-7-2022 or emergency language will
					 be repealed by operation of law on the following day.
5. Renumbering
					 of former section
					 85091.3 to new section
					 85097.3 refiled 11-7-2022 as an
					 emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of
					 Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be
					 repealed by operation of law on the following day.
6. Certificate of
					 Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed
					 3-20-2023 (Register 2023, No. 12).
Note: Authority cited: Sections
						1530
						and
						1562.3(i),
						Health and Safety Code. Reference: Sections
						1551
						and
						1562.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 7 - Physical Environment › Section 85091.4 - Revocation of a Continuing Education Training Program. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 1-5-2001; operative 1-5-2001 pursuant to Government Code section
					 11343.4(c)
					 (Register 2001, No. 1).
2. Amendment of subsections (a)(3)-(4), new
					 subsection (a)(5) and amendment of subsection (c) filed 12-30-2015; operative
					 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 1).
3. Renumbering of former section
					 85091.4 to new section
					 85097.4 filed 2-7-2022 as an
					 emergency; operative 2-7-2022 (Register 2022, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be
					 repealed by operation of law on the following day.
4. Renumbering
					 of former section
					 85091.4 to new section
					 85097.4 refiled 8-8-2022 as an
					 emergency; operative 8-8-2022 (Register 2022, No. 32). A Certificate of
					 Compliance must be transmitted to OAL by 11-7-2022 or emergency language will
					 be repealed by operation of law on the following day.
5. Renumbering
					 of former section
					 85091.4 to new section
					 85097.4 refiled 11-7-2022 as an
					 emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of
					 Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be
					 repealed by operation of law on the following day.
6. Certificate of
					 Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed
					 3-20-2023 (Register 2023, No. 12).
Note: Authority cited: Sections
						1530
						and
						1562.3(i),
						Health and Safety Code. Reference: Sections
						1520.3,
						1562.3
						and
						1551,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 7 - Physical Environment › Section 85092 - Penalties. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-30-2015; operative 1-1-2016 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2016, No. 1). For prior history, see Register 2001, No.
					 1.
2. Renumbering of former section
					 85092 to new section
					 85098 filed 2-7-2022 as an
					 emergency; operative 2-7-2022 (Register 2022, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be
					 repealed by operation of law on the following day.
3. Renumbering
					 of former section
					 85092 to new section
					 85098 refiled 8-8-2022 as an
					 emergency; operative 8-8-2022 (Register 2022, No. 32). A Certificate of
					 Compliance must be transmitted to OAL by 11-7-2022 or emergency language will
					 be repealed by operation of law on the following day.
4. Renumbering
					 of former section
					 85092 to new section
					 85098 refiled 11-7-2022 as an
					 emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of
					 Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be
					 repealed by operation of law on the following day.
5. Certificate of
					 Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed
					 3-20-2023 (Register 2023, No. 12).
Note: Authority cited: Sections
						1522.41(h)
						and
						1530,
						Health and Safety Code. Reference: Sections
						1523.1,
						1548
						and
						1549,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 8 - Incidental Medical Services › Section 85092.7 - Staph or Other Serious, Communicable Infections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee may accept or retain a client
				  who has a staph or other serious communicable infection if all of the following
				  conditions are met:
(1) The licensee is in
				  compliance with Section
				  80092.1.
(2) The licensee has obtained a statement
				  from the client's physician that the infection is not a risk to other
				  clients.
(3) The licensee monitors
				  the client's ongoing ability to care for their own condition and comply with
				  the instructions of the licensed professional managing the client's care.
(A) The licensed professional may delegate
				  certain aspects of the care provided the facility staff responsible for
				  providing the care receive training from a licensed professional as specified
				  in Sections
				  80092.1(k) through
				  (k)(2) prior to providing
				  care.
(4) The licensee
				  ensures that a licensed professional assesses the infection and evaluates the
				  treatment at intervals set by the physician or a licensed professional
				  designated by the physician.
(5)
				  The licensee ensures that prior to providing care, staff are trained in and
				  follow Infection Control Requirements, as specified in Section
				  85095.5, and any other procedures
				  recommended by the licensed professional for protection of the client who has
				  the infection, other clients, and staff.
(6) The licensee ensures that all aspects of
				  care performed in the facility by the licensed professional and facility staff
				  are documented in the client's file.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 8 - Incidental Medical Services › Section 85093 - Appeal Process. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-30-2015; operative 1-1-2016 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2016, No. 1).
2. Renumbering of former section
					 85093 to new section
					 85099 filed 2-7-2022 as an
					 emergency; operative 2-7-2022 (Register 2022, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be
					 repealed by operation of law on the following day.
3. Renumbering of
					 former section
					 85093 to new section
					 85099 refiled 8-8-2022 as an
					 emergency; operative 8-8-2022 (Register 2022, No. 32). A Certificate of
					 Compliance must be transmitted to OAL by 11-7-2022 or emergency language will
					 be repealed by operation of law on the following day.
4. Renumbering
					 of former section
					 85093 to new section
					 85099 refiled 11-7-2022 as an
					 emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of
					 Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be
					 repealed by operation of law on the following day.
5. Certificate
					 of Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed
					 3-20-2023 (Register 2023, No. 12).
Note: Authority cited: Sections
						1522.41(h)
						and
						1530,
						Health and Safety Code. Reference: Section
						1534,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 8 - Incidental Medical Services › Section 85095.5 - Infection Control Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee shall ensure that infection
				  control practices are maintained as follows:
(1) All staff and volunteers shall perform
				  hand hygiene.
(A) Hand hygiene shall include
				  hand washing with soap and water or using an alcohol-based sanitizer or any
				  other sanitizing method recommended by a medical professional, local health
				  official, health department, or other research-based medical
				  authority.
(B) Hand hygiene shall
				  be conducted as follows:
1. Immediately
				  before and after client care.
2.
				  Before and after handling, preparing or eating foods.
3. Before and after assisting with
				  medications.
4. After contact with
				  blood, body fluids or other potentially infectious material, or contaminated
				  surfaces.
5. Immediately before
				  putting gloves on and immediately after removing gloves.
6. When hands are visibly soiled.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 9 - Administrator Certification Training Programs › Section 85096 - Initial Certification Training Program Vendor and Program Approval Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Initial Certification Training Programs
				  shall be approved by the Department prior to being offered to applicants
				  seeking administrator certification.
(b) Any vendor applicant seeking approval of
				  an Initial Certification Training Program shall submit a written request to the
				  Department's Administrator Certification Section using Request for Course
				  Approval form LIC 9140 and Vendor Application/Renewal form LIC 9141. The
				  request shall be signed by an authorized representative of the vendor applicant
				  certifying that the information submitted is true and correct, and contain the
				  following:
(1) Name, type of entity, physical
				  address, e-mail address and phone number of the vendor applicant requesting
				  approval and the name of the person in charge of the program.
(2) Subject title, classroom hours, proposed
				  dates, duration, time, location and proposed instructor of each
				  component.
(3) Written description
				  and educational objectives for each subject matter component, hourly topical
				  outline, teaching method, and description of course and participant evaluation
				  methods.
(A) The use of videos, videotapes,
				  video clips, or other visual recordings are permitted as media teaching aids in
				  an Initial Certification Training Program but shall not, in themselves,
				  constitute the Program or any subject matter component
				  thereof.
(4)
				  Qualifications of each proposed instructor as specified in Section
				  85090(i)(7)
				  below.
(5) Locality(ies) in which
				  the Training Program will be offered.
(6) A list and the location(s) of records to
				  be maintained pursuant to Section
				  85090(i)(4)
				  below.
(7) A statement of whether
				  or not the vendor applicant and each proposed instructor held or currently
				  holds a license, certification or other approval as a professional in a
				  specified field and the certificate or license number(s).
(8) A statement of whether or not the vendor
				  applicant and each proposed instructor held or currently holds a State-issued
				  care facility license or was or is employed by a State-licensed care facility
				  and the license number.
(9) A
				  statement of whether or not the vendor applicant and each proposed instructor
				  was the subject of any legal, administrative, or other action involving
				  licensure, certification or other approvals as specified in Sections
				  85090(b)(7) and
				  (8) above.
(10) A non-refundable processing fee of one
				  hundred-fifty dollars ($150).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 9 - Administrator Certification Training Programs › Section 85096.1 - Denial of Request for Approval of an Initial Certification Training Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may deny a request for approval of an Initial Certification Training
				  Program in accordance with Section
				  1562.3(h)(1)
				  of the Health and Safety Code. The Department shall provide the applicant with
				  a written notice of the denial.
(b)
				  The applicant may appeal the denial of the application in accordance with
				  Section
				  1551
				  of the Health and Safety Code.
(c)
				  Any request for approval submitted by a vendor applicant whose application has
				  been previously denied shall be processed by the Department in accordance with
				  the provisions of Health and Safety Code section
				  1520.3(b).
1.
					 Renumbering of former section
					 85090.1 to new section
					 85096.1 filed 2-7-2022 as an
					 emergency; operative 2-7-2022 (Register 2022, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be
					 repealed by operation of law on the following day.
2. Renumbering
					 of former section
					 85090.1 to new section
					 85096.1 refiled 8-8-2022 as an
					 emergency; operative 8-8-2022 (Register 2022, No. 32). A Certificate of
					 Compliance must be transmitted to OAL by 11-7-2022 or emergency language will
					 be repealed by operation of law on the following day.
3. Renumbering
					 of former section
					 85090.1 to new section
					 85096.1 refiled 11-7-2022 as an
					 emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of
					 Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be
					 repealed by operation of law on the following day.
4. Certificate of
					 Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed
					 3-20-2023 (Register 2023, No. 12).
Note: Authority cited: Sections
						1530
						and
						1562.3(i),
						Health and Safety Code. Reference: Sections
						1520.3,
						1551
						and
						1562.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 9 - Administrator Certification Training Programs › Section 85096.2 - Revocation of an Initial Certification Training Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department may revoke an Initial
				  Certification Training Program approval and remove the vendor from the list of
				  approved vendors if the vendor does not provide training consistent with
				  Section 85096, or
(1) Is unable to provide training due to lack
				  of staff, funds or resources, or
(2) Misrepresents or makes false claims
				  regarding the training provided, or
(3) Demonstrates conduct in the
				  administration or instruction of the program that is illegal, inappropriate, or
				  inconsistent with the intent or requirements of the program, or
(4) Misrepresents or knowingly makes false
				  statements in the vendor application or during program instruction,
				  or
(5) Fails to correct
				  deficiencies and/or to pay civil penalties due.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 9 - Administrator Certification Training Programs › Section 85097 - Continuing Education Training Program Vendor Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any vendor applicant seeking approval as
				  a vendor of a Continuing Education Training Program shall obtain vendor
				  approval by the Department prior to offering any course to certificate
				  holders.
(b) Any vendor applicant
				  seeking approval to become a vendor of a Continuing Education Training Program
				  shall submit a written request to the Department's Administrator Certification
				  Section using the Vendor Application/Renewal form LIC 9141. The request shall
				  be signed by an authorized representative of the vendor applicant certifying
				  that the information submitted is true and correct, and contain the following:
(1) Name, type of entity, physical address,
				  e-mail address, and phone number of the vendor applicant requesting approval
				  and the name of the person in charge of the Program.
(2) A statement of whether or not the vendor
				  applicant held or currently holds a license, certification or other approval as
				  a professional in a specified field and the license or certificate
				  number.
(3) A statement of whether
				  or not the vendor applicant held or currently holds a State-issued care
				  facility license or was or is employed by a State-licensed care facility and
				  the license number.
(4) A statement
				  of whether or not the vendor applicant was the subject of any legal,
				  administrative, or other action involving licensure, certification or other
				  approvals as specified in Section
				  85097(b)(2) and
				  (3) above.
(5) A non-refundable processing fee of one
				  hundred dollars ($100).
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 9 - Administrator Certification Training Programs › Section 85097.1 - Continuing Education Training Program Course Approval Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any Continuing
				  Education Training Program course shall be approved by the Department prior to
				  being offered to certificate holders.
(1) At
				  the sole discretion of the Department, continuing education credit may be
				  granted for training provided by the Department's licensing
				  staff.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 9 - Administrator Certification Training Programs › Section 85097.2 - Administrative Review of Denial or Revocation of a Continuing Education Course

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A vendor may
				  seek administrative review of the denial or revocation of course approval as
				  follows:
(1) The vendor must request an
				  administrative review in writing to the Department's Administrator
				  Certification Section Manager within ten (10) days of receipt of the
				  Department's notice denying or revoking course approval.
(2) The administrative review shall be
				  conducted by a higher-level staff person than the person who denied or revoked
				  course approval.
(3) If the
				  reviewer determines that the denial or revocation of course approval was not
				  issued in accordance with applicable statutes and regulations of the
				  Department, or that other circumstances existed, that would have led to a
				  different decision, he/she shall have the authority to affirm, amend or reverse
				  the denial or revocation of course approval.
(4) The reviewer shall send a written
				  response to the vendor within thirty (30) days of the Section's receiving the
				  request per Section
				  85097.2(a)(1).
(5) The decision of the higher-level staff
				  person shall be final.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 9 - Administrator Certification Training Programs › Section 85097.3 - Denial of a Request for Approval of a Continuing Education Training Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
				  may deny a request for approval of a Continuing Education Training Program in
				  accordance with Health and Safety Code section
				  1562.3(h)(1).
				  The Department shall provide the applicant with a written notice of the
				  denial.
(b) The vendor applicant
				  may appeal the denial in accordance with Health and Safety Code section
				  1551.
(c) Any request for approval submitted by a
				  vendor applicant whose application has been previously denied shall be
				  processed by the Department in accordance with the provisions of Health and
				  Safety Code section
				  1520.3(b).
1.
					 Renumbering of former section
					 85091.3 to new section
					 85097.3 filed 2-7-2022 as an
					 emergency; operative 2-7-2022 (Register 2022, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be
					 repealed by operation of law on the following day.
2. Renumbering
					 of former section
					 85091.3 to new section
					 85097.3 refiled 8-8-2022 as an
					 emergency; operative 8-8-2022 (Register 2022, No. 32). A Certificate of
					 Compliance must be transmitted to OAL by 11-7-2022 or emergency language will
					 be repealed by operation of law on the following day.
3. Renumbering
					 of former section
					 85091.3 to new section
					 85097.3 refiled 11-7-2022 as an
					 emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of
					 Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be
					 repealed by operation of law on the following day.
4. Certificate of
					 Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed
					 3-20-2023 (Register 2023, No. 12).
Note: Authority cited: Sections
						1530
						and
						1562.3(i),
						Health and Safety Code. Reference: Sections
						1551
						and
						1562.3,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 9 - Administrator Certification Training Programs › Section 85097.4 - Revocation of a Continuing Education Training Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department may revoke a Continuing
				  Education Training Program approval and remove the vendor from the list of
				  approved vendors if the vendor does not provide training consistent with
				  Sections 85097 and
				  85097.1, or:
(1) Is unable to provide training due to lack
				  of staff, funds or resources; or
(2) Misrepresents or makes false claims
				  regarding the training provided; or
(3) Demonstrates conduct in the
				  administration or instruction of the program that is illegal, inappropriate, or
				  inconsistent with the intent or requirements of the program; or
(4) Misrepresents or knowingly makes false
				  statements in the vendor application or during program instruction,
				  or
(5) Fails to correct
				  deficiencies and/or to pay civil penalties due.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 9 - Administrator Certification Training Programs › Section 85098 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A penalty of
				  $50 per day, per cited violation, shall be assessed for all deficiencies that
				  are not corrected as specified in the notice of deficiency.
(b) Unless otherwise ordered by the
				  Department, all penalties are due and payable upon receipt of notice of
				  payment, and shall be paid only by money order or cashier's check made payable
				  to the Department.
(c) The
				  Department shall have authority to file a claim in a court of competent
				  jurisdiction or to take other appropriate action for failure to pay penalties
				  as specified in (b) above.
1.
					 Renumbering of former section
					 85092 to new section
					 85098 filed 2-7-2022 as an
					 emergency; operative 2-7-2022 (Register 2022, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be
					 repealed by operation of law on the following day.
2. Renumbering
					 of former section
					 85092 to new section
					 85098 refiled 8-8-2022 as an
					 emergency; operative 8-8-2022 (Register 2022, No. 32). A Certificate of
					 Compliance must be transmitted to OAL by 11-7-2022 or emergency language will
					 be repealed by operation of law on the following day.
3. Renumbering
					 of former section
					 85092 to new section
					 85098 refiled 11-7-2022 as an
					 emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of
					 Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be
					 repealed by operation of law on the following day.
4. Certificate of
					 Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed
					 3-20-2023 (Register 2023, No. 12).
Note: Authority cited: Sections
						1522.41(h)
						and
						1530,
						Health and Safety Code. Reference: Sections
						1523.1,
						1548
						and
						1549,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Article 9 - Administrator Certification Training Programs › Section 85099 - Appeal Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  vendor may request in writing to the Department's Administrator Certification
				  Section Manager a review of a notice of deficiency or notice of penalty within
				  ten (10) working days of receipt of the notice. This review shall be conducted
				  by a higher level staff person other than the evaluator who issued the
				  notice.
(b) If the reviewer
				  determines that a notice of deficiency or notice of penalty was not issued in
				  accordance with applicable statutes and regulations, the reviewer shall amend
				  or dismiss the notice. In addition, the reviewer may extend the date specified
				  for correction of a deficiency if warranted by the facts or circumstances to
				  support a request for extension.
(c) The reviewer will send a written response
				  to the vendor within thirty (30) days of the Section's receiving a request as
				  described in (a) above.
1.
					 Renumbering of former section
					 85093 to new section
					 85099 filed 2-7-2022 as an
					 emergency; operative 2-7-2022 (Register 2022, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be
					 repealed by operation of law on the following day.
2. Renumbering
					 of former section
					 85093 to new section
					 85099 refiled 8-8-2022 as an
					 emergency; operative 8-8-2022 (Register 2022, No. 32). A Certificate of
					 Compliance must be transmitted to OAL by 11-7-2022 or emergency language will
					 be repealed by operation of law on the following day.
3. Renumbering
					 of former section
					 85093 to new section
					 85099 refiled 11-7-2022 as an
					 emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of
					 Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be
					 repealed by operation of law on the following day.
4. Certificate of
					 Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed
					 3-20-2023 (Register 2023, No. 12).
Note: Authority cited: Sections
						1522.41(h)
						and
						1530,
						Health and Safety Code. Reference: Section
						1534,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 1 - General Requirements › Section 85100 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 In addition to Chapters 1 and 6, the licensee of an Adult Residential Facility
					 is governed by the provisions of this subchapter when a licensee utilizes or
					 reasonably foresees that he or she will utilize a manual restraint or
					 seclusion.
(b) When a client's
					 behavior presents an imminent danger of serious injury to self or others, the
					 licensee shall use a continuum of interventions starting with the least
					 restrictive intervention. More restrictive interventions may be used only when
					 less restrictive interventions are determined to be ineffective.
(c) Adult Residential Facility staff may use
					 manual restraint or seclusion with a client only if:
(1) The force used does not exceed that which
					 is necessary to avert the injury or danger being threatened;
(2) The risk of injury caused by the force
					 applied does not exceed the risk of injury being averted;
(3) The manual restraint or seclusion is used
					 when a client's behavior presents an imminent danger of serious injury to self
					 or others;
(4) The duration of a
					 manual restraint or seclusion ceases as soon as the risk of imminent danger of
					 serious injury to self or others from the client's behavior has ceased;
					 and
(5) The manual restraint or
					 seclusion is not otherwise prohibited by statute or
					 regulation.
California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 6 - Adult Residential Facilities › Subchapter 1 - Emergency Intervention › Article 1 - General Requirements › Section 85101 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definitions in Sections
						80001 and
						85001, the following shall
						apply:
(a) (Reserved)
(b)
(1)
					 "Behavior Management Consultant" means a person who designs and/or implements
					 behavior modification intervention services and meets one of the following
					 requirements:
(A) A Licensed Clinical Social
					 Worker, pursuant to Business and Professions Code Sections
					 4996-
					 4998.5.
(B) A Licensed Marriage and Family Therapist,
					 pursuant to Business and Professions Code Sections
					 4980-
					 4984.7.
(C) A psychologist, licensed by the Medical
					 Board of California or Psychology Examining Board.
(D) A licensed registered nurse, pursuant to
					 Business and Professions Code Section
					 2700
					 and subsequent Sections, possessing a master's degree in psychiatric-mental
					 health nursing and listed as a psychiatric-mental health nurse by the Board of
					 Registered Nursing.
(E) An advanced
					 practice registered nurse, certified as a clinical nurse specialist, pursuant
					 to Business and Professions Code Section
					 2838
					 and subsequent Sections, and participating in expert clinical practice in the
					 specialty of psychiatric-mental health nursing.
(F) A Nurse Practitioner, as defined in the
					 Business and Professions Code Section
					 2834.
(G) A professional with training and
					 expertise in human behavior with California licensure, which permits the design
					 of behavior modification intervention services.