California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 3 - Community Services › Subchapter 4.2 - Intermediate Care Facility (Icf); Intermediate Care Facility/Developmentally Disabled (Icf/DD); Intermediate Care Facility/Developmentally Disabled-Habilitative (Icf/DD-H); Intermediate Care Facility/Developmentally Disabled-Nursing (Icf/DD-N); Skilled Nursing Facility (SNF) Monitoring Requirements › Article 3 - Delayed Egress Devices and Secured Perimeters › Section 56623 - Approvals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
					 of Developmental Services shall review the proposed delayed egress and secured
					 perimeter component of the applicant's or licensee's facility plan of operation
					 described in paragraph (2) of subdivision (b) of Section
					 56621, as well as available
					 information, that the Department determines is relevant and requests on the
					 licensee's or applicant's history, if any, of providing services and supports
					 to consumers who lack hazard awareness or impulse control, and provide a
					 written determination of its approval or denial.
(b) If the Department's review and approval
					 process exceeds 30 days of the applicant's or licensee's submission, or exceeds
					 30 days of the submission of any additional information requested by the
					 Department, the Department shall notify the applicant or licensee of the
					 reasons for the delay and the expected date of completion of the review and
					 approval process.
(c) Upon
					 receiving written approval from the Department of Developmental Services of the
					 proposed delayed egress devices and secured perimeter component of the facility
					 plan of operation, the licensee or applicant shall submit the written approval
					 and the approved component of the plan of operation to the Licensing and
					 Certification Division of the Department of Public Health (DPH LCD) for
					 approval or denial.
(d) The request
					 for fire clearance for the use of the delayed egress devices and secured
					 perimeter shall be made through DPH LCD. The DPH LCD approval shall be
					 contingent on a fire clearance being obtained for the specific use of the
					 delayed egress devices and secured perimeters.
(e) The DPH LCD shall review the licensee's
					 or applicant's licensing history, if any, as a residential service provider
					 licensed by the DPH LCD and shall be authorized to require additional
					 documentation if needed to verify the licensee's or applicant's ability to
					 protect the health and safety of consumers.
(f) The DPH LCD shall provide a written
					 determination of its approval or denial of the proposed secured perimeter
					 component of the plan of operation.
(g) Upon approval of the delayed egress
					 devices and secured perimeter component of the applicant's or licensee's plan
					 of operation by the DPH LCD, the applicant or licensee shall submit both
					 approvals to the local regional center along with the anticipated start date
					 for utilization of delayed egress devices and secured perimeter.
(h) The DPH LCD approval is immediately
					 terminated by operation of law upon any suspension or revocation of the fire
					 clearance approval specific to the use of the secured perimeter, or upon the
					 Department of Developmental Services' withdrawal of its approval of the secured
					 perimeter component of the licensee's or applicant's plan of
					 operation.
1. New
						section filed 6-13-2013 as an emergency; operative 6-13-2013 (Register 2013,
						No. 24). A Certificate of Compliance must be transmitted to OAL by 12-10-2013
						or emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 11-21-2013 as an emergency; operative
						12-11-2013 (Register 2013, No. 47). A Certificate of Compliance must be
						transmitted to OAL by 3-11-2014 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 11-21-2013 order transmitted to OAL 1-28-2014 and filed 3-12-2014
						(Register 2014, No. 11).
Note: Authority cited: Section
						  1267.75,
						  Health and Safety Code. Reference: Section
						  1267.75,
						  Health and Safety Code.