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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76107 - Nurse Assistant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Nurse assistant" means any unlicensed aide, assistant or orderly who performs
				  nursing services directed at the safety, comfort, personal hygiene or
				  protection of clients in an intermediate care facility.
(b) Certified Nurse Assistant. "Certified
				  nurse assistant" means a nurse assistant certified as such by the
				  Department.
Note: Authority cited: Section
						208(a),
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76109 - Occupational Therapist

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Occupational therapist means a person who is licensed as an
					 occupational therapist by the California Board of Occupational
					 Therapy.
1. Change
					 without regulatory effect amending section and NOTE filed 3-12-2013 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: 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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76111 - Occupational Therapy Assistant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Occupational therapy assistant means a person who is
					 licensed as an occupational therapy assistant by the California Board of
					 Occupational Therapy.
1. Change
					 without regulatory effect amending section and NOTE filed 3-12-2013 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: 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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76115 - Pharmacist

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Pharmacist" means a person licensed as such by the
					 California Board of Pharmacy.
Note: Authority cited: Section
						208(a),
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76117 - Physical Therapist

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Physical therapist means a person licensed as a physical therapist by the
				  Physical Therapy Board of California.
(b) Physical Therapist Assistant. Physical
				  therapist assistant means a person who is approved as a physical therapist
				  assistant by the Physical Therapy Board of California.
(c) Physical Therapist Aide. Physical
				  therapist aide means a person who under direct supervision of the physical
				  therapist assists with physical therapy care.
1. Change
					 without regulatory effect amending section and NOTE filed 3-12-2013 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: 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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76119 - Physician

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Physician means
				  a person licensed as a physician and surgeon by the Medical Board of California
				  or by the Osteopathic Medical Board of California.
(b) Attending Physician. Attending physician
				  means the physician chosen by the client or by the client's authorized
				  representative to be responsible for the medical treatment of the client in the
				  facility.
(c) Psychiatrist.
				  Psychiatrist means a person who is licensed as a physician and surgeon by the
				  Medical Board of California or the Osteopathic Medical Board of California and
				  who is either (1) certified or eligible for certification by the American Board
				  of Psychiatry and Neurology, or (2) who is certified or eligible for
				  certification as such by the American Osteopathic Board of Neurology and
				  Psychiatry, or (3) has specialized training and experience in
				  psychiatry.
1. Change
					 without regulatory effect amending section and NOTE filed 3-12-2013 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: 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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76121 - Physician's Assistant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Physician's assistant means a person who is licensed as a
					 physician's assistant by the Physician's Assistant Committee of the Medical
					 Board of California.
1. Change
					 without regulatory effect amending section and NOTE filed 3-12-2013 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: 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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76123 - Podiatrist

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Podiatrist means a person licensed as a podiatrist by the
					 Board of Podiatric Medicine.
1. Change
					 without regulatory effect amending section and NOTE filed 3-12-2013 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: 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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76125 - Postural Supports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Postural supports" means devices other than orthopedic
					 braces used to assist clients to achieve proper body position and balance.
					 Postural supports may only include soft ties, seat belts, spring release trays
					 or cloth sheeting and shall only be used to improve a client's mobility and
					 independent functioning, rather than restrict movement. These devices shall not
					 be considered restraints.
Note: Authority cited: Section
						208(a),
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76127 - Professional Person in Charge of the Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Professional person in charge of the facility" means a
					 psychiatrist, psychologist, social worker or registered nurse who is designated
					 by the licensee as the professional person clinically in charge of the
					 facility.
Note: Authority cited: Section
						208(a) 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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76129 - Program Director. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of section and amendment of NOTE filed 8-31-95 as an emergency; operative
					 8-31-95 (Register 95, No. 35). A Certificate of Compliance must be transmitted
					 to OAL by 12-29-95 or emergency language will be repealed by operation of law
					 on the following day.
2. Certificate of Compliance as 8-31-95 order
					 transmitted to OAL 12-28-95 and filed 2-6-96 (Register 96, No.
					 6).
Note: Authority cited: Sections
						208(a)
						and
						1275,
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76130 - Psychiatric Technician

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Psychiatric technician means a person licensed as a
					 psychiatric technician by the Board of Vocational Nursing and Psychiatric
					 Technicians.
1. Change
					 without regulatory effect amending section and NOTE filed 3-12-2013 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: 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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76131 - Psychologist

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Psychologist means a person licensed as a psychologist by
					 the Board of Psychology and who has at least one year of experience in
					 developmental disability or a person with a doctorate in psychology from an
					 accredited university.
1. Change
					 without regulatory effect amending section and NOTE filed 3-12-2013 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: 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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76133 - Psychotropic Drug

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Psychotropic drug" means a medication used to modify
					 thinking processes.
Note: Authority cited: Section
						208(a),
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76135 - Qualified Mental Retardation Professional

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Qualified mental retardation professional" means a person
					 who is a physician, psychologist, social worker, special education teacher,
					 physical or occupational therapist, speech pathologist or audiologist,
					 registered nurse, rehabilitation counselor, or recreation therapist and who has
					 at least one year's experience or training in the care of the developmentally
					 disabled.
Note: Authority cited: Section
						208(a),
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76137 - Recreation Therapist

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Recreation therapist" means a person with specialization
					 in therapeutic recreation who is registered or eligible for registration as
					 such by the California Board of Park and Recreation Personnel or the National
					 Therapeutic Recreation Society.
Note: Authority cited: Section
						208(a),
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76138 - Registered Domestic Partner

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Registered domestic partner shall have the same meaning as
					 defined in Family Code Sections
					 297 and
					 297.5.
1. Change
					 without regulatory effect adopting section filed 6-23-2011 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2011, No. 25).
Note: Authority cited: Sections
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76139 - Registered Nurse

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Registered nurse" means a person licensed as such by the California Board of
				  Registered Nursing.
(b) Registered
				  Nurse in the Expanded Role. "Registered nurse in the expanded role" means a
				  registered nurse who provides specific medical services in accordance with
				  applicable provisions of the Business and Professions Code and the California
				  Administrative Code and in accordance with standardized procedures, which have
				  been developed in the manner prescribed by Section
				  2725
				  of the Business and Professions Code and which follow the guidelines set forth
				  in Section
				  1474, Article 7, Chapter 14, Title
				  16 of the California Administrative Code.
Note: Authority cited: Section
						208(a),
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76141 - Registered Health Information Administrator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Registered health information administrator means a person
					 who is registered as a health information administrator by the American Health
					 Information Management Association.
1. Change
					 without regulatory effect amending section heading, section and NOTE filed
					 3-12-2013 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: 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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76145 - Rehabilitation Counselor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Rehabilitation counselor" means a person who is certified
					 or eligible for certification by the Committee on Rehabilitation Counselor
					 Certification and who has specialized training or one year of experience in
					 treating the developmentally disabled.
Note: Authority cited: Section
						208(a),
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76147 - Restraint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Restraint" means control of the client's behavior or
					 activities through the use of physical or pharmaceutical means other than
					 postural support.
Note: Authority cited: Section
						208(a),
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76149 - Social Worker

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Social worker means a person who:
(1) Is
				  licensed as a clinical social worker by the Board of Behavioral Sciences;
				  or
(2) Has a Master of Social Work
				  degree from a school of social work accredited by the Council on Social Work
				  Education and has one year of social work experience in a health care
				  setting.
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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76151 - Speech Pathologist

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Speech pathologist means person licensed as a speech
					 pathologist by the Speech-Language Pathology and Audiology and Hearing Aid
					 Dispensers Board.
1. Change
					 without regulatory effect amending section and NOTE filed 3-12-2013 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Sections
						1275
						and
						131200,
						Health and Safety Code. Reference: 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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76153 - Standing Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Standing orders" means those orders which are employed or
					 intended to be employed in the absence of specific orders for a specific client
					 by a person authorized by law to prescribe medications and
					 treatment.
Note: Authority cited: Section
						208(a),
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76155 - Sterilization of Equipment and Supplies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Sterilization of equipment and supplies" means the process
					 employed to destroy all living organisms.
Note: Authority cited: Section
						208(a),
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76159 - Supervision of Employee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Supervision of employee" means to instruct an employee or subordinate in his
				  or her duties and to oversee or direct his or her work, but does not
				  necessarily require the immediate presence of the supervisor.
(b) Direct Supervision. "Direct supervision"
				  means that the supervisor shall be present in the same facility as the person
				  being supervised, and available for consultation and assistance.
(c) Immediate Supervision. "Immediate
				  supervision" means that the supervisor shall be physically present while a task
				  is being performed.
Note: Authority cited: Section
						208(a),
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76160 - Therapeutic Diet

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Therapeutic diet" means any diet altered from a regular
					 diet in a manner essential to the treatment or control of a particular disease
					 or illness.
Note: Authority cited: Section
						208(a),
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76161 - Training Program for Nurse Assistants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Training program for nurse assistants"
				  means a program for the training of nurse assistants, which meets the criteria
				  for orientation, precertification and in-service education, as approved by the
				  Department.
(b) Precertification
				  Training Program. "Precertification training program" means a training program
				  leading to the certification of nurse assistants which has been approved by the
				  Department.
Note: Authority cited: Section
						208(a),
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 1 - Definitions › Section 76165 - Unit Dose Medication System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Unit dose medication system" means a system in which
					 single dosage units of drugs are prepackaged and prelabeled in accordance with
					 all applicable laws and regulations governing these practices, and are made
					 available separated as to client and by dosage time. The system shall also
					 comprise, but not be limited to, all equipment and appropriate records deemed
					 necessary and used in making the dose available to the client in an accurate
					 and safe manner. A pharmacist shall be in charge and responsible for the
					 system.
Note: Authority cited: Section
						208(a),
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76201 - License Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  person, firm, partnership, association, corporation, political subdivision of
				  the State or other government agency within the State shall operate or maintain
				  an intermediate care facility for the developmentally disabled, or hold out,
				  represent or advertise by any means that it operates an intermediate care
				  facility for the developmentally disabled without first obtaining a license or
				  provisional license from the Department to do so.
(b) Any skilled nursing facility or
				  intermediate care facility that provides care for the developmentally disabled
				  may use its skilled nursing or intermediate care beds to provide intermediate
				  care for the developmentally disabled without obtaining a certificate of need,
				  a change in license category, or a change in bed classification provided the
				  facility meets all of the following:
(1) The
				  facility was surveyed on or before July 18, 1977 by the Department for
				  certification under provisions of Section
				  449.13 of Title 42 of Code of
				  Federal Regulations; and the beds designated for intermediate care for the
				  developmentally disabled are so certified.
(2) Not less than 95 percent of the beds
				  certified for intermediate care for the developmentally disabled are used to
				  provide care to developmentally disabled clients. A bed certified for
				  intermediate care for the developmentally disabled that is occupied by a client
				  who is not developmentally disabled shall be considered as converted to another
				  use.
(3) On and after the effective
				  date of this subsection, no change of ownership has occurred with respect to
				  the facility requiring issuance of a new license, except a change occurring
				  because of a decrease in the number of partners of a licensed partnership or a
				  reorganization of the governing structure of a licensee in which there is no
				  change in the relative ownership interests.
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 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76203 - Application Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  verified application shall be submitted to the Department whenever any of the
				  following circumstances occur:
(1)
				  Construction of a new or replacement facility.
(2) Increase of licensed bed
				  capacity.
(3) A Change of
				  Ownership. A change of ownership shall be deemed to have occurred where, when
				  compared with the information contained in the last approved license
				  application of the licensee, there has occurred a transfer of a controlling
				  interest in the issued stock of a corporate licensee, a transfer of a
				  controlling interest in the assets of the licensee or a transfer of a
				  controlling interest in the partnership holding the license in terms of capital
				  or shares of profits. The licensee shall submit to the Department any agreement
				  relating to the transfer of management or control of the facility from the
				  licensee to another person or entity, at least 20 days prior to the effective
				  date of such agreement, for review on a case-by-case basis to determine if such
				  agreement results in a de facto transfer of ownership.
(4) Change of license category.
(5) Change of location of facility.
(6) If a person wishes to acquire a
				  beneficial interest of 10 percent or more in any corporation or partnership
				  licensed to operate a skilled nursing facility or intermediate care facility,
				  or to become an officer or director of, or general partner in, such a
				  corporation or partnership such a person must obtain the prior written approval
				  of the Department. Each application for approval shall include the information
				  specified in Section
				  76205(a) (6) as
				  regards the person for whom the application is made.
(A) The provisions of this subsection shall
				  not apply to any institution or person exempted by Section
				  1267.5(f)
				  or
				  1267.5(h)
				  of the Health and Safety Code.
(B)
				  If the Department fails to approve or disapprove such an application for
				  approval within 30 days after receipt thereof, the application shall be deemed
				  approved.
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 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76207 - Architectural Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applications submitted for proposed construction of new
					 facilities, remodeling or additions to facilities shall include drawings and
					 specifications. Information contained in such applications shall be on file in
					 the Department and available to interested individuals and community
					 agencies.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Section
						15008,
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76209 - Criminal Record Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The following persons shall submit a fingerprint card as part of the
				  application for the purpose of conduction of a criminal record review:
(1) The applicant, if an
				  individual.
(2) If the applicant is
				  a corporation, each officer, director and holder of a controlling
				  interest.
(3) If the applicant is a
				  partnership, each general partner.
(4) The facility administrator.
(5) Any other person who will be in charge of
				  the overall operation 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 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76211 - Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  application for a license shall be accompanied by the prescribed fee as
				  authorized by Health and Safety Code, section
				  1266.
(b) No fee shall be refunded to the applicant
				  if the application is withdrawn or if the application is denied by the
				  Department.
(c) Application fees
				  for licenses which cover periods in excess of 12 months shall be prorated on
				  the basis of the total number of months to be licensed divided by 12 months.
				  (Example: 18 months divided by 12 equals 1.5 times the application fee
				  specified in the fee schedule.)
(d)
				  Applications for provisional licenses (for six-month periods) shall be subject
				  to the full amount of the fee as authorized by Health and Safety Code, section
				  1266(e)(2).
				  If upon the expiration of the provisional license a second provisional
				  (six-month period) license is to be issued, the licensee shall receive credit
				  for the unused portion of the fee collected and no additional fee will be
				  required of the licensee. If a regular license is issued upon the expiration of
				  the first provisional license, the unused portion of the fee collected for the
				  provisional license shall be credited against the annual fee required for the
				  regular license. If neither a second provisional or a regular license is to be
				  issued to the applicant, there will be no refund of any portion of the fee paid
				  for the provisional license.
(e)
				  Fees shall be waived for any facility conducted, maintained or operated by this
				  State or any state department, authority, bureau, commission or officer or by
				  the Regents of the University of California, or by a local hospital district,
				  city or county.
(f) When there is
				  an increase in licensed bed capacity or a change of license category, license
				  fees already paid that year shall be credited against the new license
				  fee.
1. Change
					 without regulatory effect amending section and NOTE filed 1-9-2013 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2013, No. 2).
Note: Authority cited: Sections
						1266,
						1275
						and
						131200,
						Health and Safety Code. Reference: Sections
						1266,
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76213 - Fire Safety, Zoning and Building Clearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Architectural plans and specifications
				  shall be reviewed and approved by the Department in accordance with the
				  requirements of Title 24, Part 6, Division T17 (T22) prior to licensure.
				  Additionally, all construction for health facilities shall conform to state
				  building standards related to fire and life safety, and seismic safety, and to
				  local fire safety, zoning, environmental impact and building ordinances,
				  evidence of which shall be presented in writing to the Department.
(b) It shall be the responsibility of the
				  licensee to maintain the facility in a safe structural condition. If the
				  Department determines in a written report submitted to the licensee that an
				  evaluation of the structural condition of the facility building is necessary,
				  the licensee may be required to submit a report by a licensed structural
				  engineer which shall establish a basis for eliminating or correcting the
				  structural conditions which may be hazardous to occupants. The licensee shall
				  eliminate or correct the hazardous condition.
(c) The facility shall meet the seismic
				  safety requirements, if any, prescribed by Section
				  15001
				  of the Health and Safety Code.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Sections
						1276
						and
						13113,
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76217 - Provisional License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may issue a provisional license for the operation of an intermediate
				  care facility for the developmentally disabled to a facility not previously
				  licensed as an intermediate care facility for the developmentally disabled
				  pursuant to Chapter 2, commencing with Section
				  1250,
				  of the Health and Safety Code or to any applicant for a license to operate an
				  intermediate care facility for the developmentally disabled if that applicant
				  has not previously held a license for an intermediate care facility for the
				  developmentally disabled pursuant to Chapter 2, commencing with Section
				  1250,
				  of the Health and Safety Code.
(b)
				  A provisional license issued pursuant to Section
				  76217(a) shall
				  terminate six months from the date of issuance. Within 30 days prior to the
				  termination of a provisional license issued pursuant to Section
				  76217(a), the
				  Department shall give such facility a full and complete inspection, and if the
				  facility meets all applicable requirements for licensure, a regular license
				  shall be issued. If the facility does not meet the requirements for licensure
				  but has made substantial progress toward meeting such requirements, as
				  determined by the Department, the initial provisional license shall be renewed
				  for six months. If the Department determines that there has not been
				  substantial progress toward meeting licensure requirements at the time of the
				  first full inspection provided by this Section, or if the Department determines
				  upon its inspection made within 30 days of the termination of a renewed
				  provisional license that there is a lack of compliance with such requirements,
				  no further license shall be issued.
(c) The Department may issue a provisional
				  license upon a change of ownership of an intermediate care facility for the
				  developmentally disabled to an applicant who has previously held such a license
				  pursuant to Chapter 2, commencing with Section
				  1250,
				  of the Health and Safety Code if the initial relicensure inspection reveals the
				  following:
(1) The facility and the applicant
				  for licensure are in substantial compliance with licensing
				  requirements.
(2) No violation of
				  such laws or regulations exists in the facility which jeopardizes the health or
				  safety of patients.
(3) The
				  applicant has adopted a plan for correction of any existing violation which is
				  satisfactory to the Department.
California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76219 - Separate Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Separate licenses shall be required for intermediate care
					 facilities for the developmentally disabled which are maintained on separate
					 premises even though they are under the same management. Separate licenses
					 shall not be required for separate buildings on the same grounds or adjacent
					 grounds.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Sections
						1253
						and
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76221 - Posting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The license or a true copy thereof shall be conspicuously
					 posted in a prominent location within the facility accessible to public
					 view.
Note: Authority cited: Section
						208(a),
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76223 - Transferability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Licenses are not transferable.
Note: Authority cited: Section
						208(a),
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76225 - Report of Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  licensee shall, within 10 days, notify the Department and shall, upon forms
				  obtained from the Department, provide all information and documentation of any
				  change in the information provided to satisfy the provisions of Section
				  76205.
(b) Each licensee shall inform the Department
				  within 10 days in writing of any change of the mailing address of the licensee.
				  Such writing shall include the new mailing address of the licensee.
(c) When a change in the principal officer of
				  a corporate licensee (chairman, president, administrator or general manager)
				  occurs the Department shall be notified within 10 days in writing by the
				  licensee. Such writing shall include the name and business address of such
				  officer.
(d) Any decrease in
				  licensed bed capacity, or a change of name of the facility shall require
				  notification by letter to the Department, and shall result in the issuance of a
				  corrected license.
Note: Authority cite: Section
						208(a),
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76227 - Program Flexibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All facilities shall maintain compliance with the licensing requirements. These
				  requirements do not prohibit the use of alternate concepts, methods,
				  procedures, techniques, equipment, personnel qualifications or the conducting
				  of pilot projects, provided such exceptions are carried out with the provisions
				  for safe and adequate care and with the prior written approval of the
				  Department. Such approval shall provide for the terms and conditions under
				  which the exception is granted. A written request and substantiating evidence
				  supporting the request shall be submitted by the applicant or licensee to the
				  Department.
(b) Any approval of the
				  Department granted under this Section, or a true copy thereof, shall be posted
				  immediately adjacent to the facility's license that is required to be posted by
				  Section 76221.
Note: Authority cited: Section
						208(a),
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76229 - Voluntary Suspension of License, Service or Licensed Beds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee may
				  request in writing to the Department that a license, service or beds be put in
				  suspense if necessary for modernization or alteration of the facility. The
				  Department shall approve the request for a period necessary to complete
				  alteration or modernization, not to exceed 12 months, unless the Department can
				  show a significant detriment will result from such approval. The licensee shall
				  provide for the orderly and safe transfer of clients as necessary.
(b) Any license or service or licensed beds
				  which has been temporarily suspended by the Department pursuant to this Section
				  shall remain subject to all renewal requirements of an active license,
				  including the payment of license renewal fees, during the period of temporary
				  suspension.
(c) Any license or
				  service or licensed beds suspended pursuant to this Section shall be reinstated
				  by the Department within 12 months of the date of suspension, on receipt of an
				  application and evidence showing compliance with licensing operational
				  requirements in effect at the time of reinstatement.
(d) If the license or service or licensed
				  beds is not reinstated within the 12-month period, it shall expire
				  automatically and shall not be subject to reinstatement.
(e) However, suspension may be renewed for a
				  period not to exceed 6 months if the modernization or alteration cannot be
				  completed within 12 months for reasons absolutely beyond the control of the
				  licensee.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Sections
						1276
						and
						1300,
						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 - Intermediate Care Facilities for the Developmentally Disabled › Article 2 - License › Section 76231 - Voluntary Cancellation of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any licensee desiring to voluntarily
				  surrender his license for cancellation shall notify the Department in writing
				  as soon as possible and in all cases at least 30 days prior to the effective
				  date of cancellation of the license. The license shall provide for the orderly
				  and safe transfer of clients.
(b)
				  Any license voluntarily cancelled pursuant to this Section may be reinstated by
				  the Department within 12 months of the date of cancellation on receipt of an
				  application and evidence showing compliance with licensing operational
				  requirements.
Note: Authority cited: Section
						208(a),
						Health and Safety Code. Reference: Sections
						1253
						and
						1276,
						Health and Safety Code.