Health and Safety Code — Part 38 | HSC — United States — California law | Esheria

Health and Safety Code

Part 38 of 87 · provisions 7,401–7,600

This section says the act is to be known as the Health and Safety Code.

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The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

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  1. 1417.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    This chapter may be cited as the Long-Term Care, Health, Safety, and Security Act of 1973.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1417. This chapter shall be known and may be cited as the Long-Term Care, Health, Safety, and Security Act of 1973. (Added by Stats. 1973, Ch. 1057.)
  2. 1417.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    This section says the Legislature intends to create a citation system, inspection and reporting system, and provisional licensing process for long-term health care facilities.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1417.1. It is the intent of the Legislature in enacting this chapter to establish (1) a citation system for the imposition of prompt and effective civil sanctions against long-term health care facilities in violation of the laws and regulations of this state, and the federal laws and regulations as applicable to nursing facilities as defined in subdivision (k) of Section 1250, relating to patient care; (2) an inspection and reporting system to ensure that long-term health care facilities are in compliance with state statutes and regulations pertaining to patient care; and (3) a provisional licensing mechanism to ensure that full-term licenses are issued only to those long-term health care facilities that meet state standards relating to patient care. (Amended by Stats. 1992, Ch. 1163, Sec. 2. Effective January 1, 1993. Amendatory changes are conditionally inoperative as prescribed by Sec. 8 of Ch. 1163.)
  3. 1417.15.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    Certain long-term care facilities must post a notice when specified sanctions are imposed, with special posting rules for some facility types; the notice may be removed after the sanction is lifted.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1417.15. (a) (1) If one or more of the following remedies is actually imposed for violation of state or federal requirements, the long-term health care facility shall post a notice of the imposed remedy or remedies, in the form specified in subdivision (c), on all doors providing ingress to or egress from the facility, except as specified in paragraph (2): (A) License suspension. (B) Termination of certification for Medicare or Medi-Cal. (C) Denial of payment by Medicare or Medi-Cal for all otherwise eligible residents. (D) Denial of payment by Medicare or Medi-Cal for otherwise eligible incoming residents. (E) Ban on admission of any type. (2) For purposes of this subdivision, a distinct part nursing facility shall only be required to post the notice on all main doors providing ingress to or egress from the distinct part, and not on all of the doors providing ingress to or egress from the facility. An intermediate care facility/developmentally disabled habilitative and an intermediate care facility/developmentally disabled-nursing shall post this notice on the inside of all doors providing ingress to or egress from the facility. (b) A violation of the requirement of subdivision (a) shall be issued and enforced in the manner of a class “B” violation. (c) The form of the notice established pursuant to subdivision (a) shall be entitled “Notice of Violation Remedies.” Each notice shall list the remedy or remedies imposed, as set forth in subdivision (a), and shall include the date the remedy was imposed. The notice shall be typeset on white bond paper, 8 1/2 x 11 inches in size, in boldface black type in a 16-point sans serif type font. A facility may remove the notice on or after the date on which the sanction is lifted. (Amended by Stats. 2001, Ch. 685, Sec. 11. Effective January 1, 2002.)
  4. 1417.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    The department must post specific fund information on its website and update it quarterly. The posting must include fund sources, unallocated amounts, and detailed allocation and spending information, but not residents’ names.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1417.2. (a) Notwithstanding Section 1428, moneys collected as a result of state and federal civil penalties imposed under this chapter or federal law shall be deposited into the State Health Facilities Citation Penalties Account, hereby established in the State Treasury, into which moneys derived from civil penalties for violations of state law shall be deposited, and the Federal Health Facilities Citation Penalties Account, hereby established in the State Treasury, into which moneys derived from civil penalties for violations of federal law shall be deposited. Moneys from these accounts shall be used upon appropriation by the Legislature, in accordance with state and federal law for the protection of health or property of residents of long-term health care facilities, including, but not limited to, the following: (1) Relocation expenses incurred by the department, in the event of a facility closure. (2) Maintenance of facility operation pending correction of deficiencies or closure, such as temporary management or receivership, in the event that the revenues of the facility are insufficient. (3) Reimbursing residents for personal funds lost. In the event that the loss is a result of the actions of a long-term health care facility or its employees, the revenues of the facility shall first be used. (4) The costs associated with informational meetings required under Section 1327.2. (5) Support for the Long-Term Care Ombudsman Program established pursuant to Chapter 11 (commencing with Section 9700) of Division 8.5 of the Welfare and Institutions Code in an amount appropriated from the State Health Facilities Citation Penalties Account for this purpose in the annual Budget Act. (b) Notwithstanding subdivision (a), the balance in the State Health Facilities Citation Penalties Account shall not, at any time, exceed ten million dollars ($10,000,000). (c) Moneys from the Federal Health Facilities Citation Penalties Account may also be used, notwithstanding Section 16370 of the Government Code, upon appropriation by the Legislature, in accordance with state and federal law for the improvement of quality of care and quality of life for long-term health care facilities residents pursuant to Section 1417.3. (d) The department shall post on its internet website, and shall update on a quarterly basis, all of the following regarding the funds in the State Health Facilities Citation Penalties Account and the Federal Health Facilities Citation Penalties Account: (1) The specific sources of funds deposited into the account. (2) The amount of funds in the account that have not been allocated. (3) A detailed description of how funds in the account have been allocated and expended, including, but not limited to, the names of persons or entities that received the funds, the amount of salaries paid to temporary managers, and a description of equipment purchased with the funds. However, the description shall not include the names of residents. (Amended by Stats. 2025, Ch. 21, Sec. 35. (AB 116) Effective June 30, 2025.)
  5. 1417.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    The department must promote quality of care and quality of life in long-term health care facility services through specified activities, measure facility satisfaction and the effectiveness of technical assistance, and keep technical assistance staff separate from licensing and direct regulation roles.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1417.3. The department shall promote quality of care and quality of life for residents, clients, and patients in long-term health care facility services through specific activities that include, but are not limited to, all of the following: (a) Research and evaluation of innovative facility resident care models. (b) (1) Provision of statewide training on effective facility practices. (2) Training also shall include topics related to the provision of quality of care and quality of life for facility residents. The topics for training shall be identified by the department through a periodic survey. The curriculum for the training provided under this paragraph shall be developed in consultation with representatives from provider associations, consumer associations, and others, as deemed appropriate by the state department. (c) The establishment of separate units to respond to facility requests for technical assistance regarding licensing and certification requirements, compliance with federal and state standards, and related operational issues. (d) State employees providing technical assistance to facilities pursuant to this section are only required to report violations they discover during the provision of the assistance to the appropriate district office if the violations constitute an immediate and serious threat to the health and welfare of, or have resulted in actual harm to, patients, residents, or clients of the facility. (e) The state department shall measure facility satisfaction and the effectiveness of the technical assistance provided pursuant to subdivision (c). (f) No person employed in the technical assistance or training units under subdivisions (b) and (c) shall also participate in the licensing, surveying, or direct regulation of facilities. (g) This section shall not diminish the department’s ongoing survey and enforcement process. (Amended by Stats. 2001, Ch. 685, Sec. 12. Effective January 1, 2002.)
  6. 1417.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    The department must run a Quality Awards Program for nursing homes, set criteria for awards, publish annual recipient lists, and disburse available funds to qualified facilities.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1417.4. (a) There is hereby established in the state department the Quality Awards Program for nursing homes. (b) The department shall establish criteria under the program, after consultation with stakeholder groups, for recognizing all skilled nursing facilities that provide exemplary care to residents. (c) (1) Monetary awards shall be made to Quality Awards Program recipients that serve high proportions of Medi-Cal residents to the extent funds are appropriated each year in the annual Budget Act. (2) Monetary awards presented under this section and paid for by funds appropriated from the General Fund shall be used for staff bonuses and distributed in accordance with criteria established by the department. (3) Monetary awards presented under this section and paid for from funds from the Federal Citation Penalty Account shall be used to fund innovative facility grants to improve the quality of care and quality of life for residents in skilled nursing facilities, or to fund innovative efforts to increase employee recruitment, or retention, or both, subject to federal approval. (d) The department shall establish criteria for selecting facilities to receive the quality awards, in consultation with senior advocacy organizations, employee labor organizations representing facility employees, nursing home industry representatives, and other interested parties as deemed appropriate by the department. The criteria established pursuant to this subdivision shall not be considered regulations within the meaning of Section 11342 of the Government Code, and shall not be subject to adoption as regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (e) The department shall publish an annual listing of the Quality Awards Program recipients with the dollar amount awarded, if applicable. The department shall also publish an annual listing of the Quality Awards Program recipients that receive innovative facility grants with the purpose of the grant and the grant amount. (f) All of the funds available for the programs described in this section shall be disbursed to qualified facilities by January 1, 2002, and January 1 of each year thereafter. (Amended by Stats. 2001, Ch. 171, Sec. 2.3. Effective August 10, 2001.)
  7. 1418.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    This section defines “long-term health care facility” and “licensee” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1418. As used in this chapter: (a) “Long-term health care facility” means any facility licensed pursuant to Chapter 2 (commencing with Section 1250) that is any of the following: (1) Skilled nursing facility. (2) Intermediate care facility. (3) Intermediate care facility/developmentally disabled. (4) Intermediate care facility/developmentally disabled habilitative. (5) Intermediate care facility/developmentally disabled-nursing. (6) Congregate living health facility. (7) Nursing facility. (8) Intermediate care facility/developmentally disabled-continuous nursing. (b) “Long-term health care facility” also includes a pediatric day health and respite care facility licensed pursuant to Chapter 8.6 (commencing with Section 1760). (c) “Long-term health care facility” does not include a general acute care hospital or an acute psychiatric hospital, except for that distinct part of the hospital that provides skilled nursing facility, intermediate care facility, intermediate care facility/developmentally disabled, or pediatric day health and respite care facility services. (d) “Licensee” means the holder of a license issued under Chapter 2 (commencing with Section 1250) or Chapter 8.6 (commencing with Section 1760) for a long-term health care facility. (Amended by Stats. 2013, Ch. 724, Sec. 2. (SB 651) Effective January 1, 2014.)
  8. 1418.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    Respite care facilities must allow certain medication handling and physician orders, may use a simplified assessment process, and are limited to 10% of licensed bed capacity for respite care unless approved otherwise.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1418.1. (a) Any person receiving respite care services shall be permitted to bring medications to the skilled nursing facility or intermediate care facility if the contents have been examined and positively identified upon the patient’s admission to the facility by the patient’s personal physician and surgeon or a pharmacist retained by the facility. (b) A skilled nursing facility or intermediate care facility providing respite care services shall not be required to afford a person receiving respite care services a bedhold when the person is transferred to a general acute care hospital, as defined in Section 1250. (c) A skilled nursing facility or intermediate care facility providing respite care services shall permit the personal physician and surgeon of a person receiving respite care services to issue advance orders for care and treatment for a period not to exceed 90 days from the date of admission of the person, based on the person’s medical history, diagnosis, and physical assessment conducted upon admission. The skilled nursing facility or intermediate care facility may readmit the person for respite care services on the basis of the advance orders for care and treatment, unless the personal physician and surgeon of the person indicates that there has been a significant change in the person’s medical condition. These advance orders shall only be used by the skilled nursing or intermediate care facility during periods in which the person is receiving respite care services. (d) A skilled nursing facility or intermediate care facility providing respite care services may implement an abbreviated resident assessment and care planning procedure for persons admitted for respite care services consistent with the facility’s obligation to protect the health and safety of residents and the general public. The abbreviated resident assessment and care planning procedure shall address the necessary care services required by the person admitted for respite care during the length of the respite care stay. The abbreviated resident assessment and care planning procedure documents do not have to be updated with every readmission of the same person to the facility for respite care services, unless the personal physician and surgeon of the person indicates that there has been a significant change in the person’s medical condition. (e) As used in this section, “respite care services” means service provided to frail elderly or functionally impaired persons in a licensed skilled nursing facility or intermediate care facility, as defined in Section 1250, on a temporary or periodic basis to relieve persons who are providing their care at home. (f) As used in this section, “temporary or periodic” means a period of time not to exceed 15 consecutive days or a total of 45 days in any one year. (g) No more than 10 percent of a skilled nursing or intermediate care facility’s total licensed bed capacity may be used during any one calendar year for the provision of respite care services as defined in this section. A facility may exceed this limit with the prior written approval of the State Department of Health Services. (Added by Stats. 1990, Ch. 1329, Sec. 4. Effective September 26, 1990.)
  9. 1418.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    Certain licensed health facilities must establish and maintain a resident council, and the council must meet, keep minutes, and allow state review on request.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1418.2. (a) Every facility licensed pursuant to subdivisions (c), (d), (e), and (g) of Section 1250 and every skilled nursing facility licensed separately under subdivision (a) of Section 1250 shall establish and maintain a resident council. Each council shall include the residents of the health facility, and may include family members of residents, advocates, or ombudsman groups interested in residents of health facilities, and personnel of the health facility. Family members of residents shall be invited to meetings of resident councils. The council shall meet at regularly scheduled intervals, maintain written minutes, including names of council members present, and have minutes available for review by the state department upon its request. Facility policies on resident councils shall in no way limit the right of residents to meet independently with outside persons or facility personnel as determined solely by the residents of the facility. Written minutes of regularly scheduled council meetings may include recommendations from the council to the licensee of the health facility which shall be provided to the licensee. The licensee shall provide evidence of review and action on these recommendations to the state department upon its request. (b) Any health facility which fails to establish a resident council as prescribed in subdivision (a) shall be subject to the provisions of Section 1280. (c) The state department shall, by regulation, specify those circumstances under which a health facility may be exempted from the provisions of subdivisions (a) and (b), including, but not limited to, the following: (1) A resident population consisting of a majority of patients with progressively disabling disorders defined in Section 1250.4. (2) Facilities with no more than six residents which provide alternate means for residents to actively share in planning and enhancing of life in the facility. (3) Other circumstances as determined by the state department. (Amended by Stats. 1986, Ch. 1351, Sec. 3.)
  10. 1418.21.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    Skilled nursing facilities certified for Medicare or Medicaid must post CMS overall rating information in specified places and formats, and keep an explanation available on request.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1418.21. (a) A skilled nursing facility that has been certified for purposes of Medicare or Medicaid shall post the overall facility rating information determined by the federal Centers for Medicare and Medicaid Services (CMS) in accordance with the following requirements: (1) The information shall be posted in at least the following locations in the facility: (A) An area accessible and visible to members of the public. (B) An area used for employee breaks. (C) An area used by residents for communal functions, such as dining, resident council meetings, or activities. (2) The information shall be posted on white or light-colored paper that includes all of the following, in the following order: (A) The full name of the facility, in a clear and easily readable font of at least 28 point. (B) The full address of the facility in a clear and easily readable font of at least 20 point. (C) The most recent overall star rating given by CMS to that facility, except that a facility shall have seven business days from the date when it receives a different rating from CMS to include the updated rating in the posting. The star rating shall be aligned in the center of the page. The star rating shall be expressed as the number that reflects the number of stars given to the facility by CMS. The number shall be in a clear and easily readable font of at least two inches print. (D) Directly below the star symbols shall be the following text in a clear and easily readable font of at least 28 point: “The above number is out of 5 stars.” (E) Directly below the text described in subparagraph (D) shall be the following text in a clear and easily readable font of at least 14 point: “This facility is reviewed annually and has been licensed by the State of California and certified by the federal Centers for Medicare and Medicaid Services (CMS). CMS rates facilities that are certified to accept Medicare or Medicaid. CMS gave the above rating to this facility. A detailed explanation of this rating is maintained at this facility and will be made available upon request. This information can also be accessed online at the Nursing Home Compare Internet Web site at http://www.medicare.gov/NHcompare. Like any information, the Five-Star Quality Rating System has strengths and limits. The criteria upon which the rating is determined may not represent all of the aspects of care that may be important to you. You are encouraged to discuss the rating with facility staff. The Five-Star Quality Rating System was created to help consumers, their families, and caregivers compare nursing homes more easily and help identify areas about which you may want to ask questions. Nursing home ratings are assigned based on ratings given to health inspections, staffing, and quality measures. Some areas are assigned a greater weight than other areas. These ratings are combined to calculate the overall rating posted here.” (F) Directly below the text described in subparagraph (E), the following text shall appear in a clear and easily readable font of at least 14 point: “State licensing information on skilled nursing facilities is available on the State Department of Public Health’s Internet Web site at: www.cdph.ca.gov, under Programs, Licensing and Certification, Health Facilities Consumer Information System.” (3) For the purposes of this section, “a detailed explanation of this rating” shall include, but shall not be limited to, a printout of the information explaining the Five-Star Quality Rating System that is available on the CMS Nursing Home Compare Internet Web site. This information shall be maintained at the facility and shall be made available upon request. (4) The requirements of this section shall be in addition to any other posting or inspection report availability requirements. (b) Violation of this section shall constitute a class B violation, as defined in subdivision (e) of Section 1424 and, notwithstanding Section 1290, shall not constitute a crime. Fines from a violation of this section shall be deposited into the State Health Facilities Citation Penalties Account, created pursuant to Section 1417.2. (c) This section shall be operative on January 1, 2011. (Amended by Stats. 2010, Ch. 328, Sec. 120. (SB 1330) Effective January 1, 2011.)
  11. 1418.22.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    Skilled nursing facilities must have backup power for at least 96 hours during outages, and related fuel or storage arrangements must support that duration.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1418.22. (a) The Legislature finds and declares that it is the public policy of this state to ensure the health and safety of highly vulnerable persons residing in skilled nursing facilities during power outages that may result from a public safety power shutoff, an emergency, a natural disaster, or other cause. (b) (1) A skilled nursing facility shall have an alternative source of power to protect resident health and safety for no fewer than 96 hours during any type of power outage. (2) For purposes of this section, “alternative source of power” means a source of electricity that is not received through an electric utility but is generated or stored onsite, which may include, but is not limited to, emergency generators using fuel, large capacity batteries, and renewable electrical generation facilities. (c) For purposes of this section, “resident health and safety” includes, but is not limited to, maintaining a safe temperature for residents, maintaining availability of life-saving equipment, and maintaining availability of oxygen-generating devices. (d) A facility that uses a generator as its alternative source of power shall maintain sufficient fuel onsite to maintain generator operation for no less than 96 hours or make arrangements for fuel delivery for an emergency event. If fuel is to be delivered during an emergency event, the facility shall ensure that fuel will be available with no delays. (e) A facility that uses batteries or a combination of batteries in tandem with a renewable electrical generation facility as its alternative source of power shall have sufficient storage or generation capacity to maintain operation for no fewer than 96 hours. A facility shall also make arrangements for delivery of a generator and fuel in the event power is not restored within 96 hours and the generation capacity of the renewable electrical generation facility is unable to provide sufficient power to comply with state requirements for long-term care facilities. (f) (1) A facility shall comply with the requirements of this section on or after January 1, 2026, commencing on the first day of the Medi-Cal skilled nursing facility rate year for which the State Department of Health Care Services publishes a written notice on its internet website that the Legislature has appropriated sufficient funds for the express purpose of providing an add-on to the Medi-Cal skilled nursing facility per diem rate for the projected Medi-Cal cost of complying with the requirements of this section, to the extent required by any of the following: (A) The Medi-Cal Long-Term Care Reimbursement Act (Article 3.8 (commencing with Section 14126) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code). (B) The California Medicaid State Plan. (C) Any other applicable state or federal law or regulation. (2) Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may implement this subdivision by means of provider bulletins, policy letters, or other similar instructions, without taking regulatory action. (Amended by Stats. 2025, Ch. 21, Sec. 36. (AB 116) Effective June 30, 2025.)
  12. 1418.23.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    Skilled nursing facilities must review their external disaster and mass casualty plan at least once a year and, when adopting or updating it, seek input, use recent disaster lessons where feasible, and share plan copies with emergency planning offices.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1418.23. (a) The Legislature finds and declares that it is the public policy of this state to ensure the health and safety of highly vulnerable persons residing in skilled nursing facilities during an emergency, natural disaster, wildfire, or other cause requiring the evacuation of residents. (b) The external disaster and mass casualty program plan required to be adopted pursuant to Section 72551 of Title 22 of the California Code of Regulations shall be reviewed at least once per year. In adopting and updating the plan, a skilled nursing facility shall do all of the following: (1) Seek input from county or regional and local planning offices, including the medical health operational area coordinator (MHOAC). (2) Incorporate, to the extent feasible, lessons learned from any recent major disasters that impacted skilled nursing facilities in California. (3) Provide copies of the plan, including updates, to local or regional emergency planning offices, including the MHOAC. (c) This section shall not apply to any facility owned or operated by the Department of Corrections and Rehabilitation, which shall maintain disaster and mass casualty plans in accordance with Department of Corrections and Rehabilitation regulations and policies. (Added by Stats. 2025, Ch. 546, Sec. 2. (SB 582) Effective January 1, 2026.)
  13. 1418.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    A licensed skilled nursing facility must let a patient’s family meet privately with a resident family member if the family requests it.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1418.3. (a) Each licensed skilled nursing facility shall, when requested by a member of a patient’s family, allow the family to meet privately with a family member who is a resident in the facility. (b) “Family member” for the purposes of this section means an immediate family member or family member designated and documented on the patient’s record at the time of admission to the facility. (Added by Stats. 1987, Ch. 1125, Sec. 1.)
  14. 1418.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    Licensed skilled nursing and intermediate care facilities must not block family councils and must support notices, access, responses, and communications.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1418.4. (a) A licensed skilled nursing facility or intermediate care facility shall not prohibit the formation of a family council. If requested by a member of the resident’s family or the resident representative, the family council shall be allowed to meet in a common meeting room of the facility at least once per month during mutually agreed-upon hours. A family council shall also be allowed to meet virtually or at an offsite location at its discretion. (b) Facility policies on family councils shall in no way limit the right of residents, family members, and family council members to meet independently with outside persons, including members of nonprofit or governmental organizations or with facility personnel during nonworking hours. (c) For purposes of this section, “family council” means a meeting of family members, friends, or representatives of two or more residents to confer in private without facility staff. (d) A family council shall be provided with adequate space on a prominent bulletin board or other posting area for the display of meeting notices, minutes, newsletters, or other information pertaining to the operation or interest of the family council. (e) A person other than a family member, friend, or resident representative, including facility staff, may attend a family council meeting, but only at the invitation of the family council. (f) The facility shall provide a designated staff person, approved by the family council, who shall be responsible for providing assistance and responding to written requests that result from family council meetings. The family council may request an alternate staff person as needed. (g) The facility shall consider the views and act upon the grievances and recommendations of a family council concerning proposed policy and operational decisions affecting resident care and life in the facility. (h) If a family council submits written requests, concerns, or recommendations, the facility shall respond in writing regarding any action or inaction taken in response to the requests, concerns, or recommendations within 14 calendar days and shall detail its rationale for that response. (i) (1) If a facility has a family council, the facility shall inform the resident and the resident’s representatives, family members, or other individuals designated by the resident and identified on the contract of admission, during the admission process, or in the resident’s records of the existence of the family council and provide the name and contact information of the family council representative, as designated by the family council, in writing, prior to or within five business days after the resident’s admission. When family council meeting information is provided by the family council, the facility shall include notice of the family council meetings in quarterly mailings to those family members, friends, and resident representatives. The notice shall include the time, place, and date of meetings, and the name and contact information of the family council representative, as designated by the family council. (2) If a facility does not have a family council, the facility shall provide, upon admission of a new resident, written information to the resident’s family members, friends, or resident representatives identified on the contract of admission, during the admission process, or in the resident’s records, of their right to form a family council. (j) (1) A facility shall provide the family council with the names, email addresses, and other contact information for each resident’s representatives, family members, or other individuals designated by the resident if the person has provided written consent specifying the contact information that may be shared with the family council. (2) The facility must inform the identified family members, friends, and representatives of their right to have their contact information shared with the family council pursuant to paragraph (1). (3) This subdivision shall be implemented only to the extent that it is not in conflict with state and federal law. (k) A facility shall not willfully interfere with the formation, maintenance, or promotion of a family council, or with a family council’s participation in governmental surveys or inspection activities performed by any applicable departments or other governmental entities. For purposes of this subdivision, willful interference shall include, but shall not be limited to, discrimination or retaliation in any way against an individual as a result of their participation in a family council, refusal to publicize family council meetings or provide appropriate space for meetings or postings as required under this section, failure to respond to written requests, concerns, or recommendations by a family council as required under this section, or the willful scheduling of facility events in conflict with a previously scheduled family council meeting. (l) (1) A violation of this section shall constitute a violation of resident rights. (2) A violation of this section shall constitute a class “B” violation, as defined in Section 1424. (3) A violation of this section shall not be subject to Section 1290. (Repealed and added by Stats. 2023, Ch. 821, Sec. 3. (AB 979) Effective January 1, 2024.)
  15. 1418.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    A regulation for skilled nursing or intermediate care facilities may not bar patients from keeping nonprescription or topical ophthalmic medicines at bedside, unless the attending physician or the facility says it is contraindicated.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1418.5. No regulation adopted with respect to skilled nursing facilities or intermediate care facilities shall prohibit patients in the facility from storing nonprescription or topical ophthalmic medications at their bedside unless contraindicated by the patient’s attending physician or the facility. (Amended by Stats. 1982, Ch. 408, Sec. 1.)
  16. 1418.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    A long-term health care facility must not accept or keep a patient if it cannot provide adequate care.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1418.6. No long-term health care facility shall accept or retain any patient for whom it cannot provide adequate care. (Added by Stats. 1985, Ch. 11, Sec. 7. Effective March 6, 1985.)
  17. 1418.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    Long-term health care facilities must create and carry out policies and procedures to reduce theft and loss.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1418.7. (a) Long-term health care facilities, as defined in Section 1418, shall develop and implement policies and procedures designed to reduce theft and loss. (b) The facility program shall include all of the following: (1) Establishment and posting of the facility’s theft and loss policies. (2) Orientation of employees to those policies. (3) Documentation of theft and loss of property with a value of twenty-five dollars ($25) or more. (4) Inventory of patient’s personal property upon admission. (5) Inventory of and surrender of patient’s personal property upon death or discharge. (6) Regular review of the effectiveness of the policies and procedures. (7) Marking of patient’s personal property, including dentures and prosthetic and orthopedic devices. (8) Reports to local law enforcement of stolen property with a value of one hundred dollars ($100) or more. (9) Methods for securing personal property. (10) Notification of residents and families of the facility’s policies. (c) The policies and procedures developed by the facilities pursuant to this section shall be in accordance with Section 1289.4, as added by Assembly Bill 2047 of the 1987–88 Regular Session of the Legislature, if that bill is enacted and becomes effective. (d) If a facility has shown clear and convincing evidence of its efforts to comply with the requirements of this section, no citation shall be issued as a result of the occasional occurrence of theft and loss in a facility. (Added by Stats. 1987, Ch. 1226, Sec. 1.)
  18. 1418.81.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    Skilled nursing facilities must assess and document a resident’s discharge and return-to-community planning, and review discharge potential at least quarterly or after a significant medical change.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1418.81. (a) In order to assure the provision of quality patient care and as part of the planning for that quality patient care, commencing at the time of admission, a skilled nursing facility, as defined in subdivision (c) of Section 1250, shall include in a resident’s care assessment the resident’s projected length of stay and the resident’s discharge potential. The assessment shall include whether the resident has expressed or indicated a preference to return to the community and whether the resident has social support, such as family, that may help to facilitate and sustain return to the community. The assessment shall be recorded with the relevant portions of the minimum data set, as described in Section 14110.15 of the Welfare and Institutions Code. The plan of care shall reflect, if applicable, the care ordered by the attending physician needed to assist the resident in achieving the resident’s preference of return to the community. (b) The skilled nursing facility shall evaluate the resident’s discharge potential at least quarterly or upon a significant change in the resident’s medical condition. (c) The interdisciplinary team shall oversee the care of the resident utilizing a team approach to assessment and care planning and shall include the resident’s attending physician, a registered professional nurse with responsibility for the resident, other appropriate staff in disciplines as determined by the resident’s needs, and, where practicable, a resident’s representative, in accordance with applicable federal and state requirements. (d) If return to the community is part of the care plan, the facility shall provide to the resident or responsible party and document in the care plan the information concerning services and resources in the community. That information may include information concerning: (1) In-home supportive services provided by a public authority or other legally recognized entity, if any. (2) Services provided by the Area Agency on Aging, if any. (3) Resources available through an independent living center. (4) Other resources or services in the community available to support return to the community. (e) If the resident is otherwise eligible, a skilled nursing facility shall make, to the extent services are available in the community, a reasonable attempt to assist a resident who has a preference for return to the community and who has been determined to be able to do so by the attending physician, to obtain assistance within existing programs, including appropriate case management services, in order to facilitate return to the community. The targeted case management services provided by entities other than the skilled nursing facility shall be intended to facilitate and sustain return to the community. (f) Costs to skilled nursing facilities to comply with this section shall be allowable for Medi-Cal reimbursement purposes pursuant to Section 1324.25, but shall not be considered a new state mandate under Section 14126.023 of the Welfare and Institutions Code. (Added by Stats. 2004, Ch. 875, Sec. 2. Effective September 29, 2004.)
  19. 1418.9.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    If a doctor in a skilled nursing facility prescribes or increases antipsychotic medication for a resident, the doctor must get the resident’s informed consent and ask for consent to notify an interested family member.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1418.9. (a) If the attending physician and surgeon of a resident in a skilled nursing facility prescribes, orders, or increases an order for an antipsychotic medication for the resident, the physician and surgeon shall do both of the following: (1) Obtain the informed consent of the resident for purposes of prescribing, ordering, or increasing an order for the medication. (2) Seek the consent of the resident to notify the resident’s interested family member, as designated in the medical record. If the resident consents to the notice, the physician and surgeon shall make reasonable attempts, either personally or through a designee, to notify the interested family member, as designated in the medical record, within 48 hours of the prescription, order, or increase of an order. (b) Notification of an interested family member is not required under paragraph (2) of subdivision (a) if any of the following circumstances exist: (1) There is no interested family member designated in the medical record. (2) The resident has been diagnosed as terminally ill by his or her physician and surgeon and is receiving hospice services from a licensed, certified hospice agency in the facility. (3) The resident has not consented to the notification. (c) As used in this section, the following definitions shall apply: (1) “Resident” means a patient of a skilled nursing facility who has the capacity to consent to make decisions concerning his or her health care, including medications. (2) “Designee” means a person who has agreed with the physician and surgeon to provide the notice required by this section. (3) “Antipsychotic medication” means a medication approved by the United States Food and Drug Administration for the treatment of psychosis. (4) “Increase of an order” means an increase of the dosage of the medication above the dosage range stated in a prior consent from the resident. (d) This section shall not be construed to require consent from an interested family member for an attending physician and surgeon of a resident to prescribe, order, or increase an order for antipsychotic medication. (Added by Stats. 2000, Ch. 46, Sec. 1. Effective January 1, 2001.)
  20. 1418.91.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    A long-term health care facility must report alleged or suspected resident abuse to the department immediately, or within 24 hours.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1418.91. (a) A long-term health care facility shall report all incidents of alleged abuse or suspected abuse of a resident of the facility to the department immediately, or within 24 hours. (b) A failure to comply with the requirements of this section shall be a class “B” violation. (c) For purposes of this section, “abuse” shall mean any of the conduct described in subdivisions (a) and (b) of Section 15610.07 of the Welfare and Institutions Code. (d) This section shall not change any reporting requirements under Section 15630 of the Welfare and Institutions Code, or as otherwise specified in the Elder Abuse and Dependent Adult Civil Protection Act, Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code. (Added by Stats. 2000, Ch. 451, Sec. 17. Effective January 1, 2001.)
  21. 1419.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    The department must create a consumer response unit for long-term health care facility complaints and inquiries, offer assistance, and protect complainant identity in complaint materials.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1419. (a) The department shall establish a centralized consumer response unit within the Licensing and Certification Division of the department to respond to consumer inquiries and complaints. (b) Upon receipt of consumer inquiries, the unit shall offer assistance to consumers in resolving concerns about the quality of care and the quality of life in long-term health care facilities. This assistance may include, but shall not be limited to, all of the following: (1) Offering to provide to consumers education and information about state licensing and federal certification standards, resident rights, name and address of facilities, referral to other entities as appropriate, and facility compliance history. (2) Offering to participate in telephone conference calls between consumers and providers to resolve concerns within the scope of the authority of the department. If the inquiry or concern is determined to warrant an onsite investigation, the inquiry or concern shall be considered a complaint and handled pursuant to the complaint investigation process set forth in Section 1420. (3) Initiating onsite investigations in response to oral or written complaints made pursuant to this section if the unit determines that there is a reasonable basis to believe that the allegations in the complaints describe one or more violations of state law by a long-term care facility. (c) Nothing in subdivision (a) or (b) shall preclude the department from taking any or all enforcement actions available under state or federal law. (d) Any person may request an inspection of any long-term health care facility in accordance with this chapter by giving to the department oral or written notice of an alleged violation of applicable requirements of state law. Any written notice may be signed by the complainant setting forth with reasonable particularity the matters complained of. Oral notice may be made by telephone or personal visit. Any oral complaint shall be reduced to writing by the department. The substance of the complaint shall be provided to the licensee no earlier than at the commencement of the inspection. (e) Neither the substance of the complaint provided the licensee nor any copy of the complaint or record published, released, or otherwise made available to the licensee shall disclose the name of any individual complainant or other person mentioned in the complaint, except the name or names of any duly authorized officer, employee, or agent of the state department conducting the investigation or inspection pursuant to this chapter, unless the complainant specifically requests the release of the name or names or the matter results in a judicial proceeding. (Amended by Stats. 2001, Ch. 680, Sec. 3. Effective January 1, 2002.)
  22. 1420.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    This section requires the state department to investigate complaints about long-term health care facilities within set deadlines and to keep complainants informed. It also gives complainants a right to request an informal conference and appeal review in some cases.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1420. (a) (1) Upon receipt of a written or oral complaint, the state department shall assign an inspector to make a preliminary review of the complaint and shall notify the complainant within two working days of the receipt of the complaint of the name of the inspector. Unless the state department determines that the complaint is willfully intended to harass a licensee or is without any reasonable basis, it shall make an onsite inspection or investigation within 10 working days of the receipt of the complaint. In any case in which the complaint involves a threat of imminent danger of death or serious bodily harm, the state department shall make an onsite inspection or investigation within 24 hours of the receipt of the complaint. In any event, the complainant shall be promptly informed of the state department’s proposed course of action and of the opportunity to accompany the inspector on the inspection or investigation of the facility. Upon the request of either the complainant or the state department, the complainant or his or her representative, or both, may be allowed to accompany the inspector to the site of the alleged violations during his or her tour of the facility, unless the inspector determines that the privacy of any patient would be violated thereby. (2) When conducting an onsite inspection or investigation pursuant to this section, the state department shall collect and evaluate all available evidence and may issue a citation based upon, but not limited to, all of the following: (A) Observed conditions. (B) Statements of witnesses. (C) Facility records. (3) (A) For a complaint that involves a threat of imminent danger of death or serious bodily harm that is received on or after July 1, 2016, the state department shall complete an investigation of the complaint within 90 days of receipt of the complaint. At the completion of the complaint investigation, the state department shall notify the complainant and licensee in writing of the state department’s determination as a result of the inspection or investigation. (B) The time period described in subparagraph (A) may be extended up to an additional 60 days if the investigation cannot be completed due to extenuating circumstances. The state department shall document these circumstances in its final determination and notify the facility and the complainant in writing of the basis for the extension and the estimated completion date. (4) (A) For a complaint that does not involve a threat of imminent danger of death or serious bodily harm pursuant to paragraph (3) and that is received on or after July 1, 2017, and prior to July 1, 2018, the state department shall complete an investigation of the complaint within 90 days of receipt of the complaint. At the completion of the complaint investigation, the state department shall notify the complainant and licensee in writing of the state department’s determination as a result of the inspection or investigation. (B) The time period described in subparagraph (A) may be extended up to an additional 90 days if the investigation cannot be completed due to extenuating circumstances. The state department shall document these circumstances in its final determination and notify the facility and the complainant in writing of the basis for the extension and the estimated completion date. (5) (A) For a complaint that is received on or after July 1, 2018, the state department shall complete an investigation of the complaint within 60 days of receipt of the complaint. At the completion of the complaint investigation, the state department shall notify the complainant and licensee in writing of the state department’s determination as a result of the inspection or investigation. (B) The time period described in subparagraph (A) may be extended up to an additional 60 days if the investigation cannot be completed due to extenuating circumstances. The state department shall document these circumstances in its final determination and notify the facility and the complainant in writing of the basis for the extension and the estimated completion date. (b) Upon being notified of the state department’s determination as a result of the inspection or investigation, a complainant who is dissatisfied with the state department’s determination, regarding a matter which would pose a threat to the health, safety, security, welfare, or rights of a resident, shall be notified by the state department of the right to an informal conference, as set forth in this section. The complainant may, within five business days after receipt of the notice, notify the director in writing of his or her request for an informal conference. The informal conference shall be held with the designee of the director for the county in which the long-term health care facility which is the subject of the complaint is located. The long-term health care facility may participate as a party in this informal conference. The director’s designee shall notify the complainant and licensee of his or her determination within 10 working days after the informal conference and shall apprise the complainant and licensee in writing of the appeal rights provided in subdivision (c). (c) If the complainant is dissatisfied with the determination of the director’s designee in the county in which the facility is located, the complainant may, within 15 days after receipt of this determination, notify in writing the Deputy Director of the Licensing and Certification Division of the state department, who shall assign the request to a representative of the Complainant Appeals Unit for review of the facts that led to both determinations. As a part of the Complainant Appeals Unit’s independent investigation, and at the request of the complainant, the representative shall interview the complainant in the district office where the complaint was initially referred. Based upon this review, the Deputy Director of the Licensing and Certification Division of the state department shall make his or her own determination and notify the complainant and the facility within 30 days. (d) Any citation issued as a result of a conference or review provided for in subdivision (b) or (c) shall be issued and served upon the facility within 30 days of the final determination. Service shall be effected either personally or by registered or certified mail. A copy of the citation shall also be sent to each complainant by registered or certified mail. (e) A miniexit conference shall be held with the administrator or his or her representative upon leaving the facility at the completion of the investigation to inform him or her of the status of the investigation. The state department shall also state the items of noncompliance and compliance found as a result of a complaint and those items found to be in compliance, provided the disclosure maintains the anonymity of the complainant. In any matter in which there is a reasonable probability that the identity of the complainant will not remain anonymous, the state department shall also notify the facility that it is unlawful to discriminate or seek retaliation against a resident, employee, or complainant. (f) Any citation issued as a result of the complaint investigation provided for in paragraph (3), (4), or (5) of subdivision (a), and in compliance with Section 1423, shall be issued and served upon the facility within 30 days of the completion of the complaint investigation. (g) For purposes of this section, “complaint” means any oral or written notice to the state department, other than a report from the facility of an alleged violation of applicable requirements of state or federal law or any alleged facts that might constitute such a violation. (h) Nothing in this section shall be interpreted to diminish the state department’s authority and obligation to investigate any alleged violation of applicable requirements of state or federal law, or any alleged facts that might constitute a violation of applicable requirements of state or federal law, and to enforce applicable requirements of law. (Amended by Stats. 2015, Ch. 18, Sec. 9. (SB 75) Effective June 24, 2015.)
  23. 1421.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    State department officers, employees, or agents may inspect long-term health care facilities, but advance notice is generally prohibited and patients must be treated with dignity during inspections.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1421. (a) Any duly authorized officer, employee, or agent of the state department may enter and inspect any long-term health care facility, including, but not limited to, interviewing residents and reviewing records, at any time to enforce any provision of this chapter. (b) Patients shall be treated with consideration, respect, and full recognition of dignity during the course of the investigation or inspection. (c) Inspections conducted pursuant to complaints filed with the state department shall be conducted in such a manner as to ensure maximum effectiveness while respecting the rights of patients in the facility. No advance notice shall be given of any inspection conducted pursuant to this chapter unless previously and specifically authorized by the director or required by federal law. (d) Any public employee giving any advance notice in violation of this section shall be deemed to be in violation of subdivision (t) of Section 19572 of the Government Code and shall be suspended from all duties without pay for a period determined by the director. (e) Except as otherwise specified by law, any duly authorized officer, employee, or agent of the state department shall not limit the scope of practice of registered nurses acting under Section 2725 of the Business and Professions Code. Further, these agents shall not prohibit the performing of functions by registered nurses when those nurses are performing under standardized procedures, where their activity is consistent with the scope of nursing practice, as set forth in Section 2725 of the Business and Professions Code. (Amended by Stats. 1986, Ch. 1351, Sec. 4.)
  24. 1421.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    A skilled nursing facility licensee must notify the department within 24 hours after certain listed events happen; if the notice is by phone, a written confirmation is due within five calendar days.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1421.1. (a) Within 24 hours of the occurrence of any of the events specified in subdivision (b), the licensee of a skilled nursing facility shall notify the department of the occurrence. This notification may be in written form if it is provided by telephone facsimile or overnight mail, or by telephone with a written confirmation within five calendar days. The information provided pursuant to this subdivision may not be released to the public by the department unless its release is needed to justify an action taken by the department or it otherwise becomes a matter of public record. A violation of this section is a class “B” violation. (b) All of the following occurrences shall require notification pursuant to this section: (1) The licensee of a facility receives notice that a judgment lien has been levied against the facility or any of the assets of the facility or the licensee. (2) A financial institution refuses to honor a check or other instrument issued by the licensee to its employees for a regular payroll. (3) The supplies, including food items and other perishables, on hand in the facility fall below the minimum specified by any applicable statute or regulation. (4) The financial resources of the licensee fall below the amount needed to operate the facility for a period of at least 45 days based on the current occupancy of the facility. The determination that financial resources have fallen below the amount needed to operate the facility shall be based upon the current number of occupied beds in the facility multiplied by the current daily Medi-Cal reimbursement rate multiplied by 45 days. (5) The licensee fails to make timely payment of any premiums required to maintain required insurance policies or bonds in effect, or any tax lien levied by any government agency. (Amended by Stats. 2001, Ch. 685, Sec. 14. Effective January 1, 2002.)
  25. 1421.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    This section requires prompt bankruptcy-related notice for long-term health care facilities and gives the department authority to notify and intervene when a trustee is involved.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1421.5. (a) (1) Within 24 hours of the filing of a bankruptcy petition under Title 11 of the United States Code or any other laws of the United States, by any person or entity holding a controlling interest in a long-term health care facility, the licensee of the long-term health care facility shall provide written notification to the department of the filing of the petition and the location of the court in which the petition was filed. The written notification may be provided to the department by telephone facsimile or overnight mail. (2) Within 24 hours of the appointment of a trustee by the bankruptcy court, the long-term health care facility shall provide written notification to the department of the name, address, and telephone number of the trustee. The written notification may be provided to the department by telephone facsimile or overnight mail. (3) The department shall provide written notification to the trustee of the requirements of operating a licensed long-term health care facility within three days of being notified of the appointment of the trustee. The contents of this written notice may be provided to the trustee by telephone facsimile or overnight mail and shall include, but not be limited to, all of the following: (A) The trustee is required to manage and operate the long-term health care facility according to the requirements of state law, in the same manner that the owner or possessor of the facility would be required to manage and operate the facility, including, but not limited to, complying with Article 8.5 (commencing with Section 1336) of Chapter 2, Chapter 3.9 (commencing with Section 1599), and Sections 72527, 73523, and 76525 of Title 22 of the California Code of Regulations. (B) The transfer of patients pursuant to the liquidation of a licensed long-term health care facility presents a compelling public health and safety risk, and the trustee will not be exempted from complying with applicable state law for any reason. (b) (1) As mandated by subdivision (b) of Section 959 of Title 28 of the United States Code, an individual appointed as a trustee in a bankruptcy proceeding described in this section that involves any person or entity holding a controlling interest in a long-term health care facility shall comply with all state licensing and federal certification requirements applicable to the long-term health care facility, including, but not limited to, those governing patient rights, transfer or discharge, and facility closure. The transfer of patients pursuant to the liquidation of a licensed long-term health care facility presents a compelling public health and safety risk, and a trustee shall not be exempted from complying with applicable state law for any reason. (2) If a trustee fails to comply with the state licensing requirements applicable to a long-term health care facility, the department shall report the trustee’s actions to the bankruptcy court and intervene as appropriate to ensure continued facility compliance with those requirements. (Added by Stats. 1998, Ch. 474, Sec. 1. Effective January 1, 1999.)
  26. 1422.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    The department must inspect long-term health care facilities on set schedules, conduct unannounced direct care inspections, and handle certain post-change reviews. Facilities must report administrator or nursing director changes within 10 calendar days.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1422. (a) The Legislature finds and declares that it is the public policy of this state to ensure that long-term health care facilities provide the highest level of care possible. The Legislature further finds that inspections are the most effective means of furthering this policy. It is not the intent of the Legislature by the amendment of subdivision (b) enacted by Chapter 1595 of the Statutes of 1982 to reduce in any way the resources available to the department for inspections, but rather to provide the department with the greatest flexibility to concentrate its resources where they can be most effective. It is the intent of the Legislature to create a survey process that includes state-based survey components and that determines compliance with federal and California requirements for certified long-term health care facilities. It is the further intent of the Legislature to execute this inspection in the form of a single survey process, to the extent that this is possible and permitted under federal law. The inability of the state to conduct a single survey in no way exempts the state from the requirement under this section that state-based components be inspected in long-term health care facilities as required by law. (b) (1) Notwithstanding Section 1279 or any other law, without providing notice of these inspections, the department, in addition to any inspections conducted pursuant to complaints filed pursuant to Section 1419, shall conduct inspections of each skilled nursing facility at least once every 30 months and all other long-term care facilities at least once every 24 months, and as often as necessary to ensure the health, safety, and security of patients in long-term health care facilities. Facilities that have been issued a class “AA,” class “A,” or class “B” citation within the past 12 months shall be inspected annually. The department shall vary the cycle in which inspections of long-term health care facilities are conducted to reduce the predictability of the inspections. (2) Inspections and investigations of long-term health care facilities that are certified by the Medicare Program or the Medicaid program shall determine compliance with federal standards and California statutes and regulations to the extent that California statutes and regulations provide greater protection to residents, or are more precise than federal standards, as determined by the department. Notwithstanding any other law, the department, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may implement, interpret, or make specific this paragraph by means of an All Facilities Letter (AFL) or similar instruction. Prior to issuing an AFL or similar instruction, the department shall consult with interested parties and shall inform the appropriate committees of the Legislature. The department shall also post the AFL or similar instruction on its internet website so that any person may observe which California laws and regulations provide greater protection to its residents or are more precise than federal standards. This subdivision is not intended to change existing statutory or regulatory requirements governing the care provided to long-term health care facility residents. (3) In order to ensure maximum effectiveness of inspections conducted pursuant to this article, the department shall identify all state law standards for the staffing and operation of long-term health care facilities. Costs of the additional survey and inspection activities required by Chapter 895 of the Statutes of 2006 shall be included as Licensing and Certification Program activities for the purposes of calculating fees in accordance with Section 1266. (c) Except as otherwise provided in subdivision (b), the department shall conduct unannounced direct patient care inspections to inspect physician and surgeon services, nursing services, pharmacy services, dietary services, and activity programs of all the long-term health care facilities. Facilities evidencing repeated serious problems in complying with this chapter or a history of poor performance, or both, shall be subject to periodic unannounced direct patient care inspections during the inspection year. The direct patient care inspections shall assist the department in the prioritization of its efforts to correct facility deficiencies. (d) A long-term health care facility shall report to the department any changes in the nursing home administrator or the director of nursing services within 10 calendar days of the changes. (e) Within 90 days after the receipt of notice of a change in the nursing home administrator or the director of nursing services, the department may conduct an abbreviated inspection of the long-term health care facilities. (f) If a change in a nursing home administrator occurs and the Board of Nursing Home Administrators notifies the department that the new administrator is on probation or has had their license suspended within the previous three years, the department shall conduct an abbreviated survey of the long-term health care facility employing that administrator within 90 days of notification. (Amended by Stats. 2022, Ch. 277, Sec. 2. (AB 1907) Effective January 1, 2023.)
  27. 1422.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    The State Department of Public Health must, when feasible, conduct annual licensing inspections of certain long-term care facilities, and its survey teams must include at least one licensed mental health professional unless the inspections are done concurrently. Team members must also receive training on the mental health treatment needs of residents.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1422.1. (a) Notwithstanding Section 1422, the State Department of Public Health shall conduct, when feasible, annual licensing inspections of licensed long-term health care facilities providing special treatment programs for the mentally disordered, concurrently with inspections conducted by the State Department of Health Care Services for the purposes of approving the special treatment program. (b) The State Department of Public Health survey teams conducting inspections pursuant to this section shall include at least one licensed mental health professional if the inspections are not done concurrently pursuant to subdivision (a). (c) Survey team members shall receive training specific to the mental health treatment needs of mentally disordered residents served in these facilities. (Amended by Stats. 2012, Ch. 34, Sec. 15. (SB 1009) Effective June 27, 2012.)
  28. 1422.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    The department must create and run a consumer information system for long-term care facilities, and it must keep residents’ and employees’ personal identifying information confidential.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1422.5. (a) The department shall develop and establish a consumer information service system to provide updated and accurate information to the general public and consumers regarding long-term care facilities in their communities. The consumer information service system shall include, but need not be limited to, all of the following elements: (1) An on-line inquiry system accessible through a statewide toll-free telephone number and the Internet. (2) Long-term health care facility profiles, with data on services provided, a history of all citations and complaints for the last two full survey cycles, and ownership information. The profile for each facility shall include, but not be limited to, all of the following: (A) The name, address, and telephone number of the facility. (B) The number of units or beds in the facility. (C) Whether the facility accepts Medicare or Medi-Cal patients. (D) Whether the facility has a special care unit or program for people with Alzheimer’s disease and other dementias, and whether the facility participates in the voluntary disclosure program for special care units. (E) Whether the facility is a for-profit or not-for-profit provider. (3) Information regarding substantiated complaints shall include the action taken and the date of action. (4) Information regarding the state citations assessed shall include the status of the state citation, including the facility’s plan or correction, and information as to whether an appeal has been filed. (5) Any appeal resolution pertaining to a citation or complaint shall be updated on the file in a timely manner. (b) Where feasible, the department shall interface the consumer information service system with its Automated Certification and Licensure Information Management System. (c) It is the intent of the Legislature that the department, in developing and establishing the system pursuant to subdivision (a), maximize the use of available federal funds. (d) (1) Notwithstanding the consumer information service system established pursuant to subdivision (a), by January 1, 2002, the state department shall develop a method whereby information is provided to the public and consumers on long-term health care facilities. The information provided shall include, but not be limited to, all of the following elements: (A) Substantiated complaints, including the action taken and the date of the action. (B) State citations assessed, including the status of any citation and whether an appeal has been filed. (C) State actions, including license suspensions, revocations, and receiverships. (D) Federal enforcement sanctions imposed, including any denial of payment, temporary management, termination, or civil money penalty of five hundred dollars ($500) or more. (E) Any information or data beneficial to the public and consumers. (2) This subdivision shall become inoperative on July 1, 2003. (e) In implementing this section, the department shall ensure the confidentiality of personal and identifying information of residents and employees and shall not disclose this information through the consumer information service system developed pursuant to this section. (Amended by Stats. 2001, Ch. 685, Sec. 16. Effective January 1, 2002.)
  29. 1422.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    Skilled nursing facilities and intermediate care facilities must post the required notice from Welfare and Institutions Code Section 9718 in at least four conspicuous places in the facility.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1422.6. Each skilled nursing facility and intermediate care facility shall post a copy of the notice required pursuant to Section 9718 of the Welfare and Institutions Code in a conspicuous location in at least four areas of the facility, as follows: (a) One location that is accessible to members of the public. (b) One location that is used for employee breaks. (c) One location that is next to a telephone designated for resident use. (d) One location that is used for communal functions for residents, such as for dining or resident council meetings and activities. (Added by Stats. 2000, Ch. 451, Sec. 22. Effective January 1, 2001.)
  30. 1422.65.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    Certain long-term care facilities must give prospective residents a written admission notice with ombudsman contact details and related website links.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1422.65. (a) Prior to or at the time of admission, a skilled nursing facility, as defined in subdivision (c) of Section 1250, or an intermediate care facility, as defined in subdivision (d) of Section 1250, shall provide to a prospective resident, or the resident’s representative, if any, a written notice, including the telephone number, internet website address, and email address for the local long-term care ombudsman and links to the State Department of Public Health’s licensing and certification internet website, the California Health Facility Information Database (Cal Health Find) page, and to CalLongTermCareCompare.org. The notice also shall state that the ombudsman is intended as a resource for both of the following purposes: (1) Accessing additional information regarding resident care at the facility. (2) Reporting resident care complaints. (b) The notice required by this section is in addition to any other notice a skilled nursing facility or an intermediate care facility is required by law to provide. Notwithstanding paragraph (1) of subdivision (b) of Section 1599.61, the notice may be incorporated into the skilled nursing facility and intermediate care facility standard admission agreement required by Section 1599.61. (Added by Stats. 2022, Ch. 577, Sec. 1. (AB 895) Effective January 1, 2023.)
  31. 1422.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    The state department must give the office copies of inspection reports for long-term health care facilities when requested, and must also give the office copies of all class AA, A, and B citations issued.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1422.7. The state department shall provide the office, as defined in subdivision (c) of Section 9701 of the Welfare and Institutions Code, with copies of inspection reports for long-term health care facilities upon request. The state department shall provide the office with copies of all class “AA,” “A,” and “B” citations issued. (Added by Stats. 1984, Ch. 1632, Sec. 3.)
  32. 1423.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    This section requires prompt notice and citation procedures after a facility violation is found, sets service and content rules for citations, limits repeat citations in some cases, and bars citations for qualifying unusual-occurrence reports.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1423. (a) If upon inspection or investigation the director determines that a nursing facility is in violation of any state or federal law or regulation relating to the operation or maintenance of the facility, or determines that any other long-term health care facility is in violation of any statutory provision or regulation relating to the operation or maintenance of the facility, the director shall promptly, but not later than 24 hours, excluding Saturday, Sunday, and holidays, after the director determines or has reasonable cause to determine that an alleged violation has occurred, issue a notice to correct the violation and of intent to issue a citation to the licensee. Before completing the investigation and making the final determination whether to issue a citation, the department shall hold an exit conference with the licensee to identify the potential for issuing a citation for any violation, discuss investigative findings, and allow the licensee to provide the department with additional information related to the violation. The department shall consider this additional information, in conjunction with information from the inspection or investigation, in determining whether to issue a citation, or whether other action would be appropriate. If the department determines that the violation warrants the issuing of a citation and an exit conference has been completed it shall do either of the following: (1) Recommend the imposition of a federal enforcement remedy or remedies on a nursing facility in accordance with federal law; or (2) (A) Issue a citation pursuant to state licensing laws, and, if the facility is a nursing facility, may recommend the imposition of a federal enforcement remedy. (B) A state citation shall be served upon the licensee within 30 days after completion of the investigation. Service shall be effected either personally or by registered or certified mail. A copy of the citation shall also be sent to each complainant. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the statutory provision, standard, rule, or regulation alleged to have been violated, the particular place or area of the facility in which the violation occurred, as well as the amount of any proposed assessment of a civil penalty. The name of any patient jeopardized by the alleged violation shall not be specified in the citation in order to protect the privacy of the patient. However, at the time the licensee is served with the citation, the licensee shall also be served with a written list of each of the names of the patients alleged to have been jeopardized by the violation, which shall not be subject to disclosure as a public record. The citation shall fix the earliest feasible time for the elimination of the condition constituting the alleged violation, when appropriate. (b) When no harm to patients, residents, or guests has occurred, a single incident, event, or occurrence shall result in no more than one citation for each statute or regulation violated. (c) A citation shall not be issued for a violation that has been reported by the licensee to the department, or its designee, as an “unusual occurrence,” if all of the following conditions are met: (1) The violation has not caused harm to any patient, resident, or guest, or significantly contributed thereto. (2) The licensee has promptly taken reasonable measures to correct the violation and to prevent a recurrence. (3) The unusual occurrence report was the first source of information reported to the department, or its designee, regarding the violation. (Amended by Stats. 2022, Ch. 28, Sec. 83. (SB 1380) Effective January 1, 2023.)
  33. 1423.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    The state department must review certain federal deficiencies, develop a standardized review method, track patterns and quality issues, and provide an annual enforcement summary to the Legislature.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1423.5. (a) The state department shall centrally review federal deficiencies and supporting documentation that may require the termination of certification for a nursing facility. The state department shall develop a standardized methodology for conducting the central review of these deficiencies. The standardized methodology shall assess all of the following: (1) The extent to which the survey team followed established survey protocols. (2) The thoroughness of the investigation or review. (3) The quality of documentation. (4) The consistency in interpreting federal requirements. (b) The state department shall develop a system for tracking patterns and a quality assurance process for preventing, detecting, and correcting inconsistent or poor quality survey practices. (c) (1) On or before December 1 of each year, the state department shall provide to the Legislature a summary of federal and state enforcement actions taken against nursing facilities during the previous state fiscal year. (2) The report summarizing federal and state enforcement actions required under this subdivision shall be combined with the report required under Section 1438 into a single report. The time period for each report shall cover the previous state fiscal year. (Amended by Stats. 2001, Ch. 685, Sec. 17. Effective January 1, 2002.)
  34. 1424.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    This section sets how citations in long-term health care facilities are classified, what facts the department must consider, and the civil penalties and follow-up actions for different violation classes.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1424. Citations issued pursuant to this chapter shall be classified according to the nature of the violation and shall indicate the classification on the face thereof. (a) In determining the amount of the civil penalty, all relevant facts shall be considered, including, but not limited to, the following: (1) The probability and severity of the risk that the violation presents to the resident’s mental and physical condition. (2) The resident’s medical condition. (3) The resident’s mental condition and the resident’s history of mental disability or disorder. (4) The good faith efforts exercised by the facility to prevent the violation from occurring. (5) The licensee’s history of compliance with regulations. (b) Relevant facts considered by the department in determining the amount of the civil penalty shall be documented by the department on an attachment to the citation and available in the public record. This requirement shall not preclude the department or a facility from introducing facts not listed on the citation to support or challenge the amount of the civil penalty in any proceeding set forth in Section 1428. (c) (1) Class “AA” violations are violations that meet the criteria for a class “A” violation and that the department determines to have been a substantial factor in the death of a resident of a long-term health care facility. Except as provided in Section 1424.5, a class “AA” citation is subject to a civil penalty in the amount of not less than five thousand dollars ($5,000) and not exceeding twenty-five thousand dollars ($25,000) for each citation. In any action to enforce a citation issued under this subdivision, the department shall prove all of the following: (A) The violation was a substantial factor in the death of a resident. A substantial factor is more than a remote or trivial factor, but is not required to be the only cause of harm. (B) The death resulted from an occurrence of the nature that the regulation was designed to prevent. (C) The resident suffering the death was among the class of persons for whose protection the regulation was adopted. (2) If the department meets this burden of proof, the licensee shall have the burden of proving that the licensee did what might reasonably be expected of a long-term health care facility licensee, acting under similar circumstances, to comply with the regulation. If the licensee sustains this burden, then the citation shall be dismissed. (3) Except as provided in Section 1424.5, for each class “AA” citation within a 12-month period that has become final, the department shall consider the suspension or revocation of the facility’s license in accordance with Section 1294. For a third or subsequent class “AA” citation in a facility within that 12-month period that has been sustained, the department shall commence action to suspend or revoke the facility’s license in accordance with Section 1294. (d) (1) Class “A” violations are violations that the department determines present either (1) imminent danger that death or serious harm to the residents of the long-term health care facility would result therefrom, or (2) substantial probability that death or serious physical harm to residents of the long-term health care facility would result therefrom. A physical condition or one or more practices, means, methods, or operations in use in a long-term health care facility may constitute a class “A” violation. The condition or practice constituting a class “A” violation shall be abated or eliminated immediately, unless a fixed period of time, as determined by the department, is required for correction. Except as provided in Section 1424.5, a class “A” citation is subject to a civil penalty in an amount not less than one thousand dollars ($1,000) and not exceeding ten thousand dollars ($10,000) for each citation. (2) If the department establishes that a violation occurred, the licensee shall have the burden of proving that the licensee did what might reasonably be expected of a long-term health care facility licensee, acting under similar circumstances, to comply with the regulation. If the licensee sustains this burden, then the citation shall be dismissed. (e) (1) Except as provided in paragraph (4) of subdivision (a) of Section 1424.5, class “B” violations are violations that the department determines have a direct or immediate relationship to the health, safety, or security of long-term health care facility residents, other than class “AA” or “A” violations. Unless otherwise determined by the department to be a class “A” violation pursuant to this chapter and regulations adopted pursuant thereto, a violation of a patient’s rights as set forth in Sections 72527 and 73523 of Title 22 of the California Code of Regulations, that is determined by the department to cause or under circumstances likely to cause significant humiliation, indignity, anxiety, or other emotional trauma to a patient is a class “B” violation. A class “B” citation is subject to a civil penalty in an amount not less than one hundred dollars ($100) and not exceeding one thousand dollars ($1,000) for each citation. A class “B” citation shall specify the time within which the violation is required to be corrected. If the department establishes that a violation occurred, the licensee shall have the burden of proving that the licensee did what might reasonably be expected of a long-term health care facility licensee, acting under similar circumstances, to comply with the regulation. If the licensee sustains this burden, then the citation shall be dismissed. (2) When a citation is issued pursuant to this paragraph, if the department establishes that a violation occurred, the licensee shall have the burden of proving that the licensee did what might reasonably be expected of a long-term health care facility licensee, acting under similar circumstances, to comply with the regulation. If the licensee sustains this burden, then the citation shall be dismissed. (f) (1) A willful material falsification or willful material omission in the health record of a resident of a long-term health care facility is a violation. (2) “Willful material falsification,” as used in this section, means any entry in the resident’s health care record pertaining to the administration of medication, or treatments ordered for the patient, or pertaining to services for the prevention or treatment of pressure ulcers or contractures, or pertaining to tests and measurements of vital signs, or notations of input and output of fluids, that was made with the knowledge that the records falsely reflect the condition of the resident or the care or services provided. (3) As used in this section, “willful material omission” means the willful failure to record any untoward event that has affected the health, safety, or security of the specific resident, and that was omitted with the knowledge that the records falsely reflect the condition of the resident or the care or services provided. (g) Except as provided in subdivision (a) of Section 1424.5, a violation of subdivision (f) may result in a civil penalty not to exceed ten thousand dollars ($10,000), as specified in paragraphs (1) to (3), inclusive. (1) The willful material falsification or willful material omission is subject to a civil penalty of not less than two thousand five hundred dollars ($2,500) or more than ten thousand dollars ($10,000) in instances where the health care record is relied upon by a health care professional to the detriment of a resident by affecting the administration of medications or treatments, the issuance of orders, or the development of plans of care. In all other cases, violations of this subdivision are subject to a civil penalty not exceeding two thousand five hundred dollars ($2,500). (2) (A) When the penalty assessed is one thousand dollars ($1,000) or less, the violation shall be issued and enforced, except as provided in this subdivision, in the same manner as a class “B” violation, and shall include the right of appeal as specified in Section 1428. Where the assessed penalty is in excess of one thousand dollars ($1,000), or for skilled nursing facilities or intermediate care facilities as specified in paragraphs (1) and (2) of subdivision (a) of Section 1418, in excess of two thousand dollars ($2,000), the violation shall be issued and enforced, except as provided in this subdivision, in the same manner as a class “A” violation, and shall include the right of appeal as specified in Section 1428. (B) This section does not change previous law enacted by Chapter 11 of the Statutes of 1985 relative to this paragraph, but is a clarification of existing law. (3) This subdivision does not preclude the department from issuing a class “A” or class “B” citation for any violation that meets the requirements for that citation, regardless of whether the violation also constitutes a violation of this subdivision. However, a single act, omission, or occurrence may not be cited both as a class “A” or class “B” violation and as a violation of this subdivision. (h) When the licensee has failed to post the notices required by Section 9718 of the Welfare and Institutions Code in the manner required under Section 1422.6, the department shall assess the licensee a civil penalty in the amount of one hundred dollars ($100) for each day the failure to post the notices continues. When the total penalty assessed is less than two thousand dollars ($2,000), the violation shall be issued and enforced in the same manner as a class “B” violation, and shall include the right of appeal as specified in Section 1428. When the assessed penalty is equal to or in excess of two thousand dollars ($2,000), the violation shall be issued and enforced in the same manner as a class “A” violation and shall include the right of appeal as specified in Section 1428. Fines collected pursuant to this subdivision shall be used to fund the costs incurred by the California Department of Aging in producing and posting the posters. (i) The director shall prescribe procedures for the issuance of a notice of violation with respect to violations having only a minimal relationship to resident safety or health. (j) The department shall provide a copy of all citations issued under this section to the affected residents whose treatment was the basis for the issuance of the citation, to the affected residents’ designated family member or representative of each of the residents, and to the complainant if the citation was issued as a result of a complaint. (k) This section is not intended to change existing statutory or regulatory requirements governing the ability of a licensee to contest a citation pursuant to Section 1428. (l) The department shall ensure that district office activities performed under Sections 1419 to 1424, inclusive, are consistent with the requirements of these sections and all applicable laws and regulations. To ensure the integrity of these activities, the department shall establish a statewide process for the collection of postsurvey evaluations from affected facilities. (Amended by Stats. 2021, Ch. 458, Sec. 2. (AB 323) Effective January 1, 2022.)
  35. 1424.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    A long-term health facility can avoid a citation for a recorded violation if it keeps a quality assurance log, records the violation promptly, and fixes the problem quickly; the log is generally protected from discovery, with specific exceptions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1424.1. (a) On and after the effective date of this section, no citation shall be issued or sustained under this chapter for a violation of any regulation discovered and recorded by a facility if all of the following conditions have been met: (1) The facility maintains an ongoing quality assurance and patient care audit program, which includes maintenance of a quality assurance log which is made available to the state department at the commencement of each inspection and investigation. The facility shall retain this log for the current year and the preceding three years. (2) The violation was not willful and resulted in no actual harm to any patient or guest. (3) The violation was first discovered by the licensee and was promptly and accurately recorded in the quality assurance log prior to discovery by the state department. (4) Promptly upon discovery, the facility implemented remedial action satisfactory to the state department to correct the violation and prevent a recurrence. If the state department determines that remedial action voluntarily undertaken by the facility is unsatisfactory, the state department shall allow the facility reasonable time to augment the remedial action before the condition shall be deemed to be a violation. (b) Except as otherwise provided in this section, a quality assurance log which meets the criteria of this section shall not be discoverable or admissible in any action against the licensee. The quality assurance log shall be discoverable pursuant to a motion to produce under Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4 of the Code of Civil Procedure and admissible only for purposes of impeachment. However, the court, in a motion pursuant to Section 2025.420 of the Code of Civil Procedure, or at trial or other proceeding, may limit access to those entries which would be admissible for impeachment purposes. (c) The quality assurance log shall be made available upon request to any of the following: (1) Full-time state employees of the Office of the State Long-Term Care Ombudsman. (2) Ombudsman coordinators, as defined in Section 9701 of the Welfare and Institutions Code. (3) Ombudsmen qualified by medical training as defined in Section 9701 of the Welfare and Institutions Code, with the approval of either the State Long-Term Care Ombudsman or ombudsman coordinator. The licensee may make the quality assurance log available, in the licensee’s discretion, to any representative of the Office of the State Long-Term Care Ombudsman, as defined in Section 9701 of the Welfare and Institutions Code, without liability for the disclosure. Each representative of the Office of the State Long-Term Care Ombudsman who has been provided access to a facility’s quality assurance log pursuant to this section shall maintain all disclosures in confidence. (Amended by Stats. 2005, Ch. 294, Sec. 22. Effective January 1, 2006.)
  36. 1424.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    If a penalty is unpaid after appeals are exhausted, the department must notify the licensee provider and certain related parties and may take legal action to recover the amount. The department must also document its recovery assessment and, in some cases, make that documentation public on request.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1424.3. (a) (1) Beginning January 1, 2023, if a licensee provider fails to pay a penalty assessed pursuant to Section 1424.5 or 1425 in full when all appeals have been exhausted and the department’s position has been upheld, the department shall give written notice to the licensee provider and related parties in which the licensee provider has an ownership or control interest of 5 percent or more that the department may take appropriate legal action to recover the unpaid penalty amount from the provider licensee’s financial interest in the related party. If the department determines, after two notifications, that the related parties are not financially viable or recovery is unlikely, the department shall document this determination. The documentation shall include the names of the related parties notified, detailed information on the methods used by the department to make the determination, and a clear justification for the department’s determination. The documentation of the department’s determination and supporting explanation shall be available to the public by request, unless the records are not subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), in which case the department shall provide the reason for not disclosing the records. (2) When a citation is issued under Section 1424, the department shall give initial written notice to related parties of the basis for the citation, and the subsequent disciplinary action that is imminent if the violation is not remedied immediately, up to and including assessment of administrative penalties, for which the related party may be held responsible pursuant to this subdivision. (b) “Related party” has the same meaning as in Section 128734. (Amended by Stats. 2022, Ch. 28, Sec. 84. (SB 1380) Effective January 1, 2023.)
  37. 1424.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    This section sets civil penalties for different citation classes against skilled nursing and intermediate care facilities, and allows a licensee to pay a set amount instead of contesting some citations.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1424.5. (a) In lieu of the fines specified in subdivisions (c), (d), (e), and (g) of Section 1424, fines imposed on skilled nursing facilities or intermediate care facilities, as specified in paragraphs (1) and (2) of subdivision (a) of Section 1418, shall be as follows: (1) A class “AA” citation is subject to a civil penalty in an amount not less than thirty thousand dollars ($30,000) and not exceeding one hundred twenty thousand dollars ($120,000) for each citation. For a second or subsequent class “AA” citation in a skilled nursing facility or intermediate care facility within a 24-month period, the state department shall commence action to suspend or revoke the facility’s license in accordance with Section 1294. (2) A class “A” citation is subject to a civil penalty in an amount not less than three thousand five hundred dollars ($3,500) and not exceeding twenty-five thousand dollars ($25,000) for each citation. A class “A” citation that involved the death of a patient or resident is subject to a civil penalty in an amount not less than fifteen thousand dollars ($15,000) and not exceeding sixty thousand dollars ($60,000). (3) Any “willful material falsification” or “willful material omission,” as those terms are defined in subdivision (f) of Section 1424, in the health record of a resident is subject to a civil penalty in an amount not less than three thousand five hundred dollars ($3,500) and not exceeding twenty-five thousand dollars ($25,000) for each citation. (4) A class “B” citation is subject to a civil penalty in an amount not less than one hundred fifty dollars ($150) and not exceeding three thousand dollars ($3,000). Class “B” violations are violations that the department determines have a direct or immediate relationship to the health, safety, or security of long-term health care facility residents, other than class “AA” or “A” violations. Unless otherwise determined by the department to be a class “A” violation pursuant to this chapter and regulations adopted pursuant thereto, any violation of a patient’s rights as set forth in Sections 72527 and 73523 of Title 22 of the California Code of Regulations, that is determined by the department to cause, or under circumstances to be likely to cause, significant humiliation, indignity, anxiety, or other emotional trauma to a resident is a class “B” violation. A class “B” citation shall specify the time within which the violation is required to be corrected. If the department establishes that a violation occurred, the licensee shall have the burden of proving that the licensee did what might reasonably be expected of a long-term health care facility licensee, acting under similar circumstances, to comply with the regulation. If the licensee sustains this burden, then the citation shall be dismissed. (b) A licensee may, in lieu of contesting a class “AA” or class “A” citation pursuant to Section 1428, transmit to the department, the minimum amount specified by law, or 65 percent of the amount specified in the citation, whichever is greater, for each violation, within 30 business days after the issuance of the citation. (Amended by Stats. 2021, Ch. 458, Sec. 3. (AB 323) Effective January 1, 2022.)
  38. 1424.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    A developmental center that fails to report required incidents is treated as committing a class B violation when the incident occurs in a distinct part long-term health care facility.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1424.6. Failure by a developmental center to report incidents as required under subdivision (a) of Section 4427.5 of the Welfare and Institutions Code shall be deemed a class B violation if the incident occurs in a distinct part long-term health care facility, and shall be subject to the penalties specified in Section 1424.5 for distinct part skilled nursing facilities or distinct part intermediate care facilities, or Section 1424 for other distinct part long-term health care facilities. (Added by Stats. 2013, Ch. 724, Sec. 3. (SB 651) Effective January 1, 2014.)
  39. 1425.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    If a licensee does not correct a cited violation on time, the state department must impose a $50-per-day civil penalty until the deficiency is corrected. A licensee disputing the department’s determination or the proposed correction deadline may request an informal conference and contest it.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1425. Where a licensee has failed to correct a violation within the time specified in the citation, the state department shall assess the licensee a civil penalty in the amount of fifty dollars ($50) for each day that such deficiency continues beyond the date specified for correction. If the licensee disputes a determination by the state department regarding alleged failure to correct a violation or regarding the reasonableness of the proposed deadline for correction, the licensee may request an informal conference and contest such determination. (Amended by Stats. 1980, Ch. 1082.)
  40. 1426.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    The director must publish proposed regulations within 3 months and adopt regulations within 6 months to define class A and B violations, with limits on emergency adoption and on imposing new quality or procedure requirements without added reimbursement in certain cases.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1426. After consultation with industry, professional, and consumer groups affected thereby, but not later than three months after the effective date of this chapter, the director shall publish proposed regulations setting forth the criteria and, where feasible, the specific acts that constitute class “A” and “B” violations under this chapter. Not later than six months after the effective date of this chapter, the director shall adopt regulations setting forth criteria and, where feasible, specific acts constituting class “A” and “B” violations. The regulations shall be adopted as prescribed in Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3 of Title 2 of the Government Code, except that such regulations shall not be adopted as emergency regulations pursuant to subdivision (b) of Section 11421 of the Government Code and shall not mandate a quality of care or new procedures which were not required on January 1, 1974, without providing additional reimbursement if the change in quality of care or the new procedures entail substantial new costs. For purposes of this section, “new costs” shall not include costs which are the direct or indirect consequence of meeting the requirements of the citation system established under this chapter. (Added by Stats. 1973, Ch. 1057.)
  41. 1427.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    If care, treatment, or medication is not recorded in the required health care record, the law presumes it was not provided.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1427. (a) When the administration of medications, treatments, or other care is not recorded, as required by law, in the health care record for a patient of a long-term health care facility, it shall be presumed that the required medication, treatment, or care has not been provided. (b) The presumption established by this section may be rebutted by a licensee only upon a showing of a preponderance of the evidence. (c) This presumption applies to any action against any long-term health care facility which is filed by the state department pursuant to this chapter or Chapter 2 (commencing with Section 1250). In any other action against a long-term health care facility, the court may apply the presumption when the interests of justice requires. (Repealed and added by Stats. 1985, Ch. 11, Sec. 11. Effective March 6, 1985.)
  42. 1428.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    This section sets the steps and deadlines for a licensee to contest certain citations and proposed civil penalties, including appeal, arbitration, payment, and penalty rules.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1428. (a) If the licensee desires to contest a citation or the proposed assessment of a civil penalty therefor, the licensee shall use the processes described in subdivisions (b) and (c) for classes “AA,” “A,” or “B” citations. (b) If a licensee intends to contest a class “AA” or a class “A” citation, the licensee shall inform the director in writing, within 15 business days of the service of the citation of the licensee’s intent to adjudicate the validity of the citation in the superior court in the county in which the long-term health care facility is located. In order to perfect a judicial appeal of a contested citation, a licensee shall file a civil action in the superior court in the county in which the long-term health care facility is located. The action shall be filed no later than 90 calendar days after a licensee notifies the director that he or she intends to contest the citation, and served not later than 90 days after filing. Notwithstanding any other provision of law, a licensee prosecuting a judicial appeal shall file and serve a case management statement pursuant to Rule 212 of the California Rules of Court within six months after the department files its answer in the appeal. Notwithstanding subdivision (d), the court shall dismiss the appeal upon motion of the department if the case management statement is not filed by the licensee within the period specified. The court may affirm, modify, or dismiss the citation, the level of the citation, or the amount of the proposed assessment of the civil penalty. (c) If a licensee desires to contest a class “B” citation, the licensee shall, within 15 working days after service of the citation, notify the director or the director’s designee that he or she wishes to appeal the citation through the procedures set forth in Section 100171 or elects to submit the matter to binding arbitration in accordance with subdivision (d). The administrative law judge may affirm, modify, or dismiss the citation or the proposed assessment of a civil penalty. The licensee may choose to have his or her appeal heard by the administrative law judge or submit the matter to binding arbitration by notifying the director in writing within 15 business days of the service of the citation. (d) If a licensee is dissatisfied with the decision of the administrative law judge, the licensee may, in lieu of seeking judicial review of the decision as provided in Section 1094.5 of the Code of Civil Procedure, elect to submit the matter to binding arbitration by filing, within 60 days of its receipt of the decision, a request for arbitration with the American Arbitration Association. The parties shall agree upon an arbitrator designated from the American Arbitration Association in accordance with the association’s established rules and procedures. The arbitration hearing shall be set within 45 days of the election to arbitrate, but in no event less than 28 days from the date of selection of an arbitrator. The arbitration hearing may be continued up to 15 additional days if necessary at the arbitrator’s discretion. Except as otherwise specifically provided in this subdivision, the arbitration hearing shall be conducted in accordance with the American Arbitration Association’s established rules and procedures. The arbitrator shall determine whether the licensee violated the regulation or regulations cited by the department, and whether the citation meets the criteria established in Sections 1423 and 1424. If the arbitrator determines that the licensee has violated the regulation or regulations cited by the department, and that the class of the citation should be upheld, the proposed assessment of a civil penalty shall be affirmed, subject to the limitations established in Section 1424. The licensee and the department shall each bear its respective portion of the cost of arbitration. A resident, or his or her designated representative, or both, may make an oral or written statement regarding the citation, at any arbitration hearing to which the matter has been submitted. (e) If an appeal is prosecuted under this section, including an appeal taken in accordance with Section 100171, the department shall have the burden of establishing by a preponderance of the evidence that (1) the alleged violation did occur, (2) the alleged violation met the criteria for the class of citation alleged, and (3) the assessed penalty was appropriate. The department shall also have the burden of establishing by a preponderance of the evidence that the assessment of a civil penalty should be upheld. If a licensee appeals a contested citation or the assessment of a civil penalty, no civil penalty shall be due and payable unless and until the appeal is terminated in favor of the department. (f) In assessing the civil penalty for a violation, all relevant facts shall be considered, including, but not limited to, all of the following: (1) The probability and severity of the risk which the violation presents to the patient’s or resident’s mental and physical condition. (2) The patient’s or resident’s medical condition. (3) The patient’s or resident’s mental condition and his or her history of mental disability. (4) The good faith efforts exercised by the facility to prevent the violation from occurring. (5) The licensee’s history of compliance with regulations. (g) Except as otherwise provided in this subdivision, an assessment of civil penalties for a class “A” or class “B” violation shall be trebled and collected for a second and subsequent violation for which a citation of the same class was issued within any 12-month period. Trebling shall occur only if the first citation issued within the 12-month period was issued in the same class, a civil penalty was assessed, and a plan of correction was submitted for the previous same-class violation occurring within the period, without regard to whether the action to enforce the previous citation has become final. However, the increment to the civil penalty required by this subdivision shall not be due and payable unless and until the previous action has terminated in favor of the department. If the class “B” citation is issued for a patient’s rights violation, as defined in subdivision (e) of Section 1424, it shall not be trebled unless the department determines the violation has a direct or immediate relationship to the health, safety, security, or welfare of long-term health care facility residents. (h) The director shall prescribe procedures for the issuance of a notice of violation with respect to violations having only a minimal relationship to safety or health. (i) Actions brought under this chapter shall be set for trial at the earliest possible date and shall take precedence on the court calendar over all other cases except matters to which equal or superior precedence is specifically granted by law. Times for responsive pleading and for hearing the proceeding shall be set by the judge of the court with the object of securing a decision as to subject matters at the earliest possible time. (j) If the citation is dismissed, the department shall take action immediately to ensure that the public records reflect in a prominent manner that the citation was dismissed. (k) Penalties paid on violations under this chapter shall be applied against the department’s accounts to offset any costs incurred by the state pursuant to this chapter. Any costs or penalties assessed pursuant to this chapter shall be paid within 30 days of the date the decision becomes final. If a facility does not comply with this requirement, the state department shall withhold any payment under the Medi-Cal program until the debt is satisfied. No payment shall be withheld if the department determines that it would cause undue hardship to the facility or to patients or residents of the facility. (l) The amendments made to subdivisions (a) and (c) of this section by Chapter 84 of the Statutes of 1988, to extend the number of days allowed for the provision of notification to the director, do not affect the right, that is also contained in those amendments, to request judicial relief from these time limits. (m) If a licensee exercises its right to a citation review conference prior to January 1, 2012, the citation review conference and all notices, reviews, and appeals thereof shall be conducted pursuant to this section as it read on December 31, 2011. (Amended by Stats. 2011, Ch. 729, Sec. 5. (AB 641) Effective January 1, 2012.)
  43. 1428.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    A licensee may pay the specified amount to the state department instead of contesting a citation, if the payment is made within 15 business days after the citation is issued and the subdivision (b) exception does not apply.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1428.1. Except as provided in subdivision (b) of Section 1424.5, a licensee may, in lieu of contesting a citation pursuant to Section 1428, transmit to the state department the minimum amount specified by law, or 65 percent of the amount specified in the citation, whichever is greater, for each violation within 15 business days after the issuance of the citation. (Amended by Stats. 2001, Ch. 685, Sec. 19. Effective January 1, 2002.)
  44. 1428.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    An appealed class A or class AA citation issued to a long-term health care facility expires if the Attorney General does not file an action in court within one year after the facility tells the State Department of Public Health it intends to contest the citation.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1428.2. In the case of a class “A” or class “AA” citation issued to a long-term health care facility which is appealed, the citation shall expire and have no further legal effect, if the Attorney General has not filed an action in the court of competent jurisdiction, within one year from the date the facility notifies the State Department of Public Health of its intent to contest the citation in court. (Amended by Stats. 2011, Ch. 729, Sec. 6. (AB 641) Effective January 1, 2012.)
  45. 1429.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    Long-term health facilities must post certain citations and notices, while licensees must retain and make available final class B citations.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1429. (a) Each class “AA” and class “A” citation specified in subdivisions (c) and (d) of Section 1424 that is issued, or a copy or copies thereof, shall be prominently posted for 120 days. The citation or copy shall be posted in a place or places in plain view of the patients or residents in the long-term health care facility, persons visiting those patients or residents, and persons who inquire about placement in the facility. (1) The citation shall be posted in at least the following locations in the facility: (A) An area accessible and visible to members of the public. (B) An area used for employee breaks. (C) An area used by residents for communal functions, such as dining, resident council meetings, or activities. (2) The citation, along with a cover sheet, shall be posted on a white or light-colored sheet of paper, at least 81/2 by 11 inches in size, that includes all of the following information: (A) The full name of the facility, in a clear and easily readable font in at least 28-point type. (B) The full address of the facility, in a clear and easily readable font in at least 20-point type. (C) Whether the citation is class “AA” or class “A.” (3) The facility may post the plan of correction. (4) The facility may post a statement disputing the citation or a statement showing the appeal status, or both. (5) The facility may remove and discontinue the posting required by this section if the citation is withdrawn or dismissed by the department. (b) Each class “B” citation specified in subdivision (e) of Section 1424 that is issued pursuant to this section and that has become final, or a copy or copies thereof, shall be retained by the licensee at the facility cited until the violation is corrected to the satisfaction of the department. Each citation shall be made promptly available by the licensee for inspection or examination by any member of the public who so requests. In addition, every licensee shall post in a place or places in plain view of the patient or resident in the long-term health care facility, persons visiting those patients or residents, and persons who inquire about placement in the facility, a prominent notice informing those persons that copies of all final uncorrected citations issued by the department to the facility will be made promptly available by the licensee for inspection by any person who so requests. (c) A violation of this section shall constitute a class “B” violation, and shall be subject to a civil penalty in the amount of one thousand dollars ($1,000), as provided in subdivision (e) of Section 1424. Notwithstanding Section 1290, a violation of this section shall not constitute a crime. Fines imposed pursuant to this section shall be deposited into the State Health Facilities Citation Penalties Account, created pursuant to Section 1417.2. (Amended by Stats. 2011, Ch. 729, Sec. 7. (AB 641) Effective January 1, 2012.)
  46. 1429.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    Certain long-term care facilities must give written notice to residents, responsible parties, legal representatives, and admission applicants when specified sanctions are imposed.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1429.1. (a) If a long-term health care facility licensed as a skilled nursing facility or an intermediate care facility, as defined in paragraphs (1) and (2) of subdivision (a) of Section 1418, has one or more of the following remedies actually imposed for violation of state or federal requirements, the facility shall provide written notification of the action to each resident, the resident’s responsible party and legal representative, and all applicants for admission to the facility: (1) Termination of the facility’s provider agreement to participate in the Medicare program, medicaid program, or both programs. (2) Denial of Medicare or medicaid payment for new admissions to the facility. (3) Denial by the Health Care Financing Administration of Medicare or medicaid payment for all individuals in the facility. (4) A ban on admissions, of any type. (b) A violation of the requirements of this section shall be a class “B” violation. (Added by Stats. 2000, Ch. 451, Sec. 28. Effective January 1, 2001.)
  47. 1430.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    This section allows enforcement actions, civil suits, and damages against a licensee for certain violations, and lets residents or patients sue for violations of specified rights.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1430. (a) Except when the state department has taken action and the violations have been corrected to its satisfaction, a licensee who commits a class “A” or “B” violation may be enjoined from permitting the violation to continue or may be sued for civil damages within a court of competent jurisdiction. An action for injunction or civil damages, or both, may be prosecuted by the Attorney General in the name of the people of the State of California upon the Attorney General’s own complaint or upon the complaint of a board, officer, person, corporation, or association, or by a person acting for the interests of itself, its members, or the general public. The amount of civil damages that may be recovered in an action brought pursuant to this section may not exceed the maximum amount of civil penalties that could be assessed on account of the violation or violations. (b) (1) A current or former resident or patient, or the legal representative, personal representative, or successor in interest of a current or former resident or patient, of a skilled nursing facility, as defined in subdivision (c) of Section 1250, or intermediate care facility, as defined in subdivision (d) of Section 1250, may bring a civil action against the licensee of a facility who violates any rights of the resident or patient as set forth in Section 72527 or 73523 of Title 22 of the California Code of Regulations, or any other right provided for by federal or state law or regulation. The suit shall be brought in a court of competent jurisdiction. The licensee shall be liable for the acts of the licensee’s employees. (A) For violations that occurred prior to March 1, 2021, the licensee shall be liable for up to five hundred dollars ($500) and for costs and attorney’s fees, and may be enjoined from permitting the violation or violations to continue. (B) For violations that occur on or after March 1, 2021, the licensee shall be liable for up to five hundred dollars ($500) for each violation, and for costs and attorney’s fees, and may be enjoined from permitting the violation or violations to continue. (C) An agreement by a resident or patient of a skilled nursing facility or intermediate care facility to waive that resident’s or patient’s rights to sue pursuant to this subdivision is void as contrary to public policy. (2) In assessing the amount of the statutory damages to be awarded under this subdivision, the following factors shall be considered: (A) The nature and seriousness of each violation. (B) The likelihood and severity of the risk that each violation would cause a resident to suffer indignity, discomfort, or pain. (C) The efforts made by the facility to prevent each violation from occurring or to prevent future violations. (c) The remedies specified in this section are in addition to any other remedy provided by law. (Amended by Stats. 2021, Ch. 471, Sec. 1. (AB 849) Effective January 1, 2022.)
  48. 1431.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    It is a misdemeanor to willfully interfere with a duly authorized state department representative doing enforcement work, examining relevant books or records, or preserving evidence under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1431. It is a misdemeanor for any person to do any of the following: (a) Willfully prevent, interfere with, or attempt to impede in any way the work of any duly authorized representative of the state department in the lawful enforcement of any provision of this chapter. (b) Willfully prevent or attempt to prevent any such representative from examining any relevant books or records in the conduct of his official duties under this chapter. (c) Willfully prevent or interfere with any such representative in the preserving of evidence of any violation of any of the provisions of this chapter or of the rules and regulations promulgated under this chapter. (Added by Stats. 1973, Ch. 1057.)
  49. 1432.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    Long-term health care facilities must post a notice about inspection requests and retaliation, and licensees may not discriminate or retaliate against complainants, patients, or employees for filing or helping with complaints or government investigations.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1432. (a) No licensee shall discriminate or retaliate in any manner against any complainant, or any patient or employee in its long-term health care facility, on the basis or for the reason that the complainant, patient, employee, or any other person has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any governmental entity relating to care, services, or conditions at that facility. A licensee who violates this section is subject to a civil penalty of no more than ten thousand dollars ($10,000), to be assessed by the director and collected in the manner provided in Section 1430. (b) Any attempt to expel a patient from a long-term health care facility, or any type of discriminatory treatment of a patient by whom, or upon whose behalf, a grievance or complaint has been submitted, directly or indirectly, to any governmental entity or received by a long-term health care facility administrator or any proceeding instituted under or related to this chapter within 180 days of the filing of the complaint or the institution of the action, shall raise a rebuttable presumption that the action was taken by the licensee in retaliation for the filing of the complaint. (c) Any attempt to terminate the employment, or other discriminatory treatment, of any employee who has presented a grievance or complaint or has initiated, participated, or cooperated in any investigation or proceeding of any governmental entity as specified in subdivision (a), and where the facility or licensee had knowledge of the employee’s initiation, participation, or cooperation, shall raise a rebuttable presumption that the action was taken by the licensee in retaliation if it occurs within 120 days of the filing of the grievance or complaint, or the institution of the action. (d) Presumptions provided for in subdivisions (b) and (c) shall be presumptions affecting the burden of producing evidence as provided in Section 603 of the Evidence Code. (e) Where the civil penalty assessed is one thousand dollars ($1,000) or less, the violation shall be issued and enforced in the same manner as a class “B” violation, except in no case shall the penalty be trebled. Where the civil penalty assessed is in excess of one thousand dollars ($1,000), the violation shall be issued and enforced in the same manner as a class “A” violation, except in no case shall the penalty be trebled. (f) Any person who willfully violates this section is guilty of an infraction punishable by a fine of not more than ten thousand dollars ($10,000). (g) A licensee who violates this section is subject to a civil penalty or a criminal fine, but not both. (h) Each long-term health care facility shall prominently post in a facility location accessible to staff, patients, and visitors written notice of the right to request an inspection pursuant to Section 1419, the procedure for doing so, including the right to remain anonymous, and the prohibition against retaliation. (i) For purposes of this section, “complainant” means any person who has filed a complaint, as defined in Section 1420. (Amended by Stats. 2001, Ch. 685, Sec. 20. Effective January 1, 2002.)
  50. 1432.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    A licensee cannot be cited for a violation caused by an independent medical practitioner if the licensee exercised reasonable care and diligence to notify the practitioner of duties to patients in the facility.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1432.1. No licensee shall be cited for any violation caused by any person licensed pursuant to the Medical Practice Act (Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code) if the person is independent of, and not connected with, the licensee and the licensee shows that he or she has exercised reasonable care and diligence in notifying these persons of their duty to the patients in the licensee’s long-term health care facility. (Added by Stats. 1984, Ch. 1631, Sec. 6.)
  51. 1433.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    The remedies under this chapter are cumulative and do not limit other remedies or further relief available by law.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1433. The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party, and no judgment under this chapter shall preclude any party from obtaining additional relief based upon the same facts. (Added by Stats. 1973, Ch. 1057.)
  52. 1434.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    The state department must annually notify certain public agencies about nearby long-term health care facilities with no recent class A or B violations, public agencies must prioritize those facilities for publicly assisted patients, and public agencies may not refer patients to facilities with uncorrected class A violations or at least five uncorrected class B violations unless the director exempts them.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1434. Commencing in 1974, the state department shall, on or before February 1 of each year, notify all public agencies which refer patients to long-term health care facilities of all of the long-term health care facilities in the area found upon inspection within the previous 12-month period to be without class “A” or “B” violations. Public agencies shall give priority to such long-term health care facilities in referring publicly assisted patients. No public agency shall refer patients to long-term health care facilities with any uncorrected class “A” violations or five or more uncorrected class “B” violations, except those long-term health care facilities which the director may exempt because of a lack of facilities of the same type in the area sufficient to satisfy the demand for services provided by such type of facilities. (Added by Stats. 1973, Ch. 1057.)
  53. 1436.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    The state department must provide ongoing training for inspectors by July 1, 1974, covering investigative techniques and quality-of-care standards for long-term health care facilities.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1436. On or before July 1, 1974, the state department shall provide for additional and ongoing training for inspectors charged with implementation of this chapter in investigative techniques and standards relating to the quality of care provided by long-term health care facilities. The investigative-technique element of such training shall be adopted after consultation with the Department of Justice and such investigative training may, but need not, be provided through a contract with the Department of Justice. (Added by Stats. 1973, Ch. 1057.)
  54. 1437.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    This section lets the state department provisionally license certain health facilities, requires inspection and possible renewal or conversion to a regular license, and limits the department from using weaker criteria than for permanent licenses.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1437. If a health facility, or an applicant for a license has not been previously licensed pursuant to Chapter 2 (commencing with Section 1250), the state department may only provisionally license the facility as provided in this section. A provisional license to operate a health facility shall terminate six months from the date of issuance. Within 30 days of the termination of a provisional license, the state department shall give the facility a full and complete inspection, and, if the facility meets all applicable requirements for licensure, a regular license shall be issued. If the health facility does not meet the requirements for licensure but has made substantial progress towards meeting the requirements, as determined by the state department, the initial provisional license shall be renewed for six months. If the state department determines that there has not been substantial progress towards meeting licensure requirements at the time of the first full inspection provided by this section, or, if the state department determines upon its inspection made within 30 days of the termination of a renewed provisional license that there is lack of full compliance with the requirements, no further license shall be issued. If an applicant for a provisional license to operate a health facility has been denied provisional licensing by the state department, he or she may contest the denial by filing a request for a hearing pursuant to Section 100171. The department shall not apply less stringent criteria when granting a provisional license pursuant to this section than it applies when granting a permanent license. General acute care hospitals and acute psychiatric hospitals are exempt from this section. (Amended by Stats. 1997, Ch. 220, Sec. 17. Effective August 4, 1997.)
  55. 1437.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    The department may replace a facility’s regular license with a provisional license in specified circumstances, must inspect before provisional expiration, and must give notice and hearing rights when denying restoration of the regular license.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1437.5. (a) If a facility is certified to participate in the federal Medicare program as a skilled nursing facility under Title XVIII of the Social Security Act, in the medicaid program as a nursing facility under Title XIX of the Social Security Act, or in both and any of the following occurs, the state department may rescind its regular license to operate and issue a provisional license under Section 1437: (1) The facility’s provider agreement is terminated, by the federal government or the department. (2) A temporary manager is appointed, under federal law, to operate it. (3) Payment becomes due on a federal civil money penalty of seven thousand dollars ($7,000) per day, or greater, imposed on it. (4) A federal civil monetary penalty of any amount is imposed and has continued for a period of 30 days or more. (5) A federal civil monetary penalty of any amount is imposed and has accrued in an amount equal to, or greater than, thirty-five thousand dollars ($35,000). (b) The state department may not take action pursuant to subdivision (a) until a final administrative decision is issued if the facility has requested a hearing pursuant to federal law, until a facility has waived its right to a hearing under federal law, or until the time for requesting a hearing under federal law has expired and a hearing request was not received by federal authorities. (c) If a receiver or temporary manager is appointed to operate a skilled nursing facility or an intermediate care facility, specified in paragraphs (1) and (2) of subdivision (a) of Section 1418, pursuant to state law, or as otherwise specified in regulations adopted by the department, the state department may rescind its regular license to operate and issue a provisional license under this section. (d) (1) A provisional license issued pursuant to this section shall terminate six months from the date of issuance unless extended by the department. (2) At least 30 days prior to the termination of a provisional license, the department shall give the facility a full and complete inspection. Beginning January 1, 2023, the department shall provide written notice to related parties described in subdivision (a) of Section 1424.3, of the outcome of the inspection and the possible outcomes set forth in this paragraph. If, at the time of the inspection, it is determined that the facility meets all applicable requirements for licensure, a regular license shall be restored. If, at the time of the inspection, it is determined that the facility does not meet the requirements for licensure, but the facility has made substantial progress towards meeting the requirements, as determined by the department, the provisional license shall be renewed for six months. If, at the time of the first inspection, the department determines that there has not been substantial progress towards meeting the requirements for licensure, or, if at any subsequent inspection the department determines that there has not been substantial progress towards meeting requirements identified at the most recent previous inspection, a regular license shall not be issued. (e) The facility may request a hearing in writing within 10 days of the receipt of notice from the department denying a regular license under this section. The provisional license shall remain in effect during the pendency of the hearing. The hearing shall be held in accordance with Section 100171. The hearing officer shall uphold the denial of a regular license if the department proves, by a preponderance of the evidence, that the licensee did not meet the requirements for licensure. (Amended by Stats. 2021, Ch. 475, Sec. 4. (AB 1042) Effective January 1, 2022.)
  56. 1438.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    The state department must review the enforcement system’s effectiveness and report to the Legislature on enforcement activities by December 1, 2001, and annually after that.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1438. The state department shall review the effectiveness of the enforcement system in maintaining the quality of care provided by long-term health care facilities and shall submit a report thereon to the Legislature on enforcement activities, on or before December 1, 2001, and annually thereafter, together with any recommendations of the state department for additional legislation which it deems necessary to improve the effectiveness of the enforcement system or to enhance the quality of care provided by long-term health care facilities. This report shall be combined with the report required under Section 1423.5 into a single report. The time period for each report shall cover the previous state fiscal year. (Amended by Stats. 2001, Ch. 685, Sec. 22. Effective January 1, 2002.)
  57. 1439.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    Records held by the state department in connection with this chapter are public records open to inspection, but personal names in those records must be deleted before public copies are provided, except for certain authorized department officers, employees, or agents involved in complaint-related investigations or inspections.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1439. Any writing received, owned, used, or retained by the state department in connection with the provisions of this chapter is a public record within the meaning of Section 7920.530 of the Government Code, and, as a public record, is open to public inspection pursuant to Sections 7922.500 to 7922.545, inclusive, 7923.000, and 7923.005 of the Government Code. However, the names of any persons contained in those records, except the names of duly authorized officers, employees, or agents of the state department conducting an investigation or inspection in response to a complaint filed pursuant to this chapter, shall not be open to public inspection and copies of the records provided for public inspection shall have those names deleted. (Amended by Stats. 2021, Ch. 615, Sec. 233. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  58. 1439.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    Long-term health care facilities must provide residents with an activity program, and each resident’s patient activity plan must be reviewed and approved in writing at least quarterly by the attending physician.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1439.2. Every long-term health care facility shall provide an activity program to the residents of the facility to meet the needs and interests of the residents and to encourage self-care and resumption of normal activities, in accordance with a patient activity plan developed by the facility including, but not limited to, self-help skills, such as personal hygiene, care of personal effects and living environment, nutrition, management of bedside medications of nonprescription drugs, management of petty funds for personal use, and cooperative relations with peers and staff to help keep them closer to the reality of their environment. The patient activity plan of each individual shall be reviewed and approved in writing at least quarterly by the attending physician as not being in conflict with the patient’s treatment plan. (Added by Stats. 1984, Ch. 1029, Sec. 1.)
  59. 1439.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    The state department must develop and maintain an automated information system and a consumer information system, use the information it produces when possible, seek maximum federal funding, and present the consumer system to the Health Care Advisory Committee before implementation.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1439.5. (a) The state department shall undertake the immediate development, implementation, and maintenance of an automated information system. The automated information system shall be developed to ensure both of the following: (1) The most effective operation of this chapter and Chapter 2 (commencing with Section 1250), including, but not limited to, all of the following: (A) Gathering data necessary to maximize enforcement and monitoring capabilities. (B) Increasing accessibility of facility information. (C) Identifying any trends of substandard care. (D) Providing management information. (2) The provision of information to the general public pursuant to subdivision (b). The state department shall take all necessary action to obtain maximum federal funding assistance to develop, implement, and maintain an automated information system. (b) The state department shall develop a consumer information system, pursuant to Section 1422.5, to provide information to the general public and long-term health care services consumers regarding long-term health care facilities in this state. The state department shall utilize, to the extent possible, the information provided by its automated information system. Prior to implementation, the consumer information system shall be presented to the Health Care Advisory Committee for its review and comments. (Added by Stats. 1985, Ch. 11, Sec. 14. Effective March 6, 1985.)
  60. 1439.50.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.45. Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights [1439.50 - 1439.54] ( Chapter 2.45 added by Stats. 2017, Ch. 483, Sec. 3. )

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    This section defines terms used in the chapter about LGBT long-term care facility residents’ rights.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.45. Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights [1439.50 - 1439.54] ( Chapter 2.45 added by Stats. 2017, Ch. 483, Sec. 3. ) ## 1439.50. For the purposes of this chapter, the following definitions shall apply: (a) “Gender expression” has the same meaning as defined in Section 51 of the Civil Code. (b) “Gender identity” means a person’s identity based on the individual’s stated gender identity, without regard to whether the self-identified gender accords with the individual’s physical appearance, surgical history, genitalia, legal sex, sex assigned at birth, or name and sex, as it appears in medical records, and without regard to any contrary statement by any other person, including a family member, conservator, or legal representative. An individual who lacks the present ability to communicate his or her gender identity shall retain the gender identity most recently expressed by that individual. (c) “Gender-nonconforming” means a person whose gender expression does not conform to stereotypical expectations of how a man or woman should appear or act. (d) “LGBT” means lesbian, gay, bisexual, or transgender. (e) “Long-term care facility” or “facility” includes facilities listed in Section 1418 of this code and subdivision (b) of Section 9701 of the Welfare and Institutions Code. (f) “Long-term care facility staff” or “facility staff” means all individuals employed by or contracted directly with the facility. (g) “Resident” means a resident or patient of a long-term care facility. (h) “Transgender” means a person whose gender identity differs from the person’s assigned or presumed sex at birth. (i) “Transition” means to undergo a process by which a person changes physical sex characteristics or gender expression to match the person’s inner sense of being male or female. This process may include, among other things, a name change, a change in preferred pronouns, and a change in social gender expression, as indicated by hairstyle, clothing, and restroom use. Transition may or may not include hormone use and surgery. (Added by Stats. 2017, Ch. 483, Sec. 3. (SB 219) Effective January 1, 2018.)
  61. 1439.51.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.45. Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights [1439.50 - 1439.54] ( Chapter 2.45 added by Stats. 2017, Ch. 483, Sec. 3. )

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    A long-term care facility and its staff must not discriminate against residents on the basis of actual or perceived sexual orientation, gender identity, gender expression, or HIV status, and each facility must post a specified nondiscrimination notice.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.45. Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights [1439.50 - 1439.54] ( Chapter 2.45 added by Stats. 2017, Ch. 483, Sec. 3. ) ## 1439.51. (a) Except as provided in subdivision (b), it shall be unlawful for a long-term care facility or facility staff to take any of the following actions wholly or partially on the basis of a person’s actual or perceived sexual orientation, gender identity, gender expression, or human immunodeficiency virus (HIV) status: (1) Deny admission to a long-term care facility, transfer or refuse to transfer a resident within a facility or to another facility, or discharge or evict a resident from a facility. (2) Deny a request by residents to share a room. (3) Where rooms are assigned by gender, assigning, reassigning, or refusing to assign a room to a transgender resident other than in accordance with the transgender resident’s gender identity, unless at the transgender resident’s request. (4) Prohibit a resident from using, or harass a resident who seeks to use or does use, a restroom available to other persons of the same gender identity, regardless of whether the resident is making a gender transition or appears to be gender-nonconforming. Harassment includes, but is not limited to, requiring a resident to show identity documents in order to gain entrance to a restroom available to other persons of the same gender identity. (5) Willfully and repeatedly fail to use a resident’s preferred name or pronouns after being clearly informed of the preferred name or pronouns. (6) Deny a resident the right to wear or be dressed in clothing, accessories, or cosmetics that are permitted for any other resident. (7) Restrict a resident’s right to associate with other residents or with visitors, including the right to consensual sexual relations, unless the restriction is uniformly applied to all residents in a nondiscriminatory manner. This section does not preclude a facility from banning or restricting sexual relations, as long as the ban or restriction is applied uniformly and in a nondiscriminatory manner. (8) Deny or restrict medical or nonmedical care that is appropriate to a resident’s organs and bodily needs, or provide medical or nonmedical care in a manner that, to a similarly situated reasonable person, unduly demeans the resident’s dignity or causes avoidable discomfort. (b) This section shall not apply to the extent that it is incompatible with any professionally reasonable clinical judgment. (c) Each facility shall post the following notice alongside its current nondiscrimination policy in all places and on all materials where that policy is posted: “[Name of facility] does not discriminate and does not permit discrimination, including, but not limited to, bullying, abuse, or harassment, on the basis of actual or perceived sexual orientation, gender identity, gender expression, or HIV status, or based on association with another individual on account of that individual’s actual or perceived sexual orientation, gender identity, gender expression, or HIV status. You may file a complaint with the Office of the State Long-Term Care Ombudsman [provide contact information] if you believe that you have experienced this kind of discrimination.” (Added by Stats. 2017, Ch. 483, Sec. 3. (SB 219) Effective January 1, 2018.)
  62. 1439.52.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.45. Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights [1439.50 - 1439.54] ( Chapter 2.45 added by Stats. 2017, Ch. 483, Sec. 3. )

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    A facility must use recordkeeping procedures for admission records that include each resident’s gender identity, correct name, and pronoun as indicated by the resident.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.45. Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights [1439.50 - 1439.54] ( Chapter 2.45 added by Stats. 2017, Ch. 483, Sec. 3. ) ## 1439.52. A facility shall employ procedures for recordkeeping, including, but not limited to, records generated at the time of admission, that include the gender identity, correct name, as indicated by the resident, and pronoun of each resident, as indicated by the resident. (Added by Stats. 2017, Ch. 483, Sec. 3. (SB 219) Effective January 1, 2018.)
  63. 1439.53.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.45. Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights [1439.50 - 1439.54] ( Chapter 2.45 added by Stats. 2017, Ch. 483, Sec. 3. )

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    Long-term care facilities must protect residents’ sensitive identity and health information, limit accidental disclosure, provide bodily privacy, and let residents refuse non-therapeutic observation or treatment.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.45. Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights [1439.50 - 1439.54] ( Chapter 2.45 added by Stats. 2017, Ch. 483, Sec. 3. ) ## 1439.53. (a) Long-term care facilities shall protect personally identifiable information regarding residents’ sexual orientation, whether a resident is transgender, a resident’s transition history, and HIV status from unauthorized disclosure, as required by the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg), if applicable, the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), if applicable, regulations promulgated thereunder, if applicable, and any other applicable provision of federal or state law. A facility shall take any steps reasonably necessary to minimize the likelihood of inadvertent or incidental disclosure of that information to other residents, visitors, or facility staff, except to the minimum extent necessary for facility staff to perform their duties. (b) Long-term care facility staff not directly involved in providing direct care to a resident, including, but not limited to, a transgender or gender-nonconforming resident, shall not be present during physical examination or the provision of personal care to that resident if the resident is partially or fully unclothed without the express permission of that resident, or his or her legally authorized representative or responsible party. A facility shall use doors, curtains, screens, or other effective visual barriers to provide bodily privacy for all residents, including, but not limited to, transgender or gender-nonconforming residents, whenever they are partially or fully unclothed. In addition, all residents, including, but not limited to, LGBT residents, shall be informed of and have the right to refuse to be examined, observed, or treated by any facility staff when the primary purpose is educational or informational rather than therapeutic, or for resident appraisal or reappraisal, and that refusal shall not diminish the resident’s access to care for the primary purpose of diagnosis or treatment. (Added by Stats. 2017, Ch. 483, Sec. 3. (SB 219) Effective January 1, 2018.)
  64. 1439.54.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.45. Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights [1439.50 - 1439.54] ( Chapter 2.45 added by Stats. 2017, Ch. 483, Sec. 3. )

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    A violation of this chapter is treated as a violation under certain other chapters.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.45. Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights [1439.50 - 1439.54] ( Chapter 2.45 added by Stats. 2017, Ch. 483, Sec. 3. ) ## 1439.54. A violation of this chapter shall be treated as a violation under Chapter 2 (commencing with Section 1250), Chapter 2.4 (commencing with Section 1417), or Chapter 3.2 (commencing with Section 1569). (Added by Stats. 2017, Ch. 483, Sec. 3. (SB 219) Effective January 1, 2018.)
  65. 1439.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    A long-term health care facility must give the local ombudsman notice copies and provide specified transfer/discharge documents to the resident or representative within set time limits, with a class B violation for late notice.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1439.6. (a) Except as provided in subdivision (b), if a resident is notified in writing of a facility-initiated transfer or discharge from a long-term health care facility, the facility shall also send a copy of the notice to the local long-term care ombudsman at the same time notice is provided to the resident or the resident’s representative. (b) If a resident is subject to a facility-initiated transfer to a general acute care hospital on an emergency basis, the facility shall provide a copy of the notice to the ombudsman as soon as practicable. (c) The copy of the notice shall be sent by fax machine or email, as may be directed by the local long-term care ombudsman, unless the facility does not have fax or email capability, in which case the copy of the notice shall be sent by first-class mail, postage prepaid. A facility’s failure to timely send a copy of the notice shall constitute a class B violation, as defined in subdivision (e) of Section 1424. (d) For the purposes of this section, a “facility-initiated transfer or discharge” is a transfer or discharge that is initiated by the facility and not by the resident, whether or not the resident agrees to the facility’s decision. (e) Within 48 hours of giving the written notice of a facility-initiated transfer or discharge, the facility shall provide to the resident and, if applicable, the resident’s representative a copy of both of the following: (1) The evaluation of the resident’s discharge needs and discharge plan as required by federal law and regulations or the most current discharge care plan. (2) In the case of the transfer or discharge being necessary for the resident’s welfare because the resident’s needs cannot be met in the facility, all of the following information if the following information is not included in the most current discharge care plan: (A) A written description of the specific resident’s needs that cannot be met. (B) Facility attempts to meet the resident’s needs. (C) The services available at the receiving facility that meet the resident’s needs. (f) Prior to the proposed transfer or discharge date, the facility shall provide to the resident and, if applicable, the resident’s representative a copy of the resident’s discharge summary. (g) Any documents provided to the resident and, if applicable, the resident’s representative pursuant to this section shall be at no cost to the resident and, if applicable, the resident’s representative. (h) The documents described in subdivisions (e) and (f) do not have to be provided to the resident and, if applicable, the resident’s representative if the resident or the resident’s representative request that the documents not be provided or if no discharge is proposed. (i) If a transfer or discharge appeal hearing is requested by the resident or, if applicable, the resident’s representative, the facility shall provide to the resident or the resident’s representative the opportunity to examine, at a reasonable time before the date of the hearing, absent exigent circumstances, and during the hearing, all documents and records to be used by the facility at the hearing. The resident or, if applicable, the resident’s representative shall provide to the facility the opportunity to examine, at a reasonable time before the date of the hearing, absent exigent circumstances, and during the hearing, all documents and records to be used by the resident or, if applicable, the resident’s representative at the hearing. (j) The provisions of this section are intended to be consistent with federal law and regulations. (Amended by Stats. 2023, Ch. 835, Sec. 1. (AB 1309) Effective January 1, 2024.)
  66. 1439.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    A Medi-Cal long-term health care facility may transfer or seek to evict a resident within 90 days of admission only if specified conditions are met, and it must promptly notify the state department and the Long-Term Care Ombudsman before doing so.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1439.7. Notwithstanding Section 14124.7 of the Welfare and Institutions Code, a long-term health care facility participating as a provider under the Medi-Cal program may transfer or seek to evict a resident, within 90 days of admission, if all of the following conditions are met: (a) The facility requests specific information regarding the assets and liabilities of a prospective private-pay resident prior to acceptance of the resident into the facility. (b) The facility relies on the information provided pursuant to subdivision (a) in deciding to admit the resident. (c) The facility promptly and diligently investigates the representation regarding the resident’s assets and liabilities, and discovers that the resident’s financial assets and liabilities are materially different than represented. (d) The 90-day limit on transfer or eviction shall not apply if, in fact, the resident fraudulently misrepresented his or her assets and liabilities so that if the material facts were known at the time by the facility the resident would not have been admitted, and the facility could not have discovered the misrepresentation with the exercise of reasonable diligence. (e) In no event, shall the facility take action to transfer or evict a resident under subdivision (d) unless the action is initiated within 18 months of the date of admission. (f) A facility shall promptly notify the state department and the Office of the Long-Term Care Ombudsman as defined in subdivision (c) of Section 9701 of the Welfare and Institutions Code, prior to taking action to transfer or evict a resident under this section. (Added by Stats. 1985, Ch. 11, Sec. 15. Effective March 6, 1985.)
  67. 1439.8.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    Long-term health care facilities must tell admission applicants or their representatives, before admission and both orally and in writing, whether the facility participates in Medi-Cal and when involuntary transfer of a Medi-Cal recipient is allowed.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1439.8. Every long-term health care facility shall reveal to applicants for admission, or their designated representatives, orally and in writing, and prior to admission, whether the facility participates in the Medi-Cal program, and the circumstances under which the law permits a Medi-Cal recipient to be transferred involuntarily. (Added by Stats. 1985, Ch. 11, Sec. 16. Effective March 6, 1985.)
  68. 1439.9.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. )

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    Certain skilled nursing facilities participating in Medi-Cal must publicly post or provide their current daily resident census and nurse staffing data.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.4. Quality of Long-Term Health Facilities [1417 - 1439.9] ( Chapter 2.4 added by Stats. 1973, Ch. 1057. ) ## 1439.9. (a) A skilled nursing facility, as defined in subdivision (c) of Section 1250, participating as a provider under the Medi-Cal program shall make publicly available its current daily resident census and nurse staffing data by meeting either of the following conditions: (1) The facility posts on its internet website the facility’s current daily resident census and nurse staffing data. (2) Upon request by telephone, the facility meets one or both of the following, based on the preference of the requester: (A) Within 24 hours of the request, the facility provides the facility’s current daily resident census and nurse staffing data to the requester verbally by means of telephone. (B) Within two business days of the request, the facility provides the facility’s current daily resident census and nurse staffing data to the requester in writing by means of email. To comply with a request to provide current daily resident census and nurse staffing data by means of email, the facility may email a photograph of its posted current daily resident census and nurse staffing data. (b) For purposes of this section, “current daily resident census” and “nurse staffing data” mean the data required to be posted by the facility pursuant to Section 483.35(g) of Title 42 of the Code of Federal Regulations corresponding to a given day in the case of paragraph (1) of subdivision (a), or corresponding to the day a request is made in the case of paragraph (2) of subdivision (a). (c) This section shall not be construed as precluding the provision of any information by a skilled nursing facility otherwise required by state or federal law, including, but not limited to, Section 483.35 of Title 42 of the Code of Federal Regulations. (d) A violation of this section is exempt from Sections 1290 and 1431. (e) (1) The Legislature hereby finds and declares that the estimated cost of complying with this section is de minimis and therefore the requirements imposed by this section shall not be reimbursable as a new state mandate pursuant to Article 3.8 (commencing with Section 14126) of this chapter or any other Medi-Cal ratesetting provisions of any law, regulation, or the California Medicaid State Plan. (2) In the event of a final judicial determination made by any state or federal court that is not appealed, or by a court of appellate jurisdiction that is not further appealed, in any action by any party or a final determination by the administrator of the Centers for Medicare and Medicaid Services, that reimbursement by the Medi-Cal program to long-term health care facilities for costs associated with this section is required by state or federal law or regulation, this section shall become operative only upon appropriation by the Legislature. (Added by Stats. 2024, Ch. 339, Sec. 1. (SB 1354) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.)
  69. 1440.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    In this chapter, “board” means the board of supervisors of a county.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1440. As used in this chapter the term “board” means the board of supervisors of a county. (Added by Stats. 1961, Ch. 1993.)
  70. 1441.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    County boards of supervisors may establish and run a county hospital and manage related staffing, rules, membership, and dues payments.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1441. The board of supervisors in each county may establish and maintain a county hospital, prescribe rules for the government and management thereof, appoint a county physician and other necessary officers and employees thereof, who shall hold office during the pleasure of the board and authorize said hospital to be a member of and maintain membership in any local, state or national group or association organized and operated for the promotion of the public health and welfare or the advancement of the efficiency of hospital administration and in connection therewith to use tax funds for the payment of dues and fees. (Added by Stats. 1961, Ch. 1993.)
  71. 1441.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    A county hospital staff officer is not treated as financially interested in certain hospital contracts if the officer abstains, discloses the relationship, and the board acts without the officer and in good faith.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1441.5. (a) A member of a county hospital’s medical or allied health professional staff who is an officer of the board of supervisors, or of a board or commission appointed by the board of supervisors for the operation of a county hospital shall not be deemed to be “financially interested,” for purposes of Section 1090 of the Government Code, in any of the contracts set forth in subdivision (b) made by any county body or board of which the officer is a member if all of the following conditions are satisfied: (1) The officer abstains from any participation in the making of the contract. (2) The officer’s relationship to the contract is disclosed to the body or board and noted in its official records. (3) If the requirements of paragraphs (1) and (2) are satisfied, the body or board does both of the following, without any participation by the officer: (A) Finds that the contract is fair to the county hospital and in its best interest. (B) Authorizes the contract in good faith. (b) Subdivision (a) shall apply to the following contracts: (1) A contract between the county hospital and the officer for the officer to provide professional services to the hospital’s patients, employees, or medical staff members and their respective dependents, provided that similar contracts exist with other staff members and the amounts payable under the contract are no greater than the amounts payable under similar contracts covering the same or similar services. (2) A contract to provide services to covered persons between the county hospital and any insurance company, health care service plan, employer, or other entity which provides health care coverage, and which also has a contract with the officer to provide professional services to its covered persons. (3) A contract in which the county hospital and the officer are both parties if other members of the county hospital’s medical or allied health professional staff are also parties, directly or through their professional corporations or other practice entities, provided the officer is offered terms no more favorable than those offered any other party who is a member of the county hospital’s medical or allied health professional staff. (c) This section does not permit an otherwise prohibited individual to be a member of the board of supervisors or any committee or commission thereof. Nothing in this section shall authorize a contract that would otherwise be prohibited by Section 2400 of the Business and Professions Code. (d) For purposes of this section, a contract entered into by a professional corporation or other practice entity in which the officer has an interest shall be deemed the same as a contract entered into by the officer directly. (Added by Stats. 1996, Ch. 447, Sec. 2. Effective January 1, 1997.)
  72. 1442.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    Before a county facility is closed, reduced, leased, sold, or transferred, the board must give public notice and hold hearings; the county must keep providing care to indigent people.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1442.5. (a) Prior to (1) closing , (2) eliminating or reducing the level of medical services provided by, or (3) the leasing, selling, or transfer of management of, a county facility, the board shall provide public notice, including notice posted at the entrance to all county health care facilities, of public hearings to be held by the board prior to its decision to proceed. The notice shall be posted not less than 14 days prior to the public hearings. The notice shall contain a list of the proposed reductions or changes, by facility and service. The notice shall include the amount and type of each proposed change, the expected savings, and the number of persons affected. (b) Notwithstanding the board’s closing of, the elimination of or reduction in the level of services provided by, or the leasing, selling, or transfer of management of, a county facility subsequent to January 1, 1975, the county shall fulfill its duty to provide care to all indigent people, either directly through county facilities or indirectly through alternative means. (1) Where the county duty is fulfilled by a contractual arrangement with a private facility or individual, the facility or individual shall assume the county’s full obligation to provide care to those who cannot afford it, and make their services available to Medi-Cal and Medicare recipients. (2) Where the county duty is fulfilled by alternative means, the facility or individual providing services shall be in compliance with Sections 441.18 and 1277. (3) The board shall designate an agency to provide a 24-hour information service that can give eligible people immediate information on the available services and access to them, and an agency to receive and respond to complaints from people eligible for services under this chapter. The designated agency may be the agency that operates the facility. This subdivision applies only in instances in which there is (1) a closing of, (2) an elimination or reduction in the level of services provided by, or (3) the leasing, selling, or transfer of, a county facility. (4) The board shall arrange for all facilities or individuals contracting to provide services to indigent people to be listed in the local telephone directory under county listings, and shall specify therein that the facilities or individuals fulfill the obligations of county facilities. (5) Section 25371 of the Government Code does not relieve the county of the obligation to comply with this section. (Amended by Stats. 1999, Ch. 83, Sec. 101. Effective January 1, 2000.)
  73. 1443.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    The board may arrange transportation for needy sick persons to and from hospitals, and may arrange transportation for indigents to other counties or states if the stated conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1443. The board may provide for transporting the needy sick to and from hospitals to which they may be sent by authority of the board, and may provide for transporting indigents to other counties or states when such indigents will thereby cease to become public charges, or when friends or relatives of such indigents agree to assume the cost and expense of the care and maintenance of such indigents, or when such indigents are legally public charges in the places to which they are so transported. (Added by Stats. 1961, Ch. 1993.)
  74. 1444.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    County boards of supervisors in counties or city and counties with 1 million or more residents may buy ambulances, run ambulance services, and set service rules. If a county ambulance service exists, injured or seriously ill people may be taken to any available hospital; indigent riders are charged to the county, while non-indigent riders must reimburse the county at a board-adopted rate of at least actual cost.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1444. The board of supervisors in each county or city and county, having a population of one million or more, may purchase ambulances, establish and maintain an ambulance service, and prescribe rules for the government and management thereof. In any county where such a service has been established, any person who has been injured in an accident or is ill and in need of immediate transportation to a hospital may be taken to any available hospital. If he is indigent and unable to pay for the service, the cost shall be a proper charge against the county. If he is not indigent, he shall reimburse the county for the cost of transportation, which shall be in accordance with a schedule to be adopted by the board, and in no case less than the actual cost. (Added by Stats. 1961, Ch. 1993.)
  75. 1444.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    When a county hospital requests an ambulance transfer for an unstable mental health patient with a history of assaultive behavior, the hospital director or designee must tell ambulance personnel about the patient’s instability and possible assaultiveness.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1444.6. If a county hospital requests an ambulance to transfer a mental health patient who is unstable and has a history of being assaultive to another facility, notwithstanding any other provision of law, the director of the hospital or a designee shall inform the ambulance personnel of the instability and potential assaultiveness of the mental health patient. The county hospital shall establish procedures as are necessary to assure that the notification required by this section is given in appropriate cases and to assure that these notifications are documented. (Added by Stats. 1987, Ch. 928, Sec. 1.)
  76. 1445.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    County boards of supervisors may provide care, health services, supplies, and funding for indigent or needy residents, and counties may help meet local health needs if able.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1445. Under such limitations and restrictions as are prescribed by law, and in addition to jurisdiction and powers otherwise conferred, the boards of supervisors in each county may provide for the care and maintenance of the indigent sick or dependent poor of the county, and may provide medical and dental care and health services and supplies to persons in need thereof who are unable to provide the same for themselves, and for these purposes may levy the necessary taxes. Each county may, insofar as it is able to do so, provide the means to meet promptly and adequately the health needs of the indigent sick, the aged, and the poor, for the better prevention of serious illness and incapacity, to the end that such persons will not become public charges at the greater expense of those resources set aside for the public health and welfare. (Added by Stats. 1961, Ch. 1993.)
  77. 1446.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    A person is eligible for care only if they are a resident of the state and county where the care is furnished, unless this chapter provides otherwise.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1446. Except as otherwise provided in this chapter, a person, in order to be eligible for care, shall be a resident of the state and county wherein care is furnished as defined in Chapter 2 (commencing with Section 17100) of Part 5 of Division 9 of the Welfare and Institutions Code. (Amended by Stats. 1974, Ch. 545.)
  78. 1447.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    The responsible county must provide necessary hospital or medical care, or both, to otherwise qualified people receiving public assistance.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1447. Notwithstanding any other provisions of the Welfare and Institutions Code, the county which is responsible for the payment of public assistance to any person or group of persons under Chapter 2 (commencing with Section 11200), Chapter 3 (commencing with Section 12000), or Chapter 4 (commencing with Section 12500) of Part 3 of Division 9 of that code, and the needy relative in the case of aid to needy children, shall provide the necessary hospital or medical care, or both, if otherwise qualified for that care. If a recipient of public assistance moves from one county to another county within this state to make his or her home, the county to which the recipient removes shall become responsible for providing medical or hospital care or both upon notification by the first county that the recipient has moved to the second county for the purpose of making his or her home in that county, provided that the recipient is otherwise qualified for the care, except that he or she need not meet the residence qualifications set forth in Section 17105 of the Welfare and Institutions Code. (Amended by Stats. 1985, Ch. 106, Sec. 81.)
  79. 1451.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    The board generally may not contract out care, maintenance, or attendance for the indigent sick or dependent poor, but it may arrange hospital services in listed cases. The county may also contract for certain care and health services in specified circumstances.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1451. (a) Except as otherwise provided in this section, the board shall not let the care, maintenance, or attendance of the indigent sick or dependent poor by contract to any person. (b) The board may secure for the indigent sick, and other persons admissible to the county hospital, at an agreed rate, hospital service, or any portion thereof, from any public or private hospital, clinic, rest home, sanitarium, or other suitable facility, or from any corporation formed under Section 9201 of the Corporations Code or under Chapter 11A (commencing with Section 11491) of Part 2of Division 2 of the Insurance Code that operates in the state, in the following cases: (1) Cases of unusual difficulty. (2) Cases that require treatment, or hospital services, or the use of facilities not immediately available in the county hospital. (3) Cases requiring emergency care or continued treatment after the emergency has ceased to exist. (c) As used in this section, “hospital service” includes medical, surgical, radiological, laboratory, nursing service, convalescent care, and the furnishing of the necessary professional personnel, equipment, and facilities to manage the needs of patients on a continuing basis in accordance with accepted medical standards, with a staff of professional nursing personnel who are assigned and available under a clear and definite responsibility to the institution rendering the service for the provision of services to the patients, and any other care, service, or supplies that may be necessary for the treatment of the sick or injured. (d) The county may also contract with licensed boarding homes for 24-hour care for dependent children under the age of 18 years when suitable facilities are not otherwise available in any institution or establishment maintained and operated by the county. (e) The county may also contract for medical treatment of persons admissible to the county hospital with any licensed physician and surgeon, or a corporation operating under Section 9201 of the Corporations Code. (f) The county may also contract for health care services when the board determines that the hospital services or any portion thereof rendered by the county hospital should be coordinated with those provided by any other source. (Amended by Stats. 2006, Ch. 538, Sec. 356. Effective January 1, 2007.)
  80. 1451.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    The board may authorize payment for certain out-of-state care for an indigent county resident if the care is an emergency or is cheaper than transporting the person to a comparable facility in this State.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1451.5. The board may authorize payment for care provided, on or after January 1, 1962, to an indigent resident of the county in a hospital or medical facility located in another state, where that care is provided in an emergency or can be secured at a lesser expense than would be the case were the person to be transported to a comparable facility in this State. (Added by Stats. 1963, Ch. 2167.)
  81. 1452.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    County hospital patients’ voluntary deposits may go into a Hospital Trust Fund, and any unneeded amount must be refunded when the patient is discharged.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1452. The board of supervisors of counties of the 20th class and 40th to 58th class, inclusive, in connection with the administration of a county hospital may establish in the county treasury a special fund to be known as the “Hospital Trust Fund,” into which may be placed deposits made voluntarily by patients entering such hospital. At the time of any patient’s dismissal from a county hospital, there shall be refunded to him, upon the order of the business manager or other person designated by the board of supervisors, such portion of the deposit made voluntarily by the patient at the time of his entrance into the hospital as was unneeded for his care while confined therein. The portion earned by the hospital shall be transferred to the hospital fund in the county treasury. Upon presentation of an order for refund under this section, the county auditor shall draw his warrant on the Hospital Trust Fund, and the county treasurer shall pay the amount due thereon. If no refund is made within 30 days after the patient’s discharge, the patient may file a claim against the county pursuant to Article 1 of Chapter 4 of Division 3 of Title 3 of the Government Code. (Added by Stats. 1961, Ch. 1993.)
  82. 1453.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    A county board of supervisors may create a patients’ personal deposit fund for a county hospital, and hospital staff must deposit and refund patient money under the section’s rules.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1453. The board of supervisors of any county in connection with the administration of any county hospital may establish in the county treasury a special fund to be known as the “patients’ personal deposit fund.” When such fund is established, any patient in the hospital may request the superintendent thereof to deposit in the fund any moneys belonging to the patient. Upon any such request by any patient any moneys belonging to the patient shall be deposited in the name of that patient in the patients’ personal deposit fund, except that if a guardian or conservator of the estate is appointed for the patient, then the guardian or conservator shall have the right to demand and receive such moneys or to withdraw either in whole or in part the moneys theretofore deposited in the fund in the name of the patient. Any of the funds belonging to a patient deposited in the patients’ personal deposit fund may be used for the purchase of personal incidentals for the patient or otherwise used for the personal needs and benefits of the patient upon his request. At the time of the discharge from the hospital of any patient there shall be refunded to him upon the order of the superintendent the balance of any moneys standing to the credit of the patient in the fund. Prior to the time of the discharge of any patient, upon the demand of the patient there shall be refunded to him upon the order of the superintendent the whole or any portion of the balance of any moneys standing to the credit of the patient in the fund. Upon such demand of the patient, or upon the discharge of the patient from the hospital, or upon the demand of the guardian or conservator of the estate of the patient, the superintendent shall order the refund to the patient or the payment to such guardian or conservator as hereinbefore provided. (Amended by Stats. 1979, Ch. 730.)
  83. 1454.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    A county hospital must admit an expectant mother who cannot afford necessary care, and her maintenance and care costs must be paid by her county of residence.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1454. In any county where a county hospital has been established, any expectant mother who is unable to pay for her necessary care shall be admitted to the county hospital, and the cost of her maintenance and care shall be a proper charge against and shall be paid by the county of her residence. (Added by Stats. 1961, Ch. 1993.)
  84. 1455.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    The board must appoint one or more suitable medical graduates to attend indigent sick or dependent poor in county hospitals and almshouses.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1455. The board shall appoint a suitable graduate, or graduates, in medicine to attend such indigent sick or dependent poor in the county hospitals and almshouses. (Added by Stats. 1961, Ch. 1993.)
  85. 1456.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    A county board of supervisors may create a hospital and safety commission by ordinance if the county maintains a county hospital, and the commission serves only in the advisory role and under ordinance-based rules.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1456. (a) In the interest of public health and safety the board of supervisors of any county which maintains a county hospital may by ordinance establish a hospital and safety commission. The commission shall be advisory to the board of supervisors. (b) The commission shall exercise such powers and perform such duties relating to the administration of the county hospital as shall be prescribed by the ordinance. The commission shall further exercise such powers and perform such duties as shall be prescribed by the ordinance and which may include the following: 1. To promote safety among all county officers and employees and to develop a program of accident prevention. 2. To investigate all industrial, vehicular and all other accidents to county personnel and county equipment, including privately owned equipment operated by county personnel under contract with the county. 3. To hold hearings in the course of such investigation and to report to the board of supervisors upon all accidents reported to and investigated by the commission. 4. To recommend to the board of supervisors safety rules and regulations promoting the health and safety of all county officers and employees and agents in the prosecution of their office or employment and their use of all equipment in the course of their duties as such officers, employees, and agents. (c) The commission shall be appointed by the board of supervisors. No person holding any elective office shall be appointed to the commission. Members of the commission shall be residents of the county. Members shall be appointed in the manner prescribed by the ordinance and shall serve for such term as is prescribed therein; subject, however, to the power of the board of supervisors to remove any member of the commission at any time by three-fifths vote of the board. (d) The members of the commission shall serve with or without compensation as prescribed by the ordinance. (e) Members of the commission may, when and if so provided in the ordinance, receive actual and necessary expenses in traveling from their place of residence to the place of meeting of the commission, and return, and such expenses shall be a proper charge upon the county; provided, however, that in no event shall any charge be made upon the county for any expense incurred by any member for any meal eaten at any meeting of the commission. (f) Meetings of the commission shall be held in accord with the provisions of Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code. (g) The provisions of Section 54954 of the Government Code notwithstanding, any meeting of the commission shall be held only in a public building of the county and within the county in which such commission is established. (h) The ordinance establishing the commission shall specifically prescribe the following: (1) The name of the commission; (2) The functions and duties thereof; (3) Number of members, method of appointment and term of members; (4) A statement of whether or not payment of compensation to members of the commission is authorized and, if authorized, a statement of the amount of such compensation and the maximum number of meetings of the commission in any one calendar month for which such compensation may be paid; (5) A statement of whether or not traveling expenses are authorized and, if authorized, a statement of the rate which will be allowed for mileage. (6) Subject to the limitations prescribed by this section, such ordinance may contain such additional provisions as the board of supervisors may deem expedient for the proper administration of the affairs of the commission. (i) Any ordinance of any county establishing a hospital or a safety commission enacted prior to the effective date of this section is hereby validated, provided that the provisions of the ordinance substantially comply with the limitations and authorizations set forth in this section; provided expressly, however, that any such hospital or safety commission created by ordinance enacted prior to the effective date of this section shall cease to exist at the close of the 60th day following the effective date of this section, and no hospital or safety commission established by any such ordinance, or established in any other manner whatever, shall continue to exist or function thereafter in any county unless and until such hospital or safety commission is established by ordinance under the provisions of this section. (Amended by Stats. 1976, Ch. 799.)
  86. 1457.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    County hospitals must keep records prescribed by the State Department of Health Services, and those records must be preserved and maintained unless destruction is authorized under the stated conditions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1457. (a) The State Department of Health Services, with the advice of the State Department of Social Services, shall prescribe the records to be kept by county hospitals of persons received into or discharged from these institutions, including, but not limited to, records for the admission and processing of county hospital patients. (b) The records shall be preserved and maintained pursuant to regulations adopted by the department, or at the request of the county physician or other person in charge of the county hospital, the board of supervisors of the county may authorize the destruction of any record, paper, or document prescribed by the department following compliance with the conditions prescribed in Section 26205 of the Government Code. (c) (1) Notwithstanding any other provision of law, those records of a hospital, or any other county medical facility, subject to this chapter that reveal the rates of payment for health care services rendered by or purchased by the hospital or other medical facility, or the deliberative processes, discussions, communications, or any other portion or aspect of the negotiations leading to those payment rates, shall not be considered public records subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), nor shall they be subject to public disclosure pursuant to any other law requiring the disclosure of records, for a period of three years following execution of a related contract establishing rates of payment. (2) Notwithstanding paragraph (1), public disclosure or nondisclosure of records relating to any matters or activities connected with selective provider contracts entered into pursuant to Article 2.6 (commencing with Section 14081) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code shall be determined pursuant to Article 2.6 (commencing with Section 14081) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code and Section 7926.220 of the Government Code, and other applicable provisions of Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 234. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  87. 1458.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

    Verify source ↗

    The board may provide a farm connected to the county hospital or almshouse, and may make rules for operating it.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1458. The board may provide a farm in connection with the county hospital or almshouse and may make regulations for working the same. (Added by Stats. 1965, Ch. 1784.)
  88. 1459.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    County hospitals and their medical staff may not require special nonmedical qualifications for a sterilization operation for contraceptive purposes.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1459. No county hospital which permits sterilization operations for contraceptive purposes to be performed therein, nor the medical staff of such hospital, shall require the individual upon whom such a sterilization operation is to be performed to meet any special nonmedical qualifications, which are not imposed on individuals seeking other types of operations in the hospital. Such prohibited nonmedical qualifications shall include, but not be limited to, age, marital status, and number of natural children. Nothing in this section shall prohibit requirements relating to the physical or mental condition of the individual or affect the right of the attending physician to counsel or advise his patient as to whether or not sterilization is appropriate. This section shall not affect existing law with respect to individuals below the age of majority. (Added by Stats. 1972, Ch. 1425.)
  89. 1460.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    A county board of supervisors may create scholarship programs for certain health care training, must administer the program and adopt needed rules, and must cancel or require repayment of scholarships depending on post-licensure county facility employment.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1460. (a) Upon a determination and establishment of the need to recruit and retain registered nurses, licensed vocational nurses, X-ray technicians, laboratory technologists, and other health care professionals, the board of supervisors of a county may establish nursing or health care professional scholarships. For purposes of this section, “health care professional” shall not include a physician and surgeon. (b) The board of supervisors, or a designee of the board, shall administer the scholarship program for students participating in a nurse or health care professional training program and shall adopt such rules and regulations as are reasonably necessary to carry out the provisions of this section. (c) Scholarships made pursuant to this section, shall be repayable to the board of supervisors or canceled under the following conditions: (1) A graduate nurse or health care professional who maintains employment in a county-operated health facility for less than one year after becoming licensed shall repay the scholarship in addition to accrued interest charges. The scholarships shall be repayable to the board of supervisors under the terms specified in the agreement. (2) The total amount of the scholarship and all accrued interest shall be canceled for a graduate nurse or graduate health care professional who maintains employment in a county-operated facility for more than a year from the date of licensure and may be canceled under any other conditions established by rules and regulations adopted by the board of supervisors. For the purposes of this section, one year of employment in a county-operated health facility shall be deemed to have lapsed one year from the date the licensed nurse or health care professional presents proof, in writing, to the board of supervisors, or designee of the board, that he or she is licensed and is employed in a county-operated health facility. (d) In addition to the principal amount of the scholarship, interest shall accrue on the principal at a rate to be established by the board of supervisors. Interest shall accrue from the date the scholarship is made until it is repaid unless the scholarship is canceled pursuant to paragraph (2) of subdivision (c). (Amended by Stats. 1989, Ch. 326, Sec. 3.)
  90. 1461.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    A hospital board may hold certain audit or quality-assurance hearing matters in closed session, but an affected applicant or medical staff member may ask for a public hearing.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1461. Notwithstanding any other provisions of law, the board of directors of any hospital subject to this chapter may order that any hearings on the reports of hospital medical audit or quality assurance committees be held in closed session. An applicant or medical staff member whose staff privileges are the direct subject of a hearing may request a public hearing. Deliberations of the board of directors in connection with matters pertaining to these hearings may be held in closed session. (Added by Stats. 1993, Ch. 1137, Sec. 21. Effective January 1, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 1137.)
  91. 1462.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. )

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    Hospital board meetings must generally be open to the public, but a board may hold a closed session for discussion or deliberation of reports involving hospital trade secrets.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 1. Administration [1440 - 1462] ( Article 1 added by Stats. 1961, Ch. 1993. ) ## 1462. (a) Except as provided in this section or Section 1461, all of the sessions of the board of directors of any hospital subject to this chapter, whether regular or special, shall be open to the public. (b) The board of directors may order that a meeting held solely for the purpose of discussion or deliberation, or both, of reports involving hospital trade secrets to be held in closed session. Except as provided in this subdivision, the closed session shall meet all applicable requirements of Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code. (c) “Hospital trade secrets,” as used in this section, means a “trade secret,” as defined in subdivision (d) of Section 3426.1 of the Civil Code, and which meets both of the following: (1) Is necessary to initiate a new hospital service or program or add a hospital facility. (2) Would, if prematurely disclosed, create a substantial probability of depriving the hospital of substantial economic benefit. (d) The exemption provided in subdivision (b) to the general open meeting requirements for a meeting of the board of directors, shall not apply to a meeting where there is action taken, as defined in Section 54952.6 of the Government Code. (e) Nothing in this section shall be construed to permit the board of directors to order a closed meeting for the purposes of discussing or deliberating, or to permit the discussion or deliberation in any closed meeting of, any proposals regarding: (1) The sale, conversion, contract for management, or leasing of any county hospital or the assets thereof, to any for-profit or not-for-profit entity, agency, association, organization, governmental body, person, partnership, corporation, or other district. (2) The conversion of any county hospital to any other form of ownership by the county. (3) The dissolution of the county hospital. (Added by Stats. 1995, Ch. 529, Sec. 13. Effective October 4, 1995.)
  92. 1473.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 2. Liability for Cost of Care [1473 - 1475] ( Article 2 added by Stats. 1961, Ch. 1993. )

    Verify source ↗

    County boards may set county hospital rates, direct county officers to collect unpaid amounts, and adjust or compromise charges in specified hardship or collection-failure situations.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 2. Liability for Cost of Care [1473 - 1475] ( Article 2 added by Stats. 1961, Ch. 1993. ) ## 1473. The board of supervisors in each county may fix the rates to be charged patients admitted to any county hospital and may direct any county officer to collect the amounts due the county for hospitalization and medical care. In fixing and collecting hospital charges the board may exercise all the powers conferred by Chapter 5 (commencing with Section 17400) of Part 5 of Division 9 of the Welfare and Institutions Code. The board, or such county officer as it may authorize or designate, may adjust or compromise hospital charges for any of the following reasons: (a) The patient, his estate, or legally responsible relatives are unable to pay the charges. (b) Collection of the charges is barred by the statute of limitations or is otherwise legally uncollectible. (c) The cost of administering a collection procedure would exceed the amount of revenue which might reasonably be anticipated would be recovered. (d) Neither the patient nor his legally responsible relatives can be located. The amendments to this section enacted by the Legislature at the 1973–74 Regular Session shall not be construed to require that any county adopt standards of indigency or requirements of reimbursement more stringent than those in use by such county immediately prior to the effective date of such amendments. For the purposes of this chapter responsible relative is defined in Section 17300 of the Welfare and Institutions Code. (Amended by Stats. 1976, Ch. 162.)
  93. 1474.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 2. Liability for Cost of Care [1473 - 1475] ( Article 2 added by Stats. 1961, Ch. 1993. )

    Verify source ↗

    When collecting charges for care under this chapter, the board may use the powers given in another code chapter.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 2. Liability for Cost of Care [1473 - 1475] ( Article 2 added by Stats. 1961, Ch. 1993. ) ## 1474. In collecting charges for care rendered under this chapter, the board may exercise all powers provided in Chapter 5 (commencing with Section 17400) of Part 5 of Division 9 of the Welfare and Institutions Code, as enacted and as it may be amended thereafter. (Amended by Stats. 1974, Ch. 545.)
  94. 1475.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 2. Liability for Cost of Care [1473 - 1475] ( Article 2 added by Stats. 1961, Ch. 1993. )

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    Counties must pay for treatment of their indigent residents at another county’s hospital unless there is a reciprocal agreement, and the treating county must notify the resident’s county within 10 days after admission.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 2. Liability for Cost of Care [1473 - 1475] ( Article 2 added by Stats. 1961, Ch. 1993. ) ## 1475. Unless there exists a reciprocal agreement relating to the expense of medical care and treatment, it shall be the duty of every county to pay for the expense of treatment of its indigent residents furnished by the county hospital of any other county. As a condition of liability, the county providing such medical and hospital care shall, not more than ten (10) days after admission, give notice to the county of residence. (Added by Stats. 1961, Ch. 1993.)
  95. 14825.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Organization [14825 - 14833] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    Fire companies in unincorporated towns and incorporated cities may be organized by filing a signed certificate with the specified local authority.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Organization [14825 - 14833] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 14825. (a) Fire companies in unincorporated towns may be organized by filing a certificate signed by the foreman or presiding officer and by the secretary, with the Fire and Rescue Operational Area Coordinator in the same county, or other county agency as designated by ordinance of the county board of supervisors. (b) Fire companies in incorporated cities may be organized, subject to any local ordinance established pursuant to Section 14832, by filing a certificate signed by the foreman or presiding officer and by the secretary, with the city council or other agency as designated by ordinance of the city council and with the Fire and Rescue Operational Area Coordinator in the same county as the city. (Amended by Stats. 2008, Ch. 65, Sec. 1. Effective January 1, 2009.)
  96. 14826.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Organization [14825 - 14833] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A fire company certificate must list specified organizational details and records.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Organization [14825 - 14833] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 14826. The certificate shall set forth the following matters: (a) The date of organization. (b) The name of the company. (c) The names of the officers. (d) The roll of active volunteer firefighters and those volunteer firefighters on leave. (e) Where an ordinance has been adopted pursuant to Section 14831, a copy of the determination of the board of supervisors pursuant to Section 14831. (Amended by Stats. 2008, Ch. 65, Sec. 2. Effective January 1, 2009.)
  97. 14827.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Organization [14825 - 14833] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The certificate must be filed by February 1 each year, and the board of supervisors may require an updated or second filing by ordinance.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Organization [14825 - 14833] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 14827. The certificate shall be filed by February 1 of each year. The board of supervisors may, by ordinance, require an updated or second filing each year. (Amended by Stats. 2008, Ch. 65, Sec. 3. Effective January 1, 2009.)
  98. 14828.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Organization [14825 - 14833] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    An unincorporated town may not have more than one company for each 1,000 inhabitants; towns with fewer than 1,000 people may be allowed one company.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Organization [14825 - 14833] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 14828. There shall not be in any one unincorporated town more than one company for each one thousand inhabitants, but one company may be allowed in any town where the population is less than one thousand. (Enacted by Stats. 1939, Ch. 60.)
  99. 14829.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Organization [14825 - 14833] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    Certain fire company types may have no more than the specified number of certificate members.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Organization [14825 - 14833] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 14829. An engine company may consist of not more than 65 certificate members; a hook-and-ladder company of not more than 65 certificate members; a hose company of not more than 25 certificate members; and a rescue squad company of not more than 25 certificate members. (Amended by Stats. 1979, Ch. 517.)
  100. 14830.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Organization [14825 - 14833] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    Every fire company must elect or choose a foreman or president, plus a secretary and treasurer.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Organization [14825 - 14833] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 14830. Every fire company shall choose or elect a foreman, or president, who is the presiding officer, and a secretary and treasurer. (Amended by Stats. 2008, Ch. 65, Sec. 4. Effective January 1, 2009.)
  101. 14831.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Organization [14825 - 14833] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    A county board of supervisors in a county with at least 400,000 people may regulate fire companies by ordinance.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Organization [14825 - 14833] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 14831. The board of supervisors of a county that has a population of 400,000 or more on or after January 1, 1985, may, by ordinance, regulate the formation and continued existence of fire companies. The board of supervisors may authorize the formation of any new fire company within the county where it determines that a reasonable level of fire services does not already exist and where the provision of supplemental or competing fire services by any other entity would not result in the mismanagement of emergencies or in confusion to those seeking aid. The board of supervisors may order that any fire companies formed pursuant to this part may continue to exist upon making the determination that the circumstances stated above exist. The board of supervisors may, by ordinance, establish additional regulations and criteria for the establishment and ongoing operation of fire companies organized pursuant to this part. (Amended by Stats. 2010, Ch. 67, Sec. 1. (SB 902) Effective January 1, 2011.)
  102. 14832.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Organization [14825 - 14833] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    An incorporated city council may adopt an ordinance regulating how fire companies are formed and continue to exist within the city.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Organization [14825 - 14833] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 14832. The city council of an incorporated city may, by ordinance, regulate the formation and continued existence of fire companies providing services within its city. (Added by Stats. 2008, Ch. 65, Sec. 5. Effective January 1, 2009.)
  103. 14833.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Organization [14825 - 14833] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    Fire company vehicles with exempt registration or exempt plates must be insured, marked, and identified as fire company vehicles, and the fire company must not let them be loaned, rented, or used for personal or private business gain.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Organization [14825 - 14833] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 14833. Fire company vehicles granted exempt California vehicle registration or displaying exempt California license plates shall be properly insured, marked, and identified as a fire company vehicle. The fire company shall not allow those vehicles to be loaned, rented, or used for personal pleasure or by for-profit businesses for private economic gain of a business or contractor. This limitation is not intended to prohibit or hinder the fire company’s legitimate use of fire company vehicles for emergency services, including contract arrangements or agreements to provide temporary emergency services or standby services to organizations or governmental agencies requesting those services. (Added by Stats. 2008, Ch. 65, Sec. 6. Effective January 1, 2009.)
  104. 14835.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Every fire company may adopt bylaws and regulations and may impose penalties, including a fine up to five dollars or expulsion for each offense.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 14835. Every fire company may establish and adopt bylaws and regulations, and impose penalties, not exceeding five dollars or expulsion for each offense. (Enacted by Stats. 1939, Ch. 60.)
  105. 14836.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Every regularly organized fire company may adopt a seal.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 14836. Every fire company regularly organized may adopt a seal, having upon it the arms of the State, and the name of the company to which it belongs. (Enacted by Stats. 1939, Ch. 60.)
  106. 14837.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The secretary controls the seal and must use it on exempt certificates, certificates of active membership, and other documents allowed by the by-laws.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 14837. The seal shall be under the control of and for the use of the secretary, and be by him affixed to exempt certificates, certificates of active membership, and such other documents as the by-laws provide. (Enacted by Stats. 1939, Ch. 60.)
  107. 14838.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The secretary of every company with a seal must take the constitutional oath of office and give a bond as provided by the bylaws.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 14838. The secretary of every company having a seal shall take the constitutional oath of office and give a bond as the bylaws provide for the faithful performance of his or her duties. (Amended by Stats. 2008, Ch. 65, Sec. 7. Effective January 1, 2009.)
  108. 14839.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The secretary must keep records of exemption or active membership certificates, including the date and recipient. If the company has no seal, the clerk must keep similar certificate entries.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 14839. The secretary shall keep a record of all certificates of exemption or active membership, their date, and to whom issued; and when the company has no seal, the clerk shall keep similar entries of certificates issued to obtain county clerk’s certificates. (Enacted by Stats. 1939, Ch. 60.)
  109. 14840.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A certificate counts as prima facie evidence of the facts stated in it.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 14840. Every certificate is prima facie evidence of the facts stated in it. (Enacted by Stats. 1939, Ch. 60.)
  110. 14841.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The chief or ranking officer of every fire company must find out the cause of every fire in the town and keep a record of each fire.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 14841. The chief or ranking officer of every fire company shall inquire into the cause of, and keep a record of, every fire occurring in the town. (Amended by Stats. 2008, Ch. 65, Sec. 8. Effective January 1, 2009.)
  111. 14842.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The chief or ranking officer must help enforce fire ordinances, inspect buildings under construction, report fire-related ordinance violations, and, if directed by the proper authorities, begin prosecutions.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 14842. The chief or ranking officer shall aid in the enforcement of all fire ordinances, examine buildings in process of erection, report violations of ordinances relating to prevention or extinguishment of fires, and when directed by the proper authorities institute prosecutions therefor. (Amended by Stats. 2008, Ch. 65, Sec. 9. Effective January 1, 2009.)
  112. 14843.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The chief or ranking officer must perform other duties if those duties are imposed by proper authority.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 14843. The chief or ranking officer shall perform other duties as may be by proper authority imposed upon him or her. (Amended by Stats. 2008, Ch. 65, Sec. 10. Effective January 1, 2009.)
  113. 14844.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If there is a chief, the chief must attend all fires and wear the badge of office conspicuously.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 14844. Every chief, if any, shall attend all fires with his or her badge of office conspicuously displayed. (Amended by Stats. 2008, Ch. 65, Sec. 11. Effective January 1, 2009.)
  114. 14845.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The chief or ranking officer must protect property rescued from fires and return it to the owner after the saving and keeping expenses are paid.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Powers and Duties [14835 - 14845] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 14845. The chief or ranking officer shall prevent injury to, take charge of, and preserve all property rescued from fires, and return the property to its owner on the payment of the expenses incurred in saving and keeping it. (Amended by Stats. 2008, Ch. 65, Sec. 12. Effective January 1, 2009.)
  115. 14855.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Exemptions [14855 - 14860] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Active volunteer firefighters of recognized volunteer fire companies or departments are exempt from military duty, except during war, invasion, or insurrection.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Exemptions [14855 - 14860] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 14855. The active volunteer firefighters of volunteer fire companies or departments regularly organized and recognized by the Fire and Rescue Operational Area Coordinator or the county board of supervisors are exempt from military duty, except in case of war, invasion, or insurrection. (Amended by Stats. 2008, Ch. 65, Sec. 13. Effective January 1, 2009.)
  116. 14856.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Exemptions [14855 - 14860] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A volunteer firefighter must provide proof of eligibility for the Section 14855 privileges and exemptions, and the firefighter’s department must reasonably cooperate.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Exemptions [14855 - 14860] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 14856. The burden of providing proof of eligibility for the privileges and exemptions of Section 14855 shall be the responsibility of the volunteer firefighter with the reasonable cooperation of his or her department. (Repealed and added by Stats. 2008, Ch. 65, Sec. 15. Effective January 1, 2009.)
  117. 14860.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Exemptions [14855 - 14860] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Fire company or department officers must not willfully issue a certificate of exemption to someone who is not entitled to it; doing so is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4. FIRE COMPANIES IN UNINCORPORATED TOWNS [14825 - 14860] ( Part 4 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Exemptions [14855 - 14860] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 14860. Every officer of a fire company or department who willfully issues or causes to be issued any certificate of exemption to a person not entitled to it, is guilty of a misdemeanor. (Amended by Stats. 2008, Ch. 65, Sec. 19. Effective January 1, 2009.)
  118. 14865.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4.5. Use of Privately Contracted Private Fire Prevention Resources [14865 - 14868] ( Part 4.5 added by Stats. 2018, Ch. 636, Sec. 1. )

    Verify source ↗

    The Legislature says this part is meant to improve firefighter and community safety by regulating privately contracted private fire prevention resources.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4.5. Use of Privately Contracted Private Fire Prevention Resources [14865 - 14868] ( Part 4.5 added by Stats. 2018, Ch. 636, Sec. 1. ) ## 14865. It is the intent of the Legislature to provide for the highest level of safety for firefighters and the communities they protect by regulating the use of privately contracted private fire prevention resources. Nothing in this part shall be construed or otherwise interpreted to authorize public agencies to contract for firefighting services or other first response services. The Legislature finds and declares that firefighting and fire protection services are a municipal function and a public good to be provided by public agencies and their employees. (Added by Stats. 2018, Ch. 636, Sec. 1. (AB 2380) Effective January 1, 2019.)
  119. 14866.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4.5. Use of Privately Contracted Private Fire Prevention Resources [14865 - 14868] ( Part 4.5 added by Stats. 2018, Ch. 636, Sec. 1. )

    Verify source ↗

    This section defines “Department” and “Office” for this part.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4.5. Use of Privately Contracted Private Fire Prevention Resources [14865 - 14868] ( Part 4.5 added by Stats. 2018, Ch. 636, Sec. 1. ) ## 14866. For purposes of this part, the following terms have the following meanings: (a) “Department” means the Department of Forestry and Fire Protection. (b) “Office” means the Governor’s Office of Emergency Services. (Added by Stats. 2018, Ch. 636, Sec. 1. (AB 2380) Effective January 1, 2019.)
  120. 14867.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4.5. Use of Privately Contracted Private Fire Prevention Resources [14865 - 14868] ( Part 4.5 added by Stats. 2018, Ch. 636, Sec. 1. )

    Verify source ↗

    The office must develop standards and regulations for privately contracted private fire prevention resources operating during an active fire incident, and those resources must follow evacuation, check-in, tracking, liaison, radio, and safety-related rules.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4.5. Use of Privately Contracted Private Fire Prevention Resources [14865 - 14868] ( Part 4.5 added by Stats. 2018, Ch. 636, Sec. 1. ) ## 14867. (a) The office, in collaboration with the department and the board of directors of the FIRESCOPE Program, established pursuant to Chapter 3 (commencing with Section 13070) of Part 1, shall develop standards and regulations for any privately contracted private fire prevention resources operating during an active fire incident in California. (b) (1) In developing standards and regulations, the office shall consider private resource utilization guidelines developed by the FIRESCOPE Program, pursuant to Chapter 3 (commencing with Section 13070) of Part 1. (2) Regulations developed pursuant to subdivision (a) shall include, but not be limited to, the following requirements: (A) A privately contracted private fire prevention resource shall heed all evacuation warnings and leave the evacuation area when prompted, until the area is reopened or until they have received incident command authorization to reenter or stay in the area. (B) A privately contracted private fire prevention resource shall check in with incident command before entering an area. (C) A privately contracted private fire prevention resource shall be equipped with a Global Positioning System (GPS) tracking device so its liaison at incident command, as described in subparagraph (D), and incident command, can locate the privately contracted private fire prevention resource in the event of an evacuation. The Global Positioning System used by the privately contracted private fire prevention resource shall be compatible with the state’s incident management and situational awareness tracking system. (D) A privately contracted private fire prevention resource shall have a liaison at incident command that is available to incident command at all times and can contact the privately contracted private fire prevention resource at any time. (E) (i) A privately contracted private fire prevention resource shall monitor incident command radio frequencies assigned to a particular incident, as permitted under Part 90 of Title 47 of the Code of Federal Regulations. (ii) The regulations shall include a prohibition on a privately contracted private fire prevention resource from communicating on incident command radio frequencies, without prior approval from incident command. (F) A privately contracted private fire prevention resource shall, whenever possible, focus on prefire treatment activities and pretreatment of values-at-risk and other nonemergency activities outside of a restricted area to ensure safety, clear command and control, and minimize potential liability issues. (Added by Stats. 2018, Ch. 636, Sec. 1. (AB 2380) Effective January 1, 2019.)
  121. 14868.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4.5. Use of Privately Contracted Private Fire Prevention Resources [14865 - 14868] ( Part 4.5 added by Stats. 2018, Ch. 636, Sec. 1. )

    Verify source ↗

    The office must develop regulations for equipment used by privately contracted private fire prevention resources during active fire incidents, and those resources face limits on vehicle markings, emergency devices, and use of public water sources.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 4.5. Use of Privately Contracted Private Fire Prevention Resources [14865 - 14868] ( Part 4.5 added by Stats. 2018, Ch. 636, Sec. 1. ) ## 14868. (a) The office, in collaboration with the department and the board of directors of the FIRESCOPE Program, shall develop regulations to govern the use of equipment used by privately contracted private fire prevention resources during an active fire incident. The regulations shall include, but not be limited to, the following: (1) All equipment shall be clearly labeled nonemergency. (2) Privately contracted private fire prevention resource vehicles shall not use emergency lights or sirens. (3) Privately contracted private fire prevention resource vehicles shall not have any labeling that indicates emergency personnel or fire department. (4) Privately contracted private fire prevention resources shall not hook up their equipment to public water sources, unless approved by incident command or the authority having jurisdiction over the active fire incident and unless the equipment includes a backflow prevention device. (b) The office may consult with both private sector entities that provide privately contracted private fire prevention resources and public sector fire agencies before developing the regulations as required by this section. (c) Nothing in this section shall alter, impair, or interfere with the authority of a community water system to operate a water distribution system, as defined in Section 116275. (Amended by Stats. 2025, Ch. 538, Sec. 1. (AB 1075) Effective January 1, 2026.)
  122. 14875.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 1. General Provisions [14875 - 14876] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “weeds” for this part of the code.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 1. General Provisions [14875 - 14876] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 14875. “Weeds,” as used in this part, means vegetation growing upon streets, sidewalks, or private property in any county, including any fire protection district and may include any of the following: (a) Vegetation that bears seeds of a downy or wingy nature. (b) Vegetation that is not pruned or is otherwise neglected so as to attain such large growth as to become, when dry, a fire menace to adjacent improved property. (c) Vegetation that is otherwise noxious or dangerous. (d) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health. (e) Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in an urbanized portion of an unincorporated area which has been zoned for single and multiple residence purposes. (Amended by Stats. 2005, Ch. 260, Sec. 2. Effective January 1, 2006.)
  123. 14876.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 1. General Provisions [14875 - 14876] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Weeds may be declared a public nuisance and may be abated under this part.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 1. General Provisions [14875 - 14876] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 14876. Weeds may be declared a public nuisance and may be abated as provided in this part. (Enacted by Stats. 1939, Ch. 60.)
  124. 14880.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 2. Resolution [14880 - 14884] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A county board of supervisors may, by resolution, declare weeds growing on streets, sidewalks, or private property a public nuisance.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 2. Resolution [14880 - 14884] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 14880. Whenever weeds are growing upon any street, sidewalk, or on private property in any county, the board of supervisors, by resolution, may declare the weeds a public nuisance. (Enacted by Stats. 1939, Ch. 60.)
  125. 14881.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 2. Resolution [14880 - 14884] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A resolution must identify, by its common name, the street, highway, or road tied to the nuisance or nearby affected private property.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 2. Resolution [14880 - 14884] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 14881. The resolution shall refer, by the name under which it is commonly known, to the street, highway, or road upon which the nuisance exists, upon which the sidewalks are located, or upon which the private property affected fronts or abuts or nearest to which the private property is located. (Enacted by Stats. 1939, Ch. 60.)
  126. 14882.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 2. Resolution [14880 - 14884] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If private property fronts or abuts more than one street, highway, or road, only one of them needs to be referenced.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 2. Resolution [14880 - 14884] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 14882. If the private property fronts or abuts upon more than one street, highway, or road, it is necessary to refer to only one of the streets, highways, or roads. (Enacted by Stats. 1939, Ch. 60.)
  127. 14883.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 2. Resolution [14880 - 14884] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A resolution must identify the property connected to the nuisance using the specified property records details.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 2. Resolution [14880 - 14884] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 14883. The resolution shall describe the property upon which, or in front of which the nuisance exists by describing the property by reference to the tract, block, lot, code area and parcel number as used in the records of the county assessor or in accordance with the map used in describing property for taxation purposes. No other description is necessary. (Amended by Stats. 1959, Ch. 1534.)
  128. 14884.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 2. Resolution [14880 - 14884] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A single resolution may include any number of streets, highways, roads, or parcels of private property.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 2. Resolution [14880 - 14884] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 14884. Any number of streets, highways, roads, or parcels of private property may be included in one resolution. (Enacted by Stats. 1939, Ch. 60.)
  129. 14890.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Persons Authorized to Give Notice [14890- 14890.] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The board of supervisors must designate who will give notice to destroy weeds.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Persons Authorized to Give Notice [14890- 14890.] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 14890. The board of supervisors shall designate the person to give notice to destroy weeds. This may be any one of the following: (a) The county agricultural commissioner. (b) The county forester. (c) The county board of forestry. (d) Any other officer, board, or commission. (Enacted by Stats. 1939, Ch. 60.)
  130. 14891.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Contents of Notice [14891 - 14892] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Notices must be headed “Notice to destroy weeds,” with lettering at least one inch high.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Contents of Notice [14891 - 14892] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 14891. The notices shall be headed “Notice to destroy weeds,” in words not less than one inch in height. (Enacted by Stats. 1939, Ch. 60.)
  131. 14892.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Contents of Notice [14891 - 14892] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The notice must follow a statutory form for county weed-removal proceedings.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Contents of Notice [14891 - 14892] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 14892. The notice shall be substantially in the following form: ## NOTICE TO DESTROY WEEDS. Notice is hereby given that on the ____ day of ____, 19__, the board of supervisors of ____ county passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on, or nearest to ____ street (or road), in said county, and more particularly described in said resolution and that the same constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds, otherwise they will be removed and the nuisance will be abated by the county authorities, in which case the cost of such removal shall be assessed upon the lots and lands from which or in front of which such weeds are removed, and such cost will constitute a lien upon such lots or lands until paid. Reference is hereby made to said resolution for further particulars. All property owners having any objections to the proposed removal of such weeds are hereby notified to attend a meeting of the board of supervisors of said county, to be held (give date), when their objections will be heard and given due consideration. Dated this ____ day of ____, 19__. , (Title of officer, board or commission causing notices to be posted.) (Enacted by Stats. 1939, Ch. 60.)
  132. 14893.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Posting and Publishing Notice [14893 - 14896] ( Heading of Article 3 amended by Stats. 1959, Ch. 60. )

    Verify source ↗

    Notices must be posted prominently on or near the property where the nuisance exists.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Posting and Publishing Notice [14893 - 14896] ( Heading of Article 3 amended by Stats. 1959, Ch. 60. ) ## 14893. The notices shall be conspicuously posted in front of the property on which or in front of which the nuisance exists, or if the property has no frontage upon any street, highway or road then upon the portion of the property nearest to a street, highway or road, or most likely to give actual notice to the owner. (Enacted by Stats. 1939, Ch. 60.)
  133. 14894.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Posting and Publishing Notice [14893 - 14896] ( Heading of Article 3 amended by Stats. 1959, Ch. 60. )

    Verify source ↗

    The notices must be posted no more than 100 feet apart, and at least one notice must be posted on each lot or parcel.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Posting and Publishing Notice [14893 - 14896] ( Heading of Article 3 amended by Stats. 1959, Ch. 60. ) ## 14894. The notices shall be posted not more than one hundred feet in distance apart, but at least one notice shall be posted on each lot or parcel. (Enacted by Stats. 1939, Ch. 60.)
  134. 14895.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Posting and Publishing Notice [14893 - 14896] ( Heading of Article 3 amended by Stats. 1959, Ch. 60. )

    Verify source ↗

    The notice for the Section 14892 hearing must be published once in a newspaper of general circulation printed and published in the county at least 10 days before the hearing.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Posting and Publishing Notice [14893 - 14896] ( Heading of Article 3 amended by Stats. 1959, Ch. 60. ) ## 14895. Notice of the hearing prescribed in Section 14892 shall be published once in a newspaper of general circulation printed and published in the county, not less than 10 days prior to the date of the hearing. (Added by Stats. 1959, Ch. 60.)
  135. 14896.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Posting and Publishing Notice [14893 - 14896] ( Heading of Article 3 amended by Stats. 1959, Ch. 60. )

    Verify source ↗

    As an alternative to posting and publication, the required notice may be mailed to property owners.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Posting and Publishing Notice [14893 - 14896] ( Heading of Article 3 amended by Stats. 1959, Ch. 60. ) ## 14896. As an alternative to posting and publication, notice in the form required in Section 14892 may be mailed to the property owners as their names and addresses appear from the last equalized assessment role, or as they are known to the clerk. (Added by Stats. 1977, Ch. 579.)
  136. 14898.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Hearing on Notice [14898 - 14899] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The board of supervisors must hear and consider any objections or protests to the proposed removal of weeds, and it may continue the hearing from time to time.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Hearing on Notice [14898 - 14899] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 14898. At the time stated in the notices, the board of supervisors shall hear and consider all objections or protests, if any, to the proposed removal of weeds, and may continue the hearing from time to time. (Enacted by Stats. 1939, Ch. 60.)
  137. 14899.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Hearing on Notice [14898 - 14899] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    After the hearing ends, the board must rule on the objections and may then proceed with weed removal.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Hearing on Notice [14898 - 14899] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 14899. Upon the conclusion of the hearing the board shall allow or overrule any or all objections, whereupon the board shall acquire jurisdiction to proceed and perform the work of removal, and the decision of the board on the matter is final, except as provided in Sections 14920 and 14921 of this code. (Amended by Stats. 1941, Ch. 69.)
  138. 14900.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Proceedings After Hearing on Notice [14900 - 14902] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    After final action on protests or if none are received, the board must order the responsible officer, board, or commission to abate the nuisance or have the weeds removed.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Proceedings After Hearing on Notice [14900 - 14902] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 14900. After final action is taken by the board on the disposition of any protests or objections or in case no protests or objections are received, the board shall order the officer, board or commission causing the notices to be posted to abate the nuisance, or to cause it to be abated by having the weeds removed. (Enacted by Stats. 1939, Ch. 60.)
  139. 14900.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Proceedings After Hearing on Notice [14900 - 14902] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If a nuisance is seasonal and recurrent, the board of supervisors must declare that fact, and the weeds must then be abated every year without another hearing.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Proceedings After Hearing on Notice [14900 - 14902] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 14900.5. If the nuisance is seasonal and recurrent, the board of supervisors shall so declare. Thereafter, such seasonal and recurring weeds shall be abated every year without the necessity of any further hearing. (Added by Stats. 1939, Ch. 1018.)
  140. 14900.6.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Proceedings After Hearing on Notice [14900 - 14902] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If certain weeds were already declared a seasonal and recurring nuisance, the owner may be given a mailed post card notice, and if the weeds are not removed, county authorities may remove them and charge the cost to the land as a lien.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Proceedings After Hearing on Notice [14900 - 14902] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 14900.6. In the case of weeds which have previously been declared to constitute a seasonal and recurring nuisance, it is sufficient to mail a post card notice to the owners of the property as they and their addresses appear upon the current assessment roll. The notice shall refer to and describe the property and shall state that noxious or dangerous weeds of a seasonal and recurrent nature are growing on or in front of the property, and that the same constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds, and that otherwise they will be removed and the nuisance will be abated by the county authorities, in which case the cost of such removal shall be assessed upon the lot and lands from which or in front of which such weeds are removed and that such cost will constitute a lien upon such lots or lands until paid. (Added by Stats. 1939, Ch. 1018.)
  141. 14901.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Proceedings After Hearing on Notice [14900 - 14902] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Certain officials and their assistants may enter private property to remove weeds.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Proceedings After Hearing on Notice [14900 - 14902] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 14901. The officer, board or commission, and his or its assistants, deputies, employees, or contracting agents, or other representatives may enter upon private property for the purpose of removing the weeds. (Enacted by Stats. 1939, Ch. 60.)
  142. 14902.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Proceedings After Hearing on Notice [14900 - 14902] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A property owner may remove weeds before the officer, board, or commission arrives, at their own expense.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 3. Notice to Destroy Weeds [14890 - 14902] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Proceedings After Hearing on Notice [14900 - 14902] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 14902. Before the arrival of the officer, board, or commission, or their representatives, any property owner may remove weeds at his or her own expense. Nevertheless, in any case in which an order to abate is issued, the board by resolution or motion may further order that a special assessment and lien be imposed pursuant to Section 14912. In that case the assessment and lien shall be limited to the costs incurred by the responsible agency in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical, and other related costs. (Amended by Stats. 1982, Ch. 352, Sec. 3.)
  143. 14905.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Determination and Notice [14905 - 14906] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The officer, board, or commission abating the nuisance must keep a cost account and submit an itemized written report to the board of supervisors.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Determination and Notice [14905 - 14906] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 14905. The officer, board or commission abating the nuisance shall keep an account of the cost of abatement in front of or on each separate parcel of land and shall render an itemized report in writing to the board of supervisors showing the cost of removing the weeds on or in front of each separate lot or parcel of land, or both. (Enacted by Stats. 1939, Ch. 60.)
  144. 14906.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Determination and Notice [14905 - 14906] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Before the report goes to the board of supervisors, a copy must be posted for at least three days near the board chamber with notice of when the report will be submitted for confirmation.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Determination and Notice [14905 - 14906] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 14906. Before the report is submitted to the board of supervisors, a copy of it shall be posted for at least three days on or near the chamber door of the board with a notice of the time when the report will be submitted to the board for confirmation. (Amended by Stats. 1959, Ch. 60.)
  145. 1491.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 4. Victims of Sexual Offenses [1491 - 1492] ( Article 4 added by Stats. 1976, Ch. 750. )

    Verify source ↗

    A county hospital must provide rape or sexual assault victims free testing for venereal disease and pregnancy.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 4. Victims of Sexual Offenses [1491 - 1492] ( Article 4 added by Stats. 1976, Ch. 750. ) ## 1491. In addition to any examination performed without charge to a victim of rape or other sexual assault pursuant to Section 13823.95 of the Penal Code, a county hospital shall, without charge, provide the victim of rape, or other sexual assault, with testing for venereal disease and pregnancy. (Amended by Stats. 1988, Ch. 1575, Sec. 2.)
  146. 14910.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing on Report [14910 - 14912] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The board must hear the report and any objections from property owners liable to be assessed, at the time set for receiving and considering the report.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing on Report [14910 - 14912] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 14910. At the time fixed for receiving and considering the report, the board shall hear it and any objections of any of the property owners liable to be assessed for the work of abatement. (Enacted by Stats. 1939, Ch. 60.)
  147. 14911.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing on Report [14910 - 14912] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The board may modify the report if it thinks the changes are necessary, and then the report must be confirmed by order or resolution.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing on Report [14910 - 14912] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 14911. Thereupon the board may make such modifications in the report as it deems necessary, after which, by order or resolution, the report shall be confirmed. (Enacted by Stats. 1939, Ch. 60.)
  148. 14912.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing on Report [14910 - 14912] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Abatement costs are turned into special assessments and liens on the affected parcels, with an exception for certain transfers to bona fide purchasers or encumbrancers.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Hearing on Report [14910 - 14912] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 14912. The amount of the costs for abating the nuisance in front of or upon the various parcels of the land mentioned in the report as confirmed and the amount of the costs incurred by the responsible agency in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical and other related costs, shall constitute special assessments against the respective parcels of land, and are a lien on the property for the amount of the respective assessments. Such lien attaches upon recordation in the office of the county recorder of the county in which the property is situated of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary municipal ad valorem taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem taxes shall be applicable to such assessment, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to such property shall be transferred to the unsecured roll for collection. (Amended by Stats. 1982, Ch. 352, Sec. 4.)
  149. 14915.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Collection of Expenses [14915 - 14922] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A confirmed report must be turned over to the county auditor by August 10, and the auditor must enter the assessment amounts on the current assessment roll.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Collection of Expenses [14915 - 14922] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 14915. A copy of the report, as confirmed, shall be turned over to the auditor of the county, on or before the tenth day of August following such confirmation, and the auditor shall enter the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. (Amended by Stats. 1939, Ch. 354.)
  150. 14916.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Collection of Expenses [14915 - 14922] ( Article 3 enacted by Stats. 1939, Ch. 60. )

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    The tax collector must include the assessment amount on tax bills for the affected lots and parcels of land.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Collection of Expenses [14915 - 14922] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 14916. The tax collector shall include the amount of the assessment on bills for taxes levied against the respective lots and parcels of land. (Enacted by Stats. 1939, Ch. 60.)
  151. 14917.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Collection of Expenses [14915 - 14922] ( Article 3 enacted by Stats. 1939, Ch. 60. )

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    Assessment amounts must be collected like county taxes and face the same delinquency penalties and procedures.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Collection of Expenses [14915 - 14922] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 14917. Thereafter the amounts of the assessments shall be collected at the same time and in the same manner as county taxes are collected, and are subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. (Enacted by Stats. 1939, Ch. 60.)
  152. 14918.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Collection of Expenses [14915 - 14922] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Rules that apply to county taxes also apply to special assessment taxes.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Collection of Expenses [14915 - 14922] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 14918. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such special assessment taxes. (Enacted by Stats. 1939, Ch. 60.)
  153. 14919.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Collection of Expenses [14915 - 14922] ( Article 3 enacted by Stats. 1939, Ch. 60. )

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    The county tax collector may choose to issue separate bills and separate receipts for special assessment taxes.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Collection of Expenses [14915 - 14922] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 14919. The county tax collector may, in his discretion, issue separate bills for such special assessment taxes and separate receipts for collection on account of such assessments. (Enacted by Stats. 1939, Ch. 60.)
  154. 1492.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 4. Victims of Sexual Offenses [1491 - 1492] ( Article 4 added by Stats. 1976, Ch. 750. )

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    County hospitals must give people examined or treated for rape or other sexual assaults information about available assistance and the claim forms.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 4. Victims of Sexual Offenses [1491 - 1492] ( Article 4 added by Stats. 1976, Ch. 750. ) ## 1492. A county hospital shall provide persons examined or treated in connection with rape or other sexual assaults with information regarding assistance which may be provided pursuant to Article 1 (commencing with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code, together with forms made available by the California Victim Compensation Board for filing of claims thereunder. (Amended by Stats. 2016, Ch. 31, Sec. 160. (SB 836) Effective June 27, 2016.)
  155. 14920.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Collection of Expenses [14915 - 14922] ( Article 3 enacted by Stats. 1939, Ch. 60. )

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    The board of supervisors may order certain special assessments, penalties, or costs to be canceled or refunded, and the auditor or county treasurer must carry that out depending on whether the amount is uncollected or collected.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Collection of Expenses [14915 - 14922] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 14920. All or any portion of any such special assessment, penalty or costs heretofore or hereafter entered, shall on order of the board of supervisors be canceled by the auditor if uncollected, or, except in the case provided for in subdivision (e) hereof, refunded by the county treasurer if collected, if it or they were entered, charged or paid: (a) More than once; (b) Through clerical error; (c) Through the error or mistake of the board of supervisors or of the officer, board or commission designated by them to give notice or to destroy the weeds, in respect to any material fact, including the case where the cost report rendered and confirmed as hereinbefore provided shows the county abated the weeds but such is not the actual fact; (d) Illegally; (e) On property acquired after the lien date by the State or by any county, city, school district or other political subdivision and because of this public ownership not subject to sale for delinquent taxes. (Added by Stats. 1941, Ch. 69.)
  156. 14921.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Collection of Expenses [14915 - 14922] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A refund order can be made only if a claim is verified and filed within three years after the payment was made, and the section does not apply to cancellations.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Collection of Expenses [14915 - 14922] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 14921. No order for a refund under the foregoing section shall be made except on a claim: (a) Verified by the person who paid the special assessment, his guardian, executor, or administrator; (b) Filed within three years after making of the payment sought to be refunded. The provisions of this section do not apply to cancellations. (Added by Stats. 1941, Ch. 69.)
  157. 14922.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Collection of Expenses [14915 - 14922] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section sets the priority of assessment liens and says a supplemental assessment is a new assessment.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 5. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH [14875 - 14922] ( Heading of Part 5 amended by Stats. 1970, Ch. 154. ) ## CHAPTER 4. Expense of Abatement [14905 - 14922] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Collection of Expenses [14915 - 14922] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 14922. The lien, whether bonds issued to represent the assessment or otherwise, shall be subordinate to all fixed special assessment liens previously imposed upon the same property, but it shall have priority over all fixed special assessment liens which may thereafter be created against the property. The lien of a reassessment and of a refunding assessment shall be the same as the original assessment to which it relates. A supplemental assessment is a new assessment. (Added by Stats. 1963, Ch. 1465.)
  158. 14930.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 6. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH: ALTERNATIVE PROCEDURE [14930 - 14931] ( Part 6 added by Stats. 1970, Ch. 154. )

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    The county board of supervisors may use an ordinance to require certain property occupants or owners to remove dirt, rubbish, weeds, or other rank growths from property and adjacent sidewalks.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 6. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH: ALTERNATIVE PROCEDURE [14930 - 14931] ( Part 6 added by Stats. 1970, Ch. 154. ) ## 14930. The board of supervisors may, by ordinance, compel the owner, lessee, or occupant of buildings, grounds, or lots in the county, to remove dirt, rubbish, weeds, or other rank growths from such property and adjacent sidewalks. If the owner, lessee, or occupant defaults, after notice prescribed by such ordinance, the board may authorize the removal or destruction of the dirt, rubbish, weeds, or rank growths at his expense by a county officer. The board may, by ordinance, prescribe a procedure for such removal or destruction and make the expense a lien upon the real property in accordance with Section 25845 of the Government Code. (Added by Stats. 1970, Ch. 154.)
  159. 14931.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 6. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH: ALTERNATIVE PROCEDURE [14930 - 14931] ( Part 6 added by Stats. 1970, Ch. 154. )

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    A local ordinance may allow removal of weeds, rubbish, or obstructions and can make the removal cost a lien on the affected property.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 6. ABATEMENT OF HAZARDOUS WEEDS AND RUBBISH: ALTERNATIVE PROCEDURE [14930 - 14931] ( Part 6 added by Stats. 1970, Ch. 154. ) ## 14931. The ordinance may require or provide any of the following: (a) Require and provide for the removal of grass, weeds, or other obstructions from the sidewalks, parkings, or streets and make the cost of removal a lien upon the abutting property. (b) Require or provide for the removal from property, lands, or lots of all weeds, rubbish, or other material dangerous or injurious to neighboring property or the health or welfare of residents of the vicinity and make the cost of removal a lien upon the property. (c) Provide for the enforcement of the lien by the sale of the property or otherwise. (Added by Stats. 1970, Ch. 154.)
  160. 14940.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 7. CIGARETTE LIGHTERS [14940 - 14943] ( Part 7 added by Stats. 1991, Ch. 904, Sec. 1. )

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    The Legislature states that fires started by children using cigarette lighters create unreasonable risks of death and serious bodily injury, and that standards are needed to reduce those risks.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 7. CIGARETTE LIGHTERS [14940 - 14943] ( Part 7 added by Stats. 1991, Ch. 904, Sec. 1. ) ## 14940. The Legislature finds and declares that unreasonable risks of death and serious bodily injury are caused by fires started by the operation of cigarette lighters by children. The Legislature further finds and declares that these risks are sufficiently severe to require the enactment of standards to reduce the risks. (Added by Stats. 1991, Ch. 904, Sec. 1.)
  161. 14941.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 7. CIGARETTE LIGHTERS [14940 - 14943] ( Part 7 added by Stats. 1991, Ch. 904, Sec. 1. )

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    This section defines “cigarette lighter,” “operate,” and “special design” for this part.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 7. CIGARETTE LIGHTERS [14940 - 14943] ( Part 7 added by Stats. 1991, Ch. 904, Sec. 1. ) ## 14941. As used in this part, the following terms shall have the following meanings: (a) “Cigarette lighter” means a device used to light cigarettes, cigars, and pipes, but does not mean a match. “Cigarette lighter” includes a device, such as a watch, that may be used to light cigarettes, cigars, and pipes even though it is primarily used for other purposes. “Cigarette lighter” does not include lighters that are refillable and have a gross fueled weight of at least 35 grams. (b) “Operate” means the ability to cause a cigarette lighter to ignite. (c) “Special design” means a design of a cigarette lighter that results in the cigarette lighter being significantly difficult for children under five years of age to operate. (Added by Stats. 1991, Ch. 904, Sec. 1.)
  162. 14942.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 7. CIGARETTE LIGHTERS [14940 - 14943] ( Part 7 added by Stats. 1991, Ch. 904, Sec. 1. )

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    The State Fire Marshal must adopt cigarette-lighter safety regulations by January 1, 1994, and manufacturers must arrange and pay for testing of covered products.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 7. CIGARETTE LIGHTERS [14940 - 14943] ( Part 7 added by Stats. 1991, Ch. 904, Sec. 1. ) ## 14942. (a) The State Fire Marshal shall adopt regulations by January 1, 1994, that specify standards for the special design of cigarette lighters, using an 80 percent acceptance criterion with respect to safety features that prevent operation of the lighters by children five years of age or younger. The State Fire Marshal shall select a test protocol from those which have been submitted, on or before the effective date of this act, to the Consumer Products Safety Commission of the United States. If federal standards for the special design of cigarette lighters are adopted, the federal standard shall take precedence over a regulation adopted pursuant to this section, and the regulation shall have no force or effect. (b) Each manufacturer shall provide for the testing of its products that are subject to this section, through laboratories approved by the State Fire Marshal, and shall bear the cost of product testing according to the approved plan and test protocol. The State Fire Marshal may collect fees from manufacturers to pay for the application and approval process in conjunction with administering this section. Fees collected pursuant to this section shall be deposited into the Cigarette Lighter Safety Account in the General Fund, which is hereby created. Moneys in that account shall be available, upon appropriation by the Legislature, for reimbursement of the State Fire Marshal’s costs in processing applications and approvals under this section. This section shall remain operative only if and when federal standards for the special design of cigarette lighters for the purpose stated in this section are not in effect. (Added by Stats. 1991, Ch. 904, Sec. 1. Inoperative, by its own provisions, when federal standards are in effect.)
  163. 14943.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 7. CIGARETTE LIGHTERS [14940 - 14943] ( Part 7 added by Stats. 1991, Ch. 904, Sec. 1. )

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    You may not sell, offer for sale, or distribute a cigarette lighter that fails to meet standards adopted by the State Fire Marshal.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 7. CIGARETTE LIGHTERS [14940 - 14943] ( Part 7 added by Stats. 1991, Ch. 904, Sec. 1. ) ## 14943. (a) No person shall sell, offer for sale, or distribute a cigarette lighter that does not comply with the standards adopted by the State Fire Marshal pursuant to Section 14942. (b) Any person who violates subdivision (a) is guilty of an infraction and shall be punished by a fine of up to one hundred dollars ($100) for each cigarette lighter that is sold in violation of subdivision (a). (c) This section shall not become operative until the State Fire Marshal adopts standards pursuant to Section 14942 and shall be operative only when those regulations are in effect as provided in subdivision (a) of Section 14942. (Added by Stats. 1991, Ch. 904, Sec. 1. Section operative, by its own provisions, only when state regulations specified in Section 14942 are in effect.)
  164. 14945.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 7.5. Counterfeit Lighters [14945- 14945.] ( Part 7.5 added by Stats. 2025, Ch. 235, Sec. 1. )

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    No person may sell, offer for sale, or distribute a counterfeit lighter or an unsafe lighter, except for certain interstate transportation and certain warehouse or distribution-center storage.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 7.5. Counterfeit Lighters [14945- 14945.] ( Part 7.5 added by Stats. 2025, Ch. 235, Sec. 1. ) ## 14945. (a) (1) Subject to paragraph (2), no person shall sell, offer for sale, or distribute a counterfeit lighter or an unsafe lighter. (2) Paragraph (1) does not apply to either of the following: (A) The interstate transportation of counterfeit lighters or unsafe lighters. (B) The storage of counterfeit lighters or unsafe lighters in a warehouse or distribution center in this state if the warehouse or distribution center is not open to the public for the purposes of retail sale or distribution. (b) For purposes of this section, the following definitions apply: (1) “Counterfeit lighter” means a lighter that infringes on an intellectual property right of a citizen of the United States or a person that is protected by federal or state intellectual property law. (2) “Lighter” means an electrical or mechanical device that operates using any type of fuel and that is intended for use in igniting a cigar, cigarette, fireplace, grill, pipe, or utility. (3) “Unsafe lighter” means any of the following: (A) A lighter used for igniting cigars, cigarettes, or pipes that does not comply with ASTM International Standard F400. (B) A lighter used to ignite fireplaces, grills, or utilities that does not comply with ASTM International Standard F2201. (C) A lighting rod or gas match that does not comply with ASTM International Standard F2201. (Added by Stats. 2025, Ch. 235, Sec. 1. (SB 793) Effective January 1, 2026.)
  165. 14950.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. )

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    This section gives the names and meanings of key terms used in Part 8 on cigarettes, and says the part may be cited as the California Cigarette Fire Safety and Firefighter Protection Act.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. ) ## 14950. (a) This part shall be known, and may be cited, as the California Cigarette Fire Safety and Firefighter Protection Act. (b) As used in this part, the following terms have the following meanings: (1) “Cigarette” means a cigarette as defined in Section 30003 of the Revenue and Taxation Code, but does not include a little cigar. “Little cigar” means any roll of tobacco wrapped in a leaf of tobacco or any substance containing tobacco and weighing not more than three pounds per thousand. (2) “Department” means the California Department of Tax and Fee Administration. (3) “Distributor” means a distributor as defined in Section 30011 of the Revenue and Taxation Code. (4) “Manufacturer” means any of the following: (A) An entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in the state, including cigarettes intended to be sold in the United States through an importer. (B) The first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States. (C) An entity that becomes a successor of an entity described in subparagraph (A) or (B). (5) “Offer to sell” means to offer or agree to sell. (6) “Package” means package as defined in Section 30015 of the Revenue and Taxation Code. (7) “Quality control and quality assurance program” means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. This program ensures that the testing repeatability remains within the required repeatability values stated in paragraph (5) of subdivision (a) of Section 14952 for all test trials used to certify cigarettes in accordance with this part. (8) “Repeatability” means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time. (9) “Retailer” means a person who engages in the sale of cigarettes, but not for the purpose of resale. (10) “Sale” or “sell” means any transfer, exchange, or barter, in any manner or by any means whatever, or any agreement for these purposes. The giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money are considered sales. (11) “Stamp and meter impression” means stamp and meter impression as defined in Section 30018 of the Revenue and Taxation Code. (12) “Wholesaler” means a wholesaler as defined in Section 30016 of the Revenue and Taxation Code. (Amended by Stats. 2018, Ch. 613, Sec. 1. (SB 1408) Effective January 1, 2019.)
  166. 14951.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. )

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    A person may not sell, offer, or keep for sale cigarettes in this state unless the cigarettes meet testing, performance, marking, and manufacturer certification requirements.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. ) ## 14951. A person shall not sell, offer, or possess for sale in this state cigarettes not in compliance with all of the following requirements: (a) The cigarettes are tested by the manufacturer in accordance with the test method prescribed in subdivision (a) of Section 14952. (b) The cigarettes meet the performance standard specified in subdivision (b) of Section 14952. (c) The cigarettes meet the marking requirement of Section 14954. (d) A written certification is filed by the manufacturer with the Attorney General in accordance with Section 14953. (Amended by Stats. 2022, Ch. 454, Sec. 1. (AB 1742) Effective January 1, 2023.)
  167. 14952.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. )

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    Cigarette testing must follow a specified ASTM method and performance standard, with set test conditions, recordkeeping, and some limited alternative testing options.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. ) ## 14952. (a) (1) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) Standard E2187-04, “Standard Test Method for Measuring the Ignition Strength of Cigarettes.” However, a subsequent ASTM Standard Test Method may be adopted upon finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns that the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the testing requirements in paragraphs (2) to (5), inclusive, and the performance standard specified in subdivision (b). (2) Testing shall be conducted on 10 layers of filter paper. (3) Forty replicate tests shall comprise a complete test trial for each cigarette tested. (4) The performance standard required by subdivision (b) shall only be applied to a complete test trial. (5) Laboratories conducting testing in accordance with this subdivision shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19 pursuant to subdivision (b). (b) When tested in accordance with subdivision (a), no more than 25 percent of the cigarettes tested in a test trial shall exhibit full-length burns. (c) Each cigarette listed in a certification submitted pursuant to Section 14953 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in subdivision (b) shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column or 10 millimeters from the labeled end of the tobacco column for a nonfiltered cigarette. (d) A manufacturer or manufacturers of a cigarette that cannot be tested in accordance with the test method prescribed in subdivision (a) may employ a test method and performance standard for that cigarette that is equivalent to the performance standard prescribed in subdivision (b). The manufacturer or manufacturers may employ that test method and performance standard to certify that cigarette pursuant to Section 14953. All other applicable requirements of this part shall apply to the manufacturer or manufacturers of that cigarette. (e) This section does not require additional testing if cigarettes are tested consistent with this section for any other purpose. (f) In order to ensure compliance with the performance standard specified in subdivision (b), data from testing conducted by manufacturers to comply with this performance standard shall be kept on file by these manufacturers for a period of three years after the initial date of certification and for a period of three years after each recertification required by subdivision (c) of Section 14953 and shall be sent to the Attorney General upon the Attorney General’s request. (g) This section shall be implemented in accordance with the implementation and substance of the New York Fire Safety Standards for Cigarettes that are effective on June 28, 2004. (Amended by Stats. 2022, Ch. 454, Sec. 2. (AB 1742) Effective January 1, 2023.)
  168. 14953.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. )

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    Manufacturers must file written cigarette certifications with the Attorney General, recertify certified cigarettes every three years, and share certification and packaging-marking copies with distributors, wholesalers, and retailers.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. ) ## 14953. (a) Each manufacturer shall submit a written certification to the Attorney General attesting that each cigarette listed in the certification has been tested in accordance with subdivision (a) of Section 14952 and meets the performance standard set forth in subdivision (b) of that section. (b) Each certification shall be submitted in the form, manner, and detail required by the Attorney General and include, at a minimum, with respect to each cigarette listed in the certification, all of the following information: (1) Brand. (2) Style (for example, light, ultralight). (3) Length in millimeters. (4) Circumference in millimeters. (5) Flavor (for example, menthol, chocolate) if applicable. (6) Filter or nonfilter. (7) Package description (for example, soft pack, box). (8) Marking approved in accordance with Section 14954. (c) Each cigarette certified under this section shall be recertified every three years. (d) The Attorney General may publish on its internet website the information submitted pursuant to this section. (e) The Attorney General may adopt rules and regulations to implement this section. The Attorney General may adopt initial emergency regulations to implement this section in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and these regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health, and safety, or general welfare. (f) A manufacturer certifying cigarettes in accordance with this section shall provide a copy of the certifications to all distributors and wholesalers to which the manufacturer sells cigarettes and shall also provide sufficient copies of an illustration of the cigarette packaging marking utilized by the manufacturer pursuant to Section 14954 for each retailer to which the distributors and wholesalers sell cigarettes. Distributors and wholesalers shall provide a copy of these cigarette packaging markings received from manufacturers to all retailers to whom they sell cigarettes. (Amended by Stats. 2022, Ch. 454, Sec. 3. (AB 1742) Effective January 1, 2023.)
  169. 14954.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. )

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    Manufacturers must mark certified cigarettes’ packaging and cases, use only one uniform marking, and submit any proposed or changed marking to the Attorney General for approval before sale.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. ) ## 14954. (a) Cigarettes that are certified by a manufacturer in accordance with Section 14953 shall be marked on the packaging and case to indicate compliance with the requirements of this part. The marking shall be in 8-point type or larger and consist of any of the following: (1) Modification of the universal product code to include a visible mark printed at or around the area of that code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the universal product code. (2) Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette packaging or cellophane wrap. (3) Printed, stamped, engraved, or embossed text on the cigarette packaging that indicates that the cigarettes meet California standards. (b) Before a certified cigarette can be sold in the state, a manufacturer shall submit its proposed marking to the Attorney General. The Attorney General shall approve the marking upon a finding that it is compliant with the criteria outlined in subdivision (a). Proposed markings shall be deemed approved if the Attorney General fails to act within 30 business days of receiving a proposed marking. A marking in use and approved for the sale of cigarettes in the State of New York shall be deemed approved. (c) A manufacturer must use only one marking and must apply this marking uniformly for all packagings, including, but not limited to, packages, cartons, and cases, and brands marketed by that manufacturer. (d) A manufacturer who modifies its marking shall notify the Attorney General of this change and submit to the Attorney General a copy of the new marking that shall comply with subdivisions (a) and (b). (e) The Attorney General may adopt rules and regulations to implement this section. The Attorney General may adopt initial emergency regulations to implement this section in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and these regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health, and safety, or general welfare. (Amended by Stats. 2022, Ch. 454, Sec. 4. (AB 1742) Effective January 1, 2023.)
  170. 14955.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. )

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    This section sets civil penalties for knowingly selling cigarettes in violation of the part, making false certifications, and other violations, and lets the Attorney General sue to stop further violations.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. ) ## 14955. (a) A manufacturer or any other person or entity that knowingly sells or offers to sell cigarettes other than through retail sale in violation of this part is subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each sale. (b) A retailer, distributor, or wholesaler that knowingly sells or offers to sell cigarettes in violation of this part shall be subject to the following: (1) A civil penalty not to exceed five hundred dollars ($500) for each sale or offer for sale in which the total number of cigarettes sold or offered for sale does not exceed 50 packages of cigarettes. (2) A civil penalty not to exceed one thousand dollars ($1,000) for each sale or offer for sale in which the total number of cigarettes sold or offered for sale exceeds 50 packages of cigarettes. (c) The civil penalties imposed pursuant to subdivisions (a) and (b) shall be deposited in the Cigarette Fire Safety and Firefighter Protection Fund. (d) In addition to any other penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to Section 14953 is subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each false certification. (e) A person who violates any other provision in this part is subject to a civil penalty not to exceed one thousand dollars ($1,000) for each violation. Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by Section 14952 shall be deemed contraband per se and subject to seizure and disposal by the department or a law enforcement agency. (f) The Attorney General may bring an action on behalf of the people of the state to restrain further violations of this part and for any other relief that may be appropriate. In any action by the Attorney General to enforce this act, the Attorney General shall be entitled to recover costs of investigation, expert witness fees, costs of the action, and reasonable attorney’s fees. (g) It is a defense in any action for civil penalties that a distributor, wholesaler, retailer, or a person in the stream of commerce relied in good faith on the manufacturer’s certificate or marking that the cigarettes comply with this part. (Amended by Stats. 2019, Ch. 497, Sec. 158. (AB 991) Effective January 1, 2020.)
  171. 14956.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. )

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    The department may inspect certain cigarette locations, and manufacturers, distributors, wholesalers, and retailers must let a department employee enter and inspect after showing proper ID and credentials.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. ) ## 14956. (a) Inspections may be made at any place where cigarettes are sold, offered for sale, or stored or at any site where there is evidence of a violation of subdivision (a) of Section 14951. (b) Manufacturers, distributors, wholesalers, and retailers shall permit an employee of the department, upon presentation of the appropriate identification and credentials, to enter into, and to conduct an inspection of, any building, facility, site, or place described in subdivision (a). (c) Any person that refuses to allow an inspection authorized under this section is subject to the penalty imposed by Section 14958. (Amended by Stats. 2018, Ch. 613, Sec. 4. (SB 1408) Effective January 1, 2019.)
  172. 14957.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. )

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    If the department or a law enforcement agency finds cigarettes are being sold, offered for sale, or sold in violation of Section 14951(a), it may seize and dispose of the cigarettes as contraband per se.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. ) ## 14957. Upon discovery by the department or a law enforcement agency that a person offers or possesses for sale, or has made a sale of, cigarettes in violation of subdivision (a) of Section 14951, the department or that law enforcement agency may seize and dispose of those cigarettes possessed in violation of this part as contraband per se. (Amended by Stats. 2018, Ch. 613, Sec. 5. (SB 1408) Effective January 1, 2019.)
  173. 14958.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. )

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    A person who knowingly refuses or fails to allow a department inspection under Section 14956 can be fined up to $1,000 for each refusal or failure.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. ) ## 14958. Any person who knowingly fails or refuses to allow an inspection by the department, pursuant to Section 14956, is subject to a civil penalty not to exceed one thousand dollars ($1,000) for each failure or refusal. (Amended by Stats. 2018, Ch. 613, Sec. 6. (SB 1408) Effective January 1, 2019.)
  174. 14959.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. )

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    This section stops applying if later federal cigarette fire safety standards are enacted, take effect, and the Attorney General notifies the Secretary of State.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 8. CIGARETTES [14950 - 14959] ( Part 8 added by Stats. 2005, Ch. 633, Sec. 2. ) ## 14959. This part shall cease to be applicable if federal fire safety standards for cigarettes that preempt this act are enacted and take effect subsequent to the effective date of this act and the Attorney General so notifies the Secretary of State. (Amended by Stats. 2022, Ch. 454, Sec. 5. (AB 1742) Effective January 1, 2023.)
  175. 1496.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 5. Continuing Education [1496 - 1498] ( Article 5 added by Stats. 1979, Ch. 613. )

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    This section defines several terms used in the article, including continuing education program, licensed health worker, non-county-employed health worker, and nonlicensed health worker.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 5. Continuing Education [1496 - 1498] ( Article 5 added by Stats. 1979, Ch. 613. ) ## 1496. As used in this article: (a) “Continuing education program” means educational programs designed to increase the knowledge and skills of health workers. (b) “Licensed health worker” means any person who works in a health profession that requires licensure under the laws of California. (c) “Non-county-employed health worker” means any person employed in a health facility, other than a county-operated health facility, in a county in which a continuing education program is offered or is to be offered. (d) “Nonlicensed health worker” means any person who performs duties in a health facility and who is not required to be licensed to perform such duties under the laws of California. (Added by Stats. 1979, Ch. 613.)
  176. 1496.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 5. Continuing Education [1496 - 1498] ( Article 5 added by Stats. 1979, Ch. 613. )

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    Any county may run continuing education programs for certain non-county-employed health workers.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 5. Continuing Education [1496 - 1498] ( Article 5 added by Stats. 1979, Ch. 613. ) ## 1496.5. Any county may conduct continuing education programs for non-county-employed licensed health workers or non-county-employed nonlicensed health workers as prescribed in this article. (Added by Stats. 1979, Ch. 613.)
  177. 1497.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 5. Continuing Education [1496 - 1498] ( Article 5 added by Stats. 1979, Ch. 613. )

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    County health facilities may use county staff to run continuing education programs for non-county-employed licensed or unlicensed health workers.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 5. Continuing Education [1496 - 1498] ( Article 5 added by Stats. 1979, Ch. 613. ) ## 1497. (a) Any county health facility, including, but not limited to, hospitals, mental health facilities, and other public health facilities, may utilize its county staff personnel to conduct continuing education programs for non-county-employed licensed health workers or non-county-employed nonlicensed health workers. (b) A county may contract with a community college, college, university, hospital, or other health facility for purposes of conducting continuing education programs pursuant to this article. (Added by Stats. 1979, Ch. 613.)
  178. 1497.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 5. Continuing Education [1496 - 1498] ( Article 5 added by Stats. 1979, Ch. 613. )

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    Counties running continuing education programs must charge fees enough to cover instruction and training costs, put collected fees into a county fund, and use that revenue only for supporting and improving the programs.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 5. Continuing Education [1496 - 1498] ( Article 5 added by Stats. 1979, Ch. 613. ) ## 1497.5. (a) Any county conducting continuing educational programs pursuant to this article shall charge and collect fees sufficient to defray the cost of such instruction and training. Such fees may be reduced to the extent of any federal funds obtained by the county for the purpose of providing such instruction and training. (b) Any fees collected pursuant to this section shall be placed in a continuing education program fund of the county. The revenue in such a fund shall be used for the sole purpose of supporting and continually upgrading such continuing educational programs. (Added by Stats. 1979, Ch. 613.)
  179. 1498.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 5. Continuing Education [1496 - 1498] ( Article 5 added by Stats. 1979, Ch. 613. )

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    A county running a continuing education program must keep attendance and unit-earned records, and must provide copies of that information to participants on request at reproduction cost.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.5. County Medical Facilities [1440 - 1498] ( Chapter 2.5 added by Stats. 1961, Ch. 1993. ) ## ARTICLE 5. Continuing Education [1496 - 1498] ( Article 5 added by Stats. 1979, Ch. 613. ) ## 1498. Any county conducting a continuing education program pursuant to this article shall maintain individual records of attendance and the number of continuing education units earned by participants, if any, in such program. Copies of such information shall be made available upon request and at the cost of reproduction to participants in such program. (Added by Stats. 1979, Ch. 613.)
  180. 1499.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.6. Use of Administrative Action for Licensure [1499- 1499.] ( Chapter 2.6 added by Stats. 2006, Ch. 902, Sec. 4. )

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    Applicants and certain licensed or certificated persons must disclose prior administrative actions and related background information, and the department may consider those actions when deciding on licensure.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2.6. Use of Administrative Action for Licensure [1499- 1499.] ( Chapter 2.6 added by Stats. 2006, Ch. 902, Sec. 4. ) ## 1499. (a) Any person or entity licensed or certificated under Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 2.3 (commencing with Section 1400), Chapter 2.35 (commencing with Section 1416), Chapter 3.3 (commencing with Section 1570), Chapter 8 (commencing with Section 1725), Chapter 8.3 (commencing with Section 1743), Chapter 8.5 (commencing with Section 1745), or Chapter 8.6 (commencing with Section 1760) of this code, or under Section 1247.6 of the Business and Professions Code, shall, in addition to all other requirements, disclose as part of the application for the license or certificate any revocation or other final administrative action taken against a license, certificate, registration, or other approval to engage in a profession, vocation, or occupation, or a license or other permission to operate a facility or institution. (b) The department may consider, in determining whether to grant or deny the license or certification, any final revocation or other final administrative action taken against a license, certificate, registration, or other permission to engage in a profession, vocation, or occupation or a license or other permission to operate a facility or institution. (c) An applicant and any other person specified in this subdivision, as part of the background clearance process, shall provide information as to whether or not the person has any prior criminal convictions, has had any arrests within the past 12-month period, or has any active arrests, and shall certify that, to the best of his or her knowledge, the information provided is true. This requirement is not intended to duplicate existing requirements for individuals who are required to submit fingerprint images as part of a criminal background clearance process. Every applicant shall provide information on any prior administrative action taken against him or her by any federal, state, or local government agency and shall certify that, to the best of his or her knowledge, the information provided is true. An applicant or other person required to provide information pursuant to this section that knowingly or willfully makes false statements, representations, or omissions may be subject to administrative action, including, but not limited to, denial of his or her application or exemption or revocation of any exemption previously granted. (Amended by Stats. 2010, Ch. 328, Sec. 122. (SB 1330) Effective January 1, 2011.)
  181. 15.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

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    A required notice may be sent by prepaid mail to the person’s home or principal business in this State, unless another rule says otherwise.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 15. Unless expressly otherwise provided, any notice required to be given to any person by any provision of this code may be given by mailing notice, postage prepaid, addressed to the person to be notified, at his residence or principal place of business in this State. The affidavit of the person who mails the notice, stating the facts of such mailing, is prima facie evidence that the notice was thus mailed. (Enacted by Stats. 1939, Ch. 60.)
  182. 1500.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. )

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    This section says the chapter is called the California Community Care Facilities Act and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. ) ## 1500. This chapter shall be known and may be cited as the California Community Care Facilities Act. (Repealed and added by Stats. 1973, Ch. 1203.)
  183. 1501.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. )

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    The Legislature states a statewide community care system should provide quality care and services for people needing licensed or specially permitted facilities.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. ) ## 1501. (a) The Legislature hereby finds and declares that there is an urgent need to establish a coordinated and comprehensive statewide service system of quality community care for mentally ill, developmentally and physically disabled, and children and adults who require care or services by a facility or organization issued a license or special permit pursuant to this chapter. (b) Therefore, the Legislature declares it is the intent of the state to develop policies and programs designed to: (1) insure a level of care and services in the community which is equal to or better than that provided by the state hospitals; (2) assure that all people who require them are provided with the appropriate range of social rehabilitative, habilitative and treatment services, including residential and nonresidential programs tailored to their needs; (3) protect the legal and human rights of a person in or receiving services from a community care facility; (4) insure continuity of care between the medical-health elements and the supportive care-rehabilitation elements of California’s health systems; (5) insure that facilities providing community care are adequate, safe and sanitary; (6) assure that rehabilitative and treatment services are provided at a reasonable cost; (7) assure that state payments for community care services are based on a flexible rate schedule varying according to type and cost of care and services provided; (8) encourage the utilization of personnel from state hospitals and the development of training programs to improve the quality of staff in community care facilities; and (9) insure the quality of community care facilities by evaluating the care and services provided and furnishing incentives to upgrade their quality. (Amended by Stats. 1974, Ch. 497.)
  184. 1501.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. )

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    This section lets counties require agencies to actively seek suitable out-of-home care facilities, and it allows certain children to be placed in the same licensed facility if licensing and permit conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. ) ## 1501.1. (a) It is the policy of the state to facilitate the proper placement of every child in residential care facilities where the placement is in the best interests of the child. A county may require placement or licensing agencies, or both placement and licensing agencies, to actively seek out-of-home care facilities capable of meeting the varied needs of the child. Therefore, in placing children in out-of-home care, particular attention should be given to the individual child’s needs, the ability of the facility to meet those needs, the needs of other children in the facility, the licensing requirements of the facility as determined by the licensing agency, and the impact of the placement on the family reunification plan. (b) Pursuant to this section, children with varying designations and varying needs, including, on and after January 1, 2012, nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, and nonminors who meet the definition of “individuals with exceptional needs” as defined by Section 56026 of the Education Code, except as provided by statute, may be placed in the same facility provided the facility is licensed, complies with all licensing requirements relevant to the protection of the child, and has a special permit, if necessary, to meet the needs of each child so placed. A facility may not require, as a condition of placement, that a child be identified as an individual with exceptional needs as defined by Section 56026 of the Education Code. (c) Neither the requirement for any license nor any regulation shall restrict the implementation of the provisions of this section. Implementation of this section does not obviate the requirement for a facility to be licensed by the department. (d) Pursuant to this section, children with varying designations and varying needs, including, on and after January 1, 2012, nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, and nonminors who meet the definition of “individuals with exceptional needs” as defined by Section 56026 of the Education Code, except as provided by statute, may be placed in the same licensed foster family home or with a foster family agency for subsequent placement in a certified family home or with a resource family. Children, including nonminor dependents, with developmental disabilities, mental disorders, or physical disabilities may be placed in licensed foster family homes or certified family homes or with resource families, provided that an appraisal of the child’s or nonminor dependent’s needs and the ability of the receiving home to meet those needs is made jointly by the placement agency and the licensee in the case of licensed foster family homes or the placement agency and the foster family agency in the case of certified family homes or resource families, and is followed by written confirmation prior to placement. The appraisal shall confirm that the placement poses no threat to any child in the home. (e) (1) For purposes of this chapter, the placing of children by foster family agencies shall be referred to as “subsequent placement” to distinguish the activity from the placing by public agencies. (2) For purposes of this chapter, and unless otherwise specified, references to a “child” shall include a “nonminor dependent,” as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, “nonminor former dependent or ward,” as defined in paragraph (1) of subdivision (aa) of Section 11400 of the Welfare and Institutions Code, and nonminors who meet the definition of “individuals with exceptional needs” as defined by Section 56026 of the Education Code. (Amended by Stats. 2023, Ch. 273, Sec. 3. (AB 872) Effective January 1, 2024.)
  185. 1502.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. )

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    This section defines many community care facility types and related terms, and it sets a few operating conditions such as nonprofit status, accreditation, program standards, and maximum capacity for certain facilities.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. ) ## 1502. As used in this chapter: (a) “Community care facility” means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following: (1) “Residential facility” means any family home, group care facility, or similar facility determined by the department, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. (2) “Adult day program” means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis. (3) “Therapeutic day services facility” means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers. (4) “Foster family agency” means any public agency or private organization, organized and operated on a nonprofit basis, engaged in any of the following: (A) Recruiting, certifying, approving, and training of, and providing professional support to, foster parents and resource families. (B) Coordinating with county placing agencies to find homes for foster children in need of care. (C) Providing services and supports to licensed or certified foster parents, county-approved resource families, and children to the extent authorized by state and federal law. (5) “Foster family home” means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2. (6) “Small family home” means any residential facility, in the licensee’s family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity. (7) “Social rehabilitation facility” means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code. (8) (A) “Community treatment facility” means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code. (B) This section does not prohibit or discourage placement of persons who have mental or physical disabilities into any category of community care facility that meets the needs of the individual placed, if the placement is consistent with the licensing regulations of the department. (9) (A) “Full-service adoption agency” means any licensed entity engaged in the business of providing adoption services, that does all of the following: (i) Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child. (ii) Assesses the birth parents, prospective adoptive parents, or child. (iii) Places children for adoption. (iv) Supervises adoptive placements. (v) Recruits prospective adoptive parents, locates children for an adoption, or acts as an intermediary between the parties to an adoption. (B) Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according to Part 96 (commencing with Section 96.1) of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations. (10) (A) “Noncustodial adoption agency” means any licensed entity engaged in the business of providing adoption services, that does all of the following: (i) Assesses the prospective adoptive parents. (ii) Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved adoptive applicants. (iii) Cooperatively supervises adoption placements with a full-service adoptive agency, but does not disrupt a placement or remove a child from a placement. (iv) Recruits prospective adoptive parents, locates children for an adoption, or acts as an intermediary between the parties to an adoption. (B) Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing according to Part 96 (commencing with Section 96.1) of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations. (11) “Transitional shelter care facility” means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Program components shall be subject to program standards developed by the State Department of Social Services pursuant to Section 1502.3. (12) “Transitional housing placement provider” means an organization licensed by the department pursuant to Section 1559.110 to provide transitional housing to foster children who are at least 16 years of age to promote their transition to adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis. (13) “Group home” means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law. (14) “Youth homelessness prevention center” means a group home licensed by the department to operate a program pursuant to Section 1502.35 to provide voluntary, short-term, shelter and personal services to homeless youth, youth who are at risk of homelessness, youth who are exhibiting status offender behavior, or runaway youth, as defined in paragraph (2) of subdivision (a) of Section 1502.35. (15) “Enhanced behavioral supports home” means a facility certified by the State Department of Developmental Services pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding. (16) “Community crisis home” means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80), as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center, an acute general hospital, acute psychiatric hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the Welfare and Institutions Code, or an out-of-state placement. A community crisis home shall have a maximum capacity of eight consumers, as defined in subdivision (a) of Section 1567.80, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding. (17) “Crisis nursery” means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation. (18) “Short-term residential therapeutic program” means a residential facility operated by a public agency or private organization and licensed by the department pursuant to Section 1562.01 that provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour care and supervision to children that is trauma-informed, as defined in standards and regulations adopted by the department. The care and supervision provided by a short-term residential therapeutic program shall be nonmedical, except as otherwise permitted by law. Private short-term residential therapeutic programs shall be organized and operated on a nonprofit basis. A short-term residential therapeutic program may be operated as a children’s crisis residential program. (19) “Private alternative boarding school” means a group home licensed by the department to operate a program pursuant to Section 1502.2 to provide youth with 24-hour residential care and supervision, that, in addition to providing educational services to youth, provides, or holds itself out as providing, behavioral-based services to youth with social, emotional, or behavioral issues. The care and supervision provided by a private alternative boarding school shall be nonmedical, except as otherwise permitted by law. (20) “Private alternative outdoor program” means a group home licensed by the department to operate a program pursuant to Section 1502.21 to provide youth with 24-hour residential care and supervision, that provides, or holds itself out as providing, behavioral-based services in an outdoor living setting to youth with social, emotional, or behavioral issues. The care and supervision provided by a private alternative outdoor program shall be nonmedical, except as otherwise permitted by law. (21) “Children’s crisis residential program” means a facility licensed by the department as a short-term residential therapeutic program pursuant to Section 1562.02 and approved by the State Department of Health Care Services, or a county mental health plan to which the State Department of Health Care Services has delegated approval authority, to operate a children’s crisis residential mental health program with approval pursuant to Section 11462.011 of the Welfare and Institutions Code, to serve children experiencing mental health crises as an alternative to psychiatric hospitalization. (22) “Group home for children with special health care needs” means a group home certified by the State Department of Developmental Services pursuant to Article 3.5 (commencing with Section 4684.50) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code and licensed by the State Department of Social Services pursuant to Article 9 (commencing with Section 1567.50) of this code that provides 24-hour health care and intensive support services in a homelike setting. A group home for children with special health care needs shall have a maximum capacity of five children with developmental disabilities, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code. (b) “Department” or “state department” means the State Department of Social Services. (c) “Director” means the Director of Social Services. (Amended by Stats. 2023, Ch. 43, Sec. 16. (AB 120) Effective July 10, 2023.)
  186. 1502.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. )

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    This section requires the department to license private alternative boarding schools as group homes, and sets operating, training, reporting, and youth-rights rules for those schools.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. ) ## 1502.2. (a) Commencing January 1, 2018, the department shall license private alternative boarding schools, as defined in paragraph (19) of subdivision (a) of Section 1502, as a group home pursuant to this chapter. A licensed private alternative boarding school shall comply with all provisions of this chapter that are applicable to group homes, unless otherwise indicated, and with this section. (b) A licensed private alternative boarding school shall comply with all of the following: (1) It shall be owned and operated on a nonprofit basis by a private nonprofit corporation or a nonprofit organization. (2) It shall prepare and maintain a current written plan of operation, as defined by the department. (3) It shall offer 24-hour, nonmedical care and supervision to youth who voluntarily consent to being admitted to the program and who are voluntarily admitted by his or her parent or legal guardian. (4) (A) It shall not admit a child younger than 12 years of age. (B) It shall not admit a youth who has been assessed by a licensed mental health professional as seriously emotionally disturbed, unless the youth does not require care in a licensed health facility and the State Department of Health Care Services has certified the facility as a program that meets the standards to provide mental health treatment services for a child having a serious emotional disturbance, as set forth in Section 4096.5 of the Welfare and Institutions Code. (5) It shall provide each prospective youth and his or her parent or legal guardian with an accurate written description of the programs and services to be provided. If it advertises or promotes special care, programming, or environments for persons with behavioral, emotional, or social challenges, the written description shall include how its programs and services are intended to achieve the advertised or promoted claims. (6) It shall ensure that all individuals providing behavioral-based services to youth at the facility are licensed or certified by the appropriate agency, department, or accrediting body, as specified by the department in regulation. (7) It shall not use secure containment or manual or mechanical restraints. (8) If it offers access to, or holds itself out as offering access to, mental health services, it shall ensure that those services are provided by a licensed mental health provider. (9) If it advertises or includes in its marketing materials reference to providing alcohol or substance abuse treatment, it shall ensure that the treatment is provided by a licensed or certified alcoholism or drug abuse recovery or treatment facility. (c) A private alternative boarding school shall submit a staff training plan to the department as part of its plan of operation. In addition to the training required of group home staff, the staff training plan shall include, but not be limited to, training in all of the following subject areas: (1) Youth rights, as described in subdivision (d). (2) Physical and psychosocial needs of youth. (3) Appropriate responses to emergencies, including an emergency intervention plan. (4) Cultural competency and sensitivity in issues relating to the lesbian, gay, bisexual, and transgender communities. (5) Laws pertaining to residential care facilities for youth. (d) (1) A youth admitted to a licensed private alternative boarding school shall be accorded the following rights and any other rights adopted by the department in regulations, a list of which shall be publicly posted and accessible to youth. The personal rights enumerated in Section 84072 of Title 22 of the California Code of Regulations shall not apply. (A) To be accorded dignity in his or her personal relationships with staff, youth, and other persons. (B) To live in a safe, healthy, and comfortable environment where he or she is treated with respect. (C) To be free from physical, sexual, emotional, or other abuse, or corporal punishment. (D) To be granted a reasonable level of personal privacy in accommodations, personal care and assistance, and visits. (E) To confidential care of his or her records and personal information, and to approve release of those records before release, except as otherwise authorized or required by law. (F) To care, supervision, and services that meet his or her individual needs and that are delivered by staff who are sufficient in numbers, qualifications, and competency to meet his or her needs and ensure his or her safety. (G) To be served food and beverages of the quality and in the quantity necessary to meet his or her nutritional and physical needs. (H) (i) To present grievances and recommend changes in policies, procedures, and services to the facility’s staff, management, and governing authority, or any other person without restraint, coercion, discrimination, reprisal, or other retaliatory actions. (ii) To have the licensee take prompt actions to respond to grievances presented pursuant to clause (i). (I) To be able to contact parents or legal guardians, including visits and scheduled and unscheduled private telephone conversations, written correspondence, and electronic communications, unless prohibited by court order. (J) To be fully informed, as evidenced by the youth’s written acknowledgment, before, or at the time of, admission at the facility, of all the rules governing the youth’s conduct and responsibilities. (K) To receive in the admission agreement information that details the planned programs and services for the youth. (L) To have his or her parents or legal guardians remove him or her from the facility. (M) To consent to have visitors or telephone calls during reasonable hours, privately and without prior notice, if the visitors or telephone calls do not disrupt planned activities and are not prohibited by court order or by the youth’s parent or legal guardian. (N) To be free of corporal punishment, physical restraints of any kind, and deprivation of basic necessities, including education, as a punishment, deterrent, or incentive. (O) To have caregivers who have received instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care. (P) To be free from acts that seek to change his or her sexual orientation, including efforts to change his or her gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex. (Q) To have fair and equal access to all available services, placement, care, treatment, and benefits and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. (R) To be free from abusive, humiliating, degrading, or traumatizing actions. (2) Paragraph (1) shall not be interpreted to require a licensed private alternative boarding school to take any action that would impair the health or safety of youth in the facility. (e) (1) A licensed private alternative boarding school is not an eligible placement option pursuant to Section 319, 361.2, 450, or 727 of the Welfare and Institutions Code. (2) A licensed private alternative boarding school shall not be eligible for a rate pursuant to Section 11462 of the Welfare and Institutions Code. (f) This section does not apply to any facility operated, licensed, or certified by the Department of Corrections and Rehabilitation and its Division of Juvenile Justice, the California Conservation Corps, the Military Department, or any other governmental entity or to a boarding school that solely focuses on academics. (g) (1) On or before January 1, 2018, the department shall adopt regulations to implement this section, in consultation with interested parties, including representatives of private alternative boarding schools, former residents of private alternative boarding schools, and advocates for youth. Until regulations are adopted and become effective pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), a private alternative boarding school shall be governed by the regulations applicable to group homes in Chapter 5 (commencing with Section 84000) of Division 6 of Title 22 of the California Code of Regulations. (2) The department may adopt emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. (h) A private alternative boarding school operating before January 1, 2018, shall comply with licensing requirements on or before July 1, 2018. (i) For the purpose of this section, “youth” means a person who is 12 to 17 years of age, inclusive, or a person who is 18 years of age if he or she is completing high school or its equivalent. (Amended by Stats. 2017, Ch. 561, Sec. 104. (AB 1516) Effective January 1, 2018.)
  187. 1502.21.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. )

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    The department must license private alternative outdoor programs as group homes starting January 1, 2019, and licensed programs must meet detailed operating, staffing, training, and youth-rights requirements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. ) ## 1502.21. (a) Commencing January 1, 2019, the department shall license private alternative outdoor programs, as defined in paragraph (20) of subdivision (a) of Section 1502, as a group home pursuant to this chapter. A private alternative outdoor program shall comply with the provisions of this chapter that are applicable to group homes, unless otherwise indicated, and with this section. (b) A licensed private alternative outdoor program shall comply with all of the following: (1) It shall be owned and operated on a nonprofit basis by a private nonprofit corporation or a nonprofit organization. (2) It shall prepare and maintain a current, written plan of operation, as defined by the department. (3) It shall offer 24-hour, nonmedical care and supervision to youth who voluntarily consent to being admitted to the program and who are voluntarily admitted by his or her parent or legal guardian. (4) It shall have a ratio of one staff person to every four youths. (5) (A) It shall not admit a child who is younger than 12 years of age. (B) It shall not admit a youth who has been assessed by a licensed mental health professional as seriously emotionally disturbed, unless the youth does not require care in a licensed health facility and the State Department of Health Care Services has certified the program as a program that meets the standards to provide mental health treatment services for a child having a serious emotional disturbance, as set forth in Section 4096.5 of the Welfare and Institutions Code. (6) It shall provide each prospective youth and his or her parent or legal guardian with an accurate written description of the programs and services to be provided. If it advertises or promotes special care, programming, or environments for persons with behavioral, emotional, or social challenges, the written description shall include how its programs and services are intended to achieve the advertised or promoted claims. (7) It shall ensure that all individuals providing behavioral-based services to youth in the program are licensed or certified by the appropriate agency, department, or accrediting body, as specified by the department in regulation. (8) It shall not use secure containment or manual or mechanical restraints. (9) If it offers access to, or holds itself out as offering access to, mental health services, it shall ensure that those services are provided by a licensed mental health provider. (10) If it advertises or includes in its marketing materials reference to providing alcohol or substance abuse treatment, it shall ensure that the treatment is provided by a licensed or certified alcoholism or drug abuse recovery or treatment facility. (c) (1) In addition to the training required of group home staff by department regulations, a staff member of a licensed private alternative outdoor program who supervises youth shall receive an additional number of hours of initial and annual training, to be determined by the department in regulations developed in consultation with stakeholders. (2) A private alternative outdoor program shall submit a staff training plan to the department as part of its plan of operation. The staff training plan shall provide for the number of additional initial and annual training hours required by paragraph (1) and shall include, but not be limited to, training in all of the following subject areas: (A) Youth rights, as described in subdivision (d). (B) Physical and psychosocial needs of youth. (C) Appropriate responses to emergencies, including an emergency intervention plan. (D) Cultural competency and sensitivity in issues relating to the lesbian, gay, bisexual, and transgender communities. (E) Laws pertaining to residential care facilities for youth. (F) Low-impact camping. (G) Navigation skills. (H) Water, food, and shelter procurement. (I) Recognition of poisonous plants. (J) Wilderness first aid. (K) Health issues related to acclimation and exposure. (L) Report writing and log maintenance. (d) (1) A youth admitted to a licensed private alternative outdoor program shall be accorded the following rights and any other rights adopted by the department by regulation, a list of which shall be publicly posted and accessible to youth. The personal rights enumerated in Section 84072 of Title 22 of the California Code of Regulations shall not apply. (A) To be accorded dignity in his or her personal relationships with staff, youth, and other persons. (B) To live in a safe, healthy, and comfortable environment where he or she is treated with respect. (C) To be free from physical, sexual, emotional, or other abuse, or corporal punishment. (D) To be granted a reasonable level of personal privacy in accommodations, personal care and assistance, and visits. (E) To confidential care of his or her records and personal information, and to approve release of those records before release, except as otherwise authorized or required by law. (F) To care, supervision, and services that meet his or her individual needs and that are delivered by staff who are sufficient in numbers, qualifications, and competency to meet his or her needs and ensure his or her safety. (G) To be served food and beverages of the quality and in the quantity necessary to meet his or her nutritional and physical needs. (H) (i) To present grievances and recommend changes in policies, procedures, and services to the program’s staff, management, and governing authority, or any other person without restraint, coercion, discrimination, reprisal, or other retaliatory actions. (ii) To have the licensee take prompt actions to respond to grievances presented pursuant to clause (i). (I) To be able to contact parents or legal guardians, including visits and scheduled and unscheduled private telephone conversations, written correspondence, and electronic communications, unless prohibited by court order. (J) To be fully informed, as evidenced by the youth’s written acknowledgment, before, or at the time of, admission in the program, of all the rules governing the youth’s conduct and responsibilities. (K) To receive in the admission agreement information that details the planned programs and services for the youth. (L) To have his or her parents or legal guardians remove him or her from the program. (M) To consent to have visitors or telephone calls during reasonable hours, privately and without prior notice, provided the visitors or telephone calls do not disrupt planned activities and are not prohibited by court order or by the youth’s parent or legal guardian. (N) To be free of corporal punishment, physical restraints of any kind, and deprivation of basic necessities, including education, as a punishment, deterrent, or incentive. (O) To have caregivers who have received instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care. (P) To be free from acts that seek to change his or her sexual orientation, including efforts to change his or her gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex. (Q) To have fair and equal access to all available services, placement, care, treatment, and benefits and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. (R) To be free from abusive, humiliating, degrading, or traumatizing actions. (2) Paragraph (1) shall not be interpreted to require a licensed private alternative outdoor program to take any action that would impair the health or safety of youth in the program. (e) (1) A licensed private alternative outdoor program is not an eligible placement option pursuant to Section 319, 361.2, 450, or 727 of the Welfare and Institutions Code. (2) A licensed private alternative outdoor program shall not be eligible for a rate pursuant to Section 11462 of the Welfare and Institutions Code. (f) This section does not apply to programs operated, licensed, or certified by the Department of Corrections and Rehabilitation and its Division of Juvenile Justice, the California Conservation Corps, or the Military Department, programs operated by any governmental entity, any organized camp as defined in Section 18897, outdoor activities for youth designed to be primarily recreational, including, but not limited to, activities organized by Outward Bound, Boy Scouts, Girl Scouts, Camp Fire, or other similar organizations, or any camp exclusively serving children with a medical diagnosis for a physical condition or illness, including, but not limited to, cancer, muscular dystrophy, or burn injuries. (g) (1) On or before January 1, 2019, the department shall adopt regulations to implement this section in consultation with interested parties, including representatives of private alternative outdoor programs, former participants in private alternative outdoor programs, and advocates for youth. Regulations adopted pursuant to this section shall be contained in the regulations applicable to group homes in Chapter 5 (commencing with Section 84000) of Division 6 of Title 22 of the California Code of Regulations. (2) The department may adopt emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. (h) A private alternative outdoor program operating before January 1, 2019, shall comply with licensing requirements on or before July 1, 2019. (i) For the purpose of this section, “youth” means a person who is 12 to 17 years of age, inclusive, or a person who is 18 years of age if he or she is completing high school or its equivalent. (Amended by Stats. 2017, Ch. 561, Sec. 105. (AB 1516) Effective January 1, 2018.)
  188. 1502.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. )

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    This section says a transitional shelter care facility counts as a community care facility and sets the conditions for that type of program. It also requires the licensee to accept county-referred children, limits discharge without county permission, and requires a flexible program for a highly variable population and sibling groups.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. ) ## 1502.3. For purposes of this chapter, a “community care facility,” pursuant to Section 1502, includes a transitional shelter care facility. A “transitional shelter care facility” means a short-term residential care program that meets all of the following requirements: (a) It is owned by the county, and operated by the county or by a private nonprofit organization under contract to the county. (b) It is a group care facility that provides for 24-hour nonmedical care of children who are in need of personal services, supervision, or assistance that is essential for sustaining the activities of daily living, or for the protection of the individual on a short-term basis. As used in this section, “short-term” means up to 90 days from the date of admission. (c) It is for the sole purpose of providing care for children who have been removed from their homes as a result of abuse or neglect, or both; for children who have been adjudged wards of the court; and, for children who are seriously emotionally disturbed children. For purposes of this subdivision, “abuse or neglect” means the same as defined in Section 300 of the Welfare and Institutions Code. For purposes of this subdivision, “wards of the court” means the same as defined in Section 602 of the Welfare and Institutions Code. For purposes of this subdivision, “seriously emotionally disturbed children” means the same as defined in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code. (d) It primarily serves children who have previously been placed in a community care facility and are awaiting placement into a different community care facility that is appropriate to their needs. Children residing in transitional shelter care facilities may include children who are very difficult to place in appropriate community care facilities because of factors which may be present in combination, including: threatening, aggressive, suicide, runaway or destructive behaviors and behaviors as defined in Section 5600.3 of the Welfare and Institutions Code. (e) Based upon an agreement with the county, the licensee shall agree to accept, for placement into its transitional shelter care program, all children referred by the county. (f) The licensee shall not discharge any child without the permission of the county, except when a child: (1) Commits an unlawful act and the child must be detained in a juvenile institution. (2) Requires either of the following: (A) Physical health care in an acute care hospital. (B) Mental health services in an acute psychiatric hospital. (g) The licensee shall provide a program that is designed to be flexible enough to care for a highly variable population size and shall allow for the special needs of sibling groups. (Amended by Stats. 2017, Ch. 732, Sec. 4. (AB 404) Effective January 1, 2018.)
  189. 1502.35.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. )

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    The department must license youth homelessness prevention centers as group homes, and centers must meet staffing, capacity, safety, reporting, and nondiscrimination requirements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. ) ## 1502.35. (a) The department shall license a youth homelessness prevention center as a group home pursuant to this section. A youth homelessness prevention center shall meet all of the following requirements: (1) The center shall offer short-term, 24-hour, nonmedical care and supervision and personal services to youth who voluntarily enter the center. As used in this paragraph, “short-term” means no more than 90 consecutive days from the date of admission. (2) The center shall serve homeless youth, youth at risk of homelessness, youth exhibiting status offender behavior, and runaway youth. (A) “Homeless youth” means a youth 12 to 17 years of age, inclusive, or 18 years of age if the youth is completing high school or its equivalent, who is in need of services and without a place of shelter. (B) “Runaway youth” means a youth 12 to 17 years of age, inclusive, or 18 years of age if the youth is completing high school or its equivalent, who absents themself from home or place of legal residence without the permission of their family, legal guardian, or foster parent. (C) “Youth at risk of homelessness” means a youth 12 to 17 years of age, inclusive, or 18 years of age if the youth is completing high school or its equivalent, to whom one or more of the following circumstances apply: (i) Identification as lesbian, gay, bisexual, transgender, queer, or questioning (LGBTQ). (ii) Financial stress, including, but not limited to, stress due to their own or family loss of income, low income, gambling, or change of family circumstances. (iii) Housing affordability stress or housing crisis, including, but not limited to, pending evictions or foreclosures of the current home, or rental or mortgage arrears. (iv) Inadequate or inappropriate dwelling conditions, including, but not limited to, accommodations that are unsafe, unsuitable, or overcrowded. (v) Loss of previous housing accommodation. (vi) Relationship or family breakdown. (vii) Child abuse, neglect, or living in an environment where children are at risk of child abuse or neglect. (viii) Sexual abuse. (ix) Domestic or family violence. (x) Nonfamily violence. (xi) Mental health issues or other health problems. (xii) Problematic alcohol, drug, or substance use. (xiii) Employment difficulties or unemployment. (xiv) Problematic gambling. (xv) Transitions from custodial and care arrangements, including, but not limited to, out-of-home care, independent living arrangements for children under 18 years of age, or health and mental health care facilities or programs. (xvi) Discrimination, including, but not limited to, racial discrimination. (xvii) Disengagement with school or other education and training. (xviii) Involvement in, or exposure to, criminal activities. (xix) Antisocial behavior. (xx) Lack of family or community support. (xxi) Staying in boarding housing for 12 weeks or more without security of tenure. (D) “Youth exhibiting status offender behavior” means a youth 12 to 17 years of age, inclusive, or 18 years of age if the youth is completing high school or its equivalent, who persistently or habitually refuses to obey the reasonable and proper orders or directions of their parents, guardian, or custodian, or who is beyond the control of that person, or who violates an ordinance of a city or county establishing a curfew based solely on age. (3) The center shall have a maximum capacity of 25 youths. (4) The center shall have a ratio of one staff person to every eight youths. For purposes of this paragraph, a volunteer may be counted in the staff-to-youth ratio if the volunteer has satisfied the same training requirements as a paid center staff member and other requirements set forth in regulations, and a paid center staff member is present during the time the volunteer is on duty. (5) Bunk beds may be permitted in the center, but shall not consist of more than two tiers. (6) The center shall be owned and operated on a nonprofit basis by a private nonprofit corporation, a nonprofit organization, or a public agency. (b) Center staff shall, prior to admission into the center, determine if a youth poses a threat to self or others in the center. A youth may not be admitted into the center if it is determined that the youth poses such a threat. (c) An assessment shall not be required for admission, but center staff shall assess youth served within 72 hours of admission to the center. (d) Center staff shall assist youth served in obtaining emergency health-related services. (e) The center shall establish procedures to assist youth in securing long-term stability that includes all of the following: (1) Reconnecting the youth with their family, legal guardian, or nonrelative extended family members when possible to do so. (2) Coordinating with appropriate individuals, local government agencies, or organizations to help foster youth secure a suitable foster care placement. (f) The center shall ensure all youth at the center have fair and equal access to services, care, and treatment provided by the center, and are not subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. (g) Prior to employment or interaction with youth at a youth homelessness prevention center, all persons specified in subdivision (b) of Section 1522 shall complete a criminal record review pursuant to Section 1522 and a Child Abuse Central Index check pursuant to Section 1522.1. (h) A youth homelessness prevention center shall collect and maintain all of the following information in a monthly report, in a format specified by the department, and make the report available to the department upon request: (1) Total number of youth served per month. (2) Age of each youth served. (3) Length of stay of each youth served. (4) Number of times a youth accesses the center and services at the center. (i) Notwithstanding Section 1522.43, the department shall not require a youth homelessness prevention center to maintain a needs and services plan, as defined in Section 84001 of Title 22 of the California Code of Regulations, for a youth served. This subdivision does not preclude the department from requiring a youth homelessness prevention center to maintain an assessment, as defined by the department, for youths served. (j) The department may license a center pursuant to this section if the center is operating in two physical locations on or before January 1, 2013, with only one physical location providing overnight residential care, and the center meets the requirements of this section. If a center described in this subdivision is licensed pursuant to this section, the department shall permit the center to retain its two physical locations and issue a license for each physical location. (k) A youth homelessness prevention center is not an eligible placement option pursuant to Sections 319, 361.2, 450, and 727 of the Welfare and Institutions Code. (l) A youth homelessness prevention center’s program shall not be eligible for a rate pursuant to Section 11462 of the Welfare and Institutions Code. This does not preclude a center from receiving reimbursement for providing services to a foster youth, as may be provided at the discretion of a county. (m) The department shall adopt regulations to implement this section, in consultation with interested parties, including representatives of provider organizations that serve homeless or runaway youth. The regulations developed pursuant to this subdivision shall be contained in the regulations for group homes found in Chapter 5 (commencing with Section 84000) of Division 6 of Title 22 of the California Code of Regulations. (n) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement the applicable provisions of this section by publishing information releases or similar instructions from the director until the regulations adopted by the department pursuant to subdivision (m) become effective. (Amended by Stats. 2020, Ch. 370, Sec. 196. (SB 1371) Effective January 1, 2021.)
  190. 1502.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. )

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    A licensed short-term residential therapeutic program may only place a child if the child does not need inpatient care in a licensed health facility and has been assessed under the cited Welfare and Institutions Code section as meeting placement criteria.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. ) ## 1502.4. (a) A licensed short-term residential therapeutic program, as defined in paragraph (18) of subdivision (a) of Section 1502, may only accept for placement a child who does not require inpatient care in a licensed health facility and who has been assessed pursuant to Section 11462.01 of the Welfare and Institutions Code as meeting the applicable criteria for placement in a short-term residential therapeutic program. (b) For the purposes of this chapter, the following definitions shall apply: (1) “Health facility” has the meaning set forth in Section 1250. (2) “Seriously emotionally disturbed” has the same meaning as that term is used in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code. (c) The department shall not evaluate, nor have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section. (d) This section shall become operative on January 1, 2017. (Amended (as added by Stats. 2015, Ch. 773, Sec. 8) by Stats. 2016, Ch. 612, Sec. 16. (AB 1997) Effective January 1, 2017.)
  191. 1502.45.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. )

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    A group home for children may place and care for only seriously emotionally disturbed children, and if the placement is in certain level 13 or 14 programs, the licensee and program must meet additional assessment and certification requirements. The department is barred from evaluating those treatment services.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. ) ## 1502.45. (a) (1) Notwithstanding Section 1502.4, a community care facility licensed as a group home for children pursuant to this chapter may only accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed as long as the child does not need inpatient care in a licensed health facility, as defined in Section 1250. (2) For the purpose of this section, the following definitions shall apply: (A) “Health facility” has the meaning set forth in Section 1250. (B) “Seriously emotionally disturbed” has the same meaning as that term is used in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code. (b) If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.015 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements: (1) The licensee shall agree to accept, for placement into its group home program, only children who have been assessed as seriously emotionally disturbed by either of the following: (A) An interagency placement committee, as described in Section 4096.1 of the Welfare and Institutions Code or by a licensed mental health professional, as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code. (B) A licensed mental health professional, as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code, if the child is privately placed or only county funded. (2) The program is certified by the State Department of Health Care Services, pursuant to Section 4096.55 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children. (c) The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section. (Amended by Stats. 2018, Ch. 910, Sec. 2. (AB 1930) Effective January 1, 2019.)
  192. 1502.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. )

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    Residential care facilities for the elderly are not treated as community care facilities and are governed only by the California Residential Care Facilities for the Elderly Act.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. ) ## 1502.5. Notwithstanding Section 1502, residential care facilities for the elderly, as defined in Section 1569.2, shall not be considered community care facilities and shall be subject only to the California Residential Care Facilities for the Elderly Act (Chapter 3.2 (commencing with Section 1569)). (Amended by Stats. 1989, Ch. 1360, Sec. 83.)
  193. 1502.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. )

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    The department must deny or revoke a private adoption agency license unless the applicant or licensee shows it continuously employs a qualified executive director or supervisor with the required child welfare and adoption social work experience.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. ) ## 1502.6. The department shall deny a private adoption agency a license, or revoke an existing private adoption agency license, unless the applicant or licensee demonstrates that it currently and continuously employs either an executive director or a supervisor who has had at least five years of full-time social work employment in the field of child welfare as described in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9 of the Welfare and Institutions Code or Division 13 (commencing with Section 8500) of the Family Code, two years of which shall have been spent performing adoption social work services in either the department or a licensed California adoption agency. (Amended by Stats. 1999, Ch. 83, Sec. 102. Effective January 1, 2000.)
  194. 1502.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. )

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    The department must revise licensing regulations for certain foster family homes and community care facilities, and emergency regulations may be adopted to implement the section.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. ) ## 1502.7. (a) On or before July 1, 2012, the department, in consultation with representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the California Youth Connection, the Judicial Council, former foster youth, child advocacy organizations, dependency counsel for children, juvenile justice advocacy organizations, foster caregiver organizations, labor organizations, and representatives of tribes, shall revise regulations regarding health and safety standards for licensing foster family homes and community care facilities in which nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, of the juvenile court are placed under the responsibility of the county welfare or probation department or an Indian tribe that entered into an agreement pursuant to Section 10553.1 of the Welfare and Institutions Code. (b) The regulations shall recognize the status of nonminor dependents as legal adults. At a minimum, the regulations shall provide both of the following: (1) That nonminors described in subdivision (a) shall have the greatest amount of freedom that will safely prepare them for self-sufficiency. (2) That nonminors described in subdivision (a) in a community care facility shall not be subject to criminal background clearances pursuant to Sections 1522 and 1522.1, for the purposes of facility licensing. (c) Notwithstanding the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall, in consultation with the stakeholders listed in subdivision (a), prepare for implementation of the applicable provisions of this section by publishing all-county letters or similar instructions from the director by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement this section may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days. (Added by Stats. 2010, Ch. 559, Sec. 4. (AB 12) Effective January 1, 2011.)
  195. 1502.8.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. )

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    The department must adopt regulations that are consistent with a cited Welfare and Institutions Code provision.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. California Community Care Facilities Act [1500 - 1567.94] ( Chapter 3 repealed and added by Stats. 1973, Ch. 1203. ) ## ARTICLE 1. General Provisions [1500 - 1518] ( Article 1 added by Stats. 1973, Ch. 1203. ) ## 1502.8. The department shall adopt regulations consistent with paragraph (24) of subdivision (a) of Section 16001.9 of the Welfare and Institutions Code. (Added by Stats. 2015, Ch. 805, Sec. 1. (SB 731) Effective January 1, 2016.)
  196. 150200.

    ## Health and Safety Code - HSC ## DIVISION 116. SURPLUS MEDICATION COLLECTION AND DISTRIBUTION [150200 - 150208] ( Division 116 added by Stats. 2005, Ch. 444, Sec. 1. )

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    The Legislature says this division is meant to allow a voluntary drug repository and distribution program for surplus medications.

    ## Health and Safety Code - HSC ## DIVISION 116. SURPLUS MEDICATION COLLECTION AND DISTRIBUTION [150200 - 150208] ( Division 116 added by Stats. 2005, Ch. 444, Sec. 1. ) ## 150200. It is the intent of the Legislature in enacting this division to authorize the establishment of a voluntary drug repository and distribution program for the purpose of distributing surplus medications to persons in need of financial assistance to ensure access to necessary pharmaceutical therapies. It is also the intent of the Legislature that the health and safety of Californians are protected and promoted through this program, while reducing unnecessary waste at licensed health and care facilities, by allowing those facilities to donate unused and unexpired medications that were never in the hands of a patient or resident and for which no credit or refund to the patient or resident could be received. (Amended by Stats. 2012, Ch. 709, Sec. 1. (SB 1329) Effective January 1, 2013.)
  197. 150201.

    ## Health and Safety Code - HSC ## DIVISION 116. SURPLUS MEDICATION COLLECTION AND DISTRIBUTION [150200 - 150208] ( Division 116 added by Stats. 2005, Ch. 444, Sec. 1. )

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    This section defines key terms used in the surplus medication collection and distribution division.

    ## Health and Safety Code - HSC ## DIVISION 116. SURPLUS MEDICATION COLLECTION AND DISTRIBUTION [150200 - 150208] ( Division 116 added by Stats. 2005, Ch. 444, Sec. 1. ) ## 150201. For purposes of this division: (a) “Donor organization” means an entity described in subdivision (a) of Section 150202. (b) “Eligible entity” means all of the following: (1) A licensed pharmacy, as defined in subdivision (a) of Section 4037 of the Business and Professions Code, that is county owned or that contracts with the county pursuant to this division and is not on probation with the California State Board of Pharmacy. (2) A licensed pharmacy, as defined in subdivision (a) of Section 4037 of the Business and Professions Code, that is owned and operated by a primary care clinic, as defined in Section 1204, that is licensed by the State Department of Public Health and is not on probation with the California State Board of Pharmacy. (3) A primary care clinic, as defined in Section 1204, that is licensed by the State Department of Public Health and licensed to administer and dispense drugs pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 4180 of the Business and Professions Code and is not on probation with the California State Board of Pharmacy. (c) “Medication” or “medications” means a dangerous drug, as defined in Section 4022 of the Business and Professions Code. (d) “Participating entity” means an eligible entity that has received written or electronic documentation from the county health department pursuant to paragraph (3) of subdivision (a) of Section 150204 and that operates a repository and distribution program pursuant to this division. (Amended by Stats. 2014, Ch. 10, Sec. 3. (AB 467) Effective April 9, 2014.)
  198. 150202.

    ## Health and Safety Code - HSC ## DIVISION 116. SURPLUS MEDICATION COLLECTION AND DISTRIBUTION [150200 - 150208] ( Division 116 added by Stats. 2005, Ch. 444, Sec. 1. )

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    This section defines which facilities and entities count as a donor organization for surplus medication, and it sets conditions for donated medication to qualify.

    ## Health and Safety Code - HSC ## DIVISION 116. SURPLUS MEDICATION COLLECTION AND DISTRIBUTION [150200 - 150208] ( Division 116 added by Stats. 2005, Ch. 444, Sec. 1. ) ## 150202. (a) Notwithstanding any other law, a donor organization is defined, for purposes of this division, to refer to the following facilities, hospitals, and entities that legally possess centrally stored, unused medication: (1) A licensed general acute care hospital, as defined in Section 1250. (2) A licensed acute psychiatric hospital, as defined in Section 1250. (3) A licensed skilled nursing facility, as defined in Section 1250, including a skilled nursing facility designated as an institution for mental disease. (4) A licensed intermediate care facility, as defined in Section 1250. (5) A licensed intermediate care facility/developmentally disabled-habilitative facility, as defined in Section 1250. (6) A licensed intermediate care facility/developmentally disabled-nursing facility, as defined in Section 1250. (7) A licensed correctional treatment center, as defined in Section 1250. (8) A licensed psychiatric health facility, as defined in Section 1250.2. (9) A licensed chemical dependency recovery hospital, as defined in Section 1250.3. (10) A licensed residential care facility for the elderly, as defined in Section 1569.2, with 16 or more residents. (11) An approved mental health rehabilitation center, as described in Section 5675 of the Welfare and Institutions Code. (12) An eligible entity, as defined in subdivision (b) of Section 150201. (13) A juvenile facility, as described in Section 208.3 of the Welfare and Institutions Code. (14) A local detention facility, as described in Section 6031.4 of the Penal Code. (15) A facility that is any of the following: (A) Licensed by the State Department of Social Services. (B) Licensed by the State Department of Public Health. (C) Licensed by the State Department of Health Care Services. (D) Licensed by or under the jurisdiction of the Department of Corrections and Rehabilitation. (E) Licensed by or under the jurisdiction of the Division of Juvenile Justice. (16) A licensed home health agency, as defined in Section 1725. (17) A licensed hospice agency, as defined in Section 1745. (18) A licensed hospice facility, as defined in subdivision (n) of Section 1250. (b) Medication donated by facilities pursuant to subdivision (a) shall meet the requirements of subdivisions (c) and (d) of Section 150204 and shall be unexpired medication that would have otherwise been destroyed by the facility or another appropriate entity. (c) Medication eligible for donation by facilities pursuant to subdivision (a) shall be directly delivered from the dispensing pharmacy, wholesaler or manufacturer, to the facility and subsequently centrally stored. Centrally stored medication that originated from a patient or resident is not eligible for donation under this division. (Amended by Stats. 2022, Ch. 886, Sec. 1. (SB 1346) Effective January 1, 2023.)
  199. 150202.5.

    ## Health and Safety Code - HSC ## DIVISION 116. SURPLUS MEDICATION COLLECTION AND DISTRIBUTION [150200 - 150208] ( Division 116 added by Stats. 2005, Ch. 444, Sec. 1. )

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    A California-licensed pharmacy not on probation may donate certain unused, unexpired medication if the statute’s conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 116. SURPLUS MEDICATION COLLECTION AND DISTRIBUTION [150200 - 150208] ( Division 116 added by Stats. 2005, Ch. 444, Sec. 1. ) ## 150202.5. Notwithstanding any other law, a pharmacy, licensed in California and not on probation with the California State Board of Pharmacy may donate unused, unexpired medication that meets the requirements of subdivisions (c) and (d) of Section 150204, under a program established pursuant to this division and that meets either of the following requirements: (a) The medication was received directly from a manufacturer or wholesaler. (b) The medication was returned from a health facility to the issuing pharmacy, in a manner consistent with state and federal law. (Amended by Stats. 2022, Ch. 886, Sec. 2. (SB 1346) Effective January 1, 2023.)
  200. 150203.

    ## Health and Safety Code - HSC ## DIVISION 116. SURPLUS MEDICATION COLLECTION AND DISTRIBUTION [150200 - 150208] ( Division 116 added by Stats. 2005, Ch. 444, Sec. 1. )

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    Certain licensed wholesalers and authorized drug manufacturers may donate unused medications through a county voluntary drug repository and distribution program.

    ## Health and Safety Code - HSC ## DIVISION 116. SURPLUS MEDICATION COLLECTION AND DISTRIBUTION [150200 - 150208] ( Division 116 added by Stats. 2005, Ch. 444, Sec. 1. ) ## 150203. Notwithstanding any other provision of law, a wholesaler licensed pursuant to Article 11 (commencing with Section 4160) of Chapter 9 of Division 2 of the Business and Professions Code and a drug manufacturer that is legally authorized under federal law to manufacture and sell pharmaceutical drugs may donate unused medications under the voluntary drug repository and distribution program established by a county pursuant to this division. (Added by Stats. 2005, Ch. 444, Sec. 1. Effective January 1, 2006.)

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