Health and Safety Code — Part 41 | HSC — United States — California law | Esheria

Health and Safety Code

Part 41 of 87 · provisions 8,001–8,200

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

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About this statute

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

Showing 200 of 17,333

  1. 1569.331.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The department must report projected costs for annual inspections of residential care facilities for the elderly at the 2015–16 budget subcommittee hearings.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.331. The Legislature hereby finds and declares that in order to protect the health and safety of elders in care at residential care facilities for the elderly, appropriate oversight and regulation of residential care facilities for the elderly requires regular, periodic inspections of these facilities in addition to investigations in response to complaints. It is the intent of the Legislature to increase the frequency of unannounced inspections pursuant to Section 1569.33. In addition to the information that the State Department of Social Services is required to report during the 2015–16 legislative budget subcommittee hearings pursuant to Section 85 of Chapter 29 of the Statutes of 2014, the department shall also at that time report the projected costs of conducting annual inspections of residential care facilities for the elderly beginning January 1, 2018. (Added by Stats. 2014, Ch. 704, Sec. 2. (SB 895) Effective January 1, 2015.)
  2. 1569.335.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The department must notify the Long-Term Care Ombudsman and placement agencies in specified license-suspension, revocation, and violation cases, with follow-up and monthly updates in some appeals.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.335. (a) The department shall provide the Office of the State Long-Term Care Ombudsman, as defined in subdivision (c) of Section 9701 of the Welfare and Institutions Code, with a precautionary notification if the department begins to prepare to issue a temporary suspension or revocation of any license, so that the office may properly prepare to provide advocacy services if and when necessary. (b) The department shall notify affected public placement agencies and the Office of the State Long-Term Care Ombudsman whenever the department substantiates that a violation has occurred that poses a serious threat to the health and safety of any resident when the violation results in the assessment of any penalty or causes an accusation to be filed for the revocation of a license. (c) (1) If the violation is appealed by the facility within 15 business days, the department shall only notify placement agencies of the violation when the appeal has been exhausted. (2) If the appeal process has not been completed within 60 days, the placement agency shall be notified with a notation that indicates that the case is still under appeal. (3) The notice to each placement agency shall be updated monthly for the following 24-month period and shall include the name and location of the facility, the amount of the fine, the nature of the violation, the corrective action taken, the status of the revocation, and the resolution of the complaint. (Amended by Stats. 2016, Ch. 823, Sec. 6. (AB 2231) Effective January 1, 2017.)
  3. 1569.34.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The director may contract for personal services to carry out inspections or consultations for residential care facilities for the elderly, and the department must create an interdisciplinary advisory team by December 1, 1986.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.34. The director shall have the authority to contract for personal services as required in order to perform inspections of, or consultation with, residential care facilities for the elderly. The department shall establish by December 1, 1986, within the department an interdisciplinary team of professionals to advise the department on implementation of this chapter and to be available in crisis situations to assist local licensing evaluators on the needs of elderly residents in facilities. This team shall include at least a geriatric nurse practitioner or a public health nurse with geriatric experience and a social worker with related experience. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
  4. 1569.345.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The department must provide inspection report copies for residential care facilities for the elderly when requested by the State Long-Term Care Ombudsman or approved organizations of that office.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.345. Upon request, the department shall provide the Office of the State Long-Term Care Ombudsman and any approved organizations of the office with copies of inspection reports for residential care facilities for the elderly. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
  5. 1569.35.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    Any person may complain to the department to request an investigation of a residential care facility for the elderly. The department must review complaints, may delay inspection in certain cases, and must notify the complainant of the outcome on a set timeline.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.35. (a) Any person may request an investigation of a residential care facility for the elderly in accordance with this chapter by making a complaint to the department alleging a violation of applicable requirements prescribed by statutes or regulations of this state, including, but not limited to, a denial of access of any person authorized to enter the facility pursuant to Section 9722 of the Welfare and Institutions Code. A complaint may be made either orally or in writing. (b) The substance of the complaint shall be provided to the licensee no earlier than at the time of the inspection. Unless the complainant specifically requests otherwise, neither the substance of the complaint provided the licensee nor any copy of the complaint or any record published, released, or otherwise made available to the licensee shall disclose the name of any person mentioned in the complaint except the name of any duly authorized officer, employee, or agent of the department conducting the investigation or inspection pursuant to this chapter. (c) (1) Upon receipt of a complaint, other than a complaint alleging denial of a statutory right of access to a residential care facility for the elderly, the department shall make a preliminary review and, unless the department determines that the complaint is willfully intended to harass a licensee or is without any reasonable basis, it shall make an onsite inspection within 10 days after receiving the complaint except where the visit would adversely affect the licensing investigation or the investigation of other agencies, including, but not limited to, law enforcement agencies. In either event, the complainant shall be promptly informed of the department’s proposed course of action. (2) If a local long-term care ombudsman or the State Long-Term Care Ombudsman files a complaint alleging denial of a statutory right of access to a residential care facility for the elderly under Section 9722 of the Welfare and Institutions Code, the department shall give priority to the complaint pursuant to Section 9721 of the Welfare and Institutions Code and notify the Office of the State Long-Term Care Ombudsman that an investigation has been initiated pursuant to this section. (3) Prior to conducting an onsite investigation pursuant to this section, the department shall make a good faith effort, documented in writing, to contact and interview the complainant and inform the complainant of the department’s proposed course of action and the relevant deadline for the department to complete its investigation. To the extent practicable, the officer, employee, or agent of the department who will conduct the investigation shall be the representative who interviews and makes contact with the complainant. (d) Within 10 business days of completing the investigation of a complaint under this section, the department shall notify the complainant in writing of the department’s determination as a result of the investigation. (Amended by Stats. 2015, Ch. 486, Sec. 4. (AB 1387) Effective January 1, 2016.)
  6. 1569.351.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The department must make correction plans verifiable and measurable, record acceptable evidence in the facility file, identify serious uncorrected violations in licensing reports, and finish complaint investigations with a final note in the facility file even if the license was voluntarily surrendered.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.351. (a) The department shall ensure that the licensee’s plan of correction is verifiable and measurable. The plan of correction shall specify what evidence is acceptable to establish that a deficiency has been corrected. This evidence shall be included in the department’s facility file. (b) The department shall specify in its licensing report all violations that, if not corrected, will have a direct and immediate risk to the health, safety, or personal rights of residents in care. (c) The department shall complete all complaint investigations and place a note of final conclusion in the department’s facility file, regardless of whether the licensee voluntarily surrendered the license. (Added by Stats. 2008, Ch. 291, Sec. 14. Effective September 25, 2008.)
  7. 1569.355.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The director must establish an automated license information system for licensed residential care facilities for the elderly.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.355. The director shall establish an automated license information system on licensees and former licensees of licensed residential care facilities for the elderly. The system shall maintain a record of any information that may be pertinent, as determined by the director, for licensure under this chapter. This information may include, but is not limited to, the licensees’ addresses, telephone numbers, violations of any laws related to the care of clients in a residential care facility for the elderly, licenses, revocation of any licenses and, to the extent permitted by federal law, social security numbers. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
  8. 1569.356.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The department must post specified residential care facility profile information on its website when its computer system can handle the extra information.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.356. To the extent that the department’s computer system can electronically accommodate additional residential care facility for the elderly profile information, the department shall post on its Internet Web site the current name, business address, and telephone number of the licensee, the name of the owner of the residential care facility for the elderly, if not the same as the licensee, the name of any parent organization, the licensed capacity of the facility, including the capacity for nonambulatory residents, whether the facility is permitted to accept and retain residents receiving hospice care services, whether the facility has a special care unit or program for people with Alzheimer’s disease and other dementias and has a delayed egress or secured perimeter system in place, or both, and information required pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 1569.15. (Added by Stats. 2015, Ch. 628, Sec. 4. (AB 601) Effective January 1, 2016.)
  9. 1569.36.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The department must send certain complaint-related notices to the state ombudsman, and to a local ombudsman if there is one, before a facility license expires, and must give facilities the ombudsman names and addresses.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.36. (a) Not less than 30 days prior to the expiration date of any residential care facility for the elderly license, the department shall transmit a copy to the state ombudsman in the Department of Aging as well as the local ombudsman, if one exists, of all notices sent to the facility by the department during the term of the current license as a result of a substantiated complaint regarding a violation of any of the provisions of this chapter relating to resident abuse and neglect, food, sanitation, incidental medical care, and residential supervision. During that one-year period the copy of the notices transmitted and the proof of the transmittal shall be open for public inspection. (b) The department shall provide the names and addresses of the state ombudsman in the Department of Aging and, where applicable, the local ombudsman, to each residential care facility for the elderly. (Amended by Stats. 1989, Ch. 1115, Sec. 13.)
  10. 1569.37.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    Licensees and their officers or employees must not discriminate or retaliate against residents or employees for filing or joining complaints, grievances, inspection requests, or investigation requests.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.37. No licensee, or officer or employee of the licensee, shall discriminate or retaliate in any manner, including, but not limited to, eviction or threat of eviction, against any person receiving the services of the licensee’s residential care facility for the elderly, or against any employee of the licensee’s facility, on the basis, or for the reason that, the person or employee or any other person has initiated or participated in the filing of a complaint, grievance, or a request for inspection with the department pursuant to this chapter, or has initiated or participated in the filing of a complaint, grievance, or request for investigation with the appropriate local ombudsman, or with the state ombudsman recognized pursuant to Chapter 11 (commencing with Section 9700) of Division 8.5 of the Welfare and Institutions Code. (Amended by Stats. 2013, Ch. 295, Sec. 3. (AB 581) Effective January 1, 2014.)
  11. 1569.371.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    Licensees and their officers or employees must not discriminate or retaliate against residents or employees because anyone called 911.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.371. (a) No licensee, or officer or employee of the licensee, shall discriminate or retaliate in any manner against any person receiving the services of the licensee’s residential care facility for the elderly, or against any employee of the licensee’s facility, on the basis, or for the reason that, the person, employee, or any other person dialed or called 911. (b) A violation of this section is subject to civil penalty pursuant to Section 1569.49. (c) This section shall become operative on January 1, 2016. (Added by Stats. 2014, Ch. 705, Sec. 1. (SB 911) Effective January 1, 2015.)
  12. 1569.38.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    Residential care facilities for the elderly must display recent licensing reports, give residents written notice about report availability and contact details during admission, send notice within 10 days after certain enforcement or criminal events, post a detailed notice in the facility, keep it posted until resolved, and face daily civil penalties for noncompliance.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.38. (a) Each residential care facility for the elderly shall place in a conspicuous place copies of all licensing reports issued by the department within the preceding 12 months, and all licensing reports issued by the department resulting from the most recent annual visit of the department to the facility. This subdivision shall not apply to any portion of a licensing report referring to a complaint that was found by the department to be unfounded or unsubstantiated. The facility, during the admission process, shall inform the resident and the resident’s responsible person in writing that licensing reports are available for review at the facility, and that copies of licensing reports and other documents pertaining to the facility are available from the appropriate district office of the department. The facility shall provide the telephone number and address of the appropriate district office. (b) A licensed residential care facility for the elderly shall provide written notice to a resident, the resident’s responsible party, if any, and the local long-term care ombudsman, within 10 days from the occurrence of either of the following events: (1) The department commences proceedings to suspend or revoke the license of the facility pursuant to Section 1569.50. (2) A criminal action that relates to the health or safety of the residents is brought against the licensed residential care facility. (c) The notice provided to a resident and the resident’s responsible party, if any, shall include the name and contact information for the local long-term care ombudsman and for the Community Care Licensing Division of the department with a statement that directs the resident or the resident’s responsible party to contact the division for information on the license status of the facility. (d) The notice, described in subdivision (b), provided to a resident and the resident’s responsible party, if any, shall include the reason given for the commencement of proceedings to suspend or revoke the license of the facility, or the reason given for criminal action brought against the licensed residential care facility. (e) Upon providing the notice described in subdivision (b), the licensed residential care facility shall also post a written notice, in at least 14-point type, in a conspicuous location in the facility, that may include where the mail boxes are located, where the facility license is posted, or any other easily accessible location in the facility. The posting shall include all of the following information: (1) The date of the notice. (2) The name of the residential care facility for the elderly. (3) A statement that a copy of the most recent licensing report prepared by the department, and any additional reports of facility evaluation visits, within the preceding 12 months, may be obtained at the facility. (4) The name and telephone number of the contact person designated by the Community Care Licensing Division of the department to provide information on the license status of the facility. (f) The notice required to be posted pursuant to subdivision (e) shall remain posted until the deficiencies that gave rise to the notice are resolved. (g) A licensee who fails to comply with the requirements of subdivision (b) or (c) shall be liable for civil penalties in the amount of one hundred dollars ($100) for each day of the failure to provide notification as required in this section. The total civil penalty for each day shall not exceed one hundred dollars ($100) regardless of the number of notices that the licensee fails to send that day. The total civil penalty for a continuous violation of subdivision (b) or (c) shall not exceed five thousand dollars ($5,000). (h) For purposes of this section, “responsible party” means an individual, including the patient’s relative, health care surrogate decisionmaker, or a placement agency, who assists the resident in placement or assumes varying degrees of responsibility for the well-being of the resident, as designated by the resident in writing. (Amended by Stats. 2011, Ch. 365, Sec. 1. (AB 313) Effective January 1, 2012.)
  13. 1569.39.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    Residential care facilities for the elderly must help certain residents get home health or hospice services, and must ensure medical care is provided by appropriately skilled professionals unless the self-care exception applies.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 3. Regulations [1569.30 - 1569.39] ( Article 3 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.39. (a) A residential care facility for the elderly that accepts or retains residents with prohibited health conditions, as defined by the department, in Section 87615 of Title 22 of the California Code of Regulations, shall assist residents with accessing home health or hospice services, as indicated in the resident’s current appraisal, to ensure that residents receive medical care as prescribed by the resident’s physician and contained in the resident’s service plan. (b) A residential care facility for the elderly that accepts or retains residents with restricted health conditions, as defined by the department, shall ensure that residents receive medical care as prescribed by the resident’s physician and contained in the resident’s service plan by appropriately skilled professionals acting within their scope of practice. An appropriately skilled professional may not be required when the resident is providing self-care, as defined by the department, and there is documentation in the resident’s service plan that the resident is capable of providing self-care. (c) An “appropriately skilled professional” means, for purposes of this section, an individual who has training and is licensed to perform the necessary medical procedures prescribed by a physician. This includes, but is not limited to, a registered nurse, licensed vocational nurse, physical therapist, occupational therapist, or respiratory therapist. These professionals may include, but are not limited to, those persons employed by a home health agency, the resident, or a facility, and who are currently licensed in this state. (d) Failure to meet or arrange to meet the needs of those residents who require health-related services as specified in the resident’s written record of care, defined pursuant to Section 1569.80, or failure to notify the physician of a resident’s illness or injury that poses a danger of death or serious bodily harm is a licensing violation and subject to civil penalty pursuant to Section 1569.49. (e) This section shall become operative on January 1, 2016. (Added by Stats. 2014, Ch. 705, Sec. 2. (SB 911) Effective January 1, 2015.)
  14. 1569.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 1. General Provisions [1569 - 1569.5] ( Article 1 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The department must report certain residential care facility information to county mental or behavioral health departments, including annual and quarterly reports and a prompt closure notice.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 1. General Provisions [1569 - 1569.5] ( Article 1 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.4. (a) Beginning May 1, 2021, and annually thereafter, the department shall collect information and send a report to each county’s department of mental health or behavioral health of all licensed residential care facilities for the elderly in the county that accept the federal supplemental security rate and accept residents with a serious mental disorder, as defined in Section 5600.3 of the Welfare and Institutions Code, and the number of licensed beds at each facility. (b) Beginning May 1, 2021, and quarterly thereafter, the department shall send to each county’s department of mental health or behavioral health the report of licensed residential care facilities for the elderly that closed permanently in the prior quarter, by county, and shall include the number of licensed beds of each facility and the reason for closing. The report shall include cumulative data and closure trends for each county and be based on facilities identified in subdivision (a). (c) Upon receiving notice that a licensed residential care facility for the elderly intends to close permanently, the department shall notify the county mental or behavioral health department within three business days. (Added by Stats. 2020, Ch. 139, Sec. 3. (AB 1766) Effective January 1, 2021.)
  15. 1569.40.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    Violating this chapter or operating an unlicensed residential care facility for the elderly can be a misdemeanor, with fines and possible county jail time.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.40. (a) Any person who violates this chapter, or who willfully or repeatedly violates any rule or regulation adopted under this chapter, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000), by imprisonment in the county jail for a period not to exceed one year, or by both the fine and imprisonment. (b) Operation of a residential care facility for the elderly without a license shall be subject to a summons to appear in court. Unlicensed operation, establishment, management, conducting, or maintaining of a facility as prohibited by Section 1569.10 is a separate and distinct offense of this section and is punishable as a misdemeanor. (c) A misdemeanor may be prosecuted regardless of any concurrent enforcement of civil penalties or administrative remedies available to the department. (d) Notwithstanding any other provision of this chapter, any person, firm, partnership, association, or corporation who owns, operates, establishes, manages, conducts, or maintains a residential care facility for the elderly, as defined in subdivisions (k) and ( l) of Section 1569.2 which is an unlicensed residential care facility for the elderly as defined in subdivision (a) of Section 1569.44 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail for a period not to exceed one year, or by both the fine and imprisonment. (Amended by Stats. 1989, Ch. 1115, Sec. 14.)
  16. 1569.405.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    If a facility is operating without a license, a peace officer may enforce Section 1569.10 using specified Penal Code procedures. If a residential care facility for the elderly is found to violate Section 1569.10 and a citation has been issued, the peace officer must immediately notify the licensing authority. The facility is subject to a $200 fine for each day of violation.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.405. Upon a finding by the licensing authority that a facility is in operation without a license, a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may enforce Section 1569.10 by utilizing the procedures set forth in Chapter 5 (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. A facility violating Section 1569.10 is guilty of an infraction punishable by a fine of two hundred dollars ($200) for each day of violation. Upon a determination that a residential care facility for the elderly is in violation of Section 1569.10, and after a citation has been issued, the peace officer shall immediately notify the licensing authority in the department. (Added by Stats. 1987, Ch. 856, Sec. 2.)
  17. 1569.406.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    A person may not, without authorization, tell facility staff or residents about an impending unannounced department site visit, except before licensing the facility.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.406. Any person who, without lawful authorization from a duly authorized officer, employee, or agent of the department, informs an owner, operator, employee, agent, or resident of a residential care facility for the elderly of an impending and unannounced site visit to that facility by personnel of the department, except for a site visit prior to licensing the facility, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000), by imprisonment in the county jail for a period not to exceed 180 days, or by both a fine and imprisonment. (Amended by Stats. 1991, Ch. 888, Sec. 9.)
  18. 1569.41.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    The director may sue to stop violations or threatened violations of Sections 1569.10 or 1569.44, and a contracted agency may also sue when the director finds the violations threaten health or safety. If actual violations are proven, the court must issue an injunction.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.41. The director may bring an action to enjoin the violation or threatened violation of Section 1569.10 or 1569.44, or both, in the superior court in and for the county in which the violation occurred or is about to occur. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. Upon a finding by the director that the violations threaten the health or safety of persons in, or served by, a residential care facility for the elderly, the agency contracted with pursuant to Section 1569.13 may bring an action to enjoin the violation, threatened violation, or continued violation by any residential care facility for the elderly which is located in an area for which it is responsible pursuant to the terms of the contract. With respect to any and all actions brought pursuant to this section alleging actual violation of Section 1569.10 or 1569.44, or both, the court shall, if it finds the allegations to be true, issue its order enjoining the residential care facility for the elderly from continuance of the violation. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
  19. 1569.42.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    A director’s action against a residential care facility for the elderly does not end just because the facility is sold or ownership is transferred, unless the director gives express written consent.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.42. Any action brought by the director against a residential care facility for the elderly shall not abate by reason of a sale or other transfer of ownership of the residential care facility for the elderly which is a party to the action except with express written consent of the director. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
  20. 1569.43.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    District attorneys and certain city attorneys must prosecute violations of this chapter in their jurisdiction.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.43. Notwithstanding any other provisions of this chapter, the district attorney of every county, and city attorneys in those cities which have city attorneys which prosecute misdemeanors pursuant to Section 72193 of the Government Code, shall, upon their own initiative or upon application by the state department or its authorized representative, institute and conduct the prosecution of any action for violation of this chapter within his or her jurisdiction. (Amended by Stats. 2002, Ch. 784, Sec. 515. Effective January 1, 2003.)
  21. 1569.44.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    An unlicensed, nonexempt residential care facility for the elderly that meets any listed condition is treated as unlicensed, and it must not operate in the state.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.44. (a) A facility shall be deemed to be an “unlicensed residential care facility for the elderly” and “maintained and operated to provide residential care” if it is unlicensed and not exempt from licensure, and any one of the following conditions is satisfied: (1) The facility is providing care and supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter. (2) The facility is held out as, or represented as, providing care and supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter. (3) The facility accepts or retains residents who demonstrate the need for care and supervision, as defined by this chapter or the rules and regulations adopted pursuant to this chapter. (4) The facility represents itself as a licensed residential facility for the elderly. (b) No unlicensed residential facility for the elderly, as defined in subdivision (a), shall operate in this state. (c) Upon discovery of an unlicensed residential care facility for the elderly, the department shall refer residents to the appropriate placement or adult protective services agency or the appropriate local or state long-term care ombudsman, if either of the following conditions exist: (1) There is an immediate threat to the clients’ health and safety. (2) The facility will not cooperate with the licensing agency to apply for a license, meet licensing standards, and obtain a valid license. (Amended by Stats. 1989, Ch. 1115, Sec. 16.)
  22. 1569.45.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    A facility that offers care and supervision to residents must be licensed as a residential care facility for the elderly, and every such facility in the state must be licensed under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.45. A facility shall be licensed as a residential care facility for the elderly if it offers care and supervision, as defined, to its residents. Every residential care facility for the elderly in this state shall be licensed under this chapter. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
  23. 1569.46.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    Operating an unlicensed facility is treated as unfair competition and an unfair business practice.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.46. Operation of an unlicensed facility shall be an act of unfair competition and an unfair business practice within the meaning of Chapter 5 (commencing with Section 17200) of the Business and Professions Code. (Added by Stats. 1989, Ch. 1115, Sec. 17.)
  24. 1569.47.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    Placement agencies must not place certain elderly persons in licensed residential care facilities, must not place or recommend unlicensed facilities unless exempt, and must report suspected unlicensed facilities and safety incidents.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.47. (a) “Placement agency” means any county welfare department, county social service department, county mental health department, county public guardian, general acute care hospital discharge planner or coordinator, state-funded program or private agency providing placement or referral services, conservator pursuant to Part 3 (commencing with Section 1800) of Division 4 of the Probate Code, conservator pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, and regional center for persons with developmental disabilities which is engaged in finding homes or other places for the placement of elderly persons for temporary or permanent care. (b) A placement agency shall not place individuals in licensed residential care facilities for the elderly when the individual, because of his or her health condition, cannot be cared for within the limits of the license or requires inpatient care in a health facility. Violation of this subdivision is a misdemeanor. (c) A placement agency or employee of a placement agency shall not place, refer, or recommend placement of a person in a facility providing care and supervision, or protective supervision, unless the facility is licensed as a residential care facility for the elderly or is exempt from licensing under Section 1569.145. Violation of this subdivision is a misdemeanor. (d) Any employee of a placement agency who knows, or reasonably suspects, that a facility which is not exempt from licensing is operating without a license shall report the name and address of the facility to the department. Failure to report as required by this subdivision is a misdemeanor. (e) The department shall investigate any report filed under subdivision (d). If the department has probable cause to believe that the facility which is the subject of the report is operating without a license, the department shall investigate the facility within 10 days after receipt of the report. (f) A placement agency shall notify the appropriate licensing agency of any known or suspected incidents which would jeopardize the health or safety of residents in a residential care facility for the elderly. Reportable incidents include, but are not limited to, all of the following: (1) Incidents of physical abuse. (2) Any violation of personal rights. (3) Any situation in which a facility is unclean, unsafe, unsanitary, or in poor condition. (4) Any situation in which a facility has insufficient personnel or incompetent personnel on duty. (5) Any situation in which residents experience mental or verbal abuse. (Amended by Stats. 1991, Ch. 888, Sec. 10.)
  25. 1569.48.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    The department must seek stakeholder and local agency input when developing policies for emergency resident care and supervision.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.48. An emergency resident contingency account may be established within the Technical Assistance Fund established under Section 1523.2 to which not more than 50 percent of each penalty assessed pursuant to Section 1569.49 is deposited for use by the Community Care Licensing Division of the department, at the discretion of the director, for the relocation and care of residents when a facility’s license is revoked or temporarily suspended. The money in the account shall cover costs, including, but not limited to, transportation expenses, expenses incurred in notifying family members, and any other costs directly associated with providing continuous care and supervision to the residents. The department shall seek the input of stakeholders and local agencies in developing policies for emergency resident care and supervision. (Amended by Stats. 2014, Ch. 29, Sec. 23. (SB 855) Effective June 20, 2014.)
  26. 1569.481.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The department may appoint a temporary manager for certain residential care facilities, and that manager takes control to protect residents and correct problems.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.481. (a) (1) It is the intent of the Legislature in enacting this section to authorize the department to take quick, effective action to protect the health and safety of residents of residential care facilities for the elderly and to minimize the effects of transfer trauma that accompany the abrupt transfer of residents by appointing a temporary manager to assume the operation of a facility that is found to be in a condition in which continued operation by the licensee or his or her representative presents a substantial probability of imminent danger of serious physical harm or death to the residents. (2) A temporary manager appointed pursuant to this section shall assume the operation of the facility in order to bring it into compliance with the law, facilitate a transfer of ownership to a new licensee, or ensure the orderly transfer of residents should the facility be required to close. Upon a final decision and order of revocation of the license, issuance of a temporary suspension, or a forfeiture by operation of law, the department shall immediately issue a provisional license to the appointed temporary manager. Notwithstanding the applicable sections of this code governing the revocation of a provisional license, the provisional license issued to a temporary manager shall automatically expire upon the termination of the temporary manager. The temporary manager shall possess the provisional license solely for purposes of carrying out the responsibilities authorized by this section and the duties set forth in the written agreement between the department and the temporary manager. The temporary manager does not have the right to appeal the expiration of the provisional license. (b) For purposes of this section, “temporary manager” means the person, corporation, or other entity appointed temporarily by the department as a substitute facility licensee or administrator with authority to hire, terminate, reassign staff, obligate facility funds, alter facility procedures, and manage the facility to correct deficiencies identified in the facility’s operation. The temporary manager has the final authority to direct the care and supervision activities of any person associated with the facility, including superseding the authority of the licensee and the administrator. (c) The director, in order to protect the residents of the facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety, may appoint a temporary manager when any of the following circumstances exist: (1) The director determines that it is necessary to temporarily suspend the license of a residential care facility for the elderly pursuant to Section 1569.50 and the immediate relocation of the residents is not feasible based on transfer trauma, lack of available alternative placements, or other emergency considerations for the health and safety of the residents. (2) The licensee is unwilling or unable to comply with the requirements of Section 1569.525 or the requirements of Section 1569.682 regarding the safe and orderly relocation of residents when ordered to do so by the department or when otherwise required by law. (3) The licensee has opted to secure a temporary manager pursuant to Section 1569.525. (d) (1) Upon appointment, the temporary manager shall complete its application for a license to operate a residential care facility for the elderly and take all necessary steps and make best efforts to eliminate any substantial threat to the health and safety to residents or complete the transfer of residents to alternative placements pursuant to Section 1569.525 or 1569.682. For purposes of a provisional license issued to a temporary manager, the licensee’s existing fire safety clearance shall serve as the fire safety clearance for the temporary manager’s provisional license. (2) A person shall not impede the operation of a temporary manager. The temporary manager’s access to, or possession of, the property shall not be interfered with during the term of the temporary manager’s appointment. There shall be an automatic stay for a 60-day period subsequent to the appointment of a temporary manager of any action that would interfere with the functioning of the facility, including, but not limited to, termination of utility services, attachments, or setoffs of resident trust funds, and repossession of equipment in the facility. (e) (1) The appointment of a temporary manager shall be immediately effective and shall continue for a period not to exceed 60 days unless otherwise extended in accordance with paragraph (2) of subdivision (h) at the discretion of the department or as permitted by paragraph (2) of subdivision (d) of Section 1569.525, or unless otherwise terminated earlier by any of the following events: (A) The temporary manager notifies the department, and the department verifies, that the facility meets state and, if applicable, federal standards for operation, and will be able to continue to maintain compliance with those standards after the termination of the appointment of the temporary manager. (B) The department approves a new temporary manager. (C) A new operator is licensed. (D) The department closes the facility. (E) A hearing or court order ends the temporary manager appointment, including the appointment of a receiver under Section 1569.482. (F) The appointment is terminated by the department or the temporary manager. (2) The appointment of a temporary manager shall authorize the temporary manager to act pursuant to this section. The appointment shall be made pursuant to a written agreement between the temporary manager and the department that outlines the circumstances under which the temporary manager may expend funds. The department shall provide the licensee and administrator with a copy of the accusation to appoint a temporary manager at the time of appointment. The accusation shall notify the licensee of the licensee’s right to petition the Office of Administrative Hearings for a hearing to contest the appointment of the temporary manager as described in subdivision (f) and shall provide the licensee with a form and appropriate information for the licensee’s use in requesting a hearing. (3) The director may rescind the appointment of a temporary manager and appoint a new temporary manager at any time that the director determines the temporary manager is not adhering to the conditions of the appointment. (f) (1) The licensee of a residential care facility for the elderly may contest the appointment of the temporary manager by filing a petition for an order to terminate the appointment of the temporary manager with the Office of Administrative Hearings within 15 days from the date of mailing of the accusation to appoint a temporary manager under subdivision (e). On the same day the petition is filed with the Office of Administrative Hearings, the licensee shall serve a copy of the petition to the office of the director. (2) Upon receipt of a petition under paragraph (1), the Office of Administrative Hearings shall set a hearing date and time within 10 business days of the receipt of the petition. The office shall promptly notify the licensee and the department of the date, time, and place of the hearing. The office shall assign the case to an administrative law judge. At the hearing, relevant evidence may be presented pursuant to Section 11513 of the Government Code. The administrative law judge shall issue a written decision on the petition within 10 business days of the conclusion of the hearing. The 10-day time period for holding the hearing and for rendering a decision may be extended by the written agreement of the parties. (3) The administrative law judge shall uphold the appointment of the temporary manager if the department proves, by a preponderance of the evidence, that the circumstances specified in subdivision (c) applied to the facility at the time of the appointment. The administrative law judge shall order the termination of the temporary manager if the burden of proof is not satisfied. (4) The decision of the administrative law judge is subject to judicial review as provided in Section 1094.5 of the Code of Civil Procedure by the superior court of the county where the facility is located. This review may be requested by the licensee of the facility or the department by filing a petition seeking relief from the order. The petition may also request the issuance of temporary injunctive relief pending the decision on the petition. The superior court shall hold a hearing within 10 business days of the filing of the petition and shall issue a decision on the petition within 10 days of the hearing. The department may be represented by legal counsel within the department for purposes of court proceedings authorized under this section. (g) If the licensee does not protest the appointment or does not prevail at either the administrative hearing under paragraph (2) of subdivision (f) or the superior court hearing under paragraph (4) of subdivision (f), the temporary manager shall continue in accordance with subdivision (e). (h) (1) If the licensee petitions the Office of Administrative Hearings pursuant to subdivision (f), the appointment of the temporary manager by the director pursuant to this section shall continue until it is terminated by the administrative law judge or by the superior court, or it shall continue until the conditions of subdivision (e) are satisfied, whichever is earlier. (2) At any time during the appointment of the temporary manager, the director may request an extension of the appointment by filing a petition for hearing with the Office of Administrative Hearings and serving a copy of the petition on the licensee. The office shall proceed as specified in paragraph (2) of subdivision (f). The administrative law judge may extend the appointment of the temporary manager an additional 60 days upon a showing by the department that the conditions specified in subdivision (c) continue to exist. (3) The licensee or the department may request review of the administrative law judge’s decision on the extension as provided in paragraph (4) of subdivision (f). (i) The temporary manager appointed pursuant to this section shall meet the following qualifications: (1) Be qualified to oversee correction of deficiencies in a residential care facility for the elderly on the basis of experience and education. (2) Not be the subject of any pending actions by the department or any other state agency nor have ever been excluded from a department-licensed facility or had a license or certification suspended or revoked by an administrative action by the department or any other state agency. (3) Not have a financial ownership interest in the facility and not have a member of his or her immediate family who has a financial ownership interest in the facility. (4) Not currently serve, or within the past two years have served, as a member of the staff of the facility. (j) Payment of the costs of the temporary manager shall comply with the following requirements: (1) Upon agreement with the licensee, the costs of the temporary manager and any other expenses in connection with the temporary management shall be paid directly by the facility while the temporary manager is assigned to that facility. Failure of the licensee to agree to the payment of those costs may result in the payment of the costs by the department and subsequent required reimbursement of the department by the licensee pursuant to this section. (2) Direct costs of the temporary manager shall be equivalent to the sum of the following: (A) The prevailing fee paid by licensees for positions of the same type in the facility’s geographic area. (B) Additional costs that reasonably would have been incurred by the licensee if the licensee and the temporary manager had been in an employment relationship. (C) Other reasonable costs incurred by the temporary manager in furnishing services pursuant to this section. (3) Direct costs may exceed the amount specified in paragraph (2) if the department is otherwise unable to find a qualified temporary manager. (k) (1) The responsibilities of the temporary manager may include, but are not limited to, the following: (A) Paying wages to staff. The temporary manager shall have the full power to hire, direct, manage, and discharge employees of the facility, subject to any contractual rights they may have. The temporary manager shall pay employees at the same rate of compensation, including benefits, that the employees would have received from the licensee or wages necessary to provide adequate staff for the protection of clients and compliance with the law. (B) Preserving resident funds. The temporary manager shall be entitled to, and shall take possession of, all property or assets of residents that are in the possession of the licensee or administrator of the facility. The temporary manager shall preserve all property, assets, and records of residents of which the temporary manager takes possession. (C) Contracting for outside services as may be needed for the operation of the facility. A contract for outside services in excess of five thousand dollars ($5,000) shall be approved by the director. (D) Paying commercial creditors of the facility to the extent required to operate the facility. The temporary manager shall honor all leases, mortgages, and secured transactions affecting the building in which the facility is located and all goods and fixtures in the building, but only to the extent of payments that, in the case of a rental agreement, are for the use of the property during the period of the temporary management, or that, in the case of a purchase agreement, come due during the period of the temporary management. (E) Performing all acts that are necessary and proper to maintain and operate the facility in accordance with sound fiscal policies. The temporary manager shall take action as is reasonably necessary to protect or conserve the assets or property of which the temporary manager takes possession and may use those assets or property only in the performance of the powers and duties set forth in this section. (2) Expenditures by the temporary manager in excess of five thousand dollars ($5,000) shall be approved by the director. Total encumbrances and expenditures by the temporary manager for the duration of the temporary management shall not exceed the sum of forty-nine thousand nine hundred ninety-nine dollars ($49,999) unless approved by the director in writing. (3) The temporary manager shall not make capital improvements to the facility in excess of five thousand dollars ($5,000) without the approval of the director. (l) (1) To the extent department funds are advanced for the costs of the temporary manager or for other expenses in connection with the temporary management, the department shall be reimbursed from the revenues accruing to the facility or to the licensee or an entity related to the licensee. Any reimbursement received by the department shall be redeposited in the account from which the department funds were advanced. If the revenues are insufficient to reimburse the department, the unreimbursed amount shall constitute grounds for a monetary judgment in civil court and a subsequent lien upon the assets of the facility or the proceeds from the sale thereof. Pursuant to Chapter 2 (commencing with Section 697.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure, a lien against the personal assets of the facility or an entity related to the licensee based on the monetary judgment obtained shall be filed with the Secretary of State on the forms required for a notice of judgment lien. A lien against the real property of the facility or an entity related to the licensee based on the monetary judgment obtained shall be recorded with the county recorder of the county where the facility of the licensee is located or where the real property of the entity related to the licensee is located. The lien shall not attach to the interests of a lessor, unless the lessor is operating the facility. The authority to place a lien against the personal and real property of the licensee for the reimbursement of any state funds expended pursuant to this section shall be given judgment creditor priority. (2) For purposes of this section, “entity related to the licensee” means an entity, other than a natural person, of which the licensee is a subsidiary or an entity in which a person who was obligated to disclose information under Section 1569.15 possesses an interest that would also require disclosure pursuant to Section 1569.15. (m) Appointment of a temporary manager under this section does not relieve the licensee of any responsibility for the care and supervision of residents under this chapter. The licensee, even if the license is deemed surrendered or the facility abandoned, shall be required to reimburse the department for all costs associated with operation of the facility during the period the temporary manager is in place that are not accounted for by using facility revenues or for the relocation of residents handled by the department if the licensee fails to comply with the relocation requirements of Section 1569.525 or 1569.682 when required by the department to do so. If the licensee fails to reimburse the department under this section, then the department, along with using its own remedies available under this chapter, may request that the Attorney General’s office, the city attorney’s office, or the local district attorney’s office seek any available criminal, civil, or administrative remedy, including, but not limited to, injunctive relief, restitution, and damages in the same manner as provided for in Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code. (n) The department may use funds from the emergency resident contingency account pursuant to Section 1569.48 when needed to supplement the operation of the facility or the transfer of residents under the control of the temporary manager appointed under this section if facility revenues are unavailable or exhausted when needed. Pursuant to subdivision (l), the licensee shall be required to reimburse the department for any funds used from the emergency resident contingency account during the period of control of the temporary manager and any incurred costs of collection. (o) This section does not apply to a residential care facility for the elderly that serves six or fewer persons and is also the principal residence of the licensee. (p) Notwithstanding any other provision of law, the temporary manager shall be liable only for damages resulting from gross negligence in the operation of the facility or intentional tortious acts. (q) All governmental immunities otherwise applicable to the state shall also apply to the state in the use of a temporary manager in the operation of a facility pursuant to this section. (r) A licensee is not liable for any occurrences during the temporary management under this section except to the extent that the occurrences are the result of the licensee’s conduct. (s) The department may adopt regulations for the administration of this section. (Amended by Stats. 2015, Ch. 303, Sec. 281. (AB 731) Effective January 1, 2016.)
  27. 1569.482.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    This section lets the department ask a court to appoint a receiver to run an elderly residential care facility when residents face serious harm or the facility is closing without enough relocation arrangements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.482. (a) It is the intent of the Legislature in enacting this section to authorize the department to take quick, effective action to protect the health and safety of residents of residential care facilities for the elderly and to minimize the effects of transfer trauma that accompany the abrupt transfer of residents through a system whereby the department may apply for a court order appointing a receiver to temporarily operate a residential care facility for the elderly. The receivership is not intended to punish a licensee or to replace attempts to secure cooperative action to protect the residents’ health and safety. The receivership is intended to protect the residents in the absence of other reasonably available alternatives. The receiver shall assume the operation of the facility in order to bring it into compliance with law, facilitate a transfer of ownership to a new licensee, or ensure the orderly transfer of residents should the facility be required to close. (b) (1) Whenever circumstances exist indicating that continued management of a residential care facility by the current licensee would present a substantial probability or imminent danger of serious physical harm or death to the residents, or the facility is closing or intends to terminate operation as a residential care facility for the elderly and adequate arrangements for the relocation of residents have not been made at least 30 days prior to the closing or termination, the director may petition the superior court for the county in which the facility is located for an order appointing a receiver to temporarily operate the facility in accordance with this section. (2) The petition shall allege the facts upon which the action is based and shall be supported by an affidavit of the director. A copy of the petition and affidavit together with an order to appear and show cause why temporary authority to operate the residential care facility for the elderly should not be vested in a receiver pursuant to this section, shall be delivered to the licensee, administrator, or a responsible person at the facility to the attention of the licensee and administrator. The order shall specify a hearing date, which shall be not less than 10, nor more than 15, days following delivery of the petition and order upon the licensee, except that the court may shorten or lengthen the time upon a showing of just cause. (c) (1) If the director files a petition pursuant to subdivision (b) for appointment of a receiver to operate a residential care facility for the elderly, in accordance with Section 564 of the Code of Civil Procedure, the director may also petition the court, in accordance with Section 527 of the Code of Civil Procedure, for an order appointing a temporary receiver. A temporary receiver appointed by the court pursuant to this subdivision shall serve until the court has made a final determination on the petition for appointment of a receiver filed pursuant to subdivision (b). A receiver appointed pursuant to this subdivision shall have the same powers and duties as a receiver would have if appointed pursuant to subdivision (b). Upon the director filing a petition for a receiver, the receiver shall complete its application for a provisional license to operate a residential care facility for the elderly. For purposes of a provisional license issued to a receiver, the licensee’s existing fire safety clearance shall serve as the fire safety clearance for the receiver’s provisional license. (2) At the time of the hearing, the department shall advise the licensee of the name of the proposed receiver. The receiver shall be a certified residential care facility for the elderly administrator or other responsible person or entity, as determined by the court, from a list of qualified receivers established by the department, and, if need be, with input from providers of residential care and consumer representatives. Persons appearing on the list shall have experience in the delivery of care services to clients of community care facilities, and, if feasible, shall have experience with the operation of a residential care facility for the elderly, shall not be the subject of any pending actions by the department or any other state agency, and shall not have ever been excluded from a department licensed facility nor have had a license or certification suspended or revoked by an administrative action by the department or any other state agency. The receivers shall have sufficient background and experience in management and finances to ensure compliance with orders issued by the court. The owner, licensee, or administrator shall not be appointed as the receiver unless authorized by the court. (3) If at the conclusion of the hearing, which may include oral testimony and cross-examination at the option of any party, the court determines that adequate grounds exist for the appointment of a receiver and that there is no other reasonably available remedy to protect the residents, the court may issue an order appointing a receiver to temporarily operate the residential care facility for the elderly and enjoining the licensee from interfering with the receiver in the conduct of his or her duties. In these proceedings, the court shall make written findings of fact and conclusions of law and shall require an appropriate bond to be filed by the receiver and paid for by the licensee. The bond shall be in an amount necessary to protect the licensee in the event of any failure on the part of the receiver to act in a reasonable manner. The bond requirement may be waived by the licensee. (4) The court may permit the licensee to participate in the continued operation of the facility during the pendency of any receivership ordered pursuant to this section and shall issue an order detailing the nature and scope of participation. (5) Failure of the licensee to appear at the hearing on the petition shall constitute an admission of all factual allegations contained in the petition for purposes of these proceedings only. (6) The licensee shall receive notice and a copy of the application each time the receiver applies to the court or the department for instructions regarding his or her duties under this section, when an accounting pursuant to subdivision (i) is submitted, and when any other report otherwise required under this section is submitted. The licensee shall have an opportunity to present objections or otherwise participate in those proceedings. (d) A person shall not impede the operation of a receivership created under this section. The receiver’s access to, or possession of, the property shall not be interfered with during the term of the receivership. There shall be an automatic stay for a 60-day period subsequent to the appointment of a receiver of any action that would interfere with the functioning of the facility, including, but not limited to, cancellation of insurance policies executed by the licensees, termination of utility services, attachments, or setoffs of resident trust funds and working capital accounts and repossession of equipment in the facility. (e) When a receiver is appointed, the licensee may, at the discretion of the court, be divested of possession and control of the facility in favor of the receiver. If the court divests the licensee of possession and control of the facility in favor of the receiver, the department shall immediately issue a provisional license to the receiver. Notwithstanding the applicable sections of this code governing the revocation of a provisional license, the provisional license issued to a receiver shall automatically expire upon the termination of the receivership. The receiver shall possess the provisional license solely for purposes of carrying out the responsibilities authorized by this section and the duties ordered by the court. The receiver shall have no right to appeal the expiration of the provisional license. (f) A receiver appointed pursuant to this section: (1) May exercise those powers and shall perform those duties ordered by the court, in addition to other duties provided by statute. (2) Shall operate the facility in a manner that ensures the safety and adequate care for the residents. (3) Shall have the same rights to possession of the building in which the facility is located, and of all goods and fixtures in the building at the time the petition for receivership is filed, as the licensee and administrator would have had if the receiver had not been appointed. (4) May use the funds, building, fixtures, furnishings, and any accompanying consumable goods in the provision of care and services to residents and to any other persons receiving services from the facility at the time the petition for receivership was filed. (5) Shall take title to all revenue coming to the facility in the name of the receiver who shall use it for the following purposes in descending order of priority: (A) To pay wages to staff. The receiver shall have full power to hire, direct, manage, and discharge employees of the facility, subject to any contractual rights they may have. The receiver shall pay employees at the same rate of compensation, including benefits, that the employees would have received from the licensee or wages necessary to provide adequate staff for the protection of the clients and compliance with the law. (B) To preserve resident funds. The receiver shall be entitled to, and shall take, possession of all property or assets of residents that are in the possession of the licensee or operator of the facility. The receiver shall preserve all property, assets, and records of residents of which the receiver takes possession. (C) To contract for outside services as may be needed for the operation of the residential care facility for the elderly. A contract for outside services in excess of five thousand dollars ($5,000) shall be approved by the court. (D) To pay commercial creditors of the facility to the extent required to operate the facility. Except as provided in subdivision (h), the receiver shall honor all leases, mortgages, and secured transactions affecting the building in which the facility is located and all goods and fixtures in the building of which the receiver has taken possession, but only to the extent of payments which, in the case of a rental agreement, are for the use of the property during the period of receivership, or which, in the case of a purchase agreement, come due during the period of receivership. (E) To receive a salary, as approved by the court. (F) To do all things necessary and proper to maintain and operate the facility in accordance with sound fiscal policies. The receiver shall take action as is reasonably necessary to protect or conserve the assets or property of which the receiver takes possession and may use those assets or property only in the performance of the powers and duties set out in this section and by order of the court. (G) To ask the court for direction in the treatment of debts incurred prior to the appointment, if the licensee’s debts appear extraordinary, of questionable validity, or unrelated to the normal and expected maintenance and operation of the facility, or if payment of the debts will interfere with the purposes of receivership. (g) (1) A person who is served with notice of an order of the court appointing a receiver and of the receiver’s name and address shall be liable to pay the receiver, rather than the licensee, for any goods or services provided by the residential care facility for the elderly after the date of the order. The receiver shall give a receipt for each payment and shall keep a copy of each receipt on file. The receiver shall deposit amounts received in a special account and shall use this account for all disbursements. Payment to the receiver pursuant to this subdivision shall discharge the obligation to the extent of the payment and shall not thereafter be the basis of a claim by the licensee or any other person. A resident shall not be evicted nor may any contract or rights be forfeited or impaired, nor may any forfeiture be effected or liability increased, by reason of an omission to pay the licensee, operator, or other person a sum paid to the receiver pursuant to this subdivision. (2) This section shall not be construed to suspend, during the temporary management by the receiver, any obligation of the licensee for payment of local, state, or federal taxes. A licensee shall not be held liable for acts or omissions of the receiver during the term of the temporary management. (3) Upon petition of the receiver, the court may order immediate payment to the receiver for past services that have been rendered and billed, and the court may also order a sum not to exceed one month’s advance payment to the receiver of any sums that may become payable under the Medi-Cal program. (h) (1) A receiver shall not be required to honor a lease, mortgage, or secured transaction entered into by the licensee of the facility and another party if the court finds that the agreement between the parties was entered into for a collusive, fraudulent purpose or that the agreement is unrelated to the operation of the facility. (2) A lease, mortgage, or secured transaction or an agreement unrelated to the operation of the facility that the receiver is permitted to dishonor pursuant to this subdivision shall only be subject to nonpayment by the receiver for the duration of the receivership, and the dishonoring of the lease, mortgage, security interest, or other agreement, to this extent, by the receiver shall not relieve the owner or operator of the facility from any liability for the full amount due under the lease, mortgage, security interest, or other agreement. (3) If the receiver is in possession of real estate or goods subject to a lease, mortgage, or security interest that the receiver is permitted to dishonor pursuant to paragraph (1), and if the real estate or goods are necessary for the continued operation of the facility, the receiver may apply to the court to set a reasonable rent, price, or rate of interest to be paid by the receiver during the duration of the receivership. The court shall hold a hearing on this application within 15 days. The receiver shall send notice of the application to any known owner of the property involved at least 10 days prior to the hearing. (4) Payment by the receiver of the amount determined by the court to be reasonable is a defense to any action against the receiver for payment or possession of the goods or real estate, subject to the lease or mortgage, which is brought by any person who received the notice required by this subdivision. However, payment by the receiver of the amount determined by the court to be reasonable does not relieve the owner or operator of the facility from any liability for the difference between the amount paid by the receiver and the amount due under the original lease, mortgage, or security interest. (i) A monthly accounting shall be made by the receiver to the department of all moneys received and expended by the receiver on or before the 15th day of the following month or as ordered by the court, and the remainder of income over expenses for that month shall be returned to the licensee. A copy of the accounting shall be provided to the licensee. The licensee or owner of the residential care facility for the elderly may petition the court for a determination as to the reasonableness of any expenditure made pursuant to paragraph (5) of subdivision (f). (j) (1) The receiver shall be appointed for an initial period of not more than three months. The initial three-month period may be extended for additional periods not exceeding three months, as determined by the court pursuant to this section. At the end of one month, the receiver shall report to the court on its assessment of the probability that the residential care facility for the elderly will meet state standards for operation by the end of the initial three-month period and will continue to maintain compliance with those standards after termination of the receiver’s management. If it appears that the facility cannot be brought into compliance with state standards within the initial three-month period, the court shall take appropriate action as follows: (A) Extend the receiver’s management for an additional three months if there is a substantial likelihood that the facility will meet state standards within that period and will maintain compliance with the standards after termination of the receiver’s management. The receiver shall report to the court in writing upon the facility’s progress at the end of six weeks of any extension ordered pursuant to this paragraph. (B) Order the director to revoke or temporarily suspend, or both, the license pursuant to Section 1569.50 and extend the receiver’s management for the period necessary to transfer clients in accordance with the transfer plan, but for not more than three months from the date of initial appointment of a receiver, or 14 days, whichever is greater. An extension of an additional three months may be granted if deemed necessary by the court. (2) If it appears at the end of six weeks of an extension ordered pursuant to subparagraph (A) of paragraph (1) that the facility cannot be brought into compliance with state standards for operation or that it will not maintain compliance with those standards after the receiver’s management is terminated, the court shall take appropriate action as specified in subparagraph (B) of paragraph (1). (3) In evaluating the probability that a residential care facility for the elderly will maintain compliance with state standards of operation after the termination of receiver management ordered by the court, the court shall consider at least the following factors: (A) The duration, frequency, and severity of past violations in the facility. (B) History of compliance in other care facilities operated by the proposed licensee. (C) Efforts by the licensee to prevent and correct past violations. (D) The financial ability of the licensee to operate in compliance with state standards. (E) The recommendations and reports of the receiver. (4) Management of a residential care facility for the elderly operated by a receiver pursuant to this section shall not be returned to the licensee, to any person related to the licensee, or to any person who served as a member of the facility’s staff or who was employed by the licensee prior to the appointment of the receiver unless both of the following conditions are met: (A) The department believes that it would be in the best interests of the residents of the facility, requests that the court return the operation of the facility to the former licensee, and provides clear and convincing evidence to the court that it is in the best interests of the facility’s residents to take that action. (B) The court finds that the licensee has fully cooperated with the department in the appointment and ongoing activities of a receiver appointed pursuant to this section, and, if applicable, any temporary manager appointed pursuant to Section 1569.481. (5) The owner of the facility may at any time sell, lease, or close the facility, subject to the following provisions: (A) If the owner closes the facility, or the sale or lease results in the closure of the facility, the court shall determine if a transfer plan is necessary. If the court so determines, the court shall adopt and implement a transfer plan consistent with the provisions of Section 1569.682. (B) If the licensee proposes to sell or lease the facility and the facility will continue to operate as a residential care facility for the elderly, the court and the department shall reevaluate any proposed transfer plan. If the court and the department determine that the sale or lease of the facility will result in compliance with licensing standards, the transfer plan and the receivership shall, subject to those conditions that the court may impose and enforce, be terminated upon the effective date of the sale or lease. (k) (1) The salary of the receiver shall be set by the court commensurate with community care facility industry standards, giving due consideration to the difficulty of the duties undertaken, and shall be paid from the revenue coming to the facility. If the revenue is insufficient to pay the salary in addition to other expenses of operating the facility, the receiver’s salary shall be paid from the emergency resident contingency account as provided in Section 1569.48. State advances of funds in excess of five thousand dollars ($5,000) shall be approved by the director. Total advances for encumbrances and expenditures shall not exceed the sum of forty-nine thousand nine hundred ninety-nine dollars ($49,999) unless approved by the director in writing. (2) To the extent state funds are advanced for the salary of the receiver or for other expenses in connection with the receivership, as limited by subdivision (g), the state shall be reimbursed from the revenues accruing to the facility or to the licensee or an entity related to the licensee. Reimbursement received by the state shall be redeposited in the account from which the state funds were advanced. If the revenues are insufficient to reimburse the state, the unreimbursed amount shall constitute grounds for a monetary judgment in civil court and a subsequent lien upon the assets of the facility or the proceeds from the sale thereof. Pursuant to Chapter 2 (commencing with Section 697.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure, a lien against the personal assets of the facility or an entity related to the licensee based on the monetary judgment obtained shall be filed with the Secretary of State on the forms required for a notice of judgment lien. A lien against the real property of the facility or an entity related to the licensee based on the monetary judgment obtained shall be recorded with the county recorder of the county where the facility of the licensee is located or where the real property of the entity related to the licensee is located. The lien shall not attach to the interests of a lessor, unless the lessor is operating the facility. The authority to place a lien against the personal and real property of the licensee for the reimbursement of any state funds expended pursuant to this section shall be given judgment creditor priority. (3) For purposes of this subdivision, “entity related to the licensee” means an entity, other than a natural person, of which the licensee is a subsidiary or an entity in which any person who was obligated to disclose information under Section 1569.15 possesses an interest that would also require disclosure pursuant to Section 1569.15. (l) (1) This section does not impair the right of the owner of a residential care facility for the elderly to dispose of his or her property interests in the facility, but any facility operated by a receiver pursuant to this section shall remain subject to that administration until terminated by the court. The termination shall be promptly effectuated, provided that the interests of the residents have been safeguarded as determined by the court. (2) This section does not limit the power of the court to appoint a receiver under any other applicable provision of law or to order any other remedy available under law. (m) (1) Notwithstanding any other provision of law, the receiver shall be liable only for damages resulting from gross negligence in the operation of the facility or intentional tortious acts. (2) All governmental immunities otherwise applicable to the State of California shall also apply in the use of a receiver in the operation of a facility pursuant to this section. (3) The licensee is not liable for any occurrences during the receivership except to the extent that the occurrences are the result of the licensee’s conduct. (n) The department may adopt regulations for the administration of this section. This section does not impair the authority of the department to temporarily suspend licenses under Section 1569.50 or to reach a voluntary agreement with the licensee for alternate management of a community care facility including the use of a temporary manager under Section 1569.481. This section does not authorize the department to interfere in a labor dispute. (o) This section does not apply to a residential care facility for the elderly that serves six or fewer persons and is also the principal residence of the licensee. (p) This section does not apply to a licensee that has obtained a certificate of authority to offer continuing care contracts, as defined in paragraph (8) of subdivision (c) of Section 1771. (Amended by Stats. 2015, Ch. 303, Sec. 282. (AB 731) Effective January 1, 2016.)
  28. 1569.485.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    The department must assess an immediate civil penalty for violations of Sections 1569.10 or 1569.44, with a doubled penalty in certain unlicensed-facility cases, and an operator may appeal to the director.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.485. (a) Notwithstanding any other provision of this chapter, any person who violates Section 1569.10 or 1569.44, or both, shall be assessed by the department an immediate civil penalty in the amount of one hundred dollars ($100) per resident for each day of the violation, unless other remedies available to the department, including criminal prosecution, are deemed more effective by the department. (b) The civil penalty authorized in subdivision (a) shall be doubled if an unlicensed facility is operated and the operator refuses to seek licensure or the operator seeks licensure and the licensure application is denied and the operator continues to operate the unlicensed facility, unless other remedies available to the department, including criminal prosecution, are deemed more effective by the department. (c) An operator may appeal the assessment to the director. The department shall adopt regulations setting forth the appeal procedure. (Amended by Stats. 1990, Ch. 1488, Sec. 2.)
  29. 1569.49.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    The department must assess civil penalties against a residential care facility licensee for certain violations, with higher amounts for serious, repeat, death, and abuse-related violations, and licensees can seek review and appeal.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.49. (a) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department shall levy civil penalties as follows: (b) (1) The amount of the civil penalty shall be one hundred dollars ($100) per day for each violation of this chapter if the facility fails to correct a deficiency after being provided a specified length of time to correct that deficiency. (A) If a licensee or a licensee’s representative submits evidence to the department that the licensee has corrected a deficiency, and the department, after reviewing that evidence, has determined that the deficiency has been corrected, the civil penalty shall cease as of the day the department received that evidence. (B) If the department deems it necessary, the department shall inspect the facility within five working days after the department receives evidence pursuant to subparagraph (A) to confirm that the deficiency has been corrected. (C) If the department determines that the deficiency has not been corrected, the civil penalty shall continue to accrue from the date of the original citation. (D) If the department is able to verify that the deficiency was corrected prior to the date on which the department received the evidence pursuant to subparagraph (A), the civil penalty shall cease as of that earlier date. (2) (A) If the department issues a notification of deficiency to a facility for a repeat violation of a violation specified in paragraph (1), the department shall assess an immediate civil penalty of two hundred fifty dollars ($250) per repeat violation and one hundred dollars ($100) for each day the repeat violation continues after citation. The notification of deficiency shall state the manner in which the deficiency constitutes a repeat violation and shall be submitted to a supervisor for review and approval. (B) For purposes of this section, “repeat violation” means a violation within 12 months of a prior violation of a statutory or regulatory provision designated by the same combination of letters or numerals, or both letters and numerals. (C) Notwithstanding subparagraphs (A) and (B), the department, in its sole discretion, may reduce the civil penalty for the cited repeat violation to the level of the underlying violation, as applicable, if it determines that the cited repeat violation is not substantially similar to the original violation. (3) If the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as provided in this chapter, a correction of the deficiency shall not impact the imposition of a civil penalty. (c) The department shall assess an immediate civil penalty of five hundred dollars ($500) per violation and one hundred dollars ($100) for each day the violation continues after citation for any of the following serious violations: (1) Any violation that the department determines resulted in the injury or illness of a resident. (2) (A) Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following: (i) Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending. (ii) Initiated eviction proceedings. (B) A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier. (3) Absence of supervision as required by statute or regulation. (4) Accessible bodies of water, when prohibited in this chapter or regulations adopted pursuant to this chapter. (5) Accessible firearms, ammunition, or both. (6) Refused entry to a facility or any part of a facility in violation of Section 1569.32, 1569.33, or 1569.35. (7) The presence of a person subject to a department Order of Exclusion on the premises. (d) If the department issues a notification of deficiency to a facility for a repeat violation of a violation specified in subdivision (c), the department shall assess an immediate civil penalty of one thousand dollars ($1,000) per repeat violation and one hundred dollars ($100) for each day the repeat violation continues after citation. The notification of deficiency shall state the manner in which the deficiency constitutes a repeat violation and shall be submitted to a supervisor for review and approval. (e) For a violation that the department determines resulted in the death of a resident, the civil penalty shall be fifteen thousand dollars ($15,000). (f) For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 15610.67 of the Welfare and Institutions Code, to a resident, the civil penalty shall be ten thousand dollars ($10,000). (g) (1) Before the assessment of a civil penalty pursuant to subdivision (e) or (f), the decision shall be approved by the program administrator of the Community Care Licensing Division. (2) (A) The department shall reduce the amount of a civil penalty due pursuant to subdivision (e) or (f) by the amount of the civil penalty already assessed for the underlying violation. (B) If the amount of the civil penalty that the department has already assessed for the underlying violation exceeds the amount of the penalty pursuant to subdivision (e) or (f), the larger amount shall prevail and be due and payable as already assessed by the department. (h) (1) A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred. The department shall make a good faith effort to work with the licensee to determine the cause of the deficiency and ways to prevent any repeat violations. (2) The department shall adopt regulations setting forth the appeal procedures for deficiencies. (i) (1) A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (e) and (f) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy director’s decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. (2) Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence. (3) If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process. (4) Civil penalties shall be due and payable when administrative appeals have been exhausted. Unless payment arrangements have been made that are acceptable to the department, a civil penalty not paid within 30 days shall be subject to late fees, as specified by the department in regulation. (j) (1) A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (i) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional manager’s decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. (2) Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional manager’s decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrator’s decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrator’s decision is considered final and concludes the licensee’s administrative appeal rights regarding the appeal conducted pursuant to this paragraph. (3) Civil penalties shall be due and payable when administrative appeals have been exhausted. Unless payment arrangements have been made that are acceptable to the department, a civil penalty not paid within 30 days shall be subject to late fees, as specified by the department in regulation. (k) The department shall adopt regulations implementing this section. (l) The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 6 of Chapter 813 of the Statutes of 2014. (m) 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 and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act. (n) This section shall become operative on July 1, 2017. (Repealed (in Sec. 7) and added by Stats. 2016, Ch. 823, Sec. 8. (AB 2231) Effective January 1, 2017. Section operative July 1, 2017, by its own provisions.)
  30. 1569.495.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    The department’s civil, criminal, and administrative remedies under this article are nonexclusive, and it may use them in any combination it thinks advisable to enforce the chapter.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 4. Offenses [1569.40 - 1569.495] ( Article 4 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.495. The civil, criminal, and administrative remedies available to the department pursuant to this article are not exclusive, and may be sought and employed in any combination deemed advisable by the state department to enforce this chapter. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
  31. 1569.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 1. General Provisions [1569 - 1569.5] ( Article 1 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    The director must adopt regulations for certain residential care facilities to provide short-term respite care, may allow screening requirements, and facilities may charge a fee; facilities may not accept residents needing more care than their license allows.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 1. General Provisions [1569 - 1569.5] ( Article 1 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.5. (a) The director shall adopt regulations authorizing residential care facilities for the elderly, as defined in Section 1569.2, to fill unused capacity on a short-term, time-limited basis to provide temporary respite care for persons who are frail and elderly, adults who have functional impairments, or persons with mental health disorders who need 24-hour supervision and who are being cared for by a caretaker or caretakers. The regulations shall address provisions for liability coverage and the level of facility responsibility for routine medical care and medication management, and may require screening of persons to determine the level of care required, a physical history completed by the person’s personal physician, and other alternative admission criteria to protect the health and safety of persons applying for respite care. The regulations shall permit these facilities to charge a fee for the services provided, which shall include, but not be limited to, supervision, room, leisure activities, and meals. (b) No facility shall accept persons in need of care beyond the level of care for which that facility is licensed. (Amended by Stats. 2014, Ch. 144, Sec. 34. (AB 1847) Effective January 1, 2015.)
  32. 1569.50.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    The department may deny, suspend, or revoke a license for listed grounds, and the director may temporarily suspend a license to protect residents or clients.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.50. (a) The department may deny an application for a license or may suspend or revoke a license issued under this chapter upon any of the following grounds and in the manner provided in this chapter: (1) Violation by the licensee of this chapter or of the rules and regulations adopted under this chapter. (2) Aiding, abetting, or permitting the violation of this chapter or of the rules and regulations adopted under this chapter. (3) Conduct that is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility or the people of the State of California. (4) The conviction of a licensee, or other person mentioned in Section 1569.17 at any time before or during licensure, of a crime as defined in Section 1569.17. (5) Engaging in acts of financial malfeasance concerning the operation of a facility, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services for the care of clients. (b) The remedies provided in this section may be applied if the department finds that any employee, administrator, partner, officer, director, member, or manager of the applicant or licensee, any person who controls, as defined in Section 1569.2, the licensee, or any person who holds a beneficial ownership interest of 10 percent or more in the applicant or licensee has engaged in the conduct described in subdivision (a) related to any facility licensed pursuant to Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), or Chapter 3 (commencing with Section 1500), or a similarly licensed facility in California or any other state. (c) The director may temporarily suspend a license, prior to a hearing when, in the opinion of the director, the action is necessary to protect residents or clients of the facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The director shall notify the licensee of the temporary suspension and the effective date of the temporary suspension and at the same time shall serve the provider with an accusation. Upon receipt of a notice of defense to the accusation by the licensee, the director shall, within 15 days, set the matter for hearing, and the hearing shall be held as soon as possible but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after the original hearing has been completed. (d) A licensee who abandons the facility and the residents in care resulting in an immediate and substantial threat to the health and safety of the abandoned residents, in addition to revocation of the license pursuant to this section, shall be excluded from licensure in facilities licensed by the department without the right to petition for reinstatement. (Amended by Stats. 2015, Ch. 628, Sec. 5. (AB 601) Effective January 1, 2016.)
  33. 1569.51.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    License suspension, revocation, or denial proceedings must follow Government Code hearing procedures, with a preponderance-of-the-evidence standard and a hearing generally within 90 days after the notice of defense is received.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.51. (a) Proceedings for the suspension, revocation, or denial of a license under this chapter shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the state department shall have all the powers granted by these provisions. In the event of conflict between this chapter and those provisions of the Government Code, the provisions of the Government Code shall prevail. (b) In all proceedings conducted in accordance with this section, the standard of proof to be applied shall be by the preponderance of the evidence. (c) If the license is not temporarily suspended pursuant to Section 1569.50, the hearing shall be held within 90 days after receipt of the notice of defense, unless a continuance of the hearing is granted by the department or the administrative law judge. When the matter has been set for hearing only the administrative law judge may grant a continuance of the hearing. The administrative law judge may, but need not, grant a continuance of the hearing, only upon finding the existence of one or more of the following: (1) The death or incapacitating illness of a party, a representative or attorney of a party, a witness to an essential fact, or of the parent, child, or member of the household of such person, when it is not feasible to substitute another representative, attorney, or witness because of the proximity of the hearing date. (2) Lack of notice of hearing as provided in Section 11509 of the Government Code. (3) A material change in the status of the case where a change in the parties or pleadings requires postponement, or an executed settlement or stipulated findings of fact obviate the need for hearing. A partial amendment of the pleadings shall not be good cause for continuance to the extent that the unamended portion of the pleadings is ready to be heard. (4) A stipulation for continuance signed by all parties or their authorized representatives, including, but not limited to, a representative, which is communicated with the request for continuance to the administrative law judge no later than 25 business days before the hearing. (5) The substitution of the representative or attorney of a party upon showing that the substitution is required. (6) The unavailability of a party, representative, or attorney of a party, or witness to an essential fact due to a conflicting and required appearance in a judicial matter if when the hearing date was set, the person did not know and could neither anticipate nor at any time avoid the conflict, and the conflict with request for continuance is immediately communicated to the administrative law judge. (7) The unavailability of a party, a representative or attorney of a party, or a material witness due to an unavoidable emergency. (8) Failure by a party to comply with a timely discovery request if the continuance request is made by the party who requested the discovery. (Amended by Stats. 1992, Ch. 1315, Sec. 22. Effective January 1, 1993.)
  34. 1569.510.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    The department must make an unannounced visit to a facility within 30 days after a temporary license suspension or a license revocation, unless it has already verified the facility is nonoperational.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.510. (a) The department shall conduct an unannounced visit to a facility within 30 days after the effective date of a temporary suspension of a license in order to ensure that the facility is nonoperational, unless the department previously has verified that the facility is nonoperational. (b) The department shall conduct an unannounced visit to a facility within 30 days after the effective date of a revocation of a license in order to ensure that the facility is nonoperational, unless the department previously has verified that the facility is nonoperational. (Added by Stats. 2008, Ch. 291, Sec. 17. Effective September 25, 2008.)
  35. 1569.511.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    A judge may let vulnerable witnesses testify outside the respondent’s presence, and the department must provide one-way closed-circuit television if that happens.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.511. (a) The administrative law judge conducting a hearing under this article may permit the testimony of a child witness, or a similarly vulnerable witness, including a witness who is developmentally disabled, to be taken outside the presence of the respondent or respondents if all of the following conditions exist: (1) The administrative law judge determines that taking the witness’s testimony outside the presence of the respondent or respondents is necessary to ensure truthful testimony. (2) The witness is likely to be intimidated by the presence of the respondent or respondents. (3) The witness is afraid to testify in front of the respondent or respondents. (b) If the testimony of the witness is taken outside of the presence of the respondent or respondents, the department shall provide for the use of one-way closed-circuit television so the respondent or respondents can observe the testimony of the witness. Nothing in this section shall limit a respondent’s right of cross-examination. (c) The administrative law judge conducting a hearing under this section may clear the hearing room of any persons who are not a party to the action in order to protect any witness from intimidation or other harm, taking into account the rights of all persons. (Added by Stats. 1994, Ch. 1267, Sec. 7. Effective January 1, 1995.)
  36. 1569.512.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    This section allows certain out-of-court statements by minors under 12 to be used in an administrative hearing, but it requires notice and lets the statement be challenged for unreliability.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.512. (a) (1) An out-of-court statement made by a minor under 12 years of age who is the subject or victim of an allegation at issue is admissible evidence at an administrative hearing conducted pursuant to this article. The out-of-court statement may be used to support a finding of fact unless an objection is timely made and the objecting party establishes that the statement is unreliable because it was the product of fraud, deceit, or undue influence. However, the out-of-court statement may not be the sole basis for the finding of fact, unless the adjudicator finds that the time, content, and circumstances of the statement provide sufficient indicia of reliability. (2) The proponent of the statement shall give reasonable notice to all parties of the intended introduction of the statement at the hearing. (3) For purposes of this subdivision, an objection is timely if it identifies with reasonable specificity the disputed out-of-court statement and it gives the proponent of the evidence a reasonable period of time to prepare a response to the objection prior to the hearing. (b) This section shall not be construed to limit the right of any party to the administrative hearing to subpoena a witness whose statement is admitted as evidence or to introduce admissible evidence relevant to the weight of the hearsay evidence or the credibility of the hearsay declarant. (Added by Stats. 2002, Ch. 707, Sec. 3. Effective January 1, 2003.)
  37. 1569.515.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    The department may pay witness expenses, including reasonable actual expenses, within a per diem limit and may do so before the hearing.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.515. In addition to the witness fees and mileage provided by Section 11450.40 of the Government Code, the department may pay actual, necessary, and reasonable expenses in an amount not to exceed the per diem allowance payable to a nonrepresented state employee on travel status. The department may pay witness expenses pursuant to this section in advance of the hearing. (Amended by Stats. 1995, Ch. 938, Sec. 62. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  38. 1569.52.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    If a license application is withdrawn after filing, or a license is later suspended, expired, forfeited, cancelled, or surrendered, the department can still continue or start denial or disciplinary proceedings unless it gives written consent to the withdrawal or surrender.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.52. The withdrawal of an application for a license after it has been filed with the department shall not, unless the department consents in writing to such withdrawal, deprive the department of its authority to institute or continue a proceeding against the applicant for the denial of the license upon any ground provided by law or to enter an order denying the license upon any such ground. The suspension, expiration, or forfeiture by operation of law of a license issued by the department, or its suspension, forfeiture, or cancellation by order of the department or by order of a court of law, or its surrender without the written consent of the department, shall not deprive the department of its authority to institute or continue a disciplinary proceeding against the licensee upon any ground provided by law or to enter an order suspending or revoking the license or otherwise taking disciplinary action against the licensee on any such ground. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
  39. 1569.525.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    This section sets procedures for temporary suspension or revocation of a residential care facility for the elderly license, including resident relocation steps, notice duties, refund rules, and civil penalties.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.525. (a) If the director determines that it is necessary to temporarily suspend or to revoke any license of a residential care facility for the elderly in order to protect the residents or clients of the facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety pursuant to Section 1569.50, the department shall make every effort to minimize trauma for the residents. (b) (1) (A) After a decision is made to temporarily suspend or, upon an order, to revoke the license of a residential care facility for the elderly which is likely to result in closure of the facility, the department shall contact both of the following: (i) The Office of the State Long-Term Care Ombudsman. (ii) Any local agency that may have placement or advocacy responsibility for the residents of a residential care facility for the elderly. (B) The department shall work with these agencies, and the licensee if the director determines it to be appropriate, to locate alternative placement sites and to contact relatives or other persons responsible for the care of these residents, and to assist in the transfer of residents. (2) The department shall use appropriately skilled professionals deemed appropriate by the department to provide onsite evaluation of the residents and assist in any transfers. (3) The department shall require the licensee to prepare and submit to the licensing agency a written plan for relocation and compliance with the terms and conditions of the approved plans, and to provide other information as necessary for the enforcement of this section. (c) Upon receipt of an order to temporarily suspend or revoke a license, the licensee shall be prohibited from accepting new residents or entering into admission agreements for new residents. (d) Upon an order to temporarily suspend a license, the following shall apply: (1) The licensee shall immediately provide written notice of the temporary suspension to the resident and initiate contact with the resident’s responsible person, if applicable. (2) The department may secure, or permit the licensee to secure, the services of a temporary manager who is not an immediate family member of the licensee or an entity that is not owned by the licensee to manage the day-to-day operations of the facility. The temporary manager shall be appointed and assume operation of the facility in accordance with Section 1569.481. (e) Upon an order to revoke a license following the temporary suspension of a license pursuant to Section 1569.50 that led to the transfer of all residents, the following applies: (1) The licensee shall provide a 60-day written notice of license revocation that may lead to closure to the resident and the resident’s responsible person within 24 hours of receipt of the department’s order of revocation. (2) The department shall permit the licensee to secure the services of a temporary manager who is not an immediate family member of the licensee or an entity that is not owned by the licensee to manage the day-to-day operations of the residential care facility for the elderly for a period of at least 60 days, provided that all of the following conditions are met: (A) A proposal is submitted to the department within 72 hours of the licensee’s receipt of the department’s order of revocation that includes both of the following: (i) A completed “Application for a Community Care Facility or Residential Care Facility for the Elderly License” form (LIC 200), or similar form as determined by the department, signed and dated by both the licensee and the person or entity described in paragraph (2). (ii) A copy of the executed agreement between the licensee and the person or entity described in paragraph (2) that delineates the roles and responsibilities of each party and specifies that the person or entity described in paragraph (2) shall have the full authority necessary to operate the facility, in compliance with all applicable laws and regulations, and without interference from the licensee. (B) The person or entity described in paragraph (2) shall be currently licensed and in substantial compliance to operate a residential care facility for the elderly that is of comparable size or greater and has comparable programming to the facility. For purposes of this subparagraph, the following definitions apply: (i) “Comparable programming” includes, but is not limited to, dementia care, hospice care, and care for residents with exempted prohibited health care conditions. (ii) “Comparable size” means a facility capacity of 1 to 15 residents, 16 to 49 residents, or 50 or more residents. (C) The person or entity described in paragraph (2) is not subject to the application fee specified in Section 1569.185. (D) If the department denies a proposal to secure the services of a person or entity pursuant to paragraph (2), this denial shall not be deemed a denial of a license application subject to the right to a hearing under Section 1569.22 and other procedural rights under Section 1569.51. (f) (1) Notwithstanding Section 1569.651 or any other law, for paid preadmission fees, a resident who transfers from the facility due to the notice of temporary suspension or revocation of a license pursuant to this section is entitled to a refund in accordance with all of the following: (A) A 100-percent refund if preadmission fees were paid within six months of either notice of closure required by this section. (B) A 75-percent refund if preadmission fees were paid more than six months, but not more than 12 months, before either notice required by this section. (C) A 50-percent refund if preadmission fees were paid more than 12 months, but not more than 18 months, before either notice required by this section. (D) A 25-percent refund if preadmission fees were paid more than 18 months, but not more than 25 months, before either notice required by this section. (2) A preadmission fee refund is not required if preadmission fees were paid 25 months or more before either notice required by this section. (3) The preadmission fee refund required by this paragraph shall be paid within 15 days of issuing either notice required by this section. In lieu of the refund, the resident may request that the licensee provide a credit toward the resident’s monthly fee obligation in an amount equal to the preadmission fee refund due. (4) If a resident transfers from the facility due to the revocation of a license, and the resident gives notice at least five days before leaving the facility, or if the transfer is due to a temporary suspension of the license order, the licensee shall refund to the resident or his or her legal representative a proportional per diem amount of any prepaid monthly fees at the time the resident leaves the facility and the unit is vacated. Otherwise the licensee shall pay the refund within seven days from the date that the resident leaves the facility and the unit is vacated. (g) Within 24 hours after each resident who is transferring pursuant to these provisions has left the facility, the licensee that had his or her license temporarily suspended or revoked shall, based on information provided by the resident or the resident’s responsible person, submit a final list of names and new locations of all residents to the department and the local ombudsman program. (h) If at any point during or following a temporary suspension or revocation order of a license the director determines that there is a risk to the residents of a facility of physical or mental abuse, abandonment, or any other substantial threat to health or safety, the department shall take any necessary action to minimize trauma for the residents, including, but not limited to, all of the following: (1) Contact any local agency that may have placement or advocacy responsibility for the residents and work with those agencies to locate alternative placement sites. (2) Contact the residents’ relatives, legal representatives, authorized agents in a health care directive, or responsible parties. (3) Assist in the transfer of residents, and, if necessary, arrange or coordinate transportation. (4) Provide onsite evaluation of the residents and use any medical personnel deemed appropriate by the department to provide onsite evaluation of the residents and assist in any transfers. (5) Arrange for or coordinate care and supervision. (6) Arrange for the distribution of medications. (7) Arrange for the preparation and service of meals and snacks. (8) Arrange for the preparation of the residents’ records and medications for transfer of each resident. (9) Assist in any way necessary to facilitate a safe transfer of all residents. (10) Check on the status of each transferred resident within 24 hours of transfer. (i) The participation of the department and local agencies in the relocation of residents from a residential care facility for the elderly shall not relieve the licensee of any responsibility under this section. A licensee that fails to comply with the requirements of this section shall be required to reimburse the department and local agencies for the cost of providing those services. If the licensee fails to provide the services required in this section, the department shall request that the Attorney General’s office, the city attorney’s office, or the local district attorney’s office seek injunctive relief and damages. (j) Notwithstanding Section 1569.49, a licensee who fails to comply with the requirements of this section shall be liable for civil penalties in the amount of five hundred dollars ($500) per violation per day for each day that the licensee is in violation of this section, until the violation has been corrected. The civil penalties shall be issued immediately following the written notice of violation. (k) This section does not preclude the department from amending the effective date in the order of suspension or revocation of a license and closing the facility, or from pursuing any other available remedies if necessary to protect the health and safety of the residents in care. (Amended by Stats. 2015, Ch. 303, Sec. 283. (AB 731) Effective January 1, 2016.)
  40. 1569.53.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    If a license under this chapter is suspended or revoked, it may be reinstated under Government Code Section 11522. The department must give written notice within 10 days when such a license is suspended, revoked, temporarily suspended, forfeited, canceled, or expires.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.53. Any license suspended or revoked pursuant to this chapter may be reinstated pursuant to Section 11522 of the Government Code. Whenever a license issued under this chapter for a residential care facility for the elderly is suspended, revoked, temporarily suspended, forfeited, canceled, or expires, the department shall provide written notice of the occurrence within 10 days to the local director of social services in the county in which the facility is located. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
  41. 1569.54.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    The department may order a resident’s removal or immediate transfer in specified health-and-safety situations, and the licensee and resident must follow notice, review, and timing steps.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.54. (a) (1) When the department does not suspend the license of a residential care facility for the elderly pursuant to this article, the department may still order the licensee to remove a resident who has a health condition which cannot be cared for within the limits of the license or requires inpatient care in a health facility as determined by the department. (2) Where the department determines that the resident’s mental or physical condition requires immediate transfer from the facility in order to protect the health and safety of the resident, the department may order the licensee to remove the resident after the department consults with a physician or other medical professional about the transfer and ways in which transfer trauma can be minimized. (b) (1) Where the department alleges that a resident has a health condition which cannot be cared for within the limits of the license or requires inpatient care in a health facility, the department shall give notice to the resident, his or her legal representative when appropriate, and the licensee. The notice shall specify a deadline for submitting a written plan for relocation and inform the resident of his or her right for a review and determination by an interdisciplinary team as provided for in Section 1569.34. The resident, or his or her legal representative, shall have three working days to inform the licensee of the request for review. Upon receiving a request from a resident, or his or her legal representative, for a review and determination, the licensee shall forward the request to the department within two working days of receipt. Failure or refusal by the licensee to submit the request for review and determination to the department may be subject to the civil penalties specified in Section 1569.49. (2) The review and determination shall be completed within 30 days from the date that the resident was initially informed of the need to relocate. If the determination is made that the resident must relocate, the notice shall include a plan for transfer, including attempts to minimize transfer trauma for the resident. The department may require the licensee to prepare and submit to the licensing agency a written plan for relocation, to comply with the terms and conditions of the approved plans and to provide other information as necessary for the enforcement of this section. (c) The provisions allowing for a resident’s right to a review prior to transfer as provided for in subdivision (b) neither negates the department’s authority and responsibility to require an immediate transfer according to paragraph (2) of subdivision (a) when the department finds and provides evidence that the resident must be relocated in order to protect the health and safety of the resident, nor implies any right to a fair hearing pursuant to Chapter 7 (commencing with Section 10950) of Part 2 of Division 9 of the Welfare and Institutions Code. The department shall specify in regulations the process provided for pursuant to this section for making relocation decisions and for appealing and reviewing these decisions. (Repealed and added by Stats. 1989, Ch. 1115, Sec. 24.)
  42. 1569.545.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The department can suspend new admissions to a facility if certain violation or unpaid-fine conditions are met, and the suspension lasts until the problem is fixed or the fine is paid.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5. Suspension and Revocation [1569.50 - 1569.545] ( Article 5 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.545. (a) For purposes of this section, “suspension of new admissions” means a prohibition on admitting new residents to receive care or services in the facility. (b) The department may order a suspension of new admissions for a facility in either of the following circumstances: (1) The department finds that the facility has violated this chapter or any applicable regulations, the violation presents a direct and immediate risk to the health, safety, or personal rights of a resident or residents of the facility, and the violation is not corrected immediately. (2) The facility has failed to pay a fine assessed by the department after the facility’s appeal rights have been exhausted. (c) A suspension of new admissions for a failure to pay a fine, as described in paragraph (2) of subdivision (b), shall remain in effect until the facility pays the fine assessed by the department. (d) A suspension of new admissions under paragraph (1) of subdivision (b) shall remain in effect until the department determines that the facility has corrected the violation. The department shall conduct a followup visit to determine compliance within 10 working days following the latest date of correction specified in the notice of deficiency, unless the licensee has demonstrated that the deficiency was corrected as required in the notice. The department may make unannounced visits after the suspension of new admissions is lifted to ensure that the facility continues to maintain correction of the violation. The department may order another suspension of new admissions or take other appropriate enforcement action if the facility does not maintain correction of the violation. (e) A licensee may appeal a suspension of new admissions ordered under this section to the director. The department shall adopt regulations that specify the appeal procedure. (f) A suspension of new admissions ordered under this section shall not be stayed pending the facility’s appeal or request for review. (Added by Stats. 2014, Ch. 706, Sec. 1. (SB 1153) Effective January 1, 2015.)
  43. 1569.58.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5.5. Employee Actions [1569.58 - 1569.595] ( Article 5.5 added by Stats. 1989, Ch. 825, Sec. 2. )

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    The department may exclude certain people from licensed care facilities and related roles, and it can order immediate removal when needed to protect residents or clients.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5.5. Employee Actions [1569.58 - 1569.595] ( Article 5.5 added by Stats. 1989, Ch. 825, Sec. 2. ) ## 1569.58. (a) The department may prohibit any person from being a licensee, owning a beneficial ownership interest of 10 percent or more in a licensed facility, or being an administrator, officer, director, member, or manager of a licensee or entity controlling a licensee, and may further prohibit any licensee from employing, or continuing the employment of, or allowing in a licensed facility, or allowing contact with clients of a licensed facility by, any employee, prospective employee, or person who is not a client and who has done any of the following: (1) Violated, or aided or permitted the violation by any other person of, any provisions of this chapter or of any rules or regulations promulgated under this chapter. (2) Engaged in conduct that is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility, or the people of the State of California. (3) Been denied an exemption to work or to be present in a facility, when that person has been convicted of a crime as defined in Section 1569.17. (4) Engaged in any other conduct that would constitute a basis for disciplining a licensee. (5) Engaged in acts of financial malfeasance concerning the operation of a facility, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services for the care of clients. (b) The excluded person, the facility, and the licensee shall be given written notice of the basis of the department’s action and of the excluded person’s right to an appeal. The notice shall be served either by personal service or by registered mail. Within 15 days after the department serves the notice, the excluded person may file with the department a written appeal of the exclusion order. If the excluded person fails to file a written appeal within the prescribed time, the department’s action shall be final. (c) (1) The department may require the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility pending a final decision of the matter, when, in the opinion of the department, the action is necessary to protect residents or clients from physical or mental abuse, abandonment, or any other substantial threat to their health or safety. (2) If the department requires the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility the department shall serve an order of immediate exclusion upon the excluded person that shall notify the excluded person of the basis of the department’s action and of the excluded person’s right to a hearing. (3) Within 15 days after the department serves an order of immediate exclusion, the excluded person may file a written appeal of the exclusion with the department. The department’s action shall be final if the excluded person does not appeal the exclusion within the prescribed time. The department shall do the following upon receipt of a written appeal: (A) Within 30 days of receipt of the appeal, serve an accusation upon the excluded person. (B) Within 60 days of receipt of a notice of defense by the excluded person pursuant to Section 11506 of the Government Code, conduct a hearing on the accusation. (4) An order of immediate exclusion of the excluded person from the facility shall remain in effect until the hearing is completed and the department has made a final determination on the merits. However, the order of immediate exclusion shall be deemed vacated if the department fails to make a final determination on the merits within 60 days after the original hearing has been completed. (d) An excluded person who files a written appeal of the exclusion order with the department pursuant to this section shall, as part of the written request, provide their current mailing address. The excluded person shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated. (e) Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. (f) The department may institute or continue a disciplinary proceeding against a member of the board of directors, an executive director, or an officer of a licensee or an employee, prospective employee, or person who is not a client upon any ground provided by this section. The department may enter an order prohibiting any person from being a member of the board of directors, an executive director, or an officer of a licensee, or prohibiting the excluded person’s employment or presence in the facility, or otherwise take disciplinary action against the excluded person, notwithstanding any resignation, withdrawal of employment application, or change of duties by the excluded person, or any discharge, failure to hire, or reassignment of the excluded person by the licensee or that the excluded person no longer has contact with clients at the facility. (g) A licensee’s failure to comply with the department’s exclusion order after being notified of the order shall be grounds for disciplining the licensee pursuant to Section 1569.50. (h) (1) (A) In cases in which the excluded person appealed the exclusion order and there is a decision and order of the department upholding the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or from being a certified foster parent or resource family for the remainder of the excluded person’s life, unless otherwise ordered by the department. (B) The excluded individual may petition for reinstatement one year after the effective date of the decision and order of the department upholding the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the decision and order. (2) (A) In cases in which the department informed the excluded person of their right to appeal the exclusion order and the excluded person did not appeal the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or a certified foster parent or resource family for the remainder of the excluded person’s life, unless otherwise ordered by the department. (B) The excluded individual may petition for reinstatement after one year has elapsed from the date of the notification of the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the exclusion order. (i) For purposes of this section, exclusion, as specified in subdivision (a), shall include exclusion from the home of a resource family, as defined in Section 1517 of this code and Section 16519.5 of the Welfare and Institutions Code. (Amended by Stats. 2019, Ch. 777, Sec. 15. (AB 819) Effective January 1, 2020.)
  44. 1569.59.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5.5. Employee Actions [1569.58 - 1569.595] ( Article 5.5 added by Stats. 1989, Ch. 825, Sec. 2. )

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    The department must remove certain people from leadership roles in licensed facilities if they had recent license revocations, rescissions, or denied applications covered by this section. It may decline to do so if the reasons were corrected or no longer exist.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5.5. Employee Actions [1569.58 - 1569.595] ( Article 5.5 added by Stats. 1989, Ch. 825, Sec. 2. ) ## 1569.59. (a) (1) If the department determines that a person was issued a license under this chapter, Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3 (commencing with Section 1500), Chapter 3.01 (commencing with Section 1568.01), Chapter 3.3 (commencing with Section 1570), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30), or that the applicant previously was approved as a resource family under Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code, and the prior license was revoked or prior approval was rescinded within the preceding two years, the department shall exclude the person from, and remove the person from the position of, a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter. (2) If the department determines that a person previously was issued a certificate of approval by a foster family agency that was revoked or rescinded by the department pursuant to subdivision (d) of Section 1517 or subdivision (b) of Section 1534 within the preceding two years, the department shall exclude the person from, and remove the person from the position of, a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter. (b) If the department determines that the person had previously applied for a license under this chapter, Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3 (commencing with Section 1500), Chapter 3.01 (commencing with Section 1568.01), Chapter 3.3 (commencing with Section 1570), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30), or that the person previously applied for resource family approval under Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code, and the application was denied within the last year, the department shall exclude the person from, and remove the person from the position of, a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter and as follows: (1) In cases in which the applicant petitioned for a hearing, the department shall exclude the person from, and remove the person from the position of, a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter until one year has elapsed from the effective date of the decision and order of the department upholding a denial. (2) In cases in which the department or county informed the applicant of the right to petition for a hearing and the applicant did not petition for a hearing, the department shall exclude the person from, and remove the person from the position of, a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing. (c) If the department determines that the person had previously applied for a certificate of approval with a foster family agency and the department ordered the foster family agency to deny the application pursuant to subdivision (d) of Section 1517 or subdivision (b) of Section 1534, the department shall exclude the person from, and remove the person from the position of, a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter and as follows: (1) In cases in which the applicant petitioned for a hearing, the department shall exclude the person from, and remove the person from the position of, a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter until one year has elapsed from the effective date of the decision and order of the department upholding a denial. (2) In cases in which the department informed the applicant of the right to petition for a hearing and the applicant did not petition for a hearing, the department shall exclude the person from, and remove the person from the position of, a member of the board of directors, the executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing. (d) Exclusion or removal of an individual pursuant to this section shall not be considered an order of exclusion for purposes of Section 1569.58 of this code, Section 16519.6 of the Welfare and Institutions Code, or any other law. (e) The department may determine not to exclude a person from, and remove the person from the position of, a member of the board of directors, an executive director, or an officer of a licensee of, any facility licensed by the department pursuant to this chapter if it has determined that the reasons for the denial of the application or revocation of the facility license or certificate of approval, or the denial or rescission of resource family approval, were due to circumstances or conditions that either have been corrected or are no longer in existence. (f) For purposes of this section, exclusion from a licensed facility shall include exclusion from a resource family, as defined in Section 1517 of this code and Section 16519.5 of the Welfare and Institutions Code. The exclusion of a resource family or an applicant for resource family approval pursuant to this section shall only be imposed as set forth in the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code. (Amended by Stats. 2020, Ch. 104, Sec. 13. (AB 2944) Effective September 18, 2020.)
  45. 1569.595.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5.5. Employee Actions [1569.58 - 1569.595] ( Article 5.5 added by Stats. 1989, Ch. 825, Sec. 2. )

    Verify source ↗

    The department must make an unannounced visit to a facility within 30 days after serving an immediate exclusion order, unless it has already verified the excluded person is not there.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 5.5. Employee Actions [1569.58 - 1569.595] ( Article 5.5 added by Stats. 1989, Ch. 825, Sec. 2. ) ## 1569.595. The department shall conduct an unannounced visit to a facility within 30 days after the department serves an order of immediate exclusion from the facility upon the licensee or a person subject to immediate removal or exclusion from the facility pursuant to paragraph (3) of subdivision (c) of Section 1569.17 and subdivision (c) of Section 1569.58 in order to ensure that the excluded person is not within the facility, unless the department previously has verified that the excluded person is not within the facility. (Added by Stats. 2008, Ch. 291, Sec. 18. Effective September 25, 2008.)
  46. 1569.60.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    For a residential care facility for the elderly, the director may require a bond before issuing a license if the licensee handles money, with a minimum bond amount of $1,000.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.60. (a) The director shall require as a condition precedent to the issuance of any license for a residential care facility for the elderly, if the licensee handles or will handle any money of a person within the facility, that the applicant for the license file or have on file with the department a bond issued by a surety company admitted to do business in this state in a sum to be fixed by the department based upon the magnitude of the operations of the applicant, but which sum shall not be less than one thousand dollars ($1,000), running to the State of California and conditioned upon his or her faithful and honest handling of the money of persons within the facility. (b) The failure of any licensee under this chapter to maintain on file with the state department a bond in the amount prescribed by the director or who embezzles the trust funds of a person in the facility shall constitute cause for the revocation of the license. (c) The provisions of this section shall not apply if the licensee handles moneys of persons within the residential care facility for the elderly in amounts less than fifty dollars ($50) per person and less than five hundred dollars ($500) for all persons in any month. (Amended by Stats. 1992, Ch. 1315, Sec. 24. Effective January 1, 1993.)
  47. 1569.601.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The director may grant a partial or total variance from the bonding requirements for a residential care facility for the elderly if compliance would be so onerous that the facility would cease to operate, and if certain resident money is deposited in an approved in-state financial institution with withdrawal limits.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.601. The director may grant a partial or total variance from the bonding requirements of Section 1569.60 for any residential care facility for the elderly if he or she finds that compliance with them is so onerous that a residential care facility for the elderly will cease to operate, and if he or she also finds that money of the persons received or cared for in the facility has been, or will be, deposited in a bank in this state, in a trust company authorized to transact a trust business in this state, or in a savings and loan association in this state, upon condition that the money may not be withdrawn except on authorization of the guardian or conservator of the person. (Added by renumbering Section 1569.61 by Stats. 1989, Ch. 1115, Sec. 25.)
  48. 1569.605.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    Residential care facilities for the elderly must maintain liability insurance starting July 1, 2015, unless they are part of a continuing care retirement community.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.605. On and after July 1, 2015, all residential care facilities for the elderly, except those facilities that are an integral part of a continuing care retirement community, shall maintain liability insurance covering injury to residents and guests in the amount of at least one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the total annual aggregate, caused by the negligent acts or omissions to act of, or neglect by, the licensee or its employees. (Added by Stats. 2014, Ch. 205, Sec. 1. (AB 1523) Effective January 1, 2015.)
  49. 1569.61.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The department must keep a file for each facility at each district office and make it available for consumer access to copies, subject to payment of a reasonable copying charge.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.61. The department shall develop and maintain at each district office a file for each facility in that district, containing all documents regarding the facility that were received or created by the department on or after January 1, 1999, and that are not confidential under other provisions of law. This file shall be available immediately upon the request of any consumer who shall have the right to obtain copies of documents from the file upon the payment of a reasonable charge for the copies. (Added by Stats. 1998, Ch. 306, Sec. 3. Effective January 1, 1999.)
  50. 1569.613.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    New administrators of elderly residential care facilities must meet minimum qualification requirements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.613. Any person who becomes an administrator of a residential care facility for the elderly on or after January 1, 1992, shall, at a minimum, comply with all of the following: (a) Be at least 21 years of age. (b) Have a valid certificate as an administrator of a residential care facility for the elderly as required by Section 1569.616, or have submitted the documentation required to obtain a certificate pursuant to subdivision (d) of Section 1569.616. (c) Have a high school diploma or pass a general educational development test as described in Article 3 (commencing with Section 51420) of Chapter 3 of Part 28 of the Education Code. (d) Obtain criminal record clearance as provided for in Sections 1569.17 and 1569.171. (Amended by Stats. 1995, Ch. 224, Sec. 1. Effective January 1, 1996.)
  51. 1569.616.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    This section requires residential care facility administrators to complete approved certification training, pass testing, and keep certificates renewed with continuing education. It also sets notice duties, fees, exemptions, and misdemeanor penalties for false certification claims.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.616. (a) (1) An administrator of a residential care facility for the elderly shall successfully complete a department-approved administrator certification training program pursuant to subdivision (c) prior to employment. (2) If an individual is both the licensee and the administrator of a licensed facility, or a licensed nursing home administrator, the individual shall comply with the requirements of this section unless they qualify for one of the exemptions provided for in subdivision (b). (3) Failure to comply with this section shall constitute cause for revocation of the license of the facility where an individual is functioning as the administrator. (4) The licensee shall notify the department within 30 days of any change in administrators. (b) Individuals seeking exemptions under paragraph (2) of subdivision (a) shall meet the following criteria and fulfill the required portions of the certification program, as the case may be: (1) An individual designated as the administrator of a residential care facility for the elderly who holds a valid license as a nursing home administrator issued in accordance with Chapter 2.35 (commencing with Section 1416) of Division 2 shall be required to complete the areas in the uniform core of knowledge required by this section that pertain to the law, regulations, policies, and procedural standards that impact the operations of residential care facilities for the elderly, the use, misuse, and interaction of medication commonly used by the elderly in a residential setting, and resident admission, retention, and assessment procedures, equal to 12 hours of instruction conducive to learning, in which participants are able to simultaneously interact with each other as well as with the instructor. An individual meeting the requirements of this paragraph shall not be required to take an examination. (2) If an individual was both the licensee and administrator on or before July 1, 1991, the individual shall be required to complete all the areas specified for the administrator certification training program, but shall not be required to take the examination required by this section. Those individuals exempted from the examination shall be issued a conditional certification that is valid only for the administrator of the facility for which the exemption was granted. (A) As a condition to becoming an administrator of another facility, the individual shall be required to pass the examination provided for in this section. (B) As a condition to applying for a new facility license, the individual shall be required to pass the examination provided for in Section 1569.23. (c) (1) An administrator certification training program for residential care facilities for the elderly shall require a minimum of 80 hours of coursework, which shall include at least 60 hours of instruction conducive to learning, in which participants are able to simultaneously interact with each other, as well as with the instructor, and that provides training on a uniform core of knowledge in each of the following areas: (A) Laws, regulations, and policies and procedural standards that impact the operations of residential care facilities for the elderly. (B) Business operations. (C) Management and supervision of staff. (D) Psychosocial needs of the elderly. (E) Community and support services. (F) Physical needs for elderly persons. (G) Medication management, including the use, misuse, and interaction of medication commonly used by the elderly, including antipsychotics and the adverse effects of psychotropic drugs for use in controlling the behavior of persons with dementia. (H) Resident admission, retention, and assessment procedures. (I) Managing Alzheimer’s disease and related dementias, including nonpharmacologic, person-centered approaches to dementia care. (J) Cultural competency and sensitivity in issues relating to the underserved aging lesbian, gay, bisexual, and transgender community. (K) Residents’ rights and the importance of initial and ongoing training for all staff to ensure that residents’ rights are fully respected and implemented. (L) Managing the physical environment, including, but not limited to, maintenance and housekeeping. (M) Postural supports, restricted health conditions, and hospice care. (2) Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass an examination administered by the department within 60 days of completing the program, submit to the department an administrator certification application and the documentation required by subdivision (d) to the department within 30 days of being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of the results within 30 days of administering the test. (3) The department shall ensure the test consists of at least 100 questions and allows an applicant to have access to the California Residential Care Facilities for the Elderly Act and related regulations during the test. The department, no later than July 1 of every other year, shall review and revise the test in order to ensure the rigor and quality of the test. Each year, the department shall ensure, by January 1, that the test is not in conflict with current law. The department may convene a stakeholder group to assist in developing and reviewing test questions. (d) The department shall not begin the process of issuing an administrator certificate until receipt of all of the following: (1) An administrator certification application. (2) A certificate of completion of the administrator certification training program required pursuant to this section. (3) The fee for processing an administrator certification application, including the issuance of the administrator certificate, as specified in subparagraph (A) of paragraph (1) of subdivision (l). (4) Documentation that the applicant has passed the examination or of qualifying for an exemption pursuant to subdivision (b). (5) Submission of fingerprints pursuant to Section 1569.17. The department and the Department of Justice shall expedite the criminal record clearance for holders of certificates of completion. The department may waive the submission for those persons who have a current criminal record clearance or exemption on file. (e) It shall be unlawful for a person not certified under this section to hold themselves out as a certified administrator of a residential care facility for the elderly. A person willfully making a false representation as being a certified administrator is guilty of a misdemeanor. (f) (1) An administrator certificate issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the uniform core of knowledge specified in paragraph (1) of subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through self-paced courses. All other continuing education hours shall be completed in an instructional setting, conducive to learning, and in which participants are able to simultaneously interact with each other as well as with the instructor. For purposes of this section, individuals who hold a valid license as a nursing home administrator issued in accordance with Chapter 2.35 (commencing with Section 1416) of Division 2 and meet the requirements of paragraph (1) of subdivision (b) shall only be required to complete 20 hours of continuing education. (2) A certified administrator of a residential care facility for the elderly is required to renew their administrator certificate and shall complete the continuing education requirements of this subdivision whether the person is certified according to subdivision (a) or (b). At least eight hours of the 40-hour continuing education requirement for a certified administrator of a residential care facility for the elderly shall include instruction on serving clients with dementia, including, but not limited to, instruction related to direct care, physical environment, and admissions procedures and assessment. (3) An administrator certificate issued under this section shall expire every two years, on the anniversary date of the initial issuance of the certificate, except that any administrator receiving their initial certification on or after January 1, 1999, shall make an irrevocable election to have the recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individual’s birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee specified in subparagraph (C) of paragraph (1) of subdivision (l), and has provided evidence of completion of the continuing education required. (4) To renew an administrator certificate, the certificate holder shall, on or before the certificate expiration date, submit to the department an administrator certification renewal application and documentation of completion of the required continuing education courses and pay the renewal fee specified in subparagraph (A) of paragraph (1) of subdivision (l), irrespective of receipt of the department’s notification of the renewal. A renewal request postmarked on or before the expiration of the certificate is proof of compliance with this paragraph. (5) A suspended or revoked administrator certificate is subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, as specified in subparagraphs (A) and (C) of paragraph (1) of subdivision (l), accrued at the time of its revocation or suspension. (6) An administrator certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of an administrator certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the fee specified in subparagraph (A) of paragraph (1) of subdivision (l). (7) The department shall charge a fee for the reissuance of a lost administrator certificate, as specified in subparagraph (B) of paragraph (1) of subdivision (l). (8) A certificate holder shall inform the department of their employment status within 30 days of any change. (g) The department may revoke a certificate issued under this section for any of the following: (1) Procuring a certificate by fraud or misrepresentation. (2) Knowingly making or giving any false statement or information in conjunction with the application for issuance of a certificate. (3) Criminal conviction, unless an exemption is granted pursuant to Section 1569.17. (h) Unless otherwise ordered by the department, an administrator certificate shall be considered forfeited under either of the following conditions: (1) The administrator has had a license revoked, suspended, or denied as authorized under Section 1569.50. (2) The administrator has been denied employment, residence, or presence in a facility based on action resulting from an administrative hearing pursuant to Section 1569.58. (i) (1) The department shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions as vendors to conduct administrator certification training programs and continuing education courses. These regulations shall be developed in consultation with provider and consumer organizations, and shall be made available at least six months prior to the deadline required for certification. The department may deny vendor approval to any agency or person that has not provided satisfactory evidence of their ability to meet the requirements of vendorization set out in the regulations adopted pursuant to subdivision (j). (2) (A) A vendor of a self-paced online course shall ensure that each course contains all of the following: (i) An interactive portion where the participant receives feedback, through online communication, based on input from the participant. (ii) Required use of a personal identification number or personal identification information to confirm the identity of the participant. (iii) A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. A person who certifies as true any material matter pursuant to this section that the person knows to be false is guilty of a misdemeanor. (B) This section does not prohibit the department from approving online programs that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the department’s satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section. (3) The department may authorize vendors to conduct the administrator certification training program and continuing education courses pursuant to this section. The department shall conduct the examination pursuant to regulations adopted by the department. (4) The department shall prepare and maintain an updated list of approved training vendors. (5) The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, in order to determine if content and teaching methods comply with paragraphs (1) and (2), if applicable, and with regulations. If the department determines that a vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved training vendor list. (6) The department shall establish reasonable procedures and timeframes, not to exceed 30 days, for the approval of vendor training programs. (7) The department shall charge a fee for an administrator certification training program vendor application or renewal, as specified in subparagraph (A) of paragraph (3) of subdivision (l). (8) The department shall charge a fee for processing a continuing education training program vendor application or renewal, as specified in subparagraph (B) of paragraph (3) of subdivision (l). (9) The department shall charge a fee for processing a continuing education training course, as specified in paragraph (4) of subdivision (l). (j) This section shall be operative upon regulations being adopted by the department to implement the administrator certification training program as provided for in this section. (k) The department shall establish a registry for certificate holders that shall include, at a minimum, information on employment status and criminal record clearance. (l) The department shall charge nonrefundable fees, as follows: (1) Commencing July 1, 2021, the fee amount in subparagraph (A) shall be incrementally increased by 10 percent each year, not to exceed 40 percent, over a four-year period. The current fee specified in subparagraph (A) will be the base for the increase each year and is effective July 1 of each year. (A) The fee for processing an administrator certification application or renewal, including the issuance of the administrator certificate, is one hundred dollars ($100). (B) The fee for the reissuance of a lost administrator certificate is twenty-five dollars ($25). (C) The delinquency fee for processing a late administrator certification renewal application is three hundred dollars ($300), which shall be charged in addition to the fee specified in subparagraph (A). (2) Commencing July 1, 2021, the fee for the administrator certification examination is one hundred dollars ($100), for up to three attempts. (3) Commencing July 1, 2021, fee amounts in subparagraphs (A) and (B) shall be incrementally increased by 10 percent each year, not to exceed 40 percent, over a four-year period. The current fee specified in subparagraphs (A) and (B) will be the base for the increase each year and is effective July 1 of each year. (A) The fee for processing an administrator certification training program vendor application or renewal is one hundred fifty dollars ($150) for each licensed facility type. (B) The fee for processing a continuing education training program vendor application or renewal is one hundred dollars ($100) for each licensed facility type. (4) Commencing July 1, 2021, the fee for processing a continuing education course is ten dollars ($10) per continuing education unit for each licensed facility type. (5) Notwithstanding paragraphs (1) to (4), inclusive, a fee charged pursuant to this subdivision shall not exceed the reasonable costs to the department of conducting the certification training program. (m) Notwithstanding any law to the contrary, a vendor approved by the department who exclusively provides either an administrator certification training program or continuing education courses for administrators of a residential care facility for the elderly, as defined in Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors. (Amended by Stats. 2023, Ch. 43, Sec. 23. (AB 120) Effective July 10, 2023.)
  52. 1569.617.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The section creates a Certification Fund in the State Treasury and requires the department to use fund money, when appropriated by the Legislature, to administer specified certification training programs.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.617. (a) (1) There is hereby created in the State Treasury, the Certification Fund from which moneys, upon appropriation of the Legislature, shall be expended by the department for the purpose of administering the administrator certification training programs for residential care facilities for the elderly pursuant to Sections 1569.23 and 1569.616, for adult residential facilities pursuant to Section 1562.3, and for group homes and short-term residential therapeutic programs pursuant to Section 1522.41. (2) All money contained in the Residential Care Facility for the Elderly Fund on the operative date of this paragraph shall be retained in the Certification Fund for appropriation for the purposes specified in paragraph (1). (b) The Certification Fund shall consist of specific appropriations that the Legislature sets aside for use by the fund and all fees, penalties, and fines collected pursuant to Sections 1522.41, 1562.3, 1569.23, and 1569.616. (Amended by Stats. 2021, Ch. 85, Sec. 15. (AB 135) Effective July 16, 2021.)
  53. 1569.618.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    Residential care facilities for the elderly must keep qualified administrators or managers on site and maintain enough staff to cover care, safety, and 24-hour supervision.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.618. (a) The administrator designated by the licensee pursuant to paragraph (11) of subdivision (a) of Section 1569.15 shall be present at the facility during normal working hours. A facility manager designated by the licensee with notice to the department, shall be responsible for the operation of the facility when the administrator is temporarily absent from the facility. (b) At least one administrator, facility manager, or designated substitute who is at least 21 years of age and has qualifications adequate to be responsible and accountable for the management and administration of the facility pursuant to Title 22 of the California Code of Regulations shall be on the premises 24 hours per day. The designated substitute may be a direct care staff member who shall not be required to meet the educational, certification, or training requirements of an administrator. The designated substitute shall meet qualifications that include, but are not limited to, all of the following: (1) Knowledge of the requirements for providing care and supervision appropriate to each resident of the facility. (2) Familiarity with the facility’s planned emergency procedures. (3) Training to effectively interact with emergency personnel in the event of an emergency call, including an ability to provide a resident’s medical records to emergency responders. (c) The facility shall employ, and the administrator shall schedule, a sufficient number of staff members to do all of the following: (1) Provide the care required in each resident’s written record of care as described in Section 1569.80. (2) Ensure the health, safety, comfort, and supervision of the residents. (3) Ensure that at least one staff member who has cardiopulmonary resuscitation (CPR) training and first aid training is on duty and on the premises at all times. This paragraph shall not be construed to require staff to provide CPR. (4) Ensure that the facility is clean, safe, sanitary, and in good repair at all times. (d) “Facility manager” means a person on the premises with the authority and responsibility necessary to manage and control the day-to-day operation of a residential care facility for the elderly and supervise the clients. The facility manager, licensee, and administrator, or any combination thereof, may be the same person provided he or she meets all applicable requirements. If the administrator is also the facility manager for the same facility, he or she shall be limited to the administration and management of only one facility. (Amended by Stats. 2015, Ch. 628, Sec. 7. (AB 601) Effective January 1, 2016.)
  54. 1569.62.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The director and the department must require and develop training and certification requirements for residential care facility administrators, staff, and related training programs.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.62. (a) The director shall ensure that licensees, administrators, and staff of residential care facilities for the elderly have appropriate training to provide the care and services for which a license or certificate is issued. (b) The department shall develop jointly with the California Department of Aging requirements for a uniform core of knowledge for the required initial certification and continuing education for administrators, and their designated substitutes, and for recertification of administrators of residential care facilities for the elderly. This knowledge base shall include, as a minimum, basic understanding of the psychosocial and physical care needs of elderly persons, applicable laws and regulations, residents’ rights, and administration. This training shall be developed in consultation with individuals or organizations with specific expertise in residential care facilities for the elderly or assisted living services, or by an outside source with expertise in residential care facilities for the elderly or assisted living services. (1) The initial certification training for administrators shall consist of at least 80 hours. (2) The continuing education requirement for administrators is at least 40 hours of training during each two-year certification period, as specified in paragraph (1) of subdivision (f) of Section 1569.616. (c) (1) The department shall develop a uniform resident assessment tool to be used by all residential care facilities for the elderly. The assessment tool shall, in lay terms, help to identify resident needs for service and assistance with activities of daily living. (2) The departments shall develop a mandatory training program on the utilization of the assessment tool to be given to administrators and their designated substitutes. (d) This section shall become operative on January 1, 2016. (Repealed (in Sec. 5) and added by Stats. 2014, Ch. 705, Sec. 6. (SB 911) Effective January 1, 2015. Section operative January 1, 2016, by its own provisions.)
  55. 1569.625.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The department must require training for certain residential care facility staff, and the training must include 40 hours plus annual refresher training.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.625. (a) The Legislature finds that the quality of services provided to residents of residential care facilities for the elderly is dependent upon the training and skills of staff. It is the intent of the Legislature in enacting this section to ensure that direct-care staff have the knowledge and proficiency to carry out the tasks of their jobs. (b) (1) The department shall adopt regulations to require staff members of residential care facilities for the elderly who assist residents with personal activities of daily living to receive appropriate training. This training shall consist of 40 hours of training. A staff member shall complete 20 hours, including six hours specific to dementia care, as required by subdivision (a) of Section 1569.626 and four hours specific to postural supports, restricted health conditions, and hospice care, as required by subdivision (a) of Section 1569.696, before working independently with residents. The remaining 20 hours shall include six hours specific to dementia care and shall be completed within the first four weeks of employment. The training coursework may utilize various methods of instruction, including, but not limited to, lectures, instructional videos, and interactive online courses. The additional 16 hours shall be hands-on training. (2) In addition to paragraph (1), training requirements shall also include an additional 20 hours annually, eight hours of which shall be dementia care training, as required by subdivision (a) of Section 1569.626, and four hours of which shall be specific to postural supports, restricted health conditions, and hospice care, as required by subdivision (a) of Section 1569.696. This training shall be administered on the job, or in a classroom setting, or both, and may include online training. (3) The department shall establish, in consultation with provider organizations, the subject matter required for the training required by this section. (c) The training shall include, but not be limited to, all of the following: (1) Physical limitations and needs of the elderly. (2) Importance and techniques for personal care services. (3) Residents’ rights. (4) Policies and procedures regarding medications. (5) Psychosocial needs of the elderly. (6) Building and fire safety and the appropriate response to emergencies. (7) Dementia care, including the use and misuse of antipsychotics, the interaction of drugs commonly used by the elderly, and the adverse effects of psychotropic drugs for use in controlling the behavior of persons with dementia. (8) The special needs of persons with Alzheimer’s disease and dementia, including nonpharmacologic, person-centered approaches to dementia care. (9) Cultural competency and sensitivity in issues relating to the underserved, aging, lesbian, gay, bisexual, and transgender community. (d) This section shall not apply to certified nurse assistants, certified pursuant to Article 9 (commencing with Section 1337) of Chapter 2, licensed vocational nurses, licensed pursuant to Chapter 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code, and registered nurses, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, except both of the following shall apply: (1) A licensed or certified health professional with valid certification shall receive eight hours of training on resident characteristics, resident records, and facility practices and procedures prior to providing direct care to residents. (2) In addition to paragraph (1), a certified nurse assistant shall also receive the 12 hours of dementia care training specified in Section 1569.626 and the annual training specified in paragraph (2) of subdivision (b). (e) This section shall become operative on January 1, 2016. (Repealed (in Sec. 2.5) and added by Stats. 2014, Ch. 701, Sec. 2.7. (AB 2044) Effective January 1, 2015. Section operative January 1, 2016, by its own provisions.)
  56. 1569.626.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    Residential care facilities for the elderly must provide dementia care training for direct care staff.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.626. (a) All residential care facilities for the elderly shall meet the following training requirements, as described in Section 1569.625, for all direct care staff: (1) Twelve hours of dementia care training, six of which shall be completed before a staff member begins working independently with residents, and the remaining six hours of which shall be completed within the first four weeks of employment. All 12 hours shall be devoted to the care of persons with dementia. The facility may utilize various methods of instruction, including, but not limited to, preceptorship, mentoring, and other forms of observation and demonstration. The orientation time shall be exclusive of any administrative instruction. (2) Eight hours of in-service training per year on the subject of serving residents with dementia. This training shall be developed in consultation with individuals or organizations with specific expertise in dementia care or by an outside source with expertise in dementia care. In formulating and providing this training, reference may be made to written materials and literature on dementia and the care and treatment of persons with dementia. This training requirement may be satisfied in one day or over a period of time. This training requirement may be provided at the facility or offsite and may include a combination of observation and practical application. (b) This section shall become operative on January 1, 2016. (Repealed (in Sec. 5) and added by Stats. 2014, Ch. 698, Sec. 6. (AB 1570) Effective January 1, 2015. Section operative January 1, 2016, by its own provisions.)
  57. 1569.627.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    Certain residential care facilities for the elderly must disclose special dementia-related features in their plan of operation and provide the information to the public on request.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.627. Any residential care facility for the elderly that advertises or promotes special care, special programming, or a special environment for persons with dementia shall disclose to the department the special features of the facility in its plan of operation. This information shall be provided to the public by the facility upon request. The information shall include a brief narrative description of all of the following facility features: (a) Philosophy, including, but not limited to, program goals. (b) Preadmission assessment. (c) Admission. (d) Assessment. (e) Program. (f) Staff. (g) Staff training. (h) Physical environment. (i) Changes in condition, including, but not limited to, when and under what circumstances are changes made to a participant’s care plan. (j) Success indicators. (Added by Stats. 2000, Ch. 434, Sec. 6. Effective January 1, 2001.)
  58. 1569.628.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    A qualifying residential care facility licensee must give prospective residents a written, accurate narrative description of certain special care programs before admission, and make reasonable efforts to explain it to someone who cannot read it.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.628. A licensee of a residential care facility for the elderly that advertises or promotes special care, programming, or environments for persons with a health related condition, except as specified in Section 1569.72, shall provide to each prospective resident an accurate narrative description of these programs and services. The description shall be provided in writing prior to admission. All reasonable efforts shall be made to communicate the information in the narrative description to a person who is unable to read it himself or herself, including, but not limited to, reading the description out loud. (Added by Stats. 2003, Ch. 322, Sec. 1. Effective January 1, 2004.)
  59. 1569.63.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

    Verify source ↗

    The director must ensure licensing personnel at the department are appropriately trained to carry out this chapter.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.63. The director shall insure that licensing personnel at the department have appropriate training to properly carry out this chapter. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
  60. 1569.64.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The department must run a staff development and training program, give staff 36 hours of training per year, prioritize applicants with elder-care experience, and train new staff within six months of employment.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.64. The department shall institute a staff development and training program within the organization structure to develop among staff the knowledge and understanding necessary to successfully carry out this chapter. Specifically, the department shall do all of the following: (a) Provide staff with 36 hours of training per year that reflect the unique needs of the elderly. (b) Give priority to applications from individuals with experience as care providers to the elderly. (c) Provide new staff with comprehensive training within the first six months of employment. This training shall, at a minimum, include the following core areas: administrative action process, client populations, conducting facility visits, cultural awareness, documentation skills, facility operations, human relation skills, interviewing techniques, investigation processes, and regulation administration. This training shall also provide new staff who have earned fewer than 16 semester units in gerontology or geriatric education from an accredited college at least 40 hours of preservice training in the aging process and the psycho-social and health care needs of elderly persons. (Amended by Stats. 1992, Ch. 1319, Sec. 2. Effective January 1, 1993.)
  61. 1569.65.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The department must publish and develop a consumer brochure about choosing a licensed residential care facility for the elderly, and distribute it after publication.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.65. (a) On or before January 1, 1987, the department shall publish a comprehensive consumer guideline brochure to assist persons in the evaluation and selection of a licensed residential care facility for the elderly. The department shall develop the brochure for publication with the advice and assistance of the Advisory Committee on Community Care Facilities and the State Department of Aging. (b) The consumer guideline brochure shall include, but not be limited to, guidelines highlighting resident health and safety issues to be considered in the selection of a residential care facility for the elderly, locations of the licensing offices of the State Department of Social Services where facility records may be reviewed, types of local organizations which may have additional information on specific facilities, and a list of recommended inquiries to be made in the selection of a residential care facility for the elderly. (c) Upon publication, the consumer guideline brochures shall be distributed to statewide resident advocacy groups, statewide consumer advocacy groups, state and local ombudsmen, and all licensed residential care facilities for the elderly. The brochure shall be made available on request to all other interested persons. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
  62. 1569.651.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    Residential care facility licensees have specific limits on preadmission fees and deposits, must disclose fee costs and refundability, and must provide refunds in specified cases.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.651. (a) A licensee of a residential care facility for the elderly shall not require any form of preadmission fee or deposit from a recipient under the State Supplementary Program for the Aged, Blind and Disabled (Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code) who applies for admission to the facility. (b) If a licensee charges a preadmission fee, the licensee shall provide the applicant or his or her representative with a written general statement describing all costs associated with the preadmission fee charges and stating that the preadmission fee is refundable. The statement shall describe the conditions for the refund as specified in subdivision (g). A licensee shall only charge a single preadmission fee as defined in subdivision (e) per resident admission. (c) A licensee of a residential care facility for the elderly shall not require, request, or accept any funds from a resident or a resident’s representative that constitutes a deposit against any possible damages by the resident. (d) Any fee charged by a licensee of a residential care facility for the elderly, whether prior to or after admission, shall be clearly specified in the admission agreement. (e) For the purposes of this section, “preadmission fee” means an application fee, processing fee, admission fee, entrance fee, community fee, or other fee, however designated, that is requested or accepted by a licensee of a residential care facility for the elderly prior to admission. (f) This section shall not apply to licensees of residential care facilities for the elderly that have obtained a certificate of authority to offer continuing care contracts, as defined in paragraph (8) of subdivision (c) of Section 1771. (g) If the applicant decides not to enter the facility prior to the facility’s completion of a preadmission appraisal or if the facility fails to provide full written disclosure of the preadmission fee charges and refund conditions, the applicant or the applicant’s representative shall be entitled to a refund of 100 percent of the preadmission fee. (h) Unless subdivision (g) applies, preadmission fees in excess of five hundred dollars ($500) shall be refunded according to the following: (1) If the applicant does not enter the facility after a preadmission appraisal is conducted, the applicant or the applicant’s representative shall be entitled to a refund of at least 80 percent of the preadmission fee amount in excess of five hundred dollars ($500). (2) If the resident leaves the facility for any reason during the first month of residency, the resident shall be entitled to a refund of at least 80 percent of the preadmission fee amount in excess of five hundred dollars ($500). (3) If the resident leaves the facility for any reason during the second month of residency, the resident shall be entitled to a refund of at least 60 percent of the preadmission fee amount in excess of five hundred dollars ($500). (4) If the resident leaves the facility for any reason during the third month of residency, the resident shall be entitled to a refund of at least 40 percent of the preadmission fee amount in excess of five hundred dollars ($500). (5) The facility may, but is not required to, make a refund of the preadmission fee for residents living in the facility for four or more months. (i) (1) Notwithstanding subdivision (g), if a resident is evicted by a facility pursuant to subdivision (a) of Section 1569.682, the resident or the resident’s legal representative shall be entitled to a refund of preadmission fees in excess of five hundred dollars ($500) in accordance with all of the following: (A) A 100-percent refund if preadmission fees were paid within six months of notice of eviction. (B) A 75-percent refund if preadmission fees were paid more than six months but not more than 12 months before notice of eviction. (C) A 50-percent refund if preadmission fees were paid more than 12 months but not more than 18 months before notice of eviction. (D) A 25-percent refund if preadmission fees were paid more than 18 months but less than 25 months before notice of eviction. (2) No preadmission refund is required if preadmission fees were paid 25 months or more before the notice of eviction. (3) The preadmission refund required by this subdivision shall be paid within 15 days of issuing the eviction notice. (Amended by Stats. 2007, Ch. 686, Sec. 1. Effective January 1, 2008.)
  63. 1569.652.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    A residential care facility for the elderly may not require advance notice to end an admission agreement when a resident dies, and a licensee may not block removal of the deceased resident’s property.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.652. (a) A residential care facility for the elderly shall not require advance notice for terminating an admission agreement upon the death of a resident. No fees shall accrue once all personal property belonging to the deceased resident is removed from the living unit. (b) Upon the death of a resident, a licensee shall not impede the removal of the resident’s personal property from the facility during reasonable hours by an individual or individuals authorized by the resident or the resident’s responsible person, as identified in the admission agreement or attachment, or by a court-appointed executor or administrator of the decedent’s estate, if applicable. (c) A refund of any fees paid in advance covering the time after the resident’s personal property has been removed from the facility shall be issued to the individual, individuals, or entity contractually responsible for the fees or, if the deceased resident paid the fees, to the resident’s estate, within 15 days after the personal property is removed. (d) If fees are assessed while a resident’s personal property remains in a unit after the resident is deceased, a licensee shall, within three days of becoming aware of the resident’s death, provide to the resident’s responsible person, or other individual or individuals as identified in the admission agreement or attachment, written notice of the facility’s policies regarding contract termination upon death and refunds. (e) This section shall not apply to fees charged by a continuing care equity project as defined in paragraph (6) of subdivision (e) of Section 1771 or amounts deducted from entrance fee refunds or repayments described in paragraph (2) of subdivision (r) of Section 1771. (Added by Stats. 2013, Ch. 290, Sec. 1. (AB 261) Effective January 1, 2014.)
  64. 1569.655.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    A residential care facility licensee must give residents or their representatives at least 90 days’ written notice before increasing fees or service rate structures, and may not charge nonrecurring lump-sum assessments, subject to stated exceptions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.655. (a) If a licensee of a residential care facility for the elderly increases the rates of fees for residents or makes increases in any of its rate structures for services, the licensee shall provide no less than 90 days’ prior written notice to the residents or the residents’ representatives setting forth the amount of the increase and the reason or reasons for the increase, including a description of the additional costs, except for an increase in the rate due to a change in the level of care of the resident. (b) A licensee shall not charge nonrecurring lump-sum assessments. The notification requirements contained in subdivision (a) shall apply to increases specified in this subdivision. For purposes of this subdivision, “nonrecurring lump-sum assessments” mean rate increases due to unavoidable and unexpected costs that financially obligate the licensee. In lieu of the lump-sum payment, all increases in rates shall be to the monthly rate amortized over a 12-month period. The prohibition against a lump-sum assessment shall not apply to charges for specific goods or services provided to an individual resident. (c) If a licensee increases rates for a recipient under the State Supplementary Program for the Aged, Blind and Disabled, described in Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, the licensee shall meet the requirements for SSI/SSP rate increases, as prescribed by law. (d) This section shall not apply to licensees of residential care facilities for the elderly that have obtained a certificate of authority to offer continuing care contracts, as defined in paragraph (5) of subdivision (c) of Section 1771. (Amended by Stats. 2024, Ch. 340, Sec. 2. (SB 1406) Effective January 1, 2025.)
  65. 1569.657.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    If a resident’s care level changes and the rate goes up, the licensee must give written notice to the resident and any representative within two business days and include an explanation of the added services and charges.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.657. (a) For any rate increase due to a change in the level of care of the resident, the licensee shall provide the resident and the resident’s representative, if any, written notice of the rate increase within two business days after initially providing services at the new level of care. The notice shall include a detailed explanation of the additional services to be provided at the new level of care and an accompanying itemization of the charges. (b) This section shall not apply to any resident of the facility who is a recipient of benefits pursuant to Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code under the State Supplementary Program for Aged, Blind and Disabled. (c) This section shall not apply to a provider who has entered into one or more continuing care contracts at a licensed residential care facility for the elderly pursuant to a certificate of authority, as defined in paragraph (5) of subdivision (c) of Section 1771. (Added by Stats. 2004, Ch. 401, Sec. 1. Effective January 1, 2005.)
  66. 1569.658.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    A licensed residential care facility for the elderly must prepare and give annual rate-increase disclosures, and keep proof of receipt signed by the resident or representative.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.658. (a) On or before January 31 of each year, the licensee of a licensed residential care facility for the elderly shall prepare a document disclosing its average monthly rate increases, inclusive of rates for living units and service fees, for each of the previous 3 years. For purposes of this section, “service fees” do not include fees for optional services or services provided by a third party. The licensee shall disclose the average amount of the increase, as well as the average percentage of increase. Newly licensed facilities without three years of resident rate increase history shall disclose the average increase for the years during which the facility has been serving residents. This section does not apply to newly licensed facilities with no current residents. (b) The licensee shall provide a written copy of the disclosure required by this section to every resident or resident’s representative, upon signing an admission agreement to receive residential or other services from the facility. The resident or resident’s representative shall sign a confirmation of receipt of the disclosure, which shall be maintained by the facility in the resident’s file. (c) The licensee shall provide a copy of the most recent disclosure required by this section to any prospective resident, or his or her representative. (d) This section shall not apply to a licensee of a residential care facility for the elderly that has obtained a certificate of authority to offer a continuing care contract, as defined in paragraph (5) of subdivision (c) of Section 1771. (Added by Stats. 2008, Ch. 478, Sec. 1. Effective January 1, 2009.)
  67. 1569.66.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The director must publish and make available a list of all licensed residential care facilities for the elderly and the services each is licensed to provide, at least once a year.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.66. At least annually, the director shall publish and make available to interested persons a list or lists covering all licensed residential care facilities for the elderly and the services for which each facility has been licensed. A list or lists containing changes shall be published and made available periodically, as determined by the director. (Amended by Stats. 1986, Ch. 844, Sec. 8.)
  68. 1569.67.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The department must create a notice about inspection reports, and it must adopt regulations requiring each residential care facility to give that notice and the nearest district office address to certain requesters and residents.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.67. (a) The department shall develop a written notice for the purpose of informing any individual who requests information regarding admission to a residential care facility for the elderly that the department’s licensing analysts’ inspection reports on all residential care facilities for the elderly are on file and are available for public review in the department’s community care licensing district office nearest to each residential care facility for the elderly. (b) The department shall adopt regulations requiring that each residential care facility provide this notice, as well as the address of the nearest departmental community care licensing district office, to any individual who requests information regarding admission to a residential care facility for the elderly and to any resident of the facility. (Added by Stats. 1989, Ch. 911, Sec. 1.)
  69. 1569.68.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    Residential care facilities must include their current license number in any public advertisement or correspondence.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.68. All residential care facilities shall be required to include their current license number in any public advertisement or correspondence. (Added by Stats. 1989, Ch. 465, Sec. 1.)
  70. 1569.681.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    Licensed residential care facilities for the elderly must disclose their license number in ads, publications, or announcements intended to attract clients or residents.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.681. (a) Each residential care facility for the elderly licensed under this chapter shall reveal its license number in all advertisements, publications, or announcements made with the intent to attract clients or residents. (b) Advertisements, publications, or announcements subject to the requirements of subdivision (a) referred to herein include, but are not limited to, those contained in the following: (1) Newspaper or magazine. (2) Consumer report. (3) Announcement of intent to commence business. (4) Telephone directory yellow pages. (5) Professional or service directory. (6) Radio or television commercial. (Added by renumbering Section 1569.314 (as added by Stats. 1989, Ch. 458) by Stats. 1990, Ch. 1137, Sec. 1.)
  71. 1569.682.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    A licensed residential care facility for the elderly must plan and manage resident transfers carefully, give required eviction notices, provide refunds in some cases, and follow closure-plan and reporting rules.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.682. (a) A licensee of a licensed residential care facility for the elderly shall, prior to transferring a resident of the facility to another facility or to an independent living arrangement as a result of the forfeiture of a license, as described in subdivision (a), (b), or (f) of Section 1569.19, or a change of use of the facility pursuant to the department’s regulations, take all reasonable steps to transfer affected residents safely and to minimize possible transfer trauma, and shall, at a minimum, do all of the following: (1) Prepare, for each resident, a relocation evaluation of the needs of that resident, which shall include both of the following: (A) Recommendations on the type of facility that would meet the needs of the resident based on the current service plan. (B) A list of facilities, within a 60-mile radius of the resident’s current facility, that meet the resident’s present needs. (2) Provide each resident or the resident’s responsible person with a written notice no later than 60 days before the intended eviction. The notice shall include all of the following: (A) The reason for the eviction, with specific facts to permit a determination of the date, place, witnesses, and circumstances concerning the reasons. (B) A copy of the resident’s current service plan. (C) The relocation evaluation. (D) A list of referral agencies. (E) The right of the resident or resident’s legal representative to contact the department to investigate the reasons given for the eviction pursuant to Section 1569.35. (F) The contact information for the local long-term care ombudsman, including address and telephone number. (3) Discuss the relocation evaluation with the resident and the resident’s legal representative within 30 days of issuing the notice of eviction. (4) Submit a written report of any eviction to the licensing agency within five days. (5) Upon issuing the written notice of eviction, a licensee shall not accept new residents or enter into new admission agreements. (6) (A) For paid preadmission fees in excess of five hundred dollars ($500), the resident is entitled to a refund in accordance with all of the following: (i) A 100-percent refund if preadmission fees were paid within six months of notice of eviction. (ii) A 75-percent refund if preadmission fees were paid more than six months but not more than 12 months before notice of eviction. (iii) A 50-percent refund if preadmission fees were paid more than 12 months but not more than 18 months before notice of eviction. (iv) A 25-percent refund if preadmission fees were paid more than 18 months but less than 25 months before notice of eviction. (B) No preadmission refund is required if preadmission fees were paid 25 months or more before the notice of eviction. (C) The preadmission refund required by this paragraph shall be paid within 15 days of issuing the eviction notice. In lieu of the refund, the resident may request that the licensee provide a credit toward the resident’s monthly fee obligation in an amount equal to the preadmission fee refund due. (7) If the resident gives notice five days before leaving the facility, the licensee shall refund to the resident or the resident’s legal representative a proportional per diem amount of any prepaid monthly fees at the time the resident leaves the facility and the unit is vacated. Otherwise the licensee shall pay the refund within seven days from the date that the resident leaves the facility and the unit is vacated. (8) Within 10 days of all residents having left the facility, the licensee, based on information provided by the resident or resident’s legal representative, shall submit a final list of names and new locations of all residents to the department and the local ombudsman program. (b) If seven or more residents of a residential care facility for the elderly will be transferred as a result of the forfeiture of a license or change in the use of the facility pursuant to subdivision (a), the licensee shall submit a proposed closure plan to the department for approval. The department shall approve or disapprove the closure plan, and monitor its implementation, in accordance with the following requirements: (1) Upon submission of the closure plan, the licensee shall be prohibited from accepting new residents and entering into new admission agreements for new residents. (2) The closure plan shall meet the requirements described in subdivision (a), and describe the staff available to assist in the transfers. The department’s review shall include a determination as to whether the licensee’s closure plan contains a relocation evaluation for each resident. (3) Within 15 working days of receipt, the department shall approve or disapprove the closure plan prepared pursuant to this subdivision, and, if the department approves the plan, it shall become effective upon the date the department grants its written approval of the plan. (4) If the department disapproves a closure plan, the licensee may resubmit an amended plan, which the department shall promptly either approve or disapprove, within 10 working days of receipt by the department of the amended plan. If the department fails to approve a closure plan, it shall inform the licensee, in writing, of the reasons for the disapproval of the plan. (5) If the department fails to take action within 20 working days of receipt of either the original or the amended closure plan, the plan, or amended plan, as the case may be, shall be deemed approved. (6) Until the department has approved a licensee’s closure plan, the facility shall not issue a notice of transfer or require any resident to transfer. (7) Upon approval by the department, the licensee shall send a copy of the closure plan to the local ombudsman program. (c) A licensee shall inform the city and county in which the facility is located of a proposed closure, including whether the licensee intends to sell the property or business, no later than 180 days before the proposed closure, or as soon as practicably possible. (d) (1) If a licensee fails to comply with the requirements of this section, or if the director determines that it is necessary to protect the residents of a facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety, the department shall take any necessary action to minimize trauma for the residents, including caring for the residents through the use of a temporary manager or receiver as provided for in Sections 1569.481 and 1569.482 when the director determines the immediate relocation of the residents is not feasible based on transfer trauma or other considerations such as the unavailability of alternative placements. The department shall contact any local agency that may have assessment, placement, protective, or advocacy responsibility for the residents, and shall work together with those agencies to locate alternative placement sites, contact relatives or other persons responsible for the care of these residents, provide onsite evaluation of the residents, and assist in the transfer of residents. (2) The participation of the department and local agencies in the relocation of residents from a residential care facility for the elderly does not relieve the licensee of any responsibility under this section. A licensee that fails to comply with the requirements of this section shall be required to reimburse the department and local agencies for the cost of providing the relocation services or the costs incurred in caring for the residents through the use of a temporary manager or receiver as provided for in Sections 1569.481 and 1569.482. If the licensee fails to provide the relocation services required in this section, then the department may request that the Attorney General’s office, the city attorney’s office, or the local district attorney’s office seek injunctive relief and damages in the same manner as provided for in Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code, including restitution to the department of any costs incurred in caring for the residents through the use of a temporary manager or receiver as provided for in Sections 1569.481 and 1569.482. (e) A licensee who fails to comply with requirements of this section shall be liable for the imposition of civil penalties in the amount of one hundred dollars ($100) per violation per day for each day that the licensee is in violation of this section, until such time that the violation has been corrected. The civil penalties shall be issued immediately following the written notice of violation. However, if the violation does not present an immediate or substantial threat to the health or safety of residents and the licensee corrects the violation within three days after receiving the notice of violation, the licensee shall not be liable for payment of any civil penalties pursuant to this subdivision related to the corrected violation. (f) A licensee, on and after January 1, 2015, who fails to comply with this section and abandons the facility and the residents in care resulting in an immediate and substantial threat to the health and safety of the abandoned residents, in addition to forfeiture of the license pursuant to Section 1569.19, shall be excluded from licensure in facilities licensed by the department without the right to petition for reinstatement. (g) A resident of a residential care facility for the elderly covered under this section may bring a civil action against any person, firm, partnership, or corporation who owns, operates, establishes, manages, conducts, or maintains a residential care facility for the elderly who violates the rights of a resident, as set forth in this section. Any person, firm, partnership, or corporation who owns, operates, establishes, manages, conducts, or maintains a residential care facility for the elderly who violates this section shall be responsible for the acts of the facility’s employees and shall be liable for costs and attorney’s fees. Any such residential care facility for the elderly may also be enjoined from permitting the violation to continue. The remedies specified in this section are in addition to any other remedy provided by law. (h) This section does not apply to a licensee that has obtained a certificate of authority to offer continuing care contracts, as defined in paragraph (8) of subdivision (c) of Section 1771. (Amended by Stats. 2020, Ch. 11, Sec. 11. (AB 79) Effective June 29, 2020.)
  72. 1569.683.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    A residential care facility licensee that gives a resident an eviction notice must include the reasons and specific facts in the notice, add required information about relocation help and complaint rights, and send or mail a copy to the resident’s responsible person in the specified circumstances.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.683. (a) In addition to complying with other applicable regulations, a licensee of a residential care facility for the elderly who sends a notice of eviction to a resident shall set forth in the notice to quit the reasons relied upon for the eviction, with specific facts to permit determination of the date, place, witnesses, and circumstances concerning those reasons. In addition, the notice to quit shall include all of the following: (1) The effective date of the eviction. (2) Resources available to assist in identifying alternative housing and care options, including public and private referral services and case management organizations. (3) Information about the resident’s right to file a complaint with the department regarding the eviction, with the name, address, and telephone number of the nearest office of community care licensing and the State Ombudsman. (4) The following statement: “In order to evict a resident who remains in the facility after the effective date of the eviction, the residential care facility for the elderly must file an unlawful detainer action in superior court and receive a written judgment signed by a judge. If the facility pursues the unlawful detainer action, you must be served with a summons and complaint. You have the right to contest the eviction in writing and through a hearing.” (b) The licensee, in addition to either serving a 30-day notice, or seeking approval from the department and serving three days notice, on the resident, shall notify, or mail a copy of the notice to quit to, the resident’s responsible person. (Added by Stats. 2009, Ch. 617, Sec. 2. (SB 781) Effective January 1, 2010.)
  73. 1569.686.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    A licensee must notify specified recipients in writing within two business days, and notify prospective residents before admission, when certain foreclosure, eviction, bankruptcy, rent default, or utility-termination events occur or become known.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.686. (a) A licensee shall notify the department, the State Long-Term Care Ombudsman, all residents, and, if applicable, their legal representatives, in writing, within two business days, and shall notify all applicants for potential residence, and, if applicable, their legal representatives, prior to admission, of any of the following events, or knowledge of the event: (1) A notice of default, notice of trustee’s sale, or any other indication of foreclosure is issued on the property. (2) An unlawful detainer action is initiated against the licensee. (3) The licensee files for bankruptcy. (4) The licensee receives a written notice of default of payment of rent described in Section 1161 of the Code of Civil Procedure. (5) A utility company has sent a notice of intent to terminate electricity, gas, or water service on the property within not more than 15 days of the notice. (b) Upon receipt of the notice required pursuant to subdivision (a), the department shall initiate a compliance plan, noncompliance conference, or other appropriate action. (c) A licensee who fails to comply with this section may be liable for civil penalties in an amount not to exceed one hundred dollars ($100) for each day of the failure to provide notification required in this section. The total civil penalty shall not exceed two thousand dollars ($2,000). If a resident is relocated without the notification required by this section, and suffers transfer trauma or other harm to his or her health or safety, the department may also suspend or revoke the licensee’s license and issue a permanent revocation of the licensee’s ability to operate or act as an administrator of a facility anywhere in the state. Suspension or revocation proceedings pursuant to this subdivision shall be conducted in compliance with Section 1569.51. (d) For purposes of this section, “property” means the land or building in which a residential care facility for the elderly is located. (e) This section shall not apply to licensees of residential care facilities for the elderly that have obtained a certificate of authority, as defined in paragraph (5) of subdivision (c) of Section 1771, to offer continuing care contracts, as defined in paragraph (8) of subdivision (c) of Section 1771. (Added by Stats. 2011, Ch. 376, Sec. 3. (SB 897) Effective January 1, 2012.)
  74. 1569.69.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    Residential care facilities for the elderly must train employees who help residents self-administer medications, keep certain documentation, and follow annual refresher and qualification rules.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.69. (a) Each residential care facility for the elderly licensed under this chapter shall ensure that each employee of the facility who assists residents with the self-administration of medications meets all of the following training requirements: (1) In facilities licensed to provide care for 16 or more persons, the employee shall complete 24 hours of initial training. This training shall consist of 16 hours of hands-on shadowing training, which shall be completed prior to assisting with the self-administration of medications, and 8 hours of other training or instruction, as described in subdivision (f), which shall be completed within the first four weeks of employment. (2) In facilities licensed to provide care for 15 or fewer persons, the employee shall complete 10 hours of initial training. This training shall consist of 6 hours of hands-on shadowing training, which shall be completed prior to assisting with the self-administration of medications, and 4 hours of other training or instruction, as described in subdivision (f), which shall be completed within the first two weeks of employment. (3) An employee shall be required to complete the training requirements for hands-on shadowing training described in this subdivision prior to assisting any resident in the self-administration of medications. The training and instruction described in this subdivision shall be completed, in their entirety, within the first two weeks of employment. (4) The training shall cover all of the following areas: (A) The role, responsibilities, and limitations of staff who assist residents with the self-administration of medication, including tasks limited to licensed medical professionals. (B) An explanation of the terminology specific to medication assistance. (C) An explanation of the different types of medication orders: prescription, over-the-counter, controlled, and other medications. (D) An explanation of the basic rules and precautions of medication assistance. (E) Information on medication forms and routes for medication taken by residents. (F) A description of procedures for providing assistance with the self-administration of medications in and out of the facility, and information on the medication documentation system used in the facility. (G) An explanation of guidelines for the proper storage, security, and documentation of centrally stored medications. (H) A description of the processes used for medication ordering, refills, and the receipt of medications from the pharmacy. (I) An explanation of medication side effects, adverse reactions, errors, the adverse effects of psychotropic drugs for use in controlling the behavior of persons with dementia, and the increased risk of death when elderly residents with dementia are given antipsychotic medications. (5) To complete the training requirements set forth in this subdivision, each employee shall pass an examination that tests the employee’s comprehension of, and competency in, the subjects listed in paragraph (4). (6) Residential care facilities for the elderly shall encourage pharmacists and licensed medical professionals to use plain English when preparing labels on medications supplied to residents. As used in this section, “plain English” means that no abbreviations, symbols, or Latin medical terms shall be used in the instructions for the self-administration of medication. (7) The training requirements of this section are not intended to replace or supplant those required of all staff members who assist residents with personal activities of daily living as set forth in Sections 1569.625 and 1569.696. (8) The training requirements of this section shall be repeated if either of the following occur: (A) An employee returns to work for the same licensee after a break of service of more than 180 consecutive calendar days. (B) An employee goes to work for another licensee in a facility in which he or she assists residents with the self-administration of medication. (b) Each employee who received training and passed the examination required in paragraph (5) of subdivision (a), and who continues to assist with the self-administration of medicines, shall also complete eight hours of in-service training on medication-related issues in each succeeding 12-month period. (c) The requirements set forth in subdivisions (a) and (b) do not apply to persons who are licensed medical professionals. (d) Each residential care facility for the elderly that provides employee training under this section shall use the training material and the accompanying examination that are developed by, or in consultation with, a licensed nurse, pharmacist, or physician. The licensed residential care facility for the elderly shall maintain the following documentation for each medical consultant used to develop the training: (1) The name, address, and telephone number of the consultant. (2) The date when consultation was provided. (3) The consultant’s organization affiliation, if any, and any educational and professional qualifications specific to medication management. (4) The training topics for which consultation was provided. (e) Each person who provides employee training under this section shall meet the following education and experience requirements: (1) A minimum of five hours of initial, or certified continuing, education or three semester units, or the equivalent, from an accredited educational institution, on topics relevant to medication management. (2) The person shall meet any of the following practical experience or licensure requirements: (A) Two years of full-time experience, within the last four years, as a consultant with expertise in medication management in areas covered by the training described in subdivision (a). (B) Two years of full-time experience, or the equivalent, within the last four years, as an administrator for a residential care facility for the elderly, during which time the individual has acted in substantial compliance with applicable regulations. (C) Two years of full-time experience, or the equivalent, within the last four years, as a direct care provider assisting with the self-administration of medications for a residential care facility for the elderly, during which time the individual has acted in substantial compliance with applicable regulations. (D) Possession of a license as a medical professional. (3) The licensed residential care facility for the elderly shall maintain the following documentation on each person who provides employee training under this section: (A) The person’s name, address, and telephone number. (B) Information on the topics or subject matter covered in the training. (C) The times, dates, and hours of training provided. (f) Other training or instruction, as required in paragraphs (1) and (2) of subdivision (a), may be provided offsite, and may use various methods of instruction, including, but not limited to, all of the following: (1) Lectures by presenters who are knowledgeable about medication management. (2) Video recorded instruction, interactive material, online training, and books. (3) Other written or visual materials approved by organizations or individuals with expertise in medication management. (g) Residential care facilities for the elderly licensed to provide care for 16 or more persons shall maintain documentation that demonstrates that a consultant pharmacist or nurse has reviewed the facility’s medication management program and procedures at least twice a year. (h) Nothing in this section authorizes unlicensed personnel to directly administer medications. (i) This section shall become operative on January 1, 2016. (Repealed (in Sec. 7) and added by Stats. 2014, Ch. 705, Sec. 8. (SB 911) Effective January 1, 2015. Section operative January 1, 2016, by its own provisions.)
  75. 1569.695.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    Residential care facilities for the elderly must maintain and keep ready an emergency and disaster plan with specific evacuation, supplies, communication, drill, training, and recordkeeping features.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.695. (a) In addition to any other requirement of this chapter, a residential care facility for the elderly shall have an emergency and disaster plan that shall include, but not be limited to, all of the following: (1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch. (2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an outage. (3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts. (4) A contact information list of all of the following: (A) Emergency response personnel. (B) The Community Care Licensing Division within the State Department of Social Services. (C) The local long-term care ombudsman. (D) Transportation providers. (5) At least two appropriate shelter locations that can house facility residents during an evacuation. One of the locations shall be outside of the immediate area. (6) The location of utility shut-off valves and instructions for use. (7) Procedures that address, but are not limited to, all of the following: (A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturer’s operating instructions shall be followed. (B) Responding to an individual resident’s needs if the emergency call buttons are inoperable. (C) Process for communicating with residents, families, hospice providers, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Residents and their responsible parties shall be informed of the process for communicating during an emergency. (D) Assistance with, and administration of, medications. (E) Storage and preservation of medications, including the storage of medications that require refrigeration. (F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs. (G) A process for identifying residents with special needs, such as hospice, and a plan for meeting those needs. (H) Procedures for confirming the location of each resident during an emergency response. (b) A facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster. (c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of residents is not required during a drill. While a facility may provide an opportunity for residents to participate in a drill, it shall not require any resident participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and the names of staff participating in the drill. (d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee or administrator shall sign and date documentation to indicate that the plan has been reviewed and updated as necessary. (e) A facility shall have all of the following information readily available to facility staff during an emergency: (1) A resident roster with the date of birth for each resident. (2) An appraisal of resident needs and services plan for each resident. (3) A resident medication list for residents with centrally stored medications. (4) Contact information for the responsible party and physician for each resident. (f) A facility shall have both of the following in place: (1) An evacuation chair at each stairwell, on or before July 1, 2019. (2) A set of keys available to facility staff on each shift for use during an evacuation that provides access to all of the following: (A) All occupied resident units. (B) All facility vehicles. (C) All facility exit doors. (D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies. (g) A facility shall make the plan available upon request to residents onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Resident and employee information shall be kept confidential. (h) An applicant seeking a license for a new facility shall submit the emergency and disaster plan with the initial license application required under Section 1569.15. (i) The department’s Community Care Licensing Division shall confirm, during annual licensing visits, that the emergency and disaster plan is on file at the facility and includes required content. (j) A facility is encouraged to provide a copy of its emergency and disaster plan to the medical health operational area coordinator described in Section 1797.153. (k) Nothing in this section shall create a new or additional requirement for the department to evaluate the emergency and disaster plan. (Amended by Stats. 2025, Ch. 546, Sec. 8. (SB 582) Effective January 1, 2026.)
  76. 1569.696.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    Residential care facilities for the elderly must train direct care staff on specified care topics, including initial four-hour training and yearly in-service training.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6. Other Provisions [1569.60 - 1569.696] ( Article 6 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.696. (a) All residential care facilities for the elderly shall provide training to direct care staff on postural supports, restricted conditions or health services, and hospice care as a component of the training requirements specified in Section 1569.625. The training shall include all of the following: (1) Four hours of training on the care, supervision, and special needs of those residents, prior to providing direct care to residents. The facility may utilize various methods of instruction, including, but not limited to, preceptorship, mentoring, and other forms of observation and demonstration. The orientation time shall be exclusive of any administrative instruction. (2) Four hours of training thereafter of in-service training per year on the subject of serving those residents. (b) This training shall be developed in consultation with individuals or organizations with specific expertise in the care of those residents described in subdivision (a). In formulating and providing this training, reference may be made to written materials and literature. This training requirement may be provided at the facility or offsite and may include a combination of observation and practical application. (c) This section shall become operative on January 1, 2016. (Added by Stats. 2014, Ch. 705, Sec. 9. (SB 911) Effective January 1, 2015. Section operative January 1, 2016, by its own provisions.)
  77. 1569.698.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6.6. Secured Perimeters [1569.698 - 1569.7] ( Article 6.6 added by Stats. 1995, Ch. 550, Sec. 2. )

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    Residential care facilities for the elderly may use certain secured perimeter measures only under specified conditions, and the department must adopt implementing regulations.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6.6. Secured Perimeters [1569.698 - 1569.7] ( Article 6.6 added by Stats. 1995, Ch. 550, Sec. 2. ) ## 1569.698. (a) The State Fire Marshal has proposed that the California Building Standards Commission adopt building standards to provide for locked and secured perimeters in residential care facilities for the elderly that care for persons with major neurocognitive disorder: (1) It is acknowledged that these building standards will not become effective until October 1, 1996. (2) It is the policy of the California Building Standards Commission that building standards be adopted exclusively into the California Building Standards Code and not into state statute. (3) However, in recognition of the immediate need of residential care facilities for the elderly caring for persons with major neurocognitive disorder to provide a secured environment, it is the intent of the Legislature that the building standards for locked and secured perimeters proposed by the State Fire Marshal for adoption in the 1994 California Building Standards Code, as set forth in Section 1569.699, be effective October 4, 1995. (b) (1) Upon the filing of emergency regulations with the Secretary of State pursuant to subdivision (c), a residential care facility for the elderly that cares for people with major neurocognitive disorder may utilize secured perimeter fences or locked exit doors if it meets the requirements for additional safeguards required by those regulations. (2) For the purposes of this article, major neurocognitive disorder includes Alzheimer’s disease and related disorders, diagnosed by a physician, that increase the tendency to wander and that decrease hazard awareness and the ability to communicate. (3) It is the intent of the Legislature in enacting this article that residential care facilities for the elderly have options for the security of persons with major neurocognitive disorder who are residents of those facilities that are in addition to existing security exceptions made for individual residents. It is the further intent of the Legislature that these additional options shall include the use of waivers of certain building standards relating to fire safety, to be issued by the state department with the approval of the State Fire Marshal, to permit the care of a target group of persons with major neurocognitive disorder by means of secured perimeter fences, or the use of locked exterior doors. Each waiver request shall include a facility plan of operation that addresses elements of care to be identified by the department in regulations and demonstrates the facility’s ability to meet the safety needs of persons with major neurocognitive disorder. (4) The department shall adopt regulations that ensure that staff for secured perimeter facilities receive appropriate and adequate training in the care of residents with major neurocognitive disorder. (5) Nothing in this section is intended to prohibit residential care facilities for the elderly from accepting or retaining persons with major neurocognitive disorder whose needs can be fully met using care options permitted by existing law and regulations. (6) It is not the intent of the Legislature to authorize an increase in the level of care provided in a residential care facility for the elderly or to establish a supplemental rate structure based on the services provided in the facility. (7) All admissions to residential care facilities for the elderly shall continue to be voluntary on the part of the resident or with the lawful consent of the resident’s legal conservator. (c) The department shall adopt regulations to implement subdivision (b) in accordance with those provisions of the Administrative Procedure Act contained in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The initial adoption of any emergency regulations following October 4, 1995, shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Emergency regulations adopted pursuant to this subdivision shall remain in effect for no more than 180 days. (d) In addition to the security options authorized by subdivision (b), residential care facilities for the elderly that accept or retain as residents persons with major neurocognitive disorder, and that choose to utilize the security options of egress-control devices of the time-delay type in addition to secured perimeter fences or locked exit doors, shall comply with Section 1569.699, or regulations adopted by the California Building Standards Commission, whichever is operative. (e) A residential care facility for the elderly shall not utilize special egress-control devices of the time-delay type, secured perimeter fences, or locked exit doors unless the facility meets the requirements of Section 1569.699 or the California Building Standards Commission adopts building standards to implement this section. (f) Any person who is not a conservatee and is entering a locked or secured perimeter facility pursuant to this section shall sign a statement of voluntary entry. The facility shall retain the original statement and shall send a copy of the statement to the department. (Amended by Stats. 2017, Ch. 122, Sec. 1. (SB 413) Effective January 1, 2018.)
  78. 1569.699.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6.6. Secured Perimeters [1569.698 - 1569.7] ( Article 6.6 added by Stats. 1995, Ch. 550, Sec. 2. )

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    This section lets certain licensed residential care facilities use approved time-delay egress-control devices and lock or fence some areas, if the listed safety conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6.6. Secured Perimeters [1569.698 - 1569.7] ( Article 6.6 added by Stats. 1995, Ch. 550, Sec. 2. ) ## 1569.699. (a) When approved by the person responsible for enforcement, as described in Section 13146, exit doors in facilities classified as Group R, Division 2 facilities under the California Building Standards Code, licensed as residential care facilities for the elderly, and housing clients with Alzheimer’s disease or major neurocognitive disorder, may be equipped with approved listed special egress-control devices of the time-delay type, provided the building is protected throughout by an approved automatic sprinkler system and an approved automatic smoke-detection system. The devices shall conform to all of the following requirements: (1) Automatic deactivation of the egress-control device upon activation of either the sprinkler system or the detection system. (2) Automatic deactivation of the egress-control device upon loss of electrical power to any of the following: (A) The egress-control device. (B) The smoke-detection system. (C) Exit illumination as required by Section 1013 of the California Building Standards Code. (3) Be capable of being deactivated by a signal from a switch located in an approved location. (4) Initiate an irreversible process that will deactivate the egress-control device whenever a manual force of not more than 15 pounds (66.72 N) is applied for two seconds to the panic bar or other door-latching hardware. The egress-control device shall deactivate within an approved time period not to exceed a total of 15 seconds, except that the person responsible for enforcement, as described in Section 13146, may approve a delay not to exceed 30 seconds in residential care facilities for the elderly serving patients with Alzheimer’s disease. The time delay established for each egress-control device shall not be field adjustable. (5) Actuation of the panic bar or other door-latching hardware shall activate an audible signal at the door. (6) The unlatching shall not require more than one operation. (7) (A) A sign shall be provided on the door located above and within 12 inches (305mm) of the panic bar or other door-latching hardware reading: KEEP PUSHING. THIS DOOR WILL OPEN IN ___ SECONDS. ALARM WILL SOUND. (B) Sign letter shall be at least one inch (25mm) in height and shall have a stroke of not less than one-eighth inch (3.3mm). (8) Regardless of the means of deactivation, relocking of the egress-control device shall be by manual means only at the door. (b) Grounds of residential care facilities for the elderly serving persons with Alzheimer’s disease or major neurocognitive disorder may be fenced, and gates therein equipped with locks, provided safe dispersal areas are located not less than 50 feet (15240mm) from the buildings. Dispersal areas shall be sized to provide an area of not less than three square feet (0.28 2) per occupant. Gates shall not be installed across corridors or passageways leading to the dispersal areas unless they comply with the exit requirements of Section 1022 of the California Building Standards Code. (c) Exit doors may be locked in residential care facilities for the elderly that meet the requirements for Group I, Division 3 occupancies under the California Building Standards Code and that care for people with major neurocognitive disorder. (d) This section shall become inoperative on the date the California Building Standards Commission adopts regulations regarding secured perimeters in residential care facilities for the elderly, and, as of the January 1 next following that date, is repealed, unless a later enacted statute, that becomes operative on or before that January 1, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2018, Ch. 92, Sec. 134. (SB 1289) Effective January 1, 2019. Inoperative on date prescribed by its own provisions. Repealed on January 1 after inoperative date, by its own provisions.)
  79. 1569.6991.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6.6. Secured Perimeters [1569.698 - 1569.7] ( Article 6.6 added by Stats. 1995, Ch. 550, Sec. 2. )

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    Security window bars may not be installed or kept on residential care facilities for the elderly unless they meet current state and local requirements for those bars and their safety release devices.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6.6. Secured Perimeters [1569.698 - 1569.7] ( Article 6.6 added by Stats. 1995, Ch. 550, Sec. 2. ) ## 1569.6991. On and after January 1, 1999, no security window bars may be installed or maintained on any residential care facility for the elderly unless the security window bars meet current state and local requirements, as applicable, for security window bars and safety release devices. (Added by Stats. 1998, Ch. 343, Sec. 3. Effective January 1, 1999.)
  80. 1569.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6.6. Secured Perimeters [1569.698 - 1569.7] ( Article 6.6 added by Stats. 1995, Ch. 550, Sec. 2. )

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    Residential care facilities for the elderly serving residents with Alzheimer’s disease or other major neurocognitive disorders should include sundowning information in direct care staff training and a brief plan-of-operation description of activities to reduce sundowning effects.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 6.6. Secured Perimeters [1569.698 - 1569.7] ( Article 6.6 added by Stats. 1995, Ch. 550, Sec. 2. ) ## 1569.7. Residential care facilities for the elderly that serve residents with Alzheimer’s disease and other forms of major neurocognitive disorder should include information on sundowning as part of the training for direct care staff, and should include in the plan of operation a brief narrative description explaining activities available for residents to decrease the effects of sundowning, including, but not limited to, increasing outdoor activities in appropriate weather conditions. (Amended by Stats. 2017, Ch. 122, Sec. 3. (SB 413) Effective January 1, 2018.)
  81. 1569.70.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 7. Levels of Care [1569.70 - 1569.74] ( Article 7 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The provision states legislative intent to create three levels of care for residential care facilities for the elderly, and outlines what each level means.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 7. Levels of Care [1569.70 - 1569.74] ( Article 7 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.70. It is the intent of the Legislature to develop and implement a plan to establish three levels of care under the residential care facility for the elderly license, subject to future Budget Act appropriations and statutory authorization to implement levels of care. (a) The guidelines for the development of these levels of care are: (1) Level I—Base care and supervision. Residents at this level are able to maintain a higher degree of independence and need only minimum care and supervision, as defined, and minimal personal care assistance. (2) Level II—Nonmedical personal care. Residents at this level have functional limitations and psychosocial needs requiring not only care and supervision but frequent assistance with personal activities of daily living and active intervention to help them maintain their potential for independent living. (3) Level III—Health related assistance. Residents at this level require the services of lower levels and rely on the facility for extensive assistance with personal activities of daily living. This level may include residents who also require the occasional services of an appropriate skilled professional due to chronic health problems and returning residents recovering from illness, injury, or treatment that required placement in facilities providing higher levels of care. These levels are to be based on the services required by residents at each level due to their functional limitations. (b) The levels of care plan shall include: (1) Guidelines for meeting requirements at each level of care by utilizing appropriate community and professional services. Options shall be provided to allow facilities to meet resident needs by accessing community services or hiring appropriate staff. (2) Assessment procedures for facility evaluation of residents’ level of care needs. (3) Process for ensuring the individual facility’s ability to serve clients at each level of care they intend to provide. (4) Recommendations for a supplemental rate structure based on the services required at Levels II and III to be provided for residents who need those levels of care and are recipients of SSI/SSP. These rates shall be in addition to the basic SSI/SSP rate for providing care supervision and shall reflect actual costs of operation for residential care facilities for the elderly. (5) Procedures for assessment and certification of SSI/SSP recipients, by county social services departments to allow for administration of the supplemental rate structure. (6) Procedures for evaluating and monitoring the appropriateness of the levels of care determined for SSI/SSP recipients. (c) Implementation of the levels of care system shall consider the applicability of the 1985 level of care report developed by the California Health and Human Services Agency, so as to ensure continuity in the residential care facility for the elderly program as outlined under this chapter. (Amended by Stats. 2004, Ch. 183, Sec. 191. Effective January 1, 2005.)
  82. 1569.71.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 7. Levels of Care [1569.70 - 1569.74] ( Article 7 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    The department must develop and speed up regulations for nonambulatory persons, after consulting the State Fire Marshal.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 7. Levels of Care [1569.70 - 1569.74] ( Article 7 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.71. In consultation with the State Fire Marshal the department shall develop and expedite implementation of regulations related to nonambulatory persons that ensure resident safety but also provide flexibility to allow residents to remain in the least restrictive environment. Following the implementation of levels of care, regulations related to nonambulatory persons shall also provide the flexibility necessary for those levels in residential care facilities for the elderly. (Added by Stats. 1985, Ch. 1127, Sec. 3.)
  83. 1569.72.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 7. Levels of Care [1569.70 - 1569.74] ( Article 7 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    A residential care facility for the elderly generally may not admit or keep a resident who needs 24-hour skilled nursing or is bedridden, unless a stated exception applies.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 7. Levels of Care [1569.70 - 1569.74] ( Article 7 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.72. (a) Except as otherwise provided in subdivision (d), no resident shall be admitted or retained in a residential care facility for the elderly if any of the following apply: (1) The resident requires 24-hour, skilled nursing or intermediate care. (2) The resident is bedridden, other than for a temporary illness or for recovery from surgery. (b) (1) For the purposes of this section, “bedridden” means requiring assistance in turning and repositioning in bed or being unable to independently transfer to and from bed, except in a facility with appropriate and sufficient care staff, mechanical devices, if necessary, and safety precautions, as determined by the director in regulations. (2) The determination of the bedridden status of persons with developmental disabilities shall be made by the Director of Social Services or his or her designated representative, in consultation with the Director of Developmental Services or his or her designated representative, after consulting the resident’s individual safety plan. The determination of the bedridden status of all other persons with disabilities who are not developmentally disabled shall be made by the Director of Social Services, or his or her designated representative. (c) Notwithstanding paragraph (2) of subdivision (a), bedridden persons may be admitted to, and remain in, residential care facilities for the elderly that secure and maintain an appropriate fire clearance. A fire clearance shall be issued to a facility in which one or more bedridden persons reside if either of the following conditions are met: (1) The fire safety requirements are met. Residents who are unable to independently transfer to and from bed, but who do not need assistance to turn or reposition in bed, shall be considered nonambulatory for purposes of this paragraph. (2) Alternative methods of protection are approved. (d) (1) For purposes of this section, “temporary illness” means any illness which persists for 14 days or less. (e) A bedridden resident may be retained in a residential care facility for the elderly in excess of 14 days if all of the following requirements are satisfied: (1) The facility notifies the department in writing regarding the temporary illness or recovery from surgery. (2) The facility submits to the department, with the notification, a physician and surgeon’s written statement to the effect that the resident’s illness or recovery is of a temporary nature. The statement shall contain an estimated date upon which the illness or recovery will end or upon which the resident will no longer be confined to a bed. (3) The department determines that the health and safety of the resident is adequately protected in that facility and that transfer to a higher level of care is not necessary. (4) This section does not expand the scope of care and supervision of a residential care facility for the elderly. (f) Notwithstanding the length of stay of a bedridden resident, every facility admitting or retaining a bedridden resident, as defined in this section, shall, within 48 hours of the resident’s admission or retention in the facility, notify the local fire authority with jurisdiction in the bedridden resident’s location of the estimated length of time the resident will retain his or her bedridden status in the facility. (g) Nothing in this section shall be used for purposes of Section 1569.70 to determine the appropriateness of residents being admitted or retained in a residential care facility for the elderly on the basis of health-related conditions and the need for these services until the three levels of care set forth in Section 1569.70 are fully implemented. This section shall not prohibit the Community Care Licensing Division of the State Department of Social Services from continuing to implement the regulations of Article 8 (commencing with Section 87700) of Chapter 8 of Division 6 of Title 22 of the California Code of Regulations, as promulgated and approved on February 13, 1990. (h) (1) The department and the Office of the State Fire Marshal, in consultation with the State Department of Developmental Services, shall each promulgate regulations that meet all of the following conditions: (A) Are consistent with subdivisions (a) to (f), inclusive. (B) Are applicable to facilities regulated under this chapter, consistent with the regulatory requirements of the California Building Standards Code for fire and life safety for the respective occupancy classifications into which the State Department of Social Services’ community care licensing classifications fall. (C) Permit residents to remain in home-like settings. (2) At a minimum, these regulations shall do both of the following with regard to a residential care facility that provides care for six or fewer residents, at least one of whom is bedridden: (A) Clarify the fire and life safety requirements for a fire clearance for the facility. (B) (i) Identify procedures for requesting the approval of alternative means of providing equivalent levels of fire and life safety protection. (ii) Either the facility, the resident or resident’s representative, or local fire official may request from the Office of the State Fire Marshal a written opinion concerning the interpretation of the regulations promulgated by the State Fire Marshal pursuant to this section for a particular factual dispute. The State Fire Marshal shall issue the written opinion within 45 days following the request. (i) For facilities that care for six or fewer clients, a local fire official may not impose fire safety requirements stricter than the fire safety regulations promulgated for the particular type of facility by the Office of the State Fire Marshal or the local fire safety requirements imposed on any other single family dwelling, whichever is more strict. (j) This section and any regulations promulgated thereunder shall be interpreted in a manner that provides flexibility to allow bedridden persons to avoid institutionalization and be admitted to, and safely remain in, community-based residential care facilities. (Amended by Stats. 2009, Ch. 471, Sec. 3. (AB 762) Effective January 1, 2010.)
  84. 1569.725.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 7. Levels of Care [1569.70 - 1569.74] ( Article 7 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    A residential care facility for the elderly may allow incidental medical services through a home health agency if specified care, notice, protocol, and communication conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 7. Levels of Care [1569.70 - 1569.74] ( Article 7 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.725. (a) A residential care facility for the elderly may permit incidental medical services to be provided through a home health agency, licensed pursuant to Chapter 8 (commencing with Section 1725), when all of the following conditions are met: (1) The facility, in the judgment of the department, has the ability to provide the supporting care and supervision appropriate to meet the needs of the resident receiving care from a home health agency. (2) The home health agency has been advised of the regulations pertaining to residential care facilities for the elderly and the requirements related to incidental medical services being provided in the facility. (3) There is evidence of an agreed-upon protocol between the home health agency and the residential care facility for the elderly. The protocol shall address areas of responsibility of the home health agency and the facility and the need for communication and the sharing of resident information related to the home health care plan. Resident information may be shared between the home health agency and the residential care facility for the elderly relative to the resident’s medical condition and the care and treatment provided to the resident by the home health agency including, but not limited to, medical information, as defined by the Confidentiality of Medical Information Act, Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. (4) There is ongoing communication between the home health agency and the residential care facility for the elderly about the services provided to the resident by the home health agency and the frequency and duration of care to be provided. (b) Nothing in this section is intended to expand the scope of care and supervision for a residential care facility for the elderly, as prescribed by this chapter. (c) Nothing in this section shall require any care or supervision to be provided by the residential care facility for the elderly beyond that which is permitted in this chapter. (d) The department shall not be responsible for the evaluation of medical services provided to the resident of the residential care facility for the elderly by the home health agency. (e) Any regulations, policies, or procedures related to sharing resident information and development of protocols, established by the department pursuant to this section, shall be developed in consultation with the State Department of Health Services and persons representing home health agencies and residential care facilities for the elderly. (Amended by Stats. 1998, Ch. 831, Sec. 6. Effective January 1, 1999.)
  85. 1569.73.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 7. Levels of Care [1569.70 - 1569.74] ( Article 7 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    A residential care facility for the elderly may get a hospice waiver to keep or admit a terminally ill resident if listed conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 7. Levels of Care [1569.70 - 1569.74] ( Article 7 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.73. (a) Notwithstanding Section 1569.72 or any other provision of law, a residential care facility for the elderly may obtain a waiver from the department for the purpose of allowing a resident who has been diagnosed as terminally ill by his or her physician and surgeon to remain in the facility, or allowing a person who has been diagnosed as terminally ill by his or her physician and surgeon to become a resident of the facility if that person is already receiving hospice services and would continue to receive hospice services without disruption if he or she became a resident, when all the following conditions are met: (1) The facility agrees to retain the terminally ill resident, or accept as a resident the terminally ill person, and to seek a waiver on behalf of the individual, provided the individual has requested the waiver and is capable of deciding to obtain hospice services. (2) The terminally ill resident, or the terminally ill person to be accepted as a resident, has obtained the services of a hospice certified in accordance with federal medicare conditions of participation and licensed pursuant to Chapter 8 (commencing with Section 1725) or Chapter 8.5 (commencing with Section 1745). (3) The facility, in the judgment of the department, has the ability to provide care and supervision appropriate to meet the needs of the terminally ill resident or the terminally ill person to be accepted as a resident, and is in substantial compliance with regulations governing the operation of residential care facilities for the elderly. (4) The hospice has agreed to design and provide for care, services, and necessary medical intervention related to the terminal illness as necessary to supplement the care and supervision provided by the facility. (5) An agreement has been executed between the facility and the hospice regarding the care plan for the terminally ill resident or terminally ill person to be accepted as a resident. The care plan shall designate the primary caregiver, identify other caregivers, and outline the tasks the facility is responsible for performing and the approximate frequency with which they shall be performed. The care plan shall specifically limit the facility’s role for care and supervision to those tasks allowed under this chapter. (6) The facility has obtained the agreement of those residents who share the same room with the terminally ill resident, or any resident who will share a room with the terminally ill person to be accepted as a resident, to allow the hospice caregivers into their residence. (b) At any time that the licensed hospice, the facility, or the terminally ill resident determines that the resident’s condition has changed so that continued residence in the facility will pose a threat to the health and safety to the terminally ill resident or any other resident, the facility may initiate procedures for a transfer. (c) A facility that has obtained a hospice waiver from the department pursuant to this section need not call emergency response services at the time of a life-threatening emergency if the hospice agency is notified instead and all of the following conditions are met: (1) The resident is receiving hospice services from a licensed hospice agency. (2) The resident has completed an advance directive, as defined in Section 4605 of the Probate Code, requesting to forego resuscitative measures. (3) The facility has documented that facility staff have received training from the hospice agency on the expected course of the resident’s illness and the symptoms of impending death. (d) Nothing in this section is intended to expand the scope of care and supervision for a residential care facility for the elderly as defined in this act, nor shall a facility be required to alter or extend its license in order to retain a terminally ill resident or allow a terminally ill person to become a resident of the facility as authorized by this section. (e) Nothing in this section shall require any care or supervision to be provided by the residential care facility for the elderly beyond that which is permitted in this chapter. (f) Nothing in this section is intended to expand the scope of life care contracts or the contractual obligation of continuing care retirement communities as defined in Section 1771. (g) The department shall not be responsible for the evaluation of medical services provided to the resident by the hospice and shall have no liability for the independent acts of the hospice. (h) Nothing in this section shall be construed to relieve a licensed residential care facility for the elderly of its responsibility to notify the appropriate fire authority of the presence of a bedridden resident in the facility as required under subdivision (f) of Section 1569.72, and to obtain and maintain a fire clearance as required under Section 1569.149. (Amended by Stats. 2003, Ch. 312, Sec. 2. Effective January 1, 2004.)
  86. 1569.74.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 7. Levels of Care [1569.70 - 1569.74] ( Article 7 added by Stats. 1985, Ch. 1127, Sec. 3. )

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    Licensed elderly care facilities may adopt policies for honoring requests to forgo resuscitative measures, but if they do, the policy must meet specific written, notice, recordkeeping, and staff-awareness requirements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 7. Levels of Care [1569.70 - 1569.74] ( Article 7 added by Stats. 1985, Ch. 1127, Sec. 3. ) ## 1569.74. (a) Licensed residential care facilities for the elderly that employ health care providers may establish policies to honor a request to forego resuscitative measures as defined in Section 4780 of the Probate Code. (b) Any policy established pursuant to subdivision (a) shall meet all of the following conditions: (1) The policy shall be in writing and specify procedures to be followed in implementing the policy. (2) The policy and procedures shall, at all times, be available in the facility for review by the department. (3) The licensee shall ensure that all staff are aware of the policy as well as the procedures to be followed in implementing the policy. (4) A copy of the policy shall be given to each resident who makes a request to forego resuscitative measures and to the resident’s primary physician. (5) A copy of the resident’s request to forego resuscitative measures shall be maintained in the facility and shall be immediately available for review by facility staff, the licensed health care provider, and the department. (6) Facility staff are prohibited, on behalf of any resident, from signing any directive document as a witness or from being the legally recognized surrogate decisionmaker. (7) The facility shall provide the resident’s physician with a copy of the resident’s request to forego resuscitative measures form. (c) Any action by a facility that has established policies pursuant to subdivision (a), to honor a resident’s request to forego resuscitative measures as provided for in subdivision (a) may only be taken in either of the following ways: (1) By a licensed health care provider who is employed by the facility and on the premises at the time of the life threatening emergency. (2) By notifying, under those conditions specified in subdivision (c) of Section 1569.73, the hospice agency that is caring for a resident receiving hospice services. (d) Licensed residential care facilities for the elderly that have not established policies pursuant to subdivision (a), may keep an executed request to forego resuscitative measures form in the resident’s file and present it to an emergency medical technician or paramedic when authorized to do so in writing by the resident or his or her legally recognized surrogate decisionmaker. The request may be honored by an emergency medical technician or by any health care provider as defined in Section 4621 of the Probate Code, who, in the course of professional or volunteer duties, responds to emergencies. (Amended by Stats. 2003, Ch. 312, Sec. 3. Effective January 1, 2004.)
  87. 1569.80.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 7.5. Resident Participation in Decisionmaking [1569.80- 1569.80.] ( Article 7.5 added by Stats. 1998, Ch. 660, Sec. 2. )

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    Residents, or their representatives, have the right to participate in decisions about care and services, and the facility must hold meetings, create a written care record, share it with a regular physician if there is one, and review it at least yearly or after a significant condition change.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 7.5. Resident Participation in Decisionmaking [1569.80- 1569.80.] ( Article 7.5 added by Stats. 1998, Ch. 660, Sec. 2. ) ## 1569.80. (a) A resident of a residential care facility for the elderly, or the resident’s representative, or both, shall have the right to participate in decisionmaking regarding the care and services to be provided to the resident. Accordingly, prior to, or within two weeks after, the resident’s admission, the facility shall coordinate a meeting with the resident and the resident’s representative, if any, an appropriate member or members of the facility’s staff, if the resident is receiving home health services in the facility, a representative of the home health agency involved, and any other appropriate parties. The facility shall ensure that participants in the meeting prepare a written record of the care the resident will receive in the facility, and the resident’s preferences regarding the services provided at the facility. (b) Once prepared, the written record described in subdivision (a) shall be used by the facility, and, if applicable pursuant to Section 1569.725, the home health agency, to determine the care and services provided to the resident. If the resident has a regular physician, the written record shall be sent by the facility to that physician. (c) The written record described in subdivision (a) shall be reviewed, and, if necessary, revised, at least once every 12 months, or upon a significant change in the resident’s condition, as defined by regulations, whichever occurs first. The review shall take place at a meeting coordinated by the facility, and attended by the resident, the resident’s representative, if any, an appropriate member or members of the facility’s staff, and, if the resident is receiving home health services in the facility, a representative from the home health agency involved. (d) This section shall not preclude a residential care facility for the elderly or home health agency from satisfying other state or federal obligations at a meeting required by subdivision (a) or (c). (e) If the residential care facility for the elderly is a continuing care retirement community, as defined in paragraph (10) of subdivision (c) of Section 1771, this section shall apply only to residents who require care and supervision, as defined in subdivision (b) of Section 1569.2. (Added by Stats. 1998, Ch. 660, Sec. 2. Effective January 1, 1999.)
  88. 1569.82.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 8. Local Regulation [1569.82 - 1569.87] ( Article 8 added by Stats. 1986, Ch. 844, Sec. 11. )

    Verify source ↗

    Counties and cities must permit and encourage enough residential care facilities for the elderly to meet local need, and the article applies equally to local public entities listed here.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 8. Local Regulation [1569.82 - 1569.87] ( Article 8 added by Stats. 1986, Ch. 844, Sec. 11. ) ## 1569.82. The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development of sufficient numbers of residential care facilities for the elderly as are commensurate with local need. This article shall apply equally to any chartered city, general law city, county, city and county, district, and any other local public entity. For the purposes of this article, “six or fewer persons” does not include the licensee or members of the licensee’s family or persons employed as facility staff. (Added by Stats. 1986, Ch. 844, Sec. 11.)
  89. 1569.83.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 8. Local Regulation [1569.82 - 1569.87] ( Article 8 added by Stats. 1986, Ch. 844, Sec. 11. )

    Verify source ↗

    Several listed parties may invoke this article, and the section says it should not be read to block any interested party from suing to invoke it.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 8. Local Regulation [1569.82 - 1569.87] ( Article 8 added by Stats. 1986, Ch. 844, Sec. 11. ) ## 1569.83. Any person licensed under this chapter who operates, or proposes to operate a residential care facility for the elderly, the department or other public agency authorized to license the facility, or any public or private agency which uses or may use the services of the facility to place its clients, may invoke this article. This section shall not be construed to prohibit any interested party from bringing suit to invoke this article. (Added by Stats. 1986, Ch. 844, Sec. 11.)
  90. 1569.84.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 8. Local Regulation [1569.82 - 1569.87] ( Article 8 added by Stats. 1986, Ch. 844, Sec. 11. )

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    A residential care facility for the elderly serving six or fewer persons is exempt from certain business and local fees, and the State Fire Marshal and local public entities may not charge fire-inspection enforcement fees for it.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 8. Local Regulation [1569.82 - 1569.87] ( Article 8 added by Stats. 1986, Ch. 844, Sec. 11. ) ## 1569.84. A residential care facility for the elderly, which serves six or fewer persons shall not be subject to any business taxes, local registration fees, use permit fees, or other fees to which other family dwellings of the same type in the same zone are not likewise subject. Nothing in this section shall be construed to forbid the imposition of local property taxes, fees for water service and garbage collection, fees for inspections not prohibited by Section 1569.85, local bond assessments, and other fees, charges, and assessments to which other family dwellings of the same type in the same zone are likewise subject. Neither the State Fire Marshal nor any local public entity shall charge any fee for enforcing fire inspection regulations pursuant to state law or regulation or local ordinance, with respect to residential care facilities for the elderly which service six or fewer persons. For the purposes of this section, “family dwelling,” includes, but is not limited to, single-family dwellings, units in multifamily dwellings, including units in duplexes and units in apartment dwellings, mobilehomes, including mobilehomes located in mobilehome parks, units in cooperatives, units in condominiums, units in townhouses, and units in planned unit developments. (Amended by Stats. 1987, Ch. 1092, Sec. 4. Effective September 24, 1987.)
  91. 1569.85.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 8. Local Regulation [1569.82 - 1569.87] ( Article 8 added by Stats. 1986, Ch. 844, Sec. 11. )

    Verify source ↗

    A small residential care facility for the elderly must be treated like a family dwelling for local land-use purposes, and local governments may not require extra zoning approvals just because it is a care facility.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 8. Local Regulation [1569.82 - 1569.87] ( Article 8 added by Stats. 1986, Ch. 844, Sec. 11. ) ## 1569.85. (a) Whether or not unrelated persons are living together, a residential care facility for the elderly that serves six or fewer persons shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of the facility shall be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property pursuant to this article. (b) For the purpose of all local ordinances, a residential care facility for the elderly that serves six or fewer persons shall not be included within the definition of a boarding house, rooming house, institution or home for the care of the aged, guest home, rest home, community residence, or other similar term that implies that the residential care facility for the elderly is a business run for profit or differs in any other way from a family dwelling. (c) This section shall not be construed to forbid a city, county, or other local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of a residential care facility for the elderly that serves six or fewer persons as long as the restrictions are identical to those applied to other family dwellings of the same type in the same zone. (d) This section shall not be construed to forbid the application to a residential care facility for the elderly of any local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity if the ordinance does not distinguish residential care facilities for the elderly that serve six or fewer persons from other family dwellings of the same type in the same zone and if the ordinance does not distinguish residents of the residential care facilities for the elderly from persons who reside in other family dwellings of the same type in the same zone. (e) No conditional use permit, zoning variance, or other zoning clearance shall be required of a residential care facility for the elderly that serves six or fewer persons that is not required of a family dwelling of the same type in the same zone. (f) Use of a family dwelling for purposes of a residential care facility for the elderly serving six or fewer persons shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 or local building codes. However, nothing in this section is intended to supersede Section 13143 or 13143.6, to the extent these sections are applicable to residential care facilities for the elderly providing care for six or fewer residents. (g) For the purposes of this section, “family dwelling,” includes, but is not limited to, single-family dwellings, units in multifamily dwellings, including units in duplexes and units in apartment dwellings, mobilehomes, including mobilehomes located in mobilehome parks, units in cooperatives, units in condominiums, units in townhouses, and units in planned unit developments. (Amended by Stats. 2014, Ch. 144, Sec. 35. (AB 1847) Effective January 1, 2015.)
  92. 1569.86.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 8. Local Regulation [1569.82 - 1569.87] ( Article 8 added by Stats. 1986, Ch. 844, Sec. 11. )

    Verify source ↗

    A residential care facility for the elderly cannot be denied fire clearance or another permit, license, clearance, or similar authorization because it did not comply with local ordinances it is exempt from, if the applicant otherwise qualifies.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 8. Local Regulation [1569.82 - 1569.87] ( Article 8 added by Stats. 1986, Ch. 844, Sec. 11. ) ## 1569.86. No fire inspection clearance or other permit, license, clearance, or similar authorization shall be denied to a residential care facility for the elderly because of a failure to comply with local ordinances from which the facilities are exempt under Section 1569.85, provided that the applicant otherwise qualifies for the fire clearance, license, permit, or similar authorization. (Added by Stats. 1986, Ch. 844, Sec. 11.)
  93. 1569.87.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 8. Local Regulation [1569.82 - 1569.87] ( Article 8 added by Stats. 1986, Ch. 844, Sec. 11. )

    Verify source ↗

    A residential facility for the elderly that serves six or fewer persons is treated as a residential and single-family use for certain real property transfer documents made on or after January 1, 1979.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 8. Local Regulation [1569.82 - 1569.87] ( Article 8 added by Stats. 1986, Ch. 844, Sec. 11. ) ## 1569.87. For the purposes of any contract, deed, or covenant for the transfer of real property executed on or after January 1, 1979, a residential facility for the elderly which serves six or fewer persons shall be considered a residential use of property and a use of property by a single family, notwithstanding any disclaimers to the contrary. (Added by Stats. 1986, Ch. 844, Sec. 11.)
  94. 1569.880.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. )

    Verify source ↗

    This section defines “admission agreement” for residential care facilities for the elderly and says it cannot include written attachments with prohibited provisions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. ) ## 1569.880. (a) For purposes of this section, an “admission agreement” includes all documents that a resident or his or her representative must sign at the time of, or as a condition of, admission to a residential care facility for the elderly licensed under this chapter. (b) The admission agreement shall not include any written attachment containing any provision that is prohibited from being included in the admission agreement. (Added by Stats. 2003, Ch. 409, Sec. 2. Effective January 1, 2004.)
  95. 1569.881.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. )

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    Residential care facilities for the elderly must give the public blank complete copies of the admission agreement on request and must post the agreement or a notice of its availability in a public-view location inside the facility.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. ) ## 1569.881. (a) Every residential care facility for the elderly shall make blank complete copies of its admission agreement available to the public immediately, subject to time required for copying or mailing, at cost, upon request. (b) Every residential care facility for the elderly shall conspicuously post in a location accessible to the public view within the facility either a complete copy of the admission agreement, or a notice of its availability from the facility. (Added by Stats. 2003, Ch. 409, Sec. 2. Effective January 1, 2004.)
  96. 1569.882.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. )

    Verify source ↗

    An admission agreement must be printed and written in a readable, clearly organized format.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. ) ## 1569.882. (a) The admission agreement shall be printed in black type of not less than 12-point type size, on plain white paper. The print shall appear on one side of the paper only. (b) The admission agreement shall be written in clear, coherent, and unambiguous language, using words with common and everyday meanings. It shall be appropriately divided, and each section shall be appropriately captioned. (Added by Stats. 2003, Ch. 409, Sec. 2. Effective January 1, 2004.)
  97. 1569.883.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. )

    Verify source ↗

    Admission agreements for residential care facilities for the elderly may not include unlawful liability waivers or provisions the facility knows or should know are deceptive or unlawful.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. ) ## 1569.883. (a) The admission agreement shall not include unlawful waivers of facility liability for the health and safety or personal property of residents. (b) The admission agreement shall not include any provision that the facility knows or should know is deceptive, or unlawful under state or federal law. (Added by Stats. 2003, Ch. 409, Sec. 2. Effective January 1, 2004.)
  98. 1569.884.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. )

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    Admission agreements for residential care facilities for the elderly must include specified disclosures, fee and billing details, refund and termination terms, and related notices.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. ) ## 1569.884. The admission agreement shall include all of the following: (a) A comprehensive description of any items and services provided under a single fee, such as a monthly fee for room, board, and other items and services. (b) A comprehensive description of, and the fee schedule for, all items and services not included in a single fee. In addition, the agreement shall indicate that the resident shall receive a monthly statement itemizing all separate charges incurred by the resident. (c) A facility may assess a separate charge for an item or service only if that separate charge is authorized by the admission agreement. If additional services are available through the facility to be purchased by the resident that were not available at the time the admission agreement was signed, a list of these services and charges shall be provided to the resident or the resident’s representative. A statement acknowledging the acceptance or refusal to purchase the additional services shall be signed and dated by the resident or the resident’s representative and attached to the admission agreement. (d) An explanation of the use of third-party services within the facility that are related to the resident’s service plan, including, but not limited to, ancillary, health, and medical services, how they may be arranged, accessed, and monitored, any restrictions on third-party services, and who is financially responsible for the third-party services. (e) A comprehensive description of billing and payment policies and procedures. (f) The conditions under which rates may be increased pursuant to Section 1569.655. (g) The facility’s policy concerning family visits and other communication with residents, pursuant to Section 1569.313. (h) The facility’s policy concerning refunds, including the conditions under which a refund for advanced monthly fees will be returned in the event of a resident’s death, pursuant to Section 1569.652. (i) Conditions under which the agreement may be terminated. (j) An explanation of the facility’s responsibility to prepare a relocation evaluation, for each resident and a closure plan and to provide notice in the case of an eviction pursuant to Section 1569.682. (Amended by Stats. 2013, Ch. 290, Sec. 2. (AB 261) Effective January 1, 2014.)
  99. 1569.885.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. )

    Verify source ↗

    Admission agreements for residential care facilities for the elderly must include several notices about reasonable rules, grievance procedures, resident rights, ombudsman contact information, and elder abuse reporting.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. ) ## 1569.885. (a) When referring to a resident’s obligation to observe facility rules, the admission agreement shall indicate that the rules must be reasonable, and that there is a facility procedure for suggesting changes in the rules. A facility rule shall not violate any right set forth in this article or in other applicable laws and regulations. (b) The admission agreement shall specify that a copy of the facility grievance procedure for resolution of resident complaints about facility practices shall be made available to the resident or the resident’s representative. (c) The admission agreement shall inform a resident of the right to contact the State Department of Social Services, the long-term care ombudsman, or both, regarding grievances against the facility. (d) In addition to any other notice a licensee is required by law to provide to residents, a written notice, including the current telephone number, internet website address, and email address for the local long-term care ombudsman and the internet website address for the Community Care Licensing Division of the State Department of Social Services shall be included in, or as an attachment to, all admission agreements. The written 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. (e) A copy of any applicable resident’s rights specified by law or regulation shall be an attachment to all admission agreements. (f) The statement of resident’s rights attached to admissions agreements by a residential care facility for the elderly shall include information on the reporting of suspected or known elder and dependent adult abuse, as set forth in Section 1569.889. (Amended by Stats. 2022, Ch. 577, Sec. 2. (AB 895) Effective January 1, 2023.)
  100. 1569.886.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. )

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    Admission agreements for elder residential care facilities must not add eviction or transfer grounds unless state law or regulation specifically lists them, and must explain notice, appeal, relocation assistance, and related rights.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. ) ## 1569.886. (a) The admission agreement shall not include any ground for involuntary transfer or eviction of the resident unless those grounds are specifically enumerated under state law or regulation. (b) The admission agreement shall list the justifications for eviction permissible under state law or regulation, exactly as they are worded in the applicable law or regulation. (c) The admission agreement shall include an explanation of the resident’s right to notice prior to an involuntary transfer, discharge, or eviction, the process by which the resident may appeal the decision and a description of the relocation assistance offered by the facility. (d) The admission agreement shall state the responsibilities of the licensee and the rights of the resident when a facility evicts residents pursuant to Section 1569.682. (Amended by Stats. 2007, Ch. 686, Sec. 4. Effective January 1, 2008.)
  101. 1569.887.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. )

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    Admission agreements for residential care facilities must be signed and dated, kept in the resident’s file, provided to the resident or representative, and reviewed at compliance visits or after complaints.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. ) ## 1569.887. (a) The admission agreement shall be signed and dated, acknowledging the contents of the document, by the resident or the resident’s representative. (b) The licensee shall retain in the resident’s file the original signed and dated initial agreement and all subsequent modifications. (c) The licensee shall provide a copy of the signed and dated admission agreement to the resident or the resident’s representative, if any. (d) The admission agreement shall be reviewed at the time of the compliance visit and in response to a complaint involving the admission agreement. (Added by Stats. 2003, Ch. 409, Sec. 2. Effective January 1, 2004.)
  102. 1569.888.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. )

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    This section says the admission-agreement requirements in this article add to other state law or regulatory requirements, and it does not apply to certain licensees with a certificate of authority for continuing care contracts.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. ) ## 1569.888. (a) The requirements of this article relating to admission agreements for residential care facilities for the elderly are intended to be in addition to, and not exclusive of, any other requirements established by state law or regulation. (b) This article shall not apply to licensees of residential care facilities for the elderly that have obtained a certificate of authority to offer continuing care contracts, as defined in paragraph (5) of subdivision (c) of Section 1771. (Added by Stats. 2003, Ch. 409, Sec. 2. Effective January 1, 2004.)
  103. 1569.889.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. )

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    Residential care facilities for the elderly must add the nearest approved long-term care ombudsperson organization’s phone number to the personal rights form blank space, and the Community Care Licensing Division must update rules or documents 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 3.2. Residential Care Facilities for the Elderly [1569 - 1569.889] ( Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91. ) ## ARTICLE 9. Admission Agreements [1569.880 - 1569.889] ( Article 9 added by Stats. 2003, Ch. 409, Sec. 2. ) ## 1569.889. (a) The personal rights form made available by the department’s Community Care Licensing Division to residential care facilities for the elderly shall include a statement regarding procedures for reporting known or suspected elder and dependent adult abuse, including the toll-free telephone number of the State Long-Term Care Ombudsman’s CRISISline and a blank space for the telephone number of the nearest approved organization for long-term care ombudsperson activities. A residential care facility for the elderly shall insert in the form’s blank space the telephone number of the nearest approved organization for long-term care ombudsperson activities. (b) The department’s Community Care Licensing Division shall adopt or amend any regulation and revise any document or policy as necessary to implement this section. (Added by Stats. 2005, Ch. 456, Sec. 2. Effective January 1, 2006.)
  104. 1570.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 1. General Provisions [1570 - 1571] ( Article 1 added by Stats. 1977, Ch. 1066. )

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    This chapter is named the California Adult Day Health Care 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 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 1. General Provisions [1570 - 1571] ( Article 1 added by Stats. 1977, Ch. 1066. ) ## 1570. This chapter shall be known and may be cited as the California Adult Day Health Care Act. (Added by Stats. 1977, Ch. 1066.)
  105. 1570.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 1. General Provisions [1570 - 1571] ( Article 1 added by Stats. 1977, Ch. 1066. )

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    The Legislature states that California should develop and continue community-based adult day health care so elderly persons and adults with disabilities can stay independent and avoid inappropriate institutionalization.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 1. General Provisions [1570 - 1571] ( Article 1 added by Stats. 1977, Ch. 1066. ) ## 1570.2. The Legislature hereby finds and declares that there exists a pattern of overutilization of long-term institutional care for elderly persons or adults with disabilities, and that there is an urgent need to establish and to continue a community-based system of quality adult day health care which will enable elderly persons or adults with disabilities to maintain maximum independence. While recognizing that there continues to be a substantial need for facilities providing custodial care, overreliance on this type of care has proven to be a costly panacea in both financial and human terms, often traumatic, and destructive of continuing family relationships and the capacity for independent living. It is, therefore, the intent of the Legislature in enacting this chapter and related provisions to provide for the development of policies and programs that will accomplish the following: (a) Ensure that elderly persons and adults with disabilities are not institutionalized inappropriately or prematurely. (b) Provide a viable alternative to institutionalization for those elderly persons and adults with disabilities who are capable of living at home with the aid of appropriate health care or rehabilitative and social services. (c) Establish adult day health centers in the community for this purpose, that will be easily accessible to all participants, including economically disadvantaged elderly persons and adults with disabilities, and that will provide outpatient health, rehabilitative, and social services necessary to permit the participants to maintain personal independence and lead meaningful lives. (d) Include the services of adult day health centers as a benefit under the Medi-Cal Act, that shall be an initial and integral part in the development of an overall plan for a coordinated, comprehensive continuum of optional long-term care services based upon appropriate need. (e) Establish a rural alternative adult day health care program designed to meet the special needs and requirements of rural areas to enable the implementation of subdivisions (a) through (d), inclusive, for all Californians in need of those services. (f) Ensure that all laws, regulations, and procedures governing adult day health care be enforced equitably regardless of organizational sponsorship and that all program flexibility provisions be administered equitably. (Amended by Stats. 2008, Ch. 648, Sec. 1. Effective January 1, 2009.)
  106. 1570.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 1. General Provisions [1570 - 1571] ( Article 1 added by Stats. 1977, Ch. 1066. )

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    This section defines key terms for adult day health care and requires centers to have specific staffing coverage policies for short-term and long-term absences.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 1. General Provisions [1570 - 1571] ( Article 1 added by Stats. 1977, Ch. 1066. ) ## 1570.7. As used in this chapter and in any regulations promulgated thereunder: (a) “Adult day health care” means an organized day program of therapeutic, social, and skilled nursing health activities and services provided pursuant to this chapter to elderly persons or adults with disabilities with functional impairments, either physical or mental, for the purpose of restoring or maintaining optimal capacity for self-care. Provided on a short-term basis, adult day health care serves as a transition from a health facility or home health program to personal independence. Provided on a long-term basis, it serves as an alternative to institutionalization in a long-term health care facility when 24-hour skilled nursing care is not medically necessary or viewed as desirable by the recipient or his or her family. (b) “Adult day health center” or “adult day health care center” means a licensed facility that provides adult day health care. (c) “Core staff” includes the positions of program director, registered nurse, social worker, activity director, and program aide. (d) “Department” or “state department” means the State Department of Public Health. (e) “Director” means the State Public Health Officer. (f) “Elderly” or “older person” means a person 55 years of age or older, but also includes other adults who are chronically ill or impaired and who would benefit from adult day health care. (g) “Extended hours” means those hours of operation prior to or following the adult day health care program hours of service, as designated by the adult day health care center in its plan of operation, during which the adult day health care center may operate an adult day program, or an Alzheimer’s day care resource center, or both. (h) “Hours of service” means the program hours defined and posted by the adult day health care center for the provision of adult day health care services, pursuant to Section 14550 of the Welfare and Institutions Code, which shall be no less than four hours, excluding transportation. (i) “Individual plan of care” means a plan designed to provide recipients of adult day health care with appropriate treatment in accordance with the assessed needs of each individual. (j) “License” means a basic permit to operate an adult day health care center. With respect to a health facility licensed pursuant to Chapter 2 (commencing with Section 1250), “license” means a special permit, as defined by Section 1251.5, empowering the health facility to provide adult day health care services. (k) “Long-term absence” or “long-term vacancy” means an absence or vacancy lasting, or likely to last, more than one month. An adult day health care center’s policies and procedures shall be specific regarding coverage in the situation for long-term absences or vacancies. (l) “Maintenance program” means procedures and exercises that are provided to a participant, pursuant to Section 1580, in order to generally maintain existing function. These procedures and exercises are planned by a licensed or certified therapist and are provided by a person who has been trained by a licensed or certified therapist and who is directly supervised by a nurse or by a licensed or certified therapist. (m) “Program director” shall be a person with both of the following: (1) One of the following backgrounds: (A) A person with a bachelor’s degree and a minimum of two years of experience in a management, supervisory, or administrative position. (B) A person with a master’s degree and a minimum of one year of experience in a management, supervisory, or administrative position. (C) A registered nurse with a minimum of two years experience in a management, supervisory, or administrative position. (2) Appropriate skills, knowledge, and abilities related to the health, and mental, cognitive, and social needs of the participant group being served by the adult day health center. (n) “Restorative therapy” means physical, occupational, and speech therapy, and psychiatric and psychological services that are planned and provided by a licensed or certified therapist. The therapy and services may also be provided by an assistant or aide under the appropriate supervision of a licensed therapist, as determined by the licensed therapist. The therapy and services are provided to restore function, when there is an expectation that the condition will improve significantly in a reasonable period of time, as determined by the multidisciplinary assessment team. (o) “Short-term absence” or “short-term vacancy” means an absence or vacancy lasting one month or less, and includes sick leave and vacations. An adult day health care center shall ensure that appropriate staff is designated to serve in these positions during the short-term absence or vacancy and that the center’s policies and procedures are specific regarding coverage of short-term absences or vacancies. (p) “Social worker” shall be a person who meets one of the following: (1) The person holds a master’s degree in social work from an accredited school of social work. (2) The person holds a master’s degree in psychology, gerontology, or counseling from an accredited school and has one year of experience providing social services in one or more of the fields of aging, health, or long-term care services. (3) The person is licensed by the California Board of Behavioral Sciences. (4) The person holds a bachelor’s degree in social work from an accredited school with two years of experience providing social services in one or more of the fields of aging, health, or long-term care services. (Amended by Stats. 2011, Ch. 119, Sec. 1. (SB 91) Effective July 25, 2011.)
  107. 1570.9.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 1. General Provisions [1570 - 1571] ( Article 1 added by Stats. 1977, Ch. 1066. )

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    This chapter controls if it conflicts with certain other chapters, and covered facilities may not be licensed under this division except as provided in Section 1507.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 1. General Provisions [1570 - 1571] ( Article 1 added by Stats. 1977, Ch. 1066. ) ## 1570.9. In the event of conflict between the provisions of this chapter and the provisions of Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), or Chapter 3 (commencing with Section 1500) of this division, this chapter shall be deemed controlling. Except as provided in Section 1507, no facility which provides a specialized program of both medical and nonmedical care for the elderly or adults with disabilities on an outpatient basis shall be licensed as a health facility, clinic, or community care facility under this division, but shall be subject to licensure exclusively in accordance with the provisions of this chapter. Review of the need and desirability of proposals for adult day health centers shall be governed by the provisions of this chapter and shall not be subject to review under Part 1.5 (commencing with Section 437) of Division 1. (Amended by Stats. 2008, Ch. 648, Sec. 3. Effective January 1, 2009.)
  108. 1571.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 1. General Provisions [1570 - 1571] ( Article 1 added by Stats. 1977, Ch. 1066. )

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    Counties are not required to include adult day health care in county hospital services or to establish an adult day health center.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 1. General Provisions [1570 - 1571] ( Article 1 added by Stats. 1977, Ch. 1066. ) ## 1571. Nothing in this chapter shall require any county to include adult day health care as a part of the services offered by the county hospital or to otherwise establish an adult day health center. (Added by Stats. 1977, Ch. 1066.)
  109. 1572.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 2. Administration [1572 - 1574.7] ( Article 2 added by Stats. 1977, Ch. 1066. )

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    The California Department of Aging must take over certain functions and duties from the State Department of Public Health when those functions are transferred, and the agencies must use an interagency agreement to set responsibilities and collaboration rules.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 2. Administration [1572 - 1574.7] ( Article 2 added by Stats. 1977, Ch. 1066. ) ## 1572. (a) The functions and duties of the State Department of Public Health provided for under this chapter shall be performed by the California Department of Aging commencing on the date those functions are transferred from the State Department of Public Health to the California Department of Aging. The authority, functions, and responsibility for the administration of the adult day health care program by the California Department of Aging and the State Department of Public Health shall be defined in an interagency agreement between the two departments and the State Department of Health Care Services that specifies how the departments will work together. (b) The interagency agreement shall specify that the California Department of Aging is designated by the department as the agency responsible for community long-term care programs. At a minimum, the interagency agreement shall clarify each department’s responsibilities on issues involving licensure and certification of adult day health care providers, payment of adult day health care claims, prior authorization of services, promulgation of regulations, and development of adult day health care Medi-Cal rates. This agreement shall also include provisions whereby the department and the California Department of Aging shall collaborate in the development and implementation of health programs and services for older persons and functionally impaired adults. (c) The Director of the California Department of Aging shall make recommendations regarding licensure to the Licensing and Certification Division in the State Department of Public Health. The recommendation shall be based on all of the following criteria: (1) An evaluation of the ability of the applicant to provide adult day health care in accordance with the requirements of this chapter and regulations adopted hereunder. (2) Other criteria that the director deems necessary to protect public health and safety. (Amended by Stats. 2008, Ch. 648, Sec. 4. Effective January 1, 2009.)
  110. 1574.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 2. Administration [1572 - 1574.7] ( Article 2 added by Stats. 1977, Ch. 1066. )

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    The state department may delegate compliance-checking and related functions to local health departments, which must follow state rules and the chapter when doing so.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 2. Administration [1572 - 1574.7] ( Article 2 added by Stats. 1977, Ch. 1066. ) ## 1574. The state department may delegate to local health departments the authority to verify compliance with the licensing and approval provisions of this chapter, and regulations adopted pursuant to this chapter to provide consultation, and to recommend disciplinary action by the department against those licensed or approved under the provisions of this chapter. In exercising the authority so delegated, the local health department shall conform to the requirements of this chapter and to the rules and regulations of the state department. Payment to the local health departments for services performed pursuant to this section shall be in accordance with a budget submitted by the local health department and approved by the state department. Such expenditures shall not exceed amounts appropriated by the Legislature for the purpose of such inspection and enforcement. (Added by Stats. 1980, Ch. 268.)
  111. 1574.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 2. Administration [1572 - 1574.7] ( Article 2 added by Stats. 1977, Ch. 1066. )

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    Adult day health care centers must comply with licensing requirements, and program flexibility may be requested and approved under stated conditions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 2. Administration [1572 - 1574.7] ( Article 2 added by Stats. 1977, Ch. 1066. ) ## 1574.5. (a) All adult day health care centers shall maintain compliance with licensing requirements. These requirements shall not prohibit program flexibility for the use of alternate concepts, methods, procedures, techniques, equipment, number and qualifications of personnel, or the conducting of pilot projects, if these alternatives or pilot projects are carried out with provisions for safe and adequate care and with the prior written approval of the state department. This approval shall provide for the terms and conditions under which permission to use an alternative or pilot program is granted. Particular attention shall be given to encourage the development of models appropriate to rural areas. The department may allow the substitution of work experience for academic requirements for the position of program director, administrator, or activity coordinator. (b) The applicant or licensee may submit a written request to the department for program flexibility, and shall submit with the request substantiating evidence supporting the request. (c) Any approval by the department granted under this section, or a true copy thereof, shall be posted immediately adjacent to the center’s license. (Amended by Stats. 2011, Ch. 119, Sec. 2. (SB 91) Effective July 25, 2011.)
  112. 1574.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 2. Administration [1572 - 1574.7] ( Article 2 added by Stats. 1977, Ch. 1066. )

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    This section sets deadlines for reviewing adult day health center license applications and requires applicants and the department to provide certain information and clearances.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 2. Administration [1572 - 1574.7] ( Article 2 added by Stats. 1977, Ch. 1066. ) ## 1574.7. (a) The department and the licensing agencies with which it contracts for licensing shall review and make a final determination within 60 days of an applicant’s submission of a complete application on all applications for a license to operate an adult day health center if the applicant possesses a current valid license to operate an adult day health center at another site. Applicants shall note on the application, or in a cover letter to the application, that they possess a current valid license at another site, and the number of that license. (b) The department shall request a fire safety clearance from the appropriate fire marshal within five days of receipt of an application described in subdivision (a). The applicant shall be responsible for requesting and obtaining the required criminal record clearances. (c) If the department for any reason is unable to comply with subdivision (a), it shall, within 60 days of receipt of the application described in subdivision (a), grant a provisional license to the applicant to operate for a period not to exceed six months, except as provided in subdivision (d). While the provisional license is in effect, the department shall continue its investigation and make a final determination on the application before the provisional license expires. The provisional license shall be granted, provided the department knows of no life safety risks, the criminal records clearances, if applicable, are complete, and the fire safety clearance is complete. The director may extend the term of a provisional license for an additional six months at the time of the application, if the director determines that more than six months will be required to achieve full compliance with licensing standards due to circumstances beyond the control of the applicant, and if all other requirements for a license have been met. (d) If the department does not issue a provisional license pursuant to subdivision (c), the department shall issue a notice to the applicant identifying whether the provisional license has not been issued due to the existence of a life safety risk, lack of a fire safety clearance, lack of a criminal records clearance, failure to complete the application, or any combination of these reasons. If a life safety risk is identified, the risk preventing the issuance of the provisional license shall be clearly explained. If a lack of the fire safety clearance is identified, the notice shall include the dates on which the department requested the clearance and the current status of that request, and the fire marshal’s name and telephone number to whom a fire safety clearance request was sent. The department shall identify the names of individuals for whom criminal records clearances are lacking. If failure to complete the application is identified, the notice shall list all of the forms or attachments that are missing or incorrect. This notice shall be sent to the applicant no later than 60 days after the applicant filed the application. If the reasons identified in the notice are corrected, the department shall issue the provisional license within five days after the corrections are made. (e) The department shall, immediately after January 1, 1993, develop expedited procedures necessary to implement subdivisions (a), (b), (c), and (d). (f) The department shall, immediately after January 1, 1993, develop an appeal procedure for applicants under this section for both denial of licenses and delay in processing applications. (Added by Stats. 1992, Ch. 570, Sec. 3. Effective January 1, 1993.)
  113. 1575.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. )

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    A person or public agency may not provide adult day health care in this state unless a license has first been obtained under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. ) ## 1575. No person or public agency within this state shall provide adult day health care in this state, without first obtaining a license therefor as provided in this chapter. (Added by Stats. 1977, Ch. 1066.)
  114. 1575.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. )

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    Applicants for an adult day health care center license must disclose specified ownership, control, and related facility history information to the department, and certain ownership changes or officer/director roles need prior written department approval.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. ) ## 1575.1. (a) (1) Each applicant for a license to operate an adult day health care center shall disclose to the department the name and business address of each general partner if the applicant is a partnership, or each director and officer if the applicant is a corporation, and each person having a beneficial ownership or control interest of 5 percent or more in the applicant corporation, company, or partnership. (2) If any person described in paragraph (1) has served or currently serves as an administrator, general partner, trustee or trust applicant, sole proprietor of any applicant or licensee who is a sole proprietor, executor, or corporate officer or director of, or has held a beneficial ownership or control interest of 5 percent or more in, any health facility as defined in Section 1250, adult day health care center, residential care facility for the elderly, home health agency, clinic, or community care facility licensed pursuant to Chapter 3 (commencing with Section 1500), the applicant shall disclose the relationship to the department, including the name and current or last address of the health facility, adult day health care center, residential care facility for the elderly, home health agency, clinic, or community care facility and the date the relationship commenced and, if applicable, the date it was terminated. (3) (A) If the center is operated by, or proposed to be operated in whole or in part under, a management contract, the names and addresses of any person or organization, or both, having an ownership or control interest of 5 percent or more in the management company shall be disclosed to the department. (B) This paragraph shall not apply if the management company has submitted an application for licensure with the department and has complied with paragraph (1). (4) If the applicant or licensee is a subsidiary of another organization, the information shall include the names and addresses of the parent organization of the subsidiary and the names and addresses of any officer or director of the parent organization. (b) The information required by subdivision (a) shall be provided to the department upon initial application for licensure, and upon payment of the annual renewal licensure fee. (c) Failure to comply with subdivision (a) or (b) may result in action to revoke or deny a license. The information required by subdivisions (a) and (b) shall be made available to the public upon request, and shall be included in the public file of the center. (d) On or after January 1, 2002, no person may acquire a beneficial or control interest of 5 percent or more in any corporation, company, or partnership licensed to operate an adult day health care center or in any management company under contract with a licensee of an adult day health care center, nor may any person become an officer or director of, or a general partner in, a corporation, partnership, or management company of this type without the prior written approval of the department. Each application for departmental approval pursuant to this subdivision shall include the information specified in subdivision (a) with regard to the person for whom the application is made. (e) The department may deny approval of a license application or of an application for approval under subdivision (d) or revoke a license if a person named in the application, as required by this section, was suspended as a Medi-Cal provider or excluded as a medicaid or Medicare provider, was an officer, director, general partner, or owner of a 5 percent or greater beneficial or control interest in a licensee of, or in a management company under contract with a licensee of, a health facility, community care facility, residential care facility for the elderly, home health agency, clinic, or adult day health care center at a time when one or more violations of law were committed therein that resulted in suspension or revocation of its license, or at a time when a court-ordered receiver was appointed pursuant to Section 1327, or at a time when a final medicaid decertification action was taken under federal law. However, the prior suspension, revocation, or court-ordered receivership of a license shall not be grounds for denial of the application if the applicant shows to the satisfaction of the department that both of the following conditions exist: (1) The person in question took every reasonably available action to prevent the violation or violations that resulted in the disciplinary action. (2) The person in question took every reasonably available action to correct the violation or violations once he or she knew, or with the exercise of reasonable diligence should have known, of the violation or violations. (f) No application shall be denied pursuant to this section until the department provides the applicant with notice in writing of grounds for the proposed denial of application and affords the applicant an opportunity to submit additional documentary evidence in opposition to the proposed denial. (g) This section shall not apply to a bank, trust company, financial institution, title insurer, controlled escrow company, or underwritten title company to which a license is issued in a fiduciary capacity. (Added by Stats. 2001, Ch. 681, Sec. 5. Effective January 1, 2002.)
  115. 1575.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. )

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    An initial applicant for licensure as an adult day health care center must file an application with the department and include required information, including proof of character, compliance ability, and enough financial resources to operate for at least 30 days.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. ) ## 1575.2. An applicant for initial licensure as an adult day health care center shall file with the department, pursuant to its regulations, an application on forms furnished by the department, that shall include, but not be limited to, the following: (a) Evidence satisfactory to the department that the applicant, its directors, officers, and the person designated to manage the day-to-day affairs of the proposed adult day health care center are of reputable and responsible character. (b) Evidence satisfactory to the department of the ability of the applicant to comply with the provisions of this chapter and of rules and regulations adopted pursuant thereto by the department. (c) Evidence satisfactory to the department that the applicant for a license to operate an adult day health care center possesses financial resources sufficient to operate each licensed center for a period of not less than 30 calendar days and that these resources are identified for adult day health care center operations. The financial reserve requirements may be met, in whole or in part, by a line of credit or a loan. (d) Any other information as may be required by the department for the proper administration and enforcement of this chapter. (Amended by Stats. 2001, Ch. 681, Sec. 6. Effective January 1, 2002.)
  116. 1575.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. )

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    The department may issue a provisional license for an adult day health care center only under this section, must inspect before the provisional license expires, and must issue a regular license if requirements are met.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. ) ## 1575.3. (a) If an adult day health care center or an applicant for a license has not been previously licensed, the department may only issue a provisional license to the center as provided in this section. (b) A provisional license to operate an adult day health care center shall expire one year from the date of issuance, or at an earlier time as determined by the department at the time of issuance. (c) Within 30 days prior to the expiration of a provisional license, the department shall give the adult day health care center a full and complete inspection, and, if the adult day health care center meets all applicable requirements for licensure, a regular license shall be issued. If the adult day health care center does not meet the requirements for licensure but has made substantial progress towards meeting the requirements, as determined by the department, the initial provisional license shall be renewed for six months. (d) If the 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 department determines upon its inspection made within 30 days prior to the termination of a renewed provisional license that there is lack of full compliance with the requirements, no further license shall be issued. (e) If an applicant for a provisional license to operate an adult day health care center has been denied a license, the applicant may contest the denial by requesting an adjudicative hearing. The proceedings to review the denial shall be conducted pursuant to Section 100171. (f) The department shall not apply less stringent criteria when issuing a provisional license pursuant to this section than it applies when issuing a regular license. (Amended by Stats. 2000, Ch. 869, Sec. 2. Effective January 1, 2001.)
  117. 1575.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. )

    Verify source ↗

    The department may issue a provisional license to an adult day health care center if listed conditions are met, and the provisional license cannot be renewed.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. ) ## 1575.4. (a) The department may issue a provisional license to an adult day health care center if all of the following conditions are met: (1) The adult day health care center and the applicant for licensure substantially meet the standards specified by this chapter and regulations adopted pursuant to this chapter. (2) No violation of this chapter or regulations adopted under this chapter exists in the adult day health care center that jeopardizes the health or safety of patients. (3) The applicant has adopted a plan for correction of any existing violations that is satisfactory to the department. (b) A provisional license issued under this section shall expire not later than one year after the date of issuance, or at an earlier time as determined by the department at the time of issuance, and may not be renewed. (c) At the expiration of the provisional license period, the department shall assess the adult day health care center’s full compliance with licensure requirements. If the adult day health care center meets all applicable requirements for licensure, the department shall issue a regular license. (d) The department shall not apply less stringent criteria when issuing a provisional license pursuant to this section than it applies when issuing a regular license. (Amended by Stats. 2000, Ch. 869, Sec. 3. Effective January 1, 2001.)
  118. 1575.45.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. )

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    If a provisional-license adult day health care center has serious deficiencies that endanger participants, the department may act immediately, and the licensee may dispute enrollment-limiting or enrollment-prohibiting actions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. ) ## 1575.45. (a) If the department determines that the adult day health care center operating under a provisional license has serious deficiencies that pose a risk to the health and safety of the participants, the department may immediately take any of the following actions, including, but not limited to: (1) Require a plan of correction. (2) Limit participant enrollment. (3) Prohibit new participant enrollment. (b) When appropriate, the California Department of Aging and the department shall coordinate an action or actions to ensure consistency and uniformity. (c) The licensee shall have the right to dispute an action or actions taken pursuant to paragraphs (2) and (3) of subdivision (a). The department shall accept, consider, and resolve disputes filed pursuant to this subdivision by a licensee in a timely manner. (d) The director shall ensure that public records accurately reflect the current status of any action or actions taken pursuant to this section, including any resolution of disputes. (Added by Stats. 2000, Ch. 869, Sec. 4. Effective January 1, 2001.)
  119. 1575.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. )

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    A licensee must keep enough financial resources to let each licensed adult day health care facility operate for 30 calendar days, and must notify the department within 48 hours if the requirement is not met for 10 working days.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. ) ## 1575.6. (a) As a prudent business practice, a licensee shall maintain sufficient financial resources for adult day health care operations to enable each licensed facility to operate for 30 calendar days. (b) The financial resource requirement contained in subdivision (a) may be met, in whole or in part, by a line of credit, grant, or loan. (c) Whenever a licensee fails to meet the financial resource requirement contained in subdivision (a) for a period of 10 working days, the licensee shall notify the department of that fact within 48 hours. (Added by Stats. 2001, Ch. 681, Sec. 6.5. Effective January 1, 2002.)
  120. 1575.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. )

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    The department must get criminal record clearances before issuing a new license, and facilities must keep newly hired key staff away from clients until clearance is complete.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. ) ## 1575.7. (a) (1) The State Department of Public Health, prior to issuing a new license, shall obtain a criminal record clearance for the administrator, program director, and fiscal officer of the proposed adult day health care center. The department shall obtain the criminal record clearances each time these positions are to be filled. When the conditions set forth in paragraph (3) of subdivision (a) of Section 1265.5, subparagraph (A) of paragraph (1) of subdivision (a) of Section 1338.5, and paragraph (1) of subdivision (a) of Section 1736.6 are met, the licensing and certification program shall issue an All Facilities Letter (AFL) informing facility licensees. After the AFL is issued, facilities shall not allow newly hired administrators, program directors, and fiscal officers to have direct contact with clients or residents of the facility prior to completion of the criminal record clearance. A criminal record clearance shall be complete when the department has obtained the person’s criminal offender record information search response from the Department of Justice and has determined that the person is not disqualified from engaging in the activity for which clearance is required. (2) The criminal record clearance shall require the administrator, program director, and fiscal officer to submit electronic fingerprint images to the Department of Justice. (3) 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. (b) A past conviction of any crime, especially any crime involving misuse of funds or involving physical abuse shall, in the discretion of the department, be grounds for denial of the license, and shall be grounds to prohibit the person from providing services in an adult day health care center. (c) Suspension of the applicant from the Medi-Cal program or prior violations of statutory provisions or regulations relating to licensure of a health facility, community care facility, or clinic shall also be grounds for a denial of licensure, where determined by the state department to indicate a substantial probability that the applicant will not comply with this chapter and regulations adopted hereunder. (d) No applicant which is licensed as a health facility, community care facility, or clinic may be issued a license for an adult day health care center while there exists a subsisting, uncorrected violation of the statutes or regulations relating to such licensure. (e) The department shall develop procedures to ensure that any licensee, direct care staff, or certificate holder for whom a criminal record has been obtained pursuant to this section or Section 1265.5 or 1736 shall not be required to obtain multiple criminal record clearances. (f) Notwithstanding any other provision of law, the department may provide an individual with a copy of his or her state or federal level criminal offender record information search response as provided to that department by the Department of Justice if the department has denied a criminal background clearance based on this information and the individual makes a written request to the department for a copy specifying an address to which it is to be sent. The state or federal level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice and shall be provided to the address specified by the individual in his or her written request. The department shall retain a copy of the individual’s written request and the response and date provided. (Amended by Stats. 2007, Ch. 483, Sec. 17. Effective January 1, 2008.)
  121. 1575.9.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. )

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    A new license application or renewal sent to the state department must include an annual Licensing and Certification Program fee.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. ) ## 1575.9. Each application for a new license or renewal submitted to the state department shall be accompanied by an annual Licensing and Certification Program fee set in accordance with Section 1266. (Amended by Stats. 2006, Ch. 74, Sec. 17. Effective July 12, 2006.)
  122. 1576.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. )

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    The director must approve a new license application if the denial grounds do not exist and the applicant meets all licensure requirements; otherwise, the director must deny the license.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. ) ## 1576. The director shall approve an application for a new license if no substantial basis for denial of the license exists under Section 1575.7, and the applicant has met all the requirements for licensure set forth in this chapter and regulations adopted hereunder. Otherwise the director shall deny issuance of the license. (Amended by Stats. 2003, 1st Ex. Sess., Ch. 7, Sec. 10. Effective May 5, 2003.)
  123. 1576.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. )

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    Licenses issued or renewed under this chapter cannot be transferred, the initial license expires after 12 months, renewal applications must be filed with the department at least 30 days before expiration, and the director may approve relicensure for up to 24 months.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. ) ## 1576.2. Each license issued or renewed pursuant to this chapter shall not be transferable and the initial license shall expire 12 months from the date of its issuance. The director shall be given the discretion to approve applications for relicensure for a period of up to 24 months. Application for annual renewal of a license, accompanied by the required fee, shall be filed with the department not less than 30 days prior to the expiration date. Failure to submit a renewal application prior to that date shall result in expiration of the license. (Amended by Stats. 2011, Ch. 119, Sec. 4. (SB 91) Effective July 25, 2011.)
  124. 1576.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. )

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    If the state department denies a license application or renewal, it must notify the applicant in writing, and the applicant may request a hearing by written petition within 10 days of mailing of the notice.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. ) ## 1576.5. Immediately upon the denial of any application for issuance or renewal of a license, the state department shall notify the applicant in writing. Not later than 10 days after the state department mails the notice, the applicant may submit a written petition for a hearing to the state department. Upon receipt by the state department of the petition in proper form, such petition shall be set for hearing. The hearing shall be held within 60 calendar days of receipt of the petition. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the state department has all the powers granted therein. (Added by Stats. 1977, Ch. 1066.)
  125. 1578.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. )

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    A provider may share space with certain other facilities only if the department approves and the listed safety and scheduling conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. ) ## 1578. A provider may share space with another licensed health facility, community care facility, senior center, or other appropriate structure, upon the approval of the department, based upon a determination of all of the following: (a) The use of the shared space does not jeopardize the welfare of the participant or other clients. (b) The shared use does not exceed occupancy capacity established for fire safety. (c) The space used by the adult day health care center is not essential to meet the other program’s licensing requirements. (d) Each entity schedules services and activities at separate times. This subdivision shall not apply to space used for meals or for space used by another licensed adult day services program. For purposes of this section, “shared space” means the mutual use of exits and entrances, offices, hallways, bathrooms, treatment rooms, and dining rooms by an adult day health care center and another program. (Added by Stats. 2001, Ch. 681, Sec. 8. Effective January 1, 2002.)
  126. 1578.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. )

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    A licensee adding adult day program services under an adult day health care facility must file notice with the department, allocate costs under generally accepted accounting practices, and no on-site inspection is required for application review; the local fire authority sets maximum licensed capacity.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. ) ## 1578.1. (a) Notwithstanding subdivisions (b) and (c) of Section 1570.7 or any other provision of law, if an adult day health care center licensee also provides adult day program services, the adult day health care license shall be the only license required to provide these additional services. Costs shall be allocated among the programs in accordance with generally accepted accounting practices. (b) A provider choosing to add an adult day program within the adult day health care facility shall submit a notice to the department on such forms as may be required. (c) Review and approval of the application to provide a dual program shall not require an on-site inspection. (d) The maximum licensed capacity shall be determined by the local fire authority and shall include limits for ambulatory and nonambulatory participants. (Amended by Stats. 2011, Ch. 119, Sec. 5. (SB 91) Effective July 25, 2011.)
  127. 1579.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. )

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    A rural alternative adult day health care center must operate at least three days each week unless it can justify fewer days to the department. Satellite and parent centers have location, approval, and staffing-sharing rules, and satellites need prior department approval before operating or opening.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 3. Licensure [1575 - 1579] ( Article 3 added by Stats. 1977, Ch. 1066. ) ## 1579. (a) A rural alternative adult day health care center shall operate its programs a minimum of three days weekly, unless the program can justify, to the satisfaction of the department, fewer days of operation due to space, staff, financial, or participant reasons. (b) Any program desiring to become a parent center and develop a satellite program may be located in an area that does not meet the population requirements of the rural service areas and need not be in the same county as a satellite. The satellite shall be located in an area that meets the population requirements of a rural service area, and shall be located within a reasonable distance of the parent center to allow sharing of administration, services, and supervision. Parent and satellite centers shall be located in the same licensing district office. (c) Notwithstanding any other provision of law, the administrator or program director of a parent center may, with the approval of the department, serve as the administrator or program director for up to three additional satellite sites. (d) For the purposes of this section, the following definitions apply: (1) “Parent” means a licensed and certified adult day health care center that establishes one or more satellites. A satellite may be in the county of the parent or a rural service area. The parent center shall provide administration, supervision, and, with the approval of the department, may share services and staff with one or more satellite centers. The parent center’s license and certification shall cover adult day health care services at one or more satellites. (2) “Rural alternative adult day health care center” means an adult day health care center located in a rural service area. (3) “Rural service area” means an identified service area within one hour driving time from the center and with two or more of the following characteristics: (A) Is more than one-half hour direct driving time from an urban area of 50,000 population or more. (B) Has no other adult day health care center within one-half hour direct driving time. (C) Has geographic or climatic barriers, including, but not limited to, snow, fog, ice, mountains, inadequate highways, or weather, that make transportation to another adult day health care center impractical. (D) Is located in a county with an overall population density of less than 100 persons per square mile. (E) Can demonstrate in the application for licensure that a shortage of qualified professionals exists in the county or identified service area. (4) “Satellite” means an adult day health care center established in a rural service area by an existing licensed and certified adult day health care center for the purposes of extending rural adult day health care services to another location. A satellite shall be located close enough to the adult day health center so that administration, supervision, and services may be shared in a manner that does not compromise care and makes it unnecessary for the satellite to be separately licensed. Each satellite shall meet fire and life safety regulations and laws. Prior approval from the department is required before operating or opening a satellite. (Amended by Stats. 2004, Ch. 632, Sec. 3. Effective January 1, 2005.)
  128. 1580.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. )

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    The state department must adopt reasonable regulations for adult day health care and may amend or repeal them from time to time.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. ) ## 1580. The state department shall adopt and may from time to time amend or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the state department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any statute of this state. The regulations shall prescribe standards of safety and sanitation for the physical plant of adult day health centers and standards for the quality of adult day health care services, including, but not limited to, staffing with duly qualified personnel and average daily staffing requirements. For the purposes of computing average daily attendance staffing requirements, maintenance programs for elderly persons shall, as of January 1, 1992, be included in the calculation for monthly total hours of services provided. In adopting the regulations, the state department shall take into account the physical and mental capabilities and needs of the persons to be served, and consideration shall be given to flexible application of safety and sanitation standards, if necessary, to be consistent with the legislative intent of establishing adult day health care programs in locations easily accessible to economically disadvantaged older persons. Program standards contained in regulations adopted pursuant to this section shall be those specified in Chapter 8.7 (commencing with Section 14520) of Part 3 of Division 9 of the Welfare and Institutions Code. (Amended by Stats. 1991, Ch. 985, Sec. 3.)
  129. 1580.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. )

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    The director must adopt, by regulation, an equitable and uniform method for evaluating the quality of care and services provided by adult day health centers, and the state department must publish and distribute that method.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. ) ## 1580.2. On or before December 1, 1978, the director shall by regulation adopt an equitable and uniform method of evaluating the quality of care and services provided by adult day health centers based upon the following: (a) Compliance with regulations adopted pursuant to this chapter. (b) Continued demonstrated community need. (c) Conformity of the program to individual participants’ assessed and reassessed needs and interests with particular attention to visual, auditory, and equipment needs. (d) Suitability of program changes to the community and participants served. (e) Compliance with requirements of law pertaining to fire and life and safety. The evaluation method adopted by the state department shall be published and distributed to all licensed adult day health centers and all other interested persons. (Added by Stats. 1977, Ch. 1066.)
  130. 1580.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. )

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    Adult day health care centers must be inspected and evaluated regularly, and the state department must notify centers of deficiencies and set time to correct them.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. ) ## 1580.5. (a) Every adult day health care center shall be periodically inspected and evaluated for quality of care by a representative or representatives designated by the director. Inspections shall be conducted prior to the expiration of certification or at least every two years and as often as necessary to ensure the quality of care being provided, whether initiated by the state department or pursuant to Section 1580.9. As resources permit, an inspection may be conducted prior to, as well as within the first 90 days of, adult day health care center operation. (b) After each inspection, the state department shall notify the adult day health care center in writing of any deficiencies in its compliance with this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility. Upon a finding of noncompliance, the state department may also assess a civil penalty not to exceed fifty dollars ($50) per day for each violation continuing beyond the date fixed in the notice for correction. If the violation is not corrected within that time, the civil penalty shall accrue from the date of receipt of the notice by the licensee. If the violation continues beyond the date fixed for correction, the state department may also initiate action against the licensee in accordance with Article 7 (commencing with Section 1595). (c) When a civil penalty is to be assessed pursuant to this section, the notice shall specify the amount thereof and shall be served upon the licensee in a manner prescribed by subdivision (c) of Section 11505 of the Government Code. Any judicial action required to collect a civil penalty assessed pursuant to this section shall be brought by the Attorney General acting on behalf of the state department in the superior court of the county in which the adult day health care center is located. (Amended by Stats. 2000, Ch. 869, Sec. 6. Effective January 1, 2001.)
  131. 1580.9.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. )

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    Any person may ask for an inspection of an adult day health center by sending the state department a written, signed notice of an alleged violation.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. ) ## 1580.9. Any person may request an inspection of any adult day health center in accordance with the provisions of this article by transmitting to the state department notice of an alleged violation of applicable requirements prescribed by statute or regulation. Any such notice shall be in writing, specifying to a reasonable extent the details of the alleged violation, and shall be signed by the complainant. The substance of the complaint shall be provided to the licensee no earlier than at the time of the inspection. Unless the complainant specifically requests otherwise, neither the substance of the complaint provided the licensee nor any copy of the complaint or any record published, released, or otherwise made available to the licensee or the public shall disclose the name of any person mentioned in the complaint, unless the complainant is a duly authorized officer, employee, or agent of the state department conducting the investigation or inspection pursuant to this article. (Added by Stats. 1977, Ch. 1066.)
  132. 1581.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. )

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    The state department must review complaints and usually inspect within 10 days, and licensees must not retaliate against people involved in inspections.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. ) ## 1581. Upon receipt of a complaint pursuant to Section 1580.9, the state department shall make a preliminary review. 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 within 10 days after receiving the complaint. In either event, the complainant shall be promptly informed of the state department’s proposed course of action. No licensee shall discriminate or retaliate in any manner against any person receiving the services of such licensee’s adult day health center, or against any employee of such licensee’s facility, on the basis or for the reason that such person or employee or any other person has initiated or participated in an inspection pursuant to Section 1580.9 or 1581. (Added by Stats. 1977, Ch. 1066.)
  133. 1581.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. )

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    Authorized officers, employees, or agents of the department or the California Department of Aging may enter and inspect adult day health care premises, with proper identification, at any time and without advance notice.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. ) ## 1581.5. Any duly authorized officer, employee, or agent of the department or the California Department of Aging may, upon presentation of proper identification, enter and inspect any place providing adult day health care at any time, with or without advance notice, to secure compliance with, or to prevent a violation of, any provision of this chapter or any regulation adopted hereunder. (Amended by Stats. 2001, Ch. 681, Sec. 11. Effective January 1, 2002.)
  134. 1582.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. )

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    The state department may, on request, provide consulting services to adult day health centers to help identify or fix deficiencies and improve quality of care.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. ) ## 1582. The state department may provide consulting services upon request to any adult day health center to assist in the identification or correction of deficiencies and in the upgrading of the quality of care provided by such adult day health center. (Added by Stats. 1977, Ch. 1066.)
  135. 1582.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. )

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    Inspection-related reports must be kept on file in the state department, and specified inspection and correction documents must be open to public inspection.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. ) ## 1582.5. Reports on the results of each inspection, evaluation, or consultation performed pursuant to this article shall be kept on file in the state department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection. (Added by Stats. 1977, Ch. 1066.)
  136. 1583.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. )

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    The director must publish and make available to interested persons a list of all licensed adult day health centers, the services each provides, and each center’s relative evaluation rating.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. ) ## 1583. The director shall publish and make available to interested persons a list of all licensed adult day health centers, the services which each such facility provides, and the relative evaluation rating of each adult day health center as determined pursuant to Section 1580.2. (Added by Stats. 1977, Ch. 1066.)
  137. 1584.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. )

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    Adult day health care centers caring for people with Alzheimer’s disease or other dementias may use certain security devices, but if they do, they must meet specified safety, consent, staffing, training, and drill requirements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. ) ## 1584. (a) An adult day health care center that provides care for adults with Alzheimer’s disease and other dementias may install for the safety and security of those persons secured perimeter fences or egress control devices of the time-delay type on exit doors. (b) As used in this section, “egress control device” means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any participant’s departure from the center for longer than 30 seconds. Center staff may attempt to redirect a participant who attempts to leave the center. (c) Adult day health care centers installing security devices pursuant to this section shall meet all of the following requirements: (1) The center shall be subject to all fire and building codes, regulations, and standards applicable to adult day health care centers using egress control devices or secured perimeter fences and shall receive a fire clearance from the fire authority having jurisdiction for the egress control devices or secured perimeter fences. (2) The center shall maintain documentation of diagnosis by a physician of a participant’s Alzheimer’s disease or other dementia. (3) The center shall provide staff training regarding the use and operation of the egress control devices utilized by the center, the protection of participants’ personal rights, wandering behavior and acceptable methods of redirection, and emergency evacuation procedures for persons with dementia. (4) All admissions to the center shall continue to be voluntary on the part of the participant or with consent of the participant’s conservator, an agent of the participant under a power of attorney for health care, or other person who has the authority to act on behalf of the participant. Persons who have the authority to act on behalf of the participant include the participant’s spouse or closest available relative. (5) The center shall inform all participants, conservators, agents, and persons who have the authority to act on behalf of participants of the use of security devices. The center shall maintain a signed participation agreement indicating the use of the devices and the consent of the participant, conservator, agent, or person who has the authority to act on behalf of the participant. The center shall retain the original statement in the participant’s files at the center. (6) The use of egress control devices or secured perimeter fences shall not substitute for adequate staff. Staffing ratios shall at all times meet the requirements of applicable regulations. (7) Emergency fire and earthquake drills shall be conducted at least once every three months, or more frequently as required by a county or city fire department or local fire prevention district. The drills shall include all center staff and volunteers providing participant care and supervision. This requirement does not preclude drills with participants as required by regulations. (8) The center shall develop a plan of operation approved by the department that includes a description of how the center is to be equipped with egress control devices or secured perimeter fences that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143. The plan shall include, but not be limited to, the following: (A) A description of how the center will provide training for staff regarding the use and operation of the egress control device utilized by the center. (B) A description of how the center will ensure the protection of the participant’s personal rights consistent with applicable regulations. (C) A description of the center’s emergency evacuation procedures for persons with Alzheimer’s disease and other dementias. (d) This section does not require an adult day health care center to use security devices in providing care for persons with Alzheimer’s disease and other dementias. (Amended by Stats. 1999, Ch. 658, Sec. 3. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  138. 1584.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. )

    Verify source ↗

    Adult day health care centers must have and follow an absentee notification plan for missing participants.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 4. Standards and Inspection [1580 - 1584.5] ( Article 4 added by Stats. 1977, Ch. 1066. ) ## 1584.5. Every adult day health care center shall, for the purpose of addressing issues that arise when an adult day health care participant is missing from the facility, develop and comply with an absentee notification plan, as part of the individual plan of care, as defined in Section 1570.7. The plan shall include and be limited to the following: a requirement that an administrator of the facility, or his or her designee, inform the participant’s authorized representative when that participant is missing from the facility and the circumstances in which an administrator of the facility, or his or her designee, shall notify local law enforcement when a participant is missing from the facility. (Added by Stats. 2013, Ch. 674, Sec. 4. (AB 620) Effective January 1, 2014.)
  139. 1585.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5. Additional Requirements [1585 - 1586.7] ( Article 5 added by Stats. 1977, Ch. 1066. )

    Verify source ↗

    Board members of an adult day health center, and their immediate family members, must not have a direct or indirect interest in contracts for services supplied to the center.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5. Additional Requirements [1585 - 1586.7] ( Article 5 added by Stats. 1977, Ch. 1066. ) ## 1585. No member of the governing board of an adult day health center, nor any member of the immediate family of that board member, may have any direct or indirect interest in any contract for supplying services to the adult day health center. (Amended by Stats. 2003, 1st Ex. Sess., Ch. 7, Sec. 11. Effective May 5, 2003.)
  140. 1585.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5. Additional Requirements [1585 - 1586.7] ( Article 5 added by Stats. 1977, Ch. 1066. )

    Verify source ↗

    Operators of licensed adult day health care facilities must run that care as a separate or independent program, with specific location requirements for clinics and community care facilities.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5. Additional Requirements [1585 - 1586.7] ( Article 5 added by Stats. 1977, Ch. 1066. ) ## 1585.2. (a) Any operator of a health facility licensed to provide adult day health care under this chapter shall provide that adult day health care as a separate program as determined by the State Department of Health Services. (b) Any operator of a clinic or community care facility licensed to provide adult day health care under this chapter shall provide that adult day health care as an independent program that is located in a separate, freestanding facility or in a distinct part of the clinic or community care facility. (Amended by Stats. 1998, Ch. 728, Sec. 3. Effective January 1, 1999.)
  141. 1585.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5. Additional Requirements [1585 - 1586.7] ( Article 5 added by Stats. 1977, Ch. 1066. )

    Verify source ↗

    Adult day health care centers must provide services to each participant under an individual plan of care aimed at maintaining or restoring the participant’s optimal self-care capacity.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5. Additional Requirements [1585 - 1586.7] ( Article 5 added by Stats. 1977, Ch. 1066. ) ## 1585.5. Adult day health care centers shall provide services to each participant pursuant to an individual plan of care designed to maintain or restore each participant’s optimal capacity for self-care. (Amended by Stats. 1998, Ch. 151, Sec. 6. Effective January 1, 1999.)
  142. 1586.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5. Additional Requirements [1585 - 1586.7] ( Article 5 added by Stats. 1977, Ch. 1066. )

    Verify source ↗

    An adult day health center must not refuse services because the person’s care will be reimbursed under the Medi-Cal Act.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5. Additional Requirements [1585 - 1586.7] ( Article 5 added by Stats. 1977, Ch. 1066. ) ## 1586. No adult day health center shall refuse to provide adult day care health services to any person on the basis that service to such person will be reimbursed under the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code). (Added by Stats. 1977, Ch. 1066.)
  143. 1586.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5. Additional Requirements [1585 - 1586.7] ( Article 5 added by Stats. 1977, Ch. 1066. )

    Verify source ↗

    Adult day health care centers may not require family members to attend or help with a participant’s daily living activities while the participant is at the center.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5. Additional Requirements [1585 - 1586.7] ( Article 5 added by Stats. 1977, Ch. 1066. ) ## 1586.6. Adult day health care centers may not require family members to attend the center or assist the participant with activities of daily living while at the center. (Added by Stats. 2003, Ch. 105, Sec. 1. Effective January 1, 2004.)
  144. 1586.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5. Additional Requirements [1585 - 1586.7] ( Article 5 added by Stats. 1977, Ch. 1066. )

    Verify source ↗

    Adult day health care centers must not discriminate and must provide physical accessibility accommodations and staff training; the program may not admit participants who cannot be appropriately cared for.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5. Additional Requirements [1585 - 1586.7] ( Article 5 added by Stats. 1977, Ch. 1066. ) ## 1586.7. (a) Adult day health care centers may not discriminate because of race, color, creed, national origin, sex, sexual orientation, or physical or mental disabilities. Centers shall accommodate individuals with physical disabilities by ensuring that they have access to bathrooms, hallways, and door entrances, and by providing safe and adequate parking and passenger loading areas. All staff at centers shall be trained and able to interact with participants with physical disabilities. (b) Notwithstanding subdivision (a), the program may not admit any participants to the program that, in the clinical judgment of those administering the program, cannot be appropriately cared for by the program. (Added by Stats. 2003, Ch. 105, Sec. 2. Effective January 1, 2004.)
  145. 1588.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5.5. Grants-in-Aid Program [1588 - 1589.5] ( Article 5.5 added by Stats. 1983, Ch. 1208, Sec. 2. )

    Verify source ↗

    The state department must run a grants-in-aid program if appropriated funds are available.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5.5. Grants-in-Aid Program [1588 - 1589.5] ( Article 5.5 added by Stats. 1983, Ch. 1208, Sec. 2. ) ## 1588. (a) The state department shall, subject to the availability of funds appropriated therefor, conduct a grants-in-aid program for the following purposes: (1) To assist in the establishment of new adult day health care centers. (2) To assist in stabilizing or expanding the health care operations of adult day health care centers which have been licensed for a period of two years or less. (3) To assist in expanding the health care operations of adult day health care centers which have been licensed for a period of two years or more when identified expansion meets criteria outlined in the specific guidelines established for the grant-supported activities. Expansion under this paragraph shall be based on documented unmet need. (b) The grants authorized pursuant to this article shall be limited in purpose to defraying operating expenses of the center, including staffing costs, required renovation costs, and facility rental costs. (Amended by Stats. 2000, Ch. 108, Sec. 6. Effective July 10, 2000.)
  146. 1588.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5.5. Grants-in-Aid Program [1588 - 1589.5] ( Article 5.5 added by Stats. 1983, Ch. 1208, Sec. 2. )

    Verify source ↗

    Grant eligibility is limited to public or private nonprofit agencies, and the director must require a matching contribution of at least 20% of the grant amount.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5.5. Grants-in-Aid Program [1588 - 1589.5] ( Article 5.5 added by Stats. 1983, Ch. 1208, Sec. 2. ) ## 1588.2. Eligibility for grants pursuant to this article shall be limited to any public or private nonprofit agency. As a condition of making a grant, the director shall require the applicant to match not less than 20 percent of the amount granted. The required match may be cash or in-kind contributions, or a combination of both. In-kind contributions may include, but shall not be limited to, staff and volunteer services. (Amended by Stats. 1998, Ch. 151, Sec. 7. Effective January 1, 1999.)
  147. 1588.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5.5. Grants-in-Aid Program [1588 - 1589.5] ( Article 5.5 added by Stats. 1983, Ch. 1208, Sec. 2. )

    Verify source ↗

    The Adult Day Health Care Program grant amount may not exceed $125,000 for a single project.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5.5. Grants-in-Aid Program [1588 - 1589.5] ( Article 5.5 added by Stats. 1983, Ch. 1208, Sec. 2. ) ## 1588.3. The grant amount available from funds appropriated through the Budget Act for the Adult Day Health Care Program shall not exceed one hundred twenty-five thousand dollars ($125,000) for a single project. (Amended by Stats. 2000, Ch. 108, Sec. 7. Effective July 10, 2000.)
  148. 1588.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5.5. Grants-in-Aid Program [1588 - 1589.5] ( Article 5.5 added by Stats. 1983, Ch. 1208, Sec. 2. )

    Verify source ↗

    The department must give primary consideration to specified factors when setting grant-fund allocation policies and priorities, and it must give special consideration to certain applicants.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5.5. Grants-in-Aid Program [1588 - 1589.5] ( Article 5.5 added by Stats. 1983, Ch. 1208, Sec. 2. ) ## 1588.5. In developing policies and priorities pertaining to the allocation of grant funds, the department shall give primary consideration to the following factors: (a) The applicant’s immediate need for funds. (b) The demonstrated community support for the project. (c) The applicant’s long-term prospects for financial stability. (d) The applicant’s demonstrated marketing strategies. (e) The applicant’s ability to provide innovative services and to coordinate with other services in the continuum of care. (f) Special consideration shall be given to an applicant who is in one or more of the following categories: (1) Applicants in rural areas. (2) Applicants in counties where there are no other centers or in areas where there are no other centers within one hour driving time from the proposed site. (3) Applicants who will deliver services in an area with a high elderly ethnic minority population when compared to the total elderly population of the area. (4) Applicants who will deliver services in an area with a high percentage of elderly Medi-Cal beneficiaries when compared to the total elderly population of the area. (Amended by Stats. 2004, Ch. 632, Sec. 4. Effective January 1, 2005.)
  149. 1588.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5.5. Grants-in-Aid Program [1588 - 1589.5] ( Article 5.5 added by Stats. 1983, Ch. 1208, Sec. 2. )

    Verify source ↗

    The department must set grant guidelines and develop a contract with each selected project.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5.5. Grants-in-Aid Program [1588 - 1589.5] ( Article 5.5 added by Stats. 1983, Ch. 1208, Sec. 2. ) ## 1588.7. (a) The department, unless otherwise specified in the interagency agreement entered into pursuant to Section 1572 or pursuant to annual Budget Act requirements, shall adopt specific guidelines for the establishment of grant-supported activities, including criteria for evaluation of each activity and monitoring to assure compliance with grant conditions and applicable regulations of the department. Funds shall be awarded only after the applicant’s proposal is approved by the department or the California Department of Aging pursuant to the guidelines established for these grants. (b) The department, unless otherwise specified by annual Budget Act requirements, shall develop a contract with each selected project. (Amended by Stats. 2004, Ch. 632, Sec. 5. Effective January 1, 2005.)
  150. 1589.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5.5. Grants-in-Aid Program [1588 - 1589.5] ( Article 5.5 added by Stats. 1983, Ch. 1208, Sec. 2. )

    Verify source ↗

    The department may set up planning and development grants for eligible public or private nonprofit applicants, if funds are appropriated under the annual Budget Act.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5.5. Grants-in-Aid Program [1588 - 1589.5] ( Article 5.5 added by Stats. 1983, Ch. 1208, Sec. 2. ) ## 1589. Subject to the appropriation of funds pursuant to the annual Budget Act, the department may establish planning and development grants for public or private nonprofit applicants that request assistance in conducting feasibility and needs analysis for new adult day health care centers. (Amended by Stats. 2004, Ch. 632, Sec. 6. Effective January 1, 2005.)
  151. 1589.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5.5. Grants-in-Aid Program [1588 - 1589.5] ( Article 5.5 added by Stats. 1983, Ch. 1208, Sec. 2. )

    Verify source ↗

    Administrative costs on grants under this article must not exceed 10% of the grant amount.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 5.5. Grants-in-Aid Program [1588 - 1589.5] ( Article 5.5 added by Stats. 1983, Ch. 1208, Sec. 2. ) ## 1589.5. State administrative costs on grants issued pursuant to this article shall not exceed 10 percent of the amount of the grants. (Added by renumbering Section 1589 by Stats. 2000, Ch. 108, Sec. 10. Effective July 10, 2000.)
  152. 1590.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 6. Denial, Suspension, and Revocation [1590 - 1591.5] ( Article 6 added by Stats. 1977, Ch. 1066. )

    Verify source ↗

    The state department may suspend or revoke a license under this chapter for specified grounds and under the procedure in this article.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 6. Denial, Suspension, and Revocation [1590 - 1591.5] ( Article 6 added by Stats. 1977, Ch. 1066. ) ## 1590. The state department may suspend or revoke any license issued under the provisions of this chapter upon any of the following grounds and in the manner provided in this article: (a) Violation by the licensee of any of the provisions of this chapter or of the rules and regulations adopted pursuant to this chapter. (b) Aiding, abetting, or permitting the violation of any provision of this chapter or of the rules and regulations adopted pursuant to this chapter. (c) Conduct in the operation or maintenance, or both the operation and maintenance, of an adult day health facility which is inimical to the health, morals, welfare, or safety of either an individual receiving services from the facility or the people of the State of California. (Added by Stats. 1977, Ch. 1066.)
  153. 1590.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 6. Denial, Suspension, and Revocation [1590 - 1591.5] ( Article 6 added by Stats. 1977, Ch. 1066. )

    Verify source ↗

    License suspension, revocation, or denial proceedings must follow Section 100171, and Section 100171 controls if it conflicts with this chapter except as provided in Section 1591. The director must keep public records accurate about current adverse actions and dispute resolutions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 6. Denial, Suspension, and Revocation [1590 - 1591.5] ( Article 6 added by Stats. 1977, Ch. 1066. ) ## 1590.5. Proceedings for the suspension, revocation, or denial of a license under this article shall be conducted in accordance with Section 100171. Except as provided in Section 1591, Section 100171 shall prevail in the event of a conflict between this chapter and Section 100171. The director shall ensure that public records accurately reflect the current status of any potential adverse action or actions, including the resolution of disputes. (Amended by Stats. 2000, Ch. 869, Sec. 8. Effective January 1, 2001.)
  154. 1591.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 6. Denial, Suspension, and Revocation [1590 - 1591.5] ( Article 6 added by Stats. 1977, Ch. 1066. )

    Verify source ↗

    The director must notify the licensee and serve an accusation before seeking suspension or revocation, and must follow short hearing deadlines; the director may also temporarily suspend a license before a hearing if needed to protect participants’ health and safety.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 6. Denial, Suspension, and Revocation [1590 - 1591.5] ( Article 6 added by Stats. 1977, Ch. 1066. ) ## 1591. (a) When the director intends to seek the suspension or revocation of a license, the director shall notify the licensee of the proposed suspension or revocation and, at the same time, shall serve the person with an accusation. Upon receipt of a notice of defense from the licensee, the director shall set the matter for hearing within five days. The director shall make a final determination as to whether to suspend or revoke the license within 30 days after the original hearing has been completed. (b) The director may temporarily suspend a license prior to a hearing when he or she determines that the suspension is necessary to protect the health and safety of the participants. In the event of a prehearing suspension, the director shall notify the licensee of the suspension and its effective date and, at the same time, shall serve the licensee with an accusation. Within 15 days of receiving a notice of defense from the licensee, the director shall set the matter for a hearing that shall be held as soon as possible, but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the director has made a final determination on the merits, which shall be made within 30 days after the hearing has been completed. (Amended by Stats. 2004, Ch. 632, Sec. 7. Effective January 1, 2005.)
  155. 1591.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 6. Denial, Suspension, and Revocation [1590 - 1591.5] ( Article 6 added by Stats. 1977, Ch. 1066. )

    Verify source ↗

    Withdrawing a filed license application does not stop the state department from denying the license or continuing action, unless the department agrees in writing.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 6. Denial, Suspension, and Revocation [1590 - 1591.5] ( Article 6 added by Stats. 1977, Ch. 1066. ) ## 1591.5. The withdrawal of an application for a license after it has been filed with the state department shall not, unless the state department consents in writing to such withdrawal, deprive the state department of its authority to institute or continue a proceeding against the applicant for the denial of the license upon any ground provided by law or to enter an order denying the license upon any such ground. The suspension, expiration, or forfeiture by operation of law of a license issued by the state department, or its suspension, forfeiture, or cancellation by order of the state department or by order of a court of law, or its surrender without the written consent of the state department, shall not deprive the state department of its authority to institute or continue a disciplinary proceeding against the licensee upon any ground provided by law or to enter an order suspending or revoking the license or otherwise taking disciplinary action against the licensee on any such ground. (Added by Stats. 1977, Ch. 1066.)
  156. 1595.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 7. Offenses [1595 - 1596.5] ( Article 7 added by Stats. 1977, Ch. 1066. )

    Verify source ↗

    A license revoked under this article may be reinstated under Government Code Section 11522.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 7. Offenses [1595 - 1596.5] ( Article 7 added by Stats. 1977, Ch. 1066. ) ## 1595. Any license revoked pursuant to this article may be reinstated pursuant to the provisions of Section 11522 of the Government Code. (Added by Stats. 1977, Ch. 1066.)
  157. 1595.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 7. Offenses [1595 - 1596.5] ( Article 7 added by Stats. 1977, Ch. 1066. )

    Verify source ↗

    A person who negligently, repeatedly, or willfully violates this chapter or its regulations commits a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 7. Offenses [1595 - 1596.5] ( Article 7 added by Stats. 1977, Ch. 1066. ) ## 1595.2. Any person who negligently, repeatedly, or willfully violates any of the provisions of this chapter, or regulations adopted pursuant to this chapter, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 147. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  158. 1595.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 7. Offenses [1595 - 1596.5] ( Article 7 added by Stats. 1977, Ch. 1066. )

    Verify source ↗

    The director may sue to stop a violation or threatened violation of Section 1575 in the superior court for the county where it happened or is about to happen.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 7. Offenses [1595 - 1596.5] ( Article 7 added by Stats. 1977, Ch. 1066. ) ## 1595.5. The director may bring an action to enjoin the violation or threatened violation of Section 1575 in the superior court in and for the county in which the violation occurred or is about to occur. Any proceeding under the provisions of this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7, of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. (Added by Stats. 1977, Ch. 1066.)
  159. 1596.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 7. Offenses [1595 - 1596.5] ( Article 7 added by Stats. 1977, Ch. 1066. )

    Verify source ↗

    A director’s action against an adult day health center does not end just because the center is sold or its ownership changes.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 7. Offenses [1595 - 1596.5] ( Article 7 added by Stats. 1977, Ch. 1066. ) ## 1596. Any action brought by the director against an adult day health center shall not abate by reason of a sale or other transfer of ownership of the adult day health center which is a party to the action. (Added by Stats. 1977, Ch. 1066.)
  160. 1596.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 7. Offenses [1595 - 1596.5] ( Article 7 added by Stats. 1977, Ch. 1066. )

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    County district attorneys must prosecute violations of this chapter or its regulations in their county when the state department or its authorized representative applies.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5] ( Heading of Chapter 3.3 renumbered from Chapter 3.2 by Stats. 1988, Ch. 160, Sec. 92. ) ## ARTICLE 7. Offenses [1595 - 1596.5] ( Article 7 added by Stats. 1977, Ch. 1066. ) ## 1596.5. The district attorney of every county shall, upon application by the state department or its authorized representative institute and conduct the prosecution of any action for violation within his county of any provisions of this chapter or of regulations adopted pursuant to this chapter. (Added by Stats. 1977, Ch. 1066.)
  161. 1596.60.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    This section defines several terms used in the child care provider registration chapter.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.60. For the purposes of this chapter, the following definitions shall apply: (a) “Ancillary day care center” means a day care center, as defined in Section 1596.76, that is associated with an athletic club, grocery store, or other business or group of businesses that is not required to be licensed pursuant to subdivision (k) of Section 1596.792 that provides a day care center that is ancillary to its principal business activity and that provides day care services, with or without a fee, for the children of the clients or customers of that business or group of businesses while the clients or customers are engaged in shopping for, or purchasing, goods or services from that business or group of businesses. (b) “Department” means the State Department of Social Services. (c) “Director” means the Director of Social Services. (d) “Professional supervised visitation monitor” means a person paid for providing supervised visitation services, or an independent contractor, employee, intern, or volunteer who is providing supervised visitation services and operating independently or through a supervised visitation center or agency. (e) “Trustline provider,” “license exempt child care provider,” or “provider” means a person 18 years of age or older who provides child care, supervision, or any person providing in-home educational or counseling services to a minor, and who is not required to be licensed pursuant to Section 1596.792. “Provider” also means a person who provides care or childcare supervision in an ancillary day care center other than the parent or guardian of the child receiving the care. “Trustline provider” or “provider” also means a professional supervised visitation provider, as described in Section 3200.5 of the Family Code. (Amended by Stats. 2019, Ch. 823, Sec. 2. (AB 1165) Effective January 1, 2020.)
  162. 1596.601.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    A child care provider who has one of the listed identification cards may start a background examination to become a trustline provider.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.601. Any child care provider who possesses any one of the following identification cards may initiate a background examination to be a trustline provider: (a) A valid California driver’s license. (b) A valid identification card issued by the Department of Motor Vehicles. (c) A valid Permanent Resident Card. (d) In the case of a person living in a state other than California, a valid numbered photo identification card issued by an agency of the state other than California. (Amended by Stats. 2021, Ch. 296, Sec. 33. (AB 1096) Effective January 1, 2022.)
  163. 1596.603.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    People starting a trustline provider background check must submit fingerprints and a completed application, unless exempt. Certain current licensees or employees do not need to submit fingerprints but must provide ID and a signed identity declaration.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.603. (a) Each person initiating a background examination to be a trustline provider shall either obtain two sets of fingerprints from a law enforcement agency or other local agency on a fingerprint card authorized by the Department of Justice and shall submit the fingerprints, or send his or her fingerprints to the Department of Justice by electronic transmission in a manner approved by the department, unless exempted in subdivision (e), and a completed trustline application to the department, or the local child care resource and referral agency which will immediately forward the application package to the department. The agency taking the fingerprints shall inscribe the serial number from the identification card described in Section 1596.601 on the fingerprint cards. (b) A law enforcement agency or other local agency authorized to take fingerprints may charge a reasonable fee to offset the costs of fingerprinting for the purposes of this chapter. (c) Upon receipt, the department shall transmit the fingerprint card and a copy of the application to the Department of Justice. The Department of Justice shall use the fingerprints and the application to search the state and Federal Bureau of Investigation criminal history information pursuant to Section 1596.871 and the automated child abuse system pursuant to subdivision (b) of Section 1596.877. (d) A person who is a current licensee or employee in a facility licensed by the department need not submit fingerprints to the department and may transfer their criminal record clearance pursuant to subdivision (h) of Section 1596.871. The person shall instead submit to the department, along with the person’s application, a copy of the person’s identification card described in Section 1596.601 and sign a declaration verifying the person’s identity. A willful false declaration is a violation of this subdivision punishable in the same manner as provided under Section 1596.890. (Amended by Stats. 1998, Ch. 311, Sec. 43. Effective August 19, 1998.)
  164. 1596.605.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    The department must maintain and update a trustline registry, review applications and background checks, and grant applications only when denial grounds do not exist. Some applicants are not entitled to apply.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.605. (a) (1) The department shall establish a trustline registry pursuant to this chapter and shall continuously update the registry information. Upon submission of the trustline application and fingerprints or other identification documents pursuant to either subdivision (a) or (e) of Section 1596.603, the department shall enter into the trustline registry the provider’s name, identification card number, and an indicator that the provider has submitted an application and fingerprints or identification documentation. This provider shall be known as a “trustline applicant.” (2) A person shall not be entitled to apply to be a trustline provider and shall have his or her application returned without the right to appeal if the provider would not be eligible to obtain a child care license pursuant to Section 1596.851. (b) (1) Before approving the person’s application, the department shall check the individual criminal history pursuant to Section 1596.871 and against the child abuse index pursuant to subdivision (b) of Section 1596.877. Upon completion of the searches of the state summary criminal history information and the child abuse index, and, if applicable, the records of the Federal Bureau of Investigation, the department shall grant the trustline application if grounds do not exist for denial pursuant to Section 1596.607 and the department shall enter that finding in the provider’s record in the trustline registry and shall notify the provider of the action. This provider shall be known as a “registered trustline child care provider.” (2) The department may transfer the criminal record clearance granted to a registered trustline child care provider and hold the registered trustline child care provider’s criminal record clearance in its active files pursuant to subdivision (h) of Section 1596.871. (Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
  165. 1596.607.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    The department must deny some trustline applications and may deny others based on specified criminal, abuse, or prior licensing history; if registration is denied, the provider has a right to appeal within 15 days.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.607. (a) (1) If the department finds that the trustline applicant has been convicted of a crime, other than a minor traffic violation, the department shall deny the application, unless the department grants an exemption pursuant to subdivision (f) of Section 1596.871. (2) If the department finds that the trustline applicant has an arrest as described in subdivision (a) of Section 1596.871, the department may deny the application if the trustline applicant may pose a risk to the health and safety of any person who is or may become a client and the department complies with subdivision (e) of Section 1596.871. (3) The department shall comply with the requirements of Section 1596.877 and may deny the application of a trustline applicant for substantiated child abuse that may pose a threat to the health and safety of any person who is or may become a client. (4) The department may deny the application for registration of the trustline applicant if it discovers that the department or a county had previously revoked or rescinded a license or certificate to be a certified family home or resource family held by the trustline applicant or excluded the trustline applicant from a licensed facility, certified family home, or resource family home. (5) The department may deny the application for registration of the trustline applicant if it discovers that the department or a county had previously denied the trustline applicant’s application for a license from the department or certificate to be a certified family home or resource family. (b) (1) If, the department denies registration pursuant to subdivision (a), it shall advise the provider of the right to appeal. The provider shall have 15 days to appeal the denial. (2) Upon receipt by the department of the appeal, the appeal shall be set for hearing. The hearing shall be conducted in accordance with Section 1596.887. (Amended by Stats. 2017, Ch. 732, Sec. 37. (AB 404) Effective January 1, 2018.)
  166. 1596.608.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

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    The department may revoke a trustline provider’s registration for fraud, false statements, certain criminal convictions, or conduct endangering health and safety. A trustline provider’s registration is also forfeited if certain related licenses or approvals are revoked, suspended, or denied, if the provider is denied employment/residence/presence in a facility after an administrative hearing, or if the provider does not keep a current mailing address with the department.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.608. (a) (1) The department may revoke a provider’s trustline registration for any of the following: (A) Procuring trustline registration by fraud or misrepresentation. (B) Knowingly making or giving any false statement or information in conjunction with the application for issuance of trustline registration. (C) Criminal conviction unless an exemption is granted pursuant to Section 1596.871. (D) Incident of child abuse or neglect or other conduct that poses a threat to the health and safety of any person who is or may become a client. (2) The hearing to revoke the trustline registration shall be conducted in accordance with Section 1596.887. (b) The trustline provider’s registration shall be considered forfeited under the following conditions: (1) The trustline provider has had a license or certificate of approval revoked, suspended, or denied as authorized under Section 1534, 1550, 1568.082, 1569.50, or 1596.885. (2) The trustline provider has been denied employment, residence, or presence in a facility based on action resulting from an administrative hearing pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897. (3) The trustline provider fails to maintain a current mailing address with the department. (Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
  167. 1596.61.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    The department may charge a fee to a trustline applicant, but the fee cannot be more than the total actual costs listed in the section.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.61. (a) The department may charge a fee to a trustline applicant. The department may enter into an interagency agreement for the purpose of transferring funds to offset the costs incurred by the California Child Care Resource and Referral Network to implement the trustline program pursuant to this chapter. (b) The maximum fee shall not exceed the total actual costs of all of the following: (1) The searches of the state summary criminal history information and the child abuse index performed by the Department of Justice. The cost to check the criminal history information shall not subsidize the cost to check the criminal history of other persons by the State Department of Social Services who are not charged a fee by the Department of Justice. (2) The cost incurred by the Department of Justice for the searches of the records of the Federal Bureau of Investigation. (3) The information and technical assistance provided by the California Child Care Resource and Referral Network to parents, providers, and employment agencies. (4) The implementation by the local child care resource and referral programs of the trustline program. (5) The cost to the department to process the applications and maintain the trustline registry. (Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
  168. 1596.615.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

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    Money collected by the department for this chapter is continuously appropriated to the department for spending on this chapter, regardless of fiscal year.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.615. All moneys collected by the department to implement this chapter shall, notwithstanding Section 13340 of the Government Code, be continuously appropriated to the department without regard to fiscal year for expenditure pursuant to this chapter. (Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
  169. 1596.616.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    The department must charge each trustline applicant who provides care in an ancillary day care center a fee set to the department’s processing and registry-maintenance costs, and the fee cannot exceed that amount.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.616. Notwithstanding Section 1596.61, the department shall charge a fee to each trustline applicant who provides care in an ancillary day care center, that is equal to and does not exceed the total amount required by the department to process applications and maintain the trustline registry for these providers. (Amended by Stats. 2010, Ch. 431, Sec. 1. (AB 222) Effective September 29, 2010.)
  170. 1596.62.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    The Department of Justice and the department must keep trustline records updated, and trustline applicants and registered providers must report any new mailing address in writing within 10 days.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.62. (a) (1) The Department of Justice shall maintain and continually update an index of reports of child abuse by, and pertinent criminal convictions of, providers and shall inform the department of subsequent reports received from the child abuse index pursuant to Section 11170 of the Penal Code and the criminal history. The department shall continually update the trustline registry pursuant to the actions required in Section 1596.607. (2) The trustline applicant and registered trustline provider shall inform the department of any new mailing address in writing within 10 days of the change in address. (b) The department shall provide the California Child Care Resource and Referral Network with a continually updated record of the trustline applicants, trustline applicants that the department denied, the registered trustline child care providers, and providers whose registration that the department revoked. (c) Notwithstanding any other law, including Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code, state officers or employees shall not be liable for any damages caused by their conduct pursuant to this chapter except for intentional acts or gross negligence. (d) On July 1, 1998, the Department of Justice shall transfer all trustline application and registration material to the department. The department shall be responsible for all pending applications and hearings and shall transfer all trustline application and registration information. (Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
  171. 1596.63.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    A person commits a misdemeanor if they falsely claim to be a trustline applicant or a registered trustline child care provider.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.63. It is a misdemeanor for a person to falsely represent or present himself or herself as a trustline applicant or a registered trustline child care provider. (Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
  172. 1596.64.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    The department must contract with the California Child Care Resource and Referral Network to administer trustline duties, and that network may subcontract locally. Contracts or grants under this chapter are exempt from specified contracting rules and do not need Department of General Services approval.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.64. (a) The department shall enter into a contract with the California Child Care Resource and Referral Network to administer the trustline duties as described in this chapter. (b) The California Child Care Resources and Referral Network may subcontract with local resource and referral programs for the implementation of the trustline program at the local level. (c) Notwithstanding any other law: (1) Contracts or grants awarded pursuant to this chapter shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. (2) Contracts or grants awarded pursuant to this chapter shall be exempt from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services. (Amended by Stats. 2021, Ch. 116, Sec. 240. (AB 131) Effective July 23, 2021.)
  173. 1596.643.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    The California Child Care Resource and Referral Network must operate and publicize the trustline program and help related agencies, and its officers or employees are generally shielded from liability for injury caused by covered conduct, except for intentional conduct or gross negligence.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.643. (a) The California Child Care Resource and Referral Network shall have the following responsibilities: (1) Establish and maintain a toll-free line to allow parents, employment agencies, child care referral groups and registries, alternative payment programs, and others to determine if a provider is a trustline applicant or a registered trustline child care provider. (2) Develop a statewide promotion plan, publicize statewide existence, benefits, and methods of accessing the trustline for both parents and providers, and distribute trustline applications statewide. (3) Monitor and provide assistance to the child care resource and referral agencies in carrying out their trustline responsibilities. (4) Seek private financial support for the trustline. (5) Ensure that the trustline is accessible to all persons in the state, regardless of their ability to speak English. (b) Officers or employees of the California Child Care Resource and Referral Network shall not be liable for any injury caused by their conduct pursuant to paragraph (1) of subdivision (a), except for intentional conduct or gross negligence. (Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)
  174. 1596.645.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    The California Child Care Resource and Referral Network must review the trustline system and make recommendations about how it operates.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.645. The California Child Care Resource and Referral Network, in consultation with representatives of private industry, parents, childcare resource and referral agencies, the department, trustline providers, employment agencies, and the pediatric health sector, shall review and make recommendations concerning the operation of the trustline. This review shall include a consideration of strategies for reducing the processing time for trustline application denials, and to the extent possible, an evaluation of, or proposed methodology for measuring, whether those childcare providers for whom trustline applications are denied are still providing care when denial letters are sent to them. (Amended by Stats. 2021, Ch. 116, Sec. 241. (AB 131) Effective July 23, 2021.)
  175. 1596.65.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    An employment agency that refers child care providers to certain parents or guardians must not place a provider unless the provider is a trustline applicant or a registered child care provider.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.65. (a) An employment agency, as defined in Section 1812.501 of the Civil Code, that refers a child care provider to parents or guardians who are not required to be a licensed child day care facility shall not make a placement of a child care provider who is not a trustline applicant or a registered child care provider. (b) Any violation of this section is a misdemeanor and shall be punishable by a fine of one hundred dollars ($100). (Amended by Stats. 1998, Ch. 287, Sec. 2. Effective January 1, 1999.)
  176. 1596.653.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    Transport escort services must give parents or guardians specified information, get written permission, and only transport minors with trustline registered child care providers; violations can lead to civil suit and misdemeanor penalties.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.653. (a) It is the intent of the Legislature to protect the well-being of California children by regulating private individuals and companies that transport or accompany minors to out-of-state residential facilities or institutions. (b) As used in this section: (1) “Transport escort service” means any person, partnership, association, or corporation that accepts financial compensation or other consideration to accompany or transport minors who are residents of California to any residential facility or institution located outside the state. (2) “Minor” means any person under the age of 18 years. (3) “Department” means the State Department of Social Services. (c) Every transport escort service that accompanies or transports a minor who is a resident of California to any residential facility or institution located outside the state, shall first provide the minor’s parents, custodial parent, or legal guardian with all of the following: (1) A description of the child care provider trustline registry established pursuant to this chapter that provides criminal history checks on child care providers. (2) An explanation of how a parent may obtain more information about the child care provider trustline registry. (3) A statement that a transport escort service is prohibited by law from transporting or accompanying a minor unless the person or persons transporting the minor are trustline registered child care providers. (4) An explanation of how the parent may verify the trustline registration of the transport escort service. (5) An explanation of the minor’s right to make a complaint to a child protective agency concerning abusive treatment by the transport escort service. (d) A transport escort service shall not transport or accompany a minor without obtaining the written permission of the minor’s parents, custodial parent, or legal guardian. (e) The transport escort service shall verify in writing that the minor’s parents, custodial parent, or legal guardian has received the information required under subdivision (c). (f) A transport escort service shall not accompany or transport a minor to any residential facility or institution located outside the state, unless the person or persons transporting or accompanying the minor are trustline registered child care providers. (g) A minor, parent, or legal guardian claiming to be aggrieved by a violation of this section by a transport escort service may bring a civil action for injunctive relief or damages, or both. (h) In addition to the remedy provided in subdivision (g), a violation of this section may be prosecuted as a misdemeanor punishable by a fine of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) as to each person with respect to whom a violation occurs, or imprisonment in a county jail for not more than six months. (i) This section does not apply to the following: (1) The transport of minors by any governmental agency or employee. (2) The transport of minors under the jurisdiction of the juvenile court. (3) The transport of minors by family members or relatives. (j) Nothing in this section shall limit any claim for damages or the issuance of any injunction that a parent or child may assert against a transport escort service pursuant to any other state or federal law or regulation. (Added by Stats. 1999, Ch. 772, Sec. 1. Effective January 1, 2000.)
  177. 1596.655.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    A childcare resource and referral agency must carry out local trustline promotion, cooperate with the statewide network, report annually, ensure English-accessible service, and give information and technical help on the trustline process.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.655. A childcare resource and referral agency established pursuant to Chapter 2 (commencing with Section 10217) of Part 1.8 of Division 9 of the Welfare and Institutions Code shall have the following responsibilities in the administration of the trustline within its local geographic area of service: (a) Implement the local elements of the promotion plan designed by the California Child Care Resource and Referral Network pursuant to Section 1596.643 and publicize the availability, purpose, and benefits of the trustline to parents, childcare providers, prospective childcare providers, and institutions and agencies that have frequent contact with parents and providers. (b) Cooperate with the California Child Care Resource and Referral Network in promotional and data collection efforts. (c) Report annually to the California Child Care Resource and Referral Network on local promotional efforts, problems encountered, and recommendations for program improvement. (d) Ensure that the trustline is accessible to all persons in the state, regardless of their ability to speak English. (e) Provide information and technical assistance on the trustline process to parents, childcare providers, and other interested parties. (Amended by Stats. 2021, Ch. 116, Sec. 242. (AB 131) Effective July 23, 2021.)
  178. 1596.656.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    Certain adults providing child care or child care supervision in an ancillary day care center must be registered; some unregistered or denied workers become ineligible, while minors may still be employed.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.656. (a) A person 18 years of age or older, who provides child care or child care supervision in an ancillary day care center, as defined in Section 1596.60, shall be registered pursuant to Sections 1596.603 and 1596.605. Nothing in this chapter shall be construed to prevent a person under 18 years of age from being employed in an ancillary day care center. (b) Notwithstanding any provision of law to the contrary, if a person 18 years of age or older is denied trustline registration by the department pursuant to Section 1596.605 or 1596.607, or if the department revokes a person’s trustline registration pursuant to Section 1596.608, that person shall be ineligible for employment in a position providing child care or child care supervision in an ancillary day care center. (c) If an existing employee providing child care or child care supervision in an ancillary day care center, or a prospective employee seeking employment in a position that provides child care or child care supervision in an ancillary day care center, submits an application to the department to become a registered trustline child care provider, that existing or prospective employee shall be deemed to be in compliance with the requirements of this section and permitted to work in a position providing child care or child care supervision pending the department’s review of his or her trustline application. The existing or prospective employee shall become ineligible for employment providing child care or child care supervision in an ancillary day care center if the department denies his or her trustline application and any right to appeal the department’s denial has been exhausted or has expired. (d) This section shall become operative on January 1, 2011. (Amended by Stats. 2010, Ch. 431, Sec. 2. (AB 222) Effective September 29, 2010. Section initially operative January 1, 2011, by its own provisions.)
  179. 1596.657.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    A professional supervised visitation provider must be registered under the cited registration sections starting January 1, 2021.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.657. Pursuant to Section 3200.5 of the Family Code, a professional supervised visitation provider, as described in that section, shall, beginning January 1, 2021, be registered pursuant to Sections 1596.603 and 1596.605. (Added by Stats. 2019, Ch. 823, Sec. 3. (AB 1165) Effective January 1, 2020.)
  180. 1596.66.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    Some license-exempt child care providers receiving certain public funds must register to be paid, unless they are a grandparent, aunt, or uncle of the child in care.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.66. (a) Each license-exempt childcare provider, as defined pursuant to Section 1596.60, who is compensated, in whole or in part, with funds provided pursuant to the Alternative Payment Program, Chapter 3 (commencing with Section 10225) of Part 1.8 of Division 9 of the Welfare and Institutions Code or pursuant to the federal Child Care and Development Block Grant Program, except a provider who is, by marriage, blood, or court decree, the grandparent, aunt, or uncle of the child in care, shall be registered pursuant to Sections 1596.603 and 1596.605 in order to be eligible to receive this compensation. Registration under this chapter shall be required for providers who receive funds under Section 9858 and following of Title 42 of the United States Code only to the extent permitted by that law and the regulations adopted pursuant thereto. Registration under this chapter shall be required for providers who receive funds under the federal Child Care and Development Block Grant Program only to the extent permitted by that program and the regulations adopted pursuant thereto. (b) For the purposes of registration of the providers identified in subdivision (a), the following procedures shall apply: (1) Notwithstanding subdivision (a) of Section 1596.603, the provider shall submit the fingerprints and Trustline application to the local childcare resource and referral agency established pursuant to Chapter 2 (commencing with Section 10217) of Part 1.8 of Division 9 of the Welfare and Institutions Code. The local childcare resource and referral agency shall transmit the fingerprints and completed Trustline applications to the department and address any local problems that occur in the registration system. If a fee is charged by the local childcare resource and referral agency that takes a provider’s fingerprints, the provider shall be reimbursed for this charge by the department, through the local childcare resource and referral agency, from federal Child Care and Development Block Grant funds to the extent that those funds are available. (2) The department shall adhere to the requirements of Sections 1596.603, 1596.605, 1596.606, and 1596.607 and shall notify the California Child Care Resource and Referral Network of any action it takes pursuant to Sections 1596.605, 1596.606, and 1596.607. (3) The California Child Care Resource and Referral Network shall notify the applicable local childcare resource and referral agencies, alternative payment programs, and county welfare departments of the status of the Trustline applicants and registered Trustline childcare providers. The network shall maintain a toll-free telephone line to provide information to the local resource and referral agencies, the alternative payment programs, and the childcare recipients of the status of providers. (c) This section shall become operative only if funds appropriated for the purposes of this article from Item 6110-196-890 of Section 2 of the Budget Act of 1991 are incorporated into and approved as part of the state plan that is required pursuant to Section 658(E)(a) of the federal Child Care Block Grant Act of 1990 (Sec. 5082, P.L. 101-508). (Amended by Stats. 2021, Ch. 116, Sec. 243. (AB 131) Effective July 23, 2021. Section conditionally operative by its own provisions.)
  181. 1596.67.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    Certain childcare providers paid under Stage 1 of the CalWORKs Child Care Program must register through Trustline to keep receiving payment, with a narrow family-member exception.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.67. (a) To the extent permitted by federal law, each childcare provider, as defined by Section 1596.60, who receives compensation, in whole or in part, under Stage 1 of the CalWORKs Child Care Program pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code, for providing childcare for a recipient or former recipient, except a provider who is, by marriage, blood, or court decree, the grandparent, aunt, or uncle of the child in care, shall be registered pursuant to Sections 1596.603 and 1596.605 in order to be eligible to receive this compensation. Active Trustline registration is required for providers who receive compensation under Stage 1 of the CalWORKs Child Care Program pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code, for providing childcare for a recipient or former recipient only to the extent permitted by that law and the regulations adopted pursuant thereto. This section applies only to a license-exempt childcare provider, as defined by Section 1596.60, who registers for payment under Stage 1 of the CalWORKs Child Care Program pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code, for providing childcare for a recipient or former recipient after the implementation of the Trustline registration system in those programs. A provider, as defined by Section 1596.60, who was exempted from Trustline registration because the provider was not compensated, in whole or in part, with funds provided under Stage 1 of the CalWORKs Child Care Program pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code, for providing childcare for a recipient or former recipient shall be registered, at no cost to the provider, pursuant to Sections 1596.603 and 1596.605 when either of the following occur: (1) The provider begins to provide childcare to an eligible family for which the provider has not provided care. (2) The provider begins to provide childcare to an eligible family subsequent to a lapse in providing care that is compensated under Stage 1 of the CalWORKs Child Care Program pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code, for providing childcare for a recipient or former recipient. (b) Payment provided pursuant to subdivision (a) shall cease if the provider has a criminal conviction for which the department has not granted a criminal record exemption pursuant to subdivision (f) of Section 1596.871. (c) Subdivision (a) shall not be implemented unless funding for Trustline registration is appropriated to the department for this purpose in the annual Budget Act or in other legislation. The department shall enter into a contract with the California Child Care Resource and Referral Network to administer the Trustline as it relates to providers who are compensated under Stage 1 of the CalWORKs Child Care Program pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code, for providing childcare for a recipient or former recipient. (Amended by Stats. 2021, Ch. 116, Sec. 244. (AB 131) Effective July 23, 2021.)
  182. 1596.671.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    Some license-exempt childcare providers receiving compensation under the Emergency Child Care Bridge Program must register, and the registration must be free to the provider.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.671. (a) To the extent required by federal law, each license-exempt childcare provider, as defined in Section 1596.60, who receives compensation, in whole or in part, under the Emergency Child Care Bridge Program for Foster Children established pursuant to Section 11461.6 of the Welfare and Institutions Code, shall be registered pursuant to Sections 1596.603 and 1596.605. Registration shall be at no cost to the provider, and payment of the cost shall be consistent with county policies and procedures for payment of the cost for childcare providers who receive compensation under Stage 1 of the CalWORKs Child Care Program and who register with Trustline pursuant to Section 1596.67. (b) Payment provided to a license-exempt childcare provider pursuant to Section 11461.6 of the Welfare and Institutions Code shall cease if the provider has a criminal conviction for which the department has not granted a criminal record exemption pursuant to subdivision (f) of Section 1596.871. (c) Subdivision (a) shall not be implemented unless funding for Trustline registration is appropriated to the department for this purpose in the annual Budget Act or in other legislation. (Added by Stats. 2019, Ch. 27, Sec. 11. (SB 80) Effective June 27, 2019.)
  183. 1596.68.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. )

    Verify source ↗

    This section sets the chapter’s operative date and lets the department adopt regulations to implement it, including emergency regulations with a 180-day limit.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.35. Child Care Provider Registration [1596.60 - 1596.68] ( Chapter 3.35 added by Stats. 1997, Ch. 843, Sec. 4. ) ## 1596.68. (a) This chapter shall be operative on July 1, 1998. (b) (1) Before, on, or after July 1, 1998, the department may adopt regulations to implement this chapter. (2) The initial adoption of any emergency regulations for purposes of this chapter following January 1, 1998, shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. Emergency regulations adopted pursuant to this subdivision shall remain in effect for no more than 180 days. (Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Note: This section prescribes a delayed operative date (July 1, 1998) for Chapter 3.35, commencing with Section 1596.60.)
  184. 1596.70.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    This section says this chapter and related chapters may be cited as the California Child Day Care Facilities Act.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.70. This chapter and Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with 1597.30) may be cited as the California Child Day Care Facilities Act. (Amended by Stats. 1985, Ch. 1064, Sec. 4.)
  185. 1596.71.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    This chapter applies to Chapters 3.5, 3.6, and 3.65.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.71. This chapter applies to Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with Section 1597.30). This chapter also applies to Chapter 3.65 (commencing with Section 1597.70). (Amended by Stats. 1994, Ch. 690, Sec. 1. Effective January 1, 1995.)
  186. 1596.72.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The Legislature states findings and intent about creating a comprehensive childcare licensing system for child daycare facilities.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.72. The Legislature finds all of the following: (a) That child daycare facilities can contribute positively to a child’s emotional, cognitive, and educational development. (b) That it is the intent of this state to provide a comprehensive, quality system for licensing child daycare facilities to ensure a quality childcare environment. (c) That this system of licensure requires a special understanding of the unique characteristics and needs of the children served by child daycare facilities. (d) That it is the intent of the Legislature to establish within the State Department of Social Services an organizational structure to separate licensing of child daycare facilities from those facility types administered under Chapter 3 (commencing with Section 1500). (e) That good quality childcare services are an essential service for working parents. (f) California has a tremendous shortage of regulated childcare, and only a small fraction of families who need childcare have it. Parents should be able to support their families without having to sacrifice their child’s well-being. (g) With childcare, families have more options for jobs and education to improve their prospects. Good, affordable childcare gives children a strong start and creates opportunities for families and communities. (Amended by Stats. 2019, Ch. 244, Sec. 1. (SB 234) Effective January 1, 2020.)
  187. 1596.73.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    This section states the purposes of the California Child Day Care Act, including improving childcare licensing administration, supporting licensing staff, helping providers understand requirements, and promoting licensed childcare.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.73. The purposes of this act are to: (a) Streamline the administration of childcare licensing and thereby increase the efficiency and effectiveness of this system. (b) Encourage the development of licensing staff with knowledge and understanding of children and childcare needs. (c) Provide providers of childcare with technical assistance about licensing requirements. (d) Enhance consumer awareness of licensing requirements and the benefits of licensed childcare. (e) Recognize that affordable, quality licensed childcare is critical to the well-being of parents and children in this state. (f) Promote the development and expansion of regulated childcare. (Amended by Stats. 2019, Ch. 244, Sec. 2. (SB 234) Effective January 1, 2020.)
  188. 1596.74.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

    Verify source ↗

    The definitions in this chapter control how this chapter and related Chapters 3.5 and 3.6 are interpreted, unless context requires otherwise.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.74. Unless the context otherwise requires, the definitions contained in this chapter govern the construction of this chapter and Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with Section 1597.30). (Added by Stats. 1984, Ch. 1615, Sec. 9.)
  189. 1596.75.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    This section defines “child” as a person under 18 who is being cared for and supervised in a child day care facility, unless the act says otherwise.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.75. “Child” means a person who is under 18 years of age who is being provided care and supervision in a child day care facility, except where otherwise specified in this act. (Added by Stats. 1984, Ch. 1615, Sec. 9.)
  190. 1596.750.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    This section defines “child day care facility” as a facility providing nonmedical care to children under 18 who need personal services, supervision, or assistance for daily living or protection.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.750. “Child day care facility” means a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facility includes day care centers, employer-sponsored child care centers, and family day care homes. (Amended by Stats. 1994, Ch. 690, Sec. 2. Effective January 1, 1995.)
  191. 1596.76.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    This section defines “day care center” for the Child Day Care Act.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.76. “Day care center” means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and schoolage child care centers, and includes child care centers licensed pursuant to Section 1596.951. (Amended by Stats. 2018, Ch. 574, Sec. 1. (AB 605) Effective January 1, 2019.)
  192. 1596.77.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    “Department” means the State Department of Social Services.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.77. “Department” means the State Department of Social Services. (Added by Stats. 1984, Ch. 1615, Sec. 9.)
  193. 1596.770.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    This section defines “Director” as the Director of Social Services.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.770. “Director” means the Director of Social Services. (Added by Stats. 1984, Ch. 1615, Sec. 9.)
  194. 1596.771.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    This section defines “employer-sponsored child care center.”

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.771. “Employer-sponsored child care center” means any child day care facility at the employer’s site of business operated directly or through a provider contract by any person or entity having one or more employees, and available exclusively for the care of children of that employer, and of the officers, managers, and employees of that employer. (Added by Stats. 1994, Ch. 690, Sec. 3. Effective January 1, 1995.)
  195. 1596.773.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    This section defines “probation” and “revocation” for licensed child day care facilities.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.773. (a) “Probation” means the period of time that a licensed child day care facility is required to comply with specific terms and conditions set forth by the department in order to stay or postpone the revocation of the facility’s license. (b) “Revocation” means an administrative action taken by the department to void or rescind the license of a child day care facility because of serious or chronic violations of licensing laws or regulations by the facility. (Added by Stats. 2004, Ch. 358, Sec. 3. Effective January 1, 2005.)
  196. 1596.775.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    This section states legislative findings about a shortage of child care for schoolage children and the results of a pilot program allowing family day care homes to care for two additional children.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.775. The Legislature finds and declares all of the following: (a) There is a severe shortage of child care for schoolage children throughout California, with many schoolage children going home to an empty, unsupervised setting after school. (b) For nearly five years several counties have participated in a pilot program that allows for a family day care home to care for two additional children above the current number allowed pursuant to licensing regulations. (c) As part of the pilot program, a study was conducted by the Assembly Office of Research. The results of the study demonstrated that the pilot program achieved all of the following results: (1) Increased access to care for schoolage children. (2) Participating providers encountered few problems and strongly support expansion of the program. (3) Parents of children in the pilot program family day care homes strongly support the program. (4) Participating providers with additional children were no more likely to receive substantiated complaints from licensing officials than nonparticipants. (5) Local governments and planning officials saw little or no impact on their licensing policies and procedures. (6) Overall quality of care was not adversely affected. (Added by Stats. 1996, Ch. 18, Sec. 1. Effective January 1, 1997.)
  197. 1596.78.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    This section defines family daycare homes and distinguishes large and small family daycare homes by the number of children they care for.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.78. (a) “Family daycare home” means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home. (b) “Large family daycare home” means a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Section 1597.465 and as defined in regulations. (c) “Small family daycare home” means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Section 1597.44 and as defined in regulations. (d) A small family daycare home or large family daycare home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned. (Amended by Stats. 2019, Ch. 244, Sec. 3. (SB 234) Effective January 1, 2020.)
  198. 1596.785.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    Defines “nonminor student” and says “child,” “children,” or “minor” may also include certain nonminor students in this chapter and Chapter 3.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.785. “Nonminor student” means a person 18 years of age or older who qualifies as an individual with exceptional needs, as defined in Section 56026 of the Education Code, and who qualifies for services from a regional center for persons with developmental disabilities, as a person with a developmental disability as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code. The terms “child,” “children,” or “minor,” as used in this chapter or Chapter 3.5 (commencing with Section 1596.90), may also include a nonminor student enrolled or retained at a schoolage child care center. (Added by Stats. 2011, Ch. 471, Sec. 1. (SB 309) Effective January 1, 2012.)
  199. 1596.79.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    This section defines “person” to include individuals, business entities, and certain governmental entities.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.79. “Person” means an individual, partnership, association, corporation, limited liability company, or governmental entity, such as the state, a county, city, special district, school district, community college district, chartered city, or chartered city and county. (Amended by Stats. 1994, Ch. 1010, Sec. 155. Effective January 1, 1995.)
  200. 1596.790.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. )

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    “Planning agency” means the agency designated under Government Code Section 65100.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.4. California Child Day Care Act [1596.70 - 1596.895] ( Chapter 3.4 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## ARTICLE 1. General Provisions and Definitions [1596.70 - 1596.7996] ( Article 1 added by Stats. 1984, Ch. 1615, Sec. 9. ) ## 1596.790. “Planning agency” means the agency designated pursuant to Section 65100 of the Government Code. (Added by Stats. 1984, Ch. 1615, Sec. 9.)

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