California Administrative Code

Governing body means the person, persons, board of trustees, directors or other body in whom the authority and responsibility is vested for conduct of the facility. In the case of a facility operated by a governmental agency, the governing body may be the County Board of Supervis…

Sanction means a penalty imposed against a psychiatric health facility for noncompliance with regulations and laws pertaining to psychiatric health facilities. Sanctions may include: (a) Cease and desist orders. (b) Monetary penalties. (c) License suspension. (d) License revocati…

(a) Supervision means the instruction of employees or subordinates in the manner of carrying out their duties and overseeing or directing of their work. (b) Direct supervision means that the supervisor shall be present in the same building as the person being supervised and avail…

Treatment restraint means the use of a restraining device during medically prescribed treatment or diagnostic procedures such as, but not limited to, intravenous therapy, tube feeding or catheterization.

Unit patient health record means a patient's health record that contains, in one file, all records of inpatient and outpatient care and treatment rendered to a patient by the facility.

(a) A signed application for a new license shall be submitted to the State Department of Health Care Services whenever any of the following circumstances occur: (1) Establishment of a facility. (2) Change in the entity that operates, conducts, maintains, or manages the facility. …

(a) Whenever an application is submitted pursuant to Sections 77037 or 77070: (1) The Department shall inform the applicant, within 30 calendar days of receipt of an application for a license or special permit, that the application is complete and accepted for filing, or that the…

The facility may provide services to patients either directly or by written agreement with outside resources as specified in Section 77109.

(a) The facility shall have a clinical director who shall be a licensed mental health professional and qualified in accordance with Section 77093 of these regulations. (b) The clinical director may also serve as the administrator. (c) The clinical director shall designate a clini…

(a) Psychiatric services shall be provided by licensed physicians with training and/or experience in psychiatry. (b) Psychological services shall be provided by clinical psychologists in accordance with Business and Professions Code, Section 2903 and Health and Safety Code, Secti…

(a) Psychiatric nursing services shall be designed to meet the objectives of each patient's interdisciplinary treatment plan. (b) Policies and procedures for the administration of medications shall be implemented by the psychiatric nursing service. (c) Nursing services shall incl…

(a) An application for a special permit for structured outpatient services shall include all of the following: (1) The identification of a structured outpatient services coordinator. (2) A written policy that the facility will have staffing based on census consistent with Section…

(a) Prior to or at the time of discharge, each patient shall be evaluated concerning the patient's need for aftercare services with the result of that evaluation noted in the patient's health record. (b) Aftercare services are those services to, and on behalf of, a patient follow…

(a) No drugs shall be administered except upon the order of a person lawfully authorized to prescribe for and treat human illness. (b) All drug orders shall be written, dated, timed and signed by the person lawfully authorized to give such an order. The name, quantity or specific…

(a) Each facility shall have an administrator who has primary responsibility for business and support services for the clinical program. (b) The administrator shall have direct access to the clinical director for the purpose of communicating the status of business and support ser…

(a) Drugs listed in Schedules II, III and IV of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, Title 21, United States Code, Section 801 et seq. shall not be accessible to other than licensed nursing, pharmacy and medical personnel designated by the lice…

(a) The organized clinical staff shall be composed of all licensed mental health professionals as included in Section 77012 or other licensed practitioners who have admitting and/or treatment privileges in the facility and shall be responsible for the following: (1) A formal peer…

(a) No facility that receives any financial assistance from the State of California shall discriminate against or deny admission to any person, otherwise qualified, based on sex, age, race, color, religion, ancestry or national origin, or physical or mental handicap. Facility pol…

(a) Written administrative policies and procedures for services provided shall be developed and implemented by appropriate staff members. These policies and procedures shall be reviewed and approved at least annually by the clinical director and administrator. (b) The facility sh…

(a) Each facility shall adopt and implement written personnel policies concerning qualifications, responsibilities and conditions of employment for each classification employed which shall be available to all personnel. Such policies shall include but not be limited to: (1) Hours…

(a) Reportable communicable diseases: (1) Persons with a communicable disease that is required to be reported by Title 17, California Code of Regulations, Section 2500, shall not be admitted to the facility. (2) A patient who after admission is diagnosed as having a reportable co…

(a) Unusual occurrences shall be reported by the facility, within 24 hours, either by telephone with written confirmation, or by telegraph to the county mental health director and the Department. (b) An unusual occurrence report shall be retained on file by the facility for three…

(a) The hearing officer's primary function shall be to determine either, or both, of the following. Whether the: (1) Adverse determination being appealed violates the provisions of the Area Plan, department or area agency policies, contract, or grant terms, rules, laws, regulatio…

(a) The hearing officer(s) shall prepare a written proposed decision which shall include findings of fact and conclusions based thereon and a recommended proposed decision to the Director. The proposed decision shall be forwarded to the Director within 10 calendar days from the c…

Words shall have their usual meaning unless the context or a definition clearly indicates a different meaning. Words used in the present tense include the future; words in the singular number include the plural number; words in the plural number include the singular number. Shall…

“Administrator” means the person having responsibility for the operation of an adult day health center.

“Individualized plan of care” means a written plan of treatment and services provided to a participant of an adult day health center in accordance with the documented assessed needs of the participant.

“Legal guardian” means a person appointed by a court to care for another person or that person's property, or both.

“Licensed capacity” means the maximum number of participants authorized to receive services at any one time in an adult day health center as specified on the license.

“Licensee” means a corporation, company, or partnership, or a city or county government within the State, to whom an adult day health center license has been issued.

“Registered nurse” means a person licensed as such by the California Board of Registered Nursing.

Social worker means a person who: (a) Is licensed as a clinical social worker by the Board of Behavioral Sciences; or (b) Holds a Master of Social Work degree from a school of social work accredited by the Council on Social Work Education; or (c) Holds a master's degree in psycho…

“Social work aide” means a person who has a high school education and who receives on-the-job training and supervision from a social worker or social work assistant.

(a) The license shall not be transferable. The licensee shall notify the Department in writing at least 30 days prior to the effective date of any change of ownership. A new application for license shall be submitted by the prospective new owner. (b) The Department may approve a …

(a) All food shall be of good quality. (b) Prepared foods shall be approved by appropriate federal, state and local authorities. (c) Food in unlabeled, rusty, leaking, broken containers or cans with side seam dents, rim dents or swells shall not be accepted, retained or used. (d)…

(a) Kitchens and kitchen areas shall be kept clean, free from litter and rubbish and protected from rodents, roaches, flies and other vermin. (b) Utensils, counters, shelves and equipment shall be kept clean and maintained in good repair. (c) Plastic ware, china and glassware tha…

(a) A dietitian shall be employed on a consulting basis. Part-time or consultant services shall be provided on the premises at appropriate times on a regularly scheduled basis. A written record of the frequency, nature and duration of the consultant's visits shall be maintained. …

(a) The adult day health center shall provide social services to assist participants and their families to solve medical social problems that arise as a result of the participant's disability. (b) An unlicensed social worker shall only provide those social work services for which…

(a) The adult day health center shall provide an activity program that is supervised and directed by an activity coordinator to meet the needs and interests of each participant. The activity program shall assist the participant to resume self-care and normal activities or to prev…

(a) Program aides shall be employed in a sufficient number to meet the needs of the participants and the staffing requirements of the Department. Program aides shall be qualified by education and training and experience to perform the duties assigned and meet the needs of the pro…

No adult day health center shall assume responsibility for the funds of its participants.

(a) Each center shall have a plan for a disaster occurring within the center, or a local disaster occurring in the community. (b) The plan shall be in writing and shall include: (1) Designation of administrative authority and employee assignments. (2) Plan for evacuation or reloc…

Family therapy means individual counseling, group counseling, conjoint counseling or other appropriate activities provided for consenting family members and/or consenting significant others.

(a) Each adult day health center shall be inspected by the Department at least annually. (b) Each adult day health center shall be subject to inspection at any time by the Department. (c) Reports on results of each inspection shall be retained by the Department and open to public…

Individual recovery plan means a written plan of intervention and action based on a comprehensive assessment of the patient's physical, mental and social needs. It identifies patient needs and goals. It sets time limited objectives which are measurable and observable. The individ…

Life experience means involvement with and/or successful recovery from chemical dependency.

Medication means any chemical compound, remedy or noninfectious biological substance, the action of which is not solely mechanical, which may be administered to patients by any route as an aid in the diagnosis, treatment or prevention of disease or other abnormal condition, for r…

(a) Supervision means to instruct employees or subordinates in their duties and to oversee or direct their work, but does not necessarily require the immediate presence of the supervisor. (b) Direct supervision means that the supervisor shall be present in the same building as th…

(a) A verified application for a new license shall be submitted to the Department whenever either of the following circumstances occur: (1) Establishment of a hospital. (2) Change of ownership. (b) The licensee shall submit a verified application for a corrected license to the De…