California Administrative Code

(a) Persons who require health services for or have a health condition including, but not limited to, those specified below shall not be admitted or retained in a residential care facility for the elderly: (1) Stage 3 and 4 pressure injuries. (2) Gastrostomy tubes. (3) Naso-gastr…

(a) As specified in Section 87209, Program Flexibility, the licensee may submit a written exception request if he/she agrees that the resident has a prohibited and/or restrictive health condition but believes that the intent of the law can be met through alternative means. (b) Wr…

(a) Except as specified in Section 87611(a), the licensee shall be permitted to accept or retain a resident who requires the use of oxygen gas administration under the following circumstances: (1) If the resident is mentally and physically capable of operating the equipment, is a…

(a) The licensee shall be permitted to accept or retain a resident who requires the use of an indwelling catheter under the following circumstances: (1) If the resident is physically and mentally capable of caring for all aspects of the condition except insertion and irrigation. …

(a) If a resident has a health condition which cannot be cared for within the limits of the license, requires inpatient care in a health facility, or has a health condition prohibited by Section 87455(c) or Section 87615, Prohibited Health Conditions, the Department shall order t…

(a) A resident, or the resident's responsible person, if any, shall be permitted to request a review and determination of the Department's health condition relocation order by the interdisciplinary team. (1) If the resident has no responsible person, as defined in Section 87101, …

(a) The licensee shall be permitted to accept or retain a resident who has a manageable bowel and/or bladder incontinence condition under the following circumstances: (1) The condition can be managed with any of the following: (A) Self care by the resident. (B) A structured bowel…

(a) The licensee shall be permitted to accept or retain a resident who requires intramuscular, subcutaneous, or intradermal injections if the injections are administered by the resident or by an appropriately skilled professional. (b) In addition to Section 87611, General Require…

(a) Any duly authorized officer, employee or agent of the licensing agency may, upon proper identification and upon stating the purpose of his/her visit, enter and inspect the entire premises of any place providing services at any time, with or without advance notice. (b) The lic…

(a) Every residential care facility for the elderly shall be evaluated as specified in Health and Safety Code Section 1569.33. (b) Any number of other visits may be made to a facility for various purposes as determined to be necessary by the licensing agency to determine complian…

(a) A follow-up visit shall be conducted 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 of deficiency. No penalty shall be asses…

(a) The Department may order a suspension of new admissions for a facility, as specified in Health and Safety Code Section 1569.545, in either of the following circumstances: (1) When a facility is cited for a deficiency that presents a direct and immediate risk to the health, sa…

(a) The licensee shall be responsible for paying civil penalties. (1) Unless otherwise provided, the transfer, surrender, forfeiture or revocation of a license shall not affect the licensee's responsibility for paying any civil penalties accrued while the license was in effect. (…

(a) The Department may deny a request for approval of a Continuing Education Training Program in accordance with Health and Safety Code section 1569.616(i)(1). The Department shall provide the applicant with a written notice of the denial. (b) The vendor applicant may appeal the …

(a) A penalty of $50 per day, per cited violation, shall be assessed for all deficiencies that are not corrected as specified in the notice of deficiency. (b) Unless otherwise ordered by the Department, all penalties are due and payable upon receipt of notice of payment, and shal…

(a) The Department will notify a licensee to act immediately to terminate the employment of, remove from the facility or bar from entering the facility any person described in Sections 87819.1(a)(1) through (5) below while the Department considers granting or denying an exemption…

(a) Upon written application from the licensee, the Department shall have the authority to issue a single license for separate buildings which might otherwise require separate licenses, provided that all of the following requirements are met: (1) Separate buildings or portions of…

(a) No licensee, officer, or employee of a licensee shall make or disseminate any false or misleading statement regarding the facility or any of the services provided by the facility. (b) No licensee, officer, or employee of a licensee shall alter a license, or disseminate an alt…

(a) Any adult shall be permitted to apply for a license regardless of age, sex, race, religion, color, political affiliation, national origin, disability, marital status, actual or perceived sexual orientation, or ancestry. (b) Prior to filing an application, the applicant shall …

(a) All facilities shall secure and maintain a fire clearance approved by the city or county fire department, the district providing fire protection services, or the State Fire Marshal. (1) The Department shall maintain a copy of the request and the fire clearance report in the f…

(a) Each licensee shall maintain on file a current, written plan of operation. (b) The plan and related materials shall contain the following: (1) Statement of purposes, and program methods and goals. (2) Statement of admission policies and procedures regarding acceptance of resi…

(a) Unless prior written approval is granted by the Department, as specified in (b) below, all licensees shall maintain continuous compliance with licensing regulations. (b) The Department shall have the authority to approve the use of alternate concepts, programs, services, proc…

(a) The licensee shall submit an affidavit, on a form (Surety Bond -- LIC 402 (1/87)) provided by the Department, stating whether he/she safeguards or will safeguard cash resources of residents and the maximum amount of cash resources to be safeguarded for all residents or each r…

(a) There shall be at least one staff person at the facility at all times who is able to read, write, speak and understand English. (b) Facility personnel shall be competent to provide the services necessary to meet individual resident needs and shall, at all times, be employed i…

(a) Within 90 days of the date that a completed application, as defined in Section 87801(c)(6), has been received, the Department shall give written notice to the applicant of one of the following: (1) The application has been approved. (2) The application has been denied. (A) Th…

(a) The facility license shall be forfeited when the licensee: (1) Sells or otherwise transfers the facility or facility property, except when change of ownership applies to transferring of stock when the facility is owned by a corporation, and when such transfer of stock does no…

(a) All facilities shall be evaluated periodically and inspected by the Department to determine compliance with applicable laws and regulations. (b) The Department shall have the authority to conduct evaluations and inspections at least once per year or more often if deemed neces…

(a) The Department shall have the authority to suspend or revoke any license under any of the following conditions: (1) Violation by the licensee of any of the provisions of Health and Safety Code, Division 2, Chapter 3.01 (commencing with Section 1568.01) or applicable regulatio…

(a) Each licensee/applicant shall have a right, without prejudice, to notify the Department of any alleged misapplication or capricious enforcement of regulations by any licensing representative, or of any differences in opinion between the licensee and any licensing representati…

(a) The Department shall have the authority to conduct an inspection of any licensed residential care facility or residential care facility which has applied to be licensed at any time. (1) The Department shall conduct an inspection of the licensed facility within 90 days after t…

(a) A resident and/or his/her authorized representative may request a review and determination of the Department's Written Notice to Relocate specified in Section 87868.3(b). (1) The resident's right to a review of the Written Notice to Relocate by the Department shall not: (A) N…

(a) All facilities shall have telephone service on the premises. (1) There shall be a telephone available for use by residents which may be a pay telephone.

(a) Only drivers licensed for the type of vehicle operated shall be permitted to transport residents. (b) The manufacturer's rated seating capacity of the vehicles shall not be exceeded. (c) Motor vehicles used to transport residents shall be maintained in a safe operating condit…

(a) The licensee shall ensure that, in addition to the services required in the Resident's Individual Services Plan, each resident's weight shall be taken and documented in the resident's record, as specified in Section 87870: (b) The licensee shall ensure that any resident who h…

(a) The licensee shall be permitted to accept or retain a resident who requires the use of oxygen administration, under the following circumstances: (1) The resident is mentally and physically capable of operating the equipment, is able to determine his/her need for oxygen, and i…

(a) The licensee shall be permitted to accept or retain a resident who has a colostomy or ileostomy under the following circumstances: (1) The resident is mentally and physically capable of providing all routine care for his/her ostomy, and the physician/surgeon has documented th…

(a) The licensee shall be permitted to accept or retain a resident who requires the use of an indwelling catheter and/or intermittent catheterization under the following circumstances: (1) The resident is physically and mentally capable of caring for all aspects of the condition …

(a) For medications/drugs determined by the Drug Enforcement Administration to be in the categories of “Scheduled or Controlled”, the following shall apply: (1) The licensee shall be responsible for obtaining a list from the pharmacist of the scheduled and/or controlled drugs in …

(a) The licensee shall be permitted to accept or retain a resident who requires PRN medications (as needed medications) including prescription or nonprescription medications under one of the following circumstances: (1) The resident is able to determine his/her own need for the P…

(a) Prescription medications which are not taken with the resident upon termination of placement, or which are not to be retained shall be destroyed by the facility administrator and the facility manager. (1) Both shall sign a record, to be retained for at least three years, whic…

(a) Notwithstanding Section 80008, the licensing agency shall have the authority to issue separate licenses to a single foster family agency to operate its program in various regions of the state as determined by the Department.

(a) Prior to certifying a home, the foster family agency shall ensure that the Department has conducted a Child Abuse Central Index (CACI) review pursuant to Health and Safety Code Section 1522.1 and Penal Code Section 11170(b)(3). The Department shall check the CACI for the appl…

(a) In addition to Section 80022, excluding Sections 80022(b)(7) and (8), the plan of operation shall contain the following: (1) A description of the administrative organization, including the parent organization, if applicable. (2) The location, including street address and mail…

(a) All licensed foster family agencies shall accept applications from adult applicants, evaluate applicants for certification, or decertify homes, on a nondiscriminatory basis without regard to age, sex, race, religion, color, political affiliation, national origin, disability, …

(a) In addition to Section 80065, excluding Sections 80065(e), (f) and (j), the following shall apply: (1) No foster family agency administrator, supervisor, social worker or Board of Director(s) member shall be a certified parent of the foster family agency with which he/she is …

(a) The foster family agency shall employ, for treatment agencies, one full-time social worker for every 15 children or fraction thereof in placement. (b) The foster family agency shall employ, for nontreatment agencies, one full-time social worker for every 25 children or fracti…

(a) In addition to Section 80066, the following shall apply: (1) The foster family agency shall maintain the following personnel records: (A) Documentation that the foster family agency personnel has completed the required training. (B) Documentation that the foster family agency…

(a) In addition to Section 80068, the following shall apply: (1) The foster family agency shall complete and maintain current admission agreements with each certified parent(s) or foster family home licensee(s) with whom the child is placed. (A) Agreements shall be dated and sign…

(a) The foster family agency shall develop, maintain and implement intake procedures which meet the requirements specified in this section. (b) The following requirements shall be met within 30 calendar days of the child's placement in the home. (1) The information specified in S…

Public and private adoption agencies shall apply to Department headquarters.