SECTIONS 1569.30-1569.38 - California Statutes

HEALTH AND SAFETY CODE

SECTION 1569.30-1569.38

1569.30. (a) The department shall adopt, 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, reasonable rules,
regulations, and standards as may be necessary or proper to carry out
the purposes and intent of this chapter and to enable the department
to exercise the powers and perform the duties conferred upon it by
this chapter, not inconsistent with any statute of this state.
(b) The regulations governing residential facilities for the
elderly under the Community Care Facilities Act (Chapter 3
(commencing with Section 1500)) shall continue to govern residential
care facilities for the elderly under this act until amended or
repealed.

1569.31. The regulations for a license shall prescribe standards of
safety and sanitation for the physical plant and standards for basic
care and supervision, personal care, and services to be provided.
The department's regulations shall allow for the development of
new and innovative community programs.
In adopting regulations which implement this chapter, the
department shall provide flexibility to allow facilities conducted by
and exclusively for adherents of a well-recognized church or
religious denomination who rely solely on prayer or spiritual means
for healing to operate a licensed residential care facility for the
elderly.

1569.312. Every facility required to be licensed under this chapter
shall provide at least the following basic services:
(a) Care and supervision as defined in Section 1569.2.
(b) Assistance with instrumental activities of daily living in the
combinations which meet the needs of residents.
(c) Helping residents gain access to appropriate supportive
services, as defined, in the community.
(d) Being aware of the resident's general whereabouts, although
the resident may travel independently in the community.
(e) Monitoring the activities of the residents while they are
under the supervision of the facility to ensure their general health,
safety, and well-being.
(f) Encouraging the residents to maintain and develop their
maximum functional ability through participation in planned
activities.

1569.313. Each residential care facility for the elderly shall
state, on its client information form or admission agreement, and on
its patient's rights form, the facility's policy concerning family
visits and other communication with resident clients and shall
promptly post notice of its visiting policy at a location in the
facility that is accessible to residents and families.
The facility's policy concerning family visits and communication
shall be designed to encourage regular family involvement with the
resident client and shall provide ample opportunities for family
participation in activities at the facility.

1569.314. A residential care facility for the elderly shall not
require residents to purchase medications, or rent or purchase
medical supplies or equipment, from any particular pharmacy or other
source.
This section shall not preclude a residential care facility for
the elderly from requiring that residents who need assistance with
the purchasing, storing, or taking of medications comply with the
facility's policies and procedures regarding storage of medications
and methods of assisting residents with the taking of medications, if
the policies and procedures are reasonably necessary and meet the
intent of state or federal regulations.

1569.315. Each residential care facility for the elderly required
to be licensed pursuant to this chapter shall keep a current record
of clients in the facility, including the client's name and
ambulatory status, and the name, address, and telephone number of the
client's physician and of any person or agency responsible for the
care of the client. The facility shall protect the privacy and
confidentiality of this information.

1569.315. Each facility required to be licensed shall keep a
current record of all of the following:
(a) Clients in the facility, including each client's name and
ambulatory status.
(b) The name and telephone number of each client's physician.
(c) The name, address, and telephone number of any person or
agency responsible for the care of a client.
The facility shall respect the privacy and confidentiality of this
information.

1569.316. (a) The referring agency or facility, or its designee,
shall provide to the administrator all information in its possession
concerning any history of dangerous propensity of the client prior to
the placement in the residential care facility for the elderly.
However, no confidential client information shall be released
pursuant to this section without the consent of the client or his or
her authorized representative.
(b) In determining a person's compatibility, the licensee shall
consider criteria that includes, but is not limited to, both of the
following:
(1) The extent to which the person's personal and health care
needs can be adequately met in the residential care facility for the
elderly.
(2) The existence of a past history of violence or mental illness
that would create a risk for the person or other residents of that
facility.

1569.32. Any duly authorized officer, employee, or agent of the
department may, upon presentation of proper identification, enter and
inspect any place providing personal care, supervision, and services
at any time, with or without advance notice, to secure compliance
with, or to prevent a violation of, this chapter.

1569.33. (a) Every licensed residential care facility for the
elderly shall be subject to unannounced visits by the department. The
department shall visit these facilities as often as necessary to
ensure the quality of care provided.
(b) The department shall conduct an annual unannounced visit of a
facility under any of the following circumstances:
(1) When a license is on probation.
(2) When the terms of agreement in a facility compliance plan
require an annual evaluation.
(3) When an accusation against a licensee is pending.
(4) When a facility requires an annual visit as a condition of
receiving federal financial participation.
(5) In order to verify that a person who has been ordered out of
the facility for the elderly by the department is no longer at the
facility.
(c) (1) The department shall conduct annual unannounced visits to
no less than 20 percent of facilities not subject to an evaluation
under subdivision (b). These unannounced visits shall be conducted
based on a random sampling methodology developed by the department.
(2) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by 10 percent of the
facilities not subject to an evaluation under subdivision (b). The
department may request additional resources to increase the random
sample by 10 percent.
(d) Under no circumstance shall the department visit a residential
care facility for the elderly less often than once every five years.
(e) The department shall notify the residential care facility for
the elderly in writing of all deficiencies in its compliance with the
provisions of 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.
(f) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.
(g) As a part of the department's evaluation process, the
department shall review the plan of operation, training logs, and
marketing materials of any residential care facility for the elderly
that advertises or promotes special care, special programming, or a
special environment for persons with dementia to monitor compliance
with Sections 1569.626 and 1569.627.

1569.335. The department shall notify affected placement agencies
and the Office of the State Long-Term Care Ombudsman, as defined in
subdivision (c) of Section 9701 of the Welfare and Institutions Code,
whenever the department substantiates that a violation has occurred
which 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. If
the violation is appealed by the facility within 10 days, the
department shall only notify placement agencies of the violation when
the appeal has been exhausted. If the appeal process has not been
completed within 60 days, the placement agency shall be notified with
a notation which indicates that the case is still under appeal. 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.

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.

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.

1569.35. (a) Any person may request an inspection of any
residential care facility for the elderly in accordance with this
chapter by transmitting to the department notice of an alleged
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) 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.
(d) Upon receipt of a complaint alleging denial of a statutory
right of access to a residential facility for the elderly, the
department shall review the complaint. The complainant shall be
notified promptly of the department's proposed course of action.

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.

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.

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.

1569.37. No licensee shall discriminate or retaliate in any manner
against any person receiving the services of such 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 an inspection pursuant to Section 1569.35.

1569.38. 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.