SECTIONS 1569.40-1569.495 - California Statutes

HEALTH AND SAFETY CODE

SECTION 1569.40-1569.495

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

1569.48. A fund may be established to which not more than 50
percent of each penalty assessed pursuant to Section 1569.49 is
transmitted to the department for use by the Community Care Licensing
Division of the department to establish an emergency resident
relocation fund to be utilized for the relocation and care of
residents when a facility's license is revoked or temporarily
suspended, when appropriated by the Legislature. The money in the
fund 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 to the
residents. The department shall seek the advice of providers in
developing a state plan for emergency resident relocation.

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.

1569.49. (a) In addition to the suspension, temporary suspension,
or revocation of a license issued under this chapter, the department
may levy a civil penalty. The department shall adopt regulations
setting forth the appeal procedures for deficiencies.
(b) The amount of the civil penalty shall not be less than
twenty-five dollars ($25) or more than fifty dollars ($50) per day
for each violation of this chapter except where 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 determined by the department. In no event, shall a civil
penalty assessment exceed one hundred fifty dollars ($150) per day
per violation.
(c) Notwithstanding Section 1569.33, the department shall assess
an immediate civil penalty of one hundred fifty dollars ($150) per
day per violation for any of the following serious violations:
(1) (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.
(2) Absence of supervision as required by statute or regulation.
(3) Accessible bodies of water, when prohibited in this chapter or
regulations adopted pursuant to this chapter.
(4) Accessible firearms, ammunition, or both.
(5) Refused entry to a facility or any part of a facility in
violation of Section 1569.32, 1569.33, or 1569.35.
(6) The presence of an excluded person on the premises.
(d) Notwithstanding Section 1569.33, any residential care facility
for the elderly that is cited for repeating the same violation of
this chapter within 12 months of the first violation is subject to an
immediate civil penalty of one hundred fifty dollars ($150) and
fifty dollars ($50) for each day the violation continues until the
deficiency is corrected.
(e) Any residential care facility for the elderly that is assessed
a civil penalty pursuant to subdivision (d) which repeats the same
violation of this chapter within 12 months of the violation subject
to subdivision (d) shall be assessed an immediate civil penalty of
one thousand dollars ($1,000) and one hundred dollars ($100) for each
day the violation continues until the deficiency is corrected.
(f) The department shall adopt regulations implementing this
section.

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.