§ 4090. Standards for residential treatment programs and..., CA WEL & INST § 4090
West's Annotated California Codes
Welfare and Institutions Code (Refs & Annos)
Division 4. Mental Health (Refs & Annos)
Part 1. General Administration, Powers and Duties of the Department (Refs & Annos)
Chapter 3. Facility Licensing, Program Certification, and Ratesetting (Refs & Annos)
Article 4. Social Rehabilitation Facilities and Community Residential Treatment Programs (Refs &
Annos)
West's Ann.Cal.Welf. & Inst.Code § 4090
§ 4090. Standards for residential treatment programs and facilities
Effective: June 27, 2012
Currentness
(a) The State Department of Health Care Services shall establish, by regulation, standards for the programs listed in
Chapter 2.5 (commencing with Section 5670) of Part 2 of Division 5. These standards shall also be applied by the
department to any facility licensed as a social rehabilitation facility pursuant to paragraph (7) of subdivision (a) of
Section 1502 of the Health and Safety Code.
(b) In establishing the standards required by this section, the department shall not establish standards which in themselves
impose any new or increased costs on the programs or facilities affected by the standards.
Credits
(Added by Stats.1991, c. 89 (A.B.1288), § 46, eff. June 30, 1991. Amended by Stats.2012, c. 34 (S.B.1009), § 62, eff. June
27, 2012.)
Editors' Notes
OPERATIVE EFFECT
<For conditions rendering the provisions of Stats.1991, c. 89 (A.B.1288), inoperative “in the event of a
determination by the Commission on State Mandates . . . or a final judicial determination . . . that any
provision of this act is a state-mandated local program requiring state reimbursement to a local agency or
school district within the meaning of Section 6 of Article XIII B of the California Constitution”, see Stats.1991,
c. 89 (A.B.1288), § 209, as amended by Stats.1993, c. 728 (A.B.1728), § 6.>
West's Ann. Cal. Welf. & Inst. Code § 4090, CA WEL & INST § 4090
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 4091. Evaluation and enforcement of standards; delegation, CA WEL & INST § 4091
West's Annotated California Codes
Welfare and Institutions Code (Refs & Annos)
Division 4. Mental Health (Refs & Annos)
Part 1. General Administration, Powers and Duties of the Department (Refs & Annos)
Chapter 3. Facility Licensing, Program Certification, and Ratesetting (Refs & Annos)
Article 4. Social Rehabilitation Facilities and Community Residential Treatment Programs (Refs &
Annos)
West's Ann.Cal.Welf. & Inst.Code § 4091
§ 4091. Evaluation and enforcement of standards; delegation
Effective: June 27, 2012
Currentness
Nothing in Section 4090 limits the authority of the State Department of Health Care Services to delegate the evaluation
and enforcement of the program standards to a county mental health program when a licensed social rehabilitation
facility has a contractual relationship with a county mental health program and the county has requested the delegation.
Credits
(Added by Stats.1991, c. 89 (A.B.1288), § 46, eff. June 30, 1991. Amended by Stats.1991, c. 611 (A.B.1491), § 21, eff. Oct.
7, 1991; Stats.1992, c. 1374 (A.B.14), § 5, eff. Oct. 28, 1992; Stats.2012, c. 34 (S.B.1009), § 63, eff. June 27, 2012.)
Editors' Notes
OPERATIVE EFFECT
<For conditions rendering the provisions of Stats.1991, c. 89 (A.B.1288), inoperative “in the event of a
determination by the Commission on State Mandates . . . or a final judicial determination . . . that any
provision of this act is a state-mandated local program requiring state reimbursement to a local agency or
school district within the meaning of Section 6 of Article XIII B of the California Constitution”, see Stats.1991,
c. 89 (A.B.1288), § 209, as amended by Stats.1993, c. 728 (A.B.1728), § 6.>
West's Ann. Cal. Welf. & Inst. Code § 4091, CA WEL & INST § 4091
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 5670. Legislative intent; residential treatment programs, CA WEL & INST § 5670
West's Annotated California Codes
Welfare and Institutions Code (Refs & Annos)
Division 5. Community Mental Health Services (Refs & Annos)
Part 2. The Bronzan--Mccorquodale Act (Refs & Annos)
Chapter 2.5. Program Initiatives (Refs & Annos)
Article 1. Community Residential Treatment System (Refs & Annos)
West's Ann.Cal.Welf. & Inst.Code § 5670
§ 5670. Legislative intent; residential treatment programs
Currentness
(a) It is the intent of the Legislature to encourage the development of a system of residential treatment programs in
every county which provides a range of alternatives to institutional care based on principles of residential, communitybased treatment.
(b) It is further the intent of the Legislature that community residential mental health programs in the State of California
be developed in accordance with the guidelines and principles set forth in this chapter. To this end, counties may
implement the community residential treatment system described in this chapter either with available county allocations,
or as new moneys become available.
Credits
(Added by Stats.1991, c. 89 (A.B.1288), § 134, eff. June 30, 1991.)
Editors' Notes
OPERATIVE EFFECT
<For conditions rendering the provisions of Stats.1991, c. 89 (A.B.1288), inoperative “in the event of a
determination by the Commission on State Mandates . . . or a final judicial determination . . . that any
provision of this act is a state-mandated local program requiring state reimbursement to a local agency or
school district within the meaning of Section 6 of Article XIII B of the California Constitution”, see Stats.1991,
c. 89 (A.B.1288), § 209, as amended by Stats.1993, c. 728 (A.B.1728), § 6.>
West's Ann. Cal. Welf. & Inst. Code § 5670, CA WEL & INST § 5670
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 5670.5. Residential treatment system; program criteria, CA WEL & INST § 5670.5
West's Annotated California Codes
Welfare and Institutions Code (Refs & Annos)
Division 5. Community Mental Health Services (Refs & Annos)
Part 2. The Bronzan--Mccorquodale Act (Refs & Annos)
Chapter 2.5. Program Initiatives (Refs & Annos)
Article 1. Community Residential Treatment System (Refs & Annos)
West's Ann.Cal.Welf. & Inst.Code § 5670.5
§ 5670.5. Residential treatment system; program criteria
Currentness
Criteria for community residential treatment system programs are as follows:
(a) Facilities:
(1) Settings, whether residential or day, should be as close to a normal home environment as possible without sacrificing
client safety or care.
(2) Residential treatment centers should be relatively small, preferably 15 beds or less, but in any case with the appearance
of a noninstitutional setting.
(3) The individual elements of the system should, where possible, be in separate facilities, and not part of one large facility
attempting to serve an entire range of clients.
(b) Staffing patterns:
(1) Staffing patterns should reflect, to the maximum extent feasible, at all levels, the cultural, linguistic, ethnic, sexual
and other social characteristics of the community the facility serves.
(2) The programs should be designed to use appropriate multidisciplinary professional consultation and staff to meet
the specific diagnostic and treatment needs of the clients.
(3) The programs should use paraprofessionals and persons who have been consumers of mental health services where
appropriate.
(c) Programs:
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1
§ 5670.5. Residential treatment system; program criteria, CA WEL & INST § 5670.5
(1) The programs should, to the maximum extent feasible, be designed so as to reduce the dependence on medications
as a sole treatment tool. Programs in which prescriptions for medication are a component of the program should be
subject to the medications-monitoring.
(2) The programs should have a rehabilitation focus which encourages the client to develop the skills to become
self-sufficient and capable of increasing levels of independent functioning. Where appropriate, they should include
prevocational and vocational programs.
(3) The program should encourage the participation of the clients in the daily operation of the setting in development
of treatment and rehabilitation planning and evaluation.
(4) Participation in any element of the system should not preclude the involvement of clients in individual therapy.
Individual therapists of clients should, where possible, be directly involved in the development and implementation of
a treatment plan, including medication and day program decisions.
(d) Coordination:
The programs should demonstrate specific linkages with one another, and with the general treatment and social service
system, as a whole. These connections should not be limited to the mental health system, but should include, whenever
possible, community resources utilized by the general population.
Credits
(Added by Stats.1991, c. 89 (A.B.1288), § 134, eff. June 30, 1991.)
Editors' Notes
OPERATIVE EFFECT
<For conditions rendering the provisions of Stats.1991, c. 89 (A.B.1288), inoperative “in the event of a
determination by the Commission on State Mandates . . . or a final judicial determination . . . that any
provision of this act is a state-mandated local program requiring state reimbursement to a local agency or
school district within the meaning of Section 6 of Article XIII B of the California Constitution”, see Stats.1991,
c. 89 (A.B.1288), § 209, as amended by Stats.1993, c. 728 (A.B.1728), § 6.>
West's Ann. Cal. Welf. & Inst. Code § 5670.5, CA WEL & INST § 5670.5
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 5671. Residential treatment system; program elements, CA WEL & INST § 5671
West's Annotated California Codes
Welfare and Institutions Code (Refs & Annos)
Division 5. Community Mental Health Services (Refs & Annos)
Part 2. The Bronzan--Mccorquodale Act (Refs & Annos)
Chapter 2.5. Program Initiatives (Refs & Annos)
Article 1. Community Residential Treatment System (Refs & Annos)
West's Ann.Cal.Welf. & Inst.Code § 5671
§ 5671. Residential treatment system; program elements
Currentness
The following should be the programs in the community residential treatment system. These programs should be designed
to provide, at every level, alternatives to institutional settings.
(a) A program for a short-term crisis residential alternative to hospitalization for individuals experiencing an acute
episode or crisis requiring temporary removal from their home environment. The program should be available for
admissions 24 hours a day, seven days a week. The primary focus of this program should be on reduction of the crisis,
on stabilization, and on a diagnostic assessment of the person's existing support system, including recommendations for
referrals upon discharge.
The services in the program should include, but not be limited to, provision for direct family work, connections to
prevocational and vocational programs, and development of a support system, including income and treatment referrals.
This program should be designed for persons who would otherwise be referred to an inpatient unit, either locally or in
the state hospital. This program should place an emphasis on stabilization and appropriate referral for further treatment
or support services, or both.
(b) A long-term residential treatment program, with a full day treatment component as a part of the program, for persons
who may require intensive support for as long as two or three years. This program should be designed to provide a
rehabilitation program for the so-called “chronic” patient who needs long-term support in order to develop independent
living skills. The clients in this program should be those who would otherwise be living marginally in the community
with little or no service support, and who would return many times to the hospital for treatment. It should also serve
those who are referred to, and maintained in, state hospitals or nursing homes because they require long-term, intensive
support. This program should go beyond maintenance to provide an active rehabilitation focus for these individuals.
The services in this program should include, but not be limited to, intensive diagnostic work, including learning disability
assessment, full day treatment program with an active prevocational and vocational component, special education
services, outreach to develop linkages with the general social service system, and counseling to aid clients in developing
the skills to move toward a less structured setting.
(c) A transitional residential program designed for persons who are able to take part in programs in the general
community, but who, without the support of counseling, as well as the therapeutic community, would be at risk of
returning to the hospital. This program may employ a variety of staffing patterns and should be for persons who may be
expected to move toward a more independent living setting within approximately three months to one year. The clients
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1
§ 5671. Residential treatment system; program elements, CA WEL & INST § 5671
should be expected to play a major role in the functioning of the household, and shall be encouraged to accept increasing
levels of responsibility, both in the residential community, and in the community as a whole. Residents should be required
to be involved in daytime activities outside of the house which are relevant to their personal goals and conducive to their
achieving more self-sufficiency.
The services in this program should include, but are not limited to, counseling and ongoing assessment, development of
support systems in the community, a day program which encourages interaction between clients and the community-atlarge, and an activity program that encourages socialization and utilization of general community resources.
(d) A program for semisupervised, independent, but structured living arrangement for persons who do not need the
intensive support of the other system programs, but who, without some support and structure, are at risk to return to
a condition requiring hospitalization. The individual apartments or houses should be shared by three to five persons.
These small cooperative housing units should function as independent households with direct linkages to staff support in
case of emergencies, as well as for regular assessment and evaluation meetings. Individuals may use satellite housing as
a transition to independent living, or may remain in this setting indefinitely in order to avoid the need for more intensive
settings.
This program should be for persons who only need minimum support in order to live in the community. These individuals
may require rent subsidy, as well as the backup of another system, in order to remain in this setting. The satellite units
should be as normative as the general living arrangements in the communities in which they are developed.
(e) A program to provide emergency housing or respite care services, or both. These services should be designed for
persons with a mental disability in need of temporary housing, but who do not require hospitalization or the more
intensive support and treatment of the crisis residential program. Services provided should include, but not be limited
to, advocacy, counseling, and linkages to community mental health and other human services, including referrals to
vocational and housing opportunities.
(f) A day rehabilitation program which should be designed to provide structured education, training, and support services
to promote the development of independent living skills and community support. Services provided should include,
but not be limited to, peer support, education services, prevocational and employment services, recreational and social
activities, service brokerage and advocacy, orientation to community resources, training in independent living skills,
health education including medication education, individual and group counseling, education and counseling services
for family members, and crisis intervention.
(g) The program for socialization centers should be designed to serve a broad range of clients, including those in the
system programs, when appropriate, as well as persons living in the community in general. This program should be
designed to provide regular daytime, evening, and weekend activities for persons who require long-term, structured
support, but who do not receive such services in their living setting. Although the socialization center is meant to provide
a maintenance support program for those individuals who only wish or require regular socialization opportunities, the
programs should also provide the opportunity to develop the skills to move toward more independent functioning.
The services in this program should include, but not be limited to, outings, recreational activities, cultural events, linkages
to community resources, as well as prevocational counseling, life skills training, and other rehabilitation efforts. This
program should be for persons who would lose contact with a social or treatment system, or both, if left to their isolated
living situation, or their ability to participate in activities for the “general public.” With this level of support, persons
would be able to lead full and active lives, with the opportunity to develop the skills to move toward independent
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 5671. Residential treatment system; program elements, CA WEL & INST § 5671
living. Also included in the program should be adult education support programs which utilize community college and
other adult education agencies. These services would provide opportunities to individuals throughout the community
residential treatment system and in other living settings, including independent living, to develop skills necessary for
independent living through the utilization of resources available to the general population.
(h) An in-home treatment program designed as an alternative to out-of-home placement for individuals who are
otherwise not appropriate for, or do not choose to participate in, other elements of the community residential treatment
system. This program should be designed for those individuals who would benefit most from a treatment intervention
in their home environment. It is a basic premise of this element that treatment should focus on the development of
family and other personal and community supports, rather than exclusively on the individual. The goal of the program
should be to reintegrate the individual with the family unit, when appropriate, and with the greater community without
removing the person from his or her home environment.
The service may be designed as a crisis intervention for persons experiencing an acute episode or an ongoing independent
living service, or both, for persons wishing to obtain or maintain housing and services in the community. Services
provided should include, but not be limited to, crisis intervention, family work, when appropriate, development of a
specific treatment plan, development of an ongoing rehabilitation plan utilizing available resources in the community,
and coordination with such services as case management, vocational rehabilitation, schools and other education services,
and various special programs which would act as a support system for the individual.
(i) A volunteer-based companion program designed to encourage the development of personal relationships with
residents of community care facilities with the goal of motivating and assisting residents to make a successful transition
to independent living, or to programs of the community residential treatment system.
The service should be provided primarily by volunteers, including students as a part of a college or university curriculum,
who are supervised and coordinated by trained and experienced personnel. Services provided should include, but not
be limited to, recreation, one-to-one companionship, advocacy, and assistance in developing the knowledge and use of
community resources, including housing and vocational services, and follow up for persons who make the transition to
independent living.
Credits
(Added by Stats.1991, c. 89 (A.B.1288), § 134, eff. June 30, 1991.)
Editors' Notes
OPERATIVE EFFECT
<For conditions rendering the provisions of Stats.1991, c. 89 (A.B.1288), inoperative “in the event of a
determination by the Commission on State Mandates . . . or a final judicial determination . . . that any
provision of this act is a state-mandated local program requiring state reimbursement to a local agency or
school district within the meaning of Section 6 of Article XIII B of the California Constitution”, see Stats.1991,
c. 89 (A.B.1288), § 209, as amended by Stats.1993, c. 728 (A.B.1728), § 6.>
West's Ann. Cal. Welf. & Inst. Code § 5671, CA WEL & INST § 5671
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 5671. Residential treatment system; program elements, CA WEL & INST § 5671
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
4
§ 5671.5. Programs to serve children and adolescents;..., CA WEL & INST §...
West's Annotated California Codes
Welfare and Institutions Code (Refs & Annos)
Division 5. Community Mental Health Services (Refs & Annos)
Part 2. The Bronzan--Mccorquodale Act (Refs & Annos)
Chapter 2.5. Program Initiatives (Refs & Annos)
Article 1. Community Residential Treatment System (Refs & Annos)
West's Ann.Cal.Welf. & Inst.Code § 5671.5
§ 5671.5. Programs to serve children and adolescents; legislative intent; criteria
Currentness
It is the intent of the Legislature that programs serving children and adolescents should be established under this chapter.
Such programs should follow the guidelines and principles set forth in this chapter and in addition should meet the
following criteria unique to the population to be served:
(a) The programs should, to the maximum extent feasible, be designed so as to reduce the disruption and promote the
reintegration of the family unit of which the child is a part.
(b) The programs should have an education focus and should demonstrate specific linkage with community education
resources.
(c) The programs should contain a specific followup component.
Credits
(Added by Stats.1991, c. 89 (A.B.1288), § 134, eff. June 30, 1991.)
Editors' Notes
OPERATIVE EFFECT
<For conditions rendering the provisions of Stats.1991, c. 89 (A.B.1288), inoperative “in the event of a
determination by the Commission on State Mandates . . . or a final judicial determination . . . that any
provision of this act is a state-mandated local program requiring state reimbursement to a local agency or
school district within the meaning of Section 6 of Article XIII B of the California Constitution”, see Stats.1991,
c. 89 (A.B.1288), § 209, as amended by Stats.1993, c. 728 (A.B.1728), § 6.>
West's Ann. Cal. Welf. & Inst. Code § 5671.5, CA WEL & INST § 5671.5
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 5672. Programs to serve children and adolescents;..., CA WEL & INST § 5672
West's Annotated California Codes
Welfare and Institutions Code (Refs & Annos)
Division 5. Community Mental Health Services (Refs & Annos)
Part 2. The Bronzan--Mccorquodale Act (Refs & Annos)
Chapter 2.5. Program Initiatives (Refs & Annos)
Article 1. Community Residential Treatment System (Refs & Annos)
West's Ann.Cal.Welf. & Inst.Code § 5672
§ 5672. Programs to serve children and adolescents; program types; criteria; licensure requirements
Currentness
The types of programs serving children and adolescents referred to in Section 5671.5 are those described in this section.
The programs should meet the criteria set forth in this section and in Sections 5671 and 5671.5. Nothing in this section
should be construed to waive any licensure requirement pursuant to the California Community Care Facilities Act
(Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code) for any community care facility.
(a) A program for a short-term crisis residential alternative to hospitalization. The services in this program should
include, but not be limited to, provision of direct services to the family, specific linkages with the child's educational
system and community educational resources, and development of a support system, including school and treatment
referrals. The program should be designed for children and adolescents who would otherwise be referred to a psychiatric
inpatient unit. It should be a 24-hour program, with an emphasis on stabilization and appropriate referral for further
treatment or support services.
(b) A long-term residential treatment program. This program should have an educational orientation and should reflect
the principle that education be available in the least restrictive environment. The program should serve children and
adolescents requiring an intensive support system for a period of six to 18 months, who would otherwise be at risk
of periodic hospitalization. The program should provide coordinated intervention with the child, family unit, and
community education resources, and should include aftercare services to the child and family unit to solidify gains and
develop skills in linking with community services.
(c) A transitional residential program. This program may include group homes, foster homes, or homes adapted for
preparing adolescents approaching majority to adjust to emancipation.
The services in this program should include, but not be limited to, coordination with community education resources to
meet the child's individual need, family services designed to strengthen the family unity of which the child is a part, and
aftercare services to reinforce the gains brought about by the program and assist in community adjustment.
(d) A program for a semisupervised, independent but structured living arrangement. This program should apply to
older adolescents, who are either emancipated or who would not be returning home from out-of-home placement. The
semisupervised living arrangement should require structured living designed to impart those skills necessary for successful
independent living as described in subdivision (d) of Section 5671. Adult supervision should be available 24 hours per day.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 5672. Programs to serve children and adolescents;..., CA WEL & INST § 5672
The services should include, but not be limited to, prevocational and vocational linkages in the community, financial
planning which may include rent subsidy assistance, and development of a social support system.
(e) (1) A day treatment program. This program should provide services to children and adolescents who are residing
in their own homes or in out-of-home placements. Schoolsites or other noninstitutional settings are preferred for this
program. A day treatment program for children should offer a multidisciplinary approach and should incorporate
education, recreation, and rehabilitation activities. Services provided should be age appropriate and age specific intensive
remedial programs, including education, counseling, socialization, and recreational services. To the extent feasible, the
client's family should be included in these activities.
(2) Day treatment services should be designed to provide an alternative to residential placement, to provide preventive
services in the early stages of family breakdown, and to reduce the need for more costly and lengthy treatment services.
Aftercare services should be available to maintain gains and prevent family regression.
(f) A socialization center program. This program should provide a multidisciplinary approach and seek funding from
a variety of agencies responsible for providing services, including, but not limited to, school districts and recreation
departments. The services should promote community acceptance of clients and the integration of their family units.
Family involvement in planning activities and developing support system linkages should be encouraged.
(g) An in-home treatment program. This program should be designed to strengthen the child's ties with the family unit and
with the greater community without removing the child from his or her home environment and community educational
system.
Services provided should include, but not be limited to, crisis intervention, direct family services, development of specific
treatment plans, development of ongoing plans utilizing available resources in the community educational system, and
special programs which act as a support system for the child and family unit.
(h) Augmentation of crisis intervention program. This program should provide specifically for evaluation, diagnosis,
and disposition planning for children and adolescents in psychiatric crisis.
(i) Case management services program. This program should emphasize prevention services and should be designed
to divert to noninstitutional programs children and adolescents at risk of involvement with traditional mental health
institutions.
Credits
(Added by Stats.1991, c. 89 (A.B.1288), § 134, eff. June 30, 1991. Amended by Stats.1991, c. 611 (A.B.1491), § 47, eff.
Oct. 7, 1991.)
Editors' Notes
OPERATIVE EFFECT
<For conditions rendering the provisions of Stats.1991, c. 89 (A.B.1288), inoperative “in the event of a
determination by the Commission on State Mandates . . . or a final judicial determination . . . that any
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 5672. Programs to serve children and adolescents;..., CA WEL & INST § 5672
provision of this act is a state-mandated local program requiring state reimbursement to a local agency or
school district within the meaning of Section 6 of Article XIII B of the California Constitution”, see Stats.1991,
c. 89 (A.B.1288), § 209, as amended by Stats.1993, c. 728 (A.B.1728), § 6.>
West's Ann. Cal. Welf. & Inst. Code § 5672, CA WEL & INST § 5672
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 5675. Mental health rehabilitation centers; licensing;..., CA WEL & INST § 5675
West's Annotated California Codes
Welfare and Institutions Code (Refs & Annos)
Division 5. Community Mental Health Services (Refs & Annos)
Part 2. The Bronzan--Mccorquodale Act (Refs & Annos)
Chapter 2.5. Program Initiatives (Refs & Annos)
Article 1. Community Residential Treatment System (Refs & Annos)
West's Ann.Cal.Welf. & Inst.Code § 5675
§ 5675. Mental health rehabilitation centers; licensing; annual inspections; regulations
Effective: June 27, 2013
Currentness
(a) Mental health rehabilitation centers shall only be licensed by the State Department of Health Care Services subsequent
to application by counties, county contract providers, or other organizations. In the application for a mental health
rehabilitation center, program evaluation measures shall include, but not be limited to:
(1) That the clients placed in the facilities show improved global assessment scores, as measured by preadmission and
postadmission tests.
(2) That the clients placed in the facilities demonstrate improved functional behavior as measured by preadmission and
postadmission tests.
(3) That the clients placed in the facilities have reduced medication levels as determined by comparison of preadmission
and postadmission records.
(b) The State Department of Health Care Services shall conduct annual licensing inspections of mental health
rehabilitation centers.
(c) All regulations relating to the licensing of mental health rehabilitation centers, heretofore adopted by the State
Department of Mental Health, or its successor, shall remain in effect and shall be fully enforceable by the State
Department of Health Care Services with respect to any facility or program required to be licensed as a mental health
rehabilitation center, unless and until readopted, amended, or repealed by the Director of Health Care Services. The
State Department of Health Care Services shall succeed to and be vested with all duties, powers, purposes, functions,
responsibilities, and jurisdiction of the State Department of Mental Health, and its successor, if any, as they relate to
licensing mental health rehabilitation centers.
Credits
(Added by Stats.1994, c. 678 (S.B.2017), § 1. Amended by Stats.1998, c. 686 (A.B.2682), § 1; Stats.2000, c. 93 (A.B.2877),
§ 54, eff. July 7, 2000; Stats.2001, c. 171 (A.B.430), § 29, eff. Aug. 10, 2001; Stats.2012, c. 34 (S.B.1009), § 132, eff. June
27, 2012; Stats.2013, c. 23 (A.B.82), § 43, eff. June 27, 2013.)
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1
§ 5675. Mental health rehabilitation centers; licensing;..., CA WEL & INST § 5675
West's Ann. Cal. Welf. & Inst. Code § 5675, CA WEL & INST § 5675
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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2
§ 5675.1. Civil sanctions, CA WEL & INST § 5675.1
West's Annotated California Codes
Welfare and Institutions Code (Refs & Annos)
Division 5. Community Mental Health Services (Refs & Annos)
Part 2. The Bronzan--Mccorquodale Act (Refs & Annos)
Chapter 2.5. Program Initiatives (Refs & Annos)
Article 1. Community Residential Treatment System (Refs & Annos)
West's Ann.Cal.Welf. & Inst.Code § 5675.1
§ 5675.1. Civil sanctions
Effective: June 27, 2013
Currentness
(a) In accordance with subdivision (b), the State Department of Health Care Services may establish a system for the
imposition of prompt and effective civil sanctions for long-term care facilities licensed or certified by the department,
including facilities licensed under the provisions of Sections 5675 and 5768, and including facilities certified as providing
a special treatment program under Sections 72443 to 72475, inclusive, of Title 22 of the California Code of Regulations.
(b) If the department determines that there is or has been a failure, in a substantial manner, on the part of any such
facility to comply with the applicable laws and regulations, the director may impose the following sanctions:
(1) A plan of corrective action that addresses all failure identified by the department and includes timelines for correction.
(2) A facility that is issued a plan of corrective action, and that fails to comply with the plan and repeats the deficiency,
may be subject to immediate suspension of its license or certification, until the deficiency is corrected, when failure to
comply with the plan of correction may cause a health or safety risk to residents.
(c) The department may also establish procedures for the appeal of an administrative action taken pursuant to this
section, including a plan of corrective action or a suspension of license or certification.
Credits
(Added by Stats.2000, c. 93 (A.B.2877), § 55, eff. July 7, 2000. Amended by Stats.2012, c. 34 (S.B.1009), § 133, eff. June
27, 2012; Stats.2013, c. 23 (A.B.82), § 44, eff. June 27, 2013.)
West's Ann. Cal. Welf. & Inst. Code § 5675.1, CA WEL & INST § 5675.1
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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1
§ 5675.2. Mental Health Facility Licensing Fund; application..., CA WEL & INST §...
West's Annotated California Codes
Welfare and Institutions Code (Refs & Annos)
Division 5. Community Mental Health Services (Refs & Annos)
Part 2. The Bronzan--Mccorquodale Act (Refs & Annos)
Chapter 2.5. Program Initiatives (Refs & Annos)
Article 1. Community Residential Treatment System (Refs & Annos)
West's Ann.Cal.Welf. & Inst.Code § 5675.2
§ 5675.2. Mental Health Facility Licensing Fund; application or renewal of license to operate mental health
rehabilitation center; amount of fees; expiration of license; deposit of fees; expenditure; additional charges
Effective: June 27, 2013
Currentness
(a) There is hereby created in the State Treasury the Mental Health Facility Licensing Fund, from which money, upon
appropriation by the Legislature in the Budget Act, shall be expended by the State Department of Health Care Services
to fund administrative and other activities in support of the mental health licensing and certification functions of the
State Department of Health Care Services. The Mental Health Facility Licensing Fund is the successor to the Licensing
and Certification Fund, Mental Health, which fund is hereby abolished. All references in any law to the Licensing and
Certification Fund, Mental Health shall be deemed to refer to the Mental Health Facility Licensing Fund.
(b) Commencing January 1, 2005, each new and renewal application for a license to operate a mental health rehabilitation
center shall be accompanied by an application or renewal fee.
(c) The amount of the fees shall be determined and collected by the State Department of Health Care Services, but the
total amount of the fees collected shall not exceed the actual costs of licensure and regulation of the centers, including,
but not limited to, the costs of processing the application, inspection costs, and other related costs.
(d) Each license or renewal issued pursuant to this chapter shall expire 12 months from the date of issuance. Application
for renewal of the license shall be accompanied by the necessary fee and shall be filed with the department at least 30
days prior to the expiration date. Failure to file a timely renewal may result in expiration of the license.
(e) License and renewal fees collected pursuant to this section shall be deposited into the Mental Health Facility Licensing
Fund.
(f) Fees collected by the State Department of Health Care Services pursuant to this section shall be expended by the
State Department of Health Care Services for the purpose of ensuring the health and safety of all individuals providing
care and supervision by licensees and to support activities of the department, including, but not limited to, monitoring
facilities for compliance with applicable laws and regulations.
(g) The State Department of Health Care Services may make additional charges to the facilities if additional visits are
required to ensure that corrective action is taken by the licensee.
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1
§ 5675.2. Mental Health Facility Licensing Fund; application..., CA WEL & INST §...
Credits
(Added by Stats.2004, c. 509 (S.B.1745), § 2. Amended by Stats.2006, c. 74 (A.B.1807), § 59, eff. July 12, 2006; Stats.2012,
c. 34 (S.B.1009), § 134, eff. June 27, 2012; Stats.2013, c. 23 (A.B.82), § 45, eff. June 27, 2013.)
West's Ann. Cal. Welf. & Inst. Code § 5675.2, CA WEL & INST § 5675.2
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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2
§ 5676. Evaluation and monitoring plan, CA WEL & INST § 5676
West's Annotated California Codes
Welfare and Institutions Code (Refs & Annos)
Division 5. Community Mental Health Services (Refs & Annos)
Part 2. The Bronzan--Mccorquodale Act (Refs & Annos)
Chapter 2.5. Program Initiatives (Refs & Annos)
Article 1. Community Residential Treatment System (Refs & Annos)
West's Ann.Cal.Welf. & Inst.Code § 5676
§ 5676. Evaluation and monitoring plan
Effective: June 27, 2012
Currentness
(a) The State Department of Health Care Services, in conjunction with the State Department of Public Health, shall
develop a state-level plan for a streamlined and consolidated evaluation and monitoring program for the review of
skilled nursing facilities with special treatment programs. The plan shall provide for consolidated reviews, reports, and
penalties for these facilities. The plan shall include the cost of, and a timeline for implementing, the plan. The plan shall
be developed in consultation with stakeholders, including county mental health programs, consumers, family members
of persons residing in long-term care facilities who have serious mental illness, and long-term care providers. The plan
shall review resident safety and quality programming, ensure that long-term care facilities engaged primarily in diagnosis,
treatment, and care of persons with mental diseases are available and appropriately evaluated, and ensure that strong
linkages are built to local communities and other treatment resources for residents and their families. The plan shall be
submitted to the Legislature on or before March 1, 2001.
(b) The State Department of Public Health shall forward to the State Department of Health Care Services copies of
citations issued to a skilled nursing facility that has a special treatment program certified by the State Department of
Health Care Services.
Credits
(Added by Stats.2000, c. 93 (A.B.2877), § 56, eff. July 7, 2000. Amended by Stats.2012, c. 34 (S.B.1009), § 135, eff. June
27, 2012.)
West's Ann. Cal. Welf. & Inst. Code § 5676, CA WEL & INST § 5676
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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1
§ 5676.5. Use of funds; required contents of applications, CA WEL & INST § 5676.5
West's Annotated California Codes
Welfare and Institutions Code (Refs & Annos)
Division 5. Community Mental Health Services (Refs & Annos)
Part 2. The Bronzan--Mccorquodale Act (Refs & Annos)
Chapter 2.5. Program Initiatives (Refs & Annos)
Article 1. Community Residential Treatment System (Refs & Annos)
West's Ann.Cal.Welf. & Inst.Code § 5676.5
§ 5676.5. Use of funds; required contents of applications
Effective: July 7, 2000
Currentness
(a) It is the intent of the Legislature to ensure that funds allocated to establish or enhance mental health programs are
used to integrate the new or enhanced program into an existing system of care.
(b) Counties that apply for funds to establish or enhance their mental health service system shall document, in the
application process, how the new funds blend into an existing system of care and do not supplant existing expenditures.
(c) Applications shall include plans for services and supports, and shall specify how the new or enhanced program blends
into an existing array of services. Applications shall demonstrate how a collaborative process involving clients, family
members, and other system stakeholders was used to develop the proposal.
(d) Applications shall include a commitment to outcome reporting, as defined by the department, including client
benefit outcomes, client and family member satisfaction, system of care access, cost savings, cost avoidance, and cost
effectiveness outcomes that measure both short- and long-term cost savings.
(e) Applications shall demonstrate, when appropriate, how the county intends to continue the new or enhanced program
when the grant funds have ended.
Credits
(Added by Stats.2000, c. 93 (A.B.2877), § 57, eff. July 7, 2000.)
West's Ann. Cal. Welf. & Inst. Code § 5676.5, CA WEL & INST § 5676.5
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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1
§ 1500. Short title, CA HLTH & S § 1500
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 1. General Provisions (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1500
§ 1500. Short title
Currentness
This chapter shall be known and may be cited as the California Community Care Facilities Act.
Credits
(Added by Stats.1973, c. 1203, p. 2581, § 4.)
Notes of Decisions (2)
West's Ann. Cal. Health & Safety Code § 1500, CA HLTH & S § 1500
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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1
§ 1501. Legislative intent and declaration, CA HLTH & S § 1501
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 1. General Provisions (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1501
§ 1501. Legislative intent and declaration
Currentness
(a) The Legislature hereby finds and declares that there is an urgent need to establish a coordinated and comprehensive
statewide service system of quality community care for mentally ill, developmentally and physically disabled, and children
and adults who require care or services by a facility or organization issued a license or special permit pursuant to this
chapter.
(b) Therefore, the Legislature declares it is the intent of the state to develop policies and programs designed to: (1) insure
a level of care and services in the community which is equal to or better than that provided by the state hospitals; (2)
assure that all people who require them are provided with the appropriate range of social rehabilitative, habilitative and
treatment services, including residential and nonresidential programs tailored to their needs; (3) protect the legal and
human rights of a person in or receiving services from a community care facility; (4) insure continuity of care between
the medical-health elements and the supportive care-rehabilitation elements of California's health systems; (5) insure
that facilities providing community care are adequate, safe and sanitary; (6) assure that rehabilitative and treatment
services are provided at a reasonable cost; (7) assure that state payments for community care services are based on a
flexible rate schedule varying according to type and cost of care and services provided; (8) encourage the utilization of
personnel from state hospitals and the development of training programs to improve the quality of staff in community
care facilities; and (9) insure the quality of community care facilities by evaluating the care and services provided and
furnishing incentives to upgrade their quality.
Credits
(Added by Stats.1973, c. 1203, p. 2581, § 4. Amended by Stats.1974, c. 497, p. 1137, § 1.)
Notes of Decisions (1)
West's Ann. Cal. Health & Safety Code § 1501, CA HLTH & S § 1501
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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1
§ 1501.1. State policy; placement of children; licensing;..., CA HLTH & S § 1501.1
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 1. General Provisions (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1501.1
§ 1501.1. State policy; placement of children; licensing; implementation of section
Effective: January 1, 2017
Currentness
(a) It is the policy of the state to facilitate the proper placement of every child in residential care facilities where the
placement is in the best interests of the child. A county may require placement or licensing agencies, or both placement
and licensing agencies, to actively seek out-of-home care facilities capable of meeting the varied needs of the child.
Therefore, in placing children in out-of-home care, particular attention should be given to the individual child's needs,
the ability of the facility to meet those needs, the needs of other children in the facility, the licensing requirements of the
facility as determined by the licensing agency, and the impact of the placement on the family reunification plan.
(b) Pursuant to this section, children with varying designations and varying needs, including, on and after January 1,
2012, nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, except
as provided by statute, may be placed in the same facility provided the facility is licensed, complies with all licensing
requirements relevant to the protection of the child, and has a special permit, if necessary, to meet the needs of each
child so placed. A facility may not require, as a condition of placement, that a child be identified as an individual with
exceptional needs as defined by Section 56026 of the Education Code.
(c) Neither the requirement for any license nor any regulation shall restrict the implementation of the provisions of this
section. Implementation of this section does not obviate the requirement for a facility to be licensed by the department.
(d) Pursuant to this section, children with varying designations and varying needs, including, on and after January
1, 2012, nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code,
except as provided by statute, may be placed in the same licensed foster family home or with a foster family agency for
subsequent placement in a certified family home or with a resource family. Children, including nonminor dependents,
with developmental disabilities, mental disorders, or physical disabilities may be placed in licensed foster family homes or
certified family homes or with resource families, provided that an appraisal of the child's or nonminor dependent's needs
and the ability of the receiving home to meet those needs is made jointly by the placement agency and the licensee in the
case of licensed foster family homes or the placement agency and the foster family agency in the case of certified family
homes or resource families, and is followed by written confirmation prior to placement. The appraisal shall confirm that
the placement poses no threat to any child in the home.
(e)(1) For purposes of this chapter, the placing of children by foster family agencies shall be referred to as “subsequent
placement” to distinguish the activity from the placing by public agencies.
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1
§ 1501.1. State policy; placement of children; licensing;..., CA HLTH & S § 1501.1
(2) For purposes of this chapter, and unless otherwise specified, references to a “child” shall include a “nonminor
dependent” and “nonminor former dependent or ward” as those terms are defined in subdivision (v) and paragraph (1)
of subdivision (aa) of Section 11400 of the Welfare and Institutions Code.
Credits
(Added by Stats.1980, c. 724, p. 2161, § 1. Amended by Stats.1983, c. 1015, § 1; Stats.1984, c. 1597, § 1.5; Stats.1988,
c. 1142, § 2, eff. Sept. 22, 1988; Stats.2004, c. 914 (A.B.1858), § 15; Stats.2010, c. 559 (A.B.12), § 3; Stats.2016, c. 612
(A.B.1997), § 14, eff. Jan. 1, 2017.)
Notes of Decisions (2)
West's Ann. Cal. Health & Safety Code § 1501.1, CA HLTH & S § 1501.1
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 1502. Definitions, CA HLTH & S § 1502
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 1. General Provisions (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1502
§ 1502. Definitions
Effective: January 1, 2018
Currentness
As used in this chapter:
(a) “Community care facility” means any facility, place, or building that is maintained and operated to provide
nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or
children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons,
and abused or neglected children, and includes the following:
(1) “Residential facility” means any family home, group care facility, or similar facility determined by the department,
for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining
the activities of daily living or for the protection of the individual.
(2) “Adult day program” means any community-based facility or program that provides care to persons 18 years of age
or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for
the protection of these individuals on less than a 24-hour basis.
(3) “Therapeutic day services facility” means any facility that provides nonmedical care, counseling, educational or
vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who
would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these
facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services
and foster care providers.
(4) “Foster family agency” means any public agency or private organization, organized and operated on a nonprofit
basis, engaged in any of the following:
(A) Recruiting, certifying, approving, and training of, and providing professional support to, foster parents and resource
families.
(B) Coordinating with county placing agencies to find homes for foster children in need of care.
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1
§ 1502. Definitions, CA HLTH & S § 1502
(C) Providing services and supports to licensed or certified foster parents, county-approved resource families, and
children to the extent authorized by state and federal law.
(5) “Foster family home” means any residential facility providing 24-hour care for six or fewer foster children that is
owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster
children have been placed. The placement may be by a public or private child placement agency or by a court order, or by
voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.
(6) “Small family home” means any residential facility, in the licensee's family residence, that provides 24-hour care for
six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special
care and supervision as a result of their disabilities. A small family home may accept children with special health care
needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children
with special health care needs, the department may approve placement of children without special health care needs,
up to the licensed capacity.
(7) “Social rehabilitation facility” means any residential facility that provides social rehabilitation services for no longer
than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or
counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section
5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.
(8) “Community treatment facility” means any residential facility that provides mental health treatment services to
children in a group setting and that has the capacity to provide secure containment. Program components shall be subject
to program standards developed and enforced by the State Department of Health Care Services pursuant to Section
4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or discourage placement of persons who have mental or physical
disabilities into any category of community care facility that meets the needs of the individual placed, if the placement
is consistent with the licensing regulations of the department.
(9) “Full-service adoption agency” means any licensed entity engaged in the business of providing adoption services,
that does all of the following:
(A) Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary
termination of parental rights to the child.
(B) Assesses the birth parents, prospective adoptive parents, or child.
(C) Places children for adoption.
(D) Supervises adoptive placements.
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2
§ 1502. Definitions, CA HLTH & S § 1502
Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to
provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according
to Part 96 (commencing with Section 96.1) of Title 22 of the Code of Federal Regulations, or supervised by an accredited
primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29)
of Part 96 of Title 22 of the Code of Federal Regulations.
(10) “Noncustodial adoption agency” means any licensed entity engaged in the business of providing adoption services,
that does all of the following:
(A) Assesses the prospective adoptive parents.
(B) Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed
adoption agency, for adoption, with assessed and approved adoptive applicants.
(C) Cooperatively supervises adoption placements with a full-service adoptive agency, but does not disrupt a placement
or remove a child from a placement.
Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure
to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing
according to Part 96 (commencing with Section 96.1) of Title 22 of the Code of Federal Regulations, or supervised by
an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with
Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(11) “Transitional shelter care facility” means any group care facility that provides for 24-hour nonmedical care of
persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or
for the protection of the individual. Program components shall be subject to program standards developed by the State
Department of Social Services pursuant to Section 1502.3.
(12) “Transitional housing placement provider” means an organization licensed by the department pursuant to Section
1559.110 to provide transitional housing to foster children who are at least 16 years of age to promote their transition to
adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(13) “Group home” means a residential facility that provides 24-hour care and supervision to children, delivered at least
in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group
home shall be nonmedical, except as otherwise permitted by law.
(14) “Runaway and homeless youth shelter” means a group home licensed by the department to operate a program
pursuant to Section 1502.35 to provide voluntary, short-term, shelter and personal services to runaway youth or homeless
youth, as defined in paragraph (2) of subdivision (a) of Section 1502.35.
(15) “Enhanced behavioral supports home” means a facility certified by the State Department of Developmental Services
pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions
Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that
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3
§ 1502. Definitions, CA HLTH & S § 1502
provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral
supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum
capacity of four consumers, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and
shall be eligible for federal Medicaid home- and community-based services funding.
(16) “Community crisis home” means a facility certified by the State Department of Developmental Services pursuant to
Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed
by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80), as an adult
residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional
center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis
center at Fairview Developmental Center, Sonoma Developmental Center, an acute general hospital, acute psychiatric
hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the
Welfare and Institutions Code, or an out-of-state placement. A community crisis home shall have a maximum capacity of
eight consumers, as defined in subdivision (a) of Section 1567.80, shall conform to Section 441.530(a)(1) of Title 42 of the
Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(17) “Crisis nursery” means a facility licensed by the department to operate a program pursuant to Section 1516 to
provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary
care by a parent or legal guardian due to a family crisis or stressful situation.
(18) “Short-term residential therapeutic program” means a residential facility operated by a public agency or private
organization and licensed by the department pursuant to Section 1562.01 that provides an integrated program of
specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour care and
supervision to children. The care and supervision provided by a short-term residential therapeutic program shall be
nonmedical, except as otherwise permitted by law. Private short-term residential therapeutic programs shall be organized
and operated on a nonprofit basis. A short-term residential therapeutic program may be operated as a children's crisis
residential program.
(19) “Private alternative boarding school” means a group home licensed by the department to operate a program
pursuant to Section 1502.2 to provide youth with 24-hour residential care and supervision, which, in addition to
providing educational services to youth, provides, or holds itself out as providing, behavioral-based services to youth
with social, emotional, or behavioral issues. The care and supervision provided by a private alternative boarding school
shall be nonmedical, except as otherwise permitted by law.
(20) “Private alternative outdoor program” means a group home licensed by the department to operate a program
pursuant to Section 1502.21 to provide youth with 24-hour residential care and supervision, which provides, or holds
itself out as providing, behavioral-based services in an outdoor living setting to youth with social, emotional, or
behavioral issues. The care and supervision provided by a private alternative outdoor program shall be nonmedical,
except as otherwise permitted by law.
(21) “Children's crisis residential program” means a facility licensed by the department as a short-term residential
therapeutic program pursuant to Section 1562.02 and approved by the State Department of Health Care Services, or a
county mental health plan to which the State Department of Health Care Services has delegated approval authority, to
operate a children's crisis residential mental health program approval pursuant to Section 11462.011 of the Welfare and
Institutions Code, to serve children experiencing mental health crises as an alternative to psychiatric hospitalization.
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4
§ 1502. Definitions, CA HLTH & S § 1502
(b) “Department” or “state department” means the State Department of Social Services.
(c) “Director” means the Director of Social Services.
Credits
(Added by Stats.1973, c. 1203, p. 2582, § 4. Amended by Stats.1976, c. 1350, p. 6159, § 1; Stats.1977, c. 1252, § 257,
operative July 1, 1978; Stats.1977, c. 1199, § 5; Stats.1978, c. 288, § 1; Stats.1978, c. 429, § 134.55, eff. July 17, 1978,
operative July 1, 1978; Stats.1978, c. 891, § 1, eff. Sept. 19, 1978; Stats.1982, c. 1124, p. 4051, § 1; Stats.1983, c. 1015, §
2; Stats.1984, c. 1309, § 1; Stats.1984, c. 1615, § 1.5; Stats.1985, c. 1127, § 1; Stats.1985, c. 1473, § 2; Stats.1986, c. 248, §
116; Stats.1986, c. 1120, § 2, eff. Sept. 24, 1986; Stats.1987, c. 1022, § 2.5; Stats.1988, c. 160, § 89; Stats.1988, c. 557, § 2;
Stats.1988, c. 1142, § 3, eff. Sept. 22, 1988; Stats.1988, c. 1142, § 3.5, eff. Sept. 22, 1988, operative Jan. 1, 1989; Stats.1989,
c. 1360, § 82; Stats.1990, c. 1139 (S.B.2039), § 1, eff. Sept. 21, 1990; Stats.1991, c. 1137 (A.B.760), § 1; Stats.1991, c. 1200
(S.B.90), § 1, eff. Oct. 14, 1991; Stats.1991, c. 1200 (S.B.90), § 1.5, eff. Oct. 14, 1991, operative Jan. 1, 1992; Stats.1992,
c. 1374 (A.B.14), § 1, eff. Oct. 28, 1992; Stats.1993, c. 248 (S.B.465), § 1, eff. Aug. 2, 1993; Stats.1993, c. 1245 (S.B.282), §
2, eff. Oct. 11, 1993; Stats.1994, c. 950 (A.B.1334), § 2; Stats.1997, c. 793 (A.B.1544), § 7; Stats.1998, c. 873 (A.B.2774), §
1; Stats.2002, c. 773 (S.B.1982), § 2; Stats.2007, c. 583 (S.B.703), § 11; Stats.2011, c. 459 (A.B.212), § 2, eff. Oct. 4, 2011;
Stats.2012, c. 34 (S.B.1009), § 16, eff. June 27, 2012; Stats.2012, c. 35 (S.B.1013), § 37, eff. June 27, 2012; Stats.2012, c.
439 (A.B.1471), § 17, eff. Sept. 22, 2012; Stats.2013, c. 485 (A.B.346), § 1; Stats.2014, c. 30 (S.B.856), § 4, eff. June 20,
2014; Stats.2014, c. 735 (A.B.2228), § 1, eff. Jan. 1, 2015; Stats.2015, c. 303 (A.B.731), § 268, eff. Jan. 1, 2016; Stats.2015,
c. 773 (A.B.403), § 6, eff. Jan. 1, 2016; Stats.2016, c. 612 (A.B.1997), § 15, eff. Jan. 1, 2017; Stats.2016, c. 864 (S.B.524),
§ 2.2, eff. Jan. 1, 2017; Stats.2017, c. 561 (A.B.1516), § 103, eff. Jan. 1, 2018; Stats.2017, c. 704 (A.B.501), § 2, eff. Jan.
1, 2018; Stats.2017, c. 731 (S.B.612), § 1.5, eff. Jan. 1, 2018.)
Notes of Decisions (10)
West's Ann. Cal. Health & Safety Code § 1502, CA HLTH & S § 1502
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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5
§ 1502.3. Community care facility and transitional shelter..., CA HLTH & S § 1502.3
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 1. General Provisions (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1502.3
§ 1502.3. Community care facility and transitional shelter care facility
Effective: January 1, 2018
Currentness
For purposes of this chapter, a “community care facility,” pursuant to Section 1502, includes a transitional shelter care
facility. A “transitional shelter care facility” means a short-term residential care program that meets all of the following
requirements:
(a) It is owned by the county, and operated by the county or by a private nonprofit organization under contract to the
county.
(b) It is a group care facility that provides for 24-hour nonmedical care of children who are in need of personal services,
supervision, or assistance that is essential for sustaining the activities of daily living, or for the protection of the individual
on a short-term basis. As used in this section, “short-term” means up to 90 days from the date of admission.
(c) It is for the sole purpose of providing care for children who have been removed from their homes as a result of abuse or
neglect, or both; for children who have been adjudged wards of the court; and, for children who are seriously emotionally
disturbed children. For purposes of this subdivision, “abuse or neglect” means the same as defined in Section 300 of
the Welfare and Institutions Code. For purposes of this subdivision, “wards of the court” means the same as defined
in Section 602 of the Welfare and Institutions Code. For purposes of this subdivision, “seriously emotionally disturbed
children” means the same as defined in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(d) It primarily serves children who have previously been placed in a community care facility and are awaiting placement
into a different community care facility that is appropriate to their needs. Children residing in transitional shelter care
facilities may include children who are very difficult to place in appropriate community care facilities because of factors
which may be present in combination, including: threatening, aggressive, suicide, runaway or destructive behaviors and
behaviors as defined in Section 5600.3 of the Welfare and Institutions Code.
(e) Based upon an agreement with the county, the licensee shall agree to accept, for placement into its transitional shelter
care program, all children referred by the county.
(f) The licensee shall not discharge any child without the permission of the county, except when a child:
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1
§ 1502.3. Community care facility and transitional shelter..., CA HLTH & S § 1502.3
(1) Commits an unlawful act and the child must be detained in a juvenile institution.
(2) Requires either of the following:
(A) Physical health care in an acute care hospital.
(B) Mental health services in an acute psychiatric hospital.
(g) The licensee shall provide a program that is designed to be flexible enough to care for a highly variable population
size and shall allow for the special needs of sibling groups.
Credits
(Added by Stats.1994, c. 950 (A.B.1334), § 3. Amended by Stats.2017, c. 732 (A.B.404), § 4, eff. Jan. 1, 2018.)
West's Ann. Cal. Health & Safety Code § 1502.3, CA HLTH & S § 1502.3
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 1502.4. Placement of children not requiring inpatient care..., CA HLTH & S § 1502.4
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 1. General Provisions (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1502.4
§ 1502.4. Placement of children not requiring inpatient care in licensed shortterm residential therapeutic program; requirements; immunity from liability
Effective: January 1, 2017
Currentness
(a) A licensed short-term residential therapeutic program, as defined in paragraph (18) of subdivision (a) of Section
1502, may only accept for placement a child who does not require inpatient care in a licensed health facility and who has
been assessed pursuant to Section 11462.01 of the Welfare and Institutions Code as meeting the applicable criteria for
placement in a short-term residential therapeutic program.
(b) For the purposes of this chapter, the following definitions shall apply:
(1) “Health facility” has the meaning set forth in Section 1250.
(2) “Seriously emotionally disturbed” has the same meaning as that term is used in subdivision (a) of Section 5600.3 of
the Welfare and Institutions Code.
(c) The department shall not evaluate, nor have any responsibility or liability with regard to the evaluation of, the mental
health treatment services provided pursuant to this section.
(d) This section shall become operative on January 1, 2017.
Credits
(Added by Stats.2015, c. 773 (A.B.403), § 8, eff. Jan. 1, 2016, operative Jan. 1, 2017. Amended by Stats.2016, c. 612
(A.B.1997), § 16, eff. Jan. 1, 2017.)
West's Ann. Cal. Health & Safety Code § 1502.4, CA HLTH & S § 1502.4
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 1503. “License” defined, CA HLTH & S § 1503
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 1. General Provisions (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1503
§ 1503. “License” defined
Currentness
As used in this chapter, “license” means a basic permit to operate a community care facility.
A license shall not be transferable.
Credits
(Added by Stats.1973, c. 1203, p. 2582, § 4.)
Notes of Decisions (2)
West's Ann. Cal. Health & Safety Code § 1503, CA HLTH & S § 1503
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 1503.5. Unlicensed community care facility; definition;..., CA HLTH & S § 1503.5
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 1. General Provisions (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1503.5
§ 1503.5. Unlicensed community care facility; definition; operation prohibited; procedure upon discovery
Effective: January 1, 2008
Currentness
(a) A facility shall be deemed to be an “unlicensed community care facility” and “maintained and operated to provide
nonmedical 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 or 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 or 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 or supervision, as defined by this chapter
or the rules and regulations adopted pursuant to this chapter.
(4) The facility represents itself as a licensed community care facility.
(5) The facility is performing any of the functions of a foster family agency or holding itself out as a foster family agency.
(6) The facility is performing any of the functions of an adoption agency or holding itself out as performing any of the
functions of an adoption agency as specified in paragraph (9) of subdivision (a) of Section 1502 or subdivision (b) of
Section 8900.5 of the Family Code.
(b) No unlicensed community care facility, as defined in subdivision (a), shall operate in this state.
(c) Upon discovery of an unlicensed community care facility, the department shall refer residents to the appropriate local
or state ombudsman, or placement, adult protective services, or child protective services agency if either of the following
conditions exist:
(1) There is an immediate threat to the clients' health and safety.
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1
§ 1503.5. Unlicensed community care facility; definition;..., CA HLTH & S § 1503.5
(2) The facility will not cooperate with the licensing agency to apply for a license, meet licensing standards, and obtain
a valid license.
Credits
(Added by Stats.1985, c. 728, § 1, eff. Sept. 18, 1985. Amended by Stats.1986, c. 1016, § 1; Stats.1987, c. 1022, § 3;
Stats.2007, c. 583 (S.B.703), § 12.)
Notes of Decisions (6)
West's Ann. Cal. Health & Safety Code § 1503.5, CA HLTH & S § 1503.5
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 1504. “Special permit” defined, CA HLTH & S § 1504
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 1. General Provisions (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1504
§ 1504. “Special permit” defined
Currentness
As used in this chapter, “special permit” means a permit issued by the state department authorizing a community care
facility to offer specialized services as designated by the director in regulations.
A special permit shall not be transferable.
Credits
(Added by Stats.1973, c. 1203, p. 2582, § 4. Amended by Stats.1980, c. 1285, p. 4346, § 1.5.)
West's Ann. Cal. Health & Safety Code § 1504, CA HLTH & S § 1504
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 1504.5. Application of chapter; legislative intent, findings..., CA HLTH & S § 1504.5
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 1. General Provisions (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1504.5
§ 1504.5. Application of chapter; legislative intent, findings and declarations concerning independent
living of persons with disabilities; contracts providing for living or assistance in living in own home
Effective: January 1, 2003
Currentness
(a)(1) This chapter does not apply to any independent living arrangement or supportive housing, described in paragraph
(2) of subdivision (c), for individuals with disabilities who are receiving community living support services, as described
in paragraph (1) of subdivision (c).
(2) This section does not affect the provisions of Section 1503.5 or 1505.
(3) Community living support services described in paragraph (1) of subdivision (c) do not constitute care or supervision.
(b)(1) The Legislature finds and declares that there is an urgent need to increase the access to supportive housing, as
described in paragraph (2) of subdivision (c), and to foster community living support services, as described in paragraph
(1) of subdivision (c), as an effective and cost-efficient method of serving persons with disabilities who wish to live
independently.
(2) It is the intent of the Legislature that persons with disabilities be permitted to do both of the following:
(A) Receive one or more community living support services in the least restrictive setting possible, such as in a person's
private home or supportive housing residence.
(B) Voluntarily choose to receive support services in obtaining and maintaining supportive housing.
(3) It is the intent of the Legislature that community living support services, as described in paragraph (1) of subdivision
(c), enable persons with disabilities to live more independently in the community for long periods of time.
(c)(1) “Community living support services,” for purposes of this section, are voluntary and chosen by persons with
disabilities in accordance with their preferences and goals for independent living. “Community living support services”
may include, but are not limited to, any of the following:
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1
§ 1504.5. Application of chapter; legislative intent, findings..., CA HLTH & S § 1504.5
(A) Supports that are designed to develop and improve independent living and problemsolving 1 skills.
(B) Education and training in meal planning and shopping, budgeting and managing finances, medication selfmanagement, transportation, vocational and educational development, and the appropriate use of community resources
and leisure activities.
(C) Assistance with arrangements to meet the individual's basic needs such as financial benefits, food, clothing, household
goods, and housing, and locating and scheduling for appropriate medical, dental, and vision benefits and care.
(2) “Supportive housing,” for purposes of this section, is rental housing that has all of the following characteristics:
(A) It is affordable to people with disabilities.
(B) It is independent housing in which each tenant meets all of the following conditions:
(i) Holds a lease or rental agreement in his or her own name and is responsible for paying his or her own rent.
(ii) Has his or her own room or apartment and is individually responsible for arranging any shared tenancy.
(C) It is permanent, wherein each tenant may stay as long as he or she pays his or her share of rent and complies with
the terms of his or her lease.
(D) It is tenancy housing under which supportive housing providers are required to comply with applicable state and
federal laws governing the landlord-tenant relationship.
(E) Participation in services or any particular type of service is not required as a condition of tenancy.
(d) Counties may contract with agencies or individuals to assist persons with disabilities in securing their own homes and
to provide persons with disabilities with the supports needed to live in their own homes, including supportive housing.
(e) For purposes of this section and notwithstanding any other provision of law, an individual with disabilities may
contract for the provision of any of the community support services specified in paragraph (1) of subdivision (c) in the
individual's own home including supportive housing, as part of that individual's service, care, or independent living plan,
only through a government funded program or a private health or disability insurance plan.
(f) An individual's receipt of community living support services as defined in paragraph (1) of subdivision (c) shall not
be construed to mean that the individual requires care or supervision or is receiving care or supervision.
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2
§ 1504.5. Application of chapter; legislative intent, findings..., CA HLTH & S § 1504.5
Credits
(Added by Stats.2002, c. 428 (A.B.1425), § 1.)
Footnotes
So in enrolled bill.
1
West's Ann. Cal. Health & Safety Code § 1504.5, CA HLTH & S § 1504.5
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 1505. Exempt facilities and care or living arrangements, CA HLTH & S § 1505
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 1. General Provisions (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1505
§ 1505. Exempt facilities and care or living arrangements
Effective: January 1, 2019
Currentness
This chapter does not apply to any of the following:
(a) Any health facility, as defined by Section 1250.
(b) Any clinic, as defined by Section 1202.
(c) Any juvenile placement facility approved by the Department of Corrections and Rehabilitation, Division of Juvenile
Justice, or any juvenile hall operated by a county.
(d) Any place in which a juvenile is judicially placed pursuant to subdivision (a) of Section 727 of the Welfare and
Institutions Code.
(e) Any child day care facility, as defined in Section 1596.750.
(f)(1) Any facility conducted by and for the adherents of any well-recognized church or religious denomination for the
purpose of providing facilities for the care or treatment of the sick who depend solely upon prayer or spiritual means for
healing in the practice of the religion of the church or denomination.
(2) A private alternative boarding school or private alternative outdoor program, as defined in subdivision (a) of Section
1502, that uses prayer or spiritual means as a component of its programming or services in addition to behavioral-based
services is subject to licensure under this chapter.
(g) Any school dormitory or similar facility determined by the department, except a private alternative boarding school
or private alternative outdoor program, as defined in subdivision (a) of Section 1502.
(h) Any house, institution, hotel, homeless shelter, or other similar place that supplies board and room only, or room
only, or board only, provided that no resident thereof requires any element of care, as determined by the department.
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1
§ 1505. Exempt facilities and care or living arrangements, CA HLTH & S § 1505
(i) Recovery houses or other similar facilities providing group living arrangements for adults recovering from alcoholism
or drug addiction where the facility provides no care or supervision.
(j) Any alcoholism or drug abuse recovery or treatment facility as defined in Section 11834.02.
(k) Any arrangement for the receiving and care of persons by a relative or any arrangement for the receiving and care
of persons from only one family by a close friend of the parent, guardian, or conservator, if the arrangement is not for
financial profit and occurs only occasionally and irregularly, as defined by regulations of the department. For purposes
of this chapter, arrangements for the receiving and care of persons by a relative shall include relatives of the child for
the purpose of keeping sibling groups together.
(l)(1) Any home of a relative caregiver of children who are placed by a juvenile court, supervised by the county welfare
or probation department, and the placement of whom is approved according to subdivision (d) of Section 309 of the
Welfare and Institutions Code.
(2) Any home of a nonrelative extended family member, as described in Section 362.7 of the Welfare and Institutions
Code, providing care to children who are placed by a juvenile court, supervised by the county welfare or probation
department, and the placement of whom is approved according to subdivision (d) of Section 309 of the Welfare and
Institutions Code.
(3) On and after January 1, 2012, any supervised independent living placement for nonminor dependents, as defined in
subdivision (w) of Section 11400 of the Welfare and Institutions Code, who are placed by the juvenile court, supervised
by the county welfare department, probation department, Indian tribe, consortium of tribes, or tribal organization that
entered into an agreement pursuant to Section 10553.1 of the Welfare and Institutions Code, and whose placement is
approved pursuant to subdivision (k) of Section 11400 of the Welfare and Institutions Code.
(4) A Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400 of the Welfare and Institutions
Code, that serves only eligible former foster youth over 18 years of age who have exited from the foster care system on or
after their 18th birthday, and that has obtained certification from the applicable county in accordance with subdivision
(c) of Section 16522 of the Welfare and Institutions Code.
(m) Any supported living arrangement for individuals with developmental disabilities, as defined in Section 4689 of the
Welfare and Institutions Code.
(n)(1) Any family home agency, family home, or family teaching home, as defined in Section 4689.1 of the Welfare
and Institutions Code, that is vendored by the State Department of Developmental Services and that does any of the
following:
(A) As a family home approved by a family home agency, provides 24-hour care for one or two adults with developmental
disabilities in the residence of the family home provider or providers and the family home provider or providers' family,
and the provider is not licensed by the State Department of Social Services or the State Department of Public Health or
certified by a licensee of the State Department of Social Services or the State Department of Public Health.
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2
§ 1505. Exempt facilities and care or living arrangements, CA HLTH & S § 1505
(B) As a family teaching home approved by a family home agency, provides 24-hour care for a maximum of three
adults with developmental disabilities in independent residences, whether contiguous or attached, and the provider is not
licensed by the State Department of Social Services or the State Department of Public Health or certified by a licensee
of the State Department of Social Services or the State Department of Public Health.
(C) As a family home agency, engages in recruiting, approving, and providing support to family homes.
(2) This subdivision does not establish by implication either a family home agency or family home licensing category.
(o) Any facility in which only Indian children who are eligible under the federal Indian Child Welfare Act (Chapter 21
(commencing with Section 1901) of Title 25 of the United States Code) are placed and that is one of the following:
(1) An extended family member of the Indian child, as defined in Section 1903 of Title 25 of the United States Code.
(2) A foster home that is licensed, approved, or specified by the Indian child's tribe pursuant to Section 1915 of Title
25 of the United States Code.
(p)(1)(A) Any housing occupied by elderly or disabled persons, or both, that is initially approved and operated under a
regulatory agreement pursuant to Section 202 of Public Law 86-372 (12 U.S.C. Sec. 1701q), or Section 811 of Public Law
101-625 (42 U.S.C. Sec. 8013), or whose mortgage is insured pursuant to Section 236 of Public Law 90-448 (12 U.S.C.
Sec. 1715z), or that receives mortgage assistance pursuant to Section 221d(3) of Public Law 87-70 (12 U.S.C. Sec. 1715l),
where supportive services are made available to residents at their option, as long as the project owner or operator does
not contract for or provide the supportive services.
(B) Any housing that qualifies for a low-income housing credit pursuant to Section 252 of Public Law 99-514 (26 U.S.C.
Sec. 42) or that is subject to the requirements for rental dwellings for low-income families pursuant to Section 8 of Public
Law 93-383 (42 U.S.C. Sec. 1437f), and that is occupied by elderly or disabled persons, or both, where supportive services
are made available to residents at their option, as long as the project owner or operator does not contract for or provide
the supportive services.
(2) The project owner or operator to which paragraph (1) applies may coordinate, or help residents gain access to, the
supportive services, either directly, or through a service coordinator.
(q) A resource family, as defined in Section 16519.5 of the Welfare and Institutions Code, that has been approved by a
county child welfare department or probation department.
(r) A home approved by a licensed private adoption agency pursuant to Section 8704.5 of the Family Code, for the
placement of a nondependent child who is relinquished for adoption to the adoption agency.
(s) An occasional short-term babysitter, as described in Section 362.04 of the Welfare and Institutions Code.
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3
§ 1505. Exempt facilities and care or living arrangements, CA HLTH & S § 1505
(t) An alternative caregiver, except as specified in Section 16501.02 of the Welfare and Institutions Code.
(u) Except as specified in subdivision (b) of Section 16501.01 of the Welfare and Institutions Code, a respite care provider
certified by a county.
(v) Any similar facility determined by the department.
Credits
(Added by Stats.1981, c. 102, p. 716, § 61, eff. June 28, 1981. Amended by Stats.1981, c. 1162, p. 4650, § 6; Stats.1984, c.
1486, § 1; Stats.1984, c. 1615, § 2; Stats.1984, c. 1667, § 1.3; Stats.1985, c. 1064, § 1; Stats.1987, c. 1409, § 1; Stats.1989,
c. 919, § 1; Stats.1992, c. 1011 (S.B.1383), § 1; Stats.1994, c. 1095 (S.B.1730), § 1, eff. Sept. 29, 1994; Stats.1995, c. 724
(A.B.1525), § 1; Stats.1997, c. 793 (A.B.1544), § 8; Stats.1998, c. 945 (A.B.2686), § 1; Stats.1998, c. 1056 (A.B.2773), §
9.5; Stats.2001, c. 653 (A.B.1695), § 2, eff. Oct. 10, 2001; Stats.2004, c. 831 (A.B.2100), § 1; Stats.2009, c. 82 (A.B.123),
§ 1; Stats.2010, c. 559 (A.B.12), § 5; Stats.2012, c. 35 (S.B.1013), § 38, eff. June 27, 2012; Stats.2012, c. 846 (A.B.1712),
§ 4; Stats.2014, c. 772 (S.B.1460), § 4, eff. Jan. 1, 2015; Stats.2016, c. 864 (S.B.524), § 5, eff. Jan. 1, 2017; Stats.2017, c.
561 (A.B.1516), § 106, eff. Jan. 1, 2018; Stats.2017, c. 732 (A.B.404), § 5, eff. Jan. 1, 2018; Stats.2018, c. 910 (A.B.1930),
§ 3, eff. Jan. 1, 2019.)
Notes of Decisions (5)
West's Ann. Cal. Health & Safety Code § 1505, CA HLTH & S § 1505
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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4
§ 1505.5. Regulations authorizing temporary respite care for..., CA HLTH & S § 1505.5
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 1. General Provisions (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1505.5
§ 1505.5. Regulations authorizing temporary respite care for persons who are frail and
elderly, adults with functional impairments, and persons with mental health disorders
Effective: January 1, 2015
Currentness
(a) The director shall adopt regulations authorizing residential facilities, as defined in Section 1502, to fill unused capacity
on a short-term, time-limited basis to provide temporary respite care for persons who are frail and elderly, adults with
functional impairments, and 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 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.
Credits
(Added by Stats.1986, c. 1298, § 2. Amended by Stats.2014, c. 144 (A.B.1847), § 31, eff. Jan. 1, 2015.)
West's Ann. Cal. Health & Safety Code § 1505.5, CA HLTH & S § 1505.5
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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1
§ 1507. Incidental medical services; community care facilities;..., CA HLTH & S § 1507
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 1. General Provisions (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1507
§ 1507. Incidental medical services; community care facilities;
limited services on enumerated conditions; emergency regulations
Effective: June 27, 2012
Currentness
(a) Notwithstanding any other provision of law, incidental medical services may be provided in a community care
facility. If the medical services constitute a substantial component of the services provided by the community care facility
as defined by the director in regulations, the medical services component shall be approved as set forth in Chapter 1
(commencing with Section 1200) or Chapter 2 (commencing with Section 1250).
(b) Notwithstanding any other provision of law, if the requirements of subdivision (c) are met, the department shall
permit incidental medical services to be provided in community care facilities for adults by facility staff who are not
licensed health care professionals but who are trained by a licensed health care professional and supervised according to
the client's individualized health care plan prepared pursuant to subdivision (c). Incidental medical services provided by
trained facility staff for the following conditions shall be limited as follows:
(1) Colostomy and ileostomy: changing bags and cleaning stoma.
(2) Urinary catheter: emptying bags in day care facilities; emptying and changing bags in residential facilities.
(3) Gastrostomy: feeding, hydration, cleaning stoma, and adding medication per physician's or nurse practitioner's orders
for the routine medication of patients with chronic, stable conditions.
(c) Facility staff may provide incidental medical services if the following conditions have been met:
(1) For regional center clients the following shall apply:
(A) An individualized health care plan, which may be part of a client's individual program plan, shall be prepared for
each client by a health care team that shall include the client or his or her designee if the client is not able to participate in
planning his or her health care, the client's primary care physician or nurse practitioner or other health care professional
designated by the physician or nurse practitioner, the licensee or licensee's designee, any involved social worker or
regional center worker, and any health care professional designated to monitor the client's individualized health care
plan.
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1
§ 1507. Incidental medical services; community care facilities;..., CA HLTH & S § 1507
(B) The client's individualized health care plan shall be reassessed at least every 12 months or more frequently as
determined by the client's physician or nurse practitioner during the time the client receives incidental medical services
in the facility.
(C) The client's regional center, primary care physician or nurse practitioner, or other health care professional designated
by the physician or nurse practitioner shall identify the health care professional who shall be responsible for training
facility staff in the provision of incidental medical services.
(D) Facility staff shall be trained by the identified health care professional practicing within his or her scope of practice
who shall monitor, according to the individualized health care plan, the staff's ability to provide incidental medical
services and who shall review, correct, or update facility staff training as the health care professional deems necessary.
(E) The regional center or placing agency shall evaluate, monitor, and have responsibility for oversight of the incidental
medical services provided in the facility by facility staff. However, nothing in this section shall preclude the department
from taking an administrative action against a licensee or facility staff member for failure or refusal to carry out, or
negligence in carrying out, his or her duties in providing these incidental medical services.
(2) For persons who are not regional center clients, the following shall apply:
(A) An individualized health care plan shall be prepared that includes the physician's or nurse practitioner's order for
services to be provided during the time the client is in the day care facility. The plan shall be prepared by a team that
includes the client or his or her designee if the client is not able to participate in planning his or her care, the client's
social worker, conservator, or legal guardian, as appropriate, a licensed health care professional, and the licensee or the
licensee's designee.
(B) The client's individualized health care plan shall be reassessed at least every 12 months or more frequently as
determined by the client's physician or nurse practitioner during the time the client receives incidental medical services
in the facility.
(C) A licensed health care professional practicing within his or her scope of practice shall train the staff of the facility on
procedures for caring for clients who require incidental medical services and shall periodically review, correct, or update
facility staff training as the health care professional deems necessary.
(d) Facilities providing incidental medical services shall remain in substantial compliance with all other applicable
regulations of the department.
(e) The department shall adopt emergency regulations for community care facilities for adults by February 1, 1997, to
do all of the following:
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2
§ 1507. Incidental medical services; community care facilities;..., CA HLTH & S § 1507
(1) Specify incidental medical services that may be provided. These incidental medical services shall include, but need
not be limited to, any of the following: gastrostomy, colostomy, ileostomy, and urinary catheters.
(2) Specify the conditions under which incidental medical services may be provided.
(3) Specify the medical services that, due to the level of care required, are prohibited services.
(f) The department shall consult with the State Department of Developmental Services, the State Department of Health
Care Services, the Association of Regional Center Agencies, and provider associations in the development of the
regulations required by subdivision (e).
Credits
(Added by Stats.1973, c. 1203, p. 2583, § 4. Amended by Stats.1976, c. 1350, p. 6159, § 2; Stats.1977, c. 1199, § 6;
Stats.1996, c. 517 (A.B.2835), § 2; Stats.1997, c. 526 (A.B.1545), § 1, eff. Sept. 29, 1997; Stats.2012, c. 34 (S.B.1009), §
18, eff. June 27, 2012.)
Notes of Decisions (1)
West's Ann. Cal. Health & Safety Code § 1507, CA HLTH & S § 1507
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 1507.6. Mental health services; liability; use of..., CA HLTH & S § 1507.6
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 1. General Provisions (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1507.6
§ 1507.6. Mental health services; liability; use of psychotropic medicines
Effective: January 1, 2017
Currentness
(a) Mental health services, as deemed necessary by the placing agency, may be provided to children in a group home.
Except for the physical safety and direct care and supervision of children so placed, the State Department of Social
Services and its agents shall not evaluate or have responsibility or liability for the evaluation of mental health services
provided in those homes. Supervision of mental health treatment services provided to a child in a group home shall be
a case management responsibility of the placing agency.
(b)(1) Psychotropic medications shall be used only in accordance with the written directions of the physician prescribing
the medication and as authorized by the juvenile court pursuant to Section 369.5 or 739.5 of the Welfare and Institutions
Code.
(2) The facility shall maintain in a child's records all of the following information:
(A) A copy of any court order authorizing the psychotropic medication for the child.
(B) A separate log for each psychotropic medication prescribed for the child, showing all of the following:
(i) The name of the medication.
(ii) The date of the prescription.
(iii) The quantity of medication and number of refills initially prescribed.
(iv) When applicable, any additional refills prescribed.
(v) The required dosage and directions for use as specified in writing by the physician prescribing the medication,
including any changes directed by the physician.
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1
§ 1507.6. Mental health services; liability; use of..., CA HLTH & S § 1507.6
(vi) The date and time of each dose taken by the child.
(3) This subdivision does not apply to a runaway and homeless youth shelter, as defined in Section 1502.
(4) The requirements regarding juvenile court authorization, as described in paragraph (1), and maintaining a copy of
any court order, as described in subparagraph (A) of paragraph (2), shall only apply to private alternative boarding
schools and private alternative outdoor programs, as defined in Section 1502, as otherwise required by applicable law.
Credits
(Added by Stats.1992, c. 714 (S.B.307), § 2, eff. Sept. 15, 1992. Amended by Stats.2015, c. 540 (S.B.484), § 1, eff. Jan. 1,
2016; Stats.2016, c. 864 (S.B.524), § 6, eff. Jan. 1, 2017.)
West's Ann. Cal. Health & Safety Code § 1507.6, CA HLTH & S § 1507.6
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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2
§ 1508. Necessity of license; special permit; community care..., CA HLTH & S § 1508
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 1. General Provisions (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1508
§ 1508. Necessity of license; special permit; community care facility; “local public agency” defined
Currentness
No person, firm, partnership, association, or corporation within the state and no state or local public agency shall
operate, establish, manage, conduct, or maintain a community care facility in this state, without a current valid license
therefor as provided in this chapter.
No person, firm, partnership, association, or corporation within the state and no state or local public agency shall provide
specialized services within a community care facility in this state, without a current valid special permit therefor as
provided in this chapter.
Except for a juvenile hall operated by a county, or a public recreation program, this section applies to community care
facilities directly operated by a state or local public agency. Each community care facility operated by a state or local
public agency shall comply with the standards established by the director for community care facilities.
As used in this chapter, “local public agency” means a city, county, special district, school district, community college
district, chartered city, or chartered city and county.
Credits
(Added by Stats.1973, c. 1203, p. 2583, § 4. Amended by Stats.1984, c. 1486, § 2; Stats.1985, c. 728, § 2, eff. Sept. 18,
1985; Stats.1986, c. 1016, § 2.)
Notes of Decisions (1)
West's Ann. Cal. Health & Safety Code § 1508, CA HLTH & S § 1508
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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1
§ 1509.5. Application for additional license; possession of..., CA HLTH & S § 1509.5
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 1. General Provisions (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1509.5
§ 1509.5. Application for additional license; possession of
current license; provisional license; expedited procedures
Currentness
(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 a community care facility if the applicant possesses a current valid license to operate a community care facility 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.
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1
§ 1509.5. Application for additional license; possession of..., CA HLTH & S § 1509.5
(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.
Credits
(Added by Stats.1992, c. 570 (S.B.1311), § 1.)
West's Ann. Cal. Health & Safety Code § 1509.5, CA HLTH & S § 1509.5
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 1510. Consulting services, CA HLTH & S § 1510
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 1. General Provisions (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1510
§ 1510. Consulting services
Currentness
The state department may provide consulting services upon request to any community care facility to assist in the
identification or correction of deficiencies and in the upgrading of the quality of care provided by such community care
facility.
Credits
(Added by Stats.1973, c. 1203, p. 2583, § 4.)
West's Ann. Cal. Health & Safety Code § 1510, CA HLTH & S § 1510
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 1511. Contracts with public agencies for assumption of..., CA HLTH & S § 1511
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 1. General Provisions (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1511
§ 1511. Contracts with public agencies for assumption of
certain responsibilities; reimbursement; federal grants-in-aid
Currentness
The state department may contract for state, county, or other public agencies to assume specified licensing, approval, or
consultation responsibilities. In exercising the authority so delegated, such agencies shall conform to the requirements of
this chapter and to the rules, regulations, and standards of the state department. The state department shall reimburse
agencies for services performed pursuant to this section, and such payments shall not exceed actual cost.
If any grants-in-aid are made by the federal government for the support of any inspection or consultation service
approved by the state department, the amount of the federal grant shall first be applied to defer the cost of the service
before state reimbursement is made.
Credits
(Added by Stats.1973, c. 1203, p. 2583, § 4.)
West's Ann. Cal. Health & Safety Code § 1511, CA HLTH & S § 1511
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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1
§ 1567.50. Community care facility pilot project; licensing;..., CA HLTH & S § 1567.50
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 9. Adult Residential Facilities for Persons with Special Health Care Needs: Licensing (Refs &
Annos)
West's Ann.Cal.Health & Safety Code § 1567.50
§ 1567.50. Community care facility pilot project; licensing; implementation of article
Effective: October 19, 2010
Currentness
(a) Notwithstanding that a community care facility means a place that provides nonmedical care under subdivision (a)
of Section 1502, pursuant to Article 3.5 (commencing with Section 4684.50) of Chapter 6 of Division 4.5 of the Welfare
and Institutions Code, the department shall jointly implement with the State Department of Developmental Services a
licensing program to provide special health care and intensive support services to adults in homelike community settings.
(b) The State Department of Social Services may license, subject to the following conditions, an Adult Residential
Facility for Persons with Special Health Care Needs to provide 24-hour services to up to five adults with developmental
disabilities who have special health care and intensive support needs, as defined in subdivisions (f) and (g) of Section
4684.50 of the Welfare and Institutions Code.
(1) The State Department of Developmental Services shall be responsible for granting the certificate of program approval
for an Adult Residential Facility for Persons with Special Health Care Needs (ARFPSHN). The State Department of
Social Services shall not issue a license unless the applicant has obtained a certification of program approval from the
State Department of Developmental Services.
(2) The State Department of Social Services shall ensure that the ARFPSHN meets the administration requirements
under Article 2 (commencing with Section 1520) including, but not limited to, requirements relating to fingerprinting
and criminal records under Section 1522.
(3) The State Department of Social Services shall administer employee actions under Article 5.5 (commencing with
Section 1558).
(4) The regional center shall monitor and enforce compliance of the program and health and safety requirements,
including monitoring and evaluating the quality of care and intensive support services. The State Department of
Developmental Services shall ensure that the regional center performs these functions.
(5) The State Department of Developmental Services may decertify any ARFPSHN that does not comply with program
requirements. When the State Department of Developmental Services determines that urgent action is necessary to
protect clients of the ARFPSHN from physical or mental abuse, abandonment, or any other substantial threat to their
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1
§ 1567.50. Community care facility pilot project; licensing;..., CA HLTH & S § 1567.50
health and safety, the State Department of Developmental Services may request the regional center or centers to remove
the clients from the ARFPSHN or direct the regional center or centers to obtain alternative services for the consumers
within 24 hours.
(6) The State Department of Social Services may initiate proceedings for temporary suspension of the license pursuant
to Section 1550.5.
(7) The State Department of Developmental Services, upon its decertification, shall inform the State Department of
Social Services of the licensee's decertification, with its recommendation concerning revocation of the license, for which
the State Department of Social Services may initiate proceedings pursuant to Section 1550.
(8) The State Department of Developmental Services and the regional centers shall provide the State Department
of Social Services all available documentation and evidentiary support necessary for any enforcement proceedings to
suspend the license pursuant to Section 1550.5, to revoke or deny a license pursuant to Section 1551, or to exclude an
individual pursuant to Section 1558.
(9) The State Department of Social Services Community Care Licensing Division shall enter into a memorandum of
understanding with the State Department of Developmental Services to outline a formal protocol to address shared
responsibilities, including monitoring responsibilities, complaint investigations, administrative actions, and closures.
(10) The licensee shall provide documentation that, in addition to the administrator requirements set forth under
paragraph (4) of subdivision (a) of Section 4684.63 of the Welfare and Institutions Code, the administrator, prior to
employment, has completed a minimum of 35 hours of initial training in the general laws, regulations and policies
and procedural standards applicable to facilities licensed by the State Department of Social Services under Article
2 (commencing with Section 1520). Thereafter, the licensee shall provide documentation every two years that the
administrator has completed 40 hours of continuing education in the general laws, regulations and policies and
procedural standards applicable to adult residential facilities. The training specified in this section shall be provided
by a vendor approved by the State Department of Social Services and the cost of the training shall be borne by the
administrator or licensee.
(c) This article shall only be implemented to the extent that funds are made available through an appropriation in the
annual Budget Act.
Credits
(Added by Stats.2005, c. 558 (S.B.962), § 7. Amended by Stats.2009-2010, 4th Ex.Sess., c. 5 (A.B.5), § 10, eff. July 28,
2009; Stats.2010, c. 717 (S.B.853), § 13, eff. Oct. 19, 2010.)
West's Ann. Cal. Health & Safety Code § 1567.50, CA HLTH & S § 1567.50
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
D. 2, Ch. 3, Art. 9.5, Refs & Annos, CA HLTH & S D. 2, Ch. 3, Art. 9.5, Refs & Annos
West's Annotated California Codes
Health and Safety Code
Division 2. Licensing Provisions
Chapter 3. California Community Care Facilities Act
Article 9.5. Enhanced Behavioral Supports Homes
West's Ann.Cal.Health & Safety Code D. 2, Ch. 3, Art. 9.5, Refs & Annos
Currentness
Editors' Notes
GENERAL NOTES
2016 Main Volume
<Article 9.5 was added by Stats.2014, c. 30 (S.B.856), § 6, eff. June 20, 2014.>
REPEAL
<For repeal of Article 9.5, see Health and Safety Code § 1567.70.>
West's Ann. Cal. Health & Safety Code D. 2, Ch. 3, Art. 9.5, Refs & Annos, CA HLTH & S D. 2, Ch. 3, Art. 9.5, Refs
& Annos
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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1
§ 1567.61. Definitions, CA HLTH & S § 1567.61
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 9.5. Enhanced Behavioral Supports Homes (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1567.61
§ 1567.61. Definitions
Effective: June 20, 2014
Currentness
As used in this article the following terms apply:
(a) “Consumer” or “client” means an individual who has been determined by a regional center to meet the eligibility
criteria of Section 4512 of the Welfare and Institutions Code and applicable regulations and for whom the regional center
has accepted responsibility.
(b) “Individual behavior supports plan” means the plan that identifies and documents the behavior and intensive support
and service needs of a consumer and details the strategies to be employed and services to be provided to address those
needs, and includes the entity responsible for providing those services and timelines for when each identified individual
behavior support will commence.
(c) “Individual behavior supports team” means those individuals who develop, monitor, and revise the individual
behavior supports plan for consumers residing in an enhanced behavioral supports home, pursuant to subdivision (d)
of Section 4684.80 of the Welfare and Institutions Code.
Credits
(Added by Stats.2014, c. 30 (S.B.856), § 6, eff. June 20, 2014.)
Editors' Notes
REPEAL
<For repeal of Article 9.5, see Health and Safety Code § 1567.70.>
West's Ann. Cal. Health & Safety Code § 1567.61, CA HLTH & S § 1567.61
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
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1
§ 1567.62. Licensure of enhanced behavioral supports..., CA HLTH & S § 1567.62
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 9.5. Enhanced Behavioral Supports Homes (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1567.62
§ 1567.62. Licensure of enhanced behavioral supports home as adult
residential facility or a group home; placement of dual agency clients
Effective: January 1, 2016
Currentness
(a) Each enhanced behavioral supports home shall be licensed as an adult residential facility or a group home and certified
by the State Department of Developmental Services.
(b) A certificate of program approval issued by the State Department of Developmental Services shall be a condition of
licensure for the enhanced behavioral supports home by the State Department of Social Services.
(c) An enhanced behavioral supports home shall not be licensed by the State Department of Social Services until the
certificate of program approval, granted by the State Department of Developmental Services, has been received.
(d) Placements of dual agency clients into enhanced behavioral supports homes that are licensed as group homes shall
be subject to the limitations on the duration of the placement set forth in Sections 319.2 and 319.3 of, and subparagraph
(A) of paragraph (8) and subparagraph (A) of paragraph (9) of subdivision (e) of Section 361.2 of, the Welfare and
Institutions Code.
(e) For the purpose of this article, dual agency clients are foster children in temporary custody of the child welfare agency
under Section 319 of the Welfare and Institutions Code or under the jurisdiction of the juvenile court pursuant to Section
300, 450, 601, or 602 of the Welfare and Institutions Code who are also either a consumer of regional center services,
or who are receiving services under the California Early Intervention Services Act (Title 14 (commencing with Section
95000) of the Government Code) but who are under three years of age and have not yet been determined to have a
developmental disability.
(f) The State Department of Social Services is not responsible for any of the following:
(1) Developing and approving a consumer's individual behavior supports plan in conjunction with the consumer's
individual behavior supports team.
(2)(A) Oversight of any services that may be provided by a licensed health professional or licensed mental health
professional to a consumer.
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1
§ 1567.62. Licensure of enhanced behavioral supports..., CA HLTH & S § 1567.62
(B) Services provided by a licensed health or licensed mental health professional means services that may only be provided
under the authority of the licensed health service provider's or licensed mental health service provider's professional
license.
(g) Subdivision (f) does not limit the State Department of Social Services' ability to enforce Chapter 3 (commencing with
Section 1500), and applicable regulations.
Credits
(Added by Stats.2014, c. 30 (S.B.856), § 6, eff. June 20, 2014. Amended by Stats.2015, c. 303 (A.B.731), § 276, eff. Jan.
1, 2016.)
Editors' Notes
REPEAL
<For repeal of Article 9.5, see Health and Safety Code § 1567.70.>
West's Ann. Cal. Health & Safety Code § 1567.62, CA HLTH & S § 1567.62
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 1567.63. Submission of facility program plan by license..., CA HLTH & S § 1567.63
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 9.5. Enhanced Behavioral Supports Homes (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1567.63
§ 1567.63. Submission of facility program plan by license applicant; approval
Effective: June 20, 2014
Currentness
The license applicant shall submit a facility program plan to the State Department of Developmental Services for
approval and submit the approved plan to the State Department of Social Services as part of the facility plan of operation.
The plan of operation shall be approved by the State Department of Social Services prior to licensure.
Credits
(Added by Stats.2014, c. 30 (S.B.856), § 6, eff. June 20, 2014.)
Editors' Notes
REPEAL
<For repeal of Article 9.5, see Health and Safety Code § 1567.70.>
West's Ann. Cal. Health & Safety Code § 1567.63, CA HLTH & S § 1567.63
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 1567.64. Adoption of regulations; training requirements, CA HLTH & S § 1567.64
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 9.5. Enhanced Behavioral Supports Homes (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1567.64
§ 1567.64. Adoption of regulations; training requirements
Effective: June 20, 2014
Currentness
The State Department of Social Services shall adopt regulations to address, at a minimum, staffing structure, staff
qualifications, and training. Training requirements shall include a minimum of 16 hours of emergency intervention
training. “Emergency intervention training” means the techniques the licensee will use to prevent injury to, and maintain
safety for, consumers who are a danger to themselves or others and shall emphasize positive behavioral supports and
techniques that are alternatives to physical restraints.
Credits
(Added by Stats.2014, c. 30 (S.B.856), § 6, eff. June 20, 2014.)
Editors' Notes
REPEAL
<For repeal of Article 9.5, see Health and Safety Code § 1567.70.>
West's Ann. Cal. Health & Safety Code § 1567.64, CA HLTH & S § 1567.64
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 1567.65. Urgent action to protect consumer residing in..., CA HLTH & S § 1567.65
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 9.5. Enhanced Behavioral Supports Homes (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1567.65
§ 1567.65. Urgent action to protect consumer residing in enhanced behavioral
supports home; removal of consumer; individual program plan meeting
Effective: June 20, 2014
Currentness
If the State Department of Social Services determines that urgent action is necessary to protect a consumer residing in
an enhanced behavioral supports home from physical or mental abuse, abandonment, or any other substantial threat
to their health and safety, the State Department of Social Services shall notify the State Department of Developmental
Services. The State Department of Developmental Services may request that the regional center or centers take action
within 24 hours, which may include, as appropriate, the removal of a consumer from the enhanced behavioral supports
home or obtaining alternative or additional services. When possible, an individual program plan (IPP) meeting shall be
convened to determine the appropriate action pursuant to this section. In any case, an IPP meeting shall be convened
within 30 days following an action pursuant to this section.
Credits
(Added by Stats.2014, c. 30 (S.B.856), § 6, eff. June 20, 2014.)
Editors' Notes
REPEAL
<For repeal of Article 9.5, see Health and Safety Code § 1567.70.>
West's Ann. Cal. Health & Safety Code § 1567.65, CA HLTH & S § 1567.65
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 1567.66. Enhanced behavioral supports home employing..., CA HLTH & S § 1567.66
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 9.5. Enhanced Behavioral Supports Homes (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1567.66
§ 1567.66. Enhanced behavioral supports home employing secured perimeters; regulations
Effective: June 20, 2014
Currentness
An enhanced behavioral supports home employing secured perimeters shall comply with Section 1531.15 and applicable
regulations.
Credits
(Added by Stats.2014, c. 30 (S.B.856), § 6, eff. June 20, 2014.)
Editors' Notes
REPEAL
<For repeal of Article 9.5, see Health and Safety Code § 1567.70.>
West's Ann. Cal. Health & Safety Code § 1567.66, CA HLTH & S § 1567.66
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 1567.67. Revocation of enhanced behavioral supports..., CA HLTH & S § 1567.67
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 9.5. Enhanced Behavioral Supports Homes (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1567.67
§ 1567.67. Revocation of enhanced behavioral supports home's
facility license; provision of documentation and evidentiary support
Effective: June 20, 2014
Currentness
(a) The State Department of Social Services shall revoke the enhanced behavioral supports home's facility license
if the State Department of Developmental Services has decertified an enhanced behavioral supports home program
certification pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and
Institutions Code.
(b) The State Department of Developmental Services and regional centers shall, for purposes of assisting in licensing,
provide the State Department of Social Services with all available documentation and evidentiary support that was
submitted to the State Department of Developmental Services in connection with certification by an applicant for
licensure under this article.
Credits
(Added by Stats.2014, c. 30 (S.B.856), § 6, eff. June 20, 2014.)
Editors' Notes
REPEAL
<For repeal of Article 9.5, see Health and Safety Code § 1567.70.>
West's Ann. Cal. Health & Safety Code § 1567.67, CA HLTH & S § 1567.67
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 1567.68. Filing of emergency regulations; emergency..., CA HLTH & S § 1567.68
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 9.5. Enhanced Behavioral Supports Homes (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1567.68
§ 1567.68. Filing of emergency regulations; emergency
regulations to implement this article; certificate of compliance
Effective: June 20, 2014
Currentness
(a) A license shall not be issued pursuant to this article before emergency regulations for this article filed by the State
Department of Developmental Services have been published.
(b) Emergency regulations to implement this article may be adopted by the director of the State Department of Social
Services in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part
1 of Division 3 of Title 2 of the Government Code). These regulations shall be developed in consultation with system
stakeholders. The initial adoption of the emergency regulations and one readoption of the initial regulations shall be
deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general
welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from
review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted
to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than
180 days.
(c) The adoption, initial amendment, repeal, or readoption of a regulation authorized by this section is deemed to be
an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare for
purposes of Sections 11346.1 and 11349.6 of the Government Code, and the State Department of Social Services is
hereby exempted from the requirement that it describe specific facts showing the need for immediate action. A certificate
of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first
emergency regulations filed pursuant to this section. The emergency regulations may be readopted and remain in effect
until approval of the certificate of compliance.
Credits
(Added by Stats.2014, c. 30 (S.B.856), § 6, eff. June 20, 2014.)
Editors' Notes
REPEAL
<For repeal of Article 9.5, see Health and Safety Code § 1567.70.>
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 1567.68. Filing of emergency regulations; emergency..., CA HLTH & S § 1567.68
West's Ann. Cal. Health & Safety Code § 1567.68, CA HLTH & S § 1567.68
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 1567.69. Suspension or revocation of the license of an..., CA HLTH & S § 1567.69
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 9.5. Enhanced Behavioral Supports Homes (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1567.69
§ 1567.69. Suspension or revocation of the license of an enhanced behavioral supports home
Effective: January 1, 2016
Currentness
This article does not interfere with the authority of the State Department of Social Services to temporarily suspend or
revoke the license of an enhanced behavioral supports home pursuant to Section 1550.
Credits
(Added by Stats.2014, c. 30 (S.B.856), § 6, eff. June 20, 2014. Amended by Stats.2015, c. 303 (A.B.731), § 277, eff. Jan.
1, 2016.)
Editors' Notes
REPEAL
<For repeal of Article 9.5, see Health and Safety Code § 1567.70.>
West's Ann. Cal. Health & Safety Code § 1567.69, CA HLTH & S § 1567.69
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 1567.70. Repeal, CA HLTH & S § 1567.70
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 9.5. Enhanced Behavioral Supports Homes (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1567.70
§ 1567.70. Repeal
Effective: June 20, 2014
Currentness
This article shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2020, deletes or extends that date.
Credits
(Added by Stats.2014, c. 30 (S.B.856), § 6, eff. June 20, 2014.)
West's Ann. Cal. Health & Safety Code § 1567.70, CA HLTH & S § 1567.70
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
D. 2, Ch. 3, Art. 9.7, Refs & Annos, CA HLTH & S D. 2, Ch. 3, Art. 9.7, Refs & Annos
West's Annotated California Codes
Health and Safety Code
Division 2. Licensing Provisions
Chapter 3. California Community Care Facilities Act
Article 9.7. Community Crisis Home Licensure
West's Ann.Cal.Health & Safety Code D. 2, Ch. 3, Art. 9.7, Refs & Annos
Currentness
Editors' Notes
GENERAL NOTES
2016 Main Volume
<Article 9.7 was added by Stats.2014, c. 30 (S.B.856), § 7, eff. June 20, 2014.>
West's Ann. Cal. Health & Safety Code D. 2, Ch. 3, Art. 9.7, Refs & Annos, CA HLTH & S D. 2, Ch. 3, Art. 9.7, Refs
& Annos
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 1567.80. Definitions, CA HLTH & S § 1567.80
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 9.7. Community Crisis Home Licensure (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1567.80
§ 1567.80. Definitions
Effective: June 20, 2014
Currentness
For the purposes of this article, the following definitions apply:
(a) “Consumer” or “client” means an individual who has been determined by a regional center to meet the eligibility
criteria of Section 4512 of the Welfare and Institutions Code and applicable regulations, and for whom the regional
center has accepted responsibility.
(b) “Individual behavior support plan” means the plan that identifies and documents the behavioral and intensive
support and service needs of a consumer and details the strategies to be employed, and services to be provided, to address
those needs, and includes the entity responsible for providing those services and timelines for when each identified
individual behavioral support will commence.
Credits
(Added by Stats.2014, c. 30 (S.B.856), § 7, eff. June 20, 2014.)
West's Ann. Cal. Health & Safety Code § 1567.80, CA HLTH & S § 1567.80
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 1567.81. Licensure of community crisis home as adult..., CA HLTH & S § 1567.81
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 9.7. Community Crisis Home Licensure (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1567.81
§ 1567.81. Licensure of community crisis home as adult
residential facility; certificate of program approval; enforcement
Effective: June 20, 2014
Currentness
(a)(1) Each community crisis home shall be licensed as an adult residential facility, pursuant to this article, and certified
by the State Department of Developmental Services, pursuant to Article 8 (commencing with Section 4698) of Chapter
6 of Division 4.5 of the Welfare and Institutions Code.
(2) Notwithstanding whether a community crisis home is licensed for more than six consumers, subdivisions (a) and (b)
of Section 1524.5 shall apply.
(b) A certificate of program approval issued by the State Department of Developmental Services, pursuant to Article 8
(commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, shall be a condition
of licensure for the community crisis home by the State Department of Social Services.
(c) A community crisis home shall not be licensed by the State Department of Social Services until the certificate of
program approval, issued by the State Department of Developmental Services, has been received.
(d) The State Department of Social Services shall not be responsible for any of the following:
(1) Developing and approving a consumer's individual behavior support plan in conjunction with the consumer's
individual behavior support team.
(2) Oversight of any services that may be provided by a licensed health or licensed mental health professional to a
consumer. “Services provided by a licensed health or licensed mental health professional” means services that may only
be provided under the authority of the licensed health or licensed mental health service provider's professional license.
(e) Subdivision (d) does not limit the State Department of Social Services' ability to enforce this chapter and applicable
regulations.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 1567.81. Licensure of community crisis home as adult..., CA HLTH & S § 1567.81
Credits
(Added by Stats.2014, c. 30 (S.B.856), § 7, eff. June 20, 2014.)
West's Ann. Cal. Health & Safety Code § 1567.81, CA HLTH & S § 1567.81
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 1567.82. Areas of regulation; training requirements, CA HLTH & S § 1567.82
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 9.7. Community Crisis Home Licensure (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1567.82
§ 1567.82. Areas of regulation; training requirements
Effective: June 20, 2014
Currentness
The State Department of Social Services' regulations shall address at least both of the following:
(a) Staffing structure, staff qualifications, and training.
(b) Training requirements shall include a minimum of 16 hours of emergency intervention training. “Emergency
intervention training” shall include the techniques the licensee will use to prevent injury and maintain safety regarding
consumers who are a danger to self or others and shall emphasize positive behavioral supports and techniques that are
alternatives to physical restraints.
Credits
(Added by Stats.2014, c. 30 (S.B.856), § 7, eff. June 20, 2014.)
West's Ann. Cal. Health & Safety Code § 1567.82, CA HLTH & S § 1567.82
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 1567.83. Urgent action to protect consumers residing in..., CA HLTH & S § 1567.83
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 9.7. Community Crisis Home Licensure (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1567.83
§ 1567.83. Urgent action to protect consumers residing in a
community crisis home; individual program plan meeting
Effective: June 20, 2014
Currentness
(a) When the State Department of Social Services determines that urgent action is necessary to protect consumers residing
in a community crisis home from physical or mental abuse, abandonment, or any other substantial threat to their health
and safety, the State Department of Social Services shall notify the State Department of Developmental Services. The
State Department of Developmental Services may request that the regional center or centers take action within 24 hours,
which may include, as appropriate, the removal of a consumer from the community crisis home or obtaining alternative
or additional services. When possible, an individual program plan (IPP) meeting shall be convened to determine the
appropriate action pursuant to this section. In any case, an IPP meeting shall be convened within 30 days following an
action pursuant to this section.
(b) Nothing in this article shall interfere with the authority of the State Department of Social Services to temporarily
suspend or revoke the license of a community crisis home pursuant to Section 1550.
Credits
(Added by Stats.2014, c. 30 (S.B.856), § 7, eff. June 20, 2014.)
West's Ann. Cal. Health & Safety Code § 1567.83, CA HLTH & S § 1567.83
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 1567.84. Facility plan of operation; submission of facility..., CA HLTH & S § 1567.84
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 9.7. Community Crisis Home Licensure (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1567.84
§ 1567.84. Facility plan of operation; submission of facility program plan
Effective: June 20, 2014
Currentness
The licensee shall submit the facility program plan approved by the State Department of Developmental Services,
pursuant to Section 4698 of the Welfare and Institutions Code, to the State Department of Social Services as part of
the facility plan of operation. The plan of operation shall be approved by the State Department of Social Services prior
to licensure.
Credits
(Added by Stats.2014, c. 30 (S.B.856), § 7, eff. June 20, 2014.)
West's Ann. Cal. Health & Safety Code § 1567.84, CA HLTH & S § 1567.84
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 1567.85. Compliance with regulations, CA HLTH & S § 1567.85
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 9.7. Community Crisis Home Licensure (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1567.85
§ 1567.85. Compliance with regulations
Effective: June 20, 2014
Currentness
If applicable, a community crisis home shall be in compliance with Section 1531.15 and the applicable regulations.
Credits
(Added by Stats.2014, c. 30 (S.B.856), § 7, eff. June 20, 2014.)
West's Ann. Cal. Health & Safety Code § 1567.85, CA HLTH & S § 1567.85
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 1567.86. Revocation of community crisis home's facility..., CA HLTH & S § 1567.86
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 9.7. Community Crisis Home Licensure (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1567.86
§ 1567.86. Revocation of community crisis home's facility
license; provision of documentation and evidentiary support
Effective: June 20, 2014
Currentness
(a) The State Department of Social Services shall revoke the community crisis home's facility license if the State
Department of Developmental Services has rescinded a community crisis home's certificate of program approval.
(b) The State Department of Developmental Services and regional centers shall provide the State Department of
Social Services all available documentation and evidentiary support necessary for the licensing and administration of
community crisis homes and enforcement of this article and the applicable regulations.
Credits
(Added by Stats.2014, c. 30 (S.B.856), § 7, eff. June 20, 2014.)
West's Ann. Cal. Health & Safety Code § 1567.86, CA HLTH & S § 1567.86
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 1567.87. Licenses issued after publication of emergency..., CA HLTH & S § 1567.87
West's Annotated California Codes
Health and Safety Code (Refs & Annos)
Division 2. Licensing Provisions (Refs & Annos)
Chapter 3. California Community Care Facilities Act (Refs & Annos)
Article 9.7. Community Crisis Home Licensure (Refs & Annos)
West's Ann.Cal.Health & Safety Code § 1567.87
§ 1567.87. Licenses issued after publication of emergency regulations;
adoption of emergency regulations; certificate of compliance
Effective: June 20, 2014
Currentness
(a) A license shall not be issued pursuant to this article until the publication in Title 17 of the California Code of
Regulations of emergency regulations filed by the State Department of Developmental Services pursuant to Section
4698.1 of the Welfare and Institutions Code.
(b) Emergency regulations to implement this article may be adopted by the Director of Social Services in accordance
with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code). These emergency regulations shall be developed in consultation with system stakeholders.
The initial adoption of the emergency regulations and one readoption of the initial regulations shall be deemed to be
an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by
the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office
of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.
(c) The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to be an
emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for
purposes of Sections 11346.1 and 11349.6 of the Government Code, and the State Department of Social Services is
hereby exempted from the requirement that it describe specific facts showing the need for immediate action. A certificate
of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first
emergency regulations filed pursuant to this section. The emergency regulations may be readopted and remain in effect
until approval of the certificate of compliance.
Credits
(Added by Stats.2014, c. 30 (S.B.856), § 7, eff. June 20, 2014.)
West's Ann. Cal. Health & Safety Code § 1567.87, CA HLTH & S § 1567.87
Current with all laws through Ch. 1016 of 2018 Reg.Sess., and all propositions on 2018 ballot.
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 500. Application of Subchapter., 9 CA ADC § 500
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 1. Application
9 CCR § 500
§ 500. Application of Subchapter.
Subchapter 3 shall apply to Community Mental Health Services and Local Mental Health Services as defined in and for
which state reimbursement is claimed under the provisions of Part 2 of Division 5 of the Welfare and Institutions Code.
Note: Authority cited: Section 5750, Welfare and Institutions Code. Reference: Section 5750, Welfare and Institutions
Code.
HISTORY
1. Repealer of Subchapter 3, Community Mental Health Services under the Short-Doyle Act, and Subchapter 3,
Community Mental Health Services, and new Subchapter 3, Community Mental Health Services under the Short-Doyle
Act (Sections 500, 501, 510-517, 520-527, 540-552, 560-563, 580-583, 600, 601, 620, 620.1, 621-630, 640-642, 660-663,
680, 690, 691, 700, 710-716, 730, 740-742, 750, 760, 761, 770-772) filed 5-21-69; all designated effective 7-1-69, except
sections 580 and 581, designated effective on thirtieth day after filing (Register 69, No. 21). For prior history, see Register
68, No. 27.
2. Editorial correction of Note filed 10-26-82 (Register 82, No. 44).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 500, 9 CA ADC § 500
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 501. Section Headings. [Repealed], 9 CA ADC § 501
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 1. Application
9 CCR § 501
§ 501. Section Headings. [Repealed]
HISTORY
1. Repealer filed 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 501, 9 CA ADC § 501
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 510. Act., 9 CA ADC § 510
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 2. Definitions
9 CCR § 510
§ 510. Act.
“Act” means Part 2 of Division 5 of the Welfare and Institutions Code, known as the Short-Doyle Act.
Note: Authority cited: Section 5750, Welfare and Institutions Code. Reference: Sections 5600 and 5750, Welfare and
Institutions Code.
HISTORY
1. Editorial correction adding Note filed 10-26-82 (Register 82, No. 44).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 510, 9 CA ADC § 510
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 511. Local Director., 9 CA ADC § 511
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 2. Definitions
9 CCR § 511
§ 511. Local Director.
“Local director” means the administrator or director of the Local Mental Health Service appointed by the governing
body.
Note: Authority cited: Sections 5607, 5751 and 5751.1, Welfare and Institutions Code. Reference: Sections 5607 and
5650, Welfare and Institutions Code.
HISTORY
1. Editorial correction adding Note filed 10-26-82 (Register 82, No. 44).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 511, 9 CA ADC § 511
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 512. Local Mental Health Service., 9 CA ADC § 512
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 2. Definitions
9 CCR § 512
§ 512. Local Mental Health Service.
“Local Mental Health Service” means community mental health services established under the Short-Doyle Act.
Note: Authority cited: Section 5750, Welfare and Institutions Code. Reference: Section 5602, Welfare and Institutions
Code.
HISTORY
1. Editorial correction adding Note filed 10-26-82 (Register 82, No. 44).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 512, 9 CA ADC § 512
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 513. Department., 9 CA ADC § 513
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 2. Definitions
9 CCR § 513
§ 513. Department.
“Department” means the Department of Health Care Services.
Note: Authority cited: Section 4005.1, 4005.6, 5750, 10725 and 14700, Welfare and Institutions Code. Reference: Sections
4011 and 5750, Welfare and Institutions Code.
HISTORY
1. Amendment filed 6-29-73 as an emergency; designated effective 6-30-73 (Register 73, No. 26).
2. Certificate of Compliance filed 10-24-73 (Register 73, No. 43).
3. Amendment filed 6-30-78 as an emergency; designated effective at 11:59 p.m. on 6-30-78 (Register 78, No. 26).
4. Certificate of Compliance transmitted to OAH 10-27-78; filed 10-31-78 (Register 78, No. 44).
5. Editorial correction of NOTE filed 10-26-82 (Register 82, No. 44).
6. Change without regulatory effect amending section and Note filed 8-26-2015 pursuant to section 100, title 1, California
Code of Regulations (Register 2015, No. 35).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 513, 9 CA ADC § 513
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 514. May, Shall and Should., 9 CA ADC § 514
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 2. Definitions
9 CCR § 514
§ 514. May, Shall and Should.
“May” is permissive. “Shall” is mandatory. “Should” means desirable.
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 514, 9 CA ADC § 514
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 515. General Hospital. [Repealed], 9 CA ADC § 515
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 2. Definitions
9 CCR § 515
§ 515. General Hospital. [Repealed]
HISTORY
1. Repealer filed 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 515, 9 CA ADC § 515
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 516. Psychiatric Hospital. [Repealed], 9 CA ADC § 516
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 2. Definitions
9 CCR § 516
§ 516. Psychiatric Hospital. [Repealed]
HISTORY
1. Repealer filed 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 516, 9 CA ADC § 516
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 517. County Plan., 9 CA ADC § 517
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 2. Definitions
9 CCR § 517
§ 517. County Plan.
“County Plan” means the County Short-Doyle Plan which must be adopted by each county, or counties acting jointly,
in accordance with Section 5650 of the act.
Note: Authority cited: Sections 5650 and 5750, Welfare and Institutions Code. Reference: Sections 5651, 5651.1, 5651.2,
5651.5, 5651.7, 5652 and 5653, Welfare and Institutions Code.
HISTORY
1. Editorial correction adding NOTE filed 10-26-82 (Register 82, No. 44).
2. Editorial correction of History 1 (Register 95, No. 10).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 517, 9 CA ADC § 517
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 520. Establishment of Local Services. [Repealed], 9 CA ADC § 520
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3. General Provisions
9 CCR § 520
§ 520. Establishment of Local Services. [Repealed]
HISTORY
1. Repealer filed 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 520, 9 CA ADC § 520
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 521. Supervision by Local Director., 9 CA ADC § 521
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3. General Provisions
9 CCR § 521
§ 521. Supervision by Local Director.
The Local Director shall maintain general supervision over all Local Mental Health Services through direct operation of
the services or by written arrangement with the person or agency providing the service. Such arrangement shall permit
the Local Director to supervise and specify the kind, quality and amount of the services and criteria for determining
the persons to be served.
Note: Authority cited: Section 5750, Welfare and Institutions Code. Reference: Sections 5607, 5608, 5609 and 5609.5,
Welfare and Institutions Code.
HISTORY
1. Editorial correction adding Note filed 10-26-82 (Register 82, No. 44).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 521, 9 CA ADC § 521
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 522. Medical Responsibility., 9 CA ADC § 522
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3. General Provisions
9 CCR § 522
§ 522. Medical Responsibility.
A physician meeting the qualifications of Section 620 (a) shall assume responsibility for all those acts of diagnosis,
treatment, or prescribing or ordering of drugs which may only be performed by a licensed physician.
Note: Authority cited: Sections 5751 and 5751.1, Welfare and Institutions Code. Reference: Sections 5751 and 5751.1,
Welfare and Institutions Code.
HISTORY
1. Amendment filed 1-12-73; effective thirtieth day thereafter (Register 73, No. 2).
2. Editorial correction adding Note filed 10-26-82 (Register 82, No. 44).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 522, 9 CA ADC § 522
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 523. Contracts for Service., 9 CA ADC § 523
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3. General Provisions
9 CCR § 523
§ 523. Contracts for Service.
(a) Where a person or agency is providing treatment services for the Local Mental Health Service, the service shall be
provided through written agreement. The provider of services and the Local Mental Health Service shall comply with
the provisions of this subchapter.
(b) All applications to provide services by written agreement shall be made in writing to the Local Mental Health Director
within such time as is necessary to permit a thorough review by the Local Mental Health Director and such county
administrative officers as the board of supervisors may require to allow an orderly review, prior to the submission of
the annual county plan to the Department.
(c) When a treatment service being provided through written agreement is terminated during the fiscal year or a new
service is initiated, applications will be accepted to provide the service during the fiscal year if the Local Mental Health
Director desires to continue the service or to initiate a new service.
(d) In evaluating the applications of potential providers of service, the ocal Mental Health Director shall consider, but
not be limited to, the following characteristics to determine the appropriateness and desirability of the written agreement:
(1) Compatibility with county plan.
(2) Assurance of continuity of care to patients being served.
(3) Local availability, accessibility and degree of acceptability to population to be served.
(4) Unique service to target group of special importance.
(5) Appropriate business and administrative practices which show evidence of ability to comply with the Act's
requirements, regulations, accounting, reporting and auditing standards.
(6) Degree of citizens' participation in the planning and implementation of the proposed contract.
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1
§ 523. Contracts for Service., 9 CA ADC § 523
(7) Evidence of demonstrated competence and experience in the area of the program proposal.
(e) Written agreements shall be consummated in compliance with all local rules and regulations. All written agreements
shall be approved by the Local Mental Health Director or his or her designee and, when fully negotiated, a copy of such
written agreements shall be forwarded by the county to the Department to be filed with the annual county plan.
Note: Authority cited: Sections 5600.5 and 5750, Welfare and Institutions Code. Reference: Sections 5609.5, 5650 and
5651, Welfare and Institutions Code.
HISTORY
1. Amendment filed 12-8-72; effective thirtieth day thereafter (Register 72, No. 50).
2. Amendment filed 6-5-78; effective thirtieth day thereafter (Register 78, No. 23).
3. Change without regulatory effect of subsections (b) and (e) (Register 88, No. 3).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 523, 9 CA ADC § 523
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 524. Fee Schedules., 9 CA ADC § 524
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3. General Provisions
9 CCR § 524
§ 524. Fee Schedules.
Fees for service to an individual shall be charged in accordance with the ability of the patient or responsible relative to
pay, but not in excess of actual costs. Fees shall be charged in accordance with a uniform fee schedule adopted by the
Director of the Department pursuant to this Act.
Note: Authority cited: Sections 5750, 10725 and 14700, Welfare and Institutions Code. Reference: Sections 5709 and
5710, Welfare and Institutions Code.
HISTORY
1. Change without regulatory effect (Register 88, No. 3).
2. Change without regulatory effect amending section and Note filed 8-26-2015 pursuant to section 100, title 1, California
Code of Regulations (Register 2015, No. 35).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 524, 9 CA ADC § 524
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 525. Auxiliary Personnel., 9 CA ADC § 525
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3. General Provisions
9 CCR § 525
§ 525. Auxiliary Personnel.
Each Local Mental Health Service should have sufficient clerical personnel, and such accounting and statistical assistance
as may be necessary to maintain adequate records.
Note: Authority cited: Section 5751, Welfare and Institutions Code. Reference: Section 5751, Welfare and Institutions
Code.
HISTORY
1. Editorial correction adding Note filed 10-26-82 (Register 82, No. 44).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 525, 9 CA ADC § 525
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 526. Admission Policies., 9 CA ADC § 526
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3. General Provisions
9 CCR § 526
§ 526. Admission Policies.
Each Local Mental Health Service shall have admission policies which shall be in writing and available to the public.
Such policies shall include a provision that patients will be accepted for care without unlawful discrimination on the basis
of ethnic group identification, color, religion, age, sex, physical or mental disability. This section shall apply to services
provided by contract as well as those provided directly by the Local Mental Health Service.
Note: Authority cited: Section 11138, Government Code; and Section 5750, Welfare and Institutions Code. Reference:
Section 11135, Government Code; and Selection 5325.1, Welfare and Institutions Code.
HISTORY
1. Change without regulatory effect (Register 88, No.3).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 526, 9 CA ADC § 526
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 527. Discriminatory Practices., 9 CA ADC § 527
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3. General Provisions
9 CCR § 527
§ 527. Discriminatory Practices.
The Local Mental Health Service shall not employ unlawful discriminatory practices in the admission of patients,
assignment of accommodations, employment of personnel, or in any other respect on the basis of color, religion,age,
sex, or physical or mental disability. This section shall apply to services provided by contract as well as those provided
directly by the Local Mental Health Service.
Note: Authority cited: Section 11138, Government Code; and Section 5750, Welfare and Institutions Code. Reference:
Section 11135, Government Code; and Section 5325.1, Welfare and Institutions Code.
HISTORY
1. Change without regulatory effect (Register 88, No. 3).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 527, 9 CA ADC § 527
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 529. Mental Health Advisory Board Composition., 9 CA ADC § 529
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3. General Provisions
9 CCR § 529
§ 529. Mental Health Advisory Board Composition.
(a) The composition of the Mental Health Advisory Board shall reflect the minority populations found in the county.
(b) Each county shall indicate in the county mental health plan the minority group affiliations of current board members.
(c) Each county shall describe in the plan efforts being made to place presently unrepresented and under-represented
minority group members on the Board, including a timetable to achieve equitable representation.
(d) Each county may reimburse mental health advisory board members for reasonable expenses incurred incident to
the performance of their official duties and responsibilities. Such expenses may include travel, lodging, child care, and
meals for the members of the advisory board while on official business as may be approved by the director of the local
mental health program.
Note: Authority cited: Sections 5604, 5604.5, 5606.1, 5715, and 5750, Welfare and Institutions Code. Reference: Sections
5604, 5604.5, 5606, 5606.1, 5606.2, and 5715, Welfare and Institutions Code.
HISTORY
1. New section filed 12-20-79; effective thirtieth day thereafter (Register 79, No. 51).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 529, 9 CA ADC § 529
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 530. Mental Health Advisory Board Committee Composition., 9 CA ADC § 530
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3. General Provisions
9 CCR § 530
§ 530. Mental Health Advisory Board Committee Composition.
(a) The composition of various standing committees and other advisory groups addressed in the county mental health
plan whose function it is to assist and advise the County Mental Health Advisory Board shall reflect the minority
populations found in the county.
(b) Each county mental health plan submitted to the Department shall list the standing committees of and advisory
groups to the County Mental Health Advisory Board that have participated in the development of the county mental
health plan. The minority group affiliations of current committee and group members shall be listed.
(c) The Department shall waive all or part of the requirements of this section where it is agreed by the Department and
the county that there is not a significant number of any minority group in the county.
Note: Authority cited: Sections 5750, 10725 and 14700, Welfare and Institutions Code. Reference: Sections 5604 and
5604.2, Welfare and Institutions Code.
HISTORY
1. New section filed 12-20-79; effective thirtieth day thereafter (Register 79, No. 51).
2. Change without regulatory effect amending subsection (b) and Note filed 8-26-2015 pursuant to section 100, title 1,
California Code of Regulations (Register 2015, No. 35).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 530, 9 CA ADC § 530
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 531. Program Standards and Requirements., 9 CA ADC § 531
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3.5. Standards for the Certification of Social Rehabilitation Programs
9 CCR § 531
§ 531. Program Standards and Requirements.
(a) To be certified as a Short-Term Crisis Residential Treatment Program, a program shall provide:
(1) Services as specified in either subsection (e) or (f) of section 541 as an alternate to hospitalization for individuals
experiencing an acute psychiatric episode or crisis. The planned length of stay in the program shall be in accordance
with the client's assessed needs, but not to exceed thirty (30) days, unless circumstances require a longer length of
stay to ensure successful completion of the treatment plan and appropriate referral. The reasons for a length of stay
beyond thirty (30) days shall be documented in the client's case record. Under no circumstances may the length of
stay exceed three (3) months.
(2) Scheduling of staff which provides for at least two (2) staff members to be on duty 24 hours a day, seven (7)
days per week. If program design results in some clients not being in the facility during specific hours of the day,
scheduling adjustments may be made so that coverage is consistent with and related to the number and needs of
clients in the facility. During the night time hours, when clients are sleeping, only one of the two on duty staff
members need be awake, providing the program does not accept admissions at that time. There shall be a staffing
ratio of at least one (1) full-time equivalent direct service staff for each 1.6 clients served.
(b) To be certified as a Transitional Residential Treatment Program, a program shall provide:
(1) Services as specified in either subsection (h) or (i) of section 541 which shall provide a therapeutic environment
in which clients are supported in their efforts to acquire and apply interpersonal and independent living skills.
The program shall also assist the client in developing a personal community support system to substitute for
the program's supportive environment and to minimize the risk of hospitalization and enhance the capability
for independent living upon discharge from the program. The planned length of stay in the program shall be in
accordance with the client's assessed need, but not to exceed one (1) year; however, a length of stay not exceeding
a maximum total of 18 months is permitted to ensure successful completion of the treatment plan and appropriate
referral. The reasons for a length of stay beyond one (1) year shall be documented in the client's case record.
(2) Greater number of staff shall be present during times when there are greater numbers of clients in programmed
activities. Staff schedules shall be determined by the program based on the number of clients in the program during
specific hours of the day, level of care provided by the program, and the range of services provided within the facility.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 531. Program Standards and Requirements., 9 CA ADC § 531
At least one staff member shall be present at any time there are clients at the facility. There shall be a staffing ratio of
at least one (1) full-time equivalent direct service staff for each 2.5 clients served. All scheduled hours in the facility shall
be considered part of this required full-time equivalent staffing ratio.
(c) To be certified as a Long-Term Residential Treatment Program, a program shall provide:
(1) Services as specified in subsection (j) of section 541 in order to provide a 24-hour therapeutic residential
setting with a full range of social rehabilitation services, as defined in section 532 of these regulations, including
day programming for individuals who require intensive support in order to avoid long-term hospitalization or
institutionalization. The planned length of stay shall be in accordance with the client's assessed needs but under no
circumstances may that length of stay be extended beyond eighteen (18) months.
(2) Scheduling of staff which provides for the maximum number of staff to be present during the times when clients
are engaged in structured activities. At least one direct service staff shall be on the premises 24-hours a day, seven
(7) days per week. Additional staff, including part-time or consulting services staff, shall be on duty during program
hours to provide specialized services and structured evening services. When only one staff member is on the premises
there shall be staff on call who can be contacted by telephone if an additional staff person is needed, and can be at
the facility and on duty within 60 minutes after being contacted. There shall be a staffing ratio of at least one (1)
full-time equivalent direct service staff member for each 2.8 clients served.
(d) “Direct service staff” shall mean employees whose duties include the treatment, training, care and/or supervision of
the program's clients.
Note: Authority cited: Sections 4090 and 14700, Welfare and Institutions Code. Reference: Sections 4090, 4091, 5670,
5670.5 and 5671, Welfare and Institutions Code.
HISTORY
1. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
2. Change without regulatory effect amending Note filed 8-12-2014 pursuant to section 100, title 1, California Code of
Regulations (Register 2014, No. 33).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 531, 9 CA ADC § 531
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 532. Service Requirements., 9 CA ADC § 532
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3.5. Standards for the Certification of Social Rehabilitation Programs
9 CCR § 532
§ 532. Service Requirements.
(a) Structured day and evening services shall be available seven (7) days a week. Services in all programs shall include,
but not be limited to:
(1) Individual and group counseling;
(2) Crisis intervention;
(3) Planned activities;
(4) Counseling, with available members of the client's family, when indicated in the client's treatment/rehabilitation
plan;
(5) The development of community support systems for clients to maximize their utilization of non-mental health
community resources;
(6) Pre-vocational or vocational counseling;
(7) Client advocacy, including assisting clients to develop their own advocacy skills;
(8) An activity program that encourages socialization within the program and general community, and which links
the client to resources which are available after leaving the program; and,
(9) Use of the residential environment to assist clients in the acquisition, testing, and/or refinement of community
living and interpersonal skills.
(b) In addition to the services in subsection (a), Transitional Residential Treatment Programs shall provide services
which emphasize the development of vocational skills, and linkages to services offering transitional employment or job
placement.
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1
§ 532. Service Requirements., 9 CA ADC § 532
(c) In addition to the services in subsection (a), Long-Term Residential Treatment Programs shall provide pre-vocational
and vocational services. These services shall be designed to provide a continuum of vocational training and experience
including volunteer activities, supported employment, transitional employment and job placement. When any of these
vocational services are provided by outside agencies or programs, written agreements or documented treatment plans
shall be developed consistent with the treatment goals and orientation of the program. Long-Term Residential Treatment
Programs shall also include provisions for special education services and learning disability assessment and remediation.
Note: Authority cited: Sections 4090 and 14700, Welfare and Institutions Code. Reference: Sections 4090, 4091, 5670,
5670.5 and 5671, Welfare and Institutions Code.
HISTORY
1. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
2. Change without regulatory effect amending Note filed 8-12-2014 pursuant to section 100, title 1, California Code of
Regulations (Register 2014, No. 33).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 532, 9 CA ADC § 532
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 532.1. Medical Requirements., 9 CA ADC § 532.1
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3.5. Standards for the Certification of Social Rehabilitation Programs
9 CCR § 532.1
§ 532.1. Medical Requirements.
Medical and psychiatric policies and practices of all programs shall be in writing and shall include, but not be limited to:
(a) A plan for the monitoring of medications by a person licensed to prescribe or dispense prescription drugs which will
include but not be limited to the name and qualifications of the person or persons who will conduct the monitoring, its
frequency and procedures;
(b) Screening for medical complications which may contribute to disability conducted by a physician, nurse practitioner
or physician's assistant and a plan for follow-up. The screening for medical complications shall occur within 30 calendar
days prior to, or after admission. If a client refuses a screening for medical complications, the program shall document
the refusal in the client case record.
(c) Client education, provided by program staff or consultants, about the role of medications and their potential side
effects, with the goal of enabling the client to become responsible for his or her own medication;
(d) Entries in client case records indicating all prescribed and non-prescribed medications;
(e) Provisions for program staff to discuss medication issues with a person licensed to prescribe or dispense prescription
drugs;
(f) Provisions for central storage of medication when necessary; and,
(g) Encouragement to clients, when part of the treatment/rehabilitation plan, to be personally responsible for holding,
managing and safeguarding all of their medications.
Note: Authority cited: Sections 4090 and 14700, Welfare and Institutions Code. Reference: Sections 4090, 4091, 5670,
5670.5 and 5671, Welfare and Institutions Code.
HISTORY
1. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 532.1. Medical Requirements., 9 CA ADC § 532.1
2. Change without regulatory effect amending Note filed 8-12-2014 pursuant to section 100, title 1, California Code of
Regulations (Register 2014, No. 33).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 532.1, 9 CA ADC § 532.1
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 532.2. Treatment/Rehabilitation Plan and Documentation..., 9 CA ADC § 532.2
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3.5. Standards for the Certification of Social Rehabilitation Programs
9 CCR § 532.2
§ 532.2. Treatment/Rehabilitation Plan and Documentation Requirements.
(a) Each program shall have an admission agreement, signed on entry by the client or an authorized representative and
program representative, describing the services to be provided and the expectations and rights of the client regarding
house rules, client involvement in the program, and fees. The client shall receive a copy of the signed admission agreement.
(b) There shall be a written assessment of each client on admission which includes at least:
(1) Health and psychiatric histories;
(2) Psychosocial skills;
(3) Social support skills;
(4) Current psychological, educational, vocational and other functional limitations;
(5) Medical needs, as reported; and,
(6) Meal planning, shopping and budgeting skills.
(c) The program and client shall together develop a written treatment/rehabilitation plan specifying goals and objectives
and the staff and client's responsibilities for their achievement. Clients shall be involved in an on-going review of progress
towards reaching established goals and be involved in the planning and evaluation of their treatment goals. The plan
shall contain at least the following elements:
(1) Statement of specific treatment needs and goals.
(2) Description of specific services to address identified treatment needs.
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1
§ 532.2. Treatment/Rehabilitation Plan and Documentation..., 9 CA ADC § 532.2
(3) Documentation of reviews by staff and client of the treatment/rehabilitation plan adhering to the following
schedule:
(A) Short-term Crisis Residential Treatment Program: at least weekly.
(B) Transitional Residential Treatment Program: at least once every 30 days.
(C) Long Term Residential Treatment Program: at least once every 60 days.
(4) Anticipated length of stay needed to accomplish identified goals, and methods to evaluate the achievement of
these goals.
(d) If an individual treatment/rehabilitation plan requires services to be provided by another program or agency, there
shall be documented evidence in the client's case record of communication between all persons responsible for carrying
out specific aspects of the treatment/rehabilitation plan.
(e) The agency or program shall arrange for clients to attend community programs when needs are identified in the
treatment/rehabilitation plan which cannot be met by the facility, but can be met in the community.
(f) There shall be a written discharge summary prepared by staff and client, which includes an outline of services provided,
goals accomplished, reason and plan for discharge, and referral follow-up plans.
(g) The admission assessment, treatment/rehabilitation plan, and discharge summary shall be prepared by staff who have
received training in the development and preparation of these documents.
(1) Training required to be provided by the facility shall include:
(A) A minimum of one hour of instruction on the development and preparation of the admission assessment.
(B) A minimum of one hour of instruction on the development and preparation of the treatment/rehabilitation plan.
(C) A minimum of one hour of instruction on the development and preparation of the discharge summary.
(D) Subject matter for all training provided for in this subsection shall include the expected content of
documentation, methods used to prepare the document, timeframes for completion of documentation, and
consultative sources to be utilized in preparing the document.
(2) Training provided for in this subsection shall consist of one or more of the following presentation methods:
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2
§ 532.2. Treatment/Rehabilitation Plan and Documentation..., 9 CA ADC § 532.2
(A) Formal classroom instruction;
(B) Oral presentation;
(C) Videotape, film, or audiovisual presentation;
(D) Audiotape presentation; or
(E) Performing the duties, on the job, under the direct supervision of the instructor.
Note: Authority cited: Sections 4090 and 14700, Welfare and Institutions Code. Reference: Sections 4090, 4091, 5670,
5670.5 and 5671, Welfare and Institutions Code.
HISTORY
1. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
2. Change without regulatory effect amending Note filed 8-12-2014 pursuant to section 100, title 1, California Code of
Regulations (Register 2014, No. 33).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 532.2, 9 CA ADC § 532.2
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 532.3. Admission/Discharge Criteria., 9 CA ADC § 532.3
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3.5. Standards for the Certification of Social Rehabilitation Programs
9 CCR § 532.3
§ 532.3. Admission/Discharge Criteria.
(a) Admission and discharge criteria of all programs shall be written and consistent with program goals.
The program's exclusionary criteria shall also be written and clearly defined.
(b) The program shall have written policies and procedures for orienting new clients to the service.
(c) The range of services provided shall be discussed prior to admission with the prospective client or an authorized
representative so that the program's services are clearly understood.
Note: Authority cited: Sections 4090 and 14700, Welfare and Institutions Code. Reference: Sections 4090, 4091, 5670,
5670.5 and 5671, Welfare and Institutions Code.
HISTORY
1. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
2. Change without regulatory effect amending Note filed 8-12-2014 pursuant to section 100, title 1, California Code of
Regulations (Register 2014, No. 33).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 532.3, 9 CA ADC § 532.3
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 532.4. Client Involvement Requirements., 9 CA ADC § 532.4
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3.5. Standards for the Certification of Social Rehabilitation Programs
9 CCR § 532.4
§ 532.4. Client Involvement Requirements.
(a) Clients shall be involved in the development and implementation of his/her treatment/rehabilitation plan.
(b) Clients shall be involved, depending on capability, in the operation of the household. This shall include participation
in the formulation and monitoring of house rules, as well as in the daily operation of the facility, including but not limited
to cooking, cleaning, menu planning and activity planning.
(c) Clients shall be encouraged to participate in program evaluations and reviews.
Note: Authority cited: Sections 4090 and 14700, Welfare and Institutions Code. Reference: Sections 4090, 4091, 5670,
5670.5 and 5671, Welfare and Institutions Code.
HISTORY
1. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
2. Change without regulatory effect amending Note filed 8-12-2014 pursuant to section 100, title 1, California Code of
Regulations (Register 2014, No. 33).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 532.4, 9 CA ADC § 532.4
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 532.5. Physical Environmental Requirements., 9 CA ADC § 532.5
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3.5. Standards for the Certification of Social Rehabilitation Programs
9 CCR § 532.5
§ 532.5. Physical Environmental Requirements.
(a) Programs shall meet the facility requirements of section 5670.5(a) of the Welfare and Institutions Code.
(b) Program location shall allow for access by clients to community resources and public transportation.
Note: Authority cited: Sections 4090 and 14700, Welfare and Institutions Code. Reference: Sections 4090, 4091, 5670,
5670.5 and 5671, Welfare and Institutions Code.
HISTORY
1. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
2. Change without regulatory effect amending subsection (a) and Note filed 8-12-2014 pursuant to section 100, title 1,
California Code of Regulations (Register 2014, No. 33).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 532.5, 9 CA ADC § 532.5
End of Document
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1
§ 532.6. Staff Characteristics, Qualifications and Duty Requirements., 9 CA ADC § 532.6
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3.5. Standards for the Certification of Social Rehabilitation Programs
9 CCR § 532.6
§ 532.6. Staff Characteristics, Qualifications and Duty Requirements.
(a) Programs shall meet the staffing requirements of section 5670.5(b) of the Welfare and Institutions Code.
(b) The program shall document the use of multi- disciplinary professional consultation and staff when necessary to meet
the specific diagnostic and treatment needs of the clients.
(c) Paraprofessionals and persons who have been consumers of mental health services shall be utilized in the program
when consistent with the program design and services provided.
(d) All social rehabilitation facilities shall have a program director.
(e) The program director shall be on the premises the number of hours necessary to manage and administer the program
component of the facility in compliance with applicable laws and regulations.
(f) The program director of a certified Short-Term Crisis Residential Treatment Program shall have the following
qualifications prior to employment.
(1) A Bachelor's Degree in Psychology, Social Work or any other major which includes at least 24 semester college
units in one or more of the following subject areas:
(A) Psychology
(B) Social Work
(C) Sociology
(D) Behavioral Sciences
(E) Psychiatric Nursing; and
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1
§ 532.6. Staff Characteristics, Qualifications and Duty Requirements., 9 CA ADC § 532.6
(2) Two (2) years of full-time work experience in a community program that serves clients who have a mental illness.
Such experience must be in the direct provision of services to clients, of which one (1) year must be in the position
of supervising direct care staff, or
(3) As an alternative to the Bachelor Degree and experience required in paragraph (1) and (2) of this subsection,
a total of four (4) years of experience in a community program providing direct services to persons with mental
disabilities, of which one (1) year must be in the position of supervising direct care staff, and graduation from high
school or possession of a GED may be substituted.
(g) The program director of a certified Transitional Residential Treatment Program or a certified Long-Term Residential
Treatment Program shall have the following qualifications prior to employment.
(1) A Bachelor's Degree in Psychology, Social Work or any other major which includes at least 24 semester college
units in one or more of the following subject areas:
(A) Psychology
(B) Social Work
(C) Sociology
(D) Behavioral Sciences
(E) Psychiatric Nursing; and
(2) One (1) year of full-time work experience in a community program that serves clients who have a mental illness.
Such experience must be in the direct provision of services to clients, of which four (4) months must be in a position
of supervising direct care staff.
(3) As an alternative to the Bachelor's Degree and experience required in paragraphs (1) and (2) of this subsection,
a total of three years of experience in providing direct services in the community to persons with mental illnesses,
of which six (6) months must be in a position of supervising direct care staff, and graduation from high school or
possession of a GED may be substituted.
(h) All direct care staff shall have graduated from high school or possess a GED and have a minimum of one (1) year
of full-time experience, or its part-time equivalent, working in a program serving persons with mental disabilities. Such
experience must be in the direct provision of services to clients. If the employee does not have the required experience,
the program shall document a specific plan of supervision and in-service training for the employee which will guarantee
the ongoing qualification of the employee to perform the job. The plan should include but not be limited to the frequency
and number of hours of training, the subjects to be covered, and a description of the supervision to be provided.
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2
§ 532.6. Staff Characteristics, Qualifications and Duty Requirements., 9 CA ADC § 532.6
(i) Program directors and all direct care staff of social rehabilitation programs as of the date that this section is adopted
shall be considered as meeting all of the requirements of this section until two (2) years after the effective date of this
section, at which time the requirements of this section shall be met in full.
(j) The program director must provide and document a specific plan of supervision and at least 20 hours of in-service
training per year for the employee to ensure the ongoing qualifications of the individual to perform the job.
Note: Authority cited: Sections 4090 and 14700, Welfare and Institutions Code. Reference: Sections 4090, 4091, 5670,
5670.5 and 5671, Welfare and Institutions Code.
HISTORY
1. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
2. Change without regulatory effect amending subsection (a) and Note filed 8-12-2014 pursuant to section 100, title 1,
California Code of Regulations (Register 2014, No. 33).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 532.6, 9 CA ADC § 532.6
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 533. Administrative Policies and Procedures., 9 CA ADC § 533
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3.5. Standards for the Certification of Social Rehabilitation Programs
9 CCR § 533
§ 533. Administrative Policies and Procedures.
(a) The organizational entity legally responsible for program administration, under applicable law and regulation, shall:
(1) Have written policies defining the purpose, goals, and services of the organization.
(2) Establish and maintain financial records in accordance with generally accepted accounting principles and an
annual budget.
(b) Each program shall be directed by a designated individual who is responsible for its overall administration and
management.
(c) Each residential program shall have an individual(s) designated as the administrator of the facility. The program
shall identify the qualifications, experience, skills, and knowledge required of an individual who is designated the facility
administrator. These requirements shall at least satisfy the minimum requirements established by the Community Care
Licensing Division of the Department of Social Services for this position.
(d) The agency or program shall have a financial plan of operation that is consistent with the goals and purpose of the
organization and in accordance with generally accepted accounting practices and legal requirements.
Note: Authority cited: Sections 4090 and 14700, Welfare and Institutions Code. Reference: Sections 4090, 4091, 5670,
5670.5 and 5671, Welfare and Institutions Code.
HISTORY
1. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
2. Change without regulatory effect amending Note filed 8-12-2014 pursuant to section 100, title 1, California Code of
Regulations (Register 2014, No. 33).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 533, 9 CA ADC § 533
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 533. Administrative Policies and Procedures., 9 CA ADC § 533
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 534. Program Certification., 9 CA ADC § 534
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3.5. Standards for the Certification of Social Rehabilitation Programs
9 CCR § 534
§ 534. Program Certification.
(a) All Social Rehabilitation Programs, as defined in section 5671 of the Welfare and Institutions Code, must be certified
by the Department of Health Care Services, or its delegated agent, prior to being licensed by the Department of Social
Services.
(1) The Department of Health Care Services shall provide written notice by certified mail to an applicant, within
30 calendar days of the receipt of the application for certification, that the application is complete and accepted
for filing, or that the application is deficient and shall specify the missing information required to complete the
application.
(2) The Department of Health Care Services shall approve or deny any application for certification within 60
calendar days of receipt of a completed application. The 60 days shall not begin until all information required for
certification is received. The Department of Health Care Services shall provide written notice to the applicant by
certified mail of its decision concerning the request for certification.
(b) All certified programs are also governed by the provisions in Title 22, division 6 General Licensing Requirement
section 80000 - 80088.
(c) All Social Rehabilitation Programs, defined in section 5671 of the Welfare and Institutions Code, must be recertified
on an annual basis by the Department of Health Care Services, or its delegated agent, prior to being issued a renewal
license by the Department of Social Services.
(d) The Department of Health Care Services, or its delegated agent, shall have the responsibility of conducting initial
and annual site visits for the purpose of certifying that programs are in compliance with the provisions of this article.
(e) The Department of Health Care Services, or its delegated agent, shall initiate an action to rescind the certification of
a program whenever a determination is made that the program is not in compliance with the provisions of this article.
(f) Actions initiated to withhold certification or to rescind certification shall be subject to notice and review in accordance
with section 535.
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1
§ 534. Program Certification., 9 CA ADC § 534
(g) The Department of Health Care Services shall provide the Department of Social Services any documents pertaining
to certification, recertification or decertification.
Note: Authority cited: Sections 4090 and 14700, Welfare and Institutions Code. Reference: Sections 4090, 4091, 5670,
5670.5 and 5671, Welfare and Institutions Code.
HISTORY
1. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
2. Change without regulatory effect amending section and Note filed 8-12-2014 pursuant to section 100, title 1, California
Code of Regulations (Register 2014, No. 33).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 534, 9 CA ADC § 534
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 535. Review Procedures., 9 CA ADC § 535
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3.5. Standards for the Certification of Social Rehabilitation Programs
9 CCR § 535
§ 535. Review Procedures.
(a) When the Department of Health Care Services or its delegated agent withholds or rescinds the certification of a
program, the program shall be given written notice of the action by certified mail. The notice shall be accompanied by
a written statement setting forth the reasons and justifications for the action including any documents or information
relied upon.
(b) A program may request review of an action to withhold or rescind certification by sending a written request for review
by certified mail to the Deputy Director, Mental Health and Substance Use Disorder Services, Department of Health
Care Services, P.O. Box 997413, MS 2703, Sacramento, California 95899-7413. A request for review must be postmarked
no later than fifteen (15) days after receipt of the notification required by subsection (a).
(c) A program requesting review in accordance with this section shall be responsible for submitting in writing all
documents, information, and arguments which the program wishes to be considered during the review. The documents,
information, and arguments which the program wishes to be considered may be submitted with the request for review
or sent separately by certified mail, but shall be postmarked no later than thirty (30) days after receipt of the notice
required in subsection (a).
(d) The Deputy Director, Mental Health and Substance Use Disorder Services, Department of Health Care Services
or a designee shall review the notice and written justification for the action required by subsection (a), the request for
review submitted by the program, and the documents, information and arguments submitted by the program. If deemed
necessary for completion of the review, the Deputy Director, Mental Health and Substance Use Disorder Services may
request clarification or additional information from the program.
(e) A proposed decision to either affirm or reverse the action to withhold or rescind the certification of the program shall
be prepared and submitted to the Director of the Department of Health Care Services.
(f) The Director of the Department of Health Care Services may adopt the proposed decision as written, order the
proposed decision rewritten, or direct that additional information be obtained.
(g) A proposed decision shall become final when adopted by the Director of the Department of Health Care Services.
Notice of the decision and a copy of the decision shall be sent to the program by certified mail. A decision adopted by
the Director of the Department of Health Care Services which affirms the action to withhold or rescind the certification
of the program shall become effective upon receipt by the program.
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1
§ 535. Review Procedures., 9 CA ADC § 535
Note: Authority cited: Sections 4090 and 14700, Welfare and Institutions Code. Reference: Sections 4090, 4091, 5670,
5670.5 and 5671, Welfare and Institutions Code.
HISTORY
1. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
2. Change without regulatory effect amending section and Note filed 8-12-2014 pursuant to section 100, title 1, California
Code of Regulations (Register 2014, No. 33).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 535, 9 CA ADC § 535
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 536. Waivers and Exceptions. [Repealed], 9 CA ADC § 536
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 3.5. Standards for the Certification of Social Rehabilitation Programs
9 CCR § 536
§ 536. Waivers and Exceptions. [Repealed]
Note: Authority cited: Section 5458.1, Welfare and Institutions Code. Reference: Sections 5450, 5453, 5454 and 5458,
Welfare and Institutions Code.
HISTORY
1. New section filed 6-5-91 as an emergency; operative 6-5-91 (Register 91, No. 28). A Certificate of Compliance must
be transmitted to OAL by 10-3-91 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 92, No. 39).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 536, 9 CA ADC § 536
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 540. Reimbursement Conditions., 9 CA ADC § 540
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 4. Services Subject to State Reimbursement
9 CCR § 540
§ 540. Reimbursement Conditions.
Subject to the provisions of the Act and of these regulations, state reimbursement will be made for expenditures for the
services described in this article.
Note: Authority cited: Sections 5705.1(a) and 5715, Welfare and Institutions Code. Reference: Sections 5401, 5651, 5705,
5712, 5714, 5714.1 and 5715, Welfare and Institutions Code.
HISTORY
1. Editorial correction adding Note filed 10-26-82 (Register 82, No. 44).
2. Amendment filed 8-23-83 as an emergency; effective upon filing (Register 83, No. 35). A Certificate of Compliance
must be transmitted to OAL within 180 days or emergency language will be repealed on 2-19-84.
3. Reinstatement of section as it existed prior to emergency amendment filed 8-23-83 by operation of Government Code
Section 11346.1(f) (Register 84, No. 15).
4. Amendment filed 2-27-84 as an emergency; effective upon filing (Register 84, No. 15). A Certificate of Compliance
must be transmitted to OAL within 180 days or emergency language will be repealed on 8-27-84.
5. Editorial correction of HISTORY Note No. 4 (Register 84, No. 28).
6. Editorial correction of Note and HISTORY Note No. 4 (Register 84, No. 34).
7. Certificate of Compliance transmitted to OAL 8-14-84 and filed 9-28-84 (Register 84, No. 37).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 540, 9 CA ADC § 540
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 541. 24-Hour Services., 9 CA ADC § 541
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 4. Services Subject to State Reimbursement
9 CCR § 541
§ 541. 24-Hour Services.
24-Hour Services mean services designed to provide a therapeutic environment of care and treatment within a residential
setting for adults and minors. Depending on the severity of the disorder, dangerousness to self or others, and the need
for related medical care, treatment is provided through one of the following service functions:
(a) State Hospital, or Developmental Center as specified in Section 4440.5 of the Welfare and Institutions Code, means a
health facility licensed pursuant to Section 1250 of the Health and Safety Code and operated by the Departments of State
Hospitals or Developmental Services, as defined in Welfare and Institutions Code sections 7200 and 7500, respectively,
and which provides treatment services for mentally disordered and developmentally disabled individuals.
(b) Local Hospital, which means an acute psychiatric hospital as defined in Section 1250 of the Health and Safety Code,
or a distinct acute psychiatric part of a general hospital as defined in Section 1250 of the Health and Safety Code which
is approved by the Department to provide psychiatric services.
(c) Psychiatric Health Facility, which means a health facility as defined in Section 1250.2 of the Health and Safety Code,
or such facility which has a waiver of licensure from the Department, which provides intensive care.
(d) Intensive Skilled Nursing Facility, which means a health facility as defined in Section 1250 of the Health and Safety
Code, and staffed to provide intensive psychiatric care.
(e) Short-Term-Crisis Residential Service (Less than 14 Days), which means a licensed residential community care facility
available for admissions 24-hours a day, 7 days a week, and staffed to provide crisis treatment as an alternative to
hospitalization. Admissions are generally limited to a stay of less than 14 days for voluntary patients without medical
complications requiring nursing care. Twenty-four hour capability for prescribing and supervising medication must be
available for patients requiring this level of care. The prescribing capability shall be provided by written agreement.
(f) Short-Term Crisis Residential Service (Less than 30 Days), which means a licensed residential community care facility
available for admissions 24-hours a day, 7 days a week, and staffed to provide mental health treatment services for
voluntary patients without medical complications requiring nursing care and who generally require an average stay of
14-30 days for crisis resolution or stabilization. Twenty-four hour capability for prescribing and supervising medication
must be available. The prescribing capability shall be provided by written agreement. Respite care, in accordance with
Welfare and Institutions Code, Chapter 5, up to a maximum of 30 days, may be provided within this definition.
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1
§ 541. 24-Hour Services., 9 CA ADC § 541
(g) Jail Inpatient Unit, which means a distinct unit within an adult or juvenile detention facility, designated by a County
Board of Supervisors pursuant to Section 5404 of the Welfare and Institutions Code and staffed to provide intensive
psychiatric treatment of inmates. Treatment services on the unit shall be under the control of the Local Mental Health
Director.
(h) Transitional Residential On-Site Service, which means a licensed residential community care facility, designed
to provide a comprehensive program of care consisting of a therapeutic residential community plus an all-inclusive
structured treatment and rehabilitation program for individuals recovering from an acute stage of illness who are
expected to move towards a more independent living situation, or higher level of functioning, within a 3-to-12-month
period.
(i) Transitional Residential Off-Site Service, which means a licensed residential community care facility, designed to
provide, for a 3-to-12-month period, a therapeutic residential community including a range of social rehabilitation
activities for individuals who are in remission from an acute stage of illness, and interim support to facilitate movement
towards the highest possible level of functioning. Individuals may receive day, outpatient and other treatment services
outside the transitional residence.
(j) Long-Term Services, which mean services provided in a variety of community facilities for individuals who require
care, supervision, resocialization, rehabilitation, and life-enrichment for up to 3 years. Consistent with individual level
of care needs, services shall be provided in skilled nursing facilities, intermediate care facilities, residential community
care facilities, or other similar facilities.
(k) Semi-Supervised Living Services, which mean services provided for persons living alone or together in small
cooperative housing units, who require support in case of emergencies, as well as regular assessment and evaluation
of the problems of daily living. Services may include provision of a rent subsidy. This service provides a transition to
independent living or an indefinite arrangement.
(l) Independent Living Services, which mean services, including psychological support and rent subsidy, if necessary,
provided to persons who require only minimal support to remain in the community.
Note: Authority cited: Sections 5750, 10725 and 14700, Welfare and Institutions Code. Reference: Sections 4000, 5600,
5600.4, 5600.5, 5600.6 and 5600.7, Welfare and Institutions Code.
HISTORY
1. Amendment filed 8-23-83 as an emergency; effective upon filing (Register 83, No. 35). A Certificate of Compliance
must be transmitted to OAL within 180 days or emergency language will be repealed on 2-19-84.
2. Reinstatement of section as it existed prior to emergency amendment filed 8-23-83 by operation of Government Code
Section 11346.1(f) (Register 84, No. 15).
3. Amendment filed 2-27-84 as an emergency; effective upon filing (Register 84, No. 15). A Certificate of Compliance
must be transmitted to OAL within 180 days or emergency language will be repealed on 8-27-84.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 541. 24-Hour Services., 9 CA ADC § 541
4. Editorial correction of HISTORY NOTE No. 3 (Register 84, No. 28).
5. Editorial correction of HISTORY NOTE No. 3 (Register 84, No. 34).
6. Certificate of Compliance including amendment transmitted to OAL 8-14-84 and filed 9-28-84 (Register 84, No. 39).
7. Change without regulatory effect amending subsections (a)-(b) and Note filed 8-26-2015 pursuant to section 100, title
1, California Code of Regulations (Register 2015, No. 35).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 541, 9 CA ADC § 541
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 542. Day Services., 9 CA ADC § 542
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 4. Services Subject to State Reimbursement
9 CCR § 542
§ 542. Day Services.
Day Services mean services designed to provide alternatives to 24-hour care and supplement other modes of treatment
and residential services. These service functions are the following:
(a) Day Care Intensive Services, which mean services designed and staffed to provide a multidisciplinary treatment
program of less than 24 hours per day as an alternative to hospitalization for patients who need active psychiatric
treatment for acute mental, emotional, or behavioral disorders and who are expected, after receiving these services, to be
referred to a lower level of treatment, or maintain the ability to live independently or in a supervised residential facility.
(b) Day Care Habilitative Services, which mean services designed and staffed to provide counseling and rehabilitation
to maintain or restore personal independence at the best possible functional level for the patient with chronic psychiatric
impairments who may live independently, semi-independently, or in a supervised residential facility which does not
provide this service.
(c) Vocational Services, which mean services designed to encourage and facilitate individual motivation and focus upon
realistic and obtainable vocational goals. To the extent possible, the intent is to maximize individual client involvement
in skill seeking and skill enhancement, with the ultimate goal of meaningful productive work.
(d) Socialization Services, which mean services designed to provide life-enrichment and social skill development for
individuals who would otherwise remain withdrawn and isolated. Activities should be gauged for multiple age groups,
be culturally relevant, and focus upon normalization.
Note: Authority cited: Section 5705.1, Welfare and Institutions Code. Reference: Section 5600, Welfare and Institutions
Code.
HISTORY
1. Amendment filed 8-23-83 as an emergency; effective upon filing (Register 83, No. 35). A Certificate of Compliance
must be transmitted to OAL within 180 days or emergency language will be repealed on 2-19-84.
2. Reinstatement of section as it existed prior to emergency amendment filed 8-23-83 by operation of Government Code
Section 11346.1(f) (Register 84, No. 15).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 542. Day Services., 9 CA ADC § 542
3. Amendment filed 2-27-84 as an emergency; effective upon filing (Register 84, No. 15). A Certificate of Compliance
must be transmitted to OAL within 180 days or emergency language will be repealed on 8-27-84.
4. Editorial correction of HISTORY Note No. 3 (Register 84, No. 34).
5. Certificate of Compliance including amendment transmitted to OAL 8-14-84 and filed 9-28-84 (Register 84, No. 39).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 542, 9 CA ADC § 542
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 543. Outpatient Services., 9 CA ADC § 543
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 4. Services Subject to State Reimbursement
9 CCR § 543
§ 543. Outpatient Services.
Outpatient Services mean services designed to provide short-term or sustained therapeutic intervention for individuals
experiencing acute or ongoing psychiatric distress. These service functions are the following:
(a) Collateral Services, which mean sessions with significant persons in the life of the patient, necessary to serve the
mental health needs of the patient.
(b) Assessment, which means services designed to provide formal documented evaluation or analysis of the cause
or nature of the patient's mental, emotional, or behavioral disorder. Assessment services are limited to an intake
examination, mental health evaluation, physical examination, and laboratory testing necessary for the evaluation and
treatment of the patient's mental health needs.
(c) Individual Therapy, which means services designed to provide a goal directed therapeutic intervention with the patient
which focuses on the mental health needs of the patient.
(d) Group Therapy, which means services designed to provide a goal directed, face-to-face therapeutic intervention with
the patient and one or more other patients who are treated at the same time, and which focuses on the mental health
needs of the patients.
(e) Medication, which includes the prescribing, administration, or dispensing of medications necessary to maintain
individual psychiatric stability during the treatment process. This service shall include evaluation of side effects and
results of medication.
(f) Crisis Intervention, which means immediate therapeutic response which must include a face-to-face contact with a
patient exhibiting acute psychiatric symptoms to alleviate problems which, if untreated, present an imminent threat to
the patient or others.
Note: Authority cited: Section 5705.1, Welfare and Institutions Code. Reference: Section 5600, Welfare and Institutions
Code.
HISTORY
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 543. Outpatient Services., 9 CA ADC § 543
1. Amendment filed 8-23-83 as an emergency; effective upon filing (Register 83, No. 35). A Certificate of Compliance
must be transmitted to OAL within 180 days or emergency language will be repealed on 2-19-84.
2. Reinstatement of section as it existed prior to emergency amendment filed 8-23-83 by operation of Government Code
Section 11346.1(f) (Register 84, No. 15).
3. Amendment filed 2-27-84 as an emergency; effective upon filing (Register 84, No. 15). A Certificate of Compliance
must be transmitted to OAL within 180 days or emergency language will be repealed on 8-27-84.
4. Certificate of Compliance including amendment transmitted to OAL 8-14-84 and filed 9-28-84 (Register 84, No. 39).
5. Editorial correction of HISTORY NOTE No. 3 (Register 84, No. 28).
6. Certificate of Compliance including amendment transmitted to OAL 8-14-84 and filed 9-28-84 (Register 84, No. 39).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 543, 9 CA ADC § 543
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 544. Emergency Services. [Repealed], 9 CA ADC § 544
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 4. Services Subject to State Reimbursement
9 CCR § 544
§ 544. Emergency Services. [Repealed]
HISTORY
1. Repealer filed 8-23-83 as an emergency; effective upon filing (Register 83, No. 35). A Certificate of Compliance must
be transmitted to OAL within 180 days or emergency language will be repealed on 2-19-84.
2. Reinstatement of section as it existed prior to emergency repealer filed 8-23-83 by operation of Government Code
Section 11346.1(f) (Register 84, No. 15).
3. Repealer filed 2-27-84 as an emergency; effective upon filing (Register 84, No. 15). A Certificate of Compliance must
be transmitted to OAL within 180 days or emergency language will be repealed on 8-27-84.
4. Editorial correction of HISTORY Note No. 3 (Register 84, No. 28).
5. Editorial correction of HISTORY Note No. 3 (Register 84, No. 34).
6. Cerificate of Compliance transmitted to OAL 8-14-84 and filed 9-28-84 (Register 84, No. 39).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 544, 9 CA ADC § 544
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 545. Outreach Services., 9 CA ADC § 545
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 4. Services Subject to State Reimbursement
9 CCR § 545
§ 545. Outreach Services.
Outreach Services, which means a program of services delivered to the community-at-large, special population groups,
human services agencies, and to individuals and families for whom there is no case record. The purposes of these services
are to: (1) enhance the mental health of the general population, (2) prevent the onset of mental health problems in
individuals and communities; and (3) assist those persons experiencing stress who are not reached by traditional mental
health treatment services to obtain a more adaptive level of functioning. Outreach program services are provided through
the following service functions:
(a) Mental Health Promotion, which means activities and projects directed toward:
(1) strengthening individuals' and communities' skills and abilities to cope with stressful life situations before the
onset of such events; and
(2) enhancing and expanding agencies' or organizations' mental health knowledge and skills in relation to the
community-at-large or special population groups.
(b) Community Client Services, which means activities directed toward:
(1) strengthening individuals' coping skills and abilities during a stressful life situation; and
(2) enhancing or expanding knowledge and skills of human services agency staff to handle the mental health
problems of particular clients.
Note: Authority cited: Section 5705.1, Welfare and Institutions Code. Reference: Section 5600, Welfare and Institutions
Code.
HISTORY
1. Amendment filed 8-23-83 as an emergency; effective upon filing (Register 83, No. 35). A Certificate of Compliance
must be transmitted to OAL within 180 days or emergency language will be repealed on 2-19-84.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 545. Outreach Services., 9 CA ADC § 545
2. Reinstatement of section as it existed prior to emergency amendment filed 8-23-83 by operation of Government Code
Section 11346.1(f) (Register 84, No. 15).
3. Amendment filed 2-27-84 as an emergency; effective upon filing (Register 84, No. 15). A Certificate of Compliance
must be transmitted to OAL within 180 days or emergency language will be repealed on 8-27-84.
4. Editorial correction of HISTORY Note No. 3 (Register 84, No. 28).
5. Editorial correction of HISTORY Note No. 3 (Register 84, No. 34).
6. Certificate of Compliance including amendment transmitted to OAL 8-14-84 and filed 9-28-84 (Register 84, No. 39).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 545, 9 CA ADC § 545
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 546. Diagnostic Services. [Repealed], 9 CA ADC § 546
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 4. Services Subject to State Reimbursement
9 CCR § 546
§ 546. Diagnostic Services. [Repealed]
HISTORY
1. Repealer filed 8-23-83 as an emergency; effective upon filing (Register 83, No. 35). A Certificate of Compliance must
be transmitted to OAL within 180 days or emergency language will be repealed on 2-19-84.
2. Reinstatement of section as it existed prior to emergency repealer filed 8-23-83 by operation of Government Code
Section 11346.1(f) (Register 84, No. 15).
3. Repealer filed 2-27-84 as an emergency; effective upon filing (Register 84, No. 15). A Certificate of Compliance must
be transmitted to OAL within 180 days or emergency language will be repealed on 8-27-84.
4. Editorial correction of HISTORY Note No. 3 (Register 84, No. 28).
5. Editorial correction of HISTORY Note No. 3 (Register 84, No. 34).
6. Certificate of Compliance transmitted to OAL 8-14-84 and filed 9-28-84 (Register 84, No. 39).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 546, 9 CA ADC § 546
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 547. Rehabilitative Services. [Repealed], 9 CA ADC § 547
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 4. Services Subject to State Reimbursement
9 CCR § 547
§ 547. Rehabilitative Services. [Repealed]
HISTORY
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5).
2. Repealer filed 8-23-83 as an emergency; effective upon filing (Register 83, No. 35). A Certificate of Compliance must
be transmitted to OAL within 180 days or emergency language will be repealed on 2-19-84.
3. Reinstatement of section as it existed prior to emergency repealer filed 8-23-83 by operation of Government Code
Section 11346.1(f) (Register 84, No. 15).
4. Repealer filed 2-27-84 as an emergency; effective upon filing (Register 84, No. 15). A Certificate of Compliance must
be transmitted to OAL within 180 days or emergency language will be repealed on 8-27-84.
5. Editorial correction of HISTORY Note No. 4 (Register 84, No. 28).
6. Editorial correction of HISTORY Note No. 4 (Register 84, No. 34).
7. Certificate of Compliance transmitted to OAL 8-14-84 and filed 9-28-84 (Register 84, No. 39).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 547, 9 CA ADC § 547
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 548. Continuing Care Services., 9 CA ADC § 548
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 4. Services Subject to State Reimbursement
9 CCR § 548
§ 548. Continuing Care Services.
Continuing Care Services, which means services designed and staffed to provide, directly or indirectly, the mental
health and other community-based assistance required to assure continuity of care and maintenance for adults and
minors whose mental or emotional disabilities preclude independent functioning. These services are provided through
the following:
(a) Case Management, which means services designed and staffed to provide continuity of care within the mental health
system, to prevent neglect or exploitation of the mentally disabled, and to the extent possible, to prevent rehospitalization.
The intent is to identify individuals in need, track and monitor progress and movement within the system, and to intervene
as needed, directly, or indirectly, to assure the availability and adequacy of treatment services and necessary mental
health social services.
(b) Conservatorship, which means services designed for the financial and personal protection of individuals deemed to
be gravely disabled under the provisions of the Act. Conservatorship services are:
(1) Conservatorship Investigation, which means services provided by a designated investigator or agency to collect,
assess, and document for the court of jurisdiction the psychosocial and financial information necessary to support
or deny a finding of grave disability consistent with established statutory criteria, evaluate the feasibility of
available alternatives to conservatorship, and make a recommendation to the court about conservatorship status
and continuing care needs.
(2) Conservatorship Administration, which means services provided by a designated conservator to manage a
conservatee's financial resources and to assure the availability and adequacy of necessary treatment services and
mental health social services.
Note: Authority cited: Section 5705.1, Welfare and Institutions Code. Reference: Section 5600, Welfare and Institutions
Code.
HISTORY
1. Editorial correction adding Note filed 10-26-82 (Register 82, No. 44).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 548. Continuing Care Services., 9 CA ADC § 548
2. Amendment filed 8-23-83 as an emergency; effective upon filing (Register 83, No. 35). A Certificate of Compliance
must be transmitted to OAL within 180 days or emergency language will be repealed on 2-19-84.
3. Reinstatement of section as it existed prior to emergency amendment filed 8-23-83 by operation of Government Code
Section 11346.1(f) (Register 84, No. 15).
4. Amendment filed 2-27-84 as an emergency; effective upon filing (Register 84, No. 15). A Certificate of Compliance
must be transmitted to OAL within 180 days or emergency language will be repealed on 8-27-84.
5. Editorial correction of HISTORY Note No. 4 (Register 84, No. 28).
6. Editorial correction of HISTORY Note No. 4 (Register 84, No. 34).
7. Certificate of Compliance including amendment transmitted to OAL 8-14-84 and filed 9-28-84 (Register 84, No. 39).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 548, 9 CA ADC § 548
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 549. Supplemental Residential Care Services., 9 CA ADC § 549
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 4. Services Subject to State Reimbursement
9 CCR § 549
§ 549. Supplemental Residential Care Services.
Supplemental Residential Care Services mean services designed to augment basic living and care services for mentally
disordered adults in licensed community care facilities, as defined in Section 1502 of the Health and Safety Code. These
supplemental services include, but are not limited to, supportive, supervisory, and rehabilitative services, as identified
in the client's service plan, and are provided in addition to the basic care and supervision required for licensure as a
community care facility. Supplemental services are intended to facilitate the movement of clients to less restrictive levels
of care.
(a) Facilities eligible to be certified for payment for supplemental services from county mental health programs shall be
licensed community care facilities authorized by the State Department of Social Services to provide care and supervision
to mentally disordered adults. Such facilities shall be certified for participation by the county, and services shall be
provided through written agreement. These facilities shall agree to:
(1) Cooperate with county staff in developing a facility program plan to meet the goals, objectives, and activities
outlined in the client's service plan subsequent to referral and authorization by the county. The service plan shall be
developed with the client and the facility administrator by the county's designated case manager.
(2) Participate in the county's training activities.
(3) Obtain a minimum of 20 hours of training per year for supervisory staff in relevant mental health programming,
certified by a recognized residential care association, or approved by the county.
(4) Maintain individual client records in accordance with county requirements.
(5) Allow access to the facility, to the extent authorized by law, by county and state staff for client assessment,
monitoring, record review, and consultation.
(6) Maintain the capability to meet the specialized needs of mentally disordered adults, as identified by the county
and in the facility's program plan.
(7) Participate in the county's management information system.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 549. Supplemental Residential Care Services., 9 CA ADC § 549
(b) Supplemental services shall consist of, but not be limited to, some but not necessarily all of the following components,
as specified in the client's service plan:
(1) Providing or arranging transportation to meet the client's mental health needs and for participation in planned
programs.
(2) Encouraging the client to take increasing responsibility for the client's own treatment by supporting selfestablished goals and the use of support and treatment system.
(3) Encouraging the client's use of public transportation, use of leisure time in a constructive manner, and
maintenance of adequate grooming.
(4) Assisting the client to learn social relationship skills, such as communication with others and the appropriate
expression of feelings.
(5) Participating with county staff in meetings in the facility.
(6) Assisting the client in developing skills of budgeting, personal shopping, monetary transactions, menu planning,
and shopping for,and the preparation of, basic meals.
(7) Assisting the client in becoming responsible for self-medication, as prescribed by the treating physician.
(8) Providing close supervision of, and intensive interactions with, clients who require the management of difficult
behavioral problems, consistent with the client's service plan.
The services described in paragraphs (1) and (5) of this subdivision shall constitute supplemental services only if
performed in conjunction with one or more services described in paragraphs (2), (3), (4), (6), (7) and (8).
(c) Clients who receive supplemental services shall be assessed and monitored by the county's designated case
management staff initially, and at least every 90 days thereafter, utilizing a standardized assessment procedure established
by the Department. This procedure shall be used to assist in the determination of the functional ability and programmatic
needs of mentally disordered clients, and the appropriate placement in facilities providing supplemental services.
(d) Each county shall apply for these funds within the county's Short-Doyle Plan in accordance with Section 5651 of
the Welfare and Institutions Code, or within proposals for negotiated net amount contracts in accordance with Section
5705.2(c) of the Welfare and Institutions Code. In applying for these funds within the Short-Doyle Plan or within
proposals for negotiated net amount contracts, the county shall describe a client monitoring system which is integrated
with case management services. The county shall also evaluate and certify facilities annually in accordance with the
criteria identified in Subsections (a) and (b).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 549. Supplemental Residential Care Services., 9 CA ADC § 549
(e) Rates of payment for supplemental services to clients shall be established in accordance with Section 4075 of the
Welfare and Institutions Code. The total amount of reimbursement to a county for providing supplemental services shall
be limited to the amount allocated to the county for such services in each fiscal year. Payment for supplemental services
shall only be made after facility certification and client assessment by the county.
(f) Reimbursement rates shall be fixed by the Department in accordance with Section 4075 of the Welfare and Institutions
Code, and shall not be subject to cost adjustment. Facilities providing supplemental services shall submit budgetary
data and claims for reimbursement, and report service and cost data to the county in the manner and form prescribed
by the county. The county shall provide the Department with service units and related cost data as required for fixed
(negotiated) rate services.
(g) The county may claim reimbursement for costs incurred in the administration of these services, subject to the
Department's approval, utilizing existing claiming procedures.
Note: Authority cited: Provisions 15 and 16, Item 4440-101-001, Budget Act of 1985 (Chapter 111 of the Statutes of
1985); and Section 4075, Welfare and Institutions Code. Reference: Sections 4076, 4077, 5600, 5675, 5676 and 5677,
Welfare and Institutions Code; and Section 1502, Health and Safety Code.
HISTORY
1. Renumbering of former Section 549 to Section 550 and new Section 549 filed 10-1-85 as an emergency; effective upon
filing (Register 85, No. 40). A Certificate of Compliance must be transmitted to OAL within 180 days or emergency
language will be repealed on 3-31-86.
2. Certificate of Compliance including amendment of subsection (d) transmitted to OAL 3-31-86 and filed 4-30-86
(Register 86, No. 18).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 549, 9 CA ADC § 549
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 550. Training., 9 CA ADC § 550
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 4. Services Subject to State Reimbursement
9 CCR § 550
§ 550. Training.
Training services shall mean:
(a) Staff development programs for employees which are designed to improve existing skills, knowledge and attitudes
or to provide new skills, knowledge and attitudes, to increase the employee's effectiveness or to develop potential for
more responsible positions.
(b) Preservice education programs designed to provide the categories of treatment, professionals, and other mental health
personnel needed to staff programs.
(c) Post-graduate professional education programs designed to provide the categories of personnel in professional subspecialties needed to staff programs in Local Mental Health Services.
Note: Authority cited: Sections 5712 and 5751, Welfare and Institutions Code. Reference: Sections 5601(g), 5651(c) and
5751, Welfare and Institutions Code.
HISTORY
1. Editorial correction adding Note filed 10-26-82 (Register 82, No. 44).
2. Renumbering of former Section 550 to Section 551, and renumbering of former Section 549 to Section 550 filed 10-1-85
as an emergency; effective upon filing (Register 85, No. 40). A Certificate of Compliance must be transmitted to OAL
within 180 days or emergency language will be repealed on 3-31-86.
3. Certificate of Compliance transmitted to OAL 3-31-86 and filed 4-30-86 (Register 86, No. 18).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 550, 9 CA ADC § 550
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 551. Research and Evaluation., 9 CA ADC § 551
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 4. Services Subject to State Reimbursement
9 CCR § 551
§ 551. Research and Evaluation.
(a) Research services shall mean:
(1) Basic research is directed toward the increase of knowledge to understand the particular subject under study. Its
purpose is to expand existing knowledge about the nature, cause, prevention, and treatment of mental, emotional
or behavioral disorders, including mental retardation and alcoholism, for the purpose of improving the ability of
professional personnel to predict and control these disorders and to maximize human effectiveness.
(2) Clinical Research is concerned with identification, implementation, development and evaluation of therapeutic
techniques and agents. These are studies directed toward the effectiveness of the treatment program and the
development of new methods of diagnosis, treatment and rehabilitation. The acquisition of normative and base rate
data is an essential aspect of clinical research.
(3) Program Research is concerned with identification, development, and evaluation of consultative, educational or
community organizational techniques in mental health services.
(4) Socio-cultural Research is concerned with investigating the relationship between mental, emotional or behavioral
disorders, including mental retardation and alcoholism, and the cultural and personal impact of community
disorganization, social change and socio-cultural deprivation. This includes the relationship between various social
and cultural factors and post-hospital adjustment and demographic and epidemiological investigation.
(b) Evaluation services shall mean:
(1) Studies of the effectiveness and efficiency of specific programs in Local Mental Health Services in achieving the
goals of the program and the process by which such efforts are organized. Such management analysis will include
studies of the relative cost and effectiveness of services and the efficient use of manpower, facilities and equipment.
(2) Studies of the effectiveness or state of progress of the local community in achieving overall mental health goals
or the process by which such goals are defined or pursued.
HISTORY
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 551. Research and Evaluation., 9 CA ADC § 551
1. Amendment filed 5-11-70; effective thirtieth day thereafter (Register 70, No. 20).
2. Renumbering of former Section 551 to Section 552, and renumbering of former Section 550 to Section 551 filed 10-1-85
as an emergency; effective upon filing (Register 85, No. 40). A Certificate of Compliance must be transmitted to OAL
within 80 days or emergency language will be repealed on 3-31-86.
3. Certificate of Compliance transmitted to OAL 3-31-86 and filed 4-30-86 (Register 86, No. 18).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 551, 9 CA ADC § 551
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 552. Equipment Expense., 9 CA ADC § 552
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 4. Services Subject to State Reimbursement
9 CCR § 552
§ 552. Equipment Expense.
(a) The following definitions of equipment shall apply:
(1) Equipment shall mean moveable personal property of a relatively permanent nature and of significant value,
such as furniture, machines, tools and vehicles.
(A) “Relatively permanent” is defined as a useful life of one year or longer.
(B) “Significant value” is defined as a minimum value of $100 to $1,000 as established by the County Auditor.
(b) All plans for equipment expenditures shall be submitted as part of the annual county plan.
Note: Authority cited: Section 5750, Welfare and Institutions Code. Reference: Sections 5651 and 5715, Welfare and
Institutions Code.
HISTORY
1. Repealer and new section filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
2. Renumbering of former section 552 to section 553, and renumbering of former section 551 to section 552 filed 10-1-85
as an emergency; effective upon filing (Register 85, No. 40). A Certificate of Compliance must be transmitted to OAL
within 180 days or emergency language will be repealed on 3-31-86.
3. Certificate of Compliance transmitted to OAL 3-31-86 and filed 4-30-86 (Register 86, No. 18).
4. Change without regulatory effect (Register 88, No. 3).
5. Amendment of subsection (a), repealer of subsections (b), (c), (d), (e) and (g) and renumbering of subsection (f) to
subsection (b) filed 4-11-91; operative 5-11-91 (Register 91, No. 17).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 552, 9 CA ADC § 552
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 552. Equipment Expense., 9 CA ADC § 552
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 553. Remodeling Expense., 9 CA ADC § 553
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 4. Services Subject to State Reimbursement
9 CCR § 553
§ 553. Remodeling Expense.
Remodeling shall include only the changing or improving of existing structures. Remodeling expense shall be determined
by local option and by the State of California's financial participation subject to approval by the Department. All plans
for remodeling shall be submitted as part of the annual county plan.
Note: Authority cited: Sections 5750, 10725 and 14700, Welfare and Institutions Code. Reference: Sections 5671, 5715
and 5717, Welfare and Institutions Code.
HISTORY
1. Renumbering of former Section 552 to Section 553 filed 10-1-85 as an emergency; effective upon filing (Register 85, No.
40). A Certificate of Compliance must be transmitted to OAL within 180 days or emergency language will be repealed
on 3-31-86. For history of former Section 553, see Registers 83, No. 3; 73, No. 28; and 73, No. 11.
2. Certificate of Compliance transmitted to OAL 3-31-86 and filed 4-30-86 (Register 86, No. 18).
3. Change without regulatory effect (Register 88 No. 3).
4. Editorial correction of first sentence (Register 95, No. 43).
5. Change without regulatory effect amending section and Note filed 8-26-2015 pursuant to section 100, title 1, California
Code of Regulations (Register 2015, No. 35).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 553, 9 CA ADC § 553
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 554. 72-Hour Detoxification Treatment and Evaluation Service..., 9 CA ADC § 554
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 4. Services Subject to State Reimbursement
9 CCR § 554
§ 554. 72-Hour Detoxification Treatment and Evaluation Service [Repealed]
HISTORY
1. New section filed 3-16-73 as an emergency; effective upon filing (Register 73, No. 11).
2. Certificate of Compliance filed 7-12-73 (Register 73, No. 28).
3. Repealer filed 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 554, 9 CA ADC § 554
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 560. Inpatient Service., 9 CA ADC § 560
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 5. Limitations on Reimbursements
9 CCR § 560
§ 560. Inpatient Service.
Reimbursement for inpatient service shall be limited to reimbursement for those services set forth in Section 541,
including the prescribing or furnishing of necessary drugs, together with such general medical and surgical procedures
as are necessary in the treatment of the psychiatric condition, but excluding other medical treatment or other surgery.
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 560, 9 CA ADC § 560
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 561. Other Mental Health Services., 9 CA ADC § 561
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 5. Limitations on Reimbursements
9 CCR § 561
§ 561. Other Mental Health Services.
Reimbursement for mental health services (other than inpatient service) shall be limited to reimbursement for those
services set forth in Article 4, including the prescribing or furnishing of necessary drugs but excluding other medical care
or treatment not necessary to evaluation of psychiatric disorders.
Note: Authority cited: Section 5712, Welfare and Institutions Code. Reference: Sections 5401, 5703, 5704, 5712 and
5715, Welfare and Institutions Code.
HISTORY
1. Editorial correction adding Note filed 10-26-82 (Register 82, No. 44).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 561, 9 CA ADC § 561
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 562. Non-State-Reimbursable Charges. [Repealed], 9 CA ADC § 562
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 5. Limitations on Reimbursements
9 CCR § 562
§ 562. Non-State-Reimbursable Charges. [Repealed]
HISTORY
1. Repealer filed 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 562, 9 CA ADC § 562
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 563. Reimbursement for Services. [Repealed], 9 CA ADC § 563
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 5. Limitations on Reimbursements
9 CCR § 563
§ 563. Reimbursement for Services. [Repealed]
HISTORY
1. Repealer filed 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 563, 9 CA ADC § 563
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 565.5. Funding., 9 CA ADC § 565.5
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 5. Limitations on Reimbursements
9 CCR § 565.5
§ 565.5. Funding.
Short-Doyle funding for acute inpatient psychiatric services shall be used only when the following sources of
reimbursement are unavailable or have been exhausted:
(a) Patient payment in accordance with Welfare and Institutions Code Section 5718;
(b) Private third party payors; and,
(c) Other governmental third party payors.
Note: Authority cited: Section 4073, Welfare and Institutions Code. Reference: Sections 5705, 5713 and 5718, Welfare
and Institutions Code.
HISTORY
1. New section filed 2-24-83 as an emergency; effective upon filing (Register 83, No. 9). A Certificate of Compliance must
be transmitted to OAL within 180 days or emergency language will be repealed on 8-23-83.
2. Editorial correction of HISTORY Note No. 1 (Register 83, No. 34).
3. Emergency language repealed by operation of Government Code Section 11346.1(g) (Register 83, No. 35).
4. New section filed 8-24-83 as an emergency; effective upon filing (Register 83, No. 35). A Certificate of Compliance
must be transmitted to OAL within 180 days or emergency language will be repealed on 2-20-84.
5. Certificate of Compliance transmitted to OAL 1-31-84 and filed 3-2-84 (Register 84, No. 9).
6. Order of Repeal filed 3-2-84 by OAL pursuant to Government Code Section 11349.6 (Register 84, No. 9).
7. New section filed 3-14-84 as an emergency; effective upon filing (Register 84, No. 13). A Certificate of Compliance
must be transmitted to OAL within 120 days or emergency language will be repealed on 7-12-84.
8. New section refiled 4-27-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No.
18).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 565.5. Funding., 9 CA ADC § 565.5
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 565.5, 9 CA ADC § 565.5
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 570. Application of Article., 9 CA ADC § 570
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 5.5. Maximum Allowable Rates
9 CCR § 570
§ 570. Application of Article.
The maximum allowable rates established in accordance with the provisions of this Article shall apply to all mental
health treatment services provided in accordance with the approved county Short-Doyle plans, except when exempted
by statute, unless the Director of the State Department of Mental Health approves either a waiver of the maximum
allowable rates, pursuant to subdivision (c) of Section 5705.1, Welfare and Institutions Code, or a negotiated net amount
or rate, pursuant to Section 5705.2, Welfare and Institutions Code.
Note: Authority cited: Sections 5705.1 and 5750, Welfare and Institutions Code. Reference: Sections 5600, 5705.1 and
5705.2, Welfare and Institutions Code.
HISTORY
1. New Article 5.5 (Sections 570-574) filed 10-1-82 as an emergency; effective upon filing (Register 82, No. 40). A
Certificate of Compliance must be transmitted to OAL within 180 days or emergency language will be repealed on
3-30-83.
2. Editorial correction of HISTORY Note No. 1 (Register 83, No. 18).
3. Certificate of Compliance including amendments transmitted to OAL 3-23-83 and filed 4-27-83 (Register 83, No. 18).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 570, 9 CA ADC § 570
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 571. Reimbursement., 9 CA ADC § 571
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 5.5. Maximum Allowable Rates
9 CCR § 571
§ 571. Reimbursement.
Reimbursement for services specified in the approved county plans shall be the lower of either the individual provider's
actual cost or the maximum allowable rates established in accordance with the provisions of this Article. However, the
total reimbursement to a county for any one fiscal year pursuant to this provision shall not exceed the final county ShortDoyle allocation for that fiscal year.
Note: Authority cited: Sections 5705.1 and 5750, Welfare and Institutions Code. Reference: Section 5600, Welfare and
Institutions Code.
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 571, 9 CA ADC § 571
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 572. Maximum Allowable Rate Determination and Publication...., 9 CA ADC § 572
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 5.5. Maximum Allowable Rates
9 CCR § 572
§ 572. Maximum Allowable Rate Determination and Publication. [Repealed]
Note: Authority cited: Sections 5705.1 and 5750, Welfare and Institutions Code. Reference: Section 5600, Welfare and
Institutions Code.
HISTORY
1. Certificate of Compliance including amendment of subsection (a) transmitted to OAL 3-23-83 and filed 4-27-83
(Subsections (b) and (c) were withdrawn on 4-25-83) (Register 83, No. 18).
2. New subsections (b) and (c) refiled 4-25-83 as an emergency; effective upon filing (Register 83, No. 18). A Certificate
of Compliance must be transmitted to OAL within 180 days or emergency language will be repealed on 10-22-83.
3. Amendment of subsection (b) and repealer of subsection (c) filed 8-23-83 as an emergency; effective upon filing
(Register 83, No. 35). A Certificate of Compliance must be transmitted to OAL within 180 days or emergency language
will be repealed on 2-19-84.
4. Reinstatement of section as it existed prior to emergency amendment filed 8-23-83 by operation of Government Code
Section 11346.1(f) (Register 84, No. 15).
5. Amendment of subsection (b) and repealer of subsection (c) filed 2-27-84 as an emergency; effective upon filing
(Register 84, No. 15). A Certificate of Compliance must be transmitted to OAL within 180 days or emergency language
will be repealed on 8-27-84.
6. Editorial correction of HISTORY Note No. 5 (Register 84, No. 28).
7. Editorial correction of HISTORY Note No. 5 (Register 84, No. 34).
8. Certificate of Compliance transmitted to OAL 8-14-84 and filed 9-28-84 (Register 84, No. 39).
9. Change without regulatory effect repealing Section 572 (Register 88, No.3).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 572, 9 CA ADC § 572
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 573. Monitoring Compliance., 9 CA ADC § 573
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 5.5. Maximum Allowable Rates
9 CCR § 573
§ 573. Monitoring Compliance.
Compliance with the maximum allowable rates shall be monitored through the budget, cost report, and audit processes.
Local Directors shall ensure that individual providers rates are within the established maximum allowable rates for the
various service functions. If the county's year-end cost report indicates that a provider's rate is in excess of the established
maximum allowable rate and no waiver or statutory exemption applies, the state's final payment to the county (cost
report settlement) shall be based on the maximum allowable rate, as established in accordance with the provisions of
this Article.
Note: Authority cited: Sections 5705.1 and 5750, Welfare and Institutions Code. Reference: Sections 5600, 5705.1 and
5705.2, Welfare and Institutions Code.
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 573, 9 CA ADC § 573
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 574. County Augmentation., 9 CA ADC § 574
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 5.5. Maximum Allowable Rates
9 CCR § 574
§ 574. County Augmentation.
Nothing in the provisions of this Article shall prohibit a county from using county general funds, other than those
required for the county match mandated by the Short-Doyle Act, to augment or offset any amount by which an individual
provider exceeds the maximum allowable rates.
Note: Authority cited: Sections 5705.1 and 5750, Welfare and Institutions Code. Reference: Section 5600, Welfare and
Institutions Code.
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 574, 9 CA ADC § 574
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 590. Review Process., 9 CA ADC § 590
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 6. Utilization Review of Short-Doyle Funded Acute Inpatient Psychiatric Services
9 CCR § 590
§ 590. Review Process.
Counties shall comply with the Department's Quality Assurance Standards and Guidelines section titled Utilization
Review of Short-Doyle Funded Acute Inpatient Psychiatric Services--Requirements and Procedures (March 1, 1984).
Review of patient admission and continued stay necessity shall be performed concurrently with hospitalization.
Admission and continued stay reviews for acutely ill patients shall determine the existence and continuance of the
necessity for acute inpatient psychiatric treatment. Continued stay reviews shall be performed at least as often as indicated
by the length of stay intervals specified in the Department's Requirements and Procedures. Admission and continued stay
reviews for non-acutely ill patients shall determine the existence and continuance of special administrative circumstances
as categorized in Section 591. Continued stay reviews shall be performed at five (5) working day intervals and must
include review of the continuing efforts being made to resolve the administrative circumstances preventing discharge.
At each continued stay review, Short-Doyle funded inpatients shall be re-evaluated for eligibility for other funding as
required by Section 565.5.
All patients admitted to and provided services within Short-Doyle funded acute inpatient psychiatric facilities shall be
included in the utilization review process pursuant to this Article.
Note: Authority cited: Section 4073, Welfare and Institutions Code. Reference: Sections 4070 and 5624, Welfare and
Institutions Code.
HISTORY
1. New Article 6 (Sections 590-594) filed 2-24-83 as an emergency; effective upon filing (Register 83, No. 9). A Certificate
of Compliance must be transmitted to OAL within 180 days or emergency language will be repealed on 8-23-83.
2. Editorial correction of HISTORY Note No. 1 (Register 83, No. 35).
3. Article 6 (Sections 590-594) repealed by operation of Government Code Section 11346.1(g) (Register 83, No. 35).
4. New Article 6 (Sections 590-594) filed 8-24-83 as an emergency; effective upon filing (Register 83, No. 35). A Certificate
of Compliance must be transmitted to OAL within 180 days or emergency language will be repealed on 2-20-84.
5. Certificate of Compliance as to 8-24-83 order transmitted to OAL 1-31-84 and filed 3-2-84 (Register 84, No. 9).
6. Order of Repeal as to Sections 590, 591 and 592 only filed 3-2-84 by OAL pursuant to Government Code Section
11349.6 (Register 84, No. 9).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 590. Review Process., 9 CA ADC § 590
7. New section filed 3-14-84 as an emergency; effective upon filing (Register 84, No. 13). A Certificate of Compliance
must be transmitted to OAL within 120 days or emergency language will be repealed on 7-12-84.
8. New section refiled 4-27-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No.
18).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 590, 9 CA ADC § 590
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 591. Administrative Days., 9 CA ADC § 591
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 6. Utilization Review of Short-Doyle Funded Acute Inpatient Psychiatric Services
9 CCR § 591
§ 591. Administrative Days.
All patients served in acute inpatient psychiatric facilities and funded by Short-Doyle must have a diagnosable mental
disorder. If, however, symptoms do not meet the admission or continued stay criteria specified in the Department's
Requirements and Procedures, the following categories of special circumstances warrant Short-Doyle funded acute
inpatient psychiatric care:
(a) The patient is hospitalized due to the action of an authority over whom the local mental health director has no direct
control and without the concurrence of whom the patient cannot be discharged;
(b) Alternative community care is not immediately available due to
(1) temporary lack of placement funds, or
(2) temporary lack of a therapeutically appropriate facility.
For patients in the above situations, continued stay reviews shall be conducted at five (5) working day intervals. Discharge
shall occur at the earliest opportunity following resolution of the above circumstances.
Note: Authority cited: Section 4073, Welfare and Institutions Code. Reference: Sections 4070, 4071, 4072 and 5624,
Welfare and Institutions Code.
HISTORY
1. New section filed 3-14-84 as an emergency; effective upon filing (Register 84, No. 13). A Certificate of Compliance
must be transmitted to OAL within 120 days or emergency language will be repealed on 7-12-84. For history of former
section, see Register 84, No. 9.
2. New section refiled 4-27-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No.
18).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 591, 9 CA ADC § 591
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 591. Administrative Days., 9 CA ADC § 591
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 592. Documentation and Reporting., 9 CA ADC § 592
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 6. Utilization Review of Short-Doyle Funded Acute Inpatient Psychiatric Services
9 CCR § 592
§ 592. Documentation and Reporting.
Utilization review activities shall be documented, including review of administrative days, in accordance with
the Department's Requirements and Procedures. In accordance with the Requirements and Procedures, special
circumstances justifying administrative days must be documented, aggregated and reported quarterly to the local mental
health director. These reports shall address the following factors of utilization:
(a) number of inpatients who do not meet the test of medical necessity;
(b) number of patient-days so used; and
(c) reasons other than medical necessity that inpatient care is required. Documentation of administrative days must
reflect continuing efforts to resolve the circumstances preventing discharge.
Note: Authority cited: Section 4073, Welfare and Institutions Code. Reference: Sections 4070 and 5624, Welfare and
Institutions Code.
HISTORY
1. New section filed 3-14-84 as an emergency; effective upon filing (Register 84, No. 13). A Certificate of Compliance
must be transmitted to OAL within 120 days or emergency language will be repealed on 7-12-84. For history of former
section, see Register 84, No. 9.
2. New section refiled 4-27-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No.
18).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 592, 9 CA ADC § 592
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 593. Compliance., 9 CA ADC § 593
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 6. Utilization Review of Short-Doyle Funded Acute Inpatient Psychiatric Services
9 CCR § 593
§ 593. Compliance.
Counties shall amend existing utilization review plans to include these requirements. Counties shall be responsible for
complying with these regulations ninety (90) days from the effective date of this Article.
Note: Authority cited: Section 4073, Welfare and Institutions Code. Reference: Sections 4071 and 5624, Welfare and
Institutions Code.
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 593, 9 CA ADC § 593
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 594. Enforcement., 9 CA ADC § 594
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 6. Utilization Review of Short-Doyle Funded Acute Inpatient Psychiatric Services
9 CCR § 594
§ 594. Enforcement.
The Department shall enforce utilization review by counties of Short-Doyle funded acute inpatient psychiatric services
through the following means:
(a) Review and approval/disapproval of the utilization review plans;
(b) Onsite visits to evaluate required systems, audit clinical and administrative documentation, and request corrective
action;
(c) Sanctions for non-compliance which can include any or all of the following:
(1) Wihholding future allocations until compliance is achieved;
(2) Requiring increased resources to be channeled into quality assurance activities from existing allocations;
(3) Recouping inappropriately used Short-Doyle funds from current allocations.
Counties shall be allowed the opportunity to appeal both clinical and administrative audit decisions and financial
penalties.
Note: Authority cited: Section 4073, Welfare and Institutions Code. Reference: Sections 4071, 4072, 5655 and 5712,
Welfare and Institutions Code.
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 594, 9 CA ADC § 594
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 600. Forms and Information. [Repealed], 9 CA ADC § 600
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 7. Claims for Reimbursement
9 CCR § 600
§ 600. Forms and Information. [Repealed]
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter
(Register 85, No. 26).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 600, 9 CA ADC § 600
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 601. Approval of Reimbursements., 9 CA ADC § 601
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 7. Claims for Reimbursement
9 CCR § 601
§ 601. Approval of Reimbursements.
Reimbursement for any fiscal year shall be limited to the amount fixed by the Director of Mental Hygiene when the
plan is approved, unless additional expenditure is authorized after filing of a supplementary application. Expenditures
incurred in support of new activities prior to approval of a plan by the Director of Mental Hygiene or for costs or
expenditures not included in the approved plan may not be subject to reimbursement. Actual and necessary expenses
incurred by members of the California Conference of Local Mental Health Directors at meetings called to implement
the Act and for attendance at meetings, pursuant to Section 5760 of the Act, prior to approval of local plans, shall be
subject to reimbursement in accordance with the Act. Actual and necessary expenses incurred by members of the local
mental health advisory boards in the performance of official duties, pursuant to Section 5715 of the Act, shall be subject
to reimbursement in accordance with the Act.
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 601, 9 CA ADC § 601
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 620. Director of Local Mental Health Services., 9 CA ADC § 620
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 8. Professional and Technical Personnel Standards
9 CCR § 620
§ 620. Director of Local Mental Health Services.
Where the Local Mental Health Director is other than the local health officer or medical administrator of the county
hospital, he or she shall be one of the following:
(a) A physician and surgeon licensed in the State of California showing evidence of having completed the required course
of graduate psychiatric education as defined in Section 623 to be supplemented by an additional period of two years of
training or practice limited to the field of psychiatry, one year of which shall have been administrative experience.
(b) A psychologist who shall be licensed in the State of California and shall possess a doctorate degree in psychology
from an institution of higher education. In addition, the psychologist shall have had at least three years of acceptable
clinical psychology experience, two years of which shall be administrative experience.
(c) A clinical social worker who shall possess a master's degree in social work or higher and shall be a licensed clinical
social worker under provisions of the California Business and Professions Code, and shall have had at least five years
mental health experience, two years of which shall have been administrative experience.
(d) A marriage, family, and child counselor who shall have a master's degree in an approved behavioral science course
of study, and who shall be a licensed marriage, family, and child counselor and have received specific instruction, or
its equivalent, as required for licensure on January 1, 1981. In addition, the marriage, family, and child counselor shall
have had at least five years of mental health experience, two years of which shall have been administrative experience.
The term, specific instruction, contained in Sections 5751 and 5751.3 of the Welfare and Institutions Code, shall not be
limited to school, college, or university classroom instruction, but may include equivalent demonstrated experience in
assessment, diagnosis, prognosis, and counseling, and psychotherapeutic treatment of premarital, marriage, family, and
child relationship dysfunctions.
(e) A nurse who shall possess a master's degree in psychiatric or public health nursing and shall be licensed as a registered
nurse by the Board of Registered Nursing in the State of California, and shall have had at least five years mental health
experience, two of which shall have been administrative experience. Additional post-baccalaureate experience in a mental
health setting may be substituted on a year-for-year basis for the educational requirements.
(f) An administrator who shall have a master's degree in hospital administration, public health administration, or public
administration from an accredited college or university, and who shall have at least three years of experience in hospital
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 620. Director of Local Mental Health Services., 9 CA ADC § 620
or health care administration, two of which shall have been in the mental health field. Additional qualifying experience
may be substituted for the required education on a year-for-year basis with the approval of the Department.
Note: Authority cited: Sections 5607, 5750, 5751, 5751.1, 10725 and 14700, Welfare and Institutions Code. Reference:
Sections 5607, 5751 and 5751.1, Welfare and Institutions Code.
HISTORY
1. Amendment filed 1-12-73; effective thirtieth day thereafter (Register 73, No. 2).
2. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5).
3. Amendment filed 11-28-88; operative 12-28-88 (Register 89, No. 11).
4. Change without regulatory effect amending subsection (f) and Note filed 8-26-2015 pursuant to section 100, title 1,
California Code of Regulations (Register 2015, No. 35).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 620, 9 CA ADC § 620
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 620.1. Acting Director of Local Mental Health Services., 9 CA ADC § 620.1
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 8. Professional and Technical Personnel Standards
9 CCR § 620.1
§ 620.1. Acting Director of Local Mental Health Services.
If a county is unable to secure the services of a person who meets the standards set forth in Section 620, the county may
select an Acting Director of Local Mental Health Services with appointment limited to a 12-month period subject to the
approval of the Director of the Department.
Note: Authority cited: Sections 5750, 5751, 10725 and 14700, Welfare and Institutions Code. Reference: Sections 5607,
5751 and 5751.1, Welfare and Institutions Code.
HISTORY
1. Amendment filed 5-11-70; effective thirtieth day thereafter (Register 70, No. 20).
2. Amendment filed 1-12-73; effective thirtieth day thereafter (Register 73, No. 2).
3. Change without regulatory effect (Register 88, No. 3).
4. Change without regulatory effect amending section and Note filed 8-26-2015 pursuant to section 100, title 1, California
Code of Regulations (Register 2015, No. 35).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 620.1, 9 CA ADC § 620.1
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 621. Medical Program Responsibility., 9 CA ADC § 621
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 8. Professional and Technical Personnel Standards
9 CCR § 621
§ 621. Medical Program Responsibility.
If the Local Director does not meet the qualifications of Section 620 (a), the local mental health service shall provide a
psychiatrist licensed to practice medicine in this State as defined in Section 623 who shall have the medical responsibility
as defined in Section 522.
HISTORY
1. Amendment filed 1-12-73; effective thirtieth day thereafter (Register 73, No. 2).
2. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 621, 9 CA ADC § 621
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 622. Requirements for Professional Personnel., 9 CA ADC § 622
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 8. Professional and Technical Personnel Standards
9 CCR § 622
§ 622. Requirements for Professional Personnel.
Wherever in these regulations the employment of a particular professional person is required, the minimum qualifications
for that person shall be as hereinafter specified in this Article. Required experience shall mean full time equivalent
experience. It is intended that these minimum qualifications shall apply to the head or chief of a particular service or
professional discipline but not necessarily to subordinate employees of the same profession.
Note: Authority cited: Section 5751, Welfare and Institutions Code. Reference: Section 5751, Welfare and Institutions
Code.
HISTORY
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5).
2. Change without regulatory effect (Register 88, No. 3).
3. Change without regulatory effect reinstating text as amended in Register 76, No. 5 filed 10-27-88 (Register 88, No. 45).
4. Editorial correction of History 1 (Register 95, No. 43).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 622, 9 CA ADC § 622
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 623. Psychiatrist., 9 CA ADC § 623
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 8. Professional and Technical Personnel Standards
9 CCR § 623
§ 623. Psychiatrist.
A psychiatrist who directs a service shall have a license as a physician and surgeon in this state and show evidence of
having completed the required course of graduate psychiatric education as specified by the American Board of Psychiatry
and Neurology in a program of training accredited by the Accreditation Council for Graduate Medical Education, the
American Medical Association or the American Osteopathic Association.
Note: Authority cited: Sections 5600.5 and 5751, Welfare and Institutions Code. Reference: Sections 5751 and 5751.1,
Welfare and Institutions Code.
HISTORY
1. Amendment filed 11-28-88; operative 12-28-88 (Register 89, No. 11).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 623, 9 CA ADC § 623
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 624. Psychologist., 9 CA ADC § 624
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 8. Professional and Technical Personnel Standards
9 CCR § 624
§ 624. Psychologist.
A psychologist who directs a service shall have obtained a California license as a psychologist granted by the State Board
of Medical Quality Assurance or obtain such licensure within two years following the commencement of employment,
unless continuously employed in the same class in the same program or facility as of January 1, 1979; and shall have two
years of post doctoral experience in a mental health setting.
Note: Authority cited: Sections 5600.5 and 5751, Welfare and Institutions Code. Reference: Sections 5600.2, 5751 and
5751.3, Welfare and Institutions Code.
HISTORY
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5).
2. Amendment filed 11-28-88; operative 12-28-88 (Register 89, No. 11).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 624, 9 CA ADC § 624
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 625. Social Worker., 9 CA ADC § 625
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 8. Professional and Technical Personnel Standards
9 CCR § 625
§ 625. Social Worker.
A social worker who directs a service shall have a California license as a clinical social worker granted by the State
Board of Behavioral Science Examiners or obtain such licensure within three years following the commencement of
employment, unless continuously employed in the same class in the same program or facility as of January 1, 1979, or
enrolled in an accredited doctoral program in social work, social welfare, or social science; and shall have two years of
post master's experience in a mental health setting.
Note: Authority cited: Sections 5600.5 and 5751, Welfare and Institutions Code. Reference: Sections 5600.2, 5751 and
5751.3, Welfare and Institutions Code.
HISTORY
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5).
2. Amendment filed 11-28-88; operative 12-28-88 (Register 89, No. 11).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 625, 9 CA ADC § 625
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 626. Marriage, Family and Child Counselor., 9 CA ADC § 626
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 8. Professional and Technical Personnel Standards
9 CCR § 626
§ 626. Marriage, Family and Child Counselor.
A marriage, family, and child counselor who directs a service shall have obtained a California license as a marriage,
family, and child counselor granted by the State Board of Behavioral Science Examiners and have received specific
instruction, or its equivalent, as required for licensure on January 1, 1981, and shall have two years of post master's
experience in a mental health setting. The term, specific instruction, contained in Sections 5751 and 5751.3 of the
Welfare and Institutions Code, shall not be limited to school, college, or university classroom instruction, but may
include equivalent demonstrated experience in assessment, diagnosis, prognosis, and counseling, and psychotherapeutic
treatment of premarital, marriage, family, and child relationship dysfunctions.
Note: Authority cited: Sections 5600.5 and 5751, Welfare and Institutions Code. Reference: Sections 5751 and 5751.3,
Welfare and Institutions Code.
HISTORY
1. New section filed 11-28-88; operative 12-28-88 (Register 89, No. 11). For prior history, see Register 88, No. 45.
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 626, 9 CA ADC § 626
End of Document
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1
§ 627. Nurses., 9 CA ADC § 627
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 8. Professional and Technical Personnel Standards
9 CCR § 627
§ 627. Nurses.
A nurse shall be licensed to practice as a registered nurse by the Board of Nursing Education and Nurse Registration in
this State and possess a master's degree in psychiatric or public health nursing, and two years of nursing experience in
a mental health setting. Additional post baccalaureate nursing experience in a mental health setting may be substituted
on a year-for-year basis for the educational requirement.
HISTORY
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5).
2. Change without regulatory effect renumbering former Section 627 to Section 628, and renumbering former Section
626 to Section 627 filed 10-27-88 (Register 88, No. 45).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 627, 9 CA ADC § 627
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 628. Licensed Vocational Nurse., 9 CA ADC § 628
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 8. Professional and Technical Personnel Standards
9 CCR § 628
§ 628. Licensed Vocational Nurse.
A licensed vocational nurse shall have a license to practice vocational nursing by the Board of Vocational Nurse and
Psychiatric Technician Examiners and possess six years of post license experience in a mental health setting. Up to four
years of college or university education may be substituted for the required vocational nursing experience on a yearfor-year basis.
HISTORY
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5). For prior history, see Register 71,
No. 40.
2. Change without regulatory effect renumbering former Section 628 to Section 629, and renumbering former Section
627 to Section 628 filed 10-27-88 (Register 88, No. 45).
3. Editorial correction of HISTORY (Register 89, No. 3).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 628, 9 CA ADC § 628
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 629. Psychiatric Technician., 9 CA ADC § 629
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 8. Professional and Technical Personnel Standards
9 CCR § 629
§ 629. Psychiatric Technician.
A psychiatric technician shall have a current license to practice as a psychiatric technician by the Board of Vocational
Nurse and Psychiatric Technician Examiners and six years of post license experience in a mental health setting. Up to
four years of college or university education may be substituted for the required psychiatric technician experience on
a year-for-year basis.
Note: Authority cited: Sections 4011 and 5750, Welfare and Institutions Code. Reference: Sections 5600 and 5767,
Welfare and Institutions Code.
HISTORY
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5). For history of former Section 628,
see Register 71, No. 40.
2. Change without regulatory effect renumbering former Section 629 to Section 630, and renumbering former Section
628 to Section 629 filed 10-27-88 (Register 88, No. 45).
3. Editorial correction of HISTORY (Register 89, No. 3).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 629, 9 CA ADC § 629
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 630. Mental Health Rehabilitation Specialist., 9 CA ADC § 630
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 8. Professional and Technical Personnel Standards
9 CCR § 630
§ 630. Mental Health Rehabilitation Specialist.
A mental health rehabilitation specialist shall be an individual who has a baccalaureate degree and four years of
experience in a mental health setting as a specialist in the fields of physical restoration, social adjustment, or vocational
adjustment. Up to two years of graduate professional education may be substituted for the experience requirement
on a year-for-year basis; up to two years of post associate arts clinical experience may be substituted for the required
educational experience in addition to the requirement of four years' experience in a mental health setting.
HISTORY
1. Change without regulatory effect renumbering former Section630 to Section 631, and renumbering former Section
629 to Section 630 filed 10-27-88 (Register 88, No. 45). For prior history, see Register 76, No. 5.
2. Editorial correction replacing text of Section 630 inadvertently omitted during production of Register 88, No. 45
(Register 89, No. 3).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 630, 9 CA ADC § 630
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 631. Administrative Support Responsibility., 9 CA ADC § 631
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 8. Professional and Technical Personnel Standards
9 CCR § 631
§ 631. Administrative Support Responsibility.
Any local mental health service which serves a population in excess of 100,000 shall have at least one administrative
person who does not have clinical program responsibility and who shall be responsible for all administrative and
supportive services as defined in Section 5751.2 of the Welfare and Institutions Code.
After March 1, 1976 new personnel employed into these positions shall have three years of experience with increasing
responsibility performing health administration or staff administrative services such as accounting, auditing, budgeting,
administrative analysis, or personnel and have a minimum education equivalent to graduation with a baccalaureate
degree from an accredited college or university. Additional qualifying experience may be substituted for the required
education on a year-for-year basis.
Note: Authority cited: Sections 5751 and 5751.2, Welfare and Institutions Code. Reference: Sections 5751 and 5751.2,
Welfare and Institutions Code.
HISTORY
1. Change without regulatory effect renumbering former Section 631 to Section 632, and renumbering former Section
630 to Section 631 filed 10-27-88 (Register 88, No. 45). For prior history, see Register 88, No. 3.
2. Editorial correction of HISTORY (Register 89, No. 3).
3. Amendment filed 11-28-88; operative 12-28-88 (Register 89, No. 11).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 631, 9 CA ADC § 631
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 632. Other Mental Health Personnel., 9 CA ADC § 632
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 8. Professional and Technical Personnel Standards
9 CCR § 632
§ 632. Other Mental Health Personnel.
The definitions of professional, administrative, and technical personnel listed above shall not be construed as limiting
the establishment of positions in other categories. If, after persistent recruitment, persons with qualifications specified
above cannot be obtained, the Department may permit exceptions to the requirements upon receiving a written request
describing the recruitment efforts. Such exceptions to the personnel requirements shall be limited to a 12-month period
subject to annual renewal by the Department.
Note: Authority cited: Section 5751, Welfare and Institutions Code. Reference: Sections 5751 and 5751.1, Welfare and
Institutions Code.
HISTORY
1. Change without regulatory effect renumbering former Section 631 to Section 632 filed 10-27-88 (Register 88, No. 45).
For history of former Section 631, see Registers 88, No. 3 and 76, No. 5.
2. Editorial correction of HISTORY (Register 89, No. 3).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 632, 9 CA ADC § 632
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 640. Financial Records., 9 CA ADC § 640
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 9. Accounting and Records
9 CCR § 640
§ 640. Financial Records.
Records shall be kept so that they clearly reflect the cost of each type of service for which reimbursement is claimed. Where
apportionment of costs is necessary, such as for inpatient psychiatric service in a general hospital, such apportionment
shall be made according to accepted accounting principles in order to reflect the true cost of the services rendered.
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 640, 9 CA ADC § 640
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 641. Patient Records., 9 CA ADC § 641
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 9. Accounting and Records
9 CCR § 641
§ 641. Patient Records.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter
(Register 85, No. 26).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 641, 9 CA ADC § 641
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 642. Statistical Data., 9 CA ADC § 642
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 9. Accounting and Records
9 CCR § 642
§ 642. Statistical Data.
Statistical data shall be kept and reports made as required by the department. Reports shall be made on forms provided
by the department.
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 642, 9 CA ADC § 642
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 660. Admission Procedures., 9 CA ADC § 660
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 10. Requirements for Inpatient Services
9 CCR § 660
§ 660. Admission Procedures.
HISTORY
1. Repealer filed 1-13-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 3).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 660, 9 CA ADC § 660
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 661. Medical-Surgical Services., 9 CA ADC § 661
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 10. Requirements for Inpatient Services
9 CCR § 661
§ 661. Medical-Surgical Services.
HISTORY
1. Repealer filed 1-13-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 3).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 661, 9 CA ADC § 661
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 662. Discharges and Transfers., 9 CA ADC § 662
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 10. Requirements for Inpatient Services
9 CCR § 662
§ 662. Discharges and Transfers.
HISTORY
1. Repealer filed 1-13-83; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 83, No. 3).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 662, 9 CA ADC § 662
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 663. Minimum Staff., 9 CA ADC § 663
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 10. Requirements for Inpatient Services
9 CCR § 663
§ 663. Minimum Staff.
Inpatient services shall be under an administrative director who qualifies under Section 620(d), 623, 624, 625, or 627. In
addition to the director of the service, the minimum professional staff shall include a psychiatrist if the administrative
director of the service is not a psychiatrist, who shall assume medical responsibility as defined in Section 522; a
psychologist, social worker, registered nurse, and other nursing personnel under supervision of a registered nurse.
Nursing personnel shall be present at all times. Physicians, psychiatrists, registered nurses and other mental health
personnel shall be present or available at all times. Psychologists and social workers may be present on a time-limited
basis.
Rehabilitation therapy, such as occupational therapy, should be available to the patients.
The minimum ratio of the full-time professional personnel to resident patients shall be as follows:
Ratio per
Personnel
100 Patients
Physicians...................................................................................................
5
Psychologists...............................................................................................
2
Social Workers...........................................................................................
2
Registered Nurses.......................................................................................
20
Other Mental Health Personnel..................................................................
25
__
Total...........................................................................................................
54
Note: Authority cited: Sections 4011 and 5750, Welfare and Institutions Code. Reference: Secs. 5600 and 5767, W. &
I. Code. Additional authority cited: Sections 5650, 5703.1, 5751, Welfare and Institutions Code. Additional references:
Sections 5650, 5703.1, 5751, 5751.1, 5751.2, Welfare and Institutions Code.
HISTORY
1. Amendment filed 10-1-71; effective thirtieth day thereafter (Register 71, No. 40).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 663. Minimum Staff., 9 CA ADC § 663
2. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5).
3. Change without regulatory effect correcting internal cites filed 10-27-88 (Register 88, No. 45).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 663, 9 CA ADC § 663
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 680. Basic Requirements., 9 CA ADC § 680
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 11. Requirements for Outpatient Services
9 CCR § 680
§ 680. Basic Requirements.
Outpatient services in Local Mental Health Services shall include:
(a) Minimum Professional Staff. Outpatient services shall be under the direction of a person who qualifies under Section
623, 624, 625, 626, 627, 628, 629 or 630. In addition to the director, the minimum professional staff shall include a
psychiatrist, psychologist, and social worker, except that under special circumstances the Department may authorize the
operation of an outpatient service with less personnel. In addition, the staff may include qualified registered nurses and
other professional disciplines.
A psychiatrist must assume medical responsibility as defined in Section 522, and be present at least half-time during
which the services are provided except that under special circumstance the Department may modify this requirement.
In developmental disabilities and substance abuse programs a physician other than a psychiatrist may be substituted
when this would be more appropriate to the treatment needs of the patient upon approval of the Department.
(b) Availability of Service. Outpatient services shall be reasonably available and accessible.
(c) Care and Staffing. A program of outpatient services should provide for continuity of care and flexibility of staffing
to meet the needs of the individual patients.
(d) Integration of Staff Services. The services of the various professional disciplines shall be integrated through regular
staff meetings and other conferences for joint planning and evaluation of treatment.
Note: Authority cited: Sections 5600.5 and 5751, Welfare and Institutions Code. Reference: Sections 5600.5, 5704, 5712,
5751 and 5751.3, Welfare and Institutions Code.
HISTORY
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5).
2. Change without regulatory effect correcting internal cites filed 10-27-88 (Register 88, No. 45).
3. Amendment of subsection (a) filed 11-28-88; operative 12-28-88 (Register 89, No. 11).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 680. Basic Requirements., 9 CA ADC § 680
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 680, 9 CA ADC § 680
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 690. Minimum Professional Staff., 9 CA ADC § 690
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 12. Requirements for Partial Hospitalization Services
9 CCR § 690
§ 690. Minimum Professional Staff.
Partial hospitalization service shall be under the direction of a person who qualifies under Section 623, 624, 625, 626, 627,
628, 629 or 630. In addition to the director the minimum professional staff shall include personnel necessary to achieve
program objectives, such as psychiatrists, psychologists, social workers, nurses, educators, occupational therapists,
mental health rehabilitation therapists, recreational therapists, psychiatric technicians, psychiatric aides, and other such
personnel deemed necessary. Participation by different disciplines may vary according to program design and objectives.
Note: Authority cited: Sections 5600.5 and 5751, Welfare and Institutions Code. Reference: Sections 5600.5, 5704, 5712,
5751 and 5751.3, Welfare and Institutions Code.
HISTORY
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5).
2. Change without regulatory effect correcting internal cites filed 10-27-88 (Register 88, No. 45).
3. Amendment filed 11-28-88; operative 12-28-88 (Register 89, No. 11).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 690, 9 CA ADC § 690
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 691. Medical Responsibility., 9 CA ADC § 691
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 12. Requirements for Partial Hospitalization Services
9 CCR § 691
§ 691. Medical Responsibility.
HISTORY
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter
(Register 85, No. 26).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 691, 9 CA ADC § 691
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 700. Basic Requirement., 9 CA ADC § 700
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 13. Requirements for Emergency Services
9 CCR § 700
§ 700. Basic Requirement.
The emergency service shall be readily available and accessible 24 hours a day, seven days a week.
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 700, 9 CA ADC § 700
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 710. Purpose of Consultation Services., 9 CA ADC § 710
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 14. Purposes, Processes and Requirements of Consultation, Education and Information Services
9 CCR § 710
§ 710. Purpose of Consultation Services.
The purpose of consultation services with professionals and community agencies shall be to expand to their potential for:
(a) The promotion of mental health.
(b) The prevention of emotional disorders.
(c) The identification and resolution of mental health problems.
(d) The development and sustenance of the effectiveness of social systems.
Note: Authority cited: Sections 4012, 5651 and 5751, Welfare and Institutions Code. Reference: Sections 4012, 5453,
5601, 5651, 5661.5 and 5751, Welfare and Institutions Code.
HISTORY
1. Editorial correction adding Note filed 10-26-82 (Register 82, No. 44).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 710, 9 CA ADC § 710
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 711. Process of Consultation Services., 9 CA ADC § 711
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 14. Purposes, Processes and Requirements of Consultation, Education and Information Services
9 CCR § 711
§ 711. Process of Consultation Services.
The process for providing consultation services may include:
(a) Interaction with an agency or professional person in planning for collaboratively evaluating the client.
(b) Assistance to agencies in focusing their service functions and internal relationships.
(c) Involvement with other community agencies, groups, and individuals in planning, developing, integrating,
coordinating, and evaluating a broad range of community services.
Note: Authority cited: Sections 4012, 5651 and 5751, Welfare and Institutions Code. Reference: Sections 4012, 5453,
5601, 5651, 5661.5 and 5751, Welfare and Institutions Code.
HISTORY
1. Editorial correction adding Note filed 10-26-82 (Register 82, No. 44).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 711, 9 CA ADC § 711
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 712. Purpose of Education Services., 9 CA ADC § 712
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 14. Purposes, Processes and Requirements of Consultation, Education and Information Services
9 CCR § 712
§ 712. Purpose of Education Services.
The purpose of education services shall be:
(a) To motivate such individuals and groups to accept responsibility for personal and community mental health.
(b) To develop attitudes and practices facilitating positive interpersonal relationships.
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 712, 9 CA ADC § 712
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 713. Process of Education Services., 9 CA ADC § 713
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 14. Purposes, Processes and Requirements of Consultation, Education and Information Services
9 CCR § 713
§ 713. Process of Education Services.
The process of education services may be characterized by:
(a) The systematic structuring of experiences which will result in learning about mental health concepts.
(b) Involving as participants those individuals and groups, who, by reason of their functional role in the community,
have a significant potential for affecting the mental health of others.
(c) A high degree of interpersonal interacting between participants of seminars, workshops, classes, and discussion groups
to facilitate change.
(d) A major focusing on general aspects of a subject rather than on solutions of specific case problems.
(e) Assisting professionals in developing mental health knowledge and skills in the detection of emotional disorders and
management of problems appropriate to their work.
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 713, 9 CA ADC § 713
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 714. Purpose of Information Services., 9 CA ADC § 714
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 14. Purposes, Processes and Requirements of Consultation, Education and Information Services
9 CCR § 714
§ 714. Purpose of Information Services.
The purpose of information services is to inform the general public as to:
(a) Basic facts of mental health and emotional disorders.
(b) Mental health needs of the community.
(c) Existing community services and their utilization.
Note: Authority cited: Sections 4012, 5651 and 5751, Welfare and Institutions Code. Reference: Sections 4012, 5601,
5651, 5651.7, 5661.5 and 5751, Welfare and Institutions Code.
HISTORY
1. Editorial correction adding Note filed 10-26-82 (Register 82, No. 44).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 714, 9 CA ADC § 714
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 715. Process of Information Services., 9 CA ADC § 715
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 14. Purposes, Processes and Requirements of Consultation, Education and Information Services
9 CCR § 715
§ 715. Process of Information Services.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter
(Register 85, No. 26).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 715, 9 CA ADC § 715
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 716. Direction and Supervision., 9 CA ADC § 716
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 14. Purposes, Processes and Requirements of Consultation, Education and Information Services
9 CCR § 716
§ 716. Direction and Supervision.
Consultation, education, and information services shall be provided by mental health personnel under the general
direction of a person who qualifies under Sections 623, 624, 625, 626, or 627.
Note: Authority cited: Sections 5600.5 and 5751, Welfare and Institutions Code. Reference: Sections 5600.5, 5704, 5712,
5751 and 5751.3, Welfare and Institutions Code.
HISTORY
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5).
2. Change without regulatory effect correcting internal cites filed 10-27-88 (Register 88, No. 45).
3. Amendment filed 11-28-88; operative 12-28-88 (Register 89, No. 11).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 716, 9 CA ADC § 716
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 730. Basic Requirements., 9 CA ADC § 730
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 15. Requirements for Diagnostic Services
9 CCR § 730
§ 730. Basic Requirements.
Where diagnostic services are reimbursable as a separate service under this subchapter, this service may include diagnosis,
evaluation, referral, pre-petition screening and conservatorship recommendations.
Note: Authority cited: Sections 5600.5, 5712 and 5751, Welfare and Institutions Code. Reference: Sections 5150, 5151,
5008(a), (d), (f), 5152, 5202, 5352, 5352.5, 5458(a) and 5651(b), Welfare and Institutions Code.
HISTORY
1. Editorial correction adding Note filed 10-26-82 (Register 82, No. 44).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 730, 9 CA ADC § 730
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 740. Psychiatric Direction and Supervision., 9 CA ADC § 740
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 16. Requirements for Rehabilitative Services
9 CCR § 740
§ 740. Psychiatric Direction and Supervision.
(a) Direction and Supervision. Rehabilitative services provided by a local mental health service or by contract shall be
under the general direction of a person who qualifies under Section 623, 624, 625, 626, 627, 628, 629 or 630.
(b) Medical Responsibility. For rehabilitative services provided, a physician shall assume responsibility for all those acts
of diagnosis, treatment, or prescribing or ordering of drugs which may only be performed by a licensed physician as
authorized by Section 2051 of the Business and Professions Code.
Note: Authority cited: Sections 5600.5 and 5751, Welfare and Institutions Code. Reference: Sections 5453(c), 5600,
5651(f) and 5705.5, Welfare and Institutions Code.
HISTORY
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5).
2. Change without regulatory effect correcting internal cites filed 10-27-88 (Register 88, No. 45).
3. Amendment filed 11-28-88; operative 12-28-88 (Register 89, No. 11).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 740, 9 CA ADC § 740
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 741. Treatment Plan for Patients., 9 CA ADC § 741
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 16. Requirements for Rehabilitative Services
9 CCR § 741
§ 741. Treatment Plan for Patients.
A diagnosis taken from the Diagnostic and Statistical Manual of Mental Disorders is required for all patients served
in rehabilitative services. At its inception, part of the treatment plan of each patient shall include an assessment of is
potential for rehabilitation and the place of rehabilitative services in his total program. This plan should be reviewed
and modified according to the patient's progress.
HISTORY
1. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 741, 9 CA ADC § 741
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 742. Minimum Staff., 9 CA ADC § 742
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 16. Requirements for Rehabilitative Services
9 CCR § 742
§ 742. Minimum Staff.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter
(Register 85, No. 26).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 742, 9 CA ADC § 742
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 750. Referral to Provide Continuity of Care., 9 CA ADC § 750
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 17. Requirements for Precare and Aftercare Services
9 CCR § 750
§ 750. Referral to Provide Continuity of Care.
HISTORY
1. Repealer of Article 17 (Section 750) filed 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 750, 9 CA ADC § 750
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 760. Reimbursement for Training Services., 9 CA ADC § 760
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 18. Requirements for Training Services
9 CCR § 760
§ 760. Reimbursement for Training Services.
Training services in the Local Mental Health Service may be reimbursable as a separate service under this subchapter.
When the Training service is included in one of the other services in this subchapter as a reimbursable item it may include
administrative costs, stipends and scholarships.
Note: Authority cited: Section 5751, Welfare and Institutions Code. Reference: Section 5761, Welfare and Institutions
Code.
HISTORY
1. Editorial correction adding Note filed 10-26-82 (Register 82, No. 44).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 760, 9 CA ADC § 760
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 761. Minimum Staff., 9 CA ADC § 761
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 18. Requirements for Training Services
9 CCR § 761
§ 761. Minimum Staff.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter
(Register 85, No. 26).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 761, 9 CA ADC § 761
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 770. Standards for Research Personnel., 9 CA ADC § 770
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 19. Requirements for Research and Evaluation Services
9 CCR § 770
§ 770. Standards for Research Personnel.
HISTORY
1. Amendment filed 5-11-70; effective thirtieth day thereafter (Register 70, No. 20).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter
(Register 85, No. 26).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 770, 9 CA ADC § 770
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 771. Contracting for Services., 9 CA ADC § 771
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 19. Requirements for Research and Evaluation Services
9 CCR § 771
§ 771. Contracting for Services.
The Local Mental Health Service may contract for Research and Evaluation studies through public and private agencies,
including the Department of Mental Hygiene. Personnel providing Research or Evaluation services by contract should
have qualifications equal to similar personnel providing a direct Research or Evaluation service to the Local Mental
Health Service.
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 771, 9 CA ADC § 771
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 772. Method of Program Evaluation., 9 CA ADC § 772
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 19. Requirements for Research and Evaluation Services
9 CCR § 772
§ 772. Method of Program Evaluation.
HISTORY
1. Amendment filed 5-11-70; effective thirtieth day thereafter (Register 70, No. 20).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter
(Register 85, No. 26).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 772, 9 CA ADC § 772
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 773. Local Mental Health Service Research Committee., 9 CA ADC § 773
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 19. Requirements for Research and Evaluation Services
9 CCR § 773
§ 773. Local Mental Health Service Research Committee.
Note: Authority cited for Sections 773 through 780: Sections 5400 and 5750, Welfare and Institutions Code. Reference:
Sections 5000 through 5767, Welfare and Institutions Code.
HISTORY
1. New Sections 773 through 780 filed 5-11-70; effective thirtieth day thereafter (Register 70, No. 20).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter
(Register 85, No. 26).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 773, 9 CA ADC § 773
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 774. Research Funds., 9 CA ADC § 774
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 19. Requirements for Research and Evaluation Services
9 CCR § 774
§ 774. Research Funds.
Local Mental Health Services may apply directly to the grantor for non-state research funds, singly or collectively. When
Local Mental Health Services apply with a facility of the Department for non-departmental research grant support, these
grants shall come under the general administration of the Department of Mental Hygiene and require the approval of
the Local Director before submission to the grantor. The application for the grant must include all direct and indirect
costs of the proposed research, unless a specific exception to this requirement is authorized by the Department of Mental
Hygiene.
HISTORY
1. New section filed 5-11-70; effective thirtieth day thereafter (Register 70, No. 20).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 774, 9 CA ADC § 774
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 775. Local Research Trust Fund., 9 CA ADC § 775
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 19. Requirements for Research and Evaluation Services
9 CCR § 775
§ 775. Local Research Trust Fund.
HISTORY
1. New section filed 5-11-70; effective thirtieth day thereafter (Register 70, No. 20).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter
(Register 85, No. 26).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 775, 9 CA ADC § 775
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 776. Application Review., 9 CA ADC § 776
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 19. Requirements for Research and Evaluation Services
9 CCR § 776
§ 776. Application Review.
HISTORY
1. New section filed 5-11-70; effective thirtieth day thereafter (Register 70, No. 20).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter
(Register 85, No. 26).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 776, 9 CA ADC § 776
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 777. Scientific Merit of Research Study., 9 CA ADC § 777
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 19. Requirements for Research and Evaluation Services
9 CCR § 777
§ 777. Scientific Merit of Research Study.
The Local Director in charge of the local mental health service in which a research study is to be conducted in order to
insure the scientific merit and relevance of the research shall obtain a written description of the proposed research study
and determine the competence and integrity of the researchers prior to the commencement of a research study.
HISTORY
1. New section filed 5-11-70; effective thirtieth day thereafter (Register 70, No. 20).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 777, 9 CA ADC § 777
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 778. Personal Safety and Welfare of Research Subjects., 9 CA ADC § 778
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 19. Requirements for Research and Evaluation Services
9 CCR § 778
§ 778. Personal Safety and Welfare of Research Subjects.
The local mental health service shall develop uniform policies, procedures, and forms prior to undertaking any research,
to provide for the personal safety and welfare of all subjects involved in research conducted at any of the facilities under
its jurisdiction. The participation of subjects in research shall be on the basis of informed consent. Satisfactory evidence
of compliance with these procedures will be a necessary condition for Department of Mental Hygiene research support
or reimbursement. To meet this condition, the local mental health service may comply with the department's policies
and procedures pertaining to research subjects. These safeguards concerning human rights and welfare shall apply to
all research at the facility.
HISTORY
1. New section filed 5-11-70; effective thirtieth day thereafter (Register 70, No. 20).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 778, 9 CA ADC § 778
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 779. Confidential Nature of Information and Records., 9 CA ADC § 779
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 19. Requirements for Research and Evaluation Services
9 CCR § 779
§ 779. Confidential Nature of Information and Records.
All personal data and information obtained from medical records in the course of research studies shall be confidential
and may be disclosed only to qualified professional persons providing services to the patient or to other research
personnel engaged in the study. No information obtained in the course of research may be released through publication
or other research communication unless the person studied is unidentifiable.
HISTORY
1. New section filed 5-11-70; effective thirtieth day thereafter (Register 70, No. 20).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 779, 9 CA ADC § 779
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 780. Requirement of Oath of Confidentiality., 9 CA ADC § 780
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 19. Requirements for Research and Evaluation Services
9 CCR § 780
§ 780. Requirement of Oath of Confidentiality.
In order to perform research in facilities all researchers shall sign an oath of confidentiality, as follows:
_____________
Date
As a condition of doing research concerning persons who have received services from ____________ (fill in the facility,
agency or person), I, ____________, agree not to divulge any information obtained in the course of such research to
unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received
services such that the person who received services is identifiable.
I recognize that unauthorized release of confidential information may make me subject to a civil action under provisions
of the Welfare and Institutions Code.
____________________________________________________ Signed
HISTORY
1. New section filed 5-11-70; effective thirtieth day thereafter (Register 70, No. 20).
This database is current through 2/1/19 Register 2019, No. 5
9 CCR § 780, 9 CA ADC § 780
End of Document
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1
9 CA ADC T. 9, Div. 1, Chap. 3, Refs & Annos, 9 CA ADC T. 9, Div. 1, Chap. 3,...
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 20. Requirements for 72-Hour Detoxification, Treatment and Evaluation Service for Inebriates
9 CCR T. 9, Div. 1, Chap. 3, Refs & Annos
Note: Authority cited: Section 5400, Welfare and Institutions Code. Reference: Sections 5170-5176, Welfare and
Institutions Code.
HISTORY
1. New Article 20 (Sections 781 through 788) filed 3-16-73 as an emergency; effective upon filing (Register 73, No. 11).
2. Certificate of Compliance filed 7-12-73 (Register 73, No. 28).
3. Repealer of Article 20 (Sections 781-788) filed 4-29-82; effective thirtieth day thereafter (Register 82, No. 18). For
prior history, see Register 76, No. 41.
This database is current through 2/1/19 Register 2019, No. 5
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
9 CA ADC T. 9, Div. 1, Chap. 3, Refs & Annos, 9 CA ADC T. 9, Div. 1, Chap. 3,...
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 21. Intensive Treatment for Chronic Alcoholics
9 CCR T. 9, Div. 1, Chap. 3, Refs & Annos
Note: Authority cited: Section 5400, Welfare and Institutions Code. Reference: Sections 5170-5176, Welfare and
Institutions Code.
HISTORY
1. New Article 21 (Section 790) filed 3-16-73 as an emergency; effective upon filing (Register 73, No. 11).
2. Certificate of Compliance filed 7-12-73 (Register 73, No. 28).
3. Amendment filed 7-13-73; effective thirtieth day thereafter (Register 73, No. 28).
4. Repealer of Article 21 (Section 790) filed 4-9-82; effective thirtieth day thereafter (Register 82, No. 15).
This database is current through 2/1/19 Register 2019, No. 5
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
9 CA ADC T. 9, Div. 1, Chap. 3, Refs & Annos, 9 CA ADC T. 9, Div. 1, Chap. 3,...
Barclays Official California Code of Regulations Currentness
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 3. Community Mental Health Services Under the Short-Doyle Act
Article 22. Requirements for Social and Rehabilitation Services
9 CCR T. 9, Div. 1, Chap. 3, Refs & Annos
HISTORY
1. New Article 22 (Section 795) filed 3-16-73 as an emergency; effective upon filing (Register 73, No. 11).
2. Certificate of Compliance filed 7-12-73 (Register 73, No. 28).
3. Repealer of Article 22 (Section 795) filed 1-13-83; effective thirtieth day thereafter (Register 83, No. 3).
This database is current through 2/1/19 Register 2019, No. 5
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80000. General., 22 CA ADC § 80000
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 1. General Definitions
22 CCR § 80000
§ 80000. General.
(a) The general regulations in this chapter shall apply to all community care facilities regulated by Division 6, Chapters
4 through 7, and Chapter 9, except where specifically exempted. Additional or special requirements found in the
corresponding chapters pertaining to each category shall apply only to such individual facility categories.
(b) The licensee shall ensure compliance with all applicable law and regulation.
Note: Authority cited: Sections 1530 and 1530.5, Health and Safety Code. Reference: Sections 1501, 1502, 1530 and
1531, Health and Safety Code.
HISTORY
1. *Repealer of chapter 1 (articles 1-7, sections 80001-80967, not consecutive) and new chapter 1 (articles 1-7, sections
80000-80088, not consecutive) filed 10-7-83; designated effective 1-1-84 (Register 83, No. 42). For prior history, see
Registers 81, Nos. 39 and 31; 80, Nos. 39, 24, 23, 11,10, 9, 8 and 7; 79, Nos. 44, 15 and 5; 78, Nos. 51, 44 and 26; 77, No. 2;
76, Nos. 41, 21 and 4; and 75, No. 31. * The reorganization of chapter 1 is printed as a repealer and adoption for clarity.
2. Amendment filed 12-30-83; designated effective 1-1-84 pursuant to Government Code section 11346.2(d) (Register
83, No. 53).
3. Change without regulatory effect repealing subsections (f) and (g) filed 1-9-91 pursuant to section 100, title 1, California
Code of Regulations (Register 91, No. 8).
4. Repealer of subsection (f) filed 1-7-91; effective 2-2-91 pursuant to Government Code section 11346.2(d) (Register
91, No. 12).
5. Change without regulatory effect repealing subsections (c), (d), and (e) filed 5-28-91; effective 5-28-91, pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 28).
6. Editorial correction restoring History 3 and renumbering subsequent History Notes (Register 95, No. 25).
7. Amendment of subsection (a) filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).
8. Change without regulatory effect amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California
Code of Regulations (Register 2016, No. 2).
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1
§ 80000. General., 22 CA ADC § 80000
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80000, 22 CA ADC § 80000
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80001. Definitions., 22 CA ADC § 80001
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 1. General Definitions
22 CCR § 80001
§ 80001. Definitions.
The following general definitions shall apply wherever the terms are used throughout Division 6, Chapters 1, 4 through 7,
and Chapter 9, except where specifically noted otherwise. Additional definitions found at the beginning of each chapter
in this division shall apply only to such specific facility category.
(a)(1) “Activities of Daily Living” (ADLs) mean the following six activities:
(A) Bathing: Cleaning the body using a tub, shower or sponge bath, including getting a basin of water, managing
faucets, getting in and out of tub or shower, reaching head and body parts for soaping, rinsing and drying.
(B) Dressing: Putting on and taking off, fastening and unfastening garments and undergarments and special devices
such as back or leg braces, corsets, elastic stockings/garments and artificial limbs or splints.
(C) Toileting: Getting on and off a toilet or commode, emptying a commode, managing clothes, wiping and cleaning
the body after toileting, and using and emptying a bedpan and urinal.
(D) Transferring: Moving from one sitting or lying position to another sitting or lying position (e.g., from bed to
or from a wheelchair, or sofa, coming to a standing position and/or repositioning to promote circulation and to
prevent skin breakdown).
(E) Continence: Ability to control bowel and bladder as well as to use ostomy and/or catheter receptacles, and to
apply diapers and disposable barrier pads.
(F) Eating: Reaching for, picking up, grasping a utensil and cup; getting food on a utensil; bringing food, utensil,
and cup to mouth; manipulating food on plate; and cleaning face and hands as necessary following meal.
(2) “Administrator” means the licensee, or the adult designated by the licensee to act in his/her behalf in the overall
management of the facility.
(3) “Adult” means a person who is 18 years of age or older.
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§ 80001. Definitions., 22 CA ADC § 80001
(4) “Adult Community Care Facility” (Adult CCF) means an adult residential facility (ARF).
(5) “Adult Residential Facility” means any facility of any capacity that provides 24-hour-a-day nonmedical care
and supervision to the following:
(A) persons 18 years of age through 59 years of age; and
(B) persons 60 years of age and older only in accordance with Section 85068.4.
(6) “Applicant” means any individual, firm, partnership, association, corporation, county, city, public agency or
other governmental entity that has made application for a community care facility license, administrator certificate,
or special permit.
(7) “Authorized Representative” means any person or entity authorized by law to act on behalf of any client. Such
person or entity may include but not be limited to a minor's parent, a legal guardian, a conservator or a public
placement agency.
(8) “Automated External Defibrillator” (AED) means a light-weight, portable device used to administer an electric
shock through the chest wall to the heart. Built-in computers assess the patient's heart rhythm, determine whether
defibrillation (electrical shock) is needed and then administer the shock. Audible and/or visual prompts guide the
user through the process.
(b)(1) “Basic Rate” means the rate charged by a facility to provide basic services. For SSI/SSP recipients, the basic rate
means the established nonmedical out-of-home care rate which includes any exempt income allowance but does not
include that amount allocated for the recipient's personal and incidental needs.
(2) “Basic Services” means those services required by applicable law and regulation to be provided by the licensee
in order to obtain and maintain a community care facility license.
(c)(1) “California Clearance” means an individual has no felony or misdemeanor convictions reported by the California
Department of Justice. However, the individual may have been arrested with no criminal conviction, convicted of a
minor traffic offense or adjudicated as a juvenile.
(2) “Capacity” means the maximum number of persons authorized to be provided care and supervision at any one
time in any licensed facility.
(3) “Care and Supervision” means any one or more of the following activities provided by a person or facility to
meet the needs of the clients:
(A) Assistance in dressing, grooming, bathing and other personal hygiene.
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§ 80001. Definitions., 22 CA ADC § 80001
(B) Assistance with taking medication, as specified in section 80075.
(C) Central storing and/or distribution of medications, as specified in section 80075.
(D) Arrangement of and assistance with medical and dental care.
(E) Maintenance of house rules for the protection of clients.
(F) Supervision of client schedules and activities.
(G) Maintenance and/or supervision of client cash resources or property.
(H) Monitoring food intake or special diets.
(I) Providing basic services as defined in section 80001(b)(2).
(4) “Cash Resources” means:
(A) Monetary gifts.
(B) Tax credits and/or refunds.
(C) Earnings from employment or workshops.
(D) Personal and incidental need allowances from funding sources including but not limited to SSI/SSP.
(E) Allowances paid to children.
(F) Any other similar resources as determined by the licensing agency.
(5) “Certified administrator” means an administrator who has been issued a group home or adult residential facility
certificate by the Department and whose certificate is current.
(6) “Child Abuse Central Index” means the California Department of Justice maintained statewide, multijurisdictional, centralized index of child abuse investigation reports. These reports pertain to alleged incidents of
physical abuse, sexual abuse, mental/emotional abuse and/or severe neglect. Each child protection agency (police,
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§ 80001. Definitions., 22 CA ADC § 80001
sheriff, county welfare and probation departments) is required by law to forward to the California Department of
Justice a report of every child abuse incident it investigates, unless an incident is determined to be unfounded.
(7) “Child Abuse Central Index Clearance” means that the California Department of Justice has conducted a name
search of the index and the search did not result in a match or the search resulted in a match but the California
Department of Social Services determined after an investigation that the allegation of child abuse or neglect was
not substantiated.
(8) “Child Care Center” means any facility of any capacity other than a family day care home as defined in section
102352f.(1) in which less than 24-hour per day nonmedical supervision is provided for children in a group setting.
(9) “Client” means a child or adult who is receiving care and supervision in a community care facility. Client includes
“resident” as used in the Community Care Facilities Act.
(10) “Client Who Relies Upon Others To Perform All Activities of Daily Living” means a client who is unable to
perform all six activities of daily living without physical assistance.
(11) Close friend. “Close friend” means a person who is attached to another by feelings of personal regard as
indicated by both parties involved.
(12) “Community Care Facility” means any facility, place or building where nonmedical care and supervision, as
defined in section 80001c.(2) are provided.
(13) “Community Treatment Facility” means any residential facility that provides mental health treatment services
to children in a group setting which has the capacity to provide secure containment. The facility's program
components shall be subject to program standards developed and enforced by the State Department of Mental
Health pursuant to Section 4094 of the Welfare and Institutions Code.
(14) “Completed Application” means:
(A) The applicant has submitted and the licensing agency has received all required materials including: an approved
fire clearance, if appropriate, from the State Fire Marshal; a criminal record clearance on the applicant and any
other individuals specified in section 80019.
(B) The licensing agency has completed a site visit to the facility.
(15) “Conservator” means a person appointed by the Superior Court pursuant to the provisions of section 1800 et
seq. of the Probate Code or section 5350 of the Welfare and Institutions Code, to care for the person, or estate, or
person and estate, of another.
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§ 80001. Definitions., 22 CA ADC § 80001
(16) “Consultant” means a person professionally qualified by training or experience to provide expert information
on a particular subject.
(17) “Control of Property” means the right to enter, occupy, and maintain the operation of the facility property
within regulatory requirements. Evidence of control of property may include, but is not limited to the following:
(A) a Grant Deed showing ownership; or
(B) the lease agreement or rental agreement; or
(C) a court order or similar document which shows the authority to control the property pending outcome of a
probate proceeding or an estate settlement.
(18) “Conviction” means:
(A) A criminal conviction in California; or
(B) Any criminal conviction of another state, federal, military or other jurisdiction, which if committed or attempted
in California, would have been punishable as a crime in California.
(19) “Criminal Record Clearance” means an individual has a California clearance and an FBI clearance.
(d)(1) “Day” means calendar day unless otherwise specified.
(2) “Deficiency” means any failure to comply with any provision of the Community Care Facilities Act (Health and
Safety Code, section 1500 et seq.) and/or regulations adopted by the Department pursuant to the Act.
(3) “Delayed-Egress Device” means a special time-delay, egress-control device as specified in Health and Safety
Code Sections 1531.1(b), (e), and 1569.699(a).
(4) “Dementia” means a deterioration of intellectual function and other cognitive skills, leading to a decline in one's
ability to perform activities of daily living.
(5) “Department” is defined in Health and Safety Code section 1502(b).
(6) “Developmental Disability” means a disability as defined in Welfare and Institutions Code section 4512(a).
(7) “Dietitian” means a person who is a member of or registered by the American Dietetics Association.
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§ 80001. Definitions., 22 CA ADC § 80001
(8) “Director” is defined in Health and Safety Code section 1502(c).
(e)(1) “Egress-Alert Device” means a wrist band or other device, that may be worn by a client or carried on a client's
person that triggers a visual or auditory alarm when the client leaves the facility building or grounds.
(2) “Elderly Person” means any person who is 60 years of age or older.
(3) “Emergency Approval to Operate” (LIC 9117 4/93) (EAO) means a temporary approval to operate a facility for
no more than 60 days pending the Department's decision on whether to approve or deny a provisional license.
(4) “Evaluator” means any person who is a duly authorized officer, employee or agent of the Department, including
any officer, employee or agent of a county or other public agency authorized by the Department to license
community care facilities.
(5) “Evidence of Licensee's Death” shall include, but is not limited to, a copy of the death certificate, obituary
notice, certification of death from the decedent's mortuary or a letter from the attending physician or coroner's
office verifying the licensee's death.
(6) “Exception” means a written authorization issued by the licensing agency to use alternative means which meet the
intent of a specific regulation(s) and which are based on the unique needs or circumstances of a specific client(s) or
staff person(s). Exceptions are granted for particular client(s) or staff person(s) and are not transferable or applicable
to other client(s), staff person(s), facilities or licensees.
(7) “Exemption” means an exception to the requirements of Health and Safety Code section 1522 and applicable
regulations. Exemptions are not transferable.
(8) “Existing Facility” means any community care facility operating under a valid, unexpired license on the date
this chapter becomes effective.
(f)(1) “Federal Bureau of Investigation (FBI) Clearance” means an individual has no felony or misdemeanor convictions
reported by the FBI. However, the individual may have been arrested with no criminal conviction, convicted of a minor
traffic offense or adjudicated as a juvenile.
(g)(1) “Group Home” means any facility of any capacity which provides 24-hour care and supervision to children in
a structured environment with such services provided at least in part by staff employed by the licensee. The care and
supervision provided by a group home shall be nonmedical except as permitted by Welfare and Institutions Code Section
17736(b).
(2) “Guardian” means a person appointed by the Superior Court pursuant to the provisions of sections 1500 et seq.
of the Probate Code to care for the person, or estate, or the person and estate of another.
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§ 80001. Definitions., 22 CA ADC § 80001
(h)(1) “Health Condition Relocation Order” means written notice by the Department to a licensee requiring the
relocation of a client from a CCF because either the licensee is not providing adequate care for a client's health condition
as required by the regulations or the client cannot be cared for within the limits of the license or the client requires inpatient care in a health facility or has a prohibited health condition, as specified in Section 80091.
(2) “Home Economist” means a person who holds a baccalaureate degree in home economics with a specialization
in either foods and nutrition or dietetics.
(i)(1) “Infant” means a child under two years of age.
(2) “Inhalation-assistive device” means any equipment that assists a client to breath, including, but not limited
to, aerosol delivery devices, nebulizers, humidifiers, incentive spirometry devices, positive airway pressure devices,
positive expiratory pressure devices, and intermittent positive pressure breathing (IPPB) machines.
(3) “Interdisciplinary Team” (IDT) means a team that assists the Department in evaluating the need for relocating
a client of an ARF when the client requests a review of the Department's Health Condition Relocation Order. This
team consists of a nurse practitioner and a social worker, designated by the Department, with experience in the
needs of the client population. Persons selected for an IDT shall not have been involved in the initial decision to
issue a relocation order for the client in question.
(j) (Reserved)
(k) (Reserved)
(l)(1) “Lacks Hazard Awareness or Impulse Control” means that the client poses a risk of harm to himself or herself or
others by wandering off or running away from the residence and requires an enhancement to supervision through the
use of delayed egress devices and secured perimeters without which the consumer would require placement in a more
restrictive, locked residential setting.
(2) “License” means authorization to operate a community care facility and to provide care and supervision. The
license is not transferable.
(3) “Licensed professional” means a person who is licensed in California to provide medical care or therapy. This
includes physicians and surgeons, physician assistants, nurse practitioners, registered nurses, licensed vocational
nurses, psychiatric technicians, physical therapists, occupational therapists and respiratory therapists, who are
operating within his/her scope of practice.
(4) “Licensee” means the adult, firm, partnership, association, corporation, county, city, public agency, or other
governmental entity having the authority and responsibility for the operation of a licensed community care facility.
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§ 80001. Definitions., 22 CA ADC § 80001
(5) “Licensing Agency” means the State Department of Social Services or any state, county or other public agency
authorized by the Department to assume specified licensing responsibilities pursuant to section 1511 of the Health
and Safety Code.
(m)(1) “Mandated Reporter” is defined in Welfare and Institutions Code Section 15630(a).
(2) “Medical Professional” means an individual who is licensed or certified in California to perform the necessary
medical procedures within his/her scope of practice. This includes, but is not limited to, Medical Doctor (MD),
Registered Nurse (RN) and Licensed Vocational Nurse (LVN).
(3) “Mental Disorder” means any of the disorders set forth in the Diagnostic and Statistical Manual of Mental
Disorders (Third Edition) of the American Psychiatric Association and a degree of functional impairment which
renders a person eligible for the services enumerated under the Lanterman-Petris-Short Act, commencing with
section 5000 of the Welfare and Institutions Code.
(n)(1) “Needs and Services Plan” means a written plan that identifies the specific needs of an individual client, including
those items specified in Section 80068.2, and delineates those services necessary to meet the client's identified needs.
(2) “Nonambulatory Person” means a person as defined in Health and Safety Code section 13131.
(A) A person who uses postural supports as specified in section 80072(a)(8) is deemed nonambulatory.
(B) A person is not deemed nonambulatory solely because he/she is deaf, blind, or prefers to use a mechanical aid.
(3) “Nutritionist” means a person who holds a master's degree in food and nutrition, dietetics, or public health
nutrition, or who is employed as a nutritionist by a county health department.
(o) (Reserved)
(p)(1) “Physician” means a person licensed as a physician and surgeon by the California Board of Medical Examiners
or by the California Board of Osteopathic Examiners.
(2) “Placement agency” is defined in Health and Safety Code Sections 1536.1 and 1569.47(a).
(3) “PRN Medication” (pro re nata) means any nonprescription or prescription medication which is to be taken
as needed.
(4) “Provision” or “Provide” means whenever any regulation requires that provisions be made for or that there be
provided any service, personnel, or other requirement, the licensee shall do so directly or present evidence to the
licensing agency that the requirement has been met by some other means.
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§ 80001. Definitions., 22 CA ADC § 80001
(5) “Provisional License” means a license which is temporary, nonrenewable and issued for a period not to exceed
twelve months. A provisional license is issued in accordance with the criteria specified in section 80030.
(q) (Reserved)
(r)(1) “Rehabilitation” means the effort to reestablish good character since the date of the last conviction, including, but
not limited to, education, counseling or therapy, training, stable employment, restitution, remorse, changes in lifestyle,
or community service.
(2) “Relative” means spouse, parent, stepparent, son, daughter, brother, sister, stepbrother, stepsister, half-brother,
half-sister, uncle, aunt, niece, nephew, first cousin or any such person denoted by the prefix “grand” or “great” or
the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death
or dissolution.
(3) “Responsible person” means that individual or individuals, including a relative, health care surrogate decision
maker, or placement agency, who assists the client or prospective client in placement or assumes varying degrees
of responsibility for the client's well-being. A responsible person cannot act on behalf of a client unless authorized
by law.
(s)(1) “Serious Bodily Injury” is defined in Welfare and Institutions Code Section 15610.67.
(2) “Secured Perimeters” shall have the same meaning as Health and Safety Code section 1531.15(b).
(3) “Serious Deficiency” means any deficiency that presents an immediate or substantial threat to the physical health,
mental health or safety of the clients of a community care facility.
(4) “Simplified Exemption” means an exemption granted on the Department's own motion, as authorized in
Health and Safety Code Section 1522(c)(4), if the individual's criminal history meets specific criteria established by
Department regulation.
(5) “Small Family Home” means any residential facility in the licensee's family residence providing 24-hour a day
care for six or fewer children who are mentally disordered, developmentally disabled or physically handicapped and
who require special care and supervision as a result of such disabilities.
(6) “Social Worker” means a person who has a graduate degree from an accredited school of social work.
(7) “SSI/SSP” means the Supplemental Security Income/State Supplemental Program which is a federal/state
program that provides financial assistance to aged, blind and/or disabled residents of California.
(8) “Substantial Compliance” means the absence of any serious deficiencies.
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§ 80001. Definitions., 22 CA ADC § 80001
(9) “Substantiated Complaint” means a complaint which has been investigated by the licensing agency, and as a
result, a violation of regulations has been found.
(t)(1) “Transfer Trauma” means the consequences of the stress and emotional shock caused by an abrupt, involuntary
relocation of a client or resident from one facility to another.
(u)(1) “Universal Precautions” means an approach to infection control that treats all human blood and body fluids
as if they are infectious. Generally, Universal Precautions consist of regular hand-washing after coming into contact
with another person's body fluids (mucous, saliva, urine, etc.) and includes the use of gloves when handling blood or
body fluids that contain blood. Specifically, Universal Precautions consist of the following four basic infection control
guidelines:
(A) Hand-washing - Staff should wash their hands:
1. After assisting with incontinent care or wiping a client's nose.
2. Before preparing or eating foods.
3. After using the toilet.
4. Before and after treating or bandaging a cut.
5. After wiping down surfaces, cleaning spills, or any other housekeeping.
6. After being in contact with any body fluids from another person.
7. Even if they wore gloves during contact with body fluids.
(B) Gloves - Staff should always wear gloves:
1. When they come into contact with blood or body fluids that contain blood.
2. When they have cuts or scratches on their hands.
3. When assisting with incontinent care or when cleaning up urine, stool, or vomit.
4. When administering first aid for a cut, a bleeding wound, or a bloody nose.
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§ 80001. Definitions., 22 CA ADC § 80001
5. And use gloves only one time, for one incident or client.
a. Staff must air dry their hands prior to putting on a new pair of gloves.
6. And dispose of used gloves immediately after use.
(C) Cleaning with a disinfectant - Staff should clean with a disinfectant:
1. On all surfaces and in the client's room and on an “as needed” basis on any surface that has come into
contact with blood.
2. Such as a basic bleach solution, made fresh daily by mixing:
a. 1/4 cup household liquid chloride bleach in one gallon of tap water, or one tablespoon bleach in
one quart of water.
(D) Proper disposal of infectious materials - Staff should dispose of infectious materials by:
1. Placing it in a plastic trash bag, tying it with a secure tie, and disposing of it out of reach of clients
and children.
(2) “Unlicensed Community Care Facility” means a facility as defined in Health and Safety Code section 1503.5.
(A) [Reserved]
(B) A facility which is “providing care and supervision” as defined in section 80001c(2) includes, but is not limited to,
one in which an individual has been placed by a placement agency or family members for temporary or permanent
care.
(C) A facility which is “held out as or represented as providing care or supervision” includes, but is not limited to:
(1) A facility whose license has been revoked or denied, but the individual continues to provide care for the same
or different clients with similar needs.
(2) A facility where a change of ownership has occurred and the same clients are retained.
(3) A licensed facility that moves to a new location.
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§ 80001. Definitions., 22 CA ADC § 80001
(4) A facility which advertises as providing care and/or supervision.
(D) A facility which “accepts or retains residents who demonstrate the need for care or supervision” includes, but
is not limited to:
(1) A facility with residents requiring care and/or supervision, even though the facility is providing board and room
only, or board only, or room only.
(2) A facility which houses unemancipated minors, even though the facility is providing board and room only, or
board only, or room only.
(3) A facility where it is apparent that care and/or supervision are being provided by virtue of the client's needs
being met.
(3) “Urgent Need” means a situation where prohibiting the operation of the facility would be detrimental to a client's
physical health, mental health, safety, or welfare. Circumstances constituting urgent need include but are not limited
to the following:
(A) A change in facility location when clients are in need of services from the same operator at the new location.
(B) A change of facility ownership when clients are in need of services from a new operator.
(v) (Reserved)
(w)(1) “Waiver” means a nontransferable written authorization issued by the licensing agency to use alternative
means which meet the intent of a specific regulation and which are based on a facility-wide need or circumstance.
(x) (Reserved)
(y) (Reserved)
(z) (Reserved)
Note: Authority cited: Sections 1502, 1522.41(j), 1524(e), 1530, 1530.9 and 1531.15, Health and Safety Code. Reference:
Sections 1501, 1502, 1502(a)(8), 1502.5, 1503, 1503.5, 1505, 1507, 1508, 1509, 1511, 1520, 1522, 1524, 1524(e), 1525,
1525.5, 1526, 1527, 1530, 1530.5, 1531, 1531.1, 1531.15, 1533, 1534, 1536.1, 1537, 1538.5, 1550, 1551, 1556, 1569.699(a),
1797.196 and 11834.02, Health and Safety Code; Sections 11006.9, 17736(a),17736(b) and 15610.67, Welfare and
Institutions Code; 29 CFR 1910.1030; and Joint Stipulation and Order for Settlement in the matter of California
Association of Mental Health Patients' Rights Advocates v. Cliff Allenby, et al., Santa Clara County Superior Court, No.
106-CV061397, issued November 14, 2008.
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12
§ 80001. Definitions., 22 CA ADC § 80001
HISTORY
1. Amendment of subsection (a)(28) filed 12-30-83 as an emergency; designated effective 1-1-84 pursuant to Government
Code section 11346.2(d) (Register 83, No. 53).
2. Amendment of subsection (a)(41) filed 2-21-86; effective thirtieth day thereafter (Register 86, No. 8).
3. Amendment filed 6-15-87; operative 7-15-87 (Register 87, No. 25).
4. Amendment filed 8-17-88; operative 9-16-88 (Register 88, No. 34).
5. Amendment filed 2-24-89; operative 3-26-89 (Register 89, No. 10).
6. Amendment filed 3-24-89; operative 4-23-89 (Register 89, No. 15).
7. Change without regulatory effect of subsection (a)(37)(A) pursuant to section 100(b)(3), title 1, California Code of
Regulations filed 6-8-91; operative 7-8-90 (Register 90, No. 33).
8. Renumbering former subsections (a)(51) through (a)(53) to subsections (a)(52) through (a)(54) and new subsection (a)
(51) filed 10-26-90; operative 11-25-90 (Register 90, No. 49).
9. Change without regulatory effect amending subsection (a) filed 1-9-91 pursuant to section 100, title 1, California Code
of Regulations (Register 91, No. 8).
10. Change without regulatory effect amending section filed 2-4-91 pursuant to section 100, title 1, California Code of
Regulations (Register 91, No. 11).
11. New subsection and renumbering of subsections 46 through 50 to subsections 47 through 53 filed 1-7-91; operative
2-2-91 pursuant to Government Code section 11346.1(d) (Register 91, No. 12).
12. Change without regulatory effect amending lettering and correcting cross- references filed 5-28-91 pursuant to section
100, title 1, California Code of Regulations (Register 91, No. 28).
13. Editorial correction of printing error in HISTORY 11 replacing correct wording (Register 91, No. 28).
14. Editorial correction of printing error in NOTE (Register 91, No. 32).
15. New subsections (c)(11)-(c)(11)(C), (e)(2) and (e)(4), subsection renumbering, and amendment of Note filed 6-15-93;
operative 7-15-93 (Register 93, No. 25).
16. Amendment of section and Note filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate
of Compliance must be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on
the following day.
17. Amendment of subsection (g)(1) and Note filed 5-14-97; operative 6-13-97 (Register 97, No. 20).
18. New subsection (p)(3) and subsection renumbering filed 5-15-97; operative 6-15-97 (Register 97, No. 20).
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13
§ 80001. Definitions., 22 CA ADC § 80001
19. Amendment of section and Note refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate
of Compliance must be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on
the following day.
20. Amendment of section and Note refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A
Certificate of Compliance must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation
of law on the following day.
21. Editorial correction of subsection (a)(3) (Register 98, No. 5).
22. Amendment of section and Note refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate
of Compliance must be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on
the following day.
23. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
24. Amendment of section and Note refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A
Certificate of Compliance must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation
of law on the following day.
25. New subsection (c)(8), subsection renumbering, and amendment of Note filed 6-24-98; operative 7-1-98 pursuant to
Government Code section 11343.4(d) (Register 98, No. 26).
26. Certificate of Compliance as to 3-23-98 order, including further amendment of section and Note, transmitted to OAL
7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
27. New subsection (d)(3) and subsection renumbering filed 11-12-98; operative 12-12-98 (Register 98, No. 46).
28. Amendment of subsection (a)(8), new subsections (c)(4) and (d)(1), subsection renumbering, and amendment of Note
filed 9-22-99 as an emergency; operative 9-22-99 (Register 99, No. 39). A Certificate of Compliance must be transmitted
to OAL by 3-20-2000 or emergency language will be repealed by operation of law on the following day.
29. Amendment of subsection (a)(8), new subsections (c)(4) and (d)(1), subsection renumbering, and amendment of Note
refiled 3-9-2000 as an emergency; operative 3-22-2000 (Register 2000, No. 10). A Certificate of Compliance must be
transmitted to OAL by 9-18-2000 or emergency language will be repealed by operation of law on the following day.
30. New subsection (c)(9) and subsection renumbering filed 5-23-2000 as an emergency; operative 6-1-2000 (Register
2000, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-29-2000 or emergency language will be
repealed by operation of law on the following day.
31. Certificate of Compliance as to 3-9-2000 order transmitted to OAL 4-12-2000 and filed 5-24-2000 (Register 2000,
No. 21).
32. Certificate of Compliance as to 5-23-2000 order transmitted to OAL 9-18-2000 and filed 10-16-2000 (Register 2000,
No. 42).
33. Change without regulatory effect amending subsection (e)(2) and Note filed 11-8-2000 pursuant to section 100, title
1, California Code of Regulations (Register 2000, No. 45).
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14
§ 80001. Definitions., 22 CA ADC § 80001
34. New subsection (a)(10) and amendment of Note filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
35. Amendment of subsection (u)(1)(B)3. and amendment of Note filed 8-9-2002; operative 9-8-2002 (Register 2002,
No. 32).
36. Amendment of section and Note filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29).
A Certificate of Compliance must be transmitted to OAL by 11-13-2003 or emergency language will be repealed by
operation of law on the following day.
37. Amendment of section and Note refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003, No. 46). A
Certificate of Compliance must be transmitted to OAL by 3-11-2004 or emergency language will be repealed by operation
of law on the following day.
38. Amendment of section and Note refiled 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No. 11). A
Certificate of Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be repealed by operation
of law on the following day.
39. Certificate of Compliance as to 3-11-2004 order, including further amendment of section, transmitted to OAL
7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
40. Amendment of first paragraph and subsection (a)(4), repealer of subsections (a)(5)-(6), subsection renumbering and
renumbering of definition of “Urgent Care” from (u)(2) to (u)(3) filed 12-13-2006; operative 1-12-2007 (Register 2006,
No. 50).
41. Amendment of subsection (a)(5) and new subsections (a)(5)(A)-(B) and amendment of Note filed 7-31-2009; operative
8-30-2009 (Register 2009, No. 31).
42. Amendment of first paragraph, repealer of subsection (c)(6) and subsection renumbering filed 2-6-2012; operative
3-7-2012 (Register 2012, No. 6).
43. Change without regulatory effect amending first paragraph and subsections (a)(4) and (i)(3), repealing subsection
(s)(4), renumbering subsections and amending Note filed 1-5-2016 pursuant to section 100, title 1, California Code of
Regulations (Register 2016, No. 2).
44. New subsections (l)(1) and (s)(1), subsection renumbering and amendment of Note filed 2-9-2017 as an emergency;
operative 2-9-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or
emergency language will be repealed by operation of law on the following day.
45. Change without regulatory effect adopting new subsections (m)(1) and (s)(1), renumbering subsections and amending
Note filed 5-2-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 18).
46. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017 (Register 2017,
No. 37).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80001, 22 CA ADC § 80001
End of Document
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15
§ 80005. License Required., 22 CA ADC § 80005
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 2. License
22 CCR § 80005
§ 80005. License Required.
(a) Unless a facility is exempt from licensure as specified in Section 80007, no adult, firm, partnership, association,
corporation, county, city, public agency or other governmental entity shall operate, establish, manage, conduct or
maintain a community care facility, or hold out, advertise or represent by any means to do so, without first obtaining
a current valid license from the licensing agency.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1505, 1508, 1509, 1513 and 1531,
Health and Safety Code.
HISTORY
1. Amendment filed 8-17-88; operative 9-16-88 (Register 88, No. 34)
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80005, 22 CA ADC § 80005
End of Document
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1
§ 80006. Operation Without a License., 22 CA ADC § 80006
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 2. License
22 CCR § 80006
§ 80006. Operation Without a License.
(a) An unlicensed facility is providing care and supervision as defined in section 80001u.(2), the facility is in violation of
Sections 1503.5 and/or 1508 of the Health and Safety Code unless exempted from licensure pursuant to section 80007.
(b) If the facility is alleged to be in violation of Sections 1503.5 and/or 1508 of the Health and Safety Code, the licensing
agency shall conduct a site visit and/or evaluation of the facility pursuant to Health and Safety Code section 1538.
(c) If the facility is operating without a license, the licensing agency shall issue a notice of operation in violation of law
and shall refer the case for criminal prosecution and/or civil proceedings.
(d) The licensing agency shall have the authority to issue an immediate civil penalty pursuant to section 80058 and section
1547 of the Health and Safety Code.
(e) Sections 80006(c) and (d) shall be applied pursuant to section 1549 of the Health and Safety Code.
(f) The licensing agency shall notify the appropriate placement or protective service agency if either of the following
conditions exist:
(1) There is an immediate threat to the clients' health and safety.
(2) The facility does not submit an application for licensure within 15 calendar days of being served a notice of
operation in violation of law.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1503.5, 1505, 1508, 1533, 1538, 1540,
1540.1, 1541, 1547 and 1549, Health and Safety Code.
HISTORY
1. Amendment filed 8-17-88; operative 9-16-88 (Register 88, No. 34).
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1
§ 80006. Operation Without a License., 22 CA ADC § 80006
2. Change without regulatory effect amending lettering and correcting cross-references filed 5-18-91 pursuant to section
100, title 1, California Code of Regulations (Register 91, No. 28).
3. Editorial correction of subsections (a) and (b) (Register 2002, No. 32).
4. Amendment of subsection (a) filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80006, 22 CA ADC § 80006
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80007. Exemption from Licensure., 22 CA ADC § 80007
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 2. License
22 CCR § 80007
§ 80007. Exemption from Licensure.
(a) The community care facility regulations contained in this division shall not apply to any of the following:
(1) Any health facility, as defined by section 1250 of the Health and Safety Code.
(2) Any clinic, as defined by section 1202 of the Health and Safety Code.
(3) Any family day care home providing care for the children of only one family, in addition to the operator's own
children.
(4) Any juvenile placement facility approved by the California Youth Authority or any juvenile hall operated by
a county.
(5) Any facility conducted by and for the adherents of any well-recognized church or religious denomination for the
purpose of providing facilities for the care or treatment of the sick who depend upon prayer or spiritual means for
healing in the practice of the religion of such church or denomination.
(6) Any school dormitory or similar facility where all of the following conditions exist:
(A) The school is certificated/registered by the State Department of Education.
(B) The school and the school dormitory are on the same grounds.
(C) All children accepted by the school are six years of age or older.
(D) The program operates only during normal school terms unless the academic program runs year-round.
(E) The school's function is educational only.
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§ 80007. Exemption from Licensure., 22 CA ADC § 80007
(F) The school program is not designated as providing rehabilitative or treatment services.
(G) The school's function does not promote intent to provide community care services, and the facility does not
accept children who are in need of such services, including but not limited to children with developmental disabilities,
mental disorders or physical handicaps; juveniles declared dependents of the court under Welfare and Institutions
Code section 300, and juveniles declared wards of the court under Welfare and Institutions Code sections 601 and
602.
(H) The facility does not receive any public funds designated for care including but not limited to AFDC-FC and
SSI/SSP. The facility shall be permitted to receive public funds intended for educational programs.
(I) No public or private agency, including but not limited to county welfare department and probation offices,
provides social services to children in the facility.
(7) Any house, institution, hotel, homeless shelter, or other similar place that supplies board and room only, or
room only, or board only, which provides no element of care and supervision, as defined in section 80001(c)(2).
(8) Any cooperative arrangement between parents for the day care of their children by one or more of the parents
where no payment for the day care is involved, including but not limited to the exchange of child day care services
between two or more families.
(9) Any care and supervision of persons by a relative, guardian or conservator.
(10) Any care and supervision of persons from only one family by a close friend of the parent, guardian or
conservator, provided that such arrangement is not for financial profit and does not exceed 10 hours per week.
(A) Provision of longer hours of care shall not be precluded when provided for a brief period of time for reasons,
including but not limited to family emergencies, vacation, and military leave.
(11) Any arrangement for the care and supervision of an adult or adults from only one family by a close friend,
who is not a licensee or current employee of a Residential Care Facility for the Elderly or of an Adult Residential
Facility, and whose friendship pre-existed a provider/recipient relationship, and all of the following are met:
(A) The care and supervision is provided in a home or residence chosen by the recipient, regardless of who owns
the home or residence.
(B) The arrangement is not of a business nature, in that the provider does not represent himself or herself as being
in the business of provision of care, and any compensation that may be paid to the provider is only for the value
of the services rendered.
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2
§ 80007. Exemption from Licensure., 22 CA ADC § 80007
(C) The arrangement occurs and continues only as long as the needs for care and supervision of the recipient are
being adequately met.
(12) Any facility exclusively used by a licensed homefinding agency and issued a certificate of approval by that
agency.
(A) Such facilities shall not be required to obtain a license, but shall be in compliance with all other requirements
set forth in this division. The facility's compliance with requirements shall be monitored through and assured by
the homefinding finding agency. For the purposes of this section, an exclusive-use facility shall mean a nonlicensed
residential facility that has been certified by a licensed homefinding agency as conforming to the regulations
pertaining to the small family home category. A facility in the exclusive use of a licensed homefinding agency shall
accept only those children placed by that agency which certified the home.
(13) A home which meets all of the following criteria:
(A) approved by a licensed adoption agency, or the Department, for the adoptive placement of a child, and
(B) the child is legally free for adoption, and
(C) the agency or the Department is providing supervision of the placement pending finalization of the adoption.
(14) A home which meets all of the following criteria:
(A) placement for adoption by a birth parent, and
(B) a petition for adoption has been filed by the prospective adoptive parents, and is pending, and
(C) a final decision on the petition has not been rendered by the court.
(15) Any placement agency as defined in Health and Safety Code section 1536.1 or an individual who places
individuals for care in a facility licensed to receive and care for such persons.
(16) A county probation or welfare department which places children in certified license pending homes as set forth
in section 87007.1.
(17) Any housing project for elderly or disabled individuals that meets federal requirements specified in Health and
Safety Code Section 1505(p).
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3
§ 80007. Exemption from Licensure., 22 CA ADC § 80007
(18) The Department.
(19) Any similar facility as determined by the Director.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1505, 1508, 1530, 1530.5
and 1536.1, Health and Safety Code; Sections 362, 727 and 16100, Welfare and Institutions Code; andGrimes v. CDSS
(1999) 70 Cal.App.4th 1065.
HISTORY
1. Relettering of former subsections (a)(10)-(a)(12) to subsections (a)(11)-(a)(13) and new subsection (a)(10) filed 2-21-86;
effective thirtieth day thereafter (Register 86, No. 8).
2. Editorial correction of History NOTE No. 1 (Register 87, No. 13).
3. New subsections (a)(14)-(a)(19) filed 3-25-87; effective thirtieth day thereafter (Register 87, No. 13).
4. Change without regulatory effect amending subsection (a) filed 1-9-91 pursuant to section 100, title 1, California Code
of Regulations (Register 91, No. 8).
5. Change without regulatory effect amending lettering and correcting cross-references filed 5-28-91; effective 5-28-91
pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 28).
6. Amendment of subsection (a)(7) filed 7-26-91; operative 8-26-91 (Register 91, No. 51).
7. New subsections (a)(11)-(a)(11)(C), subsection renumbering and amendment of Note filed 5-23-2000 as an emergency;
operative 6-1-2000 (Register 2000, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-29-2000 or
emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 5-23-2000 order transmitted to OAL 9-18-2000 and filed 10-16-2000 (Register 2000,
No. 42).
9. New subsection (a)(17), subsection renumbering and amendment of Note filed 7-23-2002; operative 8-22-2002
(Register 2002, No. 30).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80007, 22 CA ADC § 80007
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
4
§ 80008. Licensing of Integral Facilities., 22 CA ADC § 80008
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 2. License
22 CCR § 80008
§ 80008. Licensing of Integral Facilities.
(a) Upon written application from the licensee, the licensing agency 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 the facility are integral components of a single program.
(2) All components of the program are managed by the same licensee.
(3) All components of the program are conducted at a single site with a common address.
(b) If (a) above does not apply, each separately licensed component of a single program shall be capable of independently
meeting the provisions of applicable regulations as determined by the licensing agency.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1508, 1509 and 1513, Health and
Safety Code.
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80008, 22 CA ADC § 80008
End of Document
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1
§ 80010. Limitations on Capacity and Ambulatory Status., 22 CA ADC § 80010
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 2. License
22 CCR § 80010
§ 80010. Limitations on Capacity and Ambulatory Status.
(a) A licensee shall not operate a facility beyond the conditions and limitations specified on the license, including the
capacity limitation.
(b) Facilities or rooms approved for ambulatory clients only shall not be used by nonambulatory clients.
(1) Clients whose condition becomes nonambulatory shall not use rooms or areas restricted to ambulatory clients.
(2) The licensing agency shall have the authority to require clients who use ambulatory sections of the facility to
demonstrate that they are ambulatory.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1528 and 1531, Health and
Safety Code.
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80010, 22 CA ADC § 80010
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80011. Advertisements and License Number., 22 CA ADC § 80011
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 2. License
22 CCR § 80011
§ 80011. Advertisements and License Number.
(a) Licensees shall reveal each facility license number in all advertisements in accordance with Health and Safety Code
section 1514. Non-residential facilities shall be exempt from this requirement.
(b) Correspondence shall be considered a form of advertisement if the intent is to attract clients.
(c) Licensees who operate more than one facility and use a common advertisement for these facilities shall be required
to list each facility license number in accordance with Health and Safety Code section 1514.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Section 1514, Health and Safety Code.
HISTORY
1. New section filed 4-24-91; operative 5-24-91 (Register 91, No. 24).
2. Amendment of subsection (a) filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80011, 22 CA ADC § 80011
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80012. False Claims., 22 CA ADC § 80012
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 2. License
22 CCR § 80012
§ 80012. False Claims.
(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 altered license.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1508 and 1531, Health and
Safety Code.
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80012, 22 CA ADC § 80012
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80017. Nondiscrimination of Applicants., 22 CA ADC § 80017
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80017
§ 80017. Nondiscrimination of Applicants.
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, gender identity, HIV status, or ancestry.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Section 51, Civil Code; Section 1520, Health
and Safety Code; and Section 16013, Welfare and Institutions Code.
HISTORY
1. Change without regulatory effect amending subsection (a) and Note filed 12-10-2003 pursuant to section 100, title 1,
California Code of Regulations (Register 2003, No. 50).
2. Amendment of section heading, section and Note filed 7-9-2008; operative 8-8-2008 (Register 2008, No. 28).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80017, 22 CA ADC § 80017
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80018. Application for License., 22 CA ADC § 80018
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80018
§ 80018. Application for License.
(a) Any adult, firm, partnership, association, corporation, county, city, public agency or other governmental entity
desiring to obtain a license shall file with the licensing agency a verified application on forms furnished by the licensing
agency.
(b) Prior to filing an application, the applicant shall attend an orientation designed for the specific facility type and
provided by the licensing agency.
(1) The orientation shall cover, but not be limited to, the following areas:
(A) Completion of the application for license.
(B) Scope of operation subject to regulation by the department.
(2) An applicant, who is already licensed for a facility in the same category, shall not be required to attend an
orientation if the last orientation attended was for the same facility type and within two (2) years of the next
scheduled orientation.
(3) An applicant applying for more than one facility license, in the same facility type, shall be required to attend
only one orientation.
(c) The applicant/licensee shall cooperate with the licensing agency in providing verification and/or documentation as
requested by the licensing agency.
(d) The application and supporting documents shall contain the following:
(1) Name or proposed name and address of facility.
(2) Name, and residence and mailing addresses of applicant.
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§ 80018. Application for License., 22 CA ADC § 80018
(A) If the applicant is a partnership, the name, and principal business address of each partner.
(B) If the applicant is a corporation or association, the name, title and principal business address of each officer,
executive director and member of the governing board.
(C) If the applicant is a corporation which issues stock, the name and address of each person owning more than
10 percent of stock in such corporation.
(D) If the applicant is a corporation or association, a copy of the articles of incorporation, constitution and by-laws.
(E) If the applicant is a corporation, each member of the board of directors, executive director, and any officer shall
list the name of facilities which they have been licensed to operate, employed by or a member of the board of the
directors, executive director or an officer.
(3) Name and address of owner of facility premises if applicant is leasing or renting.
(4) Procedures as required pursuant to Section 1524.5 of the Health and Safety Code.
(5) The category of facility to be operated.
(6) Maximum number of persons to be served.
(7) Age range, sex and the categories of persons to be served, including but not limited to persons with developmental
disabilities, mental disorders, physically handicapped and/or nonambulatory persons.
(8) Hours or periods of facility operation.
(9) Name of administrator, if applicable.
(10) Information required by Health and Safety Code Section 1520(d).
(11) Information required by Health and Safety Code Section 1520(e).
(12) Name, address and telephone number of the city or county fire department, the district providing fire protection
services, or the State Fire Marshal's Office having jurisdiction in the area where the facility is located.
(13) A plan of operation as specified in Section 80022.
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§ 80018. Application for License., 22 CA ADC § 80018
(14) Fingerprint cards as specified in Section 80019.
(15) Information required by Health and Safety Code Section 1522.1.
(16) The bonding affidavit specified in Section 80025(a).
(17) A health screening report on the applicant as specified in Section 80065(g).
(18) The fee for processing the application by the requested capacity as specified in Section 80036.
(19) Such other information as may be required pursuant to Section 1520(g) of the Health and Safety Code.
(e) The application shall be signed by the applicant.
(1) If the applicant is a partnership, the application shall be signed by each partner.
(2) If the applicant is a firm, association, corporation, county, city, public agency or other governmental entity, the
application shall be signed by the chief executive officer or authorized representative.
(f) The application shall be filed with the licensing agency which serves the geographical area in which the facility is
located.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1520, 1520.11, 1522, 1522.1,
1523.1, 1524.5 and 1560, Health and Safety Code.
HISTORY
1. Amendment of subsection (c) filed 12-22-87; operative 1-21-88 (Register 88, No. 2).
2. Amendment of subsection (c) filed 12-30-87 as an emergency; operative 1-1-88 (Register 88, No. 2). A Certificate of
Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-2-88.
3. Certificate of Compliance transmitted to OAL 4-28-88 and filed 5-31-88 (Register 88, No. 30).
4. Amendment of subsection (c)(17) filed 8-17-88, operative 9-16-88 (Register 88, No. 34).
5. Amendment of subsection (c) filed 11-18-88; operative 12-18-88 (Register 88, No. 49).
6. Change without regulatory effect of subsections (c)(15) and (c)(17) pursuant to section 100, title 1, California Code
of Regulations filed 1-9-89 (Register 89, No. 3).
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§ 80018. Application for License., 22 CA ADC § 80018
7. Editorial correction of Register Number in HISTORY 5. (Register 89, No. 6).
8. New subsection (b), amendment of subsection (d) and NOTE, and subsection relettering filed 10-9-91; operative
11-8-91 (Register 92, No. 8).
9. Amendment of subsection (d)(2)(B), new subsection (d)(2)(E) and amendment of Note filed 10-4-2000; operative
11-3-2000 (Register 2000, No. 40).
10. Change without regulatory effect amending subsection (d)(18) and amending Note filed 6-29-2001 pursuant to section
100, title 1, California Code of Regulations (Register 2001, No. 26).
11. Editorial correction restoring inadvertently deleted subsection (d)(1) (Register 2014, No. 29).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80018, 22 CA ADC § 80018
End of Document
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§ 80019. Criminal Record Clearance., 22 CA ADC § 80019
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80019
§ 80019. Criminal Record Clearance.
(a) The Department shall conduct a criminal record review of all individuals specified in Health and Safety Code Section
1522(b) and shall have the authority to approve or deny a facility license, or employment, residence, or presence in the
facility, based upon the results of such review.
[Sections 80019(b) et seq. are to be effective on January 1, 2001.]
(b) The following persons are exempt from the requirement to submit fingerprints:
(1) A medical professional, as defined by the Department in regulations, who holds a valid license or certification
from the individual's governing California medical care regulatory entity and who is not employed, retained, or
contracted by the licensee, if all of the following apply:
(A) The criminal record of the individual has been cleared as a condition of licensure or certification by the
individual's California medical care regulatory entity.
(B) The individual is providing time-limited specialized clinical care or services.
(C) The individual is providing care or services within the individual's scope of practice.
(D) The individual is not a community care facility licensee or an employee of the facility.
(2) A third-party repair person, or similar retained contractor, if all of the following apply:
(A) The individual is hired for a defined, time-limited job.
(B) The individual is not left alone with clients.
(C) When clients are present in the room in which the repairperson or contractor is working, a staff person who has
a criminal record clearance or exemption is also present.
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§ 80019. Criminal Record Clearance., 22 CA ADC § 80019
(3) Employees of a licensed home health agency and other members of licensed hospice interdisciplinary teams who
have a contract with a client of the facility, and are in the facility at the request of that client or resident's legal
decision maker.
(A) The exemption shall not apply to a person who is a community care facility licensee or an employee of the facility.
(4) Clergy and other spiritual caregivers who are performing services in common areas of the residential care facility,
or who are advising an individual client at the request of, or with the permission of, the client.
(A) This exemption shall not apply to a person who is a community care facility licensee or an employee of the
facility.
(5) Members of fraternal, service and similar organizations who conduct group activities for clients, if all of the
following apply:
(A) Members are not left alone with the clients.
(B) Members do not transport clients off the facility premises.
(C) The same group does not conduct such activities more often than once a month.
(6) The following persons in homes certified by licensed Foster Family Agencies:
(A) Adult friends and family of the certified foster parent, who come into the home to visit for a length of time
no longer than one month, provided they are not left alone with the foster children. However, the certified foster
parent, acting as a reasonable and prudent parent, as defined in paragraph (2) of subdivision (a) of Section 362.04
of the Welfare and Institutions Code, may allow his or her adult friends and family to provide short-term care to
the foster child and act as an appropriate occasional short-term babysitter for the child.
(B) Parents of a foster child's friends when the child is visiting the friend's home and the friend, certified foster parent
or both are also present. However, the certified foster parent, acting as a reasonable and prudent parent, may allow
the parent of the foster child's friends to act as an appropriate short-term babysitter for the child without the friend
being present.
(C) Individuals who are engaged by any certified foster parent to provide short-term babysitting to the child for
periods not to exceed 24 hours. Certified foster parents shall use a reasonable and prudent parent standard in
selecting appropriate individuals to act as appropriate occasional short-term babysitters.
(7) The following persons in small family homes:
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§ 80019. Criminal Record Clearance., 22 CA ADC § 80019
(A) Adult friends and family of the licensee who come into the home to visit, for a length of time no longer than
one month, provided they are not left alone with the children.
(B) Parents of a child's friends when the child is visiting the friend's home and the friend, foster parent or both are
also present.
(8) The following persons in adult residential facilities unless contraindicated by the client's individualized program
plan (IPP), or needs and service plan:
(A) A spouse, significant other, relative, close friend of a client, or the attendant or facilitator who is not employed,
retained or contracted by the licensee for a client with a developmental disability, as long as the person is visiting
the resident or providing direct care and supervision to that client only.
(B) An attendant or facilitator for a client with a developmental disability if the attendant or facilitator is not
employed, retained or contracted by the licensee.
(C) The exemptions in Section 80019(b)(9)(A) or (B) apply only if the person is visiting the client or providing direct
care and supervision to the client.
(9) Nothing in this paragraph shall prevent a licensee from requiring a criminal record clearance of any individual
exempt from the requirements of this section, provided that the individual has client contact.
(c) Prior to the Department issuing a licensee, the applicant, administrator and any adult other than a client, residing
in the facility shall obtain a California criminal record clearance or exemption as specified in Health and Safety Code
section 1522(a)(4).
(d) All individuals subject to criminal record review shall be fingerprinted and sign a Criminal Record Statement (LIC
508 [Rev. 1/03]) under penalty of perjury.
(1) A person signing the LIC 508 must:
(A) Declare whether he/she has been convicted of a crime, other than a minor traffic violation as specified in Section
80019(i) regardless of whether the individual was granted a pardon for the conviction, received an expungement
pursuant to Penal Code 1203.4 or the individual's record was sealed as a result of a court order.
(B) If convicted of a crime other than a minor traffic violation, provide information regarding the conviction.
(2) The licensee shall submit these fingerprints to the California Department of Justice, along with a second set
of fingerprints for the purpose of searching the records of the Federal Bureau of Investigation, or to comply with
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§ 80019. Criminal Record Clearance., 22 CA ADC § 80019
the requirements of Section 80019(e), prior to the individual's employment, residence, or initial presence in the
community care facility.
(A) Fingerprints shall be submitted to the California Department of Justice by the licensee, or sent by electronic
transmission to the California Department of Justice by a fingerprinting entity approved by the Department.
(e) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1522 shall prior to
working, residing or volunteering in a licensed facility:
(1) Obtain a California clearance or a criminal record exemption as required by the Department or
(2) Request a transfer of a criminal record clearance as specified in Section 80019(f) or
(3) Request and be approved for a transfer of a criminal record exemption, as specified in Section 80019.1(r), unless,
upon request for the transfer, the Department permits the individual to be employed, reside or be present at the
facility.
(f) A licensee or applicant for a license may request a transfer of a criminal record clearance from one state licensed
facility to another, or from TrustLine to a state licensed facility by providing the following documents to the Department:
(1) A signed Criminal Background Clearance Transfer Request, LIC 9182 (Rev. 4/02).
(2) A copy of the individual's:
(A) Driver's license, or
(B) Valid identification card issued by the Department of Motor Vehicles, or
(C) Valid photo identification issued by another state or the United States government if the individual is not a
California resident.
(3) Any other documentation required by the Department [e.g., Criminal Record Statement - LIC 508, (Rev. 1/03)
or for Foster Family Homes, Small Family Homes and Certified Family Homes an LIC 508D (Rev. 1/03) which
are incorporated by reference, and job description].
(g) Violation of Section 80019(e) will result in a citation of a deficiency and an immediate assessment of civil penalties
of one hundred dollars ($100) per violation per day for a maximum of five (5) days by the Department.
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§ 80019. Criminal Record Clearance., 22 CA ADC § 80019
(1) Subsequent violations within a twelve (12) month period will result in a civil penalty of one hundred dollars
($100) per violation per day for a maximum of thirty (30) days.
(2) The Department may assess civil penalties for continued violations as permitted by Health and Safety Code
Section 1548.
(h) Violation of Section 80019(e) may result in a denial of the license application or suspension and/or revocation of
the license.
(i) If the criminal record transcript of any individuals specified in Health and Safety Code Section 1522(b) discloses a
plea or verdict of guilty or a conviction following a plea of nolo contendere for any crime other than a minor traffic
violation for which the fine was less than $300, and an exemption pursuant to Section 80019.1(a) has not been granted,
the Department shall take the following actions:
(1) For initial applicants, denial of the application.
(2) For current licensees, the Department may institute an administrative action, including, but not limited to,
revocation of the license.
(3) For current employees, exclude the affected individual pursuant to Health and Safety Code Section 1558, and
deny the application or revoke the license, if the individual continues to provide services and/or reside at the facility.
(4) For convicted individuals residing in the facility, exclusion of the affected individual pursuant to Health and
Safety Code Section 1558, and denial of the application or revocation of the license, if the individual continues to
provide services and/or reside at the facility.
(j) The licensee shall maintain documentation of criminal record clearances or criminal record exemptions of employees
in the individual's personnel file as required in Section 80066.
(1) Documentation shall be available for inspection by the Department.
(k) The Department may seek verification from a law enforcement agency or court of an individual's criminal record as
reported to the Department from any member of the public or affected individual.
(1) Upon obtaining confirmation from a law enforcement agency or court of the offense, the Department shall
proceed as if this criminal record information was provided by the California Department of Justice.
Note: Authority cited: Sections 1530 and 1548(e), Health and Safety Code. Reference: Sections 1503.5, 1505, 1508, 1522,
1531, 1533, 1538, 1540, 1540.1, 1541, 1547, 1548 and 1549, Health and Safety Code.
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§ 80019. Criminal Record Clearance., 22 CA ADC § 80019
HISTORY
1. Amendment filed 8-17-88; operative 9-16-88 (Register 88, No. 34).
2. Amendment of subsection (c)(1) filed 2-5-88; operative 3-6-88 (Register 88, No. 8).
3. Amendment of subsection (d) and Note filed 10-9-91; operative 11-8-91 (Register 92, No. 8).
4. Change without regulatory effect amending subsection (c)(1) filed 3-10-92 pursuant to section 100, title 1, California
Code of Regulations (Register 92, No. 15).
5. Editorial correction deleting extraneous text (Register 95, No. 25).
6. Amendment filed 5-18-2000 as an emergency; operative 5-18-2000 (Register 2000, No. 20). Pursuant to Section 73 of
Senate Bill 933, Chapter 311, Statutes of 1998 a Certificate of Compliance must be transmitted to OAL by 11-14-2000
or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 6 (Register 2000, No. 38).
8. Certificate of Compliance as to 5-18-2000 order, including further amendment of section, transmitted to OAL
11-14-2000 and filed 12-19-2000, and new subsections (b)-(b)(10) filed 12-19-2000; operative 1-1-2001 (Register 2000,
No. 51).
9. Amendment filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29). A Certificate of Compliance
must be transmitted to OAL by 11-13-2003 or emergency language will be repealed by operation of law on the following
day.
10. Amendment refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003, No. 46). A Certificate of
Compliance must be transmitted to OAL by 3-11-2004 or emergency language will be repealed by operation of law on
the following day.
11. Amendment refiled 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No. 11). A Certificate of
Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be repealed by operation of law on
the following day.
12. Certificate of Compliance as to 3-11-2004 order, including further amendment of section, transmitted to OAL
7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
13. Amendment filed 7-11-2006; operative 8-10-2006 (Register 2006, No. 28).
14. Repealer of subsections (b)(7)-(b)(7)(D)3. and subsection renumbering filed 12-13-2006; operative 1-12-2007
(Register 2006, No. 50).
15. Change without regulatory effect amending subsections (b)(8) and (c) filed 1-5-2016 pursuant to section 100, title 1,
California Code of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
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§ 80019. Criminal Record Clearance., 22 CA ADC § 80019
22 CCR § 80019, 22 CA ADC § 80019
End of Document
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7
§ 80019.1. Criminal Record Exemption., 22 CA ADC § 80019.1
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80019.1
§ 80019.1. Criminal Record Exemption.
(a) The Department will notify a licensee to act immediately to remove from the facility or bar from entering the facility
any person described in Sections 80019.1(a)(1) through (5) below while the Department considers granting or denying
an exemption. Upon notification, the licensee shall comply with the notice.
(1) Any person who has been convicted of, or is awaiting trial for, a sex offense against a minor;
(2) Any person who has been convicted of a felony;
(3) Any person who has been convicted of an offense specified in Sections 243.4, 273a, 273d, 273g, or 368 of the
Penal Code or any other crime specified in Health and Safety Code Section 1522(c)(3);
(4) Any person who has been convicted of any crime specified below:
(A) Battery
(B) Shooting at Inhabited Dwelling
(C) Corporal Injury on Spouse/Cohabitant
(D) Discharging Firearm with Gross Negligence
(E) Exhibiting Weapon/Firearm
(F) Threat to Commit a Crime Resulting in Gross Bodily Injury or Death
(G) Criminal Threat to Harm or Injure Another Person
(H) Cruelty to Animals
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§ 80019.1. Criminal Record Exemption., 22 CA ADC § 80019.1
(I) Willful Harm or Injury to Child; or
(5) Any other person ordered to be removed by the Department.
(b) In addition to the requirements of Section 80019.1(a), the licensee must return the confirmation of removal form that
is sent by the Department, within five (5) days of the date of the form, that confirms under penalty of perjury that the
individual has been removed from the facility.
(1) Confirmation must be made on either a Removal Confirmation - Exemption Needed, LIC 300A (Rev. 9/03),
Removal Confirmation - Denial, LIC 300B (Rev. 9/03), Removal Confirmation - Rescinded, LIC 300C (Rev. 9/03),
or Removal Confirmation - Nonexemptible, LIC 300D (Rev. 9/03).
(c) After a review of the criminal record transcript, the Department may grant an exemption if:
(1) The applicant/licensee requests an exemption in writing for himself or herself, or
(2) The applicant/licensee requests an exemption in writing for an individual associated with the facility, or
(3) The applicant/licensee chooses not to seek an exemption on the affected individual's behalf, the affected
individual requests an individual exemption in writing, and
(4) The affected individual presents substantial and convincing evidence satisfactory to the Department that he/she
has been rehabilitated and presently is of such good character as to justify being issued or maintaining a license,
employment, presence, or residence in a licensed facility.
(d) To request a criminal record exemption, a licensee or license applicant must submit information that indicates that the
individual meets the requirements of Section 80019.1(c)(4). The Department will notify the licensee or license applicant
and the affected individual, in concurrent, separate notices, that the affected individual has a criminal conviction and
needs to obtain a criminal record exemption.
(1) The notice to the affected individual shall include a list of the conviction(s) that the Department is aware of at
the time the notice is sent that must be addressed in an exemption request.
(2) The notice will list the information that must be submitted to request a criminal record exemption.
(3) The information must be submitted within forty five (45) days of the date of the Department's notice.
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§ 80019.1. Criminal Record Exemption., 22 CA ADC § 80019.1
(A) Individuals who submit a criminal record exemption request shall cooperate with the Department by providing
any information requested by the Department, including, but not limited to, police reports and certified court
documents to process the exemption request, pursuant to Section 80019.1(e).
(B) If the individual for whom the criminal record exemption is requested is an employee or resident other than a
spouse or a dependent family member and the licensee/license applicant does not submit the information listed in
the Department's written notice within 45 days of the date of the notice, the Department may cease processing the
exemption request and close the case.
(C) If the individual for whom the criminal record exemption is requested is an applicant, licensee, spouse
or dependent family member and the licensee/license applicant does not submit the information listed in the
Department's written notice within 45 days of the date of the notice, the Department may deny the exemption
request.
(D) Individuals may request a criminal record exemption on their own behalf if the licensee or license applicant:
1. Chooses not to request the exemption and
2. Chooses not to employ or terminates the individual's employment after receiving notice of the
individual's criminal history, or
3. Removes the individual who resides in the facility after receiving notice of the individual's criminal
history.
(e) The Department shall consider factors including, but not limited to, the following as evidence of good character and
rehabilitation:
(1) The nature of the crime including, but not limited to, whether it involved violence or a threat of violence to others.
(2) Period of time since the crime was committed and number of offenses.
(3) Circumstances surrounding the commission of the crime that would demonstrate the unlikelihood of repetition.
(4) Activities since conviction, including employment or participation in therapy or education, that would indicate
changed behavior.
(5) Granting by the Governor of a full and unconditional pardon.
(6) Character references.
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§ 80019.1. Criminal Record Exemption., 22 CA ADC § 80019.1
(A) All character references shall be on a Reference Request form (LIC 301E - Exemptions [Rev. 7/03]).
(7) A certificate of rehabilitation from a superior court.
(8) Evidence of honesty and truthfulness as revealed in exemption application documents.
(A) Documents include, but are not limited to:
1. A Criminal Record Statement (LIC 508, [Rev. 1/03]) or for Foster Family Homes, Small Family Homes
and Certified Family Homes an LIC 508D [Rev. 1/03]) and
2. The individual's written statement/explanation of the conviction and the circumstances about the arrest.
(9) Evidence of honesty and truthfulness as revealed in exemption application interviews and conversations with
the Department.
(f) The Department shall also consider the following factors in evaluating a request for an exemption:
(1) Facility and type of association.
(2) The individual's age at the time the crime was committed.
(g) The Department may deny an exemption request if:
(1) The licensee and/or the affected individual fails to provide documents requested by the Department, or
(2) The licensee and/or the affected individual fails to cooperate with the Department in the exemption process.
(h) The reasons for any exemption granted or denied shall be in writing and kept by the Department.
(1) Exemption denial notices shall specify the reason the exemption was denied.
(i) The Department has the authority to grant a criminal record exemption that places conditions on the individual's
continued licensure, and employment or presence in a licensed facility.
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§ 80019.1. Criminal Record Exemption., 22 CA ADC § 80019.1
(j) It shall be conclusive evidence that the individual is not of such good character as to justify issuance of an exemption
if the individual:
(1) Makes a knowingly false or misleading statement regarding:
(A) Material relevant to their application for a criminal record clearance or exemption,
(B) His or her criminal record clearance or exemption status to obtain employment or permission to be present in
a licensed facility, after the Department has ordered that they be excluded from any or all licensed facilities, or
(C) His or her criminal record clearance or exemption status in order to obtain a position with duties that are
prohibited to him/her by a conditional exemption; or
(2) Is on probation or parole.
(A) If the individual is currently on probation, and provides sufficient proof that the probationary period(s) is
informal, unsupervised and no probation officer is assigned, the Department may, in its discretion, grant a criminal
record exemption notwithstanding Section 80019.1(j)(2).
(B) Section 80019.1(j)(2) does not apply to Certified Family Homes.
(k) The Department shall consider granting a criminal record exemption if the individual's criminal history meets all of
the applicable criteria specified in Sections 80019.1(k)(1) through (6) and the individual provides the Department with
substantial and convincing evidence of good character as specified in Section 80019.1(c)(4). For purposes of this section,
a violent crime is a crime that, upon evaluation of the code section violated or the reports regarding the underlying
offense, presents a risk of harm or violence.
(1) The individual has been convicted of one nonviolent misdemeanor, and one year has lapsed since completing
the most recent period of incarceration or probation.
(2) The individual has been convicted of two or more nonviolent misdemeanors and four consecutive years have
lapsed since completing the most recent period of incarceration, probation or parole, whichever is latest.
(3) The individual has been convicted of one or more violent misdemeanors and 15 consecutive years have lapsed
since completing the most recent period of incarceration, probation or parole, whichever is latest.
(4) The individual has been convicted of one nonviolent felony and four consecutive years have lapsed since
completing the most recent period of incarceration, probation or parole, whichever is latest.
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§ 80019.1. Criminal Record Exemption., 22 CA ADC § 80019.1
(5) The individual has been convicted of two or more nonviolent felonies and ten consecutive years have lapsed since
completing the most recent period of incarceration, probation or parole, whichever is latest.
(6) The individual has not been convicted of a violent felony.
(7) If the individual is currently on probation, and provides sufficient proof that the probationary period(s) is
informal, unsupervised and no probation officer is assigned, the period of lapsed time required in Sections 80019.1(k)
(1) through (5) above shall begin from the last date of conviction(s).
(l) It shall be a rebuttable presumption that an individual is not of such good character as to justify the issuance of an
exemption if the individual fails to meet the requirements specified in Sections 80019.1(k)(1) through (6).
(m) The Department shall not grant an exemption if the individual has a conviction for any offense specified in Section
1522(g)(1) of the Health and Safety Code.
(n) The Department shall consider granting a simplified criminal record exemption only if the individual has the criminal
history profile outlined in Sections 80019.1(n)(1) through (4) below:
(1) The individual does not have a demonstrated pattern of criminal activity;
(2) The individual has no more than one conviction;
(3) The conviction is a misdemeanor and is a crime that is nonviolent and does not pose a risk of harm to an
individual; and
(4) It has been at least five consecutive years since the completion of the most recent period of incarceration or
supervised probation.
(o) At the Department's discretion, an individual who is otherwise eligible for a simplified exemption may be required
to go through the standard exemption process if the Department determines such action will help to protect the health
and safety of clients.
(p) If the Department denies or cannot grant a criminal record exemption the Department shall:
(1) For initial applicants, deny the application.
(2) For current licensees, the Department may institute an administrative action, including, but not limited to,
revocation of the license.
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§ 80019.1. Criminal Record Exemption., 22 CA ADC § 80019.1
(3) For current employees, exclude the affected individual pursuant to Health and Safety Code Section 1558, deny
the application or revoke the license, if the individual continues to provide services and/or reside at the facility.
(4) For individuals residing in the facility or the licensee, exclude the affected individual pursuant to Health and
Safety Code Section 1558, deny the application or revoke the license, if the individual continues to provide services
and/or reside at the facility.
(q) If a request for an exemption has been denied, the individual shall be excluded for a period of two years unless the
individual has been convicted of a crime for which no exemption may be granted pursuant to Section 80019.1(m). If a
request for an exemption has been denied based on a conviction of a crime for which no exemption may be granted, the
individual shall be excluded for the remainder of the individual's life.
(1) If the Department determines during the review of an exemption request, that the individual was denied an
exemption for a conviction of a crime for which an exemption may be granted within the preceding two years, the
Department shall cease any further review of the request until two years have elapsed from the date of the denial.
In cases where the individual requested a hearing on an exemption denial, the Department shall cease review of
the request for an exemption until two years from the effective date of the decision and order of the Department
upholding the denial. In cases where the individual submitted a petition for reinstatement or reduction in penalty
pursuant to Government Code Section 11522 that was denied, the Department shall cease review of the request
for an exemption until two years from the effective date of the decision and order of the Department denying the
petition.
(2) An exclusion order based solely upon a denied exemption shall remain in effect and the individual shall not be
employed in or present in a licensed facility or certified home, unless either a petition or an exemption is granted.
(3) If an individual who has previously been denied an exemption re-applies after the relevant time period described
in Section 80019.1(q)(1) above, the Department may, according to the provisions in Section 80019.1 et seq., grant
or deny the subsequent request for an exemption.
(4) If an individual submits a petition pursuant to Government Code Section 11522 for reinstatement or reduction of
penalty for an exclusion, an individual must submit his/her fingerprints through an electronic fingerprinting system
approved by the Department and submit to the Department a statement of the reason why the individual should
be permitted to work or be present in a facility, along with all information required of an individual requesting a
criminal record exemption as provided in Section 80019.1. If it is determined, based upon information provided by
the Department of Justice, that the individual has been convicted of a crime for which no exemption may be granted,
the petition shall be denied. An individual's failure to submit fingerprints or other information as requested by the
Department, shall be grounds for denial of the petition. The burden shall be on the petitioner to prove sufficient
rehabilitation and good character to justify the granting of the petition.
(r) A licensee or applicant for a license may request a transfer of a criminal record exemption from one state licensed
facility to another by providing the following documents to the Department:
(1) A signed Criminal Record Exemption Transfer Request, LIC 9188 (Rev. 9/03).
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§ 80019.1. Criminal Record Exemption., 22 CA ADC § 80019.1
(2) A copy of the individual's:
(A) Driver's license, or
(B) Valid identification card issued by the Department of Motor Vehicles, or
(C) Valid photo identification issued by another state or the United States Government if the individual is not a
California resident.
(3) Any other documentation required by the Department (e.g., Criminal Record Statement - LIC 508, [Rev.1/03]
or for Foster Family Homes, Small Family Homes and Certified Family Homes an LIC 508D [Rev. 1/03] and job
description).
(s) The Department may consider factors including, but not limited to, the following in determining whether or not to
approve an exemption transfer:
(1) The basis on which the Department granted the exemption;
(2) The nature and frequency of client contact in the new position;
(3) The category of facility where the individual wishes to transfer;
(4) The type of clients in the facility where the individual wishes to transfer;
(5) Whether the exemption was appropriately evaluated and granted in accordance with existing exemption laws
or regulations; or
(6) Whether the exemption meets current exemption laws or regulations.
(t) If the Department denies the individual's request to transfer a criminal record exemption, the Department shall provide
the individual and the licensee with written notification that states the Department's decision and informs the affected
individual of their right to an administrative hearing to contest the Department's decision.
(u) At the Department's discretion, an exemption may be rescinded if it is determined that:
(1) The exemption was granted in error, or
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8
§ 80019.1. Criminal Record Exemption., 22 CA ADC § 80019.1
(2) The exemption does not meet current exemption laws or regulations, or
(3) The conviction for which an exemption was granted subsequently becomes non-exemptible by law.
(v) The Department may rescind an individual's criminal record exemption if the Department obtains evidence showing
that the individual engaged in conduct that is inconsistent with the good character requirement of a criminal record
exemption, as evidenced by factors including, but not limited to, the following:
(1) Violations of licensing laws or regulations;
(2) Any conduct by the individual that indicates that the individual may pose a risk to the health and safety of any
individual who is or may be a client;
(3) Nondisclosure of a conviction or evidence of lack of rehabilitation that the individual failed to disclose to the
Department, even if it occurred before the exemption was issued; or
(4) The individual is convicted of a subsequent crime.
(w) If the Department rescinds an exemption the Department shall:
(1) Notify the licensee and the affected individual in writing; and
(2) Initiate an administrative action.
(x) If the Department learns that an individual with a criminal record clearance or exemption has been convicted of a
subsequent crime, the Department, at its sole discretion, may immediately initiate an administrative action to protect
the health and safety of clients.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1522 and 1531, Health and Safety
Code; andGresher v. Anderson (2005) 127 Cal. App. 4th. 88.
HISTORY
1. New section filed 5-18-2000 as an emergency; operative 5-18-2000 (Register 2000, No. 20). Pursuant to Section 73 of
Senate Bill 933, Chapter 311, Statutes of 1998 a Certificate of Compliance must be transmitted to OAL by 11-14-2000
or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2000, No. 38).
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9
§ 80019.1. Criminal Record Exemption., 22 CA ADC § 80019.1
3. Certificate of Compliance as to 5-18-2000 order transmitted to OAL 11-14-2000 and filed 12-19-2000 (Register 2000,
No. 51).
4. Amendment of section and Note filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29).
A Certificate of Compliance must be transmitted to OAL by 11-13-2003 or emergency language will be repealed by
operation of law on the following day.
5. Editorial correction removing duplicate subsections (c)-(e) (Register 2003, No. 36).
6. Amendment of section and Note refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003, No. 46). A
Certificate of Compliance must be transmitted to OAL by 3-11-2004 or emergency language will be repealed by operation
of law on the following day.
7. Amendment of section and Note refiled 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No. 11). A
Certificate of Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be repealed by operation
of law on the following day.
8. Certificate of Compliance as to 3-11-2004 order, including further amendment of section, transmitted to OAL 7-9-2004
and filed 8-20-2004 (Register 2004, No. 34).
9. Amendment of section and Note filed 7-11-2006; operative 8-10-2006 (Register 2006, No. 28).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80019.1, 22 CA ADC § 80019.1
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
10
§ 80019.2. Child Abuse Central Index., 22 CA ADC § 80019.2
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80019.2
§ 80019.2. Child Abuse Central Index.
(a) Prior to issuing a license to care for children, the Department shall conduct 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 applicant(s), and all individuals subject to a criminal record review, pursuant to Health and
Safety Code Section 1522(b) and shall approve or deny a facility license, employment, residence or presence in the facility
based on the results of the review.
(1) The applicant shall submit the Child Abuse Central Index check (LIC 198A [3/99] which is incorporated by
reference, for state licensed facilities and LIC 198 [4/99] which is incorporated by reference, for county licensed
facilities) for all individuals required to be checked, directly to the California Department of Justice at the same time
that the individual's fingerprints are submitted for a criminal background check as required by Section 80019(c).
(A) Individuals who have submitted the Child Abuse Central Index check (LIC 198A) with fingerprints on or
after January 1, 1999 need not submit a new check if the individual can transfer their criminal record clearance or
exemption pursuant to Section 80019(e) or Section 80019.1(f).
(2) The Department shall investigate any reports received from the CACI. The investigation shall include, but not
be limited to, the review of the investigation report and file prepared by the child protective agency that investigated
the child abuse report. The Department shall not deny a license based upon a report form the CACI unless the
Department substantiates the allegation of child abuse.
(b) Subsequent to licensure, all individuals subject to a criminal record review, pursuant to Health and Safety Code
Section 1522(b), shall complete a Child Abuse Central Index check (LIC 198A [3/99]), prior to employment, residence
or initial presence in the facility that cares for children.
(1) The licensee shall submit the Child Abuse Central Index checks (LIC 198A [3/99]), directly to the California
Department of Justice at the same time that the individual's fingerprints are submitted for a criminal background
check as required by Section 80019(d).
(A) Individuals who have submitted the Child Abuse Central Index check (LIC 198A) with fingerprints on or
after January 1, 1999 need not submit a new check if the individual can transfer their criminal record clearance or
exemption pursuant to Section 80019(e) or Section 80019.1(f).
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1
§ 80019.2. Child Abuse Central Index., 22 CA ADC § 80019.2
(2) The Department shall check the CACI pursuant to Penal Code Section 11170(b)(3), and shall investigate any
reports from the CACI. The investigation shall include, but not be limited to, the review of the investigation report
and file prepared by the child protective agency that investigated the child abuse report. The Department shall not
deny a license or take any other administrative action based upon a report from the CACI unless the Department
substantiates the allegation of child abuse.
(3) The Department shall investigate any subsequent reports received from the CACI. The investigation shall
include, but not be limited to, the review of the investigation report and file prepared by the child protective agency
that investigated the child abuse report. The Department shall not revoke a license or take any other administrative
action based upon a report from the CACI unless the Department substantiates the allegation of child abuse.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1521, 1522, 1522.04, 1531 and 14564,
Health and Safety Code.
HISTORY
1. New section filed 5-18-2000 as an emergency; operative 5-18-2000 (Register 2000, No. 20). Pursuant to Section 73 of
Senate Bill 933, Chapter 311, Statutes of 1998 a Certificate of Compliance must be transmitted to OAL by 11-14-2000
or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2000, No. 38).
3. Certificate of Compliance as to 5-18-2000 order, including further amendment of subsection (a)(1), transmitted to
OAL 11-14-2000 and filed 12-19-2000 (Register 2000, No. 51).
4. Amendment of subsection (b)(1) and Note filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No.
29). A Certificate of Compliance must be transmitted to OAL by 11-13-2003 or emergency language will be repealed by
operation of law on the following day.
5. Amendment of subsection (b)(1) and Note refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003,
No. 46). A Certificate of Compliance must be transmitted to OAL by 3-11-2004 or emergency language will be repealed
by operation of law on the following day.
6. Amendment of subsection (b)(1) and Note refiled 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No.
11). A Certificate of Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be repealed by
operation of law on the following day.
7. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsections (b) and (b)(1),
transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80019.2, 22 CA ADC § 80019.2
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80020. Fire Clearance., 22 CA ADC § 80020
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80020
§ 80020. Fire Clearance.
(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 request for fire clearance shall be made through and maintained by the licensing agency.
(2) Prior to the use of secured perimeters, an applicant or licensee for an Adult Residential Facility or Group Home
shall meet the fire clearance approval requirements of Title 17, Division 2, Chapter 3, Subchapter 4, Article 12,
Section 56072(d) and (h).
(b) The applicant shall notify the licensing agency if the facility plans to admit any of the following categories of clients so
that an appropriate fire clearance, approved by the city or county fire department, the district providing fire protection
services, or the State Fire Marshal, can be obtained prior to the acceptance of such clients:
(1) Persons 65 years of age and over.
(2) Persons who are nonambulatory, as defined in section 80001(n)(1).
(c) A licensee of an Adult Residential Facility or Group Home utilizing secured perimeters shall conduct fire and
earthquake drills pursuant to Health and Safety Code section 1531.15(h).
Note: Authority cited: Sections 1530 and 1531.15, Health and Safety Code. Reference: Sections 1501, 1520, 1528, 1531
and 1531.15, Health and Safety Code.
HISTORY
1. Amendment of subsections (a) and (b) filed 12-30-87 as an emergency; operative 1-1-88 (Register 88, No. 2). A
Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-2-88.
2. Certificate of Compliance transmitted to OAL 4-28-88 and filed 5-31-88 (Register 88, No. 30).
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§ 80020. Fire Clearance., 22 CA ADC § 80020
3. Change without regulatory effect of subsection (b)(2) pursuant to section 100(b)(3), title 1, California Code of
Regulations filed 6-8-90; operative 7-8-90 (Register 90, No. 33).
4. Change without regulatory effect amending lettering and correcting cross-references filed 5-18-91 pursuant to section
100, title 1, California Code of Regulations (Register 91, No. 28).
5. New subsections (a)(2) and (c) and amendment of Note filed 2-9-2017 as an emergency; operative 2-9-2017 (Register
2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be
repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No.
37).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80020, 22 CA ADC § 80020
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80021. Water Supply Clearance., 22 CA ADC § 80021
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80021
§ 80021. Water Supply Clearance.
(a) All community care facilities where water for human consumption is from a private source shall meet the following
requirements:
(1) As a condition of initial licensure, the applicant shall provide evidence of an onsite inspection of the source of
the water and a bacteriological analysis which establishes the safety of the water, conducted by the local health
department, the State Department of Health Services or a licensed commercial laboratory.
(2) Subsequent to initial licensure, the licensee shall provide evidence of a bacteriological analysis of the private
water supply as frequently as is necessary to ensure the safety of the clients, but no less frequently than specified
in the following table:
PERIODIC
LICENSED
ANALYSIS
SUBSEQUENT
CAPACITY
REQUIRED
ANALYSIS
6 or fewer
Initial licensing
Not required unless
evidence supports
the need for such
analysis to
protect clients.
7 through 15
Initial licensing
Annually
16 through 24
Initial licensing
Semiannually
25 or more
Initial licensing
Quarterly
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1520, 1528 and 1531, Health
and Safety Code.
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§ 80021. Water Supply Clearance., 22 CA ADC § 80021
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80021, 22 CA ADC § 80021
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80022. Plan of Operation., 22 CA ADC § 80022
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80022
§ 80022. Plan of Operation.
(a) Each licensee shall have and maintain on file a current, written, definitive 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 clients.
(3) A copy of the admission agreement.
(4) Administrative organization, if applicable.
(5) Staffing plan, qualifications and duties, if applicable.
(6) Plan for inservice education of staff if required by regulations governing the specific facility category.
(7) A sketch of the building(s) to be occupied, including a floor plan which describes the capacities of the buildings
for the uses intended, room dimensions, and a designation of the rooms to be used for nonambulatory clients, if any.
(8) A sketch of the grounds showing buildings, driveways, fences, storage areas, pools, gardens, recreation areas
and other space used by the clients.
(A) The sketch shall include the dimensions of all areas which will be used by the clients.
(9) Sample menus and a schedule for one calendar week indicating the time of day that meals and snacks are to
be served.
(10) Transportation arrangements for clients who do not have independent arrangements.
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§ 80022. Plan of Operation., 22 CA ADC § 80022
(11) Rate setting policy including, but not limited to, policy on refunds.
(12) A statement whether or not the licensee will handle the clients' money, personal property, and/or valuables. If
money, personal property, and/or valuables will be handled, the method for safeguarding shall ensure compliance
with Sections 80025 and 80026.
(13) Consultant and community resources to be utilized by the facility as part of its program.
(14) A statement of the facility's policy concerning family visits and other communications with the client pursuant
to Health and Safety Code Section 1512.
(c) If the licensee of an ARF, group home (GH), small family home (SFH), foster family home (FFH) or certified family
home (CFH) certified by a foster family agency (FFA) plans to use delayed egress devices as specified in Health and Safety
Code Section 1531.1(d), the plan must meet the requirements of Health and Safety Code Sections 1531.1(g) and (h).
(d) If the licensee intends to admit or care for one or more clients who have a restricted health condition specified in
Section 80092, the facility policies/and a program description shall be included. At a minimum, the information related
to those clients and their needs shall specify all of the following:
(1) The type of restricted health condition that the licensee plans to admit.
(2) The licensee's plans for serving that client.
(A) If the licensee plans to admit or care for one or more clients who have a staph or other serious, communicable
infection, the plan must include:
1. A statement that all staff will receive training in universal precautions within the first 10 days of
employment, and before providing care to these clients.
2. A statement of how the licensee will ensure that the training is obtained, and the name and qualifications
of the person or organization that will provide the training.
(3) The services that will be provided.
(4) Staffing adjustments if needed in order to provide the proposed services.
(A) This may include increased staffing, hiring staff with additional or different qualifications, utilizing licensed
professionals as consultants, or hiring licensed professionals.
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§ 80022. Plan of Operation., 22 CA ADC § 80022
(e) If the licensee intends to admit or care for one or more clients who rely upon others to perform all activities of daily
living, the plan of operation must also include a statement that demonstrates the licensee's ability to care for these clients.
The evidence of ability may include, but not be limited to:
(1) The licensee's experience in providing care to these clients.
(2) The licensee's experience providing care to a family member with this condition.
(3) The licensee's plan to hire staff who have experience providing care to these clients, and documentation of what
the staff person's experience has been.
(4) Documentation of training the licensee and/or staff have completed specific to the needs of these clients.
(5) History of continued placements by a Regional Center.
(f) If the licensee intends to admit and/or specialize in care for one or more clients who have a propensity for behaviors
that result in harm to self or others, the facility plan of operation shall include a description of precautions that will be
taken to protect that client and all other clients.
(g) Prior to the use of secured perimeters, the applicant or licensee of a Group Home or Adult Residential Facility shall
provide the information required by Health and Safety Code Section 1531.15(f) and California Code of Regulations
Title 17, Division 2, Chapter 3, Subchapter 4, Article 12, Section 56070, in the plan of operation.
(h) Prior to the use of secured perimeters, applicants or licensees of Group Homes and Adult Residential Facilities
seeking to utilize secured perimeters pursuant to Health and Safety Code section 1531.15 shall submit the Department of
Developmental Service's written approval and the approved component of the applicant's or licensee's plan of operation
to the Department as specified in the California Code of Regulations, Title 17, Chapter 3, Subchapter 4, Article 12,
Sections 56072(c).
(i) Prior to the use of secured perimeters, the applicant or licensee of a Group Home or Adult Residential Facility shall
obtain the Department's written determination of its approval or denial of the proposed secured perimeter component
of the plan of operation as specified in the California Code of Regulations, Title 17, Chapter 3, Subchapter 4, Article
12, 56072(e) and (f).
(j) Any changes in the plan of operation which affect the services to clients shall be subject to licensing agency approval
and shall be reported as specified in Section 80061.
(k) The facility shall operate in accordance with the terms specified in the Plan of Operation and may be cited for not
doing so.
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3
§ 80022. Plan of Operation., 22 CA ADC § 80022
Note: Authority cited: Sections 1530 and 1531.15, Health and Safety Code. Reference: Sections 1501, 1507, 1512, 1520,
1528, 1531, 1531.1 and 1531.15, Health and Safety Code.
HISTORY
1. Amendment of subsection (b)(12) filed 6-15-87; operative 7-15-87 (Register 87, No. 25).
2. New subsection (b)(14) filed 12-30-87; operative 1-29-88 (Register 88, No. 2).
3. New subsections (c)-(e), subsection relettering, amendment of newly designated subsection (g) and amendment of Note
filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must be transmitted to
OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
4. New subsections (c)-(e), subsection relettering, amendment of newly designated subsection (g) and amendment of Note
refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must be transmitted
to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
5. New subsections (c)-(e), subsection relettering, amendment of newly designated subsection (g) and amendment of
Note refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance must be
transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
6. New subsections (c)-(e), subsection relettering, and amendment of newly designated subsection (g) and amendment
of Note refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must be
transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
8. New subsections (c)-(e), subsection relettering, amendment of newly designated subsection (g) and amendment of
Note refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance must be
transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 3-23-98 order, including further amendment of section, transmitted to OAL 7-21-98
and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
10. Amendment of subsection (f), new subsections (g)-(i), subsection relettering and amendment of Note filed 2-9-2017
as an emergency; operative 2-9-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL
by 8-8-2017 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017 (Register 2017,
No. 37).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80022, 22 CA ADC § 80022
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
4
§ 80023. Disaster and Mass Casualty Plan., 22 CA ADC § 80023
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80023
§ 80023. Disaster and Mass Casualty Plan.
(a) Each licensee shall have and maintain on file a current, written disaster and mass casualty plan of action.
(b) The plan shall be subject to review by the licensing agency and shall include:
(1) Designation of administrative authority and staff assignments.
(2) Contingency plans for action during fires, floods, and earthquakes, including but not limited to the following:
(A) Means of exiting.
(B) Transportation arrangements.
(C) Relocation sites which are equipped to provide safe temporary accommodation for clients.
(D) Arrangements for supervision of clients during evacuation or relocation, and for contact after relocation to
ensure that relocation has been completed as planned.
(E) Means of contacting local agencies, including but not limited to the fire department, law enforcement agencies,
and civil defense and other disaster authorities.
(c) The licensee shall instruct all clients, age and abilities permitting, all staff, and/or members of the household in their
duties and responsibilities under the plan.
(d) Disaster drills shall be conducted at least every six months.
(1) Completion of such drills shall not require travel away from the facility grounds or contact with local disaster
agencies.
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1
§ 80023. Disaster and Mass Casualty Plan., 22 CA ADC § 80023
(2) The drills shall be documented and the documentation maintained in the facility for at least one year.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1520, 1528 and 1531, Health
and Safety Code.
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80023, 22 CA ADC § 80023
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80024. Waivers and Exceptions., 22 CA ADC § 80024
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80024
§ 80024. Waivers and Exceptions.
(a) Unless prior written licensing agency approval is received as specified in (b) below, all licensees shall maintain
continuous compliance with the licensing regulations.
(b) The licensing agency shall have the authority to approve the use of alternate concepts, programs, services, procedures,
techniques, equipment, space, personnel qualifications or staffing ratios, or the contact of experimental or demonstration
projects under the following circumstances:
(1) Such alternatives shall be carried out with provisions for safe and adequate services, and shall in no instance be
detrimental to the health and safety of any facility client.
(2) The applicant or licensee shall submit to the licensing agency a written request for a waiver or exception, together
with substantiating evidence supporting the request.
(3) (See Manual of Policies and Procedures)
(4) The licensing agency shall provide written approval or denial of the request.
(c) Within 30 days of receipt of a request for a waiver or an exception, the licensing agency shall notify the applicant or
licensee, in writing, of one of the following:
(1) The request with substantiating evidence has been received and accepted for consideration.
(2) The request is deficient, describing additional information required for the request to be acceptable and a time
frame for submitting this information.
(A) Failure of the applicant or licensee to comply within the time specified in (2) above shall result in denial of the
request.
(d) Within 30 days of receipt of an acceptable request for a waiver or an exception, the licensing agency shall notify the
applicant or licensee, in writing, whether the request has been approved or denied.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80024. Waivers and Exceptions., 22 CA ADC § 80024
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1509 and 1531, Health and
Safety Code; and Section 15376, Government Code.
HISTORY
1. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations renumbering former
section 80024 to section 80036, and renumbering Section 80025 to section 80024 filed 1-9-89 (Register 89, No. 3). For
prior history, see Register 88, No. 2.
2. New subsections (c) and (d) filed 8-8-91; operative 9-9-91 (Register 91, No. 50).
3. Editorial correction relocating misplaced subsections (Register 97, No. 5).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80024, 22 CA ADC § 80024
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80025. Bonding., 22 CA ADC § 80025
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80025
§ 80025. Bonding.
(a) The licensee shall submit an affidavit, on a form provided by the licensing agency, stating whether he/she safeguards
or will safeguard cash resources of clients and the maximum amount of cash resources to be safeguarded for all clients
or each client in any month.
(b) All licensees, other than governmental entities, who are entrusted to care for and control clients' cash resources shall
file or have on file with the licensing agency, a bond issued by a surety company to the State of California as principal.
(c) The amount of the bond shall be according to the following schedule:
Amount Safeguarded Per Month
Bond Required
$750 or less............................................................................................. $1,000
$751 to $1,500......................................................................................... $2,000
$1,501 to $2,500...................................................................................... $3,000
Every further increment of $1,000 or fraction thereof shall require an additional $1,000 on the bond.
(d) The licensee shall submit a new affidavit and bond to the licensing agency prior to the licensee safeguarding amounts
of clients' cash resources in excess of the current bond.
(e) Whenever the licensing agency determines that the amount of the bond is insufficient to provide necessary protection
of clients' cash resources, or whenever the amount of any bond is impaired by any recovery against the bond, the licensing
agency shall have the authority to require the licensee to file an additional bond in such amount as the licensing agency
determines to be necessary to protect the clients' cash resources.
(f) The provisions of this section shall not apply if the licensee meets the requirements specified in Section 1560 of the
Health and Safety Code.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1560 and 1561, Health and Safety
Code.
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1
§ 80025. Bonding., 22 CA ADC § 80025
HISTORY
1. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations renumbering former
Section 80025 to Section 80024, and renumbering Section 80026 to Section 80025 filed 1-9-89 (Register 89, No. 3). For
prior history, see Register 88, No. 2.
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80025, 22 CA ADC § 80025
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80026. Safeguards for Cash Resources, Personal Property,..., 22 CA ADC § 80026
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80026
§ 80026. Safeguards for Cash Resources, Personal Property, and Valuables.
(a) A licensee shall not be required to accept for admission or continue to care for any client whose incapacities, as
documented by the initial or subsequent needs appraisals, would require the licensee to handle such client's cash resources.
(b) If such a client is accepted for or maintained in care, his/her cash resources, personal property, and valuables not
handled by a person outside the facility who has been designated by the client or his/her authorized representative shall
be handled by the licensee or facility staff, and shall be safeguarded in accordance with the requirements specified in
(c) through (n) below.
(c) Except where provided for in approved continuing care agreements, no licensee or employee of a licensee shall:
(1) accept appointment as a guardian or conservator of the person and/or estate of any client;
(2) accept any general or special power of attorney except for Medi-Cal or Medicare claims for any client;
(3) become the substitute payee for any payments made to any client.
(A) This requirement does not apply to a licensee who is appointed by the Social Security Administration as
representative payee for the client.
(4) become the joint tenant on any account specified in Section 80026(i) with a resident.
(d) Cash resources, personal property, and valuables of clients handled by the licensee shall be free from any liability
the licensee incurs.
(e) Cash resources, personal property, and valuables of clients shall be separate and intact, and shall not be commingled
with facility funds or petty cash.
(1) The above requirement shall not prohibit the licensee from providing advances or loans to clients from facility
funds.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
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§ 80026. Safeguards for Cash Resources, Personal Property,..., 22 CA ADC § 80026
(A) Documentation of such transactions shall be maintained in the facility.
(f) The licensee or employee of a licensee shall not make expenditures from clients' cash resources for any basic services
specified in these regulations, or for any basic services identified in a contract/admission agreement between the client
and the licensee.
(1) This requirement does not apply to a licensee who is appointed by the Social Security Administration as
representative payee for the clients.
(g) The licensee shall not commingle cash resources and valuables of clients with those of another community care facility
of a different license number regardless of joint ownership.
(h) Each licensee shall maintain accurate records of accounts of cash resources, personal property, and valuables
entrusted to his/her care, including, but not limited to the following:
(1) Records of clients' cash resources maintained as a drawing account, which shall include a current ledger
accounting, with columns for income, disbursements and balance, for each client. Supporting receipts for purchases
shall be filed in chronological order.
(A) Receipts for cash provided to any client from his/her account(s) shall include the client's full signature or mark,
or authorized representative's full signature or mark, and a statement acknowledging receipt of the amount and
date received, as follows:
“(full signature of client) accepts (dollar amount) (amount written cursive), this date (date), from (payor).”
(B) The store receipt shall constitute the receipt for purchases made for the client from his/her account.
(C) The original receipt for cash resources, personal property or valuables entrusted to the licensee shall be provided
to the client's authorized representative, if any, otherwise to the client.
(2) Bank records for transactions of cash resources deposited in and drawn from the account specified in (i) below.
(i) Immediately upon admission of a client, all of his/her cash resources entrusted to the licensee and not kept in the
licensed facility shall be deposited in any type of bank, savings and loan, or credit union account meeting the following
requirements:
(1) The account shall be maintained as a trust account separate from the personal or business accounts of the licensee.
(2) The account title shall clearly note that the account contains client cash resources.
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2
§ 80026. Safeguards for Cash Resources, Personal Property,..., 22 CA ADC § 80026
(3) The licensee shall provide access to the cash resources upon demand by the client or his/her authorized
representative.
(4) The account shall be maintained in a local bank, savings and loan or credit union authorized to do business in
California, the deposits of which are insured by a branch of the Federal Government.
(A) A local public agency shall have the authority to deposit such cash resources with the public treasurer.
(j) Cash resources entrusted to the licensee and kept on the facility premises, shall be kept in a locked and secure location.
(k) Upon discharge of a client, all cash resources, personal property, and valuables of that client which have been
entrusted to the licensee shall be surrendered to the client, or his/her authorized representative, if any.
(1) The licensee shall obtain and retain a receipt signed by the client or his/her authorized representative.
( l ) Upon the death of a client, all cash resources, personal property and valuables of that client shall immediately be
safeguarded in accordance with the following requirements:
(1) All cash resources shall be placed in an account as specified in (i) above.
(2) The executor or the administrator of the estate shall be notified by the licensee of the client's death, and the cash
resources, personal property, and valuables shall be surrendered to said party in exchange for a signed, itemized
receipt.
(3) If no executor or administrator has been appointed, the authorized representative, if any, shall be notified by
the licensee of the client's death, and the cash resources, personal property, and valuables shall be surrendered to
said person in exchange for a signed, itemized receipt.
(4) If the licensee is unable to notify a responsible party as specified in (2) or (3) above, the licensee shall give
immediate written notice of the client's death to the public administrator of the county as provided in Section 7600.5
of the California Probate Code.
(m) The following requirements shall be met whenever there is a proposed change of licensee:
(1) The licensee shall notify the licensing agency of any pending change of licensee, and shall provide the licensing
agency an accounting of each client's cash resources, personal property and valuables entrusted to his/her care.
(A) Such accounting shall be made on form provided or approved by the licensing agency.
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3
§ 80026. Safeguards for Cash Resources, Personal Property,..., 22 CA ADC § 80026
(2) Provided the licensing agency approves the application for the new licensee, the form specified in (1)(A) above
shall be updated, signed by both the former and new licensee, and forwarded to the licensing agency.
(n) The licensee shall maintain a record of all monetary gifts and of any other gift exceeding an estimated value of $100,
provided by or on behalf of a client to the licensee, administrator or staff.
(1) The record shall be attached to the account(s) specified in (h) above if the client's cash resources, personal
property or valuables have been entrusted to the licensee.
(2) Monetary gifts or valuables given by the friends or relatives of a deceased client shall not be subject to the
requirement specified in (n) and (n)(1) above.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1531 and 1560, Health and
Safety Code; and 20 CFR 416.601.
HISTORY
1. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations renumbering former
Section 80026 to Section 80025, and renumbering of Section 80027 to Section 80026 filed 1-9-89 (Register 89, No. 3).
For prior history, see Register 88, No. 2.
2. Amendment of subsection (c), designation of subsections (c)(1)-(4), new subsection (f)(1) and amendment of Note
filed 8-21-95; operative 9-20-95 (Register 95, No. 34).
3. Change without regulatory effect amending subsection ( l)(4) filed 12-4-2000 pursuant to section 100, title 1, California
Code of Regulations (Register 2000, No. 49).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80026, 22 CA ADC § 80026
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
4
§ 80027. Initial Application Review., 22 CA ADC § 80027
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80027
§ 80027. Initial Application Review.
(a) Within 90 days of receipt of the application by the licensing agency, the licensing agency shall give written notice to
the applicant of one of the following:
(1) The application is complete.
(2) The application is deficient, describing what documents are outstanding and/or inadequate, and informing the
applicant that the information must be submitted within 30 days of the date of the notice.
(A) If the applicant does not submit the required information within the 30 days, the application shall be deemed
withdrawn unless either the licensing agency has denied the application or the facility is under construction.
(b) The licensing agency shall cease review of any application under the conditions specified in Section 1520.3 of the
Health and Safety Code.
(1) If cessation of review occurs, the application shall be returned to the applicant. It shall be the responsibility of
the applicant to request resumption of review as specified in Health and Safety Code Section 1520.3.
(c) The circumstances and conditions in which the licensing agency may continue to review a previously denied
application shall include, but are not limited to, the following:
(1) A fire clearance previously denied, but now approved;
(2) An Administrator who did not meet the minimum qualifications, but now fulfills the qualifications; or
(3) A person with a criminal record, which was the basis for license denial, is no longer associated with the facility.
(d) The application review shall not constitute approval of the application.
(f) The application fees shall be nonrefundable as specified in Section 80036(d).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80027. Initial Application Review., 22 CA ADC § 80027
Note: Authority cited: Sections 1524 and 1530, Health and Safety Code. Reference: Sections 1520 1520.3, 1522.1, 1523.1
and 1524, Health and Safety Code; and Section 15736, Government Code.
HISTORY
1. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations renumbering former
section 80027 to section 80026, and renumbering of section 80028 to section 80027 filed 1-9-89 (Register 89, No. 3). For
prior history, see Register 88, No. 2.
2. Amendment of subsections (a) and (b) and subsection relettering filed 8-8-91; operative 9-9-91 (Register 91, No. 50).
3. Amendment of subsections (b), (c) and Note filed 10-9-91; operative 11-8-91 (Register 92, No. 8).
4. Change without regulatory effect amending subsection (b)(6) filed 6-15-2005 pursuant to section 100, title 1, California
Code of Regulations (Register 2005, No. 24).
5. Amendment of section and Note filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80027, 22 CA ADC § 80027
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80028. Capacity Determination., 22 CA ADC § 80028
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80028
§ 80028. Capacity Determination.
(a) A license shall be issued for a specific capacity.
(b) The number of persons for whom the facility is licensed to provide care and supervision shall be determined on the
basis of the application review by the licensing agency, which shall take into consideration the following:
(1) The fire clearance specified in Section 80020.
(2) The licensee's/administrator's ability to comply with applicable law and regulation.
(3) Any other household members, including but not limited to persons under guardianship or conservatorship,
who reside at the facility and their individual needs.
(4) Facilities which accept minor parents and his/her child(ren) shall have such children included in the facility's
licensed capacity.
(5) Physical features of the facility, including available living space, which are necessary in order to comply with
regulations.
(6) Number of available staff to meet the care and supervision needs of the clients.
(7) Any restrictions pertaining to the specific category of facility.
(c) The licensing agency shall be authorized to issue a license for fewer clients than is requested when the licensing agency
determines that:
(1) The licensee's responsibilities to other persons in the home, including persons under guardianship and
conservatorship, would preclude provision of the care required by these regulations.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
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§ 80028. Capacity Determination., 22 CA ADC § 80028
(d) When the license is issued for fewer clients than requested, the licensee shall be notified in writing of the reasons for
the limitation and of the licensee's rights to appeal the decision as specified in Section 80040.
(e) The licensing agency shall have the authority to decrease existing licensed capacity with the licensee's agreement, when
there is a change in any of the factors specified in (b) above.
(1) If the licensee does not agree to the decrease in capacity, the licensing agency shall have the authority to initiate
revocation action as specified in Section 80042.
(f) The licensing agency shall be authorized to restrict care to specific individuals.
(1) If care and supervision is limited to specific individuals, the licensing agency shall specify the names of the
individuals in a letter to the licensee.
(2) Except where the limitation is requested by the licensee, the licensee shall be notified in writing of the reasons
for such limitation and of the licensee's right to appeal the decision as specified in Section 80040.
(g) A Group Home or Adult Residential Facility that utilizes secured perimeters shall comply with Health and Safety
Code section 1531.15(a).
Note: Authority cited: Sections 1530 and 1531.15, Health and Safety Code; and Section 10554, Welfare and Institutions
Code. Reference: Section 11465, Welfare and Institutions Code; and Sections 1501, 1523, 1524, 1528, 1531 and 1531.15,
Health and Safety Code.
HISTORY
1. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations renumbering former
Section 80028 to Section 80027, and renumbering of Section 80029 to Section 80028 filed 1-9-89 (Register 89, No. 3).
For prior history, see Register 88, No. 2.
2. New subsection (b)(4) filed 2-27-89 as an emergency; operative 2-28-89 (Register 89, No. 10). A Certificate of
Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-28-89.
3. New subsection (b)(4) refiled 7-25-89 as an emergency; operative 7-25-89 (Register 89, No. 30). A Certificate of
Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-22-89.
4. Certificate of Compliance as to 7-25-89 order transmitted to OAL 11-16-89 and filed 12-15-89 (Register 89, No. 51).
5. New subsection (g) and amendment of Note filed 2-9-2017 as an emergency; operative 2-9-2017 (Register 2017, No.
6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be repealed by
operation of law on the following day.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80028. Capacity Determination., 22 CA ADC § 80028
6. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No.
37).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80028, 22 CA ADC § 80028
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 80029. Withdrawal of Application., 22 CA ADC § 80029
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80029
§ 80029. Withdrawal of Application.
(a) An applicant shall have the right to withdraw an application.
(1) Such withdrawal shall be in writing.
(2) The fee for processing the application shall be forfeited.
Note: Authority cited: Sections 1530 and 1553, Health and Safety Code. Reference: Sections 1520, 1523.1, 1524 and
1553, Health and Safety Code.
HISTORY
1. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations renumbering former
section 80029 to section 80028, and renumbering of section 80030 to section 80029 filed 1-9-89 (Register 89, No. 3). For
prior history, see Register 88, No. 2.
2. Editorial correction of printing error removing erroneous subsection (a)(1)(A) (Register 91, No. 32).
3. Change without regulatory effect amending section and Note filed 6-29-2001 pursuant to section 100, title 1, California
Code of Regulations (Register 2001, No. 26).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80029, 22 CA ADC § 80029
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80030. Provisional License., 22 CA ADC § 80030
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80030
§ 80030. Provisional License.
(a) The licensing agency shall have the authority to issue a provisional license to an applicant, pending action under
Sections 80031 or 80040 on a completed application for an initial license, if it determines that all of the following
circumstances exist:
(1) The facility is in substantial compliance with applicable law and regulation.
(2) An urgent need for licensure exists.
(3) A corporate applicant's board of directors, executive director and officer are eligible for licensure as specified
in Health and Safety Code Section 1520.11(b).
(b) The capacity of a provisional license shall be limited to the number of clients for whom urgent need has been
established, or the capacity established for the specific facility, whichever is less.
(c) The licensing agency shall have the authority to issue a provisional license for a maximum of six months when it
determines that full compliance with licensing regulations will be achieved within that time period.
(d) The licensing agency shall have the authority to issue a provisional license for a maximum of 12 months when it
determines, at the time of application, that more than six months is required to achieve full compliance with licensing
regulations due to circumstances beyond the control of the applicant.
(e) If, during the provisional license period, the licensing agency discovers any serious deficiencies, the Department shall
have the authority to institute administrative action or civil proceedings, or to refer the case for criminal prosecution.
(f) A provisional license shall not be renewable and shall terminate on the date specified on the license, or upon denial
of the application, whichever is earlier.
Note: Authority cited: Sections 1523, 1530 and 1553, Health and Safety Code. Reference: Sections 1520, 1520.11, 1523,
1524, 1525.5, 1528 and 1553, Health and Safety Code.
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1
§ 80030. Provisional License., 22 CA ADC § 80030
HISTORY
1. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations renumbering former
Section 80030 to Section 80029, and renumbering of Section 80031 to Section 80030 filed 1-9-89 (Register 89, No. 3).
For prior history, see Register 88, No. 2.
2. New subsection (a)(3) and amendment of Note filed 10-4-2000; operative 11-3-2000 (Register 2000, No. 40).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80030, 22 CA ADC § 80030
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80031. Issuance of License., 22 CA ADC § 80031
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80031
§ 80031. Issuance of License.
(a) Within 90 days of the date that a completed application, as defined in Section 80001c.(8), has been received, the
licensing agency 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) The notice of denial shall include the information specified in Section 80040.
(b) The licensing agency shall notify the applicant, in writing, of the issuance of the license.
(1) Issuance of the license itself shall constitute written notification of license approval.
(c) No limitation shall be imposed on the licensee or printed on the license solely on the basis that a licensee is a parent who
has administered or will continue to administer corporal punishment, not constituting child abuse as defined in Section
11165, subdivision (g) of the Penal Code, or Section 1531.5(c) of the Health and Safety Code, on his/her own child(ren).
(d) The licensing agency's completed review of an application for the two years immediately preceding this regulation
has been approximately:
(1) A minimum of 30 days.
(2) A median of 90 days.
(3) A maximum of 180 days.
Note: Authority cited: Sections 1530 and 1553, Health and Safety Code. Reference: Sections 1509, 1520, 1520.5, 1525,
1526, 1531.5 and 1553, Health and Safety Code; and Section 15376, Government Code.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80031. Issuance of License., 22 CA ADC § 80031
HISTORY
1. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations renumbering former
section 80031 to section 80030, and renumbering of section 80032 to section 80031 filed 1-9-89 (Register 89, No. 3). For
prior history, see Register 88, No. 2.
2. Amendment of subsections (a) and (b) and adoption of subsection (d) filed 8-8-91; operative 9-9-91 (Register 91, No.
50).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80031, 22 CA ADC § 80031
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80032. Term of an Initial or Renewal License. [Repealed], 22 CA ADC § 80032
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80032
§ 80032. Term of an Initial or Renewal License. [Repealed]
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1524, 1525 and 1529, Health and
Safety Code.
HISTORY
1. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations renumbering former
Section 80032 to Section 80031, and renumbering of Section 80033 to Section 80032 filed 1-9-89 (Register 89, No. 3).
For prior history, see Register 88, No. 2.
2. Change without regulatory effect repealing section filed 6-29-2001 pursuant to section 100, title 1, California Code
of Regulations (Register 2001, No. 26).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80032, 22 CA ADC § 80032
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80033. Application for Renewal of a License. [Repealed], 22 CA ADC § 80033
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80033
§ 80033. Application for Renewal of a License. [Repealed]
Note: Authority cited: Sections 1523 and 1530, Health and Safety Code. Reference: Sections 1520, 1523, 1524, 1525 and
1528, Health and Safety Code.
HISTORY
1. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations renumbering former
Section 80033 to Section 80032, and renumbering of Section 80034 to Section 80033 filed 1-9-89 (Register 89, No. 3).
For prior history, see Register 88, No. 2.
2. Change without regulatory effect repealing section filed 6-29-2001 pursuant to section 100, title 1, California Code
of Regulations (Register 2001, No. 26).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80033, 22 CA ADC § 80033
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80034. Submission of New Application., 22 CA ADC § 80034
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80034
§ 80034. Submission of New Application.
(a) A licensee shall file a new application as required by Section 80018 whenever there is a change in conditions or
limitations described on the current license, or other changes including but not limited to the following:
(1) Any change in the location of the facility.
(2) Any change of licensee, including but not limited to the following when the licensee is a corporation.
(A) Sale or transfer of the majority of stock.
(B) Separating from a parent company.
(C) Merger with another company.
(3) Any change in facility category.
(4) Any increase in capacity.
(A) The licensing agency shall have the authority to grant capacity increases without resubmission of an application
following a licensing agency review and the securing of an appropriate fire clearance.
(5) A permanent change in any client from ambulatory to nonambulatory status.
(b) A new application as required by Section 80018 shall be filed whenever an applicant fails to complete a new application
within the time limit required by Section 80027(a) if the applicant chooses to continue the application process.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1520, 1523.1 and 1531, Health
and Safety Code.
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1
§ 80034. Submission of New Application., 22 CA ADC § 80034
HISTORY
1. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations renumbering former
Section 80034 to Section 80033, and renumbering of Section 80035 to Section 80034 filed 1-9-89 (Register 89, No. 3).
For prior history, see Register 88, No. 2.
2. Change without regulatory effect repealing subsection (c) and amending Note filed 6-29-2001 pursuant to section 100,
title 1, California Code of Regulations (Register 2001, No. 26).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80034, 22 CA ADC § 80034
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80035. Conditions for Forfeiture of a Community Care..., 22 CA ADC § 80035
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80035
§ 80035. Conditions for Forfeiture of a Community Care Facility License.
(a) Conditions for forfeiture of a community care facility license may be found in Section 1524 of the Health and Safety
Code.
(1) “Licensee abandons the facility” shall mean either of the following:
(A) The licensee informs the licensing agency that the licensee no longer accepts responsibility for the facility, or
(B) The licensing agency is unable to determine the licensee's whereabouts after the following:
1. The licensing agency requests information of the licensee's whereabouts from the facility's staff if any
staff can be contacted; and
2. The licensing agency has made at least one (1) phone call per day, to the licensee's last telephone number
of record, for five (5) consecutive workdays with no response; and
3. The licensing agency has sent a certified letter, requesting the licensee to contact the licensing agency,
to the licensee's last mailing address of record with no response within seven (7) calendar days.
(b) If the facility licensee dies, an adult relative who has control of the property shall be permitted to operate a previously
licensed facility under an Emergency Approval to Operate (LIC 9117 4/93) (EAO) providing the following conditions
are met:
(1) The relative or an adult acting on the relative's behalf notifies the Department by telephone during the first
working day after the licensee's death that the relative intends to operate the community care facility.
(2) The relative files with the Department within five days of the licensee's death an Application for License (LIC
200 7/91) and evidence of the licensee's death as defined in Section 80001(e)(4).
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1
§ 80035. Conditions for Forfeiture of a Community Care..., 22 CA ADC § 80035
(A) Notwithstanding the instructions on the Application for License (LIC 200 7/91), the Department shall permit
the relative to submit only the information on the front side of that form.
(3) The relative files with the California Department of Justice within five calendar days of the licensee's death his/
her fingerprint cards.
(c) If the adult relative complies with (b)(1) and (2) above, he/she shall not be considered to be operating an unlicensed
facility pending the Department's decision on whether to approve a provisional license.
(d) The Department shall make a decision within 60 days after the application is submitted on whether to issue a
provisional license pursuant to Section 80030.
(1) A provisional license shall be granted only if the Department is satisfied that the conditions specified in (b) above
and Section 80030 have been met and that the health and safety of the residents of the facility will not be jeopardized.
Note: Authority cited: Sections 1524(e) and 1530, Health and Safety Code. Reference: Sections 1524 and 1524(e), Health
and Safety Code.
HISTORY
1. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations renumbering former
section 80035 to section 80034, and renumbering of section 80036 to section 80035 filed 1-9-89 (Register 89, No. 3). For
prior history, see Registers 88, No. 10 and 88, No. 2.
2. Amendment of subsection (a) and adoption of NOTE filed 10-9-91; operative 11-8-91 (Register 92, No. 8).
3. New subsections (b)-(d)(1) and amendment of Note filed 6-15-93; operative 7-15-93 (Register 93, No. 25).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80035, 22 CA ADC § 80035
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80036. Licensing Fees., 22 CA ADC § 80036
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 3. Application Procedures
22 CCR § 80036
§ 80036. Licensing Fees.
(a) An applicant or a licensee shall be charged fees as specified in Health and safety Code Section 1523.1.
(b) An additional fee shall be charged when the licensee requests an increase or decrease in capacity as specified in Health
and Safety Code Section 1523.1(b)(1)(C).
(c) When a licensee moves a facility from one location to another, the relocation fee shall be as specified in Health and
Safety Code Section 1523.1(b)(1)(A).
(1) To qualify for the relocation fee the following shall apply:
(A) The licensee shall have notified the licensing agency before actually relocating the facility.
(B) The categorical type of facility shall remain the same when relocating the facility.
(C) The fee shall be by requested capacity at the new location.
(d) The fees shall be nonrefundable.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1523.1 and 1524, Health and Safety
Code.
HISTORY
1. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations renumbering former
section 80036 to section 80035, and renumbering of section 80024 to section 80036 filed 1-9-89 (Register 89, No. 3). For
prior history, see Registers 88, No. 10 and 88, No. 2.
2. Amendment of subsection (e) filed 9-30-93; operative 11-1-93 (Register 93, No. 40).
3. Editorial correction of subsections (b)(2) and (d) table headings (Register 98, No. 36).
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1
§ 80036. Licensing Fees., 22 CA ADC § 80036
4. Change without regulatory effect amending section heading, section and Note filed 6-29-2001 pursuant to section 100,
title 1, California Code of Regulations (Register 2001, No. 26).
5. Change without regulatory effect amending section heading, section and Note filed 6-15-2005 pursuant to section 100,
title 1, California Code of Regulations (Register 2005, No. 24).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80036, 22 CA ADC § 80036
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80040. Denial of Initial License., 22 CA ADC § 80040
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 4. Administrative Actions
22 CCR § 80040
§ 80040. Denial of Initial License.
(a) Except as specified in Section 80030, which provides for issuance of a provisional license based upon substantial
compliance and urgent need, the licensing agency shall deny an application for an initial license if it is determined that
the applicant is not in compliance with applicable law and regulation.
(1) The licensing agency shall have the authority to deny an application for an initial license if the applicant has failed
to pay any civil penalty assessments pursuant to Section 80058 and in accordance with a final judgment issued by a
court of competent jurisdiction, unless payment arrangements acceptable to the licensing agency have been made.
(2) An application for initial licensure shall not be denied solely on the basis that the applicant is a parent who
has administered or will continue to administer corporal punishment, not constituting child abuse as defined in
Section 11165, subdivision (g) of the Penal Code, or Section 1531.5(c) of the Health and Safety Code, on his/her
own child(ren).
(3) An application for licensure shall be denied as specified in Health and Safety Code Sections 1520.11(b), (d) and
1550.
(b) If the application for an initial license is denied, the licensing agency shall mail the applicant a written notice of denial.
(1) The notification shall inform the applicant of and set forth the reasons for the denial, and shall advise the
applicant of the right to appeal.
(c) If the application for an initial license is denied, the application processing fee shall be forfeited.
(d) An applicant shall have the right to appeal the denial of the application pursuant to Health and Safety Code Section
1526.
(e) Notwithstanding any appeal action, the facility is unlicensed and shall not operate pending adoption by the director
of a decision on the denial action.
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§ 80040. Denial of Initial License., 22 CA ADC § 80040
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1520, 1520.11, 1525, 1526, 1528, 1547
and 1548, Health and Safety Code.
HISTORY
1. New subsection (a)(1) filed 6-5-84; effective thirtieth day thereafter (Register 84, No. 23).
2. Amendment filed 12-22-87; operative 1-21-88 (Register 88, No. 2).
3. Amendment of subsection (a) filed 8-17-88; operative 9-16-88 (Register 88, No. 34).
4. Change without regulatory effect of subsection (a) pursuant to Section 100, Title 1, California Code of Regulations
filed 1-9-89 (Register 89, No. 3).
5. New subsection (a)(3) and amendment of Note filed 10-4-2000; operative 11-3-2000 (Register 2000, No. 40).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80040, 22 CA ADC § 80040
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80041. Denial of a Renewal License. [Repealed], 22 CA ADC § 80041
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 4. Administrative Actions
22 CCR § 80041
§ 80041. Denial of a Renewal License. [Repealed]
Note: Authority cited: Sections 1523 and 1530, Health and Safety Code. Reference: Sections 1520, 1523, 1524, 1525,
1526 and 1528, Health and Safety Code.
HISTORY
1. New subsection (e) filed 6-5-84; effective thirtieth day thereafter (Register 84, No. 23).
2. Amendment filed 12-22-87; operative 1-21-88 (Register 88, No. 2).
3. Change without regulatory effect of subsection (a)(4) pursuant to section 100, title 1, California Code of Regulations
filed 1-9-89 (Register 89, No. 3).
4. Change without regulatory effect of subsection (a)(1) pursuant to section 100, title 1, California Code of Regulations
filed 10-31-89 (Register 89, No. 49).
5. Change without regulatory effect amending subsection (a)(1) filed 1-9-91 pursuant to section 100, title 1, California
Code of Regulations (Register 91, No. 8).
6. Change without regulatory effect amending lettering and correcting cross-references filed 5-18-91 pursuant to section
100, title 1, California Code of Regulations (Register 91, No. 28).
7. Change without regulatory effect repealing section filed 6-29-2001 pursuant to section 100, title 1, California Code
of Regulations (Register 2001, No. 26).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80041, 22 CA ADC § 80041
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80042. Revocation or Suspension of License., 22 CA ADC § 80042
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 4. Administrative Actions
22 CCR § 80042
§ 80042. Revocation or Suspension of License.
(a) The Department shall have the authority to suspend or revoke any license on any of the grounds specified in Health
and Safety Code Sections 1550 and 1550.5.
(b) Proceedings to hear a revocation action or a revocation and temporary suspension action shall be conducted pursuant
to the provisions of Health and Safety Code Section 1551.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1550, 1550.5 and 1551, Health and
Safety Code.
HISTORY
1. Amendment of Note filed 10-4-2000; operative 11-3-2000 (Register 2000, No. 40).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80042, 22 CA ADC § 80042
End of Document
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1
§ 80043. Licensee/Applicant Complaints., 22 CA ADC § 80043
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 4. Administrative Actions
22 CCR § 80043
§ 80043. Licensee/Applicant Complaints.
(See Manual of Policies and Procedures)
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety
Code.
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80043, 22 CA ADC § 80043
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80044. Inspection Authority of the Licensing Agency., 22 CA ADC § 80044
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 4. Administrative Actions
22 CCR § 80044
§ 80044. Inspection Authority of the Licensing Agency.
(a) The licensing agency shall have the inspection authority specified in Health and Safety Code Sections 1526.5, 1533,
1534, 1538 and 1538.7.
(b) The licensing agency shall have the authority to interview clients, including children, or staff members without prior
consent.
(1) The licensee shall ensure that provisions are made for private interviews with any clients, including children, or
any staff members.
(c) The licensing agency shall have the authority to inspect, audit, and copy client or facility records upon demand during
normal business hours. Records may be removed if necessary for copying. Removal of records shall be subject to the
requirements specified in Sections 80066(c) and 80070(d).
(1) The licensee shall ensure that provisions are made for the examination of all records relating to the operation
of the facility.
(d) The licensing agency shall have the authority to observe the physical condition of the client, including conditions
that could indicate abuse, neglect, or inappropriate placement, and to have a licensed medical professional physically
examine the client.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1526.5, 1531, 1533, 1534, 1538
and 1538.7, Health and Safety Code.
HISTORY
1. Amendment of subsection (a) filed 11-16-87; operative 12-16-87 (Register 87, No. 47).
2. Amendment of section heading, section and Note filed 5-9-2005; operative 6-8-2005 (Register 2005, No. 19).
3. Amendment of subsection (a) and Note filed 8-28-2017; operative 10-1-2017 (Register 2017, No. 35).
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§ 80044. Inspection Authority of the Licensing Agency., 22 CA ADC § 80044
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80044, 22 CA ADC § 80044
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80045. Evaluation Visits., 22 CA ADC § 80045
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 4. Administrative Actions
22 CCR § 80045
§ 80045. Evaluation Visits.
(a) Community care facilities shall be evaluated as specified in Health and Safety Code sections 1534 and 1548.
(b) The licensing agency shall have the authority to make any number of other visits to a facility in order to determine
compliance with applicable law and regulation.
Note: Authority cited: Sections 1530 and 1548, Health and Safety Code. Reference: Sections 1533, 1534, 1538 and 1548,
Health and Safety Code.
HISTORY
1. Amendment of subsection (a) and repealer of subsection (c) filed 12-21-90; operative 1-20-91 (Register 91, No. 7).
2. Editorial correction of printing error (Register 91, No. 17).
3. Amendment of Note filed 5-9-2005; operative 6-8-2005 (Register 2005, No. 19).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80045, 22 CA ADC § 80045
End of Document
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1
§ 80046. Exclusions., 22 CA ADC § 80046
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 4. Administrative Actions
22 CCR § 80046
§ 80046. Exclusions.
(a) An individual can be prohibited from serving as a member of a board of directors, executive director, or officer;
from being employed or allowing an individual in a licensed facility as specified in Health and Safety Code Sections
1558 and 1558.1.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1558 and 1558.1, Health and Safety
Code.
HISTORY
1. New section filed 10-4-2000; operative 11-3-2000 (Register 2000, No. 40).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80046, 22 CA ADC § 80046
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80051. Serious Deficiencies., 22 CA ADC § 80051
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 4. Administrative Actions
22 CCR § 80051
§ 80051. Serious Deficiencies.
(See Manual of Policies and Procedures)
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1507, 1531 and 1534, Health
and Safety Code.
HISTORY
1. Amendment of Note filed 9-1-98; operative 10-1-98 (Register 98, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80051, 22 CA ADC § 80051
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80052. Deficiencies in Compliance., 22 CA ADC § 80052
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 4. Administrative Actions
22 CCR § 80052
§ 80052. Deficiencies in Compliance.
(a) When a licensing evaluation is conducted and the evaluator determines that a deficiency exists the evaluator shall
issue a notice of deficiency, unless the deficiency is not serious and is corrected during the visit.
(b) Prior to completion of an evaluation or other licensing visit, the licensee, administrator, operator, or other person
in charge of the facility shall meet with the evaluator to discuss any deficiencies noted, to jointly develop a plan for
correcting each deficiency, and to acknowledge receipt of the notice of deficiency.
(c) The evaluator shall provide notice of deficiency to the licensee by one of the following:
(1) Personal delivery to the licensee, at the completion of the visit.
(2) If the licensee is not at the facility site, leaving the notice with the person in charge of the facility at the completion
of the visit.
(A) Under such circumstances, a copy of the notice shall also be mailed to the licensee.
(3) If the licensee or the person in charge of the facility refuses to accept the notice a notation of the refusal shall
be written on the notice and a copy left at the facility.
(A) Under such circumstances, a copy of the notice shall also be mailed to the licensee.
(d) The notice of deficiency shall be in writing and shall include the following:
(1) Citation of the statute or regulation which has been violated.
(2) A description of the nature of the deficiency stating the manner in which the licensee failed to comply with a
specified statute or regulation, and the particular place or area of the facility in which it occurred.
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1
§ 80052. Deficiencies in Compliance., 22 CA ADC § 80052
(3) The plan developed, as specified in (b) above, for correcting each deficiency.
(4) A date by which each deficiency shall be corrected.
(A) In determining the date for correcting a deficiency, the evaluator shall consider the following factors:
1. The potential hazard presented by the deficiency.
2. The number of clients affected.
3. The availability of equipment or personnel necessary to correct the deficiency.
4. The estimated time necessary for delivery, and for any installation, of necessary equipment.
(B) The date for correcting a deficiency shall not be more than 30 calendar days following service of the notice of
deficiency, unless the evaluator determines that the deficiency cannot be completely corrected in 30 calendar days.
(C) If the date for correcting the deficiency is more than 30 calendar days following service of the notice of deficiency,
the notice shall specify the corrective actions which must be taken within 30 calendar days to begin correction.
(D) The evaluator shall require correction of the deficiency within 24 hours and shall specify on the notice the date
by which the correction must be made whenever penalties are assessed pursuant to sections 80054(c), (d) and (e).
(5) The amount of penalty being assessed and the date the penalty begins.
(6) The address and telephone number of the licensing office responsible for reviewing notices of deficiencies for
the area in which the facility is located.
Note: Authority cited: Sections 1530 and 1548, Health and Safety Code. Reference: Sections 1534 and 1548, Health and
Safety Code.
HISTORY
1. Amendment of subsections (c) and (d) filed 12-21-90; operative 1-20-91 (Register 91, No. 7).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80052, 22 CA ADC § 80052
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2
§ 80052. Deficiencies in Compliance., 22 CA ADC § 80052
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 80053. Follow-Up Visits to Determine Compliance., 22 CA ADC § 80053
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 4. Administrative Actions
22 CCR § 80053
§ 80053. Follow-Up Visits to Determine Compliance.
(a) A follow-up visit shall be conducted to determine compliance with the plan of correction specified in the notice of
deficiency.
(1) At a minimum, a follow-up visit shall be conducted within ten working days following the dates of corrections
specified in the notice of deficiency, unless the licensee has demonstrated that the deficiency was corrected as
required.
(2) No penalty shall be assessed unless a follow-up visit is conducted as specified in (a) and (a)(1) above.
(b) If a follow-up visit indicates that a deficiency was not corrected on or before the date specified in the notice of
deficiency, the evaluator shall issue a notice of penalty.
(c) A notice of penalty shall be in writing and shall include:
(1) The amount of penalty assessed, and the date the payment is due.
(2) The name and address of the agency responsible for collection of the penalty.
(d) When an immediate penalty has been assessed pursuant to sections 80054(c), (d), (e) and (f) and correction is made
when the evaluator is present, a follow-up visit is not required.
Note: Authority cited: Sections 1530 and 1548, Health and Safety Code. Reference: Sections 1533, 1534 and 1548, Health
and Safety Code.
HISTORY
1. Amendment of subsection (d) filed 12-21-90; operative 1-20-91 (Register 91, No. 7).
This database is current through 2/1/19 Register 2019, No. 5
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1
§ 80053. Follow-Up Visits to Determine Compliance., 22 CA ADC § 80053
22 CCR § 80053, 22 CA ADC § 80053
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80054. Penalties., 22 CA ADC § 80054
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 4. Administrative Actions
22 CCR § 80054
§ 80054. Penalties.
(a) A penalty of $50 per day, per cited violation, shall be assessed for serious deficiencies that are not corrected by the
date specified in the notice of deficiency, up to a maximum of $150 per day.
(b) Notwithstanding Section 80054(a) above, an immediate penalty of $100 per cited violation per day for a maximum
of five (5) days shall be assessed if any individual required to be fingerprinted under Health and Safety Code Section
1522(b) has not obtained a California clearance or a criminal record exemption, requested a transfer of a criminal record
clearance or requested and be approved for a transfer of an exemption as specified in Section 80019(e) prior to working,
residing or volunteering in the facility.
(1) Subsequent violations within a twelve (12) month period will result in a civil penalty of one hundred dollars
($100) per violation per day for a maximum of thirty (30) days.
(2) The Department may assess civil penalties for continued violations as permitted by Health and Safety Code
Section 1548.
(3) Progressive civil penalties specified in Sections 80054(d) and (e) below shall not apply.
(c) Notwithstanding Section 80054(a) above, an immediate penalty of $150 per day shall be assessed for any of the
following:
(1) Sickness, injury or death of a client has occurred as a result of the deficiency.
(d) When a facility is cited for a deficiency and violates the same regulation subsection within a 12-month period, the
facility shall be cited and an immediate penalty assessment of $150 per cited violation shall be assessed for one day only.
Thereafter a penalty of $50 per day, per cited violation, shall be assessed until the deficiency is corrected.
(e) When a facility, that was cited for a deficiency subject to the immediate penalty assessment in Section 80054(d) above,
violates the same regulation subsection within a 12-month period of the last violation, the facility shall be cited and an
immediate penalty of $150 per cited violation shall be assessed for one day only. Thereafter, a penalty of $150 per day,
per cited violation, shall be assessed until the deficiency is corrected.
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§ 80054. Penalties., 22 CA ADC § 80054
(1) For purposes of Sections 80054 (d) and (e) above, a regulation subsection is the regulation denoted by a lowercase letter after the main regulation number.
(f) If any deficiency is not corrected by the date specified in the notice of deficiency, a penalty shall be assessed for each
day following that date until compliance has been demonstrated.
(1) Immediate penalty assessment as specified in (c), (d) and (e) above, shall begin on the day the deficiency is cited.
(g) If a licensee or his/her representative reports to the licensing agency that a deficiency has been corrected, the penalty
shall cease as of the day the licensing agency receives notification that the correction was made.
(1) If the deficiency has not been corrected, civil penalties shall continue to accrue from the date of the original
citation.
(2) If it can be verified that the correction was made prior to the date of notification, the penalty shall cease as of
that earlier date.
(h) If necessary, a site visit shall be made immediately or within five working days to confirm deficiency has been
corrected.
(i) If an immediate civil penalty is assessed, and the deficiency is corrected on the same day, the penalty shall still be
assessed for that day.
(j) Unless otherwise ordered by the Department all penalties are due and payable upon receipt of notice for payment,
and shall be paid only by check or money order made payable to the agency indicated in the notice.
(k) The licensing agency shall have the authority to file a claim in a court of competent jurisdiction or to take other
appropriate action for failure to pay penalties as specified in (j) above.
Note: Authority cited: Sections 1530 and 1548, Health and Safety Code. Reference: Sections 1522, 1534 and 1548, Health
and Safety Code.
HISTORY
1. Amendment of subsection (a) and repealer of subsection (c) filed 12-21-90; operative 1-20-91 (Register 91, No. 7).
2. Editorial correction of subsection (e) (Register 97, No. 5).
3. Amendment of section and Note filed 7-27-2001; operative 8-26-2001 (Register 2001, No. 30).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80054. Penalties., 22 CA ADC § 80054
4. Amendment of subsection (b), new subsections (b)(1)-(b)(1)(A) and subsection renumbering filed 7-14-2003 as an
emergency; operative 7-16-2003 (Register 2003, No. 29). A Certificate of Compliance must be transmitted to OAL by
11-13-2003 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (b), new subsections (b)(1)-(b)(1)(A) and subsection renumbering refiled 11-12-2003 as an
emergency; operative 11-12-2003 (Register 2003, No. 46). A Certificate of Compliance must be transmitted to OAL by
3-11-2004 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (b), new subsections (b)(1)-(b)(1)(A) and subsection renumbering refiled 3-11-2004 as an
emergency; operative 3-11-2004 (Register 2004, No. 11). A Certificate of Compliance must be transmitted to OAL by
7-9-2004 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsections (b) and (b)(1) and
repealer of former subsection (b)(1)(A), transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
8. Amendment of subsection (b), new subsection (b)(1), subsection renumbering and amendment of newly designated
subsection (b)(2)filed 7-11-2006; operative 8-10-2006 (Register 2006, No. 28).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80054, 22 CA ADC § 80054
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 80055. Administrative Review., 22 CA ADC § 80055
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 4. Administrative Actions
22 CCR § 80055
§ 80055. Administrative Review.
(a) A licensee or his/her representative shall have the right to request a review of a notice of deficiency and/or notice of
penalty within 10 working days of receipt of such notice(s).
(1) If the deficiency has not been corrected, civil penalties shall continue to accrue during the review process.
(b) The review shall be conducted by a higher level staff person than the evaluator who issued the notice(s).
(c) If the reviewer determines that a notice of deficiency or notice of penalty was not issued or assessed in accordance
with applicable statutes and regulations of the Department, or that other circumstances existed, he/she shall have the
authority to amend or dismiss the notice.
(d) The reviewer shall have the authority to extend the date specified for correction of a deficiency if warranted by the
facts or circumstances presented to support a request for extension.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Section 1534, Health and Safety Code.
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80055, 22 CA ADC § 80055
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80055.1. Denial or Revocation of License for Failure to..., 22 CA ADC § 80055.1
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 4. Administrative Actions
22 CCR § 80055.1
§ 80055.1. Denial or Revocation of License for Failure to Pay Civil Penalties.
(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.
(b) The Department shall have the authority to deny or revoke any license for failure to pay civil penalty assessments.
(1) The Department shall have the authority to approve payment arrangements acceptable to the Department.
(2) The Department shall have the authority to approve the form of payment.
(3) The licensee's failure to pay civil penalty assessments pursuant to a payment plan approved by the Department
may result in the denial or revocation of any license, and/or any other appropriate action.
(c) Any denial or revocation of the license for failure to pay civil penalties may be appealed as provided by Health and
Safety Code Section 1551.
Note: Authority cited: Sections 1530 and 1548, Health and Safety Code. Reference: Sections 1522, 1534, 1548 and 1551,
Health and Safety Code.
HISTORY
1. New section filed 7-27-2001; operative 8-26-2001 (Register 2001, No. 30).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80055.1, 22 CA ADC § 80055.1
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80056. Exemption from Civil Penalties., 22 CA ADC § 80056
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 4. Administrative Actions
22 CCR § 80056
§ 80056. Exemption from Civil Penalties.
(a) Civil penalties shall not be assessed against any governmental entity, including a state, or city, holding a community
care facility license.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Section 1534, Health and Safety Code.
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80056, 22 CA ADC § 80056
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80058. Unlicensed Facility Penalties., 22 CA ADC § 80058
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 4. Administrative Actions
22 CCR § 80058
§ 80058. Unlicensed Facility Penalties.
(a) A penalty of $200 per day shall he assessed for the operation of an unlicensed facility under either of the following
conditions:
(1) The operator has not submitted a completed application for licensure within 15 calendar days of issuance of the
Notice of Operation in Violation of Law pursuant to Section 80006, and continues to operate.
(A) For purposes of this section, an application shall be deemed completed if it includes the information required
in Section 80018.
(B) The completed application shall be deemed to be submitted when received by the licensing agency.
(2) Unlicensed operation continues after denial of the initial application.
(A) Notwithstanding any appeal action, facility operation must cease within 10 calendar days of the mailing of the
notice of denial or upon receipt of the denial notice by the operator, whichever occurs first.
(b) The $200 per day penalty shall be assessed for the continued operation of an unlicensed facility as follows:
(1) On the 16th calendar day after the operator has been issued the Notice of Operation in Violation of Law, and
has not submitted a completed application as required.
(A) The $200 per day penalty shall continue until the operator ceases operation, or submits a completed application
pursuant to Sections 80058(a) (1)(A) and (B).
(2) Within 10 calendar days of the mailing of the notice of denial or upon receipt of the denial notice by the operator,
whichever occurs first.
(A) The $200 per day penalty shall continue until the operator ceases operation.
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1
§ 80058. Unlicensed Facility Penalties., 22 CA ADC § 80058
(c) If the unlicensed operator or his/her representative reports to the licensing agency that unlicensed operation, as defined
in Section 1503.5 of the Health and Safety Code, has ceased, the penalty shall cease as of the day the licensing agency
receives the notification.
(1) A site visit shall be made immediately or within five working days to verify that the unlicensed facility operation
has ceased.
(2) Notwithstanding (c) above, if the unlicensed facility operation has not ceased, penalties shall continue to accrue
without interruption from the date of initial penalty assessment.
(d) All penalties shall be due and payable upon receipt of the Notice for Payment from the licensing agency, and shall
be paid by check or money order made payable to the agency indicated in the notice.
(e) The licensing agency shall have the authority to file a claim in a court of competent jurisdiction or to take other
appropriate action for failure to pay penalties as specified in (d) above.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1503.5, 1508, 1520, 1533, 1538, 1540,
1540.1, 1541, 1547 and 1549, Health and Safety Code.
HISTORY
1. New section filed 8-17-88; operative 9-16-88 (Register 88, No. 34).
2. Change without regulatory effect of subsection(c)(2) pursuant to Section 100, Title 1, California Code of Regulations
filed 10-31-89 (Register 89, No. 49).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80058, 22 CA ADC § 80058
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80059. Unlicensed Facility Administrative Appeal., 22 CA ADC § 80059
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 4. Administrative Actions
22 CCR § 80059
§ 80059. Unlicensed Facility Administrative Appeal.
(a) An unlicensed facility operator or his/her representative shall have the right to appeal the penalty assessment within
10 working days after service of the penalty assessment.
(1) If the unlicensed facility operation has not ceased, the $200 per day penalty shall continue to accrue during the
appeal process.
(b) The appeal review shall be conducted by a higher level staff person than the evaluator who issued the penalty.
(c) If the reviewer of the appeal determines that the penalty assessment was not issued in accordance with applicable
statutes and regulations of the Department, he/she shall have the authority to amend or dismiss the penalty assessment.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1503.5, 1508, 1547 and 1548, Health
and Safety Code.
HISTORY
1. New section filed 8-17-88; operative 9-16-88 (Register 88, No. 34).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80059, 22 CA ADC § 80059
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80061. Reporting Requirements., 22 CA ADC § 80061
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80061
§ 80061. Reporting Requirements.
(a) Each licensee or applicant shall furnish to the licensing agency reports as required by the Department, including, but
not limited to, those specified in this section.
(b) Upon the occurrence, during the operation of the facility, of any of the events specified in (1) below, a report shall
be made to the licensing agency within the agency's next working day during its normal business hours. In addition, a
written report containing the information specified in (2) below shall be submitted to the licensing agency within seven
days following the occurrence of such event.
(1) Events reported shall include the following:
(A) Death of any client from any cause.
(B) In a residential facility, death of any client as a result of injury, abuse, or other than natural causes, regardless
of where the death occurred. This includes a death that occurred outside the facility such as at a day program,
workshop, job, hospital, en route to or from a hospital, or visiting away from the facility.
1. The licensee shall obtain a certified copy of the client's death certificate as soon as it is available, maintain
it in the client's file, and shall send a copy to the Department as soon as it is obtained.
2. For Regional Center clients, the licensee shall also send a copy of the death certificate to the Regional
Center.
(C) In an adult CCF, the use of an Automated External Defibrillator.
(D) Any injury to any client which requires medical treatment.
(E) Any unusual incident or client absence which threatens the physical or emotional health or safety of any client.
(F) Any suspected psychological abuse of any client.
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1
§ 80061. Reporting Requirements., 22 CA ADC § 80061
(G) Any suspected physical abuse of any minor.
(H) Epidemic outbreaks.
(I) Poisonings.
(J) Catastrophes.
(K) Fires or explosions which occur in or on the premises.
(2) Information provided shall include the following:
(A) Client's name, age, sex, and date of admission.
(B) Date and nature of event.
(C) Attending physician's name, findings, and treatment, if any.
(D) Disposition of the case.
(c) Any suspected physical abuse that results in serious bodily injury of an elder or dependent adult shall be reported to
the local ombudsman, the corresponding licensing agency, and the local law enforcement agency within two (2) hours
as required by Welfare and Institutions Code Section 15630(b)(1).
(d) Any suspected physical abuse that does not result in serious bodily injury of an elder or dependent adult shall be
reported to the local ombudsman, the corresponding licensing agency, and the local law enforcement agency within
twenty-four (24) hours as required by Welfare and Institutions Code Section 15630(b)(1).
(e) The items below shall be reported to the licensing agency within 10 working days following the occurrence.
(1) The organizational changes specified in section 80034(a)(2).
(2) Any change in the licensee's or applicant's mailing address.
(3) Any change of the chief executive officer of a corporation or association.
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2
§ 80061. Reporting Requirements., 22 CA ADC § 80061
(A) Such notification shall include the new chief executive officer's name and address.
(B) Fingerprints shall be submitted as specified in section 80019(d).
(4) Any changes in the plan of operation which affect the services to clients.
(f) The items specified in (b)(1)(A) through (H) above shall also be reported to the client's authorized representative,
if any.
(g) The items specified in (b)(1)(E) through (G) above shall also be reported to the local health officer when appropriate
pursuant to title 17, California Administrative Code, sections 2500, 2502 and 2503.
(h) The item specified in (b)(1)(H) shall also be reported immediately to the local fire authority. In areas not having
organized fire services a report shall be made to the State Fire Marshal within 24 hours.
(i) Licensees shall send copies of all substantiated complaints to board members of the licensed facility, parents, legal
guardians, conservators, client rights advocates or placement agencies, as designated in each client's placement agreement
in accordance with Health and Safety Code section 1538.5.
Note: Authority cited: Sections 1530 and 1538.5, Health and Safety Code. Reference: Sections 1501, 1507, 1531, 1538.5
and 1797.196, Health and Safety Code; and Section 15630, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (c)(1) filed 12-22-87; operative 1-21-88 (Register 88, No. 2).
2. New subsection (g) filed 3-24-89; operative 4-23-89 (Register 89, No. 15).
3. Change without regulatory effect amending lettering and correcting cross-references filed 5-25-91 pursuant to section
100, title 1, California Code of Regulations (Register 91, No. 28).
4. New subsections (d)-(d)(4), subsection relettering and amendment of Note filed 1-31-97 as an emergency; operative
2-1-97 (Register 97, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-2-97 or emergency language
will be repealed by operation of law on the following day.
5. New subsections (d)-(d)(4), subsection relettering and amendment of Note refiled 5-21-97 as an emergency; operative
6-1-97 (Register 97, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-29-97 or emergency language
will be repealed by operation of law on the following day.
6. New subsections (d)-(d)(4), subsection relettering and amendment of Note refiled 9-29-97 as an emergency; operative
9-29-97 (Register 97, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-27-98 or emergency language
will be repealed by operation of law on the following day.
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3
§ 80061. Reporting Requirements., 22 CA ADC § 80061
7. New subsections (d)-(d)(4), subsection relettering and amendment of Note refiled 1-26-98 as an emergency; operative
1-27-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-27-98 or emergency language
will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
9. New subsections (d)-(d)(4), subsection relettering and amendment of Note refiled 3-23-98 as an emergency; operative
3-23-98 (Register 98, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-21-98 or emergency language
will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 3-23-98 order, including further amendment of section, transmitted to OAL 7-21-98
and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
11. Amendment of subsection (h) filed 10-4-2000; operative 11-3-2000 (Register 2000, No. 40).
12. New subsection (b)(1)(C), subsection relettering and amendment of Note filed 8-9-2002; operative 9-8-2002 (Register
2002, No. 32).
13. Amendment of subsection (b)(1)(B) filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
14. Amendment of subsection (c)(3)(B) filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29).
A Certificate of Compliance must be transmitted to OAL by 11-13-2003 or emergency language will be repealed by
operation of law on the following day.
15. Amendment of subsection (c)(3)(B) refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003, No.
46). A Certificate of Compliance must be transmitted to OAL by 3-11-2004 or emergency language will be repealed by
operation of law on the following day.
16. Amendment of subsection (c)(3)(B) refiled 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No. 11). A
Certificate of Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be repealed by operation
of law on the following day.
17. Certificate of Compliance as to 3-11-2004 order transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004,
No. 34).
18. Change without regulatory effect amending subsection (b)(1)(F), adopting new subsections (b)(1)(G), (c) and (d),
relettering subsections and amending Note filed 5-2-2017 pursuant to section 100, title 1, California Code of Regulations
(Register 2017, No. 18).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80061, 22 CA ADC § 80061
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
4
§ 80062. Finances., 22 CA ADC § 80062
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80062
§ 80062. Finances.
(a) The licensee shall meet the following financial requirements:
(1) Development and maintenance of a financial plan which ensures resources necessary meet operating costs for
care and supervision of clients.
(2) Maintenance of financial records.
(3) Submission of financial reports as required upon the written request of the department or licensing agency.
(A) Such request shall explain the necessity for disclosure.
(B) The licensing agency shall have the authority to reject any financial report, and to request and examine additional
information including interim financial statements. The reason(s) for rejection of the report shall be in writing.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Section 1501, 1520 and 1531, Health and Safety
Code.
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80062, 22 CA ADC § 80062
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80063. Accountability., 22 CA ADC § 80063
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80063
§ 80063. Accountability.
(a) The licensee, whether an individual or other entity, is accountable for the general supervision of the licensed facility,
and for the establishment of policies concerning its operation.
(1) If the licensee is a corporation or an association, the governing body shall be active and functioning in order
to ensure such accountability.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety
Code.
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80063, 22 CA ADC § 80063
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80064. Administrator - Qualifications and Duties., 22 CA ADC § 80064
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80064
§ 80064. Administrator - Qualifications and Duties.
(a) The administrator shall have the following qualifications:
(1) Attainment of at least 18 years of age.
(2) Knowledge of the requirements for providing the type of care and supervision needed by clients, including ability
to communicate with such clients.
(3) Knowledge of and ability to comply with applicable law and regulation.
(4) Ability to maintain or supervise the maintenance of financial and other records.
(5) Ability to direct the work of others, when applicable.
(6) Ability to establish the facility's policy, program and budget.
(7) Ability to recruit, employ, train, and evaluate qualified staff, and to terminate employment of staff, if applicable
to the facility.
(b) Each licensee shall make provision for continuing operation and carrying out of the administrator's responsibilities
during any absence of the administrator.
(c) The licensee, if an individual, or any member of the governing board of the licensed corporation or association,
shall be permitted to be the administrator provided that he/she meets the qualifications specified in this section, and in
applicable regulations in Chapters 2 through 7.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety
Code.
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1
§ 80064. Administrator - Qualifications and Duties., 22 CA ADC § 80064
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80064, 22 CA ADC § 80064
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80065. Personnel Requirements., 22 CA ADC § 80065
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80065
§ 80065. Personnel Requirements.
(a) Facility personnel shall be competent to provide the services necessary to meet individual client needs and shall, at
all times, be employed in numbers necessary to meet such needs.
(b) The licensing agency shall have the authority to require any licensee to provide additional staff whenever the licensing
agency determines and documents that additional staff are required for the provision of services necessary to meet client
needs. The licensee shall be informed in writing of the reasons for the licensing agency's determination. The following
factors shall be taken into consideration in determining the need for additional staff.
(1) Needs of the particular clients.
(2) Extent of the services provided by the facility.
(3) Physical arrangements of the particular facility.
(4) Existence of a state of emergency or disaster.
(c) The licensee shall be permitted to utilize volunteers provided that such volunteers are supervised, and are not included
in the facility staffing plan.
(d) The following facility personnel shall be at least 18 years of age:
(1) Persons who supervise employees and/or volunteers.
(2) Persons, including volunteers, who provide any element of care and supervision to clients.
(e) The licensee shall provide for direct supervision of clients during participation in or presence at potentially dangerous
activities or areas in the facility.
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1
§ 80065. Personnel Requirements., 22 CA ADC § 80065
(1) An adult other than a client shall be present at all times while clients are using a pool or other body of water
from which rescue requires the rescuer's ability to swim.
(2) Adults who supervise while clients are using a pool or other body of water from which rescue requires the rescuer's
ability to swim, shall have a valid water safety certificate.
(f) All personnel shall be given on-the-job training or shall have related experience which provides knowledge of and
skill in the following areas, as appropriate to the job assigned and as evidenced by safe and effective job performance.
(1) Principles of nutrition, food preparation and storage and menu planning.
(2) Housekeeping and sanitation principles.
(3) Provision of client care and supervision, including communication.
(4) Assistance with prescribed medications which are self-administered.
(5) Recognition of early signs of illness and the need for professional assistance.
(6) Availability of community services and resources.
(7) For adult CCFs, Universal Precautions as defined in Section 80001(u)(1).
(A) Training in Universal Precautions may be provided in the facility or staff may attend training provided by a
local health facility, county health department, or other local training resources.
(8) The licensee of a Group Home or Adult Residential Facility that has been approved by the Department to
utilize secured perimeters shall meet the staff training requirements as established by the Health and Safety Code
section 1531.15(e) and the California Code of Regulations, Title 17, Division 2, Chapter 3, Subchapter 4, Article
12, Section 56070(b).
(g) All personnel, including the licensee, administrator and volunteers, shall be in good health, and shall be physically,
mentally, and occupationally capable of performing assigned tasks.
(1) Except as specified in (3) below, good physical health shall be verified by a health screening, including a test for
tuberculosis, performed by or under the supervision of a physician not more than one year prior to or seven days
after employment or licensure.
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2
§ 80065. Personnel Requirements., 22 CA ADC § 80065
(2) A health screening report signed by the person performing such screening shall be made on each person specified
above, and shall indicate the following:
(A) The person's physical qualifications to perform the duties to be assigned.
(B) The presence of any health condition that would create a hazard to the person, clients or other staff members.
(3) The good physical health of each volunteer who works in the facility shall be verified by:
(A) A statement signed by each volunteer affirming that he/she is in good health.
(B) A test for tuberculosis performed not more than one year prior to or seven days after initial presence in the
facility.
(h) Personnel with evidence of physical illness that poses a threat to the health and safety of clients shall be relieved of
their duties.
(i) Prior to employment or initial presence in the facility, all employees and volunteers subject to a criminal record review
shall:
(1) Obtain a California clearance or a criminal record exemption as required by law or Department regulations or
(2) Request a transfer of a criminal record clearance as specified in Section 80019(f) or
(3) Request and be approved for a transfer of a criminal record exemption, as specified in Section 80019.1(r), unless,
upon request for the transfer, the Department permits the individual to be employed, reside or be present at the
facility.
(j) Clients shall not be used as substitutes for required staff but shall be permitted, as a voluntary part of their program
of activities, to participate in household duties and other tasks suited to the client's needs and abilities.
(1) Such duties and tasks shall be specified in the client's needs and services plan as specified in chapters 4, 5 and 6.
(k) When regular staff members are absent, there shall be coverage by personnel capable of performing assigned tasks
as evidenced by on-the-job performance.
(l) Personnel shall provide for the care and safety of persons without physical or verbal abuse, exploitation or prejudice.
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§ 80065. Personnel Requirements., 22 CA ADC § 80065
(m) All personnel shall be instructed to report observations or evidence of violations of any of the personal rights specified
in section 80072 and/or any of the personal rights provisions of chapters 3 through 7.
(n) A licensee of a Group Home or Adult Residential Facility that has been approved by the Department to utilize
secured perimeters shall comply with Health and Safety Code section 1531.15(g) and California Code of Regulations,
Title 17, Division 2, Chapter 3, Subchapter 4, Article 12, Section 56071(a).
(o) A Group Home or Adult Residential Facility licensee that utilizes secured perimeters shall ensure that each direct
care staff is trained in Emergency Intervention as required by Section 84365 for Group Homes and Section 85300 for
Adult Residential Facilities.
Note: Authority cited: Sections 1530 and 1531.15, Health and Safety Code. Reference: Sections 1501, 1522, 1531, 1531.15
and 1562, Health and Safety Code; and Section 42001, Vehicle Code.
HISTORY
1. Amendment of subsection (i) filed 6-5-87; operative 7-5-87 (Register 87, No. 25).
2. Amendment of subsection (j) filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register
91, No. 12).
3. New subsections (f)(7)-(f)(7)(A) filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
4. Amendment of subsection (i), repealer of subsections (i)(1)-(i)(2)(A) and new subsections (i)(1)-(3) filed 7-14-2003 as
an emergency; operative 7-16-2003 (Register 2003, No. 29). A Certificate of Compliance must be transmitted to OAL
by 11-13-2003 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (i), repealer of subsections (i)(1)-(i)(2)(A) and new subsections (i)(1)-(3) refiled 11-12-2003
as an emergency; operative 11-12-2003 (Register 2003, No. 46). A Certificate of Compliance must be transmitted to OAL
by 3-11-2004 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (i), repealer of subsections (i)(1)-(i)(2)(A) and new subsections (i)(1)-(3) refiled 3-11-2004
as an emergency; operative 3-11-2004 (Register 2004, No. 11). A Certificate of Compliance must be transmitted to OAL
by 7-9-2004 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsection (i)(1), transmitted to
OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
8. Change without regulatory effect amending subsections (j)(1) and (m) and amending Note filed 1-5-2016 pursuant to
section 100, title 1, California Code of Regulations (Register 2016, No. 2).
9. New subsections (f)(8) and (n)-(o) and amendment of Note filed 2-9-2017 as an emergency; operative 2-9-2017 (Register
2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be
repealed by operation of law on the following day.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
4
§ 80065. Personnel Requirements., 22 CA ADC § 80065
10. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017 (Register 2017,
No. 37).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80065, 22 CA ADC § 80065
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
5
§ 80066. Personnel Records., 22 CA ADC § 80066
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80066
§ 80066. Personnel Records.
(a) The licensee shall ensure that personnel records are maintained on the licensee, administrator and each employee.
Each personnel record shall contain the following information:
(1) Employee's full name.
(2) Driver's license number if the employee is to transport clients.
(3) Date of employment.
(4) A statement signed by the employee that he/she is at least 18 years of age.
(5) Home address and phone number.
(6) Documentation of the educational background, training and/or experience specified in licensing regulations for
the type of facility in which the employee works.
(7) Past experience, including types of employment and former employers.
(8) Duties of the employee.
(9) Termination date if no longer employed by the facility.
(10) A health screening as specified in Section 80065(g).
(11) Tuberculosis test documents as specified in Section 80065(g).
(12) For employees that are required to be fingerprinted pursuant to Section 80019:
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80066. Personnel Records., 22 CA ADC § 80066
(A) A signed statement regarding their criminal record history as required by Section 80019(d).
(B) Documentation of either a criminal record clearance or exemption as required by Section 80019(e).
1. For Certified Administrators, a copy of their current and valid Administrator Certification meets this
requirement.
(b) Personnel records shall be maintained for all volunteers and shall contain the following:
(1) A health statement as specified in Section 80065(g)(3).
(2) Tuberculosis test documents as specified in Section 80065(g).
(3) For volunteers that are required to be fingerprinted pursuant to Section 80019:
(A) A signed statement regarding their criminal record history as required by Section 80019(d).
(B) Documentation of either a criminal record clearance or exemption as required by Section 80019(e).
(c) All personnel records shall be available to the licensing agency to inspect, audit, and copy upon demand during
normal business hours. Records may be removed if necessary for copying. Removal of records shall be subject to the
following requirements:
(1) Licensing representatives shall not remove any current emergency and health-related information for current
personnel unless the same information is otherwise readily available in another document or format.
(2) Prior to removing any records, a licensing representative shall prepare a list of the records to be removed, sign
and date the list upon removal of the records, and leave a copy of the list with the administrator or designee.
(3) Licensing representatives shall return the records undamaged and in good order within three business days
following the date the records were removed.
(d) All personnel records shall be retained for at least three years following termination of employment.
(e) All personnel records shall be maintained at the facility site.
(1) The licensee shall be permitted to retain such records in a central administrative location provided that they are
readily available to the licensing agency at the facility site as specified in Section 80066(c).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80066. Personnel Records., 22 CA ADC § 80066
(f) In all cases, personnel records shall document the hours actually worked.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety
Code.
HISTORY
1. Amendment filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29). A Certificate of Compliance
must be transmitted to OAL by 11-13-2003 or emergency language will be repealed by operation of law on the following
day.
2. Amendment refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003, No. 46). A Certificate of
Compliance must be transmitted to OAL by 3-11-2004 or emergency language will be repealed by operation of law on
the following day.
3. Amendment refiled 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No. 11). A Certificate of
Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be repealed by operation of law on
the following day.
4. Certificate of Compliance as to 3-11-2004 order, including further amendment of section, transmitted to OAL 7-9-2004
and filed 8-20-2004 (Register 2004, No. 34).
5. Amendment filed 5-9-2005; operative 6-8-2005 (Register 2005, No. 19).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80066, 22 CA ADC § 80066
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 80068. Admission Agreements., 22 CA ADC § 80068
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80068
§ 80068. Admission Agreements.
(a) The licensee shall complete an individual written admission agreement with each client and the client's authorized
representative, if any.
(1) Prior to admitting a developmentally disabled adult recommended by a Regional Center, the licensee of an ARF
shall obtain from the Regional Center written certification which states that there was no objection to the placement
by any persons specified in Welfare and Institutions Code Section 4803.
(2) The licensee shall maintain a copy of the certification in the client's file.
(b) The licensee shall complete and maintain in the client's file a Telecommunications Device Notification form (LIC
9158, 5/97) for each client whose pre-admission appraisal or medical assessment indicates he/she is deaf, hearingimpaired, or otherwise disabled.
(c) Admission agreements must specify the following:
(1) Basic services.
(2) Available optional services.
(3) Payment provisions, including the following:
(A) Basic rate.
(B) Optional services rates.
(C) Payor.
(D) Due date.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80068. Admission Agreements., 22 CA ADC § 80068
(E) Frequency of payment.
(4) Modification conditions, including requirement for provision of at least 30 calendar days prior written notice to
the client or his/her authorized representative of any basic rate change.
(A) It shall be acceptable for agreements involving clients whose care is funded at government-prescribed rates to
specify that the effective date of a government rate change shall be considered the effective date for basic service
rate modifications and that no prior notice is necessary.
(5) Refund conditions.
(6) Right of the licensing agency to perform the duties authorized in Section 80044(b) and (c).
(7) Conditions under which the agreement may be terminated.
(A) The client's refusal to cooperate with the licensee's implementation of his/her Restricted Health Condition Care
Plan as specified in Section 80092.2, if any, and his/her Needs and Services Plan, as specified in Section 80068.2 or
80068.3, must be one of the conditions.
(8) The facility's policy concerning family visits and other communication with clients, pursuant to Health and
Safety Code Section 1512.
(9) If the client in an ARF has a restricted health condition, as specified in Section 80092, the admission agreement
must contain a statement that he/she agrees to comply with the Restricted Health Condition Care Plan developed
for him/her as specified in Section 80092.2.
(d) A licensee of a Group Home or Adult Residential Facility that has been approved to utilize secured perimeters shall
ensure that the client's admission agreements contain written consent agreeing to the placement when the client has not
been court ordered to be placed in a facility with secured perimeters.
(1) Written consent shall be signed by a non-conserved resident, 18 or older, or, as appropriate, the resident's
conservator or other person with legal authority and shall contain the following:
(A) A description of the location and manner in which the perimeter will be secured.
(B) A statement that the facility has delayed egress devices of the time delay type and the perimeter fence is locked.
(C) A statement that consent may be withdrawn at any time, pursuant to Section 80072(c).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80068. Admission Agreements., 22 CA ADC § 80068
(e) Such agreements shall be dated and signed, acknowledging the contents of the document, by the client and theclient's
authorized representative and the licensee or the licensee's designated representative no later than seven calendar days
following admission.
(f) Modifications to the original agreement shall be made whenever circumstances covered in the agreement change, and
shall be dated and signed by the persons specified in (c) above.
(g) The licensee shall retain in the client's file the original of the initial admission agreement and all subsequent
modifications.
(1) The licensee shall provide a copy of the current admission agreement to the client and the client's authorized
representative, if any.
(h) The licensee shall comply with all terms and conditions set forth in the admission agreement.
(i) The admission agreement shall be automatically terminated by the death of the client. No liability or debt shall accrue
after the date of death.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1507, 1512, 1524.7 and 1531,
Health and Safety Code; Section 4803, Welfare and Institutions Code; and Section 2881, Public Utilities Code.
HISTORY
1. New subsection (b)(8) filed 12-30-87; operative 1-29-88 (Register 88, No. 2).
2. New subsections (b)(7)(A) and (b)(9)-(b)(10)(B) and amendment of Note filed 1-31-97 as an emergency; operative
2-1-97 (Register 97, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-2-97 or emergency language
will be repealed by operation of law on the following day.
3. New subsections (b)(7)(A) and (b)(9)-(b)(10)(B) and amendment of Note refiled 5-21-97 as an emergency; operative
6-1-97 (Register 97, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-29-97 or emergency language
will be repealed by operation of law on the following day.
4. New subsections (b)(7)(A) and (b)(9)-(b)(10)(B) and amendment of Note refiled 9-29-97 as an emergency; operative
9-29-97 (Register 97, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-27-98 or emergency language
will be repealed by operation of law on the following day.
5. New subsections (b)(7)(A) and (b)(9)-(b)(10)(B) and amendment of Note refiled 1-26-98 as an emergency; operative
1-27-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-27-98 or emergency language
will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 80068. Admission Agreements., 22 CA ADC § 80068
7. New subsections (b)(7)(A) and (b)(9)-(b)(10)(B) and amendment of Note refiled 3-23-98 as an emergency; operative
3-23-98 (Register 98, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-21-98 or emergency language
will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 3-23-98 order, including further amendment of section and Note, transmitted to OAL
7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
9. Amendment of section and Note filed 11-12-98; operative 12-12-98 (Register 98, No. 46).
10. Change without regulatory effect amending subsections (a)(1) and (c)(9) filed 1-5-2016 pursuant to section 100, title
1, California Code of Regulations (Register 2016, No. 2).
11. New subsections (d)-(d)(1)(C) and subsection relettering filed 2-9-2017 as an emergency; operative 2-9-2017 (Register
2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be
repealed by operation of law on the following day.
12. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017 (Register 2017,
No. 37).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80068, 22 CA ADC § 80068
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
4
§ 80068.2. Needs and Services Plan., 22 CA ADC § 80068.2
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80068.2
§ 80068.2. Needs and Services Plan.
(a) The licensee shall complete a Needs and Services Plan for each client as required in Sections 81068.2, 82068.2, 82568.2,
or 85068.2.
(b) If the client has an existing needs appraisal or individual program plan (IPP) completed by a placement agency, or
a consultant for the placement agency, the Department may consider the plan to meet the requirements of this section
provided that:
(1) The needs appraisal or IPP is not more than one year old.
(2) The licensee and the placement agency agree that the client's physical, mental and emotional status has not
significantly changed since the assessment.
(c) The written Needs and Services Plan specified in Section 80068.2(a), shall be maintained in the client's file.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1507 and 1531, Health and
Safety Code.
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80068.2. Needs and Services Plan., 22 CA ADC § 80068.2
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including further amendment of section, transmitted to OAL 7-21-98
and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80068.2, 22 CA ADC § 80068.2
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80068.3. Modifications to Needs and Services Plan., 22 CA ADC § 80068.3
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80068.3
§ 80068.3. Modifications to Needs and Services Plan.
(a) The licensee shall ensure that each client's written Needs and Services Plan is updated as often as necessary to assure
its accuracy, but at least annually. These modifications shall be maintained in the client's file.
(b) If the licensee determines that the client's needs cannot be met, the licensee shall inform the client, and his/her
authorized representative, if any, and the placement agency, if any, and request that the client relocate to a facility that
can provide the needed services.
(1) If the client refuses to relocate, the licensee may evict the client in accordance with Section 80068.5.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1507 and 1531, Health and
Safety Code.
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including further amendment of subsection (a), repealer of subsections
(a)(1)-(b)(2), subsection redesignating, and amendment of redesignated subsection (b), transmitted to OAL 7-21-98 and
filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80068.3. Modifications to Needs and Services Plan., 22 CA ADC § 80068.3
8. Amendment of subsection (a) filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80068.3, 22 CA ADC § 80068.3
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80068.5. Eviction Procedures., 22 CA ADC § 80068.5
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80068.5
§ 80068.5. Eviction Procedures.
(a) Except for children's residential facilities, the licensee may, upon 30 days written notice to the client, evict the client
only for one or more of the following reasons:
(1) Nonpayment of the rate for basic services within ten days of the due date.
(2) Failure of the client to comply with state or local law after receiving written notice of the alleged violation.
(3) Failure of the client to comply with general facility policies that are documented in the facility admission
agreement, and are for the purpose of making it possible for clients to live together.
(4) Inability to meet the client's needs.
(A) A Needs and Services Plan modification must have been performed, as specified in Section 80068.3(a), which
determined that the client's needs cannot be met by the facility and the client has been given the opportunity to
relocate as specified in Section 80068.3(b).
(5) The client refuses to comply with his/her Restricted Health Condition Care Plan, if any, as specified in Section
80092.2.
(6) Change of use of the facility.
(b) The licensee shall obtain prior written approval from the Department to evict the client upon three (3) days written
notice to quit and upon a finding of good cause.
(1) Good cause exists if the client engages in behavior that threatens the mental and/or physical health or safety of
himself/herself or others in the facility.
(2) Failure of the Department to reply to the request for approval within two working days shall be considered
approval.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80068.5. Eviction Procedures., 22 CA ADC § 80068.5
(c) The notice to quit shall state the reasons for the eviction, with specific facts supporting the reason for the eviction,
including the date, place, witnesses, if any, and circumstances.
(d) When serving the client with either a 30-day or a 3-day notice to quit, the licensee shall, on the same day, overnight
mail or fax a copy of the notice to the client's authorized representative, if any, or responsible person if there is no
authorized representative.
(e) The licensee shall mail or fax to the Department a copy of the 30-day written notice in accordance with (a) above
within five days of giving the notice to the client.
(f) Upon request of a client or his/her authorized representative or responsible person, the Department will investigate
the reasons for the eviction pursuant to the provisions of Sections 1538 and 1569.35 of the Health and Safety Code.
(g) Nothing in this section precludes the licensee or client from invoking any other available remedy.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1531 and 1770 et seq.,
Health and Safety Code.
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including further amendment of subsections (a), (a)(3)(A), (a)(4)(A),
(a)(5), (b)(1), (c), (d), (f) and (g), transmitted to OAL 7-21-98 and filed 9-1-98; amendments operative per agency request
10-1-98 (Register 98, No. 36).
8. Amendment of subsection (a) and Note filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80068.5. Eviction Procedures., 22 CA ADC § 80068.5
9. Change without regulatory effect repealing subsection (a)(3)(A) filed 1-5-2016 pursuant to section 100, title 1,
California Code of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80068.5, 22 CA ADC § 80068.5
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 80069. Client Medical Assessments., 22 CA ADC § 80069
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80069
§ 80069. Client Medical Assessments.
(a) Except for licensees of ARFs, prior to or within 30 calendar days following the acceptance of a client, the licensee shall
obtain a written medical assessment of the client, as specified in Section 80069(c), which enables the licensee to determine
his/her ability to provide necessary health related services to the client. The assessment shall be used in developing the
Needs and Services Plan.
(1) The assessment shall be performed by a licensed physician or designee, who is also a licensed professional, and
the assessment shall not be more than one year old when obtained.
(b) In ARFs, prior to accepting a client into care, the licensee shall obtain and keep on file documentation of the client's
medical assessment.
(1) Such assessment shall be performed by a licensed physician, or designee, who is also a licensed professional, and
the assessment shall not be more than one year old when obtained.
(c) The medical assessment shall include the following:
(1) The results of an examination for communicable tuberculosis and other contagious/infectious diseases.
(2) Identification of the client's special problems and needs.
(3) Identification of any prescribed medications being taken by the client.
(4) A determination of the client's ambulatory status, as defined by Section 80001(n)(2).
(5) Identification of physical restrictions, including any medically necessary diet restrictions, to determine the client's
capacity to participate in the licensee's program.
(d) In addition to Section 80069(c), the medical assessment for clients in ARFs shall include the following:
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1
§ 80069. Client Medical Assessments., 22 CA ADC § 80069
(1) A physical examination of the person, indicating the physician's primary diagnosis and secondary diagnosis, if
any.
(2) Identification of other medical conditions, including those described in Section 80092 which are restricted and
Section 80091, which would preclude care of the person by the licensee.
(3) Documentation of prior medical services and history.
(4) Current medical status including, but not limited to, height, weight, and blood pressure.
(5) Identification of the client's needs as a result of any medical information contained in the report.
(e) The licensing agency shall have the authority to require the licensee to obtain a current written medical assessment,
if such an assessment is necessary to verify the appropriateness of a client's placement.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507, 1530 and 1531,
Health and Safety Code.
HISTORY
1. Amendment of section and Note filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate
of Compliance must be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on
the following day.
2. Amendment of section and Note refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate
of Compliance must be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on
the following day.
3. Amendment of section and Note refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate
of Compliance must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on
the following day.
4. Amendment of section and Note refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate
of Compliance must be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on
the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. Amendment of section and Note refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate
of Compliance must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on
the following day.
7. Certificate of Compliance as to 3-23-98 order, including further amendment of subsections (a)-(b)(1) and (c)(4)-(d),
transmitted to OAL 7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80069. Client Medical Assessments., 22 CA ADC § 80069
8. Change without regulatory effect amending subsections (a), (b) and (d) and amending Note filed 1-5-2016 pursuant
to section 100, title 1, California Code of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80069, 22 CA ADC § 80069
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 80069.1. Individual Health Condition Care Plan., 22 CA ADC § 80069.1
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80069.1
§ 80069.1. Individual Health Condition Care Plan.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507 and 1530, Health
and Safety Code.
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including renumbering of section 80069.1 to section 80092.2, transmitted
to OAL 7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80069.1, 22 CA ADC § 80069.1
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80069.2. Functional Capabilities Assessment., 22 CA ADC § 80069.2
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80069.2
§ 80069.2. Functional Capabilities Assessment.
(a) In order to determine whether the facility's program meets a client's service needs, the licensee of an ARF shall assess
the client's need for personal assistance and care by determining his/her functional capabilities. The assessment shall be
in writing, shall be used in developing the Needs and Services Plan, and shall include, but not be limited to the following
activities:
(1) Bathing:
(A) Does not bathe or shower self.
(B) Performs some bathing or showering tasks.
(C) Bathes or showers self independently.
(2) Dressing:
(A) Does not dress self.
(B) Puts on some clothing by self.
(C) Dresses self completely.
(3) Grooming:
(A) Does not tend to own personal hygiene.
(B) Tends to some personal hygiene tasks.
(C) Tends to own personal hygiene.
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1
§ 80069.2. Functional Capabilities Assessment., 22 CA ADC § 80069.2
(4) Toileting:
(A) Not toilet trained.
(B) Does not toilet by self.
(C) Goes to toilet by self.
(5) Transferring:
(A) Unable to move in and out of a bed or chair.
(B) Needs assistance to transfer.
(C) Is able to move in and out of a bed or chair.
(6) Repositioning:
(A) Unable to reposition.
(B) Repositions from side to side.
(C) Repositions from front to back and back to front.
(7) Wheelchair:
(A) Unable to sit without support.
(B) Sits without support.
(C) Needs assistance moving wheelchair.
(D) Moves wheelchair independently.
(E) Does not use wheelchair.
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2
§ 80069.2. Functional Capabilities Assessment., 22 CA ADC § 80069.2
(8) Continence:
(A) No bowel and/or bladder control.
(B) Some bowel and/or bladder control.
(C) Use of assistive devices, such as a catheter.
(D) Complete bowel and/or bladder control.
(9) Eating:
(A) Does not feed self.
(B) Feeds self with assistance from another person.
(C) Feeds self completely.
(b) Assessment of the client's need for assistance shall include consideration of his/her physical condition affecting
participation in his/her own care, including:
(1) Vision:
(A) Severe/profound impairment.
(B) Mild/moderate impairment.
(C) No vision impairment.
(2) Hearing:
(A) Severe/profound loss.
(B) Mild/moderate loss.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 80069.2. Functional Capabilities Assessment., 22 CA ADC § 80069.2
(C) No hearing loss.
(3) Communication:
(A) Does not express nonverbally.
(B) Does not express verbally.
(C) Expresses by sounds or movements.
(D) Expresses self well, both verbally and nonverbally.
(4) Walking:
(A) Does not walk.
(B) Walks with support.
(C) Walks well alone.
(5) Medical history and conditions.
(6) Need for prescribed and non-prescribed medications.
(c) Assessment of the client's need for assistance and care shall include consideration of the following:
(1) Mental and emotional conditions.
(2) Socialization and cognitive status.
(3) Propensity for behaviors that result in harm to self or others and that require supervision,
(4) Ability to manage his/her own finances and cash resources.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1250, 1501, 1502, 1507, 1530, 1531
and 1557.5, Health and Safety Code.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
4
§ 80069.2. Functional Capabilities Assessment., 22 CA ADC § 80069.2
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including further amendment of section, transmitted to OAL 7-21-98
and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
8. Change without regulatory effect amending subsection (a) filed 1-5-2016 pursuant to section 100, title 1, California
Code of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80069.2, 22 CA ADC § 80069.2
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
5
§ 80069.3. Mental Health Assessment., 22 CA ADC § 80069.3
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80069.3
§ 80069.3. Mental Health Assessment.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507, 1530, 1531 and
1562.6, Health and Safety Code.
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including renumbering of section 80069.3 to new section 85069.3,
transmitted to OAL 7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80069.3, 22 CA ADC § 80069.3
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80070. Client Records., 22 CA ADC § 80070
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80070
§ 80070. Client Records.
(a) The licensee shall ensure that a separate, complete, and current record is maintained in the facility for each client.
(b) Each record must contain information including, but not limited to, the following:
(1) Name of client.
(2) Birthdate.
(3) Sex.
(4) Date of Admission.
(5) Names, addresses, and telephone numbers of the authorized representative.
(6) A signed copy of the admission agreement specified in Section 80068.
(7) Name, address and telephone number of physician and dentist, and other medical and mental health providers,
if any.
(8) Medical assessment, including ambulatory status, as specified in Section 80069.
(9) Record of any illness or injury requiring treatment by a physician or dentist and for which the facility provided
assistance to the client in meeting his/her necessary medical and dental needs.
(10) Record of current medications, including the name of the prescribing physician, and instructions, if any,
regarding control and custody of medications.
(11) Restricted Health Condition Care Plan, if required for the client by Section 80092.2.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80070. Client Records., 22 CA ADC § 80070
(12) Functional assessment as specified in Section 80069.2.
(13) Date of termination of services.
(14) An account of the client's cash resources, personal property, and valuables entrusted as specified in Section
80026.
(c) All information and records obtained from or regarding clients shall be confidential.
(1) The licensee shall be responsible for safeguarding the confidentiality of record contents.
(2) Except as specified in (d) below, or as otherwise authorized by law, the licensee and all employees shall not reveal
or make available confidential information.
(d) All client records shall be available to the licensing agency to inspect, audit, and copy upon demand during normal
business hours. Records may be removed if necessary for copying. Removal of records shall be subject to the following
requirements:
(1) Licensing representatives shall not remove the following current records for current clients unless the same
information is otherwise readily available in another document or format:
(A) Name, address, and telephone number of the authorized representative(s) as specified in Section 80070(b)(5).
(B) Name, address, and telephone number of a client's physician and dentist, and any other medical and mental
health providers, as specified in Section 80070(b)(7).
(C) Medical assessment, including ambulatory status, as specified in Section 80070(b)(8).
(D) Record of any current illness or injury as specified in Section 80070(b)(9).
(E) Record of current medications as specified in Section 80070(b)(10).
(F) Restricted Health Condition Care Plan as specified in Section 80070(b)(11).
(G) Functional assessment as specified in Section 80070(b)(12).
(H) Any other records containing current emergency or health-related information for current clients.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80070. Client Records., 22 CA ADC § 80070
(2) Prior to removing any records, a licensing representative shall prepare a list of the records to be removed, sign
and date the list upon removal of the records, and leave a copy of the list with the administrator or designee.
(3) Licensing representatives shall return the records undamaged and in good order within three business days
following the date the records were removed.
(e) A client's records shall be open to inspection by the client's authorized representative(s), if any.
(f) The information specified in (b)(1)-(b)(15) above must be updated as necessary to ensure the accuracy of the client's
record.
(g) Original client records or photographic reproductions shall be retained for at least three years following termination
of service to the client.
(h) A licensee of a Group Home or Adult Residential Facility that has been approved to utilize secured perimeters shall
meet the requirements of the California Code of Regulations, Title 17, Division 2, Chapter 3, Subchapter 4, Article 12,
Sections 56073(b), (c), (e), (m) and Sections 56071(b) through (b)(2).
(1) If the informed consent agreeing to the placement in a facility is signed by a client's legally authorized
representative, the licensee shall obtain documentation showing that the authorized representative is legally entitled
to act on behalf of the client, in this regard, including but not limited to any court order authorizing the individual
to act on the client's behalf.
(i) In addition to these requirements, a licensee of a Group Home or Adult Residential Facility that has been approved
to utilize secured perimeters shall ensure that the documents required by Title 17, Section 56073 are maintained in the
client record.
Note: Authority cited: Sections 1530 and 1531.15, Health and Safety Code. Reference: Sections 1501, 1507, 1531 and
1531.15, Health and Safety Code.
HISTORY
1. New subsection (b)(12) filed 6-15-87; operative 7-15-87 (Register 87, No. 25).
2. New subsections (b)(11)-(12), subsection renumbering, and amendment of subsection (e) and Note filed 1-31-97 as an
emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-2-97 or
emergency language will be repealed by operation of law on the following day.
3. Editorial correction of History 2 (Register 97, No. 21).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 80070. Client Records., 22 CA ADC § 80070
4. New subsections (b)(11)-(12), subsection renumbering, and amendment of subsection (e) and Note refiled 5-21-97
as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must be transmitted to OAL by
9-29-97 or emergency language will be repealed by operation of law on the following day.
5. New subsections (b)(11)-(12), subsection renumbering, and amendment of subsection (e) and Note refiled 9-29-97 as
an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance must be transmitted to OAL by
1-27-98 or emergency language will be repealed by operation of law on the following day.
6. New subsections (b)(11)-(12), subsection renumbering, and amendment of subsection (e) and Note refiled 1-26-98
as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by
5-27-98 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 5 and 6 (Register 98, No. 13).
8. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
9. New subsections (b)(11)-(12), subsection renumbering, and amendment of subsection (e) and Note refiled 3-23-98 as
an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance must be transmitted to OAL by
7-21-98 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 3-23-98 order, including further amendment of subsection (b), new subsection (b)(11),
subsection renumbering and amendment of subsection (e), transmitted to OAL 7-21-98 and filed 9-1-98; amendments
operative per agency request 10-1-98 (Register 98, No. 36).
11. Amendment of section and Note filed 5-9-2005; operative 6-8-2005 (Register 2005, No. 19).
12. Change without regulatory effect amending subsection (b), repealing subsection (b)(13), renumbering subsections,
repealing subsection (d)(1)(H) and relettering subsections filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
13. New subsections (h)-(h)(1)(i) and amendment of Note filed 2-9-2017 as an emergency; operative 2-9-2017 (Register
2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be
repealed by operation of law on the following day.
14. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017 (Register 2017,
No. 37).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80070, 22 CA ADC § 80070
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
4
§ 80071. Register of Clients., 22 CA ADC § 80071
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80071
§ 80071. Register of Clients.
(a) In all licensed facilities, the following shall apply:
(1) The licensee shall maintain in the facility a register of all clients. The register shall be immediately available to,
and copied for, licensing staff upon request, and must contain current information on the following:
(A) Client's name and ambulatory status as specified in Section 80070(b)(1) and (8).
(B) Name, address and telephone number of client's attending physician.
(C) Authorized representative information as specified in Section 80070(b)(5).
(D) Client's restricted health condition(s) specified in Section 80092(b).
1. The licensee may keep a separate client register with this information.
(2) The licensee shall keep the register in a central location at the facility.
(A) Registers are confidential, as specified in Section 80070(c).
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1507 and 1557.5, Health and Safety
Code.
HISTORY
1. New section filed 1-8-87; effective thirtieth day thereafter (Register 87, No. 2).
2. Amendment of section and Note filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate
of Compliance must be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on
the following day.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80071. Register of Clients., 22 CA ADC § 80071
3. Amendment of section and Note refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate
of Compliance must be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on
the following day.
4. Amendment of section and Note refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate
of Compliance must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on
the following day.
5. Amendment of section and Note refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate
of Compliance must be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
7. Amendment of section and Note refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate
of Compliance must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on
the following day.
8. Certificate of Compliance as to 3-23-98 order, including further amendment of section, transmitted to OAL 7-21-98
and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
9. Amendment of subsection (a)(1) filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80071, 22 CA ADC § 80071
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80072. Personal Rights., 22 CA ADC § 80072
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80072
§ 80072. Personal Rights.
(a) Except for children's residential facilities, each client shall have personal rights which include, but are not limited
to, the following:
(1) To be accorded dignity in his/her personal relationships with staff and other persons.
(2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her
needs.
(3) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion,
threat, mental abuse, or other actions of a punitive nature, including but not limited to: interference with the daily
living functions, including eating, sleeping, or toileting; or withholding of shelter, clothing, medication or aids to
physical functioning.
(4) To be informed, and to have his/her authorized representative, if any, informed, by the licensee of the provisions
of law regarding complaints including, but not limited to, the address and telephone number of the complaint
receiving unit of the licensing agency, and of information regarding confidentiality.
(5) To be free to attend religious services or activities of his/her choice and to have visits from the spiritual advisor
of his/her choice.
(A) Attendance at religious services, in or outside of the facility, shall be on a completely voluntary basis.
(6) To leave or depart the facility at any time.
(A) The licensee shall not be prohibited by this provision from setting curfews or other house rules for the protection
of clients.
(B) This provision shall not apply to minors and other clients for whom a guardian, conservator, or other legal
authority has been appointed.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80072. Personal Rights., 22 CA ADC § 80072
(7) Not to be locked in any room, building, or facility premises by day or night.
(A) The licensee shall not be prohibited by this provision from locking exterior doors and windows or from
establishing house rules for the protection of clients provided the clients are able to exit the facility.
(B) The licensee shall be permitted to utilize means other than those specified in (A) above for securing exterior
doors and windows only with the prior approval of the licensing agency.
(8) Not to be placed in any restraining device. Postural supports may be used under the following conditions.
(A) Postural supports shall be limited to appliances or devices including braces, spring release trays, or soft ties,
used to achieve proper body position and balance, to improve a client's mobility and independent functioning, or
to position rather than restrict movement including, but not limited to, preventing a client from falling out of bet,
a chair, etc.
1. Physician-prescribed orthopedic devices such as braces or casts used for support of a weakened body
part or correction of body parts are considered postural supports.
(B) A written order from the client's physician indicating the need for the postural support shall be maintained in
the client's record. The licensing agency shall be authorized to require additional documentation if needed to verify
the order.
(C) Postural supports shall be fastened or tied in a manner that permits quick release by the client.
(D) Prior to the use of postural supports that cause the client to become non-ambulatory, the licensee shall ensure
that a fire clearance, as required by Section 80020, has been secured.
(E) Under no circumstances shall postural supports include tying of, or depriving or limiting the use of, a client's
hands or feet.
1. A bed rail that extends from the head half the length of the bed and used only for assistance with mobility
shall be allowed. Bed rails that extend the entire length of the bed are prohibited except for clients who are
currently receiving hospice care and have a hospice care plan that specifies the need for full bed rails.
(F) Protective devices including, but not limited to, helmets, elbow guards, and mittens which do not prohibit a
client's mobility but rather protect the client from self-injurious behavior are not to be considered restraining devices
for the purpose of this regulation. Protective devices may be used if they are approved in advance by the licensing
agency as specified below.
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2
§ 80072. Personal Rights., 22 CA ADC § 80072
1. All requests to use protective devices shall be in writing and include a written order of a physician
indicating the need for such devices. The licensing agency shall be authorized to require additional
documentation including, but not limited to, the Individual Program Plan (IPP) as specified in Welfare
and Institutions Code section 4646, and the written consent of the authorized representative, in order to
evaluate the request.
2. The licensing agency shall have the authority to grant conditional and/or limited approvals to use
protective devices.
(9) To receive or reject medical care, or health-related services, except for minors and other clients for whom a
guardian, conservator, or other legal authority has been appointed.
(10) To be informed of the facility's policy concerning family visits and other communication with clients, as specified
in Health and Safety Code section 1512.
(b) Section 1531.15(j) of the Health and Safety Code shall apply to a licensee of a Group Home or Adult Residential
Facility that has received approval from the Department for the use secured perimeters.
(c) In the event the a licensee of a Group Home or Adult Residential Facility is using secured perimeters and a written
consent has been obtained for a client agreeing to the placement in the facility using secured perimeters, the client or,
as appropriate, the consumer's conservator or other person with legal authority, shall have the right to withdraw the
written consent at any time.
(1) If consent is revoked then the client shall not be subject to secured perimeters.
(d) At admission, a client and the client's authorized representative shall be personally advised of and given a list of
the rights specified in Sections 80072(a)(1) through (10) and in the applicable Personal Rights sections of chapters 2
through 7.
(e) The information specified in (b) above including the visiting policy as stated in the admissions agreement shall be
prominently posted in areas accessible to clients and their visitors.
(f) The licensee shall ensure that each client is accorded the personal rights as specified in this section and the applicable
sections of chapters 2 through 7.
Note: Authority cited: Sections 1530 and 1531.15, Health and Safety Code. Reference: Sections 1501, 1531 and 1531.15,
Health and Safety Code.
HISTORY
1. Amendment filed 12-30-87; operative 1-29-88 (Register 88, No. 2).
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3
§ 80072. Personal Rights., 22 CA ADC § 80072
2. Amendment of subsection (a)(8) filed 5-3-90; operative 6-2-90 (Register 90, No. 26).
3. Editorial correction restoring inadvertently omitted section (Register 98, No. 41).
4. Amendment of subsection (b) and Note filed 11-12-98; operative 12-12-98 (Register 98, No. 46).
5. Amendment of subsection (a) filed 8-16-2004; operative 9-15-2004 (Register 2004, No. 34).
6. Amendment of subsections (a)(8) and (a)(8)(B)-(D), repealer of subsection (a)(8)(E), subsection relettering,
amendment of newly designated subsections (a)(8)(E)-(A)(8)(E)1. and amendment of Note filed 10-4-2005; operative
11-3-2005 (Register 2005, No. 40).
7. New subsections (b)-(c)(1), subsection relettering and amendment of Note filed 2-9-2017 as an emergency; operative
2-9-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or emergency
language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No.
37).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80072, 22 CA ADC § 80072
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
4
§ 80073. Telephones., 22 CA ADC § 80073
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80073
§ 80073. Telephones.
(a) All facilities shall have telephone service on the premises.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1528, 1531 and 1539, Health
and Safety Code.
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80073, 22 CA ADC § 80073
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80074. Transportation., 22 CA ADC § 80074
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80074
§ 80074. Transportation.
(a) Only drivers licensed for the type of vehicle operated shall be permitted to transport clients.
(b) The manufacturer's rated seating capacity of the vehicles shall not be exceeded.
(c) Motor vehicles used to transport clients shall be maintained in a safe operating condition.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1528 and 1531, Health and
Safety Code.
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80074, 22 CA ADC § 80074
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80075. Health-Related Services., 22 CA ADC § 80075
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80075
§ 80075. Health-Related Services.
(a) The licensee shall ensure that each client receives first aid and other needed medical or dental services, including
arrangement for and/or provision of transportation to the nearest available services.
(b) Clients shall be assisted as needed with self-administration of prescription and nonprescription medications.
(1) In adult CCFs, facility staff who receive training may assist clients with metered-dose inhalers, and dry powder
inhalers if the following requirements are met:
(A) In ARFs, facility staff must receive training from a licensed professional.
1. The licensee shall obtain written documentation from the licensed professional outlining the procedures
and the names of facility staff who have been trained in those procedures.
2. The licensee ensures that the licensed professional reviews staff performance as the licensed professional
deems necessary, but at least once a year.
(B) All staff training shall be documented in the facility personnel files.
(2) Facility staff, except those authorized by law, shall not administer injections but staff designated by the licensee
shall be authorized to assist clients with self-administration of injections as needed.
(3) Assistance with self-administration does not include forcing a client to take medications, hiding or camouflaging
medications in other substances without the client's knowledge and consent, or otherwise infringing upon a client's
right to refuse to take a medication.
(4) If the client's physician has stated in writing that the client is able to determine and communicate his/her need
for a prescription or nonprescription PRN medication, facility staff shall be permitted to assist the client with selfadministration of their PRN medication.
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1
§ 80075. Health-Related Services., 22 CA ADC § 80075
(5) If the client's physician has stated in writing that the client is unable to determine his/her own need for
nonprescription PRN medication, but can communicate his/her symptoms clearly, facility staff designated by the
licensee shall be permitted to assist the client with self-administration, provided all of the following requirements
are met:
(A) There is written direction from a physician, on a prescription blank, specifying the name of the client, the name of
the medication, all of the information specified in Section 80075(e), instructions regarding a time or circumstance (if
any) when it should be discontinued, and an indication of when the physician should be contacted for a medication
reevaluation.
(B) Once ordered by the physician the medication is given according to the physician's directions.
(C) A record of each dose is maintained in the client's record. The record shall include the date and time the PRN
medication was taken, the dosage taken, and the client's response.
(6) If the client is unable to determine his/her own need for a prescription or nonprescription PRN medication, and
is unable to communicate his/her symptoms clearly, facility staff designated by the licensee, shall be permitted to
assist the client with self-administration, provided all of the following requirements are met:
(A) Facility staff shall contact the client's physician prior to each dose, describe the client's symptoms, and receive
direction to assist the client in self-administration of that dose of medication.
(B) The date and time of each contact with the physician, and the physician's directions, shall be documented and
maintained in the client's facility record.
(C) The date and time the PRN medication was taken, the dosage taken, and the client's response, shall be
documented and maintained in the client's facility record.
(D) For every prescription and nonprescription PRN medication for which the licensee provides assistance, there
shall be a signed, dated written order from a physician on a prescription blank, maintained in the client's file,
and a label on the medication. Both the physician's order and the label shall contain at least all of the following
information:
(1) The specific symptoms which indicate the need for the use of the medication.
(2) The exact dosage.
(3) The minimum number of hours between doses.
(4) The maximum number of doses allowed in each 24-hour period.
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2
§ 80075. Health-Related Services., 22 CA ADC § 80075
(c) The isolation room or area specified in Section 80087(d) shall be used where separation from others is required.
(d) There shall be privacy for first aid treatment of minor injuries and for examination or treatment by a physician if
required.
(e) In adult CCFs, when a client requires oxygen the licensee is responsible for the following:
(1) Monitoring the client's ongoing ability to operate and care for the equipment in accordance with the physician's
instructions, or if the client is unable to do so:
(A) Ensuring that an adequate number of facility staff persons are designated to operate and care for the equipment
and that those staff persons receive.
1. The licensee shall comply with all of the requirements for training in Sections 80075(b)(1)(A) through
(C).
(2) Ensuring that the following conditions are met if oxygen equipment is in use:
(A) The licensee makes a written report to the local fire jurisdiction that oxygen is in use at the facility.
(B) “No Smoking - Oxygen in Use” signs shall be posted in appropriate areas.
(C) Smoking is prohibited where oxygen is in use.
(D) All electrical equipment is checked for defects that may cause sparks.
(E) Oxygen tanks that are not portable are secured either in a stand or to the wall.
(F) Plastic tubing from the nasal canula (mask) to the oxygen source is long enough to allow the client movement
within his/her room but does not consitutute a hazard to the client or others.
(G) Clients use oxygen from a portable source when they are outside of their rooms or when walking in a day care
setting.
(H) Equipment is operable.
(I) Facility staff have knowledge and ability to operate and care for the oxygen equipment.
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3
§ 80075. Health-Related Services., 22 CA ADC § 80075
(J) Equipment is removed from the facility when no longer in use by the client.
(f) Staff responsible for providing direct care and supervision shall receive training in first aid from persons qualified by
agencies including but not limited to the American Red Cross.
(g) If the facility has no medical unit on the grounds, first aid supplies shall be maintained and be readily available in
a central location in the facility.
(1) The supplies shall include at least the following:
(A) A current edition of a first aid manual approved by the American Red Cross, the American Medical Association
or a state or federal health agency.
(B) Sterile first aid dressings.
(C) Bandages or roller bandages.
(D) Adhesive tape.
(E) Scissors.
(F) Tweezers.
(G) Thermometers.
(H) Antiseptic solution.
(h) There shall be at least one person capable of and responsible for communicating with emergency personnel in the
facility at all times. The following information shall be readily available:
(1) The name, address and telephone number of each client's physician and dentist, and other medical and mental
health providers, if any.
(2) The name, address and telephone number of each emergency agency, including but not limited to the fire
department, crisis center or paramedical unit. There shall be at least one medical resource available to be called
at all times.
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4
§ 80075. Health-Related Services., 22 CA ADC § 80075
(3) The name and telephone number of an ambulance service.
(i) When a client requires prosthetic devices, or vision or hearing aids, the staff shall be familiar with the use of these
devices and aids and shall assist the client with their utilization as needed.
(j) Medications shall be centrally stored under the following circumstances:
(1) Preservation of the medication requires refrigeration.
(2) Any medication determined by the physician to be hazardous if kept in the personal possession of the client for
whom it was prescribed.
(3) Because of physical arrangements and the condition or the habits of persons in the facility, the medications are
determined by either the administrator or by the licensing agency to be a safety hazard.
(k) The following requirements shall apply to medications which are centrally stored:
(1) Medication shall be kept in a safe and locked place that is not accessible to persons other than employees
responsible for the supervision of the centrally stored medication.
(2) Each container shall identify the items specified in (7)(A) through (G) below.
(3) All medications shall be labeled and maintained in compliance with label instructions and state and federal laws.
(4) No person other than the dispensing pharmacist shall alter a prescription label.
(5) Each client's medication shall be stored in its originally received container.
(6) No medications shall be transferred between containers.
(7) The licensee shall ensure the maintenance, for each client, of a record of centrally stored prescription medications
which is retained for at least one year and includes the following:
(A) The name of the client for whom prescribed.
(B) The name of the prescribing physician.
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5
§ 80075. Health-Related Services., 22 CA ADC § 80075
(C) The drug name, strength and quantity.
(D) The date filled.
(E) The prescription number and the name of the issuing pharmacy.
(F) Expiration date.
(G) Number of refills.
(H) Instructions, if any, regarding control and custody of the medication.
(l) Prescription medications which are not taken with the client upon termination of services, or which are not to be
retained shall be destroyed by the facility administrator, or a designated substitute, and one other adult who is not a client.
(1) Both shall sign a record, to be retained for at least one year, which lists the following:
(A) Name of the client.
(B) The prescription number and the name of the pharmacy.
(C) The drug name, strength and quantity destroyed.
(D) The date of destruction.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507, 1530 and 1531,
Health and Safety Code.
HISTORY
1. Amendment filed 5-16-97; operative 6-15-97 (Register 97, No. 20).
2. New subsections (a)(2)(A)-(B) and (h)-(h)(2)(J), subsection relettering, and amendment of Note filed 9-1-98; operative
10-1-98 (Register 98, No. 36).
3. Amendment filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
4. Repealer of subsections (b)(1)(B)-(b)(1)(B)2. and subsection relettering filed 12-13-2006; operative 1-12-2007 (Register
2006, No. 50).
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6
§ 80075. Health-Related Services., 22 CA ADC § 80075
5. Renumbering of subsections (i)-(o) to subsections (f)-( l ) filed 2-6-2012; operative 3-7-2012 (Register 2012, No. 6).
6. Change without regulatory effect amending subsection (b)(1)(A) filed 1-5-2016 pursuant to section 100, title 1,
California Code of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80075, 22 CA ADC § 80075
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
7
§ 80075.1. Automated External Defibrillators (AEDs)., 22 CA ADC § 80075.1
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80075.1
§ 80075.1. Automated External Defibrillators (AEDs).
(a) In an adult community care facility, a licensee is permitted to maintain and operate an AED at the facility if all of
the following requirements are met:
(1) The licensee shall notify the licensing agency in writing that an AED is in the facility and will be used in
accordance with all applicable federal and other state requirements.
(2) The AED shall be used in accordance with all applicable federal and other state requirements.
(3) The licensee shall maintain at the facility the following:
(A) A copy of the required physician's prescription for the AED.
(B) A training manual from an American Heart Association- or American Red Cross-recognized AED training
class.
(C) A log of checks of operation of the AED containing the dates checked and the name of person checking.
(D) A copy of a valid AED operator's certificate for any employee(s) authorized by the licensee to operate the AED.
The certificate shall indicate that the AED training course completed complies with the standards of the American
Heart Association or the American Red Cross. If it does not, then other evidence indicating that the AED training
course completed complies with the standards of the American Heart Association or the American Red Cross shall
be available at the facility.
(E) A log of quarterly proficiency demonstrations for each holder of an AED operator's certificate who is authorized
by the licensee to operate the AED. The log shall contain the dates of the demonstrations and the manner of
demonstration.
(4) A supply kit shall be maintained at the facility and be readily available for use with the AED. The kit shall
contain at least the following:
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1
§ 80075.1. Automated External Defibrillators (AEDs)., 22 CA ADC § 80075.1
(A) A back-up battery set.
(B) An extra set of pads.
(C) A safety razor for shaving chest hair when necessary to apply the pads.
(D) A cardiovascular pulmonary resuscitation barrier (a face shield or mask) for protection from transmission of
infectious disease.
(E) Two pairs of unused medical examination gloves (latex or non-latex).
(5) Use of an AED shall be reported as specified in Section 80061.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507, 1530, 1531 and
1797.196, Health and Safety Code.
HISTORY
1. New section filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80075.1, 22 CA ADC § 80075.1
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80076. Food Service., 22 CA ADC § 80076
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80076
§ 80076. Food Service.
(a) In facilities providing meals to clients, the following shall apply:
(1) All food shall be safe and of the quality and in the quantity necessary to meet the needs of the clients. Each meal
shall meet at least 1/3 of the servings recommended in the USDA Basic Food Group Plan -Daily Food Guide for
the age group served. All food shall be selected, stored, prepared and served in a safe and healthful manner.
(2) Where all food is provided by the facility, arrangements shall be made so that each client has available at least
three meals per day.
(A) Not more than 15 hours shall elapse between the third meal of one day and first meal of the following day.
(3) Where meal service within a facility is elective, arrangements shall be made to ensure availability of a daily food
intake meeting the requirements of (a)(1) above for all clients who, in their admission agreement, elect meal service.
(4) Between meal nourishment or snacks shall be available for all clients unless limited by dietary restrictions
prescribed by a physician.
(5) Menus shall be written at least one week in advance and copies of the menus as served shall be dated and kept on
file for at least 30 days. Menus shall be made available for review by the clients or their authorized representatives
and the licensing agency upon request.
(6) Modified diets prescribed by a client's physician as a medical necessity shall be provided.
(A) The licensee shall obtain and follow instructions from the physician or dietitian on the preparation of the
modified diet.
(7) Commercial foods shall be approved by appropriate federal, state and local authorities. All foods shall be
selected, transported, stored, prepared and served so as to be free from contamination and spoilage and shall be fit
for human consumption. Food in damaged containers shall not be accepted, used or retained.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80076. Food Service., 22 CA ADC § 80076
(8) Where indicated, food shall be cut, chopped or ground to meet individual needs.
(9) Powdered milk shall not be used as a beverage but shall be allowed in cooking and baking. Raw milk, as defined
in Division 15 of the California Food and Agricultural Code shall not be used. Milk shall be pasteurized.
(10) Except upon written approval by the licensing agency, meat, poultry and meat food products shall be inspected
by state or federal authorities. Written evidence of such inspection shall be available for all products not obtained
from commercial markets.
(11) All home canned foods shall be processed in accordance with standards of the University of California
Agricultural Extension Service. Home canned foods from outside sources shall not be used.
(12) If food is prepared off the facility premises, the following shall apply:
(A) The preparation source shall meet all applicable requirements for commercial food services.
(B) The facility shall have the equipment and staff necessary to receive and serve the food and for cleanup.
(C) The facility shall maintain the equipment necessary for in-house preparation, or have an alternate source for
food preparation, and service of food in emergencies.
(13) All persons engaged in food preparation and service shall observe personal hygiene and food services sanitation
practices which protect the food from contamination.
(14) All foods or beverages capable of supporting rapid and progressive growth of microorganisms which can cause
food infections or food intoxications shall be stored in covered containers at 45 degrees F (7.2 degrees C) or less.
(15) Pesticides and other similar toxic substances shall not be stored in food storerooms, kitchen areas, food
preparation areas, or areas where kitchen equipment or utensils are stored.
(16) Soaps, detergents, cleaning compounds or similar substances shall be stored in areas separate from food
supplies.
(17) All kitchen, food preparation, and storage areas shall be kept clean, free of litter and rubbish, and measures
shall be taken to keep all such areas free of rodents, and other vermin.
(18) All food shall be protected against contamination. Contaminated food shall be discarded immediately.
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2
§ 80076. Food Service., 22 CA ADC § 80076
(19) All equipment, fixed or mobile, dishes, and utensils shall be kept clean and maintained in safe condition.
(20) All dishes and utensils used for eating and drinking and in the preparation of food and drink, shall be cleaned
and sanitized after each usage.
(A) Dishwashing machines shall reach a temperature of 165 degrees F (74 degrees C) during the washing and/or
drying cycle to ensure that dishes and utensils are cleaned and sanitized.
(B) Facilities not using dishwashing machines shall clean and sanitize dishes and utensils by an alternative
comparable method.
(21) Equipment necessary for the storage, preparation and service of food shall be provided, and shall be wellmaintained.
(22) Tableware and tables, dishes, and utensils shall be provided in the quantity necessary to serve the clients.
(23) Adaptive devices shall be provided for self-help in eating as needed by clients.
(b) The licensing agency shall have the authority to require the facility to provide written information, including menus,
regarding the food purchased and used over a given period when it is necessary to determine if the licensee is in compliance
with the food service requirements in the regulations in this Division.
(1) The licensing agency shall specify in writing the written information required from the licensee.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1528, 1530, 1530.5 and 1531,
Health and Safety Code.
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80076, 22 CA ADC § 80076
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 80077. Personal Services. (Reserved), 22 CA ADC § 80077
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80077
§ 80077. Personal Services. (Reserved)
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80077, 22 CA ADC § 80077
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80077.2. Care for Clients Who Rely Upon Others to..., 22 CA ADC § 80077.2
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80077.2
§ 80077.2. Care for Clients Who Rely Upon Others to Perform All Activities of Daily Living.
(a) A licensee of an adult CCF may accept or retain a client who relies upon others to perform all activities of daily
living for them.
(b) Prior to accepting a client into care, the licensee shall complete the following:
(1) An approved plan of operation demonstrating the licensee's ability to care for these clients as specified in Section
80022(e).
(2) A Needs and Services Plan, as required by the facility-specific regulations, that includes all of the following:
(A) A plan to monitor the client's skin condition, including:
1. Specific guidelines for turning the client, (time, method, acceptable positions).
2. Skin breakdown.
3. Objective symptoms, observable by a lay person, indicating when a licensed professional must be
contacted.
(B) A method for feeding the client and providing him/her with hydration.
(C) A method for determining the client's needs.
(D) A method for communicating with the client.
(E) A list of emergency contacts and a list of readily observable conditions that indicate when emergency intervention
is necessary.
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1
§ 80077.2. Care for Clients Who Rely Upon Others to..., 22 CA ADC § 80077.2
(F) A list of persons to contact in the event of non-emergency client distress or discomfort and a list of readily
observable conditions that indicate when the licensee is to contact those persons.
(G) A description of the client-specific training that facility staff will receive.
1. The training must be provided by the client's health care provider (physician or nurse) the client's physical
or mental health therapist, social worker, and placement worker, within their individual scopes of practice.
2. The training must include the client's needs and objective symptoms that indicate when the licensee is
to obtain health care or other type of assistance.
(H) In an ARF, an agreement, signed by the placement agency, or authorized representative, to review the client's
care at least once a month. A copy of the agreement shall be maintained in the client's file.
(I) The licensee's agreement to document significant occurrences that result in changes in the client's physical, mental,
and/or functional capabilities. This documentation must be retained in the client's record in the facility and be readily
available for review by the client's health care providers and the Department.
(c) The Department may require any additional information it considers necessary to ensure the safety of clients.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1507 and 1530, Health and
Safety Code
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
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2
§ 80077.2. Care for Clients Who Rely Upon Others to..., 22 CA ADC § 80077.2
7. Certificate of Compliance as to 3-23-98 order, including further amendment of section, transmitted to OAL 7-21-98
and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
8. Amendment of subsections (b)(2)(G)1.-(b)(2)(H) and repealer of subsection (d) filed 8-9-2002; operative 9-8-2002
(Register 2002, No. 32).
9. Repealer of subsection (b)(3)(G)3. filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).
10. Change without regulatory effect amending subsection (b)(2)(H) filed 1-5-2016 pursuant to section 100, title 1,
California Code of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80077.2, 22 CA ADC § 80077.2
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 80077.3. Care for Clients Who Lack Hazard Awareness or..., 22 CA ADC § 80077.3
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80077.3
§ 80077.3. Care for Clients Who Lack Hazard Awareness or Impulse Control.
(a) If a client requires protective supervision because of running/wandering away, supervision may be enhanced by
fencing yards, using self-closing latches and gates, and installing operational bells, buzzers, or other auditory devices on
exterior doors to alert staff when the door is opened. The fencing and devices must not substitute for appropriate staffing.
(1) The licensee may use wrist bands and other client egress-alert devices with the prior written approval of the
client or authorized representative, if the client is legally incapable of giving consent, provided that the devices do
not violate Section 80072.
(2) The licensee of an ARF, GH, SFH, FFH, or CFH may use a delayed-egress device if the client lacks hazard
awareness or impulse control and only as specified in Health and Safety Code Section 1531.1.
(3) The following initial and continuing requirements must be met for the licensee to utilize delayed egress devices
on exterior doors or perimeter fence gates:
(A) The licensee shall notify the Department immediately after determining the date that the device will be installed.
(B) The licensee shall ensure that the fire clearance includes approval of delayed egress devices.
(C) Following the disaster and mass casualty plan specified in Section 80023, fire and earthquake drills shall be
conducted at least once every three months on each shift and shall include, at a minimum, all facility staff who
provide or supervise client care and supervision.
(D) Without violating Section 80072(a)(6), facility staff shall attempt to redirect a client who lacks hazard awareness
or impulse control and who attempts to leave the facility.
(E) Clients who continue to indicate a desire to leave the facility following an egress delay shall be permitted to do so.
(F) Without violating Section 80072(a)(6), facility staff shall ensure the continued safety of clients when they leave
the facility.
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1
§ 80077.3. Care for Clients Who Lack Hazard Awareness or..., 22 CA ADC § 80077.3
(G) The licensee shall report to the Department, to the client's responsible representative, if any, and to any family
member who has requested notification, each incident in which a client leaves the facility unassisted. The report
shall be made by telephone no later than the next working day and in writing within seven calendar days.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1507, 1530, 1531 and 1531.1,
Health and Safety Code.
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including further amendment of subsection (a), new subsection (a)(1),
subsection renumbering and amendment of newly designated subsection (a)(2), transmitted to OAL 7-21-98 and filed
9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
8. Amendment of subsection (a)(2) and new subsections (a)(3)-(a)(3)(G) filed 8-9-2002; operative 9-8-2002 (Register
2002, No. 32).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80077.3, 22 CA ADC § 80077.3
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80077.4. Care for Clients with Incontinence., 22 CA ADC § 80077.4
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80077.4
§ 80077.4. Care for Clients with Incontinence.
(a) A licensee of an adult CCF may accept or retain a client who has bowel and/or bladder incontinence.
(b) If a licensee accepts or retains a client who has bowel and/or bladder incontinence, the licensee is responsible for all
of the following:
(1) Ensuring that incontinent care products appropriate to the needs of the client are used whenever they are needed.
(2) Ensuring that clients who can benefit from scheduled toileting are assisted or reminded to go to the bathroom
at regular intervals rather than being diapered.
(3) Assisting the client with self-care.
(4) Ensuring that clients with incontinence are kept clean and dry, and that the facility remains free of odors.
(5) Ensuring that, where prescribed, bowel and/or bladder programs are designed by a licensed professional or
designee. The person designing the program must have training and experience in care of persons with bowel and/
or bladder dysfunction and development of retraining programs for establishing normal patterns of continence.
(A) The licensee shall ensure that clients are assisted with a structured bowel and/or bladder retraining program if
one has been designed for the client.
(B) The licensee shall ensure that facility staff responsible for implementing the program receive training from the
licensed professional or designee who designed the program.
(C) The licensee obtains from the licensed professional or designee written instructions to facility staff outlining the
procedures and shall document the names of facility staff who received the training.
(D) The licensee shall ensure that the licensed professional or designee evaluates the effectiveness of the program
and staff as the licensed professional or designee deems appropriate, but at least annually.
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1
§ 80077.4. Care for Clients with Incontinence., 22 CA ADC § 80077.4
(6) Ensuring that the condition of the skin exposed to urine and stool is evaluated regularly to ensure that skin
breakdown is not occurring.
(7) Ensuring privacy when care is provided.
(8) Providing needed incontinence supplies when the client or a third party is unable to do so.
(9) Ensuring that fluids are not withheld to control incontinence.
(10) Ensuring that a client with incontinence is not catheterized to control incontinence for the convenience of the
licensee or facility staff.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507 and 1530, Health
and Safety Code.
HISTORY
1. Renumbering and amendment of former section 80092.7 to new section 80077.4 filed 9-1-98; operative 10-1-98
(Register 98, No. 36).
2. Amendment of subsection (b)(5) filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80077.4, 22 CA ADC § 80077.4
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80077.5. Care for Clients with Contractures., 22 CA ADC § 80077.5
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80077.5
§ 80077.5. Care for Clients with Contractures.
(a) A licensee of an adult CCF may accept or retain a client who has contractures.
(b) If a licensee accepts or retains a client who has contractures, the licensee is responsible for all of the following:
(1) Monitoring the client's ongoing ability to care for his/her contractures in accordance with the physician's
instructions.
(2) Ensuring that care is provided by a licensed professional or trained facility staff when the client is unable to
provide self-care.
(A) The licensee shall ensure that facility staff responsible for assisting with range of motion exercises or other
exercise(s) prescribed by the physician or therapist receive supervision and training from a licensed professional.
(B) The licensee obtains from the licensed professional written documentation outlining the procedures for the
exercises and the names of facility staff who received the training.
(C) The licensee shall ensure that the licensed professional reviews staff performance as the licensed professional
deems necessary, but at least once a year.
(c) In addition to Section 80077.5(b), in an ARF, the licensee shall ensure that there is a plan of care for the contractures
that is developed by a licensed professional.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507 and 1530, Health
and Safety Code.
HISTORY
1. Renumbering and amendment of former section 80092.8 to new section 80077.5 filed 9-1-98; operative 10-1-98
(Register 98, No. 36).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80077.5. Care for Clients with Contractures., 22 CA ADC § 80077.5
2. Change without regulatory effect amending subsection (c) filed 1-5-2016 pursuant to section 100, title 1, California
Code of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80077.5, 22 CA ADC § 80077.5
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80078. Responsibility for Providing Care and Supervision., 22 CA ADC § 80078
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80078
§ 80078. Responsibility for Providing Care and Supervision.
(a) The licensee shall provide care and supervision as necessary to meet the client's need.
(b) In any instance where the Department does not suspend the facility license and the licensing agency requires that a
client/resident be relocated, as specified in Section 80094, the licensee shall prepare a written relocation plan. The plan
shall contain all necessary steps to be taken to reduce stress to the client/resident which may result in transfer trauma.
(1) The written relocation plan shall include, but not be limited to the following:
(A) A specific date for beginning and a specific date for completion of the process of safely relocating the client/
resident. The time frame for relocation may provide for immediate relocation but shall not exceed 30 days or 30
days after the date of the written conclusuion of the client's appeal of the relocation order, if appealed.
(B) A specific date when the client/resident and the client's/resident's authorized representative, if any, shall be
notified of the need for relocation.
(C) A specific date when consultation with the client's/resident's physician shall occur to obtain a current medical
assessment of the client's/resident's health needs, to determine the appropriate facility type for relocation and to
ensure that the client's/resident' health care needs continue to be met at all times during the relocation process.
(D) The method by which the licensee shall participate in the identification of an acceptable relocation site with
the client/resident and the authorized representative if any. The licensee shall advise the client/resi-dent and/or the
authorized representative that if the client/resident is to be moved to another nonmedical community care facility, a
determination must be made that the client's/resident's needs can be legally met in the new facility before the move
is made. If the client's/resident's needs cannot be legally met in the new facility, the client/resident must be moved
to a facility licensed to provide the necessary care.(E) A list of contacts made or to be made by the licensee with
community resources, including but not limited to, social workers, family members, Long Term Care Ombudsman,
clergy and others as appropriate to ensure that services are provided to the client/resident before, during and after
the move. The need for the move shall be discussed with the client/resident and the client/resident assured that
support systems will remain in place.
(F) Measures to be taken until relocation to protect the client/resident and/or meet the client's/resident's health and safety
needs.
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1
§ 80078. Responsibility for Providing Care and Supervision., 22 CA ADC § 80078
(G) An agreement to notify the licensing agency when the relocation has occurred, including the client's/resident's new
address, if known.
(2) The relocation plan shall be submitted in writing to the licensing agency within the time set forth in the written
notice by the licensing agency that the client/resident requires health services that the facility cannot legally provide.
(3) Any changes in the relocation plan shall be submitted in writing to the licensing agency. The licensing agency
shall have the authority to approve, disapprove or modify the plan.
(4) If relocation of more than one (1) client/resident is required, a separate plan shall be prepared and submitted
in writing for each client/resident.
(5) The licensee shall comply with all terms and conditions of the approved plan. No written or oral contract with
any other person shall release the licensee from the responsibility specified in sections 80078(b) and (c) for relocating
a client/resident who has a health condition(s) which cannot be cared for in the facility and/or requires inpatient
care in a licensed health facility, nor from taking necessary actions to reduce stress to the client/resident.
(6) In cases where the licensing agency determines that the resident is in imminent danger because of a health
condition(s) which cannot be cared for in the facility or which requires inpatient care in a licensed health facility,
the licensing agency shall have the authority to order the licensee to immediately relocate the resident.
(c) In all cases when a client or resident must be relocated, the licensee shall not obstruct the relocation process and shall
cooperate with the licensing agency in the relocation in process. Such cooperation shall include, but not be limited to,
the following activities:
(1) Identifying and preparing for removal of the medications, Medi-Cal or Medicare or other medical insurance
documents, clothing, safeguarded cash resources, valuables and other belongings of the client or resident.
(2) Contacting the authorized representative of the client/resident to assist in transporting him or her, if necessary.
(3) Contacting other suitable facilities for placement, if necessary.
(4) Providing access to client's/resident's files when required by the Department.
Note: Authority Cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1511, 1528, 1531 and 1556,
Health and Safety Code.
HISTORY
1. New subsections (b) and (c) filed 10-26-90; operative 11-25-90 (Register 90, No. 49).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80078. Responsibility for Providing Care and Supervision., 22 CA ADC § 80078
2. Change without regulatory effect amending section filed 12-6-90 pursuant to section 100, title 1, California Code of
Regulations (Register 91, No. 4).
3. Editorial correction of printing error in subsection (b) (Register 91, No. 32).
4. Amendment of subsections (b) and (b)(1)(A) filed 9-1-98; operative 10-1-98 (Register 98, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80078, 22 CA ADC § 80078
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 80079. Activities. (Reserved), 22 CA ADC § 80079
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 6. Continuing Requirements
22 CCR § 80079
§ 80079. Activities. (Reserved)
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80079, 22 CA ADC § 80079
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80086. Alterations to Existing Buildings or New Facilities., 22 CA ADC § 80086
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 7. Physical Environment
22 CCR § 80086
§ 80086. Alterations to Existing Buildings or New Facilities.
(a) Prior to construction or alterations, all licensees shall notify the licensing agency of the proposed change.
(b) The licensing agency shall have the authority to require that the licensee have a building inspection by a local building
inspector if the agency suspects that a hazard to the clients' health and safety exists.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety
Code.
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80086, 22 CA ADC § 80086
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80087. Buildings and Grounds., 22 CA ADC § 80087
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 7. Physical Environment
22 CCR § 80087
§ 80087. Buildings and Grounds.
(a) The facility shall be clean, safe, sanitary and in good repair at all times for the safety and well-being of clients,
employees and visitors.
(1) The licensee shall take measures to keep the facility free of flies and other insects.
(2) The licensee shall provide for the safe disposal of water and other chemicals used for cleaning purposes.
(b) All clients shall be protected against hazards within the facility through provision of the following:
(1) Protective devices including but not limited to nonslip material on rugs.
(c) All outdoor and indoor passageways, stairways, inclines, ramps, open porches and other areas of potential hazard
shall be kept free of obstruction.
(d) General permanent or portable storage space shall be available for the storage of facility equipment and supplies.
(1) Facility equipment and supplies shall be stored in this space and shall not be stored in space used to meet other
requirements specified in this chapter and Chapters 2, and 4 through 7.
(e) All licensees serving children or serving clients who have physical handicaps, mental disorders, or developmental
disabilities shall ensure the inaccessibility of pools, including swimming pools (in-ground and above-ground), fixed-inplace wading pools, hot tubs, spas, fish ponds or similar bodies of water through a pool cover or by surrounding the
pool with a fence.
(1) Fences shall be at least five-feet high and shall be constructed so that the fence does not obscure the pool from
view. The bottom and sides of the fence shall comply with Division 1, Appendix Chapter 4 of the 1994 Uniform
Building Code. In addition to meeting all of the aforementioned requirements for fences, gates shall swing away
from the pool, self-close and have a self-latching device located no more than six inches from the top of the gate.
Pool covers shall be strong enough to completely support the weight of an adult and shall be placed on the pool
and locked while the pool is not in use.
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1
§ 80087. Buildings and Grounds., 22 CA ADC § 80087
(A) If licensed prior to June 1, 1995, facilities with existing pool fencing shall be exempt from the fence requirements
specified in Section 80087(e)(1) until such fence is replaced or structurally altered. If the licensee replaces or alters
the fence, it shall be required to meet the fence requirements specified in Section 80087(e)(1).
(2) Where an above-ground pool structure is used as the fence or where the fence is mounted on top of the pool
structure, the pool shall be made inaccessible when not in use by removing or making the ladder inaccessible or
erecting a barricade to prevent access to decking. If a barricade is used, the barricade shall meet the requirements
of Section 80087(e)(1).
(f) All in-ground pools, and above-ground pools which cannot be emptied after each use shall have an operative pump
and filtering system.
(g) Disinfectants, cleaning solutions, poisons, firearms and other items that could pose a danger if readily available to
clients shall be stored where inaccessible to clients.
(1) Storage areas for poisons, and firearms and other dangerous weapons shall be locked.
(2) In lieu of locked storage of firearms, the licensee may use trigger locks or remove the firing pin.
(A) Firing pins shall be stored and locked separately from firearms.
(3) Ammunition shall be stored and locked separately from firearms.
(h) Medicines shall be stored as specified in Section 80075(m) and (n) and separately from other items specified in Section
80087(g) above.
(i) The items specified in Section 80087(g) above shall not be stored in food storage areas or in storage areas used by
or for clients.
(j) A licensee of a Group Home or Adult Residential Facility that has been approved to utilize secured perimeters shall
comply with Health and Safety Code section 1531.15(i) and California Code of Regulations, Title 17, Division 2, Chapter
3, Subchapter 4, Article 12, Section 56071(c):
Note: Authority cited: Sections 1530 and 1531.15, Health and Safety Code. Reference: Sections 1501, 1531 and 1531.15,
Health and Safety Code.
HISTORY
1. New subsections (h)-(j) filed 5-21-85; effective thirtieth day thereafter (Register 85, No. 21).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80087. Buildings and Grounds., 22 CA ADC § 80087
2. Amendment of subsections (f)-(f)(2) filed 8-14-96; operative 9-13-96 (Register 96, No. 33).
3. Amendment of subsections (d), (h) and (i) filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
4. Repealer of subsection (d), subsection relettering and amendment of newly designated subsections (e)(1)(A), (e)(2),
(h) and (i) filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).
5. New subsection (j) and amendment of Note filed 2-9-2017 as an emergency; operative 2-9-2017 (Register 2017, No.
6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be repealed by
operation of law on the following day.
6. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No.
37).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80087, 22 CA ADC § 80087
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 80088. Fixtures, Furniture, Equipment and Supplies., 22 CA ADC § 80088
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 7. Physical Environment
22 CCR § 80088
§ 80088. Fixtures, Furniture, Equipment and Supplies.
(a) A comfortable temperature for clients shall be maintained at all areas.
(1) The licensee shall maintain the temperature in rooms that clients occupy between a minimum of 68 degrees F
(20 degrees C) and a maximum of 85 degrees F (30 degrees C).
(A) In areas of extreme heat the maximum shall be 30 degrees F (16.6 degrees C) less than the outside temperature.
(2) Nothing in this section shall prohibit clients from adjusting individual thermostatic controls.
(b) All window screens shall be in good repair and be free of insects, dirt and other debris.
(c) Fireplaces and open-faced heaters shall be inaccessible to clients to ensure protection of the clients' safety.
(d) The licensee shall provide lamps or lights as necessary in all rooms and other areas to ensure the comfort and safety
of all persons in the facility.
(e) Faucets used by clients for personal care such as shaving and grooming shall deliver hot water.
(1) Hot water temperature controls shall be maintained to automatically regulate temperature of hot water delivered
to plumbing fixtures used by clients to attain a hot water temperature of not less than 105 degrees F (40.5 degrees
C) and not more than 120 degrees F (48.8 degrees C).
(2) Taps delivering water at 125 degrees F (51.6 degrees C) or above shall be prominently identified by warning signs.
(3) All toilets, handwashing and bathing facilities shall be maintained in safe and sanitary operating condition.
Additional equipment, aids, and/or conveniences shall be provided in facilities accommodating physically
handicapped clients who need such items.
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1
§ 80088. Fixtures, Furniture, Equipment and Supplies., 22 CA ADC § 80088
(f) Solid waste shall be stored, located and disposed of in a manner that will not transmit communicable diseases or
odors, create a nuisance, or provide a breeding place or food source for insects or rodents.
(1) All containers, including movable bins, used for storage of solid wastes shall have tight-fitting covers kept on
the containers; shall be in good repair, shall be leakproof and rodent-proof.
(2) Solid waste containers, including movable bins, receiving putrescible waste shall be emptied at least once per
week or more often if necessary to comply with (f) above.
(3) Each movable bin shall provide for suitable access and a drainage device to allow complete cleaning at the
storage area.
(g) The licensee shall provide linens of various kinds necessary to meet the program of services being offered by the
facility and the requirements specified in Chapters 2 through 7.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety
Code.
HISTORY
1. Amendment of subsection (a) filed 6-15-87; operative 7-15-87 (Register 87, No. 25).
2. Change without regulatory effect amending subsection (f)(2) filed 1-5-2016 pursuant to section 100, title 1, California
Code of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80088, 22 CA ADC § 80088
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80090. Health and Safety Services., 22 CA ADC § 80090
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 8. Incidental Medical Services
22 CCR § 80090
§ 80090. Health and Safety Services.
(a) The provisions of this article are applicable to adult CCFs.
(b) Waivers or exceptions will not be granted to accept or retain clients who have health conditions prohibited by Section
80091.
(c) The Department may grant an exception allowing acceptance or retention of a client who has a medical or health
condition not listed in Section 80092 if all of the following requirements are met:
(1) Either the condition is chronic and stable or it is temporary in nature and is expected to return to a condition
normal for that client.
(2) The client must be under the medical care of a licensed professional.
(3) The licensee has developed a plan of care for the client as specified in Sections 80068.2 and 80092.2.
(4) The client is able to care for all aspects of the condition for himself/herself or assistance in the care of the condition
is provided either by an appropriately skilled and licensed professional or by facility staff who receive supervision
and training from a licensed professional.
(A) Training shall include hands-on instruction in both general procedures and client-specific procedures.
(B) The licensee obtains from the licensed professional written documentation outlining the procedures and the
names of facility staff who received the training.
(C) The licensee ensures that the licensed professional reviews staff performance as the licensed professional deems
necessary, but at least once a year.
(5) The licensee agrees in writing to comply with all aspects of the client's care plans.
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1
§ 80090. Health and Safety Services., 22 CA ADC § 80090
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1507 and 1530, Health and
Safety Code.
HISTORY
1. New article 8 (sections 80090-80095) and section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5).
A Certificate of Compliance must be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation
of law on the following day.
2. New article 8 (sections 80090-80095) and section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No.
21). A Certificate of Compliance must be transmitted to OAL by 9-29-97 or emergency language will be repealed by
operation of law on the following day.
3. New article 8 (sections 80090-80095) and section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No.
40). A Certificate of Compliance must be transmitted to OAL by 1-27-98 or emergency language will be repealed by
operation of law on the following day.
4. New article 8 (sections 80090-80095) and section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No.
5). A Certificate of Compliance must be transmitted to OAL by 5-27-98 or emergency language will be repealed by
operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New article 8 (sections 80090-80095) and section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No.
13). A Certificate of Compliance must be transmitted to OAL by 7-21-98 or emergency language will be repealed by
operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including further amendment of section, transmitted to OAL 7-21-98
and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
8. Amendment of article 8 heading and amendment of subsections (a) and (c) filed 8-9-2002; operative 9-8-2002 (Register
2002, No. 32).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80090, 22 CA ADC § 80090
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80091. Prohibited Health Conditions., 22 CA ADC § 80091
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 8. Incidental Medical Services
22 CCR § 80091
§ 80091. Prohibited Health Conditions.
(a) In adult CCFs clients who require health services or have a health condition including, but not limited to, those
specified below shall not be admitted or retained.
(1) Naso-gastric and naso-duodenal tubes.
(2) Active, communicable TB.
(3) Conditions that require 24-hour nursing care and/or monitoring.
(4) Stage 3 and 4 dermal ulcers.
(5) Any other condition or care requirements which would require the facility to be licensed as a health facility as
defined by Sections 1202 and 1250 of the Health and Safety Code.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507, 1530, 1531 and
1557.5, Health and Safety Code.
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80091. Prohibited Health Conditions., 22 CA ADC § 80091
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including further amendment of section, transmitted to OAL 7-21-98
and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80091, 22 CA ADC § 80091
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80092. Restricted Health Conditions., 22 CA ADC § 80092
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 8. Incidental Medical Services
22 CCR § 80092
§ 80092. Restricted Health Conditions.
(a) Adult CCFs may accept or retain clients who have the conditions listed in this section only if all requirements of
Article 8 are met.
(b) Care for the following health conditions must be provided only as specified in Sections 80092.1 through 80092.11.
(1) Use of inhalation-assistive devices as specified in Section 80092.3.
(2) Colostomy/ileostomies as specified in Section 80092.4.
(3) Requirement for fecal impaction removal, enemas, or suppositories only as specified in Section 80092.5.
(4) Use of catheters only as specified in Section 80092.6.
(5) Staph or other serious, communicable infections as specified in Section 80092.7.
(6) Insulin-dependent Diabetes as specified in Section 80092.8.
(7) Stage 1 and 2 dermal ulcers as specified in Section 80092.9.
(8) Wounds as specified in Section 80092.9.
(9) Gastrostomies as specified in Section 80092.10.
(10) Tracheostomies as specified in Section 80092.11.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507 and 1530, Health
and Safety Code.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80092. Restricted Health Conditions., 22 CA ADC § 80092
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including further amendment of section, transmitted to OAL 7-21-98
and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80092, 22 CA ADC § 80092
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80092.1. General Requirements for Restricted Health Conditions., 22 CA ADC § 80092.1
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 8. Incidental Medical Services
22 CCR § 80092.1
§ 80092.1. General Requirements for Restricted Health Conditions.
(a) A client with a restricted health condition specified in Section 80092 may be admitted or retained in an adult CCF
if all requirements in Sections 80092.1(b) through (o) are met.
(b) The licensee is willing to provide the needed care.
(c) Care is provided as specified in this article.
(d) Either the client's medical condition is chronic and stable, or is temporary in nature and is expected to return to a
condition normal for that client, and
(e) The client must be under the medical care of a licensed professional.
(f) Prior to admission of a client with a restricted health condition specified in Section 80092, the licensee shall:
(1) Communicate with all other persons who provide care to that client to ensure consistency of care for the medical
condition.
(2) Ensure that facility staff who will participate in meeting the client's specialized care needs complete training
provided by a licensed professional sufficient to meet those needs.
(A) Training shall include hands-on instruction in both general procedures and client-specific procedures.
(g) All new facility staff who will participate in meeting the client's specialized care needs shall complete the training
prior to providing services to the client.
(h) The licensee shall ensure that facility staff receive instruction from the client's physician or other licensed professional
to recognize objective symptoms observable by a lay person, and how to respond to that client's health problems,
including who to contact.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80092.1. General Requirements for Restricted Health Conditions., 22 CA ADC § 80092.1
(i) The licensee shall monitor the client's ability to provide self-care for the restricted health condition, document any
change in that ability, and inform the persons identified in Section 80092.2(a)(1) of that change.
(j) Should the condition of the client change, all staff providing care and services shall complete any additional training
required to meet the client's new needs, as determined by the client's physician or a licensed professional designated by
the physician.
(k) If the licensed health professional delegates routine care, the following requirements must be met for health conditions
specified in Sections 80092.3, 80092.4 and 80092.6 through 80092.11:
(1) The licensee shall obtain written documentation from the licensed professional outlining the procedures and the
names of the facility staff who have been trained in those procedures.
(2) The licensee ensures that the licensed professional reviews staff performance as often as necessary, but at least
annually.
(l) All training shall be documented in the facility personnel files.
(m) The licensee of an ARF shall develop and maintain, as part of the Needs and Services Plan, a Restricted Health
Condition Care Plan as specified in Section 80092.2.
(1) The care plan shall neither require nor recommend that the licensee or any facility personnel or any other person
providing care, other than a physician or licensed professional, implement any health care procedure that may
legally be provided only by a physician or licensed professional.
(n) The licensee shall ensure that the client's health-related service needs are met and shall follow the approved plan for
each client.
(o) The licensee shall document any significant occurrences that result in changes in the client's physical, mental and/or
functional capabilities and report these changes to the client's physician and authorized representative.
(p) The licensee shall demonstrate compliance with the restricted health condition care plan by maintaining in the facility
all relevant documentation.
(q) The licensee shall report any substantive deviation from the care plan to the client's authorized representative.
(r) The duty established by this section does not infringe on a client's right to receive or reject medical care or services,
as allowed in Section 80072.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80092.1. General Requirements for Restricted Health Conditions., 22 CA ADC § 80092.1
(1) If a client refuses medical services specified in the care plan, the licensee shall immediately notify all persons
identified in Section 80092.2(a)(1) and shall participate in developing a plan for meeting the client's needs.
(2) If unable to meet the client's needs, the licensee shall issue an eviction notice as specified in Section 80068.5.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507 and 1530, Health
and Safety Code.
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including further amendment of section, transmitted to OAL 7-21-98
and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
8. Amendment filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
9. Change without regulatory effect amending subsection (m) filed 1-5-2016 pursuant to section 100, title 1, California
Code of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80092.1, 22 CA ADC § 80092.1
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 80092.2. Restricted Health Condition Care Plan., 22 CA ADC § 80092.2
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 8. Incidental Medical Services
22 CCR § 80092.2
§ 80092.2. Restricted Health Condition Care Plan.
(a) If the licensee of an ARF chooses to care for a client with a restricted health condition, as specified in Section 80092,
the licensee shall develop and maintain, as part of the Needs and Services Plan, a written Restricted Health Condition
Care Plan. The plan must include all of the following:
(1) Documentation that the client and the client's authorized representative, if any, the client's physician or a licensed
professional designated by the physician, and the placement agency, if any, participated in the development of the
plan.
(2) Documentation by the client's physician or a licensed professional designated by the physician, of the following:
(A) Stability of the medical conditions.
(B) Medical conditions that require services or procedures.
(C) Specific services needed.
(D) Client's ability to perform the procedures.
(E) The client does not require 24-hour nursing care and/or monitoring.
(3) Identification of a licensed professional who will perform procedures if the client needs medical assistance.
(4) Identification of the person who will perform incidental medical assistance that does not require a licensed
professional.
(5) Name and telephone number of emergency medical contacts.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80092.2. Restricted Health Condition Care Plan., 22 CA ADC § 80092.2
(6) A date specified by the client's physician or designee, who is also a licensed professional, when the plan must be
reviewed by all parties identified in Section 80092.2(a)(1).
(7) A signed statement from the client's attending physician that the plan meets medical scope of practice
requirements.
(8) For clients of a placement agency, a signed statement from a representative of the placement agency, that they
have reviewed and approved the plan and that the placement agency will monitor implementation of the plan.
(b) The Restricted Health Condition Care Plan shall neither require nor recommend that the licensee or any facility
personnel or any other person providing care, other than a physician or licensed professional, implement any health care
procedure that may legally be provided only by a physician or licensed professional.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507 and 1530, Health
and Safety Code.
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including repealer of section and renumbering and amendment
of heading and section of former section 80069.1 to section 80092.2, transmitted to OAL 7-21-98 and filed 9-1-98;
amendments operative per agency request 10-1-98 (Register 98, No. 36).
8. Amendment of subsections (a)-(a)(2) filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
9. Amendment of subsection (a) filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).
10. Change without regulatory effect amending subsection (a) filed 1-5-2016 pursuant to section 100, title 1, California
Code of Regulations (Register 2016, No. 2).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80092.2. Restricted Health Condition Care Plan., 22 CA ADC § 80092.2
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80092.2, 22 CA ADC § 80092.2
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 80092.3. Inhalation-Assistive Devices., 22 CA ADC § 80092.3
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 8. Incidental Medical Services
22 CCR § 80092.3
§ 80092.3. Inhalation-Assistive Devices.
(a) A licensee of an adult CCF may accept or retain a client who requires the use of an inhalation-assistive device if all
of the following conditions are met:
(1) The licensee is in compliance with Section 80092.1.
(2) The licensee monitors the client's ongoing ability to operate and care for the device in accordance with the
physician's instructions.
(3) The licensee ensures that either:
(A) The device is operated and cared for by a licensed professional when the client is unable to operate the device,
or determine his/her own need.
(B) The device can legally be operated by an unlicensed person and is cared for by facility staff who receive training
from a licensed professional as specified in Sections 80092.1(k) through (k)(2).
(4) The licensee ensures that:
(A) The device is functional.
(B) The device is removed from the facility when no longer prescribed for use by the client.
(5) The licensee ensures that the room containing the device is large enough both to accommodate it and to allow
easy passage of clients and staff.
(6) The licensee ensures that facility staff have the knowledge of and ability to care for the device.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80092.3. Inhalation-Assistive Devices., 22 CA ADC § 80092.3
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507 and 1530, Health
and Safety Code.
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including further amendment of section heading and section, transmitted
to OAL 7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
8. Amendment of subsection (a)(3)(B) and repealer of subsections (a)(3)(B)1.-2. filed 8-9-2002; operative 9-8-2002
(Register 2002, No. 32).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80092.3, 22 CA ADC § 80092.3
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80092.4. Colostomy/Ileostomy., 22 CA ADC § 80092.4
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 8. Incidental Medical Services
22 CCR § 80092.4
§ 80092.4. Colostomy/Ileostomy.
(a) A licensee of an adult CCF may accept or retain a client who has a colostomy or ileostomy if all of the following
conditions are met:
(1) The client is mentally and physically capable of providing all routine care for his/her ostomy, and the physician
has documented that the ostomy is completely healed.
(2) A licensed professional provides assistance in the care of the ostomy.
(3) The licensee is in compliance with Section 80092.1.
(4) The licensee monitors the client's ongoing ability to provide care for his/her ostomy in accordance with the
physician's instructions.
(5) The licensee ensures that:
(A) A licensed professional provides ostomy care when the client is unable to provide self-care.
(B) The ostomy bag and adhesive may be changed by facility staff who receive training from the licensed professional
as specified in Sections 80092.1(k) through (k)(2).
(6) The licensee ensures that used bags are discarded as specified in Section 80088(f)(2).
(7) The licensee ensures privacy when ostomy care is provided.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507 and 1530, Health
and Safety Code.
HISTORY
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80092.4. Colostomy/Ileostomy., 22 CA ADC § 80092.4
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including further amendment of section, transmitted to OAL 7-21-98
and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
8. Amendment of subsection (a)(2) and (a)(5)(A)-(B) and repealer of subsections (a)(5)(B)1.-2. filed 8-9-2002; operative
9-8-2002 (Register 2002, No. 32).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80092.4, 22 CA ADC § 80092.4
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80092.5. Fecal Impaction Removal, Enemas, or Suppositories., 22 CA ADC § 80092.5
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 8. Incidental Medical Services
22 CCR § 80092.5
§ 80092.5. Fecal Impaction Removal, Enemas, or Suppositories.
(a) A licensee of an adult CCF may accept or retain a client who requires manual fecal impaction removal, enemas, or
use of suppositories if all of the following conditions are met:
(1) The licensee is in compliance with Section 80092.1.
(2) The licensee monitors the client's ongoing ability to provide his/her own routine care in accordance with the
physician's instructions.
(3) The license ensures that a licensed professional administers the fecal impaction removal, enemas, or suppositories
when the client is unable to do so for himself/herself.
(4) The licensee ensures that a licensed professional performs manual fecal impaction removal whenever it is
necessary.
(5) The licensee ensures privacy when care is being provided.
Note: Authority cited: Section 1530, Health and Safety Code. References: Sections 1501, 1502, 1507 and 1530, Health
and Safety Code.
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80092.5. Fecal Impaction Removal, Enemas, or Suppositories., 22 CA ADC § 80092.5
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including further amendment of section heading and section, transmitted
to OAL 7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80092.5, 22 CA ADC § 80092.5
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80092.6. Indwelling Urinary Catheter/Catheter Procedure., 22 CA ADC § 80092.6
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 8. Incidental Medical Services
22 CCR § 80092.6
§ 80092.6. Indwelling Urinary Catheter/Catheter Procedure.
(a) A licensee of an adult CCF may accept or retain a client who requires an indwelling catheter if all of the following
conditions are met:
(1) The client is physically and mentally capable of caring for all aspects of the condition except insertion, removal
and irrigation.
(A) Irrigation shall only be performed by a licensed professional in accordance with the physician's orders.
(B) Insertion and removal shall only be performed by a licensed professional.
(2) The licensee is in compliance with Section 80092.1.
(3) The licensee monitors the client's ongoing ability to care for his/her catheter in accordance with the physician's
instructions.
(4) The licensee ensures that either catheter care is provided by a licensed professional when the client is unable
to provide self-care, or the catheter bag and tubing are changed and bags are emptied by facility staff who receive
training from the licensed professional as specified in Sections 80092.1(k) through (k)(2).
(5) The licensee ensures that insertion, removal and irrigation of the catheter, or any other required catheter care
other than that specified in Section 80092.6(a)(4) are performed by a licensed professional.
(6) The licensee ensures that waste materials are disposed of as specified in Section 80088(f)(2).
(7) The licensee ensures privacy when care is provided.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507 and 1530, Health
and Safety Code.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80092.6. Indwelling Urinary Catheter/Catheter Procedure., 22 CA ADC § 80092.6
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including further amendment of section, transmitted to OAL 7-21-98
and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
8. Amendment of subsection (a)(4), repealer of subsection (a)(4)(A)-(B) and amendment of subsection (a)(5) filed
8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80092.6, 22 CA ADC § 80092.6
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80092.7. Staph or Other Serious, Communicable Infections., 22 CA ADC § 80092.7
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 8. Incidental Medical Services
22 CCR § 80092.7
§ 80092.7. Staph or Other Serious, Communicable Infections.
(a) A licensee of an adult CCF may accept or retain a client who has a staph or other serious communicable infection
if all of the following conditions are met:
(1) The licensee is in compliance with Section 80092.1.
(2) The licensee has obtained a statement from the client's physician that the infection is not a risk to other clients.
(3) The licensee monitors the client's ongoing ability to care for his/her own condition by complying with the
instructions of the licensed professional who is managing the client's care.
(A) The licensed professional may delegate certain aspects of the care providing the facility staff responsible for
providing the care receive training from a licensed professional as specified in Sections 80092.1(k) through (k)(2)
prior to providing care.
(4) The licensee ensures that a licensed professional assesses the infection and evaluates the treatment at intervals
set by the physician or a licensed professional designated by the physician.
(5) The licensee ensures that prior to providing care, staff are trained in and follow Universal Precautions and any
other procedures recommended by the licensed professional for protection of the client who has the infection, other
clients and staff.
(6) The licensee ensures that all aspects of care performed in the facility by the licensed professional and facility
staff are documented in the client's file.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507 and 1530, Health
and Safety Code.
HISTORY
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80092.7. Staph or Other Serious, Communicable Infections., 22 CA ADC § 80092.7
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including renumbering of former section 80092.7 to section 80077.4 and
new section 80092.7, transmitted to OAL 7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98
(Register 98, No. 36).
8. Amendment filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80092.7, 22 CA ADC § 80092.7
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80092.8. Diabetes., 22 CA ADC § 80092.8
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 8. Incidental Medical Services
22 CCR § 80092.8
§ 80092.8. Diabetes.
(a) A licensee of an adult CCF may accept or retain a client who has diabetes if all of the following conditions are met:
(1) The licensee is in compliance with Section 80092.1.
(2) The client is mentally and physically capable of administering his/her own medication and performing his/her
own glucose testing if applicable, or a licensed professional administers the tests and injections.
(A) The licensed professional may delegate to trained facility staff glucose testing provided all of the following
conditions are met:
1. The blood glucose-monitoring test is performed with a blood glucose-monitoring instrument that has
been approved by the federal Food and Drug Administration for over-the-counter sale.
2. The licensee ensures that facility staff responsible for glucose testing receive training from a licensed
professional as specified in Sections 80092.1(k) through (k)(2).
3. Facility staff comply with the instructions of the licensed professional regarding the performance of the
test and the operation of the blood glucose-monitoring instrument.
4. Facility staff immediately notify the client's physician if the results are not within the normal range for
the client.
5. The licensee ensures that the results of each blood glucose test performed by facility staff are documented
and maintained in the client's record in the facility.
(3) The licensee ensures that sufficient amounts of medicines, testing equipment, syringes, needles, and other supplies
are maintained and stored in the facility.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80092.8. Diabetes., 22 CA ADC § 80092.8
(4) The licensee ensures that injections are administered immediately after a syringe is filled unless the client is using
prefilled syringes prepared by a registered nurse, pharmacist, or drug manufacturer.
(5) The licensee ensures that syringes and needles are disposed of in accordance with California Code of Regulations,
Title 8, Section 5193.
(6) The licensee provides a modified diet as prescribed by a client's physician, as specified in Section 80076(a)(6).
Any substitutions shall be made by the facility dietitian or in consultation with a registered dietician or the client's
physician or medical provider.
(7) The licensee ensures that all facility staff who provide care receive training in recognizing the signs and symptoms
of hyperglycemia and hypoglycemia and in taking appropriate action for client safety.
(b) For clients who provide self-care, the licensee shall:
(1) Monitor the client's ongoing ability to preform his/her glucose testing and administer his/her medication in
accordance with the physician's instructions.
(2) Assist clients with self-administered medication, as specified in Section 80075.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507 and 1531, Health
and Safety Code.
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80092.8. Diabetes., 22 CA ADC § 80092.8
7. Certificate of Compliance as to 3-23-98 order, including renumbering of former section 80092.8 to section 80077.5
and renumbering and amendment of heading and section of former section 80092.9 to section 80092.8, transmitted to
OAL 7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
8. Amendment of subsections (a)(2)(A)1.-2., repealer of subsections (a)(2)(A)3.-4., subsection renumbering and
amendment of newly designated subsection (a)(2)(A)3. filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
9. Amendment of section heading and subsections (a) and (a)(2), repealer of subsection (a)(6)(A) and amendment of
Note filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80092.8, 22 CA ADC § 80092.8
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 80092.9. Wounds., 22 CA ADC § 80092.9
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 8. Incidental Medical Services
22 CCR § 80092.9
§ 80092.9. Wounds.
(a) A licensee of an adult CCF may accept or retain a client who has a serious wound if all of the following conditions
are met:
(1) The licensee is in compliance with Section 80092.1.
(2) The wound is either an unhealed, surgically closed incision or wound, or determined by the physician or a
licensed professional designated by the physician to be a Stage 1 or 2 dermal ulcer and is expected by the physician
or designated professional to completely heal.
(3) The licensee ensures that a licensed professional in accordance with the physician's instructions provides the
wound care.
(A) The licensed professional may delegate simple dressing to facility staff who receive training from a licensed
professional as specified in Sections 80092.1(k) through (k)(2).
(4) The licensee ensures that a licensed professional assesses the wound at intervals set by the physician, or a licensed
professional designated by the physician, to evaluate treatment and progress toward healing.
(5) The licensee ensures that all aspects of care performed by the licensed professional facility staff are documented
in the client's file.
(b) Non-serious wounds, which include but are not limited to minor cuts, punctures, lacerations, abrasions, and firstdegree burns are not affected by this section.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507 and 1530, Health
and Safety Code.
HISTORY
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80092.9. Wounds., 22 CA ADC § 80092.9
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including renumbering of former section 80092.9 to section 80092.8
and renumbering and amendment of former section 80092.10 to section 80092.9, transmitted to OAL 7-21-98 and filed
9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
8. Amendment filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
9. Repealer of subsection (a)(3)(B) filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80092.9, 22 CA ADC § 80092.9
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80092.10. Gastrostomy Feeding, Hydration, and Care., 22 CA ADC § 80092.10
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 8. Incidental Medical Services
22 CCR § 80092.10
§ 80092.10. Gastrostomy Feeding, Hydration, and Care.
(a) A licensee of an adult CCF may accept or retain a client who requires gastrostomy care, feeding, and/or hydration
if all of the following conditions are met:
(1) The licensee is in compliance with Section 80092.1.
(2) The physician has documented that the gastrostomy is completely healed.
(3) The licensee monitors the client's ongoing ability to provide all routine feeding, hydration and care for his/her
gastrostomy in accordance with the physician's instructions.
(4) The licensee ensures that gastrostomy feeding, hydration, medication administration through the gastrostomy,
and stoma cleaning are provided by a licensed professional when the client is unable to provide his/her own feeding,
hydration and care.
(A) The licensed professional may delegate the following tasks to facility staff who receive training from a licensed
professional as specified in Sections 80092.1(k) through (k)(2).
1. Gastrostomy feeding, hydration, and stoma cleaning.
2. For routine medications, trained staff may add medication through the gastrostomy per physician's or
nurse practitioner's orders.
3. For PRN medications, trained staff may add medications through the gastrostomy in accordance with
Section 80075(b) through (e).
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507 and 1530, Health
and Safety Code.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80092.10. Gastrostomy Feeding, Hydration, and Care., 22 CA ADC § 80092.10
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including renumbering of former section 80092.10 to section 80092.9
and renumbering and amendment of former section 80092.11 to section 80092.10, transmitted to OAL 7-21-98 and filed
9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
8. Amendment of subsection (a)(4)(A) and repealer of subsections (a)(4)(B)-(C) filed 8-9-2002; operative 9-8-2002
(Register 2002, No. 32).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80092.10, 22 CA ADC § 80092.10
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80092.11. Tracheostomies., 22 CA ADC § 80092.11
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 8. Incidental Medical Services
22 CCR § 80092.11
§ 80092.11. Tracheostomies.
(a) A licensee of an adult CCF may accept or retain a client who has a tracheostomy if all of the following conditions
are met:
(1) The licensee is in compliance with Section 80092.1.
(2) Either the client is mentally and physically capable of providing all routine care for his/her tracheostomy and
the physician has documented that the tracheostomy opening (stoma) is completely healed, or assistance in the care
of the tracheostomy is provided by a licensed professional.
(A) The licensed professional may delegate routine care for the tracheostomy to facility staff who receive supervision
and training from the licensed professional as specified in Sections 80092.1(k) through (k)(2).
1. Suctioning shall not be delegated to facility staff.
(3) The licensee monitors the client's ongoing ability to provide all routine care for his/her tracheostomy in
accordance with the physician's instructions.
(4) The licensee ensures that tracheostomy care is provided by a licensed professional when the client is unable to
provide self-care.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507 and 1530, Health
and Safety Code.
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80092.11. Tracheostomies., 22 CA ADC § 80092.11
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including renumbering of former section 80092.11 to section 80092.10
and renumbering and amendment of former section 80092.12 to section 80092.11, transmitted to OAL 7-21-98 and filed
9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
8. Amendment filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80092.11, 22 CA ADC § 80092.11
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80092.12. Tracheostomies. [Renumbered], 22 CA ADC § 80092.12
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 8. Incidental Medical Services
22 CCR § 80092.12
§ 80092.12. Tracheostomies. [Renumbered]
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1502, 1507 and 1530, Health
and Safety Code.
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including renumbering of former section 80092.12 to section 80092.11,
transmitted to OAL 7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80092.12, 22 CA ADC § 80092.12
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80093. Department Review of Health-Related Conditions., 22 CA ADC § 80093
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 8. Incidental Medical Services
22 CCR § 80093
§ 80093. Department Review of Health-Related Conditions.
(a) The Department may review actual or suspected health-related conditions, including those specified in Section
80092, to determine if a client is appropriately placed in the facility and if the client's health-related needs are being
met. The Department will inform the licensee that the client's health-related condition requires review and will specify
documentation that the licensee shall submit to the Department.
(1) Documentation includes, but is not limited to, the following:
(A) Restricted Health Condition Care Plan, if applicable.
(B) Needs and Services Plan.
(C) Copies of prescriptions for medical services and/or medical equipment.
(2) The licensee shall submit the documentation to the Department within 10 working days.
(b) If the Department determines that the client has a restricted health condition, as specified in Section 80092, the licensee
shall provide care to the client in accordance with conditions specified in Sections 80092.1 and applicable requirements
in Sections 80092.3 through 80092.11. If the licensee is not able to provide adequate care, the client shall be relocated.
(c) If the Department determines that the client has a prohibited health condition, as specified in Section 80091 or a
health condition that cannot be cared for within the limits of the license or within the abilities of that specific facility,
the Department will order relocation of the client as specified in Section 80094.
(1) The notification to the licensee will include notice of all appeal rights, as specified in Section 80094.
(d) This section does not entitle the licensee to a full evidentiary hearing, state hearing, or any other administrative review
beyond that set forth in this section.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 80093. Department Review of Health-Related Conditions., 22 CA ADC § 80093
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1507 and 1531, Health and
Safety Code.
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including amendment of subsections (a)-(c)(1), renumbering of
subsections (d)(1)-(5) to section 80095(c)(1)-(5) and subsection relettering, transmitted to OAL 7-21-98 and filed 9-1-98;
amendments operative per agency request 10-1-98 (Register 98, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80093, 22 CA ADC § 80093
End of Document
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2
§ 80094. Health Condition Relocation Order., 22 CA ADC § 80094
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 8. Incidental Medical Services
22 CCR § 80094
§ 80094. Health Condition Relocation Order.
(a) In an adult CCF the Department will order relocation of a client if the Department makes any of the following
determinations:
(1) The client has a prohibited health condition, as specified in Section 80091.
(2) The licensee has not met all of the requirements in Sections 80092.1 and applicable requirements in Sections
80092.3 through 80092.11.
(3) The client has a health condition that cannot be cared for within the limits of the license or within the abilities
of that specific facility.
(b) The Department will give written notice to the licensee ordering the relocation of the client and informing the licensee
of the client's right to an IDT review of the relocation order.
(1) Concurrently, the Department will give the notice of the health condition relocation order and information about
the client's right to request review of the relocation order to the client. The Department will mail, by certified mail,
or deliver a copy within one working day to the client's authorized representative, if any and responsible person.
(A) If the client has no authorized representative, as defined in Section 80001, the relocation order shall be sent to
the responsible person and representative payee, if any.
(2) The health condition relocation order will state the reason for the relocation order and cite the regulation(s)
requiring the relocation.
(3) Upon receipt of the relocation order, the licensee shall prepare a written relocation plan in compliance with
Section 80078.
Note: Authority Cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1507, 1530, 1531 and 1556,
Health and Safety Code.
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1
§ 80094. Health Condition Relocation Order., 22 CA ADC § 80094
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including further amendment of section and Note, transmitted to OAL
7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80094, 22 CA ADC § 80094
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80094.5. Client's Request for Review of a Health..., 22 CA ADC § 80094.5
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 8. Incidental Medical Services
22 CCR § 80094.5
§ 80094.5. Client's Request for Review of a Health Condition
Relocation Order by the Interdisciplinary Team (IDT).
(a) A client or the client's authorized representative, if any, may request a review of the Department's health condition
relocation order by the IDT.
(b) The client or the client's authorized representative, if any, has 10 working days from receipt of the relocation order
to submit to the licensee a written, signed, and dated request for a review and determination by the IDT.
(1) For purposes of this section, a working day is any day except Saturday, Sunday, or an official state holiday.
(c) The licensee shall mail or deliver such a request to the Department within two (2) working days of receipt.
(1) Failure or refusal to do so may subject the licensee to civil penalties, as provided in Section 80054.
(d) Within five (5) working days of receipt by the Department of the request for review, the Department will give written
notification to the licensee, client and the client's authorized representative, if any, acknowledging receipt of the client's
request for review of the relocation order.
(e) Within twenty (20) working days from the date of the client's review request, the licensee shall submit to the
Department the documentation specified in this section to complete the client's review request.
(1) If the information is not received within twenty (20) days, the request for review shall be considered withdrawn,
the licensee shall be notified, and the relocation plan will be implemented.
(f) The licensee shall cooperate with the client and the client's authorized representative, if any, in gathering the
documentation to complete the client's review request.
(g) The documentation to complete the client's review request shall include, but not be limited to, the following:
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1
§ 80094.5. Client's Request for Review of a Health..., 22 CA ADC § 80094.5
(1) The reason(s) for disagreeing that the client has the health condition identified in the relocation order and why
the client believes he/she may legally continue to remain in a CCF.
(2) Current health and functional capabilities assessments, as specified in Sections 80069 and 80069.2.
(A) For purposes of this section, “current” means a medical assessment completed on or after the date of the
relocation order.
(3) A written statement from any placement agency currently involved with the client addressing the relocation order.
(h) The Department will inform the licensee, client and the client's authorized representative, if any, in writing, of the
IDTs determination and the reason for that determination not more than 30 days after the Department's receipt of the
information required in this section.
(i) A client does not have a right to a review under this section in any of the following circumstances:
(1) A health condition relocation order has been issued under Section 80078(b)(6).
(2) A client has been evicted under Section 80068.5.
(3) A temporary suspension order has been issued under Section 80042.
(j) This section does not entitle the client to a right to a state hearing or any other administrative review beyond that
set forth in this section.
Note: Authority Cited: Section 1530, Health and Safety Code. Reference: Sections 1507, 1530 and 1556, Health and
Safety Code.
HISTORY
1. New section filed 9-1-98; operative 10-1-98 (Register 98, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80094.5, 22 CA ADC § 80094.5
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 80095. Clients in Care at Time of Final Adoption of..., 22 CA ADC § 80095
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 1. General Licensing Requirements
Article 8. Incidental Medical Services
22 CCR § 80095
§ 80095. Clients in Care at Time of Final Adoption of Regulations. [Repealed]
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501, 1507 and 1531, Health and
Safety Code.
HISTORY
1. New section filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must
be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
6. New section refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-23-98 order, including repealer and new heading, repealer of subsections (a)-(a)(5)
(G), relettering and amendment of remainder of section and renumbering of former section 80093(d)(1)(5) to subsections
(c)(1)-(5), transmitted to OAL 7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98,
No. 36).
8. Repealer filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 80095, 22 CA ADC § 80095
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81000. General., 22 CA ADC § 81000
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 1. General Requirements and Definitions
22 CCR § 81000
§ 81000. General.
(a) Social rehabilitation facilities, as defined in Section 81001(s)(4), shall be governed by the provisions specified in this
chapter.
(b) In addition to Section 81000(a) above, social rehabilitation facilities shall be governed by those provisions specified
in Title 9 (Rehabilitative and Developmental Services), Division 1 (Department of Mental Health), Chapter 3, Article
3.5, Sections 531 through 535 of the California Code of Regulations.
(c) The licensee shall ensure compliance with all applicable law and regulation.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501 and 1502(a)(7), Health and Safety Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Change without regulatory effect amending lettering and correcting cross-references filed 5-25-91 pursuant to section
100, title 1, California Code of Regulations (Register 91, No. 28).
3. Editorial correction of subsection (a) (Register 2002, No. 14).
4. Change without regulatory effect amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California
Code of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81000, 22 CA ADC § 81000
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81001. Definitions., 22 CA ADC § 81001
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 1. General Requirements and Definitions
22 CCR § 81001
§ 81001. Definitions.
For the purposes of this chapter, the following definitions shall apply:
(a)(1) “Activities of Daily Living” (ADLs) mean the following six activities:
(A) Bathing: Cleaning the body using a tub, shower or sponge bath, including getting a basin of water, managing
faucets, getting in and out the of tub or shower, reaching head and body parts for soaping, rinsing and drying.
(B) Dressing: Putting on and taking off, fastening and unfastening garments and undergarments and special devices
such as back or leg braces, corsets, elastic stockings/garments and artificial limbs or splints.
(C) Toileting: Getting on and off a toilet or commode, emptying a commode, managing clothes, wiping and cleaning
the body after toileting, and using and emptying a bedpan and urinal.
(D) Transferring: Moving from one sitting or lying position to another sitting or lying position (e.g., moving from a
bed to a wheelchair or sofa, coming to a standing position, and/or repositioning to promote circulation and prevent
skin breakdown).
(E) Continence: Ability to control bowel and bladder as well as to use ostomy and/or catheter receptacles, and to
apply diapers and disposable barrier pads.
(F) Eating: Reaching for, picking up, grasping a utensil and cup; getting food on a utensil; bringing food, utensil,
and cup to mouth; manipulating food on plate; and cleaning face and hands as necessary following meal.
(2) “Administrator” means the licensee, or the adult designated by the licensee to act in his/her behalf in the overall
management of the facility.
(3) “Admit” means to accept a person into care. For the purposes of a social rehabilitation facility, a person is
considered to be “admitted” as a client when the person begins residing at the facility and the facility begins providing
care and supervision to the person.
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1
§ 81001. Definitions., 22 CA ADC § 81001
(4) “Adult” means a person who is 18 years of age or older.
(5) “Applicant” means any individual, firm, partnership, association, corporation, county, city, public agency or
other government entity that has made application for a social rehabilitation facility license, an administrator
certificate, or a special permit.
(6) “Authorized Representative” means any person or entity authorized by law to act on behalf of any client. Such
person or entity may include, but not be limited to, a conservator or public placement agency.
(7) “Automated External Defibrillator” (AED) means a lightweight, portable device used to administer an electric
shock through the chest wall to the heart. Built-in computers assess the patient's heart rhythm, determine whether
defibrillation (electrical shock) is needed and then administer the shock. Audible and/or visual prompts guide the
user through the process.
(b)(1) “Basic Rate” means the rate charged by a facility to provide basic services. For SSI/SSP recipients, the basic rate
means the established nonmedical out-of-home care rate, which includes any exempt income allowance but does not
include that amount allocated for the recipient's personal and incidental needs.
(2) “Basic Services” means those services required by applicable law and regulation to be provided by the licensee
in order to obtain and maintain a social rehabilitation facility license.
(c)(1) “California Clearance” means an individual has no felony or misdemeanor convictions reported by the California
Department of Justice. However, the individual may have been arrested with no criminal conviction, convicted of a
minor traffic offense or adjudicated as a juvenile.
(2) “Capacity” means the maximum number of persons authorized to be provided care and supervision at any one
time in any licensed facility.
(3) “Care and Supervision” means any one or more of the following activities provided by a person or facility to
meet the needs of clients:
(A) Assistance in dressing, grooming, bathing and other personal hygiene.
(B) Assistance with taking medication, as specified in Section 81075.
(C) Central storing and/or distribution of medications, as specified in Section 81075.
(D) Arrangement of and assistance with medical and dental care.
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2
§ 81001. Definitions., 22 CA ADC § 81001
(E) Maintenance of house rules for the protection of clients.
(F) Supervision of client schedules and activities.
(G) Maintenance and/or supervision of client cash resources or property.
(H) Monitoring food intake or special diets.
(I) Providing basic services as defined in Section 81001(b)(2).
(4) “Cash Resources” means:
(A) Monetary gifts.
(B) Tax credits and/or refunds.
(C) Earnings from employment or workshops.
(D) Personal and incidental need allowances from funding sources including, but not limited to, SSI/SSP.
(E) Any other similar resources as determined by the licensing agency.
(5) “Certified” means a social rehabilitation facility program that has been certified by the California Department
of Health Care Services as meeting the standards established for that program.
(6) “Client” means an adult who is receiving care and supervision in a social rehabilitation facility. Client includes
“resident” as used in the California Community Care Facilities Act (Health and Safety Code section 1500 et seq.).
(7) “Client Who Relies upon Others to Perform All Activities of Daily Living” means a client who is unable to
perform all of the activities of daily living specified in Section 81001(a)(1) without physical assistance.
(8) “Close Friend” means a person who is attached to another by feelings of personal regard as indicated by both
parties involved.
(9) “Community Care Facility” (CCF) means any facility, place or building where nonmedical care and supervision,
as defined in Section 81001(c)(3), are provided.
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3
§ 81001. Definitions., 22 CA ADC § 81001
(10) “Completed Application” means:
(A) The applicant has submitted and the licensing agency has received all required materials including: an approved
fire clearance, if appropriate, from the State Fire Marshall; a criminal record clearance on the applicant and any
other individuals specified in Section 81019.
(B) The licensing agency has completed a site visit to the facility.
(11) “Conservator” means a person appointed by the Superior Court, pursuant to the provisions of Section 1800 et
seq. of the Probate Code or Section 5350 of the Welfare and Institutions Code, to care for the person, or the estate,
or the person and the estate, of another.
(12) “Consultant” means a person professionally qualified by training or experience to provide expert information
on a particular subject.
(13) “Control of Property” means the right to enter, occupy, and maintain the operation of the facility property
within regulatory requirements. Evidence of control of property may include, but is not limited to, the following:
(A) a Grant Deed showing ownership; or
(B) the lease agreement or rental agreement; or
(C) a court order or similar document that shows the authority to control the property pending outcome of a probate
proceeding or an estate settlement.
(14) “Conviction” means:
(A) A criminal conviction in California; or
(B) Any criminal conviction of another state, federal, military or other jurisdiction, which if committed or attempted
in California, would have been punishable as a crime in California.
(15) “Criminal Record Clearance” means an individual has a California clearance and a Federal Bureau of
Investigation (FBI) clearance.
(d)(1) “Day” means calendar day unless otherwise specified.
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4
§ 81001. Definitions., 22 CA ADC § 81001
(2) “Deficiency” means any failure to comply with any provision of the Community Care Facilities Act (Health and
Safety Code section 1500 et seq.) and/or regulations adopted by the Department pursuant to the Act.
(3) “Dementia” means a deterioration of intellectual function and other cognitive skills, leading to a decline in one's
ability to perform activities of daily living.
(4) “Department” means the California Department of Social Services, as defined in Health and Safety Code section
1502(b).
(5) “Developmental Disability” means a disability as defined in Welfare and Institutions Code section 4512(a).
(6) “Dietitian” means a person who is a member of or registered by the American Dietetics Association.
(7) “Director” means the director of the California Department of Social Services, as defined in Health and Safety
Code section 1502(c).
(8) “Direct-Care Staff” means those persons who deliver direct care and supervision to clients.
(e)(1) “Egress-Alert Device” means a wrist band or other device, that may be worn by a client or carried on a client's
person that triggers a visual or auditory alarm when the client leaves the facility building or grounds.
(2) “Elderly Person” means any person who is 60 years of age or older.
(3) “Emergency Approval to Operate” - LIC 9117 (8/14) (EAO), means a temporary approval to operate a facility
for no more than 60 days pending the Department's decision to either approve or deny a provisional license.
(4) “Evaluator” means any person who is a duly authorized officer, employee or agent of the Department, including
any officer, employee or agent of a county or other public agency authorized by the Department to license
community care facilities.
(5) “Evict” or “eviction” means an involuntary relocation or removal of a client from the facility by the licensee.
(6) “Evidence of Licensee's Death” shall include, but not be limited to, a copy of the death certificate, obituary
notice, certification of death from the decedent's mortuary, or a letter from the attending physician or the coroner's
office verifying the licensee's death.
(7) “Exception” means a written authorization issued by the licensing agency to use alternative means that meet the
intent of a specific regulation(s) and which are based on the unique needs or circumstances of a specific client(s)
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§ 81001. Definitions., 22 CA ADC § 81001
or staff person(s). Exceptions are granted for a particular client(s) or staff person(s) and are not transferable or
applicable to another client(s) or staff person(s), facilities or licensees.
(8) “Exemption” means an exception to the requirements of Health and Safety Code section 1522 and applicable
regulations. Exemptions are not transferable.
(f)(1) “Federal Bureau of Investigation (FBI) Clearance” means an individual has no felony or misdemeanor convictions
reported by the FBI. However, the individual may have been arrested with no criminal conviction, convicted of a minor
traffic offense or adjudicated as a juvenile.
(g)(1) “Guardian” means a person appointed by the Superior Court pursuant to the provisions of Sections 1500 et seq.,
of the Probate Code to care for the person, or estate, or the person and estate of another.
(h)(1) “Health Condition Relocation Order” means written notice by the Department to a licensee requiring the
relocation of a client from a CCF because either the licensee is not providing adequate care of a client's health condition,
as required by the regulations; or the client cannot be cared for within the limits of the license; or the client requires inpatient care in a health facility; or the client has a prohibited health condition, as specified in Section 81091.
(i)(1) “Inhalation-Assistive Device” means any equipment that assists a client to breathe, including, but not limited to,
aerosol delivery devices, nebulizers, humidifiers, incentive spirometry devices, positive airway pressure devices, positive
expiratory pressure devices, and intermittent positive pressure breathing (IPPB) machines.
(2) “Interdisciplinary Team” (IDT) means a team that assists the Department in evaluating the need for relocating a
client when the client requests a review of the Department's Health Condition Relocation Order. This team consists
of a nurse practitioner and a social worker, designated by the Department, with experience in the needs of the client
population. Persons selected for an IDT shall not have been involved in the initial decision to issue a relocation
order for the client in question.
(j) (Reserved)
(k) (Reserved)
(l)(1) “License” means authorization to operate a social rehabilitation facility and to provide care and supervision. The
license is not transferable.
(2) “Licensed Professional” means a person who is licensed in California to provide medical care or therapy. This
includes a physician and surgeon, physician assistant, nurse practitioner, registered nurse, licensed vocational nurse,
psychiatric technician, physical therapist, occupational therapist and respiratory therapist who is operating within
his or her scope of practice.
(3) “Licensee” means the adult, firm, partnership, association, corporation, county, city, public agency, or other
governmental entity having the authority and responsibility for the operation of a licensed social rehabilitation
facility.
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6
§ 81001. Definitions., 22 CA ADC § 81001
(4) “Licensing Agency” means the California Department of Social Services or any state, county or other public
agency authorized by the Department to assume specified licensing responsibilities pursuant to Section 1511 of the
Health and Safety Code.
(5) “Long-Term Residential Treatment Program” means a program as defined in Welfare and Institutions Code,
section 5671(b).
(m)(1) “Mandated Reporter” is defined in Welfare and Institutions Code Section 15630(a).
(2) “Medical Professional” means an individual who is licensed or certified in California to perform the necessary
medical procedures within his or her scope of practice. This includes, but is not limited to, Medical Doctor (MD),
Registered Nurse (RN) and Licensed Vocational Nurse (LVN).
(3) “Mental Disorder” means any of the disorders set forth in the Diagnostic and Statistical Manual of Mental
Disorders (Third Edition) of the American Psychiatric Association and a degree of functional impairment that
renders a person eligible for the services enumerated under the Lanterman-Petris-Short Act, commencing with
Section 5000 of the Welfare and Institutions Code.
(4) “Mental Illness” means the mental condition of any adult who has been evaluated and referred for treatment
for a mental disorder, as defined in Section 81001(m)(2).
(n)(1) “Needs and Services Plan” means a time-limited, goal-oriented written plan which identifies the specific needs of
an individual client, including the items specified in section 81068.2, and delineates those services necessary to meet the
client's needs.
(2) “Nonambulatory Person” means a person as defined in Health and Safety Code section 13131.
(A) A person who uses postural supports as specified in Section 81072(a)(8) is deemed nonambulatory.
(B) A person is not deemed nonambulatory solely because they are deaf, blind, or prefers to use a mechanical aid.
(o)(1) “On-Call Staff” means a staff person who is not on duty on the facility premises, but who can be contacted by the
facility if an additional staff person is needed, and can be at the facility and on duty within 30 minutes.
(p)(1) “Physician” means a person licensed as a physician and surgeon by the California Board of Medical Examiners
or the California Board of Osteopathic Examiners.
(2) “Placement agency” is defined in Health and Safety Code sections 1536.1 and 1569.47(a).
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§ 81001. Definitions., 22 CA ADC § 81001
(3) “PRN Medication” (pro re nata) means any nonprescription or prescription medication that is to be taken as
needed.
(4) “Program Director” means the person who has been designated the authority and the responsibility by the
licensee to oversee and carry out the overall treatment program and management of the facility.
(5) “Provision” or “Provide” means whenever any regulation requires that provisions be made for, or that there be
provided any service, personnel, or other requirement, the licensee shall do so directly, or present evidence to the
licensing agency that the requirement has been met by some other means.
(6) “Provisional License” means a license that is temporary, nonrenewable, and issued for a period not to exceed
twelve months. A provisional license is issued in accordance with the criteria specified in Section 81030.
(q) (Reserved)
(r)(1) “Rehabilitation” means the effort to reestablish good character since the date of the last conviction, including, but
not limited to, education, counseling or therapy, training, stable employment, restitution, remorse, changes in lifestyle,
or community service.
(2) “Relative” means spouse, parent, stepparent, son, daughter, brother, sister, stepbrother, stepsister, half-brother,
half-sister, uncle, aunt, nephew, niece, first cousin, or any such person denoted by the prefix “grand” or “great”;
or the spouse of any of the persons specified in this definition, even after the marriage or the domestic partnership
has been terminated by death or dissolution.
(3) “Responsible person” means that individual or individuals, including a relative, health care surrogate decision
maker, or placement agency, who assists a client or prospective client in placement or assumes varying degrees of
responsibility for the client's well-being. A responsible person cannot act on behalf of a client unless authorized
by law.
(s)(1) “Serious Bodily Injury” is defined in Welfare and Institutions Code Section 15610.67.
(2) “Serious Deficiency” means any deficiency that presents an immediate or substantial threat to the physical health,
mental health or safety of the clients of a community care facility.
(3) “Short-Term Crisis Residential Program” means a program type as defined in Welfare and Institutions Code,
section 5671(a).
(4) “Simplified Exemption” means an exemption granted on the Department's own motion, as authorized in
Health and Safety Code section 1522(c)(4), if the individual's criminal history meets specific criteria established by
Department regulation.
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8
§ 81001. Definitions., 22 CA ADC § 81001
(5) “Social Rehabilitation Facility” means any facility which provides 24-hour-a-day nonmedical care and
supervision in a group setting to adults recovering from mental illness who temporarily need assistance, guidance,
or counseling.
(6) “Social Worker” means a person who has a graduate degree from an accredited school of social work.
(7) “Supplemental Security Income/State Supplemental Program” (SSI/SSP) is a federal/state program that provides
financial assistance to aged, blind and/or disabled residents of California.
(8) “Substantial Compliance” means the absence of any serious deficiencies.
(9) “Substantiated Complaint” means a complaint that has been investigated by the licensing agency and, as a result,
a violation of regulations or statute has been found.
(t)(1) “Transfer Trauma” means the consequences of the stress and emotional shock caused by an abrupt, involuntary
relocation of a client or resident from one facility to another.
(2) “Transitional Residential Program” means a program type as defined in Welfare and Institutions Code section
5671(c).
(3) “Treatment Program” means the services that are to be provided to the clients and are specific to the program
type(s) certified by the California Department of Health Care Services.
(4) “Treatment/Rehabilitation Plan” means a plan as defined in California Code of Regulations, Title 9, Division
1, Chapter 3, Article 3.5, Section 532.2(c), as specified in Section 81068.2(b)(3).
(u)(1) “Universal Precautions,” means an approach to infection control that treats all human blood and body fluids
as if they are infectious. Generally, Universal Precautions consist of regular hand-washing after coming into contact
with another person's body fluids (mucous, saliva, urine, etc.) and includes the use of gloves when handling blood or
body fluids that contain blood. Specifically, Universal Precautions consist of the following four basic infection control
guidelines:
(A) Hand-washing - Staff should wash their hands:
1. After assisting with incontinent care or wiping a client's nose.
2. Before preparing or eating foods.
3. After using the toilet.
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9
§ 81001. Definitions., 22 CA ADC § 81001
4. Before and after treating or bandaging a cut.
5. After wiping down surfaces, cleaning spills, or any other housekeeping.
6. After being in contact with any body fluids from another person.
7. Even if they wore gloves during contact with body fluids.
(B) Gloves - Staff should always wear gloves:
1. When they come into contact with blood or body fluids that contain blood.
2. When they have cuts or scratches on their hands.
3. When assisting with incontinent care or when cleaning up urine, stool, or vomit.
4. When administering first aid for a cut, a bleeding wound, or a bloody nose.
5. And use gloves only one time, for one incident or client.
a. Staff must air dry their hands prior to putting on a new pair of gloves.
6. And dispose of used gloves immediately after use.
(C) Cleaning with a disinfectant - Staff should clean with a disinfectant:
1. On all surfaces and in the client's room and on an “as needed” basis on any surface that has come into
contact with blood.
2. Such as a basic bleach solution, made fresh daily by mixing:
a. 1/4 cup household liquid chlorine bleach in one gallon of tap water, or one tablespoon bleach in
one quart of water.
(D) Proper disposal of infectious materials - Staff should dispose of infectious materials by:
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10
§ 81001. Definitions., 22 CA ADC § 81001
1. Placing it in a plastic trash bag, tying it with a secure tie, and disposing of it out of reach of clients
and children.
(2) “Unlicensed Community Care Facility” means a facility as defined in Health and Safety Code section 1503.5.
(A) A facility that is providing “care and supervision,” as defined in Section 81001(c)(3), includes, but is not limited
to, one in which an individual has been placed by a placement agency or family members for temporary or permanent
care.
(B) A facility that is “held out as or represented as providing care or supervision” includes, but is not limited to:
1. A facility whose license has been revoked or denied, but the individual continues to provide care for the
same or different clients with similar needs.
2. A facility where a change of ownership has occurred and the same clients are retained.
3. A licensed facility that moves to a new location.
4. A facility that advertises as providing care and/or supervision.
(C) A facility that “admits or retains residents who demonstrate the need for care or supervision” includes, but is
not limited to:
1. A facility with residents requiring care and/or supervision, even though the facility is providing board
and room only, or board only, or room only.
2. A facility where it is apparent that care and/or supervision are being provided by virtue of the client's
needs being met.
(3) “Urgent Need” means a situation where prohibiting the operation of the facility would be detrimental to a
client's physical health, mental health, safety, or welfare. Circumstances constituting urgent need include, but are
not limited to, the following:
(A) A change in facility location when clients are in need of services from the same operator at the new location.
(B) A change of facility ownership when clients are in need of services from a new operator.
(v) (Reserved)
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11
§ 81001. Definitions., 22 CA ADC § 81001
(w)(1) “Waiver” means a nontransferable written authorization issued by the licensing agency to use alternative means
which meet the intent of a specific regulation and that are based on a facility-wide need or circumstance.
(x) (Reserved)
(y) (Reserved)
(z) (Reserved)
Note: Authority cited: Sections 1502, 1522.41(j), 1524(e), 1530 and 1530.9, Health and Safety Code. Reference: Sections
4512, 5350, 5670, 5671, 11006.9 and 15610.67, Welfare and Institutions Code; Sections 1501, 1502, 1502(a)(7), 1502(a)
(8), 1502(b), 1502.5, 1503, 1503.5, 1505, 1507, 1508, 1509, 1520, 1522, 1524(e), 1525, 1525.5, 1526, 1530, 1531, 1533,
1534, 1536.1, 1537, 1538.5, 1550, 1551, 1556, 1797.196 and 13131, Health and Safety Code; Section 297.5, Family Code;
Section 1811, Probate Code; and 29 CFR 1910.1030.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Change without regulatory effect amending lettering and correcting cross-references filed 5-25-91 pursuant to section
100, title 1, California Code of Regulations (Register 91, No. 28).
3. Editorial correction of subsection m.(1) (Register 2002, No. 14).
4. Change without regulatory effect amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California
Code of Regulations (Register 2016, No. 2).
5. Change without regulatory effect adopting new subsections (m)(1) and (s)(1), renumbering subsections and amending
Note filed 5-2-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 18).
6. Change without regulatory effect amending subsection (s)(1) filed 6-21-2017 pursuant to section 100, title 1, California
Code of Regulations (Register 2017, No. 25).
7. New subsection (a)(3), subsection renumbering and amendment of subsection (u)(2)(C) filed 9-7-2017; operative
9-7-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81001, 22 CA ADC § 81001
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
12
§ 81005. License Required., 22 CA ADC § 81005
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 2. Licensing
22 CCR § 81005
§ 81005. License Required.
(a) Unless a facility is exempt from licensure as specified in Section 81007, no adult, firm, partnership, association,
corporation, county, city, public agency or other governmental entity shall operate, establish, manage, conduct or
maintain a social rehabilitation facility, or hold out, advertise or represent itself by any means as doing so, without first
obtaining a current valid license from the licensing agency.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1505, 1508, 1509, 1513 and 1531, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81005, 22 CA ADC § 81005
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81006. Operation Without a License., 22 CA ADC § 81006
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 2. Licensing
22 CCR § 81006
§ 81006. Operation Without a License.
(a) An unlicensed community care facility is providing care and supervision as defined in Section 81001(u)(2), the facility
is in violation of Health and Safety Code section(s) 1503.5 and/or 1508 unless exempted from licensure pursuant to
California Code of Regulations section 81007.
(b) If the facility is alleged to be in violation of Health and Safety Code section(s) 1503.5 and/or 1508, the licensing agency
shall conduct a site visit and/or evaluation of the facility pursuant to Health and Safety Code section 1538.
(c) If the facility is operating without a license, the licensing agency shall issue a notice of operation in violation of law
and shall refer the case for criminal prosecution and/or civil proceedings.
(d) The licensing agency shall have the authority to issue an immediate civil penalty pursuant to Section 81058 and Health
and Safety Code section 1547.
(e) Sections 81006(c) and (d) shall be applied pursuant to Section 1549 of the Health and Safety Code.
(f) The licensing agency shall notify the appropriate placement or protective service agency if either of the following
conditions exists:
(1) There is an immediate threat to the clients' health and safety.
(2) The facility does not submit an application for licensure within 15 calendar days of being served a notice of
operation in violation of law.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1503.5, 1505, 1508, 1533, 1538, 1540, 1540.1, 1541, 1547 and 1549, Health and Safety
Code.
HISTORY
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1
§ 81006. Operation Without a License., 22 CA ADC § 81006
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81006, 22 CA ADC § 81006
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81007. Exemption from Licensure., 22 CA ADC § 81007
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 2. Licensing
22 CCR § 81007
§ 81007. Exemption from Licensure.
(a) The social rehabilitation facility regulations contained in this division shall not apply to any of the following:
(1) Any health facility, as defined by Section 1250 of the Health and Safety Code.
(2) Any clinic, as defined by Section 1202 of the Health and Safety Code.
(3) Any facility conducted by and for the adherents of any well-recognized church or religious denomination for the
purpose of providing facilities for the care or treatment of the sick who depend upon prayer or spiritual means for
healing in the practice of the religion of the church or denomination.
(4) Any house, institution, hotel, homeless shelter, or other similar place that supplies board and room only, or
room only, or board only, which provides no element of “care and supervision,” as defined in Section 81001(c)(3).
(5) Any care and supervision of persons by a relative, guardian or conservator.
(6) Any care and supervision of persons from only one family by a close friend of the parent, guardian or conservator,
provided that such arrangement is not for financial profit and does not exceed 10 hours per week.
(A) Provision of longer hours of care shall not be precluded when provided for a brief period of time for reasons,
including but not limited to family emergencies, vacation, and military leave.
(7) Any arrangement for the care and supervision of an adult or adults from only one family by a close friend, who
is not a licensee or current employee of a residential care facility for the elderly or of an adult residential facility,
and whose friendship pre-existed a provider/recipient relationship, and all of the following are met:
(A) The care and supervision is provided in a home or residence chosen by the recipient, regardless of who owns
the home or residence.
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1
§ 81007. Exemption from Licensure., 22 CA ADC § 81007
(B) The arrangement is not of a business nature, in that the provider does not represent himself or herself as being
in the business of provision of care, and any compensation that may be paid to the provider is only for the value
of the services rendered.
(C) The arrangement occurs and continues only as long as the needs for care and supervision of the recipient are
being adequately met.
(8) Any supported living arrangement for individuals with developmental disabilities as defined in Section 1505(m)
of the Health and Safety code.
(9) Any family home agency, family home, or family teaching home as defined in Health and Safety Code section
1505(n).
(10) Any placement agency as defined in Health and Safety Code section 1536.1 or an individual who places
individuals for care in a facility licensed to receive and care for such persons.
(11) Any housing project for elderly or disabled individuals that meets federal requirements specified in Health and
Safety Code section 1505(p).
(12) The Department.
(13) Any similar facility as determined by the Director.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 4689, 4689.1, 5670 and 5671, Welfare
and Institutions Code; Sections 1200, 1200.1, 1250, 1501, 1502, 1505, 1508, 1530 and 1536.1, Health and Safety Code;
and Grimes v. CDSS (1999) 70 Cal.App.4th 1065.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81007, 22 CA ADC § 81007
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81008. Licensing of Integral Facilities., 22 CA ADC § 81008
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 2. Licensing
22 CCR § 81008
§ 81008. Licensing of Integral Facilities.
(a) Upon written application from the licensee, the licensing agency 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 the facility are integral components of a single program.
(2) All components of the program are managed by the same licensee.
(3) All components of the program are conducted at a single site with a common address.
(b) If (a) above does not apply, each separately licensed component of a single program shall be capable of independently
meeting the provisions of applicable regulations as determined by the licensing agency.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1508, 1509 and 1513, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81008, 22 CA ADC § 81008
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81009. Posting of License., 22 CA ADC § 81009
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 2. Licensing
22 CCR § 81009
§ 81009. Posting of License.
(a) The license shall be posted in a prominent, publicly accessible location in the facility.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501 and 1502(a)(7), Health and Safety Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Change without regulatory effect amending Note filed 1-5-2016 pursuant to section 100, title 1, California Code of
Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81009, 22 CA ADC § 81009
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81010. Limitations on Capacity and Ambulatory Status., 22 CA ADC § 81010
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 2. Licensing
22 CCR § 81010
§ 81010. Limitations on Capacity and Ambulatory Status.
(a) A licensee shall not operate a facility beyond the conditions and limitations specified on the license, including the
capacity limitation.
(b) A facility or room approved for ambulatory clients only shall not be used by nonambulatory clients.
(1) A client whose condition becomes nonambulatory shall not use rooms or areas restricted to ambulatory clients.
(2) The licensing agency shall have the authority to require clients who use ambulatory sections of the facility to
demonstrate that they are ambulatory.
(c) The total capacity of all program types certified for one facility shall not exceed the total licensed capacity of the
facility.
(d) The total licensed capacity of a social rehabilitation facility shall not exceed 16 and shall be in compliance with Welfare
and Institutions Code section 5670.5 and California Code of Regulations, Title 9, Sections 1840.332(b) and 1840.334(c).
(e) A facility licensed as an Adult Residential Facility prior to the effective date of these regulations shall be allowed
to apply for a Social Rehabilitation Facility license, at the same location, with a capacity equal to or less than that for
which the facility is currently licensed, provided it is in compliance with 81010(d) above.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670, 5670.5 and 5671, Welfare and
Institutions Code; and Sections 1501, 1502(a)(7) and 1531, Health and Safety Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Change without regulatory effect amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California
Code of Regulations (Register 2016, No. 2).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81010. Limitations on Capacity and Ambulatory Status., 22 CA ADC § 81010
3. Amendment of subsections (d) and (e) and repealer of subsection (e)(1) filed 9-7-2017; operative 9-7-2017 pursuant to
Government Code section 11343.4(b)(3) (Register 2017, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81010, 22 CA ADC § 81010
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81011. Advertisements and License Number., 22 CA ADC § 81011
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 2. Licensing
22 CCR § 81011
§ 81011. Advertisements and License Number.
(a) Licensees shall reveal each facility license number in all advertisements in accordance with Health and Safety Code
section 1514.
(b) Correspondence shall be considered a form of advertisement if the intent is to attract clients.
(c) Licensees that operate more than one facility and use a common advertisement for these facilities shall be required
to list each facility license number in accordance with Health and Safety Code section 1514.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Section 1514, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81011, 22 CA ADC § 81011
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81012. False Claims., 22 CA ADC § 81012
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 2. Licensing
22 CCR § 81012
§ 81012. False Claims.
(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 altered license.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1508 and 1531, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81012, 22 CA ADC § 81012
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81017. Non-Discrimination of Applicants, 22 CA ADC § 81017
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 3. Applications Procedures
22 CCR § 81017
§ 81017. Non-Discrimination of Applicants
(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, gender identity, HIV status, or ancestry.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; Section 51, Civil Code; and Section 1520, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81017, 22 CA ADC § 81017
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81018. Application for License., 22 CA ADC § 81018
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 3. Applications Procedures
22 CCR § 81018
§ 81018. Application for License.
(a) Any adult, firm, partnership, association, corporation, county, city, public agency or other governmental entity
desiring to obtain a license shall file with the licensing agency a verified application on forms furnished by the licensing
agency.
(b) Prior to filing an application, the applicant shall attend an orientation designed for the social rehabilitation facility
category and provided by the licensing agency.
(1) The orientation shall cover, but not be limited to, the following areas:
(A) Completion of the application for license.
(B) Scope of operation subject to regulation by the Department.
(2) An applicant, who is already licensed for a facility in the same category, shall not be required to attend an
orientation if the last orientation attended was for the same facility type and within two (2) years of the next
scheduled orientation.
(3) An applicant applying for more than one social rehabilitation facility license, shall be required to attend only
one orientation.
(c) The applicant/licensee shall cooperate with the licensing agency in providing verification and/or documentation as
requested by the licensing agency.
(d) The application and supporting documents shall contain the following:
(1) Name or proposed name and address of facility.
(2) Name and residence and mailing addresses of applicant.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81018. Application for License., 22 CA ADC § 81018
(A) If the applicant is a partnership, the name and principal business address of each partner.
(B) If the applicant is a corporation or association, the name, title and principal business address of each officer,
executive director and member of the governing board.
(C) If the applicant is a corporation which issues stock, the name and address of each person owning more than
10 percent of stock in such corporation.
(D) If the applicant is a corporation or association, a copy of the articles of incorporation, the constitution and
the by-laws.
(E) If the applicant is a corporation, each member of the board of directors, executive director, and any officer
shall list the names of facilities which they have been licensed to operate, employed by or a member of the board
of directors, executive director or an officer.
(3) Name and address of owner of facility premises if applicant is leasing or renting.
(4) Procedures as required pursuant to Section 1524.5 of the Health and Safety Code.
(5) Category of facility to be operated.
(6) Maximum number of persons to be served.
(7) Age range, sex and categories of persons to be served, including but not limited to persons with developmental
disabilities, mental disorders, and physically handicapped and/or nonambulatory persons.
(8) Hours or periods of facility operation.
(9) Name of administrator, if applicable.
(10) Information required by Health and Safety Code section 1520(d).
(11) Information required by Health and Safety Code section 1520(e).
(12) Name, address and telephone number of the city or county fire department, the district providing fire protection
services, or the State Fire Marshal's Office having jurisdiction in the area where the facility is located.
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2
§ 81018. Application for License., 22 CA ADC § 81018
(13) A plan of operation as specified in Section 81022.
(14) Criminal record clearance as specified in Section 81019.
(15) The bonding affidavit specified in Section 81025(a).
(16) A health screening report on the applicant as specified in Section 81065(g).
(17) The fee for processing the application by the requested capacity as specified in Section 81036.
(18) Such other information as may be required pursuant to Section 1520(g) of the Health and Safety Code.
(e) The application shall be signed by the applicant.
(1) If the applicant is a partnership, the application shall be signed by each partner.
(2) If the applicant is a firm, association, corporation, county, city, public agency or other governmental entity, the
application shall be signed by the chief executive officer or authorized representative.
(f) The application shall be filed with the licensing agency that serves the geographical area in which the facility is located.
(g) Each applicant shall submit to the Department an itemized financial plan of operation. The financial plan of operation
shall consist of a financial statement listing the applicant's assets and liabilities and an anticipated budget, including
operating income and costs.
(1) Liquid assets shall be available for start-up funds sufficient to cover the first three months operating costs of
the facility.
(A) The value of an existing contract with a county mental health agency shall be included as a liquid asset.
(h) The licensing agency shall have the authority to require written verification of the availability of the funds required
in Section 81018(g)(1) above.
(i) Prior to licensure, each applicant shall submit to the licensing agency evidence of current program certification, which
shall be signed by an authorized representative of the California Department of Health Care Services.
(1) The certification document shall contain the following:
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3
§ 81018. Application for License., 22 CA ADC § 81018
(A) Facility name and address;
(B) Program type(s);
(C) Capacity for each program type;
(D) Staff positions and qualifications;
(E) Staffing pattern and ratio; and
(F) Certification effective/expiration date.
(2) The facility shall notify the California Department of Health Care Services of any changes pertaining to Section
81018(i)(1).
(A) The licensee shall keep written evidence on file at the facility that the California Department of Health Care
Services has received the notification.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1502(a)(7), 1520, 1520.11, 1522, 1523.1, 1524.5 and 1560, Health and Safety Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Editorial correction of printing error in subsections (d) and (d)(1)(A) (Register 91, No. 32).
3. Change without regulatory effect amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California
Code of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81018, 22 CA ADC § 81018
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
4
§ 81019. Criminal Record Clearance., 22 CA ADC § 81019
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 3. Applications Procedures
22 CCR § 81019
§ 81019. Criminal Record Clearance.
(a) The Department shall conduct a criminal record review of all individuals specified in Health and Safety Code section
1522(b), and shall have the authority to approve or deny a facility license, or employment, residence, or presence in the
facility, based upon the results of such review.
(b) The following persons are exempt from the requirement to submit fingerprints:
(1) A medical professional, as defined by the Department in regulations, who holds a valid license or certification
from the individual's governing California medical care regulatory entity and who is not employed, retained, or
contracted by the licensee, if all of the following apply:
(A) The criminal record of the individual has been cleared as a condition of licensure or certification by the
individual's California medical care regulatory entity.
(B) The individual is providing time-limited specialized clinical care or services.
(C) The individual is providing care or services within the individual's scope of practice.
(D) The individual is not a community care facility licensee or an employee of the facility.
(2) A third-party repair person, or similar retained contractor, if all of the following apply:
(A) The individual is hired for a defined, time-limited job.
(B) The individual is not left alone with clients.
(C) When clients are present in the room in which the repairperson or contractor is working, a staff person who has
a criminal record clearance or exemption is also present.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81019. Criminal Record Clearance., 22 CA ADC § 81019
(3) Employees of a licensed home health agency and other members of licensed hospice interdisciplinary teams who
have a contract with a client of the facility, and are in the facility at the request of that client or client's legal decision
maker.
(A) The exemption shall not apply to a person who is a community care facility licensee or an employee of the facility.
(4) Clergy and other spiritual caregivers who are performing services in common areas of the residential care facility,
or who are advising an individual client at the request of, or with the permission of, the client.
(A) This exemption shall not apply to a person who is a community care facility licensee or an employee of the
facility.
(5) Members of fraternal, service and similar organizations who conduct group activities for clients, if all of the
following apply:
(A) Members are not left alone with the clients.
(B) Members do not transport clients off the facility premises.
(C) The same group does not conduct such activities more often than once a month.
(6) The following persons unless contraindicated by the client's individualized program plan (IPP) or Needs and
Services Plan:
(A) A spouse, significant other, relative, close friend of a client, or the attendant or facilitator who is not employed,
retained or contracted by the licensee for a client with a developmental disability, as long as the person is visiting
the resident or providing direct care and supervision to that client only.
(B) An attendant or facilitator for a client with a developmental disability if the attendant or facilitator is not
employed, retained or contracted by the licensee.
(C) The exemptions in Section 81019(b)(6)(A) or (B) apply only if the person is visiting the client or providing direct
care and supervision to the client.
(7) Nothing in this paragraph shall prevent a licensee from requiring a criminal record clearance of any individual
exempt from the requirements of this section, provided that the individual has client contact.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81019. Criminal Record Clearance., 22 CA ADC § 81019
(c) Prior to the Department issuing a license, the applicant, administrator, and any adult other than a client, residing
in the facility shall obtain a California criminal record clearance or exemption as specified in Health and Safety Code
section 1522(a)(4).
(d) All individuals subject to criminal record review shall be fingerprinted and sign a Criminal Record Statement - LIC
508 (1/03) under penalty of perjury.
(1) A person signing the LIC 508 must:
(A) Declare whether he/she has been convicted of a crime, other than a minor traffic violation as specified in Section
81019(i), regardless of whether the individual was granted a pardon for the conviction or received an expungement
pursuant to Penal Code section 1203.4 or the individual's record was sealed as a result of a court order.
(B) If convicted of a crime other than a minor traffic violation, provide information regarding the conviction.
(2) The licensee shall submit these fingerprints to the California Department of Justice, along with a second set
of fingerprints for the purpose of searching the records of the Federal Bureau of Investigation, or to comply with
the requirements of Section 81019(e), prior to the individual's employment, residence, or initial presence in the
community care facility.
(A) Fingerprints shall be submitted to the California Department of Justice by the licensee, or sent by electronic
transmission to the California Department of Justice by a fingerprinting entity approved by the Department.
(e) All individuals subject to a criminal record review pursuant to Health and Safety Code section 1522 shall prior to
working, residing or volunteering in a licensed facility:
(1) Obtain a California clearance or a criminal record exemption as required by the Department; or
(2) Request a transfer of a criminal record clearance as specified in Section 81019(f); or
(3) Request and be approved for a transfer of a criminal record exemption, as specified in Section 81019.1(s), unless,
upon request for the transfer, the Department permits the individual to be employed, reside or be present at the
facility.
(f) A licensee or applicant for a license may request a transfer of a criminal record clearance from one state-licensed
facility to another, or from TrustLine to a state-licensed facility by providing the following documents to the Department:
(1) A signed Criminal Background Clearance Transfer Request - LIC 9182 (4/02).
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3
§ 81019. Criminal Record Clearance., 22 CA ADC § 81019
(2) A copy of the individual's:
(A) Driver's license, or
(B) Valid identification card issued by the Department of Motor Vehicles, or
(C) Valid photo identification issued by another state or the United States government if the individual is not a
California resident.
(3) Any other documentation required by the Department (e.g., Criminal Record Statement - LIC 508 (1/03), job
description).
(g) Violation of Section 81019(e) will result in a citation of a deficiency and an immediate assessment of a civil penalty
of one hundred dollars ($100) per violation per day for a maximum of five (5) days by the Department.
(1) Subsequent violations within a twelve (12) month period will result in a civil penalty of one hundred dollars
($100) per violation per day for a maximum of thirty (30) days.
(2) The Department may assess civil penalties for continued violations as permitted by Health and Safety Code
section 1548.
(h) Violation of Section 81019(e) may result in a denial of the license application or suspension or revocation of the
license.
(i) If the criminal record transcript of any of the individuals specified in Health and Safety Code section 1522(b) discloses
a plea or verdict of guilty or a conviction following a plea of nolo contendere for any crime other than a minor traffic
violation for which the fine was less than $300, and an exemption pursuant to Section 81019.1(a) has not been granted,
the Department shall take the following actions:
(1) For initial applicants, deny the application.
(2) For current licensees, the Department may institute an administrative action, including, but not limited to,
revocation of the license.
(3) For current employees, exclude the affected individual pursuant to Health and Safety Code section 1558, and
revoke the license, if the individual continues to provide services at the facility.
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4
§ 81019. Criminal Record Clearance., 22 CA ADC § 81019
(4) For convicted individuals residing in the facility, exclude the affected individual pursuant to Health and Safety
Code section 1558, and deny the application or revoke the license, if the individual continues to provide services
and/or reside at the facility.
(j) The licensee shall maintain documentation of criminal record clearances or criminal record exemptions of employees
in the individual's personnel file as required in Section 81066.
(1) The documentation shall be available for inspection by the Department.
(k) The Department may seek verification from a law enforcement agency or court of an individual's criminal record as
reported to the Department from any member of the public or affected individual.
(1) Upon obtaining confirmation from a law enforcement agency or court of the offense, the Department shall
proceed as if this criminal record information was provided by the California Department of Justice.
Note: Authority cited: Sections 1530 and 1548(e), Health and Safety Code. Reference: Sections 1503.5, 1505, 1508, 1522,
1531, 1533, 1538, 1540, 1540.1, 1541, 1547, 1548 and 1549, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81019, 22 CA ADC § 81019
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
5
§ 81019.1. Criminal Record Exemption., 22 CA ADC § 81019.1
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 3. Applications Procedures
22 CCR § 81019.1
§ 81019.1. Criminal Record Exemption.
(a) The Department will notify a licensee to act immediately to remove from the facility or bar from entering the facility
any person described in Sections 81019.1(a)(1) through (a)(5) below while the Department considers granting or denying
an exemption. Upon notification, the licensee shall comply with the notice.
(1) Any person who has been convicted of, or is awaiting trial for, a sex offense against a minor;
(2) Any person who has been convicted of a felony;
(3) Any person who has been convicted of an offense specified in Sections 243.4, 273a, 273d, 273g, or 368 of the
Penal Code or any other crime specified in Health and Safety Code section 1522(c)(3);
(4) Any person who has been convicted of any crime specified below:
(A) Battery
(B) Shooting at Inhabited Dwelling
(C) Corporal Injury on Spouse/Cohabitant
(D) Discharging Firearm with Gross Negligence
(E) Exhibiting Weapon/Firearm
(F) Threat to Commit a Crime Resulting in Gross Bodily Injury or Death
(G) Criminal Threat to Harm or Injure Another Person
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81019.1. Criminal Record Exemption., 22 CA ADC § 81019.1
(H) Cruelty to Animals
(I) Willful Harm or Injury to Child;
(5) Any other person ordered to be removed by the Department.
(b) In addition to the requirements of Section 81019.1(a), the licensee must return the confirmation of removal form that
is sent by the Department, within five (5) days of the date of the form that confirms under penalty of perjury that the
individual has been removed from the facility.
(1) Confirmation must be made on either a Removal Confirmation - Exemption Needed - LIC 300A (9/03), Removal
Confirmation - Denial - LIC 300B (9/03), Removal Confirmation - Rescinded - LIC 300C (9/03), or Removal
Confirmation - Non-exemptible - LIC 300D (9/03).
(c) After a review of the criminal record transcript, the Department may grant an exemption if:
(1) The applicant/licensee requests an exemption in writing for himself or herself, or
(2) The applicant/licensee requests an exemption in writing for an individual associated with the facility, or
(3) The applicant/licensee chooses not to seek an exemption on the affected individual's behalf, the affected
individual requests an individual exemption in writing, and
(4) The affected individual presents substantial and convincing evidence satisfactory to the Department that he/she
has been rehabilitated and presently is of such good character as to justify being issued or maintaining a license,
employment, presence, or residence in a licensed facility.
(d) To request a criminal record exemption, a licensee or license applicant must submit information that indicates that the
individual meets the requirements of Section 81019.1(c)(4). The Department will notify the licensee or license applicant
and the affected individual, in concurrent, separate notices, that the affected individual has a criminal conviction and
needs to obtain a criminal record exemption.
(1) The notice to the affected individual shall include a list of the conviction(s) that the Department is aware of at
the time the notice is sent that must be addressed in an exemption request.
(2) The notice will list the information that must be submitted to request a criminal record exemption.
(3) The information must be submitted within forty-five (45) days of the date of the Department's notice.
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2
§ 81019.1. Criminal Record Exemption., 22 CA ADC § 81019.1
(A) Individuals who submit a criminal record exemption request shall cooperate with the Department by providing
any information requested by the Department, including, but not limited to, police reports and certified court
documents to process the exemption request, pursuant to Section 81019(e).
(B) If the individual for whom the criminal record exemption is requested is an employee or resident other than a
spouse or a dependent family member and the licensee/license applicant does not submit the information listed in
the Department's written notice within 45 days of the date of the notice, the Department may cease processing the
exemption request and close the case.
(C) If the individual for whom the criminal record exemption is requested is an applicant, licensee, spouse
or dependent family member and the licensee/license applicant does not submit the information listed in the
Department's written notice within 45 days of the date of the notice, the Department may deny the exemption
request.
(D) Individuals may request a criminal record exemption on their own behalf if the licensee or license applicant:
1. Chooses not to request the exemption and
2. Chooses not to employ or terminates the individual's employment after receiving notice of the
individual's criminal history, or
3. Removes the individual who resides in the facility after receiving notice of the individual's criminal
history.
(e) The Department shall consider factors including, but not limited to, the following as evidence of good character and
rehabilitation:
(1) The nature of the crime including, but not limited to, whether it involved violence or a threat of violence to others.
(2) Period of time since the crime was committed and number of offenses.
(3) Circumstances surrounding the commission of the crime that would demonstrate the unlikelihood of repetition.
(4) Activities since conviction, including employment or participation in therapy or education, that would indicate
changed behavior.
(5) Granting by the Governor of a full and unconditional pardon.
(6) Character references.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 81019.1. Criminal Record Exemption., 22 CA ADC § 81019.1
(A) All character references shall be on a Reference Request form - (LIC 301E - Exemptions [Rev. (07/03)]).
(7) A certificate of rehabilitation from a superior court.
(8) Evidence of honesty and truthfulness as revealed in exemption application documents.
(A) Documents include, but are not limited to:
1. A Criminal Record Statement - LIC 508 (1/03) and
2. The individual's written statement/explanation of the conviction and the circumstances about the arrest.
(9) Evidence of honesty and truthfulness as revealed in exemption application interviews and conversations with
the Department.
(f) The Department shall also consider the following factors in evaluating a request for an exemption:
(1) Facility and type of association.
(2) The individual's age at the time the crime was committed.
(g) The Department may deny an exemption request if:
(1) The licensee and/or the affected individual fails to provide documents requested by the Department, or
(2) The licensee and/or the affected individual fails to cooperate with the Department in the exemption process.
(h) The reasons for any exemption granted or denied shall be in writing and kept by the Department.
(1) Exemption denial notices shall specify the reason the exemption was denied.
(i) The Department has the authority to grant a criminal record exemption that places conditions on the individual's
continued licensure, and employment or presence in a licensed facility.
(j) It shall be conclusive evidence that the individual is not of such good character as to justify issuance of an exemption
if the individual:
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
4
§ 81019.1. Criminal Record Exemption., 22 CA ADC § 81019.1
(1) Makes a knowingly false or misleading statement regarding:
(A) Material relevant to their application for a criminal record clearance or exemption,
(B) His or her criminal record clearance or exemption status to obtain employment or permission to be present in
a licensed facility, after the Department has ordered that they be excluded from any or all licensed facilities, or
(C) His or her criminal record clearance or exemption status in order to obtain a position with duties that are
prohibited to him/her by a conditional exemption; or
(2) Is on probation or parole.
(A) If the individual is currently on probation, and provides sufficient proof that the probationary period(s) is
informal, unsupervised and no probation officer is assigned, the Department may, in its discretion, grant a criminal
record exemption notwithstanding Section 81019.1(j)(2).
(k) The Department shall consider granting a criminal record exemption if the individual's criminal history meets all of
the applicable criteria specified in Sections 81019.1(k)(1) through (6) and the individual provides the Department with
substantial and convincing evidence of good character as specified in Section 81019.1(c)(4). For purposes of this Section,
a violent crime is a crime that, upon evaluation of the code Section violated or the reports regarding the underlying
offense, presents a risk of harm or violence.
(1) The individual has been convicted of one nonviolent misdemeanor, and one year has lapsed since completing
the most recent period of incarceration or probation.
(2) The individual has been convicted of two or more nonviolent misdemeanors and four consecutive years have
lapsed since completing the most recent period of incarceration, probation or parole, whichever is latest.
(3) The individual has been convicted of one or more violent misdemeanors and 15 consecutive years have lapsed
since completing the most recent period of incarceration, probation or parole, whichever is latest.
(4) The individual has been convicted of one nonviolent felony and four consecutive years have lapsed since
completing the most recent period of incarceration, probation or parole, whichever is latest.
(5) The individual has been convicted of two or more nonviolent felonies and ten consecutive years have lapsed since
completing the most recent period of incarceration, probation or parole, whichever is latest.
(6) The individual has not been convicted of a violent felony.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
5
§ 81019.1. Criminal Record Exemption., 22 CA ADC § 81019.1
(7) If the individual is currently on probation, and provides sufficient proof that the probationary period(s) is
informal, unsupervised and no probation officer is assigned, the period of lapsed time required in Sections 81019.1(k)
(1) through (k)(5) above shall begin from the last date of conviction(s).
(l) It shall be a rebuttable presumption that an individual is not of such good character as to justify the issuance of an
exemption if the individual fails to meet the requirements specified in Sections 81019.1(k)(1) through (k)(6).
(m) The Department shall not grant an exemption if the individual has a conviction for any offense specified in Section
1522(g)(1) of the Health and Safety Code.
(n) The Department shall consider granting a simplified criminal record exemption only if the individual has the criminal
history profile outlined in Sections 81019.1(n)(1) through (n)(4) below:
(1) The individual does not have a demonstrated pattern of criminal activity;
(2) The individual has no more than one conviction;
(3) The conviction is a misdemeanor and is a crime that is nonviolent and does not pose a risk of harm to an
individual; and
(4) It has been at least five consecutive years since the completion of the most recent period of incarceration or
supervised probation.
(o) At the Department's discretion, an individual who is otherwise eligible for a simplified exemption may be required
to go through the standard exemption process if the Department determines such action will help to protect the health
and safety of clients.
(p) If the Department denies or cannot grant a criminal record exemption, the Department shall:
(1) For initial applicants, deny the application.
(2) For current licensees, the Department may institute an administrative action, including, but not limited to,
revocation of the license.
(3) For current employees, exclude the affected individual pursuant to Health and Safety Code section 1558, deny
the application or revoke the license, if the individual continues to provide services and/or reside at the facility.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
6
§ 81019.1. Criminal Record Exemption., 22 CA ADC § 81019.1
(4) For individuals residing in the facility or the licensee, exclude the affected individual pursuant to Health and
Safety Code section 1558, and deny the application or revoke the license, if the individual continues to provide
services and/or reside at the facility.
(q) If a request for an exemption has been denied, the individual shall be excluded for a period of two years unless the
individual has been convicted of a crime for which no exemption may be granted pursuant to Section 81019.1(m). If a
request for an exemption has been denied based on a conviction of a crime for which no exemption may be granted, the
individual shall be excluded for the remainder of the individual's life.
(1) If the Department determines during the review of an exemption request, that the individual was denied an
exemption for a conviction of a crime for which an exemption may be granted within the preceding two years, the
Department shall cease any further review of the request until two years have elapsed from the date of the denial.
In cases where the individual requested a hearing on an exemption denial, the Department shall cease review of
the request for an exemption until two years from the effective date of the decision and order of the Department
upholding the denial. In cases where the individual submitted a petition for reinstatement or reduction in penalty
pursuant to Government Code section 11522 that was denied, the Department shall cease review of the request for an
exemption until two years from the effective date of the decision and order of the Department denying the petition.
(2) An exclusion order based solely upon a denied exemption shall remain in effect and the individual shall not be
employed in or present in a licensed facility or certified home, unless either a petition or an exemption is granted.
(3) If an individual who has previously been denied an exemption re-applies after the relevant time period described
in Section 81019.1(q)(1) above, the Department may, according to the provisions in this section, grant or deny the
subsequent request for an exemption.
(4) If an individual submits a petition pursuant to Government Code section 11522 for reinstatement or reduction of
penalty for an exclusion, an individual must submit his/her fingerprints through an electronic system approved by
the Department and submit to the Department a statement of the reason why the individual should be permitted to
work or be present in a facility, along with all information required of an individual requesting a criminal exemption
as provided in this section. If it is determined, based upon information provided by the Department of Justice, that
the individual has been convicted of a crime for which no exemption may be granted, the petition shall be denied.
An individual's failure to submit fingerprints or other information as requested by the Department, shall be grounds
for denial of the petition. The burden shall be on the petitioner to prove sufficient rehabilitation and good character
to justify the granting of the petition.
(r) A licensee or applicant for a license may request a transfer of a criminal record exemption from one state licensed
facility to another by providing the following documents to the Department:
(1) A signed Criminal Record Exemption Transfer Request - LIC 9188 (9/03).
(2) A copy of the individual's:
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
7
§ 81019.1. Criminal Record Exemption., 22 CA ADC § 81019.1
(A) Driver's license, or
(B) Valid identification card issued by the Department of Motor Vehicles, or
(C) Valid photo identification issued by another state or the United States Government if the individual is not a
California resident.
(3) Any other documentation required by the Department (e.g., Criminal Record Statement - LIC 508 (1/03), job
description).
(s) The Department may consider factors including, but not limited to, the following in determining whether or not to
approve an exemption transfer:
(1) The basis on which the Department granted the exemption;
(2) The nature and frequency of client contact in the new position;
(3) The category of facility where the individual wishes to transfer;
(4) The type of clients in the facility where the individual wishes to transfer;
(5) Whether the exemption was appropriately evaluated and granted in accordance with existing exemption laws
or regulations; or
(6) Whether the exemption meets current exemption laws or regulations.
(t) If the Department denies the individual's request to transfer a criminal record exemption, the Department shall provide
the individual and the licensee with written notification that states the Department's decision and informs the affected
individual of their right to an administrative hearing to contest the Department's decision.
(u) At the Department's discretion, an exemption may be rescinded if it is determined that:
(1) The exemption was granted in error, or
(2) The exemption does not meet current exemption laws or regulations, or
(3) The conviction for which an exemption was granted subsequently becomes non-exemptible by law.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
8
§ 81019.1. Criminal Record Exemption., 22 CA ADC § 81019.1
(v) The Department may rescind an individual's criminal record exemption if the Department obtains evidence showing
that the individual engaged in conduct that is inconsistent with the good character requirement of a criminal record
exemption, as evidenced by factors including, but not limited to, the following:
(1) Violations of licensing laws or regulations;
(2) Any conduct by the individual that indicates that the individual may pose a risk to the health and safety of any
individual who is or may be a client;
(3) Nondisclosure of a conviction or evidence of lack of rehabilitation that the individual failed to disclose to the
Department, even if it occurred before the exemption was issued; or
(4) The individual is convicted of a subsequent crime.
(w) If the Department rescinds an exemption the Department shall:
(1) Notify the licensee and the affected individual in writing; and
(2) Initiate an administrative action.
(x) If the Department learns that an individual with a criminal record clearance or exemption has been convicted of a
subsequent crime, the Department, at its sole discretion, may immediately initiate an administrative action to protect
the health and safety of clients.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; Sections 1522 and 1531, Health and Safety Code; Gresher v. Anderson (2005) 127 Cal. App. 4th 88;
and Glesmann v. Saenz (2006) 140 Cal. App.4th 960.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81019.1, 22 CA ADC § 81019.1
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
9
§ 81020. Fire Clearance., 22 CA ADC § 81020
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 3. Applications Procedures
22 CCR § 81020
§ 81020. Fire Clearance.
(a) A social rehabilitation facility 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 request for fire clearance shall be made through and maintained by the licensing agency.
(b) The applicant shall notify the licensing agency if the facility plans to admit any of the following categories of clients so
that an appropriate fire clearance, approved by the city or county fire department, the district providing fire protection
services, or the State Fire Marshal, can be obtained prior to the admission of such clients:
(1) Persons 65 years of age and over.
(2) Persons who are nonambulatory, as defined in Section 81001(n)(2).
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1520 and 1531, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
2. Amendment of subsection (b) filed 9-7-2017; operative 9-7-2017 pursuant to Government Code section 11343.4(b)(3)
(Register 2017, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81020, 22 CA ADC § 81020
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81021. Water Supply Clearance., 22 CA ADC § 81021
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 3. Applications Procedures
22 CCR § 81021
§ 81021. Water Supply Clearance.
(a) A social rehabilitation facility where water for human consumption is from a private source shall meet the following
requirements:
(1) As a condition of initial licensure, the applicant shall provide evidence of an onsite inspection of the source of
the water and a bacteriological analysis which establishes the safety of the water, conducted by the local health
department, the State Department of Public Health or a licensed commercial laboratory.
(2) Subsequent to initial licensure, the licensee shall provide evidence of a bacteriological analysis of the private
water supply as frequently as is necessary to ensure the safety of the clients, but no less frequently than specified
in the following table:
Periodic
Licensed
Analysis
Subsequent
Capacity
Required
Analysis
6 or fewer
Initial licensing
Not required unless
evidence supports the
need for such analysis
to protect clients.
7 through 15
Initial licensing
Annually
16 through 24
Initial licensing
Semiannually
25 or more
Initial licensing
Quarterly
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1520 and 1531, Health and Safety Code.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81021. Water Supply Clearance., 22 CA ADC § 81021
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81021, 22 CA ADC § 81021
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81022. Plan of Operation., 22 CA ADC § 81022
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 3. Applications Procedures
22 CCR § 81022
§ 81022. Plan of Operation.
(a) Each licensee shall have and maintain on file a current, written, definitive 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 admission of clients.
(3) A copy of the admission agreement.
(4) Administrative organization, if applicable.
(5) Staffing plan, qualifications and duties, if applicable.
(6) Plan for inservice education of staff if required by regulations governing this chapter.
(7) A sketch of the building(s) to be occupied, including a floor plan which describes the capacities of the buildings
for the uses intended, room dimensions, and a designation of the rooms to be used for nonambulatory clients, if any.
(8) A sketch of the grounds showing buildings, driveways, fences, storage areas, pools, gardens, recreation areas
and other space used by the clients.
(A) The sketches specified in Section 81022(b)(7) and (b)(8) shall include the dimensions of all areas which will be
used by the clients.
(9) Sample menus and a schedule for one calendar week indicating the time of day that meals and snacks are to
be served.
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1
§ 81022. Plan of Operation., 22 CA ADC § 81022
(10) Transportation arrangements for clients who do not have independent arrangements.
(11) Rate setting policy including, but not limited to, policy on refunds.
(12) A statement indicating whether or not the licensee will handle the clients' money, personal property, and/or
valuables. If money, personal property, and/or valuables will be handled, the method for safeguarding shall ensure
compliance with Sections 81025 and 81026.
(13) Consultant and community resources to be utilized by the facility as part of its program.
(14) A statement of the facility's policy concerning family visits and other communications with the client pursuant
to Health and Safety Code section 1512.
(15) A statement that specifies the maximum length of treatment for the clients, which shall not exceed 18 months.
(16) Written evidence of arrangements for any consultants and community resources which are to be utilized in the
facility's plan of operation or to meet regulatory requirements.
(17) Provisions for ensuring that food service requirements (Section 81076) and building and grounds requirements
(Section 81087) shall continue to be met when the clients are unable or unwilling to perform these functions as a
part of their treatment plans.
(18) A written plan for the supervision and training of staff as required by Section 81065(q).
(19) A written staff continuing education plan which meets the requirements of Section 81065(r).
(20) A written plan for managing client psychiatric crises, including procedures for facility staff intervention and
for securing assistance from local psychiatric emergency response agencies.
(21) A current, valid program certification by the Department of Health Care Services.
(22) A written plan for training clients to store and manage their own medications, when appropriate, pursuant to
Sections 81075(o) through (o)(4)(E).
(23) A written plan for the storage of cleaning supplies, cleaning solutions and disinfectants, as required in Section
81087(l).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81022. Plan of Operation., 22 CA ADC § 81022
(A) The written plan shall also include when and how these items may be made available to clients pursuant to
Sections 81087(n) and 81068.2(b)(6).
(c) In addition to Sections 81022(a) and (b) above, any facility with a certified Long-Term Residential Treatment Program
shall submit the following information to the licensing agency:
(A) The certification document shall contain the information required in Section 81018.
(1) The treatment program which shall include those services specified in Section 81001(l)(5).
(d) In addition to Sections 81022(a) and (b) above, any facility with a certified Short-Term Crisis Residential Program
shall submit the following information to the licensing agency:
(1) The treatment program, which shall include those services specified in Section 81001(s)(2).
(e) In addition to Sections 81022(a) and (b) above, any facility with a certified Transitional Residential Program shall
submit the following information to the licensing agency:
(1) The treatment program which shall include those services specified in Section 8100(t)(1).
(f) If the licensee intends to admit or care for one or more clients who have a restricted health condition as specified in
Section 81092, the facility policies and a program description shall be included. At a minimum, the information related
to those clients and their needs shall specify all of the following:
(1) The type of restricted health condition that the licensee plans to admit.
(2) The licensee's plans for serving that client.
(A) If the licensee plans to admit or care for one or more clients who have a staph or other serious, communicable
infection, the plan must include:
1. A statement that all staff will receive training in universal precautions within the first 10 days of
employment, and before providing care to these clients.
2. A statement of how the licensee will ensure that the training is obtained, and the name and qualifications
of the person or organization that will provide the training.
(3) The services that will be provided.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 81022. Plan of Operation., 22 CA ADC § 81022
(4) Staffing adjustments if needed in order to provide the proposed services.
(A) This may include increased staffing, hiring staff with additional or different qualifications, utilizing licensed
professionals as consultants, or hiring licensed professionals.
(g) If the licensee intends to admit or care for one or more clients who rely upon others to perform all activities of daily
living, the plan of operation must also include a statement that demonstrates the licensee's ability to care for these clients.
The evidence of ability may include, but not be limited to:
(1) The licensee's experience in providing care to these clients.
(2) The licensee's experience providing care to a family member with this condition.
(3) The licensee's plan to hire staff who have experience providing care to these clients, and documentation of what
the staff person's experience has been.
(4) Documentation of training the licensee and/or staff have completed specific to the needs of these clients.
(5) History of continued placements by a regional center.
(h) In addition to Section 81022(b)(20), if the licensee intends to admit and/or specialize in care for one or more clients
who has a propensity for behaviors that result in harm to self or others, the facility plan of operation shall include a
description of precautions that will be taken to protect that client and all other clients.
(i) Any changes in the plan of operation which affect the services to clients shall be subject to licensing agency approval
and shall be reported as specified in Section 81061.
(j) The facility shall operate in accordance with the terms specified in the plan of operation and may be cited for not
doing so.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1502(a)(7), 1507, 1512, 1520 and 1531, Health and Safety Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Change without regulatory effect amending lettering and correcting cross- references filed 5-25-91 pursuant to section
100, title 1, California Code of Regulations (Register 91, No. 28).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
4
§ 81022. Plan of Operation., 22 CA ADC § 81022
3. Editorial correction of printing error in subsection (a)(3) (Register 91, No. 32).
4. Change without regulatory effect amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California
Code of Regulations (Register 2016, No. 2).
5. Amendment of subsections (b)(2), (b)(8)(A) and (b)(12), new subsections (b)(22)-(b)(23)(A) and amendment of
subsections (c), (d), (e) and (h) filed 9-7-2017; operative 9-7-2017 pursuant to Government Code section 11343.4(b)(3)
(Register 2017, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81022, 22 CA ADC § 81022
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
5
§ 81023. Disaster and Mass Casualty Plan., 22 CA ADC § 81023
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 3. Applications Procedures
22 CCR § 81023
§ 81023. Disaster and Mass Casualty Plan.
(a) Each licensee shall have and maintain on file a current, written disaster and mass casualty plan of action.
(b) The plan shall be subject to review by the licensing agency and shall include:
(1) Designation of administrative authority and staff assignments.
(2) Contingency plans for action during fires, floods, and earthquakes, including but not limited to the following:
(A) Means of exiting.
(B) Transportation arrangements.
(C) Relocation sites which are equipped to provide safe temporary accommodation for clients.
(D) Arrangements for supervision of clients during evacuation or relocation, and for contact after relocation to
ensure that relocation has been completed as planned.
(E) Means of contacting local agencies, including but not limited to the fire department, law enforcement agencies,
and civil defense and other disaster authorities.
(c) The licensee shall instruct all clients, age and abilities permitting, all staff, and/or members of the household in their
duties and responsibilities under the plan.
(d) Disaster drills shall be conducted at least every six months.
(1) Completion of such drills shall not require travel away from the facility grounds or contact with local disaster
agencies.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81023. Disaster and Mass Casualty Plan., 22 CA ADC § 81023
(2) The drills shall be documented and the documentation maintained in the facility for at least one year.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1520 and 1531, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81023, 22 CA ADC § 81023
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81024. Waivers and Exceptions., 22 CA ADC § 81024
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 3. Applications Procedures
22 CCR § 81024
§ 81024. Waivers and Exceptions.
(a) Unless prior written licensing agency approval is received as specified in Section 81024(b) below, all licensees shall
maintain continuous compliance with the licensing regulations.
(b) The licensing agency shall have the authority to approve the use of alternate concepts, programs, services,
procedures, techniques, equipment, space, personnel qualifications or staffing ratios, or the conduct of experimental or
demonstration projects under the following circumstances:
(1) Such alternatives shall be carried out with provisions for safe and adequate services, and shall in no instance be
detrimental to the health and safety of any facility client.
(2) The applicant or licensee shall submit to the licensing agency a written request for a waiver or exception, together
with substantiating evidence supporting the request.
(3) The licensing agency shall provide written approval or denial of the request.
(c) Within 30 days of receipt of a request for a waiver or an exception, the licensing agency shall notify the applicant or
licensee, in writing, of one of the following:
(1) The request with substantiating evidence has been received and accepted for consideration.
(2) The request is deficient, describing additional information required for the request to be acceptable and a time
frame for submitting this information.
(A) Failure of the applicant or licensee to comply within the time specified in Section 81024(c)(2) above shall result
in denial of the request.
(d) Within 30 days of receipt of an acceptable request for a waiver or an exception, the licensing agency shall notify the
applicant or licensee, in writing, whether the request has been approved or denied.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81024. Waivers and Exceptions., 22 CA ADC § 81024
(e) The Department shall notify the California Department of Health Care Services of all waiver and exception requests.
(1) A copy of the approval or denial shall be sent to the California Department of Health Care Services.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1502(a)(7), 1509 and 1531, Health and Safety Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Repealer of subsections (c) and (d) filed 8-8-91; operative 9-9-91 (Register 91, No. 50).
3. Change without regulatory effect amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California
Code of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81024, 22 CA ADC § 81024
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81025. Bonding., 22 CA ADC § 81025
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 3. Applications Procedures
22 CCR § 81025
§ 81025. Bonding.
(a) The licensee shall submit an affidavit, on a form provided by the licensing agency, stating whether he/she safeguards
or will safeguard cash resources of clients; and the maximum amount of cash resources to be safeguarded for all clients,
or for each client in any month.
(b) All licensees, other than governmental entities, who are entrusted to care for and control clients' cash resources shall
file or have on file with the licensing agency, a bond issued by a surety company to the State of California as principal.
(c) The amount of the bond shall be according to the following schedule:
Amount Safeguarded per Month
Bond Required
$750 or less
$1,000
$751 to $1,500
$2,000
$1,501 to $2,500
$3,000
Every further increment of $1,000 or fraction thereof shall require an additional $1,000 on the bond.
(d) The licensee shall submit a new affidavit and bond to the licensing agency prior to the licensee safeguarding amounts
of clients' cash resources in excess of the current bond.
(e) Whenever the licensing agency determines that the amount of the bond is insufficient to provide necessary protection
of clients' cash resources, or whenever the amount of any bond is impaired by any recovery against the bond, the licensing
agency shall have the authority to require the licensee to file an additional bond in such amount as the licensing agency
determines to be necessary to protect clients' cash resources.
(f) The provisions of this section shall not apply if the licensee meets the requirements specified in Section 1560 of the
Health and Safety Code.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81025. Bonding., 22 CA ADC § 81025
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1560 and 1561, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81025, 22 CA ADC § 81025
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81026. Safeguards for Cash Resources, Personal Property,..., 22 CA ADC § 81026
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 3. Applications Procedures
22 CCR § 81026
§ 81026. Safeguards for Cash Resources, Personal Property, and Valuables.
(a) A licensee shall not be required to admit or continue to care for any client whose incapacities, as documented by the
initial or subsequent needs appraisals, would require the licensee to handle such client's cash resources.
(b) If such a client is admitted for or maintained in care, his/her cash resources, personal property, and valuables not
handled by a person outside the facility who has been designated by the client or his/her authorized representative shall
be handled by the licensee or facility staff, and shall be safeguarded in accordance with the requirements specified in
Section 81026(c) through (n) below.
(c) Except where provided for in approved continuing care agreements, no licensee or employee of a licensee shall:
(1) accept appointment as a guardian or conservator of the person and/or estate of any client;
(2) accept any general or special power of attorney except for Medi-Cal or Medicare claims for any client;
(3) become the substitute payee for any payments made to any client.
(A) This requirement does not apply to a licensee who is appointed by the Social Security Administration as
representative payee for the client.
(4) become the joint tenant on any account specified in Section 81026(i) with a resident.
(d) Cash resources, personal property, and valuables of clients handled by the licensee shall be free from any liability
the licensee incurs.
(e) Cash resources, personal property, and valuables of clients shall be separate and intact, and shall not be commingled
with facility funds or petty cash.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81026. Safeguards for Cash Resources, Personal Property,..., 22 CA ADC § 81026
(1) The above requirement shall not prohibit the licensee from providing advances or loans to clients from facility
funds.
(A) Documentation of such transactions shall be maintained in the facility.
(f) The licensee or employee of a licensee shall not make expenditures from clients' cash resources for any basic services
specified in these regulations, or for any basic services identified in a contract/admission agreement between the client
and the licensee.
(1) This requirement does not apply to a licensee who is appointed by the Social Security Administration as
representative payee for the clients.
(g) The licensee shall not commingle cash resources and valuables of clients with those of another community care facility
of a different license number regardless of joint ownership.
(h) Each licensee shall maintain accurate records of accounts of cash resources, personal property, and valuables
entrusted to his/her care, including, but not limited to the following:
(1) Records of clients' cash resources maintained as a drawing account, which shall include a current ledger
accounting, with columns for income, disbursements and balance, for each client. Supporting receipts for purchases
shall be filed in chronological order.
(A) Receipts for cash provided to any client from his/her account(s) shall include the client's full signature or mark,
or authorized representative's full signature or mark, and a statement acknowledging receipt of the amount and date
received, as follows: “(full signature of client) accepts (dollar amount) (amount written cursive), this date (date),
from (payor).”
(B) The store receipt shall constitute the receipt for purchases made for the client from his/her account.
(C) The original receipt for cash resources, personal property or valuables entrusted to the licensee shall be provided
to the client's authorized representative, if any, otherwise to the client.
(2) Bank records for transactions of cash resources deposited in and drawn from the account specified in (i) below.
(i) Immediately upon admission of a client, all of his/her cash resources entrusted to the licensee and not kept in the
licensed facility shall be deposited in any type of bank, savings and loan, or credit union account meeting the following
requirements:
(1) The account shall be maintained as a trust account separate from the personal or business accounts of the licensee.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81026. Safeguards for Cash Resources, Personal Property,..., 22 CA ADC § 81026
(2) The account title shall clearly note that the account contains client cash resources.
(3) The licensee shall provide access to the cash resources upon demand by the client or his/her authorized
representative.
(4) The account shall be maintained in a local bank, savings and loan or credit union authorized to do business in
California, the deposits of which are insured by a branch of the Federal Government.
(A) A local public agency shall have the authority to deposit such cash resources with the public treasurer.
(j) Cash resources entrusted to the licensee and kept on the facility premises, shall be kept in a locked and secure location.
(k) Upon discharge of a client, all cash resources, personal property, and valuables of that client which have been
entrusted to the licensee shall be surrendered to the client, or his/her authorized representative, if any.
(1) The licensee shall obtain and retain a receipt signed by the client or his/her authorized representative.
(l) Upon the death of a client, all cash resources, personal property and valuables of that client shall immediately be
safeguarded in accordance with the following requirements:
(1) All cash resources shall be placed in an account as specified in Section 81026(i) above.
(2) The executor or the administrator of the estate shall be notified by the licensee of the client's death, and the cash
resources, personal property, and valuables shall be surrendered to said party in exchange for a signed, itemized
receipt.
(3) If no executor or administrator has been appointed, the authorized representative, if any, shall be notified by
the licensee of the client's death, and the cash resources, personal property, and valuables shall be surrendered to
said person in exchange for a signed, itemized receipt.
(4) If the licensee is unable to notify a responsible party as specified in Section 81026(l)(2) or (l)(3) above, the licensee
shall give immediate written notice of the client's death to the public administrator of the county as provided in
Section 7600.5 of the California Probate Code.
(m) The following requirements shall be met whenever there is a proposed change of licensee:
(1) The licensee shall notify the licensing agency of any pending change of licensee, and shall provide the licensing
agency an accounting of each client's cash resources, personal property and valuables entrusted to his/her care.
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3
§ 81026. Safeguards for Cash Resources, Personal Property,..., 22 CA ADC § 81026
(A) Such accounting shall be made on a form provided or approved by the licensing agency.
(2) Provided the licensing agency approves the application for the new licensee, the form specified in Section
81026(m)(1)(A) above shall be updated, signed by both the former and new licensee, and forwarded to the licensing
agency.
(n) The licensee shall maintain a record of all monetary gifts, and of any other gift exceeding an estimated value of $100,
provided by or on behalf of a client to the licensee, administrator or staff.
(1) The record shall be attached to the account(s) specified in Section 81026(h) above if the client's cash resources,
personal property or valuables have been entrusted to the licensee.
(2) Monetary gifts or valuables given by friends or relatives of a deceased client shall not be subject to the
requirements specified in Section 81026(n) and (n)(1) above.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; Sections 1501, 1531 and 1560, Health and Safety Code; and 20 CFR 416.601.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
2. Amendment of sections (a) and (b) filed 9-7-2017; operative 9-7-2017 pursuant to Government Code section 11343.4(b)
(3) (Register 2017, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81026, 22 CA ADC § 81026
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
4
§ 81027. Initial Application Review., 22 CA ADC § 81027
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 3. Applications Procedures
22 CCR § 81027
§ 81027. Initial Application Review.
(a) Within 90 days of receipt of the application by the licensing agency, the licensing agency shall give written notice to
the applicant of one of the following:
(1) The application is complete.
(2) The application is deficient, describing what documents are outstanding and/or inadequate, and informing the
applicant that the information must be submitted within 30 days of the date of the notice.
(A) If the applicant does not submit the required information within the 30 days, the application shall be deemed
withdrawn unless either the licensing agency has denied the application or the facility is under construction.
(b) The licensing agency shall cease review of any application under the conditions specified in Section 1520.3 of the
Health and Safety Code.
(1) If cessation of review occurs, the application shall be returned to the applicant. It shall be the responsibility of
the applicant to request resumption of review as specified in Health and Safety Code section 1520.3.
(c) The circumstances and the conditions in which the licensing agency may continue to review a previously denied
application shall include, but not limited to, the following:
(1) A fire clearance previously denied, but now approved;
(2) An administrator who did not meet the minimum qualifications, but now fulfills the qualifications; or
(3) A person with a criminal record, which was the basis for license denial, is no longer associated with the facility.
(d) The application review shall not constitute approval of the application.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81027. Initial Application Review., 22 CA ADC § 81027
(e) The application fees shall be nonrefundable as specified in Section 81036(d).
Note: Authority cited: Sections 1524 and 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare
and Institutions Code; and Sections 1520, 1520.3, 1523.1 and 1524, Health and Safety Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Repealer of section filed 8-8-91; operative 9-9-91 (Register 91, No. 50).
3. Change without regulatory effect amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California
Code of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81027, 22 CA ADC § 81027
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81028. Capacity Determination., 22 CA ADC § 81028
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 3. Applications Procedures
22 CCR § 81028
§ 81028. Capacity Determination.
(a) A license shall be issued for a specific capacity.
(b) The number of persons for whom the facility is licensed to provide care and supervision shall be determined on the
basis of the application review by the licensing agency, which shall take into consideration the following:
(1) The fire clearance specified in Section 81020.
(2) The licensee's/administrator's ability to comply with applicable law and regulation.
(3) Any other household members, including but not limited to persons under guardianship or conservatorship,
who reside at the facility and their individual needs.
(4) Physical features of the facility, including available living space, which are necessary in order to comply with
regulations.
(5) Number of available staff to meet the care and supervision needs of the clients.
(6) Any restrictions pertaining to a social rehabilitation facility.
(c) The licensing agency shall be authorized to issue a license for fewer clients than is requested when the licensing agency
determines that:
(1) The licensee's responsibilities to other persons in the home, including persons under guardianship and
conservatorship, would preclude provision of the care required by these regulations.
(d) When the license is issued for fewer clients than requested, the licensee shall be notified in writing of the reasons for
the limitation and of the licensee's rights to appeal the decision as specified in Section 81040.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81028. Capacity Determination., 22 CA ADC § 81028
(e) The licensing agency shall have the authority to decrease existing licensed capacity with the licensee's agreement, when
there is a change in any of the factors specified in Section 81028(b) above.
(1) If the licensee does not agree to the decrease in capacity, the licensing agency shall have the authority to initiate
revocation action as specified in Section 81042.
(f) The licensing agency shall be authorized to restrict care to specific individuals.
(1) If care and supervision is limited to specific individuals, the licensing agency shall specify the names of the
individuals in a letter to the licensee.
(2) Except where the limitation is requested by the licensee, the licensee shall be notified in writing of the reasons
for such limitation and of the licensee's right to appeal the decision as specified in Section 81040.
Note: Authority cited: Section 1530, Health and Safety Code; and Section 10554, Welfare and Institutions Code.
Reference: Sections 5670 and 5671, Welfare and Institutions Code; and Sections 1501, 1524, and 1531, Health and Safety
Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81028, 22 CA ADC § 81028
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81029. Withdrawal of Application., 22 CA ADC § 81029
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 3. Applications Procedures
22 CCR § 81029
§ 81029. Withdrawal of Application.
(a) An applicant shall have the right to withdraw an application.
(1) Such withdrawal shall be in writing.
(2) The fee for processing the application shall be forfeited.
Note: Authority cited: Sections 1530 and 1553, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare
and Institutions Code; and Sections 1520, 1523.1, 1524 and 1553, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81029, 22 CA ADC § 81029
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81030. Provisional License., 22 CA ADC § 81030
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 3. Applications Procedures
22 CCR § 81030
§ 81030. Provisional License.
(a) The licensing agency shall have the authority to issue a provisional license to an applicant, pending action under
Sections 81031 or 81040 on a completed application for an initial license, if it determines that all of the following
circumstances exist:
(1) The facility is in substantial compliance with applicable law and regulation.
(2) An urgent need for licensure exists.
(3) A corporate applicant's board of directors, executive director and officer are eligible for licensure as specified
in Health and Safety Code section 1520.11(b).
(b) The capacity of a provisional license shall be limited to the number of clients for whom urgent need has been
established, or the capacity established for the specific facility, whichever is less.
(c) The licensing agency shall have the authority to issue a provisional license for a maximum of six months when it
determines that full compliance with licensing regulations will be achieved within that time period.
(d) The licensing agency shall have the authority to issue a provisional license for a maximum of 12 months when it
determines, at the time of application, that more than six months is required to achieve full compliance with licensing
regulations due to circumstances beyond the control of the applicant.
(e) If, during the provisional license period, the licensing agency discovers any serious deficiencies, the Department shall
have the authority to institute administrative action or civil proceedings, or to refer the case for criminal prosecution.
(f) A provisional license shall not be renewable and shall terminate on the date specified on the license, or upon denial
of the application, whichever is earlier.
Note: Authority cited: Sections 1530 and 1553, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare
and Institutions Code; and Sections 1520, 1520.11, 1524, 1525.5, 1550 and 1553, Health and Safety Code.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81030. Provisional License., 22 CA ADC § 81030
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81030, 22 CA ADC § 81030
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81031. Issuance of License., 22 CA ADC § 81031
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 3. Applications Procedures
22 CCR § 81031
§ 81031. Issuance of License.
(a) Within 90 days of the date that a completed application, as defined in Section 81001(c)(10), has been received, the
licensing agency 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) The notice of denial shall include the information specified in Section 81040.
(b) The licensing agency shall notify the applicant in writing, of the issuance of the license.
(1) Issuance of the license itself shall constitute written notification of license approval.
(c) No limitation shall be imposed on the licensee or printed on the license solely on the basis that a licensee is a parent who
has administered or will continue to administer corporal punishment, not constituting child abuse as defined in Section
11165, subdivision (g) of the Penal Code, or Section 1531.5(c) of the Health and Safety Code, on his/her own child(ren).
(d) The licensing agency's completed review of an application for the two years immediately preceding this regulation
has been approximately:
(1) A minimum of 30 days.
(2) A median of 90 days.
(3) A maximum of 180 days.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81031. Issuance of License., 22 CA ADC § 81031
Note: Authority cited: Sections 1530 and 1553, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare
and Institutions Code; and Sections 1509, 1520, 1520.5, 1525, 1526 and 1553, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2). For prior history, see Register 91, No. 50.
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81031, 22 CA ADC § 81031
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81034. Submission of New Application., 22 CA ADC § 81034
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 3. Applications Procedures
22 CCR § 81034
§ 81034. Submission of New Application.
(a) A licensee shall file a new application as required by Section 81018 whenever there is a change in the conditions or
the limitations described on the current license, or other changes, including, but not limited to, the following:
(1) Any change in the location of the facility.
(2) Any change of licensee, including, but not limited to, the following, when the licensee is a corporation.
(A) Sale or transfer of the majority of stock.
(B) Separating from a parent company.
(C) Merger with another company.
(3) Any change in facility category.
(4) Any increase in capacity.
(A) The licensing agency shall have the authority to grant capacity increases without resubmission of an application
following a licensing agency review and the securing of an appropriate fire clearance.
(5) A permanent change in any client from ambulatory to nonambulatory status.
(b) A new application as required by Section 81018 shall be filed whenever an applicant fails to complete a new application
within the time limit required by Section 81027(a) if the applicant chooses to continue the application process.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1520, 1523.1 and 1531, Health and Safety Code.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81034. Submission of New Application., 22 CA ADC § 81034
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81034, 22 CA ADC § 81034
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81035. Conditions for Forfeiture of a License., 22 CA ADC § 81035
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 3. Applications Procedures
22 CCR § 81035
§ 81035. Conditions for Forfeiture of a License.
(a) Conditions for forfeiture of a social rehabilitation facility license may be found in Section 1524 of the Health and
Safety Code.
(b) “Licensee abandons the facility” shall mean either of the following:
(1) The licensee informs the licensing agency that the licensee no longer accepts responsibility for the facility; or
(2) The licensing agency is unable to determine the licensee's whereabouts after the following:
(A) The licensing agency requests information about the licensee's whereabouts from the facility's staff, if any staff
can be contacted; and
(B) The licensing agency has made at least one (1) phone call per day, to the licensee's last telephone number of
record, for five (5) consecutive workdays with no response; and
(C) The licensing agency has sent a certified letter, requesting the licensee to contact the licensing agency, to the
licensee's last mailing address of record with no response within seven (7) calendar days.
(c) If the facility licensee dies, an adult relative who has control of the property shall be permitted to operate a previously
licensed facility under an Emergency Approval to Operate - LIC 9117 (8/14) (EAO) providing the following conditions
are met:
(1) The relative, or an adult acting on the relative's behalf, notifies the Department by telephone during the first
working day after the licensee's death that the relative intends to operate the social rehabilitation facility.
(2) The relative files with the Department within five days of the licensee's death an Application for a Community
Care Facility or Residential Care Facility for the Elderly License - LIC 200 (7/91), and evidence of the licensee's
death as defined in Section 81001(e)(6).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81035. Conditions for Forfeiture of a License., 22 CA ADC § 81035
(A) Notwithstanding the instructions on the Application for a Community Care Facility or Residential Care Facility
for the Elderly License - LIC 200 (7/91), the Department shall permit the relative to submit only the information
on the front side of that form.
(3) The relative files with the California Department of Justice within five calendar days of the licensee's death his/
her fingerprint cards.
(d) If the adult relative complies with Section 81035(c)(1) and (2) above, he/she shall not be considered to be operating
an unlicensed facility pending the Department's decision on whether to approve a provisional license.
(e) The Department shall make a decision within 60 days after the application is submitted on whether to issue a
provisional license pursuant to Section 81030.
(1) A provisional license shall be granted only if the Department is satisfied that the conditions specified in Sections
81035(c) and 81030 have been met and that the health and safety of the residents of the facility will not be
jeopardized.
Note: Authority cited: Sections 1524 and 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare
and Institutions Code; and Sections 1520, 1522, 1523.1, 1524 and 1525.5, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81035, 22 CA ADC § 81035
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81036. Licensing Fees., 22 CA ADC § 81036
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 3. Applications Procedures
22 CCR § 81036
§ 81036. Licensing Fees.
(a) An applicant or a licensee shall be charged fees as specified in Health and Safety Code section 1523.1.
(b) An additional fee shall be charged when a licensee requests an increase or decrease in capacity as specified in Health
and Safety Code section 1523.1(b)(1)(C).
(c) When a licensee moves a facility from one location to another, the relocation fee shall be as specified in Health and
Safety Code section 1523.1(b)(1)(A).
(1) To qualify for the relocation fee, the following shall apply:
(A) The licensee shall notify the licensing agency before actually relocating the facility.
(B) The facility category shall remain the same when relocating the facility.
(C) The fee shall be based on the requested capacity at the new location.
(d) The fees shall be nonrefundable.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1523.1 and 1524, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81036, 22 CA ADC § 81036
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81036. Licensing Fees., 22 CA ADC § 81036
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81040. Denial of Initial License., 22 CA ADC § 81040
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 4. Administrative Actions
22 CCR § 81040
§ 81040. Denial of Initial License.
(a) Except as specified in Section 81030, which provides for issuance of a provisional license based upon substantial
compliance and urgent need, the licensing agency shall deny an application for an initial license if it is determined that
the applicant is not in compliance with applicable law and regulation.
(1) The licensing agency shall have the authority to deny an application for an initial license if the applicant has failed
to pay any civil penalty assessments pursuant to Section 81058 and in accordance with a final judgment issued by a
court of competent jurisdiction, unless payment arrangements acceptable to the licensing agency have been made.
(2) An application for initial licensure shall not be denied solely on the basis that the applicant is a parent who
has administered or will continue to administer corporal punishment, not constituting child abuse as defined in
Section 11165, subdivision (g) of the Penal Code, or Section 1531.5(c) of the Health and Safety Code, on his/her
own child(ren).
(3) An application for licensure shall be denied as specified in Health and Safety Code sections 1520.11(b), (d) and
1550.
(b) If the application for an initial license is denied, the licensing agency shall mail the applicant a written notice of denial.
(1) The notification shall inform the applicant of and set forth the reasons for the denial, and shall advise the
applicant of the right to appeal.
(c) If the application for an initial license is denied, the application processing fee shall be forfeited.
(d) An applicant shall have the right to appeal the denial of the application pursuant to Health and Safety Code section
1526.
(e) Notwithstanding any appeal action, the facility is unlicensed and shall not operate pending adoption by the director
of a decision on the denial action.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81040. Denial of Initial License., 22 CA ADC § 81040
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; Sections 1520, 1520.11, 1523.1, 1525, 1526, 1547, 1548 and 1551, Health and Safety Code; and Section
11500 et seq., Government Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81040, 22 CA ADC § 81040
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81042. Revocation or Suspension of License., 22 CA ADC § 81042
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 4. Administrative Actions
22 CCR § 81042
§ 81042. Revocation or Suspension of License.
(a) The Department shall have the authority to suspend or revoke any license on any of the grounds specified in Health
and Safety Code sections 1550 and 1550.5.
(b) Proceedings to hear a revocation action or a revocation and temporary suspension action shall be conducted pursuant
to the provisions of Health and Safety Code section 1551.
(c) The Department shall initiate revocation action against the license of a Social Rehabilitation Facility when it is found
that the program certification has been withdrawn by the California Department of Health Care Services.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; Sections 1501, 1502(a)(7), 1550, 1550.5 and 1551, Health and Safety Code; and Sections 11500 et seq.,
Government Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Editorial correction of printing error in subsection (b) (Register 91, No. 32).
3. Change without regulatory effect amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California
Code of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81042, 22 CA ADC § 81042
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81043. Licensee/Applicant Complaints., 22 CA ADC § 81043
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 4. Administrative Actions
22 CCR § 81043
§ 81043. Licensee/Applicant Complaints.
(See Manual of Policies and Procedures)
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501 and 1531, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81043, 22 CA ADC § 81043
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81044. Inspection Authority of the Licensing Agency., 22 CA ADC § 81044
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 4. Administrative Actions
22 CCR § 81044
§ 81044. Inspection Authority of the Licensing Agency.
(a) The licensing agency shall have the inspection authority specified in Health and Safety Code sections 1526.5, 1533(a),
1534 and 1538.
(b) The licensing agency shall have the authority to interview clients, including children, or staff members without prior
consent.
(1) The licensee shall ensure that provisions are made for private interviews with any clients, including children, or
any staff members.
(c) The licensing agency shall have the authority to inspect, audit, and copy client or facility records upon demand during
normal business hours. Records may be removed if necessary for copying. Removal of records shall be subject to the
requirements specified in Sections 81066(e) and 81070(d).
(1) The licensee shall ensure that provisions are made for the examination of all records relating to the operation
of the facility.
(d) The licensing agency shall have the authority to observe the physical condition of the client, including conditions
that could indicate abuse, neglect, or inappropriate placement, and to have a licensed medical professional physically
examine the client.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1526.5, 1531, 1533, 1534 and 1538, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81044. Inspection Authority of the Licensing Agency., 22 CA ADC § 81044
22 CCR § 81044, 22 CA ADC § 81044
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81045. Evaluation Visits., 22 CA ADC § 81045
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 4. Administrative Actions
22 CCR § 81045
§ 81045. Evaluation Visits.
(a) A social rehabilitation facility shall be evaluated as specified in Health and Safety Code sections 1534 and 1548.
(b) The licensing agency shall have the authority to make any number of other visits to a facility in order to determine
compliance with applicable law and regulation.
Note: Authority cited: Sections 1530 and 1548, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare
and Institutions Code; and Sections 1533, 1534, 1538 and 1548, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81045, 22 CA ADC § 81045
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81046. Exclusions., 22 CA ADC § 81046
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 4. Administrative Actions
22 CCR § 81046
§ 81046. Exclusions.
(a) An individual can be prohibited from serving as a member of a board of directors, executive director, or officer; from
being employed or being present in a licensed facility, as specified in Health and Safety Code sections 1558 and 1558.1.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1558 and 1558.1, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81046, 22 CA ADC § 81046
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81051. Serious Deficiencies., 22 CA ADC § 81051
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 5. Enforcement Provisions
22 CCR § 81051
§ 81051. Serious Deficiencies.
(See Manual of Policies and Procedures)
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1502(a)(7), 1507, 1531 and 1534, Health and Safety Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Change without regulatory amending article heading and Note filed 1-5-2016 pursuant to section 100, title 1, California
Code of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81051, 22 CA ADC § 81051
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81052. Deficiencies in Compliance., 22 CA ADC § 81052
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 5. Enforcement Provisions
22 CCR § 81052
§ 81052. Deficiencies in Compliance.
(a) When a licensing evaluation is conducted and the evaluator determines that a deficiency exists the evaluator shall
issue a notice of deficiency, unless the deficiency is not serious and is corrected during the visit.
(b) Prior to completion of an evaluation or other licensing visit, the licensee, administrator, operator, or other person
in charge of the facility shall meet with the evaluator to discuss any deficiencies noted, to jointly develop a plan for
correcting each deficiency, and to acknowledge receipt of the notice of deficiency.
(c) The evaluator shall provide the notice of deficiency to the licensee by one of the following:
(1) Personal delivery to the licensee, at the completion of the visit.
(2) If the licensee is not at the facility site, leaving the notice with the person in charge of the facility at the completion
of the visit.
(A) Under such circumstances, a copy of the notice shall also be mailed to the licensee.
(3) If the licensee or the person in charge of the facility refuses to accept the notice a notation of the refusal shall
be written on the notice and a copy left at the facility.
(A) Under such circumstances, a copy of the notice shall also be mailed to the licensee.
(d) The notice of deficiency shall be in writing and shall include the following:
(1) Citation of the statute or regulation that has been violated.
(2) A description of the nature of the deficiency stating the manner in which the licensee failed to comply with a
specified statute or regulation, and the particular place or area of the facility in which it occurred.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81052. Deficiencies in Compliance., 22 CA ADC § 81052
(3) The plan developed, as specified in (b) above, for correcting each deficiency.
(4) A date by which each deficiency shall be corrected.
(A) In determining the date for correcting a deficiency, the evaluator shall consider the following factors:
1. The potential hazard presented by the deficiency.
2. The number of clients affected.
3. The availability of equipment or personnel necessary to correct the deficiency.
4. The estimated time necessary for delivery and any installation of necessary equipment.
(B) The date for correcting a deficiency shall not be more than 30 calendar days following service of the notice of
deficiency, unless the evaluator determines that the deficiency cannot be completely corrected in 30 calendar days.
(C) If the date for correcting the deficiency is more than 30 calendar days following service of the notice of deficiency,
the notice shall specify the corrective actions which must be taken within 30 calendar days to begin correction.
(D) The evaluator shall require correction of the deficiency within 24 hours and shall specify on the notice the date
by which the correction must be made whenever penalties are assessed pursuant to Sections 81054(c), (d) and (e).
(5) The amount of penalty being assessed and the date the penalty begins.
(6) The address and the telephone number of the licensing office responsible for reviewing notices of deficiencies
for the area in which the facility is located.
Note: Authority cited: Sections 1530 and 1548, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare
and Institutions Code; and Sections 1534 and 1548, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81052, 22 CA ADC § 81052
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81052. Deficiencies in Compliance., 22 CA ADC § 81052
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 81053. Follow-up Visits to Determine Compliance., 22 CA ADC § 81053
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 5. Enforcement Provisions
22 CCR § 81053
§ 81053. Follow-up Visits to Determine Compliance.
(a) A follow-up visit shall be conducted to determine compliance with the plan of correction specified in the notice of
deficiency.
(1) At a minimum, a follow-up visit shall be conducted within ten working days following the dates of corrections
specified in the notice of deficiency, unless the licensee has demonstrated that the deficiency was corrected as
required.
(2) No penalty shall be assessed unless a follow-up visit is conducted as specified in (a) and (a)(1) above.
(b) If a follow-up visit indicates that a deficiency was not corrected on or before the date specified in the notice of
deficiency, the evaluator shall issue a notice of penalty.
(c) A notice of penalty shall be in writing and shall include:
(1) The amount of the penalty assessed, and the date the payment is due.
(2) The name and address of the agency responsible for collection of the penalty.
(d) When an immediate penalty has been assessed pursuant to Sections 81054(c), (d), (e) and (f), and correction is made
when the evaluator is present, a follow-up visit is not required.
Note: Authority cited: Sections 1530 and 1548, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare
and Institutions Code; and Sections 1533, 1534 and 1548, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81053. Follow-up Visits to Determine Compliance., 22 CA ADC § 81053
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81053, 22 CA ADC § 81053
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81054. Penalties., 22 CA ADC § 81054
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 5. Enforcement Provisions
22 CCR § 81054
§ 81054. Penalties.
(a) A penalty of $50 per day, per cited violation, shall be assessed for serious deficiencies that are not corrected by the
date specified in the notice of deficiency, up to a maximum of $150 per day.
(b) Notwithstanding Section 81054(a) above, an immediate penalty of $100 per cited violation per day for a maximum
of five (5) days shall be assessed if any individual required to be fingerprinted under Health and Safety Code section
1522(b) has not obtained a California clearance or a criminal record exemption, requested a transfer of a criminal record
clearance, or requested and be approved for a transfer of an exemption as specified in Section 81019(e) prior to working,
residing or volunteering in the facility.
(1) Subsequent violations within a twelve (12) month period will result in a civil penalty of one hundred dollars
($100) per violation per day for a maximum of thirty (30) days.
(2) The Department may assess civil penalties for continued violations as permitted by Health and Safety Code
section 1548.
(3) Progressive civil penalties specified in Sections 81054(d) and (e) below shall not apply.
(c) Notwithstanding Section 81054(a) above, an immediate penalty of $150 per day shall be assessed for any of the
following:
(1) Sickness, injury or death of a client that has occurred as a result of the deficiency.
(d) When a facility is cited for a deficiency and violates the same regulation subsection within a 12-month period, the
facility shall be cited and an immediate penalty assessment of $150 per cited violation shall be assessed for one day only.
Thereafter, a penalty of $50 per day, per cited violation, shall be assessed until the deficiency is corrected.
(e) When a facility that was cited for a deficiency subject to the immediate penalty assessment in Section 81054(d) above,
violates the same regulation subsection within a 12-month period of the last violation, the facility shall be cited and an
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81054. Penalties., 22 CA ADC § 81054
immediate penalty of $150 per cited violation shall be assessed for one day only. Thereafter, a penalty of $150 per day
per cited violation shall be assessed until the deficiency is corrected.
(1) For purposes of Sections 81054(d) and (e) above, a regulation subsection is the regulation denoted by a lowercase letter after the main regulation number.
(f) If any deficiency is not corrected by the date specified in the notice of deficiency, a penalty shall be assessed for each
day following that date until compliance has been demonstrated.
(1) Immediate penalty assessment, as specified in (c), (d) and (e) above, shall begin on the day the deficiency is cited.
(g) If a licensee or his/her representative reports to the licensing agency that a deficiency has been corrected, the penalty
shall cease as of the day the licensing agency receives notification that the correction was made.
(1) If the deficiency has not been corrected, civil penalties shall continue to accrue from the date of the original
citation.
(2) If it can be verified that the correction was made prior to the date of notification, the penalty shall cease as of
that earlier date.
(h) If necessary, a site visit shall be made immediately or within five working days to confirm that the deficiency has
been corrected.
(i) If an immediate civil penalty is assessed, and the deficiency is corrected on the same day, the penalty shall still be
assessed for that day.
(j) Unless otherwise ordered by the Department, all penalties are due and payable upon receipt of notice for payment,
and shall be paid only by check or money order made payable to the agency indicated in the notice.
(k) The licensing agency shall have the authority to file a claim in a court of competent jurisdiction or to take other
appropriate action for failure to pay penalties as specified in Section 81054(j) above.
Note: Authority cited: Sections 1530 and 1548, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare
and Institutions Code; and Sections 1522, 1534 and 1548, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81054. Penalties., 22 CA ADC § 81054
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81054, 22 CA ADC § 81054
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 81055. Administrative Review., 22 CA ADC § 81055
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 5. Enforcement Provisions
22 CCR § 81055
§ 81055. Administrative Review.
(a) A licensee or his/her representative shall have the right to request a review of a notice of deficiency and/or notice of
penalty within 10 working days of receipt of such notice(s).
(1) If the deficiency has not been corrected, civil penalties shall continue to accrue during the review process.
(b) The review shall be conducted by a higher-level staff person than the evaluator who issued the notice(s).
(c) If the reviewer determines that a notice of deficiency or notice of penalty was not issued or assessed in accordance
with applicable statutes and regulations of the Department, or that other circumstances existed, he/she shall have the
authority to amend or dismiss the notice.
(d) The reviewer shall have the authority to extend the date specified for correction of a deficiency if warranted by the
facts or circumstances presented to support a request for extension.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Section 1534, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81055, 22 CA ADC § 81055
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81055.1. Denial or Revocation of License for Failure to..., 22 CA ADC § 81055.1
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 5. Enforcement Provisions
22 CCR § 81055.1
§ 81055.1. Denial or Revocation of License for Failure to Pay Civil Penalties.
(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.
(b) The Department shall have the authority to deny or revoke any license for failure to pay civil penalty assessments.
(1) The Department shall have the authority to approve payment arrangements acceptable to the Department.
(2) The Department shall have the authority to approve the form of payment.
(3) The licensee's failure to pay civil penalty assessments pursuant to a payment plan approved by the Department
may result in the denial or the revocation of any license, and/or any other appropriate action.
(c) Any denial or revocation of the license for failure to pay civil penalties may be appealed as provided by Health and
Safety Code section 1551.
Note: Authority cited: Section 1530 and 1548, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1522, 1534, 1548 and 1551, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81055.1, 22 CA ADC § 81055.1
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1
§ 81055.1. Denial or Revocation of License for Failure to..., 22 CA ADC § 81055.1
End of Document
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© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81056. Exemption from Civil Penalties., 22 CA ADC § 81056
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 5. Enforcement Provisions
22 CCR § 81056
§ 81056. Exemption from Civil Penalties.
(a) Civil penalties shall not be assessed against any governmental entity, including a state or city, holding a community
care facility license.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Section 1534, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81056, 22 CA ADC § 81056
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81058. Unlicensed Facility Penalties., 22 CA ADC § 81058
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 5. Enforcement Provisions
22 CCR § 81058
§ 81058. Unlicensed Facility Penalties.
(a) A penalty of $200 per day shall be assessed for the operation of an unlicensed facility under either of the following
conditions:
(1) The operator has not submitted a completed application for licensure within 15 calendar days of issuance of the
Notice of Operation in Violation of Law pursuant to Section 81006, and continues to operate.
(A) For purposes of this section, an application shall be deemed completed if it includes the information required
in Section 81018.
(B) The completed application shall be deemed to be submitted when received by the licensing agency.
(2) Unlicensed operation continues after denial of the initial application.
(A) Notwithstanding any appeal action, facility operation must cease within 10 calendar days of the mailing of the
notice of denial or upon receipt of the denial notice by the operator, whichever occurs first.
(b) The $200 per day penalty shall be assessed for the continued operation of an unlicensed facility as follows:
(1) On the 16th calendar day after the operator has been issued the Notice of Operation in Violation of Law, and
has not submitted a completed application as required.
(A) The $200 per day penalty shall continue until the operator ceases operation, or submits a completed application
pursuant to Sections 81058(a)(1)(A) and (a)(1)(B).
(2) Within 10 calendar days of the mailing of the notice of denial or upon receipt of the denial notice by the operator,
whichever occurs first.
(A) The $200 per day penalty shall continue until the operator ceases operation.
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1
§ 81058. Unlicensed Facility Penalties., 22 CA ADC § 81058
(c) If the unlicensed operator or his/her representative reports to the licensing agency that unlicensed operation, as defined
in Section 1503.5 of the Health and Safety Code, has ceased, the penalty shall cease as of the day the licensing agency
receives the notification.
(1) A site visit shall be made immediately or within five working days to verify that the unlicensed facility operation
has ceased.
(2) Notwithstanding Section 81058(c) above, if the unlicensed facility operation has not ceased, penalties shall
continue to accrue without interruption from the date of initial penalty assessment.
(d) All penalties shall be due and payable upon receipt of the Notice for Payment from the licensing agency, and shall
be paid by check or money order made payable to the agency indicated in the notice.
(e) The licensing agency shall have the authority to file a claim in a court of competent jurisdiction or to take other
appropriate action for failure to pay penalties as specified in Section 81058(d) above.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1503.5, 1508, 1520, 1533, 1538, 1540, 1540.1, 1541, 1547 and 1549, Health and Safety
Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81058, 22 CA ADC § 81058
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81059. Unlicensed Facility Administrative Appeal., 22 CA ADC § 81059
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 5. Enforcement Provisions
22 CCR § 81059
§ 81059. Unlicensed Facility Administrative Appeal.
(a) An unlicensed facility operator or his/her representative shall have the right to appeal the penalty assessment within
10 working days after service of the penalty assessment.
(1) If the unlicensed facility operation has not ceased, the $200 per day penalty shall continue to accrue during the
appeal process.
(b) The appeal review shall be conducted by a higher-level staff person than the evaluator who issued the penalty.
(c) If the reviewer of the appeal determines that the penalty assessment was not issued in accordance with applicable
statutes and regulations of the Department, he/she shall have the authority to amend or dismiss the penalty assessment.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1503.5, 1508, 1547 and 1548, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81059, 22 CA ADC § 81059
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81060. Basic Services., 22 CA ADC § 81060
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81060
§ 81060. Basic Services.
(a) For SSI/SSP recipients who are residents, the basic services shall be provided and/or made available at the basic rate
with no additional charge to the resident.
(1) This shall not preclude the acceptance by the facility of voluntary contributions from relatives or others on behalf
of an SSI/SSP recipient.
(2) An extra charge to the resident shall be allowed for a private room if a double room is made available but
the resident prefers a private room, provided the arrangement is documented in the admissions agreement and the
charge is limited to 10% of the Board and Room portion of the SSI/SSP grant.
(3) An extra charge to the resident shall be allowed for provision of special food services or products beyond that
specified in Section 81076(a)(2) and (a)(4) when the resident wishes to purchase the services and agrees to the extra
charge in the admissions agreement.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670, 5671 and 12350, Welfare and
Institutions Code; and Sections 1501 and 1502(a)(7), Health and Safety Code.
HISTORY
1. New section filed 3-20-96; operative 4-19-96 (Register 96, No. 12).
2. Change without regulatory amending subsection (a)(3) and amending Note filed 1-5-2016 pursuant to section 100,
title 1, California Code of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81060, 22 CA ADC § 81060
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81061. Reporting Requirements., 22 CA ADC § 81061
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81061
§ 81061. Reporting Requirements.
(a) Each licensee or applicant shall furnish to the licensing agency reports as required by the Department, including, but
not limited to, those specified in this section.
(b) Upon the occurrence, during the operation of the facility, of any of the events specified in Section 81061(b)(1) below,
a report shall be made to the licensing agency within the agency's next working day during its normal business hours.
In addition, a written report containing the information specified in Section 81061(b)(2) below shall be submitted to the
licensing agency within seven days following the occurrence of such event.
(1) Events reported shall include the following:
(A) Death of any client from any cause.
(B) In a residential facility, death of any client as a result of injury, abuse, or other than natural causes, regardless
of where the death occurred. This includes a death that occurred outside the facility such as at a day program,
workshop, job, hospital, en route to or from a hospital, or visiting away from the facility.
1. The licensee shall obtain a certified copy of the client's death certificate as soon as it is available, maintain
it in the client's file, and shall send a copy to the Department as soon as it is obtained.
2. For Regional Center clients, the licensee shall also send a copy of the death certificate to the Regional
Center.
(C) The use of an Automated External Defibrillator.
(D) Any injury to any client which requires medical treatment.
(E) Any unusual incident or client absence which threatens the physical or emotional health or safety of any client.
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1
§ 81061. Reporting Requirements., 22 CA ADC § 81061
(F) Any suspected psychological abuse of any client.
(G) Epidemic outbreaks.
(H) Poisonings.
(I) Catastrophes.
(J) Fires or explosions which occur in or on the premises.
(2) Information provided shall include the following:
(A) Client's name, age, sex, and date of admission.
(B) Date and nature of event.
(C) Attending physician's name, findings, and treatment, if any.
(D) Disposition of the case.
(c) Any suspected physical abuse that results in serious bodily injury of an elder or dependent adult shall be reported to
the local ombudsman, the corresponding licensing agency, and the local law enforcement agency within two (2) hours
as required by Welfare and Institutions Code Section 15630(b)(1).
(d) Any suspected physical abuse that does not result in serious bodily injury of an elder or dependent adult shall be
reported to the local ombudsman, the corresponding licensing agency, and the local law enforcement agency within
twenty-four (24) hours as required by Welfare and Institutions Code Section 15630(b)(1).
(e) The items below shall be reported to the licensing agency within 10 working days following the occurrence.
(1) The organizational changes specified in Section 81034(a)(2).
(2) Any change in the licensee's or applicant's mailing address.
(3) Any change of the chief executive officer of a corporation or association.
(A) Such notification shall include the new chief executive officer's name and address.
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2
§ 81061. Reporting Requirements., 22 CA ADC § 81061
(B) Fingerprints shall be submitted as specified in Section 81019(d).
(4) Any changes in the plan of operation which affect the services to clients.
(f) The items specified in Section 81061(b)(1)(A) through Section 81061(b)(1)(H) above shall also be reported to the
client's authorized representative, if any.
(g) The items specified in Section 81061(b)(1)(E) through Section 81061(b)(1)(G) above shall also be reported to the local
health officer when appropriate pursuant to Title 17, California Administrative Code, Sections 2500, 2502 and 2503.
(h) The item specified in Section 81061(b)(1)(H) shall also be reported immediately to the local fire authority. In areas
not having organized fire services a report shall be made to the State Fire Marshal within 24 hours.
(i) Licensees shall send copies of all substantiated complaints to board members of the licensed facility, parents, legal
guardians, conservators, client rights advocates or placement agencies, as designated in each client's placement agreement
in accordance with Health and Safety Code section 1538.5.
(j) The licensee shall notify the licensing agency, in writing, within 10 working days of a change of administrator or
program director. Such notification shall include the following:
(1) Name, residence and mailing address of the new administrator/program director.
(2) Date he/she assumed his/her position.
(3) Description of his/her background and qualifications, including documentation of required education and
related experience.
Note: Authority cited: Sections 1530, 1538.5 and 15630, Health and Safety Code. Reference: Sections 5670, 5671 and
15630, Welfare and Institutions Code; and Sections 1501, 1502(a)(7), 1507, 1531, 1538.5 and 1797.196, Health and Safety
Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Editorial correction of printing error in subsection (b)(1) (Register 91, No. 32).
3. Change without regulatory amending subsection (a), adopting new subsections (b)-(g), relettering subsections and
amending Note filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 81061. Reporting Requirements., 22 CA ADC § 81061
4. Change without regulatory effect amending subsection (b)(1)(F), adopting new subsections (c) and (d), relettering
subsections and amending Note filed 5-2-2017 pursuant to section 100, title 1, California Code of Regulations (Register
2017, No. 18).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81061, 22 CA ADC § 81061
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
4
§ 81062. Finances., 22 CA ADC § 81062
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81062
§ 81062. Finances.
(a) The licensee shall meet the following financial requirements:
(1) Development and maintenance of a financial plan which ensures resources necessary meet operating costs for
care and supervision of clients.
(2) Maintenance of financial records.
(3) Submission of financial reports as required upon the written request of the department or licensing agency.
(A) Such request shall explain the necessity for disclosure.
(B) The licensing agency shall have the authority to reject any financial report, and to request and examine additional
information including interim financial statements. The reason(s) for rejection of the report shall be in writing.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1520 and 1531, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81062, 22 CA ADC § 81062
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81063. Accountability., 22 CA ADC § 81063
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81063
§ 81063. Accountability.
(a) The licensee, whether an individual or other entity, is accountable for the general supervision of the licensed facility,
and for the establishment of policies concerning its operation.
(1) If the licensee is a corporation or an association, the governing body shall be active and functioning in order
to ensure such accountability.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501 and 1531, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81063, 22 CA ADC § 81063
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81064. Administrator - Qualifications and Duties., 22 CA ADC § 81064
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81064
§ 81064. Administrator - Qualifications and Duties.
(a) All social rehabilitation facilities shall have an administrator.
(b) The administrator shall have the following qualifications prior to employment:
(1) One year of full-time work experience in a management or administrative position; and
(2) Completion, with a passing grade, of 15 college or continuing education semester or equivalent quarter units, of
which 9 units shall be in administration and/or management.
(A) Three years of full-time work experience in a management or administrative position may be substituted to meet
the requirement of Section 81064(b)(2) above.
(c) The administrator shall have the following qualifications:
(1) Attainment of at least 18 years of age.
(2) Knowledge of the requirements for providing the type of care and supervision needed by clients, including the
ability to communicate with such clients.
(3) Knowledge of and ability to comply with applicable law and regulation.
(4) Ability to maintain, or supervise the maintenance of, financial and other records.
(5) Ability to direct the work of others, when applicable.
(6) Ability to establish the facility's policy, program and budget.
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1
§ 81064. Administrator - Qualifications and Duties., 22 CA ADC § 81064
(7) Ability to recruit, employ, train, and evaluate qualified staff, and to terminate employment of staff, if applicable
to the facility.
(d) Each licensee shall make provision for continuing operation and carrying out of the administrator's responsibilities
during any absence of the administrator.
(e) The administrator of the facility shall be responsible for the following:
(1) Communication with the licensee concerning the administrative operations of the facility.
(2) Development of an administrative plan and procedures to define lines of responsibility, workloads, and staff
supervision.
(3) Recruitment, employment, and training of qualified staff, and termination of staff.
(f) Any person designated as an administrator shall be required to complete at least 20-clock-hours of continuing
education per year in areas relating to mental health and the care of the mentally ill, and/or administration.
(g) Persons employed as the administrator in an Adult Residential Facility serving clients who meet the definition of
“mental illness” as contained in Section 81001(m)(3) as of the effective date of this section, shall not be required to meet
the education/experience requirements specified in Section 81064(b) above.
(h) If the administrator is also the program director, he/she shall also meet the requirements of the program director set
forth in California Code of Regulations, Title 9, Division 1, Chapter 3, Article 3.5, Sections 532.6(f), (g), and (i).
(i) The licensee, if an individual, or any member of the governing board of the licensed corporation or association, shall
be permitted to be the administrator provided that he/she meets the qualifications specified in this Chapter.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1502(a)(7) and 1531, Health and Safety Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Change without regulatory effect amending lettering and correcting cross-references filed 5-25-91 pursuant to section
100, title 1, California Code of Regulations (Register 91, No. 28).
3. Change without regulatory amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81064. Administrator - Qualifications and Duties., 22 CA ADC § 81064
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81064, 22 CA ADC § 81064
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 81064.1. Program Director Qualifications and Duties., 22 CA ADC § 81064.1
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81064.1
§ 81064.1. Program Director Qualifications and Duties.
(a) All social rehabilitation facilities shall have a program director.
(b) The program director shall be on the premises the number of hours necessary to manage and administer the treatment
program of the facility in compliance with California Code of Regulations, Title 9, Division 1, Chapter 3, Article 3.5,
Sections 531 through 535 and Title 22, Division 6, Chapter 2, Sections 81001(l)(5), (s)(2) and (t)(2).
(c) When the program director is temporarily absent from the facility, there shall be coverage by a substitute program
director designated in writing by the licensee.
(1) If the absence is for more than 14 consecutive calendar days, excluding emergency leave, sick leave or vacation
of the program director, the designated substitute shall meet the qualifications of a program director set forth by
the Department of Health Care Services.
(d) The program director shall meet the minimum qualifications set forth in California Code of Regulations, Title 9,
Division 1, Chapter 3, Article 3.5, Sections 532.6(f), (g), and (i).
(e) The program director shall ensure the following:
(1) Communication with the licensee concerning the operation of the facility.
(2) Provision of the services identified in each client's individual needs and services plan or required by California
Code of Regulations, Title 9, Division 1, Chapter 3, Article 3.5, Sections 531 through 535 or Title 22, Division 6,
Chapter 2.
(3) Arrangements for clients to attend available community programs, when clients have needs, identified in the
needs and services plan, which cannot be met by the facility but can be met by community programs.
(A) Such arrangements shall include, but not be limited to, arranging for transportation.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81064.1. Program Director Qualifications and Duties., 22 CA ADC § 81064.1
1. This requirement does not exempt the licensee from providing transportation when public
transportation is not practical or when the client is unable to use public transit.
(4) Arrangements for special provision of services to clients with disabilities including visual and auditory
deficiencies.
(5) Development of an employee work schedule as required in Section 81066(a).
(6) Provision of staff support to clients in the planning, preparing, and serving of meals.
(A) If clients are unable to plan, prepare, and serve meals, the program director shall initiate and carry out the
program plan pursuant to Section 81022(b)(17) to ensure the requirements of Section 81076 are met.
(7) Provision of staff support to clients in performing facility maintenance and/or cleaning activities as designated
in the client's treatment/rehabilitation plan.
(A) If clients are unable to perform facility maintenance and/or cleaning activities, the program director shall initiate
and carry out the plan developed pursuant to Section 81022(b)(17) to ensure the requirements of Section 81087(a)
are met.
(f) Any person designated as a program director shall be required to complete at least 20-clock-hours of continuing
education per year in areas relating to mental health and the care of the mentally ill, and/or administration.
(g) If the program director is also the administrator, he/she shall also meet the requirements of the administrator set
forth in Section 81064(b).
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501 and 1502(a)(7), Health and Safety Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Change without regulatory effect amending lettering and correcting cross- references filed 5-25-91 pursuant to section
100, title 1, California Code of Regulations (Register 91, No. 28).
3. Editorial correction of printing error in subsections (d)(1) and (e)(A)(6) (Register 91, No. 32).
4. Change without regulatory amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81064.1. Program Director Qualifications and Duties., 22 CA ADC § 81064.1
5. Redesignation of former subsection (e)(3)(A)(1) as subsection (e)(3)(A)1. filed 9-7-2017; operative 9-7-2017 pursuant
to Government Code section 11343.4(b)(3) (Register 2017, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81064.1, 22 CA ADC § 81064.1
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 81065. Personnel Requirements., 22 CA ADC § 81065
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81065
§ 81065. Personnel Requirements.
(a) Facility personnel shall be competent to provide the services necessary to meet individual client needs and shall, at
all times, be employed in numbers necessary to meet such needs.
(b) The licensing agency shall have the authority to require any licensee to provide additional staff whenever the licensing
agency determines and documents that additional staff are required for the provision of services necessary to meet client
needs. The licensee shall be informed in writing of the reasons for the licensing agency's determination. The following
factors shall be taken into consideration in determining the need for additional staff.
(1) Needs of the particular clients.
(2) Extent of the services provided by the facility.
(3) Physical arrangements of the particular facility.
(4) Existence of a state of emergency or disaster.
(c) The licensee shall be permitted to utilize volunteers provided that such volunteers are supervised, and are not included
in the facility staffing plan.
(d) The following facility personnel shall be at least 18 years of age:
(1) Persons who supervise employees and/or volunteers.
(2) Persons, including volunteers, who provide any element of care and supervision to clients.
(e) The licensee shall provide for direct supervision of clients during participation in or presence at potentially dangerous
activities or areas in the facility.
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1
§ 81065. Personnel Requirements., 22 CA ADC § 81065
(1) An adult other than a client shall be present at all times while clients are using a pool or other body of water
from which rescue requires the rescuer's ability to swim.
(2) Adults who supervise while clients are using a pool or other body of water from which rescue requires the rescuer's
ability to swim, shall have a valid water safety certificate.
(f) All personnel shall be given on-the-job training or shall have related experience which provides knowledge of and
skill in the following areas, as appropriate to the job assigned and as evidenced by safe and effective job performance.
(1) Principles of nutrition, food preparation and storage and menu planning.
(2) Housekeeping and sanitation principles.
(3) Provision of client care and supervision, including communication.
(4) Assistance with prescribed medications which are self-administered.
(5) Recognition of early signs of illness and the need for professional assistance.
(6) Availability of community services and resources.
(7) Universal Precautions as defined in Section 81001(u)(1).
(A) Training in Universal Precautions may be provided in the facility or staff may attend training provided by a
local health facility, county health department, or other local training resources.
(g) All personnel, including the licensee, administrator and volunteers, shall be in good health, and shall be physically,
mentally, and occupationally capable of performing assigned tasks.
(1) Except as specified in Section 81065(g)(3) below, good physical health shall be verified by a health screening,
including a test for tuberculosis, performed by or under the supervision of a physician not more than one year prior
to or seven days after employment or licensure.
(2) A health screening report signed by the person performing such screening shall be made on each person specified
above, and shall indicate the following:
(A) The person's physical qualifications to perform the duties to be assigned.
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2
§ 81065. Personnel Requirements., 22 CA ADC § 81065
(B) The presence of any health condition that would create a hazard to the person, clients or other staff members.
(3) The good physical health of each volunteer who works in the facility shall be verified by:
(A) A statement signed by each volunteer affirming that he/she is in good health.
(B) A test for tuberculosis performed not more than one year prior to or seven days after initial presence in the
facility.
(h) Personnel with evidence of physical illness that poses a threat to the health and safety of clients shall be relieved of
their duties.
(i) Prior to employment or initial presence in the facility, all employees and volunteers subject to a criminal record review
shall:
(1) Obtain a California clearance or a criminal record exemption as required by law or Department regulations or
(2) Request a transfer of a criminal record clearance as specified in Section 81019(f) or
(3) Request and be approved for a transfer of a criminal record exemption, as specified in Section 81019.1(r), unless,
upon request for the transfer, the Department permits the individual to be employed, reside or be present at the
facility.
(j) Clients shall not be used as substitutes for required staff but shall be permitted, as a voluntary part of their program
of activities, to participate in household duties and other tasks suited to the client's needs and abilities.
(1) Such duties and tasks shall be specified in the client's needs and services plan as specified in this chapter.
(k) When regular staff members are absent, there shall be coverage by personnel capable of performing assigned tasks
as evidenced by on-the-job performance.
(l) Personnel shall provide for the care and safety of persons without physical or verbal abuse, exploitation or prejudice.
(m) All personnel shall be instructed to report observations or evidence of violations of any of the personal rights specified
in section 81072 and/or any of the personal rights provisions of this chapter.
(n) All direct care staff shall meet the minimum qualifications as set forth in California Code of Regulations, Title 9,
Division 1, Chapter 3, Article 3.5, Sections 532.6(h) and (i).
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3
§ 81065. Personnel Requirements., 22 CA ADC § 81065
(o) The licensee shall hire support staff as necessary to perform office work, and maintenance of buildings, equipment,
and grounds.
(p) The licensee shall ensure that a direct service to a client shall be provided by a person with the appropriate license
or certificate when required by law.
(q) The licensee shall develop, maintain, and implement a written plan for the orientation, continuing education, on-thejob training, supervision, and evaluation of all direct care staff.
(r) All direct care staff shall receive a minimum of 20-clock-hours of continuing education per year, which shall provide
the staff with the knowledge and skills as appropriate to their job assignment.
(1) The continuing education may include such topics as the following:
(A) Basic knowledge of mental disorders;
(B) Counseling skills, including individual, group, vocational and job counseling skills;
(C) Crisis management;
(D) Development and updating of needs and services plan;
(E) Discharge planning;
(F) Medications, including possible side effects and signs of overmedicating;
(G) Knowledge of community services and resources; and
(H) Principles of good nutrition, proper food preparation and storage, and menu planning.
(2) The licensee shall document the number of hours of continuing education completed each year by direct care
staff.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; Sections 1501, 1502(a)(7), 1507, 1522, 1531 and 1562, Health and Safety Code; and Section 42001,
Vehicle Code.
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4
§ 81065. Personnel Requirements., 22 CA ADC § 81065
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Renumbering of subsections (c)-(c)(3)(A) to section 81065.5(a)-(a)(3)(A), subsection relettering, and amendment of
Note filed 9-1-98; operative 10-1-98 (Register 98, No. 36).
3. Change without regulatory amending subsection (a), adopting new subsections (b)-(m), relettering subsections,
amending newly designated subsection (n) and amending Note filed 1-5-2016 pursuant to section 100, title 1, California
Code of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81065, 22 CA ADC § 81065
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
5
§ 81065.5. Day Staff-Client Ratio., 22 CA ADC § 81065.5
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81065.5
§ 81065.5. Day Staff-Client Ratio.
(a) A licensee shall ensure that sufficient direct care staff are at the facility whenever clients are present.
(1) There shall be at least one direct care staff person on duty, on the premises, any time clients are in the facility.
(A) Any time there is only one direct care staff person on duty on the premises, another direct care staff person shall
be on call and capable of responding within 30 minutes.
(2) Short Term Crisis Residential Programs shall have at least two direct care staff persons on duty, on the premises,
any time clients are in the facility.
(3) All facilities shall employ staff and have staffing patterns and ratios as indicated on the facility certification
document.
(A) The facility shall notify the California Department of Health Care Services when staff qualifications, positions
or staffing patterns change.
(b) Whenever a client who relies upon others to perform all activities of daily living is present, the following minimum
staffing requirements shall be met:
(1) For Regional Center clients, staffing shall be maintained as specified by the Regional Center, but no less than
one direct care staff to three such clients.
(2) For all other clients, there shall be a staff-client ratio of no less than one direct care staff to three such clients.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1502(a)(7), 1507 and 1562, Health and Safety Code.
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1
§ 81065.5. Day Staff-Client Ratio., 22 CA ADC § 81065.5
HISTORY
1. New section, including renumbering of former section 80065(c)-(c)(3)(A) to subsections (a)-(a)(3)(A), filed 9-1-98;
operative 10-1-98 (Register 98, No. 36).
2. Change without regulatory amending subsection (a)(3)(A) and amending Note filed 1-5-2016 pursuant to section 100,
title 1, California Code of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81065.5, 22 CA ADC § 81065.5
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81065.6. Night Supervision., 22 CA ADC § 81065.6
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81065.6
§ 81065.6. Night Supervision.
(a) In addition to Section 81065.5(a), the following shall apply.
(b) In facilities providing care to seven or more clients who rely upon others to perform all activities of daily living, there
shall be at least one person on duty, on the premises and awake.
(1) For every additional 14 such clients, there shall be one additional person on duty, on the premises and awake.
(c) In facilities providing care to regional center clients who rely upon others to perform all activities of daily living,
night supervision shall be maintained as required by the regional center, but not less than specified in Section 81065.6(b)
and (b)(1) above.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1502(a)(7), 1507 and 1562, Health and Safety Code.
HISTORY
1. New section filed 9-1-98; operative 10-1-98 (Register 98, No. 36).
2. Change without regulatory amending subsection (c) and amending Note filed 1-5-2016 pursuant to section 100, title
1, California Code of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81065.6, 22 CA ADC § 81065.6
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81066. Personnel Records., 22 CA ADC § 81066
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81066
§ 81066. Personnel Records.
(a) An employee work schedule shall be developed at least monthly, shall be displayed conveniently for employee
reference, and shall contain the following information for each employee:
(1) Name;
(2) Job title;
(3) Dates, days and hours of work; and
(4) Days off.
(b) Staff training as required by Section 81065(r) shall be documented. Documentation shall include the subject of the
training, who conducted the training, and the date(s) of the training.
(c) The licensee shall ensure that personnel records are maintained on the licensee, administrator and each employee.
Each personnel record shall contain the following information:
(1) Employee's full name.
(2) Driver's license number if the employee is to transport clients.
(3) Date of employment.
(4) A statement signed by the employee that he/she is at least 18 years of age.
(5) Home address and phone number.
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1
§ 81066. Personnel Records., 22 CA ADC § 81066
(6) Documentation of the educational background, training and/or experience specified in licensing regulations for
the type of facility in which the employee works.
(7) Past experience, including types of employment and former employers.
(8) Duties of the employee.
(9) Termination date if no longer employed by the facility.
(10) A health screening as specified in Section 81065(g).
(11) Tuberculosis test documents as specified in Section 81065(g).
(12) For employees that are required to be fingerprinted pursuant to Section 81019:
(A) A signed statement regarding their criminal record history as required by Section 81019(d).
(B) Documentation of either a criminal record clearance or exemption as required by Section 81019(e).
1. For Certified Administrators, a copy of their current and valid Administrator Certification meets this
requirement.
(d) Personnel records shall be maintained for all volunteers and shall contain the following:
(1) A health statement as specified in Section 81065(g)(3).
(2) Tuberculosis test documents as specified in Section 81065(g).
(3) For volunteers that are required to be fingerprinted pursuant to Section 81019:
(A) A signed statement regarding their criminal record history as required by Section 81019(d).
(B) Documentation of either a criminal record clearance or exemption as required by Section 81019(e).
(e) All personnel records shall be available to the licensing agency to inspect, audit, and copy upon demand during
normal business hours. Records may be removed if necessary for copying. Removal of records shall be subject to the
following requirements:
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2
§ 81066. Personnel Records., 22 CA ADC § 81066
(1) Licensing representatives shall not remove any current emergency and health-related information for current
personnel unless the same information is otherwise readily available in another document or format.
(2) Prior to removing any records, a licensing representative shall prepare a list of the records to be removed, sign
and date the list upon removal of the records, and leave a copy of the list with the administrator or designee.
(3) Licensing representatives shall return the records undamaged and in good order within three business days
following the date the records were removed.
(f) All personnel records shall be retained for at least three years following termination of employment.
(g) All personnel records shall be maintained at the facility site.
(1) The licensee shall be permitted to retain such records in a central administrative location provided that they are
readily available to the licensing agency at the facility site as specified in Section 81066(e).
(h) In all cases, personnel records shall document the hours actually worked.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1502(a)(7) and 1531, Health and Safety Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Change without regulatory amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81066, 22 CA ADC § 81066
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 81068. Admission Agreements., 22 CA ADC § 81068
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81068
§ 81068. Admission Agreements.
(a) The licensee shall complete an individual written admission agreement with each client and the client's authorized
representative, if any.
(1) Prior to admitting a developmentally disabled adult recommended by a Regional Center, the licensee shall obtain
from the Regional Center written certification which states that there was no objection to the placement by any
persons specified in Welfare and Institutions Code section 4803.
(2) The licensee shall maintain a copy of the certification in the client's file.
(b) The licensee shall complete and maintain in the client's file a Telecommunications Device Notification - LIC 9158
(5/97) for each client whose pre-admission appraisal or medical assessment indicates that he/she is deaf, hearing-impaired,
or otherwise disabled.
(c) Admission agreements must specify the following:
(1) Basic services.
(2) Available optional services.
(3) Payment provisions, including the following:
(A) Basic rate.
(B) Optional services rates.
(C) Payor.
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1
§ 81068. Admission Agreements., 22 CA ADC § 81068
(D) Due date.
(E) Frequency of payment.
(4) Modification conditions, including requirement for provision of at least 30 calendar days' prior written notice
to the client or his/her authorized representative of any basic rate change.
(A) It shall be acceptable for agreements involving clients whose care is funded at government-prescribed rates to
specify that the effective date of a government rate change shall be considered the effective date for basic-service
rate modifications and that no prior notice is necessary.
(5) Refund Conditions.
(6) Right of the licensing agency to perform the duties authorized in Section 81044(b) and (c).
(7) Conditions under which the agreement may be terminated.
(A) The client's refusal to cooperate with the licensee's implementation of his/her Restricted Health Condition Care
Plan as specified in Section 81092.2, if any, and his/her Needs and Services Plan, as specified in Section 81068.2 or
81068.3, must be one of the conditions.
(8) The facility's policy concerning family visits and other communication with clients, pursuant to Health and
Safety Code section 1512.
(9) Facility policies that are intended to ensure that no client, in the exercise of his/her personal rights, infringes
upon the personal rights of any other client.
(10) Those actions, circumstances, or conditions that may result in the client's eviction from the facility as specified
in Section 81068.5.
(11) An indication of whether the client is either receiving or is eligible to receive Short/Doyle payments pursuant
to Welfare and Institutions Code sections 5700 through 5750.
(12) If a client has a restricted health condition, as specified in Section 81092, the admission agreement must contain
a statement that he/she agrees to comply with the Restricted Health Condition Care Plan developed for him/her as
specified in Section 81092.2.
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2
§ 81068. Admission Agreements., 22 CA ADC § 81068
(d) Such agreements shall be dated and signed, acknowledging the contents of the document, by the client and the client's
authorized representative and the licensee or the licensee's designated representative no later than seven calendar days
following admission.
(e) Modifications to the original agreement shall be made whenever circumstances covered in the agreement change, and
shall be dated and signed by the persons specified in Section 81068(c) above.
(f) The licensee shall retain in the client's file the original of the initial admission agreement and all subsequent
modifications.
(1) The licensee shall provide a copy of the current admission agreement to the client and the client's authorized
representative, if any.
(g) The licensee shall comply with all terms and conditions set forth in the admission agreement.
(h) The admission agreement shall be automatically terminated by the death of the client. No liability or debt shall accrue
after the date of death.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 4803, 5670, 5671 and 5713.1, Welfare
and Institutions Code; Sections 1501, 1507(a)(7), 1512, 1524.7 and 1531, Health and Safety Code; and Section 2881,
Public Utilities Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Editorial correction of printing error in subsection (b)(1) (Register 91, No. 32).
3. Change without regulatory amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81068, 22 CA ADC § 81068
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 81068.1. Admission Procedure., 22 CA ADC § 81068.1
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81068.1
§ 81068.1. Admission Procedure.
(a) The licensee shall develop, maintain, and implement admission procedures which shall meet the requirements specified
in this section.
(b) No client shall be admitted prior to a determination of the facility's ability to meet the needs of the client, which shall
include an appraisal of his/her individual service needs as specified in section 81068.2.
(c) Prior to admitting a client for treatment, the program director or an experienced staff person who has received training
in developing a needs and services plan shall:
(1) Interview the prospective client, and his/her authorized representative, if any.
(A) The interview shall provide the prospective client with information about the facility, including the information
contained in the Admission Agreement and any additional policies and procedures, house rules, and activities.
(2) Obtain and review documents as specified in sections 81068.2(b)(1) and (2).
(A) This information may not be readily available for clients accepted in a short-term residential crisis program.
If this information is not available at the time of admission, this fact must be documented in the client's file. This
information must be obtained within three days of admission to the program.
(d) The facility shall obtain the medical assessment, performed as specified in section 81069.
(e) If terms of admission are mutually agreeable, the facility shall obtain the signature of the client, or his/her authorized
representative, if any, on the Admission Agreement.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671,Welfare and Institutions
Code; and Sections 1501, 1502(a)(7), 1507 and 1531, Health and Safety Code.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81068.1. Admission Procedure., 22 CA ADC § 81068.1
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Change without regulatory amending subsections (c)(2) and (d) and amending Note filed 1-5-2016 pursuant to section
100, title 1, California Code of Regulations (Register 2016, No. 2).
3. Amendment of subsection (c) filed 9-7-2017; operative 9-7-2017 pursuant to Government Code section 11343.4(b)(3)
(Register 2017, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81068.1, 22 CA ADC § 81068.1
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81068.2. Needs and Services Plan., 22 CA ADC § 81068.2
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81068.2
§ 81068.2. Needs and Services Plan.
(a) Prior to admission, the licensee shall determine whether the facility's program can meet the prospective client's service
needs.
(b) For each client admitted, the licensee shall ensure that a written Needs and Services Plan is started prior to admission,
and completed prior to or within 72 hours of admission, that must include:
(1) A written assessment as required in California Code of Regulations, Title 9, Division 1, Chapter 3, Article 3.5,
Section 532.2(b).
(2) Any needs appraisal or individual program plan completed by a placement agency or consultant.
(3) A written treatment/rehabilitation plan as required by California Code of Regulations, title 9, subchapter 3,
article 3.5, section 532.2(c).
(4) If the client has a restricted health condition, as specified in Section 81092, a written Restricted Health Condition
Plan as specified in Section 81092.2.
(5) If applicable pursuant to Section 81075(o), a written individual medication-management plan.
(6) If applicable pursuant to Section 81087(n), a written assessment of the client's ability to safely handle and use
cleaning supplies, cleaning solutions and disinfectants, as well as documentation of any subsequent related review
of the client's abilities to ensure the Needs and Services Plan is updated per Section 81068.3(b).
(7) Prior to admitting a client into care, the licensee shall ensure that the functional capabilities assessment specified
in Section 81069.2, which is to be used in developing the Needs and Services Plan pursuant to Section 81069.2(a), is
documented to the extent that the required information is available and completed within 72 hours of admission.
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1
§ 81068.2. Needs and Services Plan., 22 CA ADC § 81068.2
(A) In the event that all areas of the functional capability assessment in Section 81069.2 are already addressed in
the written assessment required by Title 9, Division 1, Chapter 3, Article 3.5, Section 532.2(b), the licensee shall not
be required to fill out an additional form.
(c) If the client has an existing needs appraisal or individual program plan (IPP) completed by a placement agency, or
a consultant for the placement agency, the Department may consider the plan to meet the requirements of this section
provided that:
(1) The needs appraisal or the IPP is not more than one year old.
(2) The licensee and the placement agency agree that the client's physical, mental and emotional status has not
significantly changed since the assessment.
(d) The written Needs and Services Plan specified in Section 81068.2(b) shall be maintained in the client's file.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671,Welfare and Institutions
Code; and Sections 1501, 1502(a)(7), 1507 and 1531, Health and Safety Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. New subsection (a)(4) and amendment of Note filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A
Certificate of Compliance must be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation
of law on the following day.
3. New subsection (a)(4) and amendment of Note refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No.
21). A Certificate of Compliance must be transmitted to OAL by 9-29-97 or emergency language will be repealed by
operation of law on the following day.
4. New subsection (a)(4) and amendment of Note refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No.
40). A Certificate of Compliance must be transmitted to OAL by 1-27-98 or emergency language will be repealed by
operation of law on the following day.
5. New subsection (a)(4) and amendment of Note refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No.
5). A Certificate of Compliance must be transmitted to OAL by 5-27-98 or emergency language will be repealed by
operation of law on the following day.
6. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
7. New subsection (a)(4) and amendment of Note refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No.
13). A Certificate of Compliance must be transmitted to OAL by 7-21-98 or emergency language will be repealed by
operation of law on the following day.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81068.2. Needs and Services Plan., 22 CA ADC § 81068.2
8. Certificate of Compliance as to 3-23-98 order, including new subsection (a), subsection relettering, and amendment
of newly designated subsections (b) and (b)(4), transmitted to OAL 7-21-98 and filed 9-1-98; amendments operative per
agency request 10-1-98 (Register 98, No. 36).
9. Change without regulatory amending subsections (b)(1) and (b)(4), adopting new subsections (c)-(d) and amending
Note filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).
10. Amendment of subsection (b) and new subsections (b)(5)-(b)(7)(A) filed 9-7-2017; operative 9-7-2017 pursuant to
Government Code section 11343.4(b)(3) (Register 2017, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81068.2, 22 CA ADC § 81068.2
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 81068.3. Modifications to Needs and Services Plan., 22 CA ADC § 81068.3
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81068.3
§ 81068.3. Modifications to Needs and Services Plan.
(a) The program director or an experienced staff person who has been trained in the development and modification of
a needs and services plan shall, with the client's participation, update the needs and services plan specified in Section
81068.2.
(b) The licensee shall ensure that each client's written Needs and Services Plan is updated as often as necessary to assure
its accuracy, but at least annually. These modifications shall be maintained in the client's file.
(c) If the licensee determines that the client's needs cannot be met, the licensee shall inform the client, and his/her
authorized representative, if any, and the placement agency, if any, and request that the client relocate to a facility that
can provide the needed services.
(1) If the client refuses to relocate, the licensee may evict in accordance with Section 81068.5
(d) The program director or staff person specified in (a) above shall, with the client's participation, review the treatment/
rehabilitation plan according to the schedule set forth in California Code of Regulations, Title 9, Division 1, Chapter
3, Article 3.5, Section 532.2(c).
(e) The program director shall ensure that the updated needs and services plan includes documentation of all changes in
the client's physical, mental, emotional, and social functioning.
(1) The program director shall ensure that all changes are considered when modifying the needs and services plan.
(2) The program director shall ensure that all changes are brought to the attention of the client's physician, mental
health professional, or authorized representative, if any.
(f) If modifications to the plan identify an individual client need which is not being met by the program of services, the
following requirements shall apply:
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1
§ 81068.3. Modifications to Needs and Services Plan., 22 CA ADC § 81068.3
(1) The program director shall secure consultation from a dietitian, physician, social worker, psychologist, or other
consultant as necessary to assist in determining if such needs can be met by the facility within the facility's program
of services.
(2) If it is determined that the needs can be met, the program director, in conjunction with the consultant, shall
develop and maintain in the facility a written services plan which shall include the following:
(A) Objectives, within a time frame, which relate to the client s problems and/or needs;
(B) Plans for meeting the objectives;
(C) Identification of any individuals or agencies responsible for implementing and evaluating each part of the plan;
and
(D) Method of evaluating progress.
(3) If it is determined that the needs cannot be met, the licensee shall bring this fact to the attention of the client
and/or his/her authorized representative or mental health professional, if any, and request that the client relocate.
(A) If the client refuses to relocate, the licensee shall be permitted to evict the client in accordance with Section
81068.5.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671,Welfare and Institutions
Code; and Sections 1501, 1502(a)(7), 1507 and 1531, Health and Safety Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Editorial correction of printing error in subsection (d) (Register 91, No. 32).
3. Change without regulatory amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81068.3, 22 CA ADC § 81068.3
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81068.4. Admission and Retention Limitations., 22 CA ADC § 81068.4
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81068.4
§ 81068.4. Admission and Retention Limitations.
(a) The licensee shall not admit or retain the following:
(1) Persons with active communicable tuberculosis.
(2) Persons who require inpatient care in a health facility.
(3) Persons who have needs which are in conflict with other clients or the program of services offered.
(4) Persons who require more care and supervision than is provided by the facility.
(b) A client's length of stay shall not exceed 18 months.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1502(a)(7), and 1507, Health and Safety Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Repealer and new subsection (a)(1) and amendment of Note filed 1-31-97 as an emergency; operative 2-1-97 (Register
97, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-2-97 or emergency language will be repealed
by operation of law on the following day.
3. Repealer and new subsection (a)(1) and amendment of Note refiled 5-21-97 as an emergency; operative 6-1-97 (Register
97, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-29-97 or emergency language will be repealed
by operation of law on the following day.
4. Repealer and new subsection (a)(1) and amendment of Note refiled 9-29-97 as an emergency; operative 9-29-97
(Register 97, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-27-98 or emergency language will
be repealed by operation of law on the following day.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81068.4. Admission and Retention Limitations., 22 CA ADC § 81068.4
5. Repealer and new subsection (a)(1) and amendment of Note refiled 1-26-98 as an emergency; operative 1-27-98
(Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-27-98 or emergency language will
be repealed by operation of law on the following day.
6. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
7. Repealer and new subsection (a)(1) and amendment of Note refiled 3-23-98 as an emergency; operative 3-23-98
(Register 98, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-21-98 or emergency language will
be repealed by operation of law on the following day.
8. Reinstatement of subsection (a)(1) and Note as they existed prior to 1-31-97 emergency action by operation of
Government Code section 11346.1(f) (Register 98, No. 36).
9. Change without regulatory amending Note filed 1-5-2016 pursuant to section 100, title 1, California Code of
Regulations (Register 2016, No. 2).
10. Amendment of section heading and subsection (a) filed 9-7-2017; operative 9-7-2017 pursuant to Government Code
section 11343.4(b)(3) (Register 2017, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81068.4, 22 CA ADC § 81068.4
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81068.5. Eviction Procedures., 22 CA ADC § 81068.5
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81068.5
§ 81068.5. Eviction Procedures.
(a) The licensee shall be permitted to evict a client with 30 days' written notice for any of the following reasons:
(1) Nonpayment of the rate for basic services within ten days of the due date.
(2) Failure of the client to comply with state or local law after receiving written notice of the alleged violation.
(3) Failure of the client to comply with the general facility policies that are documented in the facility agreement,
and are for the purpose of making it possible for clients to live together.
(4) Failure of the client to participate in the services and activities specified in the treatment/rehabilitation plan to
the extent of his/her ability.
(5) Inability to meet the client's needs.
(A) A Needs and Services Plan modification must have been performed, as specified in Section 81068.3, which
determined that the client's needs cannot be met by the facility and the client has been given an opportunity to
relocate as specified in Section 81068.3(f)(3).
(6) The client refuses to comply with his/her Restricted Health Condition Care Plan, if any, as specified in Section
81092.2.
(7) The program or facility type has changed and the client is no longer compatible with the population to be served.
(8) Change of use of the facility.
(9) Failure of the client to comply with the provisions of the Admission Agreement.
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1
§ 81068.5. Eviction Procedures., 22 CA ADC § 81068.5
(b) The licensee shall be permitted to evict a client with three days' prior written notice provided that both of the following
requirements have been met:
(1) The licensee has received prior written and/or documented telephone approval for the notice of eviction from
the licensing agency.
(A) The licensing agency shall approve or deny the request within two working days of receipt.
(B) Failure of the Department to reply to the request for approval within two working days shall be considered
approval.
(2) There is a finding of good cause. Good cause exists if the client engages in behavior that threatens the mental
and/or physical health or safety of himself/herself or others in the facility.
(c) The licensee shall set forth in the notice the reasons for the eviction, with specific facts including the date, place,
witnesses, and circumstances.
(d) When serving the client with either a 30-day or a 3-day notification of eviction, the licensee shall, on the same day,
overnight mail, fax, or send through electronic transmission an exact copy of the notice to the client's mental health
professional, if any, the client's authorized representative, if any, and the client's responsible person if any.
(1) An electronic copy of the notice sent through electronic transmission must contain the licensee's signature.
(e) The licensee shall mail, fax, or send through electronic transmission to the Department a copy of the 30-day or 3-day
written notice of eviction in accordance with Section 81068.5(a) above within five days of giving the notice to the client.
(f) Upon request of a client or his/her authorized representative or responsible person, the Department will investigate
the reasons for the eviction pursuant to the provisions of Section 1538 of the Health and Safety Code.
(g) Nothing in this section is intended to preclude the licensee or client from invoking other remedies when eviction is
not appropriate.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1502(a)(7), 1531 and 1770 et seq., Health and Safety Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Editorial correction of printing error in subsections (a)(5) and (c) (Register 91, No. 32).
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81068.5. Eviction Procedures., 22 CA ADC § 81068.5
3. Repealer filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must be
transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
4. Repealer refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must
be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
5. Repealer refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance must
be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
6. Repealer refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must
be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
8. Repealer refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance must
be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 1-31-97 emergency action by operation of Government Code section
11346.1(g) (Register 98, No. 36).
10. Change without regulatory amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California
Code of Regulations (Register 2016, No. 2).
11. Amendment of subsections (b) and (b)(1), new subsection (b)(2), amendment of subsection (d), new subsection (d)(1)
and amendment of subsection (e) filed 9-7-2017; operative 9-7-2017 pursuant to Government Code section 11343.4(b)
(3) (Register 2017, No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81068.5, 22 CA ADC § 81068.5
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 81069. Client Medical Assessments., 22 CA ADC § 81069
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81069
§ 81069. Client Medical Assessments.
(a) Prior to admitting a client into care or within 72 hours of admission, the licensee shall obtain and keep on file
documentation of the client's medical assessment.
(1) Such assessment shall be performed by a licensed physician, or a designee, who is also a licensed professional,
and the assessment shall not be more than one year old when obtained.
(b) The licensee of a social rehabilitation facility may accept medical assessments completed by a referring medical or
mental health agency; however, the licensee must ensure all information required in Section 81069(f) is contained in the
assessment.
(1) If some of the information required in Section 81069(f) is not contained in the assessment, it shall be obtained
by the licensee within 72 hours of admitting the client into care.
(c) If the licensee is unable to obtain a person's medical assessment prior to admission, the licensee shall ensure that the
person is asked to self-report the following information prior to being admitted into care:
(1) Any prescription and nonprescription medications currently being taken.
(2) Any health-related conditions, including behavioral, that may require immediate attention or monitoring, or
that may affect the health and safety of others in the facility.
(A) If there is evidence that the person requires immediate health-related services, the licensee shall ensure that the
person is referred to the appropriate licensed professional or facility and that a medical assessment is performed.
(d) The information a client provides pursuant to Sections 81069(c) through (c)(2)(A) shall be documented in the client's
file. This documentation shall include the date and time the client was asked to provide the information, and the name
of the staff person interviewing the client. Any failure on the part of the client to provide the information shall also be
documented and explained in the client's file.
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1
§ 81069. Client Medical Assessments., 22 CA ADC § 81069
(e) For the purpose of developing an individual medication-management plan for a client, a licensed medical professional
shall determine that a client is able to hold, manage, and safeguard his/her own medications, provided the following
conditions are both met:
(1) A licensed medical professional shall document any conditions that they recommend be part of the individual
medication-management plan for the client pursuant to Sections 81075(o) and (p).
(2) A licensed medical professional shall document that the client's medications do not need to be centrally stored
pursuant to Section 81075(j).
(f) The medical assessment shall include the following:
(1) The results of an examination for communicable tuberculosis and other contagious/ infectious diseases.
(2) Identification of the client's special problems and needs, including any needs identified as a result of any medical
information contained in the medical assessment.
(3) A record of all prescribed and over-the counter medications being taken by the client.
(4) A determination of the client's ambulatory status, as defined in Section 81001(n)(2).
(5) Identification of physical restrictions, including any medically necessary diet restrictions, to determine the client's
capacity to participate in the licensee's program.
(6) A physical examination of the person, indicating the physician's primary diagnosis and secondary diagnosis, if
any.
(7) Identification of other medical conditions, including those described in Section 81092, which are restricted, and
in Section 81091, which would preclude care of the person by the licensee.
(8) Documentation of prior medical services and history.
(9) Current medical status including, but not limited to, height, weight, and blood pressure.
(10) Identification of the client's needs as a result of any medical information contained in the report.
(g) The licensing agency shall have the authority to require the licensee to obtain a current written medical assessment,
if such an assessment is necessary to verify the appropriateness of a client's placement.
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2
§ 81069. Client Medical Assessments., 22 CA ADC § 81069
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1502(a)(7), 1530 and 1531, Health and Safety Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Change without regulatory amending subsections (a)-(a)(1), adopting new subsections (b)-(d) and amending Note
filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).
3. Amendment filed 9-7-2017; operative 9-7-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017,
No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81069, 22 CA ADC § 81069
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 81069.2. Functional Capabilities Assessment., 22 CA ADC § 81069.2
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81069.2
§ 81069.2. Functional Capabilities Assessment.
(a) In order to determine whether the facility's program meets a client's service needs, the licensee shall assess the client's
need for personal assistance and care by determining his/her functional capabilities. The assessment shall be in writing,
shall be used in developing the Needs and Service Plan, and shall include, but not be limited to the following activities:
(1) Bathing:
(A) Does not bathe or shower self.
(B) Performs some bathing or showering tasks.
(C) Bathes or showers self independently.
(2) Dressing:
(A) Does not dress self.
(B) Puts on some clothing by self.
(C) Dresses self completely.
(3) Grooming:
(A) Does not tend to own personal hygiene.
(B) Tends to some personal hygiene tasks.
(C) Tends to own personal hygiene.
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1
§ 81069.2. Functional Capabilities Assessment., 22 CA ADC § 81069.2
(4) Toileting:
(A) Not toilet trained.
(B) Does not toilet by self.
(C) Goes to toilet by self.
(5) Transferring:
(A) Unable to move in and out of a bed or chair.
(B) Needs assistance to transfer.
(C) Is able to move in and out of a bed or chair.
(6) Repositioning:
(A) Unable to reposition.
(B) Repositions from side to side.
(C) Repositions from front to back and back to front.
(7) Wheelchair:
(A) Unable to sit without support.
(B) Sits without support.
(C) Needs assistance moving wheelchair.
(D) Moves wheelchair independently.
(E) Does not use wheelchair.
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2
§ 81069.2. Functional Capabilities Assessment., 22 CA ADC § 81069.2
(8) Continence:
(A) No bowel and/or bladder control.
(B) Some bowel and/or bladder control.
(C) Use of assistive devices, such as a catheter.
(D) Complete bowel and bladder control.
(9) Eating:
(A) Does not feed self.
(B) Feeds self with assistance from another person.
(C) Feeds self completely.
(b) Assessment of the client's need for assistance shall include consideration of his/her physical condition affecting
participation in his/her own care, including:
(1) Vision:
(A) Severe/profound impairment.
(B) Mild/moderate impairment.
(C) No vision impairment.
(2) Hearing:
(A) Severe/profound loss.
(B) Mild/moderate loss.
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3
§ 81069.2. Functional Capabilities Assessment., 22 CA ADC § 81069.2
(C) No hearing loss.
(3) Communication:
(A) Does not express nonverbally.
(B) Does not express verbally.
(C) Expresses by sounds or movements.
(D) Expresses self well, both verbally and nonverbally.
(4) Walking:
(A) Does not walk.
(B) Walks with support.
(C) Walks well alone.
(5) Medical history and conditions.
(6) Need for prescribed and non-prescribed medications.
(c) Assessment of the client's need for assistance and care shall include consideration of the following:
(1) Mental and emotional conditions.
(2) Socialization and cognitive status.
(3) Propensity for behaviors that result in harm to self or others and that require supervision.
(4) Ability to manage his/her own finances and cash resources.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1250, 1501, 1502, 1507, 1530, 1531 and 1557.5, Health and Safety Code.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
4
§ 81069.2. Functional Capabilities Assessment., 22 CA ADC § 81069.2
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81069.2, 22 CA ADC § 81069.2
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
5
§ 81070. Client Records., 22 CA ADC § 81070
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81070
§ 81070. Client Records.
(a) The licensee shall ensure that a separate, complete, and current record is maintained in the facility for each client.
(b) Each client record shall contain the following information including, but not limited to, the following:
(1) Name of client.
(2) Birthdate.
(3) Sex.
(4) Last known address.
(5) Date of admission.
(6) Name, address, and telephone number of the client's authorized representative(s), if any.
(7) A signed copy of the admission agreement specified in Section 81068.
(8) Name, address and telephone number of the client's physician and dentist, and other medical and mental health
providers, if any.
(9) Medical assessment, including ambulatory status, as specified in Section 81069.
(10) Record of any illness or injury requiring treatment by a physician or dentist and for which the facility provided
assistance to the client in meeting his/her necessary medical and dental needs.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81070. Client Records., 22 CA ADC § 81070
(11) Record of current medications, including the name of the prescribing physician, and instructions, if any,
regarding control and custody of medications.
(12) Restricted Health Condition Care Plan, if required for the client by Section 81092.2.
(13) Functional assessment as specified in Section 81069.2.
(14) Religious preference, and name and address of clergyman or religious advisor, if any.
(15) Needs and services plan and any modifications thereto, as specified in Sections 81068.2 and 81068.3.
(16) An account of the client's cash resources, personal property, and valuables entrusted as specified in Section
81026.
(17) Date of termination of services.
(c) All information and records obtained from or regarding clients shall be confidential.
(1) The licensee shall be responsible for safeguarding the confidentiality of record contents.
(2) Except as specified in Section 81070(d) below, or as otherwise authorized by law, the licensee and all employees
shall not reveal or make available confidential information.
(d) All client records shall be available to the licensing agency to inspect, audit, and copy upon demand during normal
business hours. Records may be removed if necessary for copying. Removal of records shall be subject to the following
requirements:
(1) Licensing representatives shall not remove the following current records for current clients unless the same
information is otherwise readily available in another document or format:
(A) Name, address, and telephone number of the client's authorized representative(s) as specified in Section 81070(b)
(6).
(B) Name, address, and telephone number of a client's physician and dentist, and any other medical and mental
health providers, as specified in Section 81070(b)(8).
(C) Medical assessment, including ambulatory status, as specified in Section 81070(b)(9).
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2
§ 81070. Client Records., 22 CA ADC § 81070
(D) Record of any current illness or injury as specified in Section 81070(b)(10).
(E) Record of current medications as specified in Section 81070(b)(11).
(F) Restricted Health Condition Care Plan as specified in Section 81070(b)(12).
(G) Functional assessment as specified in Section 81070(b)(13).
(H) Any other records containing current emergency or health-related information for current clients.
(2) Prior to removing any records, a licensing representative shall prepare a list of the records to be removed, sign
and date the list upon removal of the records, and leave a copy of the list with the administrator or designee.
(3) Licensing representatives shall return the records undamaged and in good order within three business days
following the date the records were removed.
(e) A client's records shall be open to inspection by the client's authorized representative(s), if any.
(f) The information specified in Section 81070(b)(1) through (b)(17) above must be updated as necessary to ensure the
accuracy of the client's record.
(g) Original client records or photographic reproductions shall be retained for at least three years following termination
of service to the client.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1502(a)(7), 1507 and 1531, Health and Safety Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Change without regulatory amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81070, 22 CA ADC § 81070
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 81071. Register of Clients., 22 CA ADC § 81071
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81071
§ 81071. Register of Clients.
(a) In all licensed facilities, the following shall apply:
(1) The licensee shall maintain in the facility a register of all clients which must contain current information on the
following:
(A) Client's name and ambulatory status as specified in Sections 81070(b)(1) and 81070(b)(9).
(B) Name, address and telephone number of client's attending physician.
(C) Authorized representatives information as specified in Section 81070(b)(6).
(D) Client's restricted health condition(s), if any, as specified in Section 81092(b).
1. The licensee may keep a separate client register with this information.
(b) The register of clients shall be immediately available to the licensing agency to inspect, audit, and copy upon demand
during normal business hours. Registers may be removed if necessary for copying. Removal of registers shall be subject
to the following requirements:
(1) Licensing representatives shall not remove the current register unless the same information is otherwise readily
available in another document or format.
(2) Prior to removing the register, a licensing representative shall prepare a list of the register documents to be
removed, sign and date the list upon removal of the records, and leave a copy of the list with the administrator
or designee.
(3) Licensing representatives shall return the register undamaged and in the condition that it was received within
three business days following the date the records were removed.
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1
§ 81071. Register of Clients., 22 CA ADC § 81071
(c) The licensee shall ensure that the register of current clients is kept in a central location at the facility.
(1) A hardcopy of all items in the register shall be consolidated in an easily accessible and transportable container,
which may include, but not be limited to, a binder or folder, so that information in the register may be accessed by
facility staff and/or the licensing agency, and easily transported in the event of a disaster or an emergency.
(2) Registers shall be confidential, as specified in Section 81070(c).
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1507 and 1557.5, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
2. Amendment filed 9-7-2017; operative 9-7-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017,
No. 36).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81071, 22 CA ADC § 81071
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81072. Personal Rights., 22 CA ADC § 81072
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81072
§ 81072. Personal Rights.
(a) Each client shall have personal rights which include, but are not limited to, the following:
(1) To be accorded dignity in his/her personal relationships with staff and other persons.
(2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her
needs.
(3) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion,
threat, mental abuse, or other actions of a punitive nature, including but not limited to: interference with the daily
living functions, including eating, sleeping, or toileting; or withholding of shelter, clothing, medication or aids to
physical functioning.
(4) To be informed, and to have his/her authorized representative, if any, informed, by the licensee of the provisions
of law regarding complaints including, but not limited to, the address and telephone number of the complaint
receiving unit of the licensing agency, and of information regarding confidentiality.
(5) To be free to attend religious services or activities of his/her choice and to have visits from the spiritual advisor
of his/her choice.
(A) Attendance at religious services, in or outside of the facility, shall be on a completely voluntary basis.
(6) To leave or depart the facility at any time.
(A) The licensee shall not be prohibited by this provision from setting curfews or other house rules for the protection
of clients.
(B) This provision may not apply to clients for whom a guardian, conservator, or other legal authority has been
appointed.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81072. Personal Rights., 22 CA ADC § 81072
(7) Not to be locked in any room, building, or facility premises by day or night.
(A) The licensee shall not be prohibited by this provision from locking exterior doors and windows or from
establishing house rules for the protection of clients provided the clients are able to exit the facility.
(B) The licensee shall be permitted to utilize means other than those specified in 81072(a)(7)(A) above for securing
exterior doors and windows only with the prior approval of the licensing agency.
(8) Not to be placed in any restraining device. Postural supports may be used under the following conditions.
(A) Postural supports shall be limited to appliances or devices including braces, spring release trays, or soft ties,
used to achieve proper body position and balance, to improve a client's mobility and independent functioning, or
to position rather than restrict movement including, but not limited to, preventing a client from falling out of bed,
a chair, etc.
1. Physician-prescribed orthopedic devices such as braces or casts used for support of a weakened body
part or correction of body parts are considered postural supports.
(B) A written order from the client's physician indicating the need for the postural support shall be maintained in
the client's record. The licensing agency shall be authorized to require additional documentation if needed to verify
the order.
(C) Postural supports shall be fastened or tied in a manner that permits quick release by the client.
(D) Prior to the use of postural supports that cause the client to become non-ambulatory, the licensee shall ensure
that a fire clearance, as required by Section 81020, has been secured.
(E) Under no circumstances shall postural supports include tying of, or depriving or limiting the use of, a client's
hands or feet.
1. A bed rail that extends from the head half the length of the bed and used only for assistance with mobility
shall be allowed. Bed rails that extend the entire length of the bed are prohibited except for clients who are
currently receiving hospice care and have a hospice care plan that specifies the need for full bed rail.
(F) Protective devices including, but not limited to, helmets, elbow guards, and mittens which do not prohibit a
client's mobility but rather protect the client from self-injurious behavior are not to be considered restraining devices
for the purpose of this regulation. Protective devices may be used if they are approved in advance by the licensing
agency as specified below.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 81072. Personal Rights., 22 CA ADC § 81072
1. All requests to use protective devices shall be in writing and include a written order of a physician
indicating the need for such devices. The licensing agency shall be authorized to require additional
documentation including, but not limited to, the Individual Program Plan (IPP) as specified in Welfare
and Institutions Code section 4646, and the written consent of the authorized representative, in order to
evaluate the request.
2. The licensing agency shall have the authority to grant conditional and/or limited approvals to use
protective devices.
(9) To receive or reject medical care, or health-related services, except for clients for whom a guardian, conservator,
or other legal authority has been appointed.
(10) To be informed of the facility's policy concerning family visits and other communication with clients, as specified
in Health and Safety Code section 1512.
(11) To visit the facility with his/her relatives, mental health professional or authorized representative prior to
admission.
(12) To have the facility inform his/her relative, mental health professional, or authorized representative, if any, of
activities related to his/her care and supervision, including but not limited to notification of any modifications to
the needs and services plan.
(A) This may only be done with prior written permission from the client.
(13) To have communications to the facility from his/her relatives, mental health professional, or authorized
representative answered promptly and completely.
(14) To have visitors, including advocacy representatives, visit privately during waking hours, provided that such
visitations do not infringe upon the rights of other clients.
(15) To wear his/her own clothes.
(16) To possess and use his/her own personal items, including his/her own toilet articles.
(17) To possess and control his/her own cash resources.
(18) To have access to individual storage space for his/her private use.
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3
§ 81072. Personal Rights., 22 CA ADC § 81072
(19) To have access to telephones in order to make and receive confidential calls, provided that such calls do not
infringe upon the rights of other clients and do not restrict availability of the telephone during emergencies.
(A) The licensee shall be permitted to require reimbursement from the client or his/her authorized representative
for long distance calls.
(B) The licensee shall be permitted to prohibit the making of long distance calls upon documentation that requested
reimbursement for previous calls has not been received.
(20) To mail and receive unopened correspondence.
(21) To receive assistance in exercising the right to vote.
(22) To move from the facility.
(b) At admission, a client and the client's authorized representative shall be personally advised of and given a list of the
rights specified in Section 81072(a)(1) through (22).
(c) The information specified in Section 81072(b) above including the visiting policy as stated in the admissions agreement
shall be prominently posted in areas accessible to clients and their visitors.
(d) The licensee shall ensure that each client is accorded the personal rights as specified in this section.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1502(a)(7), 1512 and 1531, Health and Safety Code.
HISTORY
1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Change without regulatory amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81072, 22 CA ADC § 81072
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
4
§ 81073. Telephones., 22 CA ADC § 81073
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81073
§ 81073. Telephones.
(a) A social rehabilitation facility shall have telephone service on the premises.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501, 1531 and 1539, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81073, 22 CA ADC § 81073
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81074. Transportation., 22 CA ADC § 81074
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81074
§ 81074. Transportation.
(a) Only drivers licensed for the type of vehicle operated shall be permitted to transport clients.
(b) The manufacturer's rated seating capacity of the vehicles shall not be exceeded.
(c) Motor vehicles used to transport clients shall be maintained in a safe operating condition.
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and
Institutions Code; and Sections 1501 and 1531, Health and Safety Code.
HISTORY
1. Change without regulatory effect adopting new section filed 1-5-2016 pursuant to section 100, title 1, California Code
of Regulations (Register 2016, No. 2).
This database is current through 2/1/19 Register 2019, No. 5
22 CCR § 81074, 22 CA ADC § 81074
End of Document
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81075. Health-Related Services., 22 CA ADC § 81075
Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 2. Social Rehabilitation Facilities
Subchapter 1. Basic Requirements
Article 6. Continuing Requirements
22 CCR § 81075
§ 81075. Health-Related Services.
(a) The licensee shall ensure that each client receives necessary first aid and other needed medical or dental services,
including arrangement for and/or provision of transportation to the nearest available services.
(b) Clients shall be assisted as needed with self-administration of prescription and nonprescription medications.
(1) Facility staff who receive training may assist clients with metered-dose inhalers, and dry powder inhalers if the
following requirements are met:
(A) Facility staff must receive training from a licensed professional.
1. The licensee shall obtain written documentation from the licensed professional outlining the procedures
and the names of facility staff who have been trained in those procedures.
2. The licensee ensures that the licensed professional reviews staff performance as the licensed professional
deems necessary, but at least once a year.
(B) All staff training shall be documented in the facility personnel files.
(2) Facility staff, except those authorized by law, shall not administer injections but staff designated by the licensee
shall be authorized to assist clients with self-administration of injections as needed.
(3) Assistance with self-administration does not include forcing a client to take medications, hiding or camouflaging
medications in other substances without the client's knowledge and consent, or otherwise infringing upon a client's
right to refuse to take a medication.
(4) If the client's physician has stated in writing that the client is able to determine and communicate his/her need
for a prescription or nonprescription PRN medication, facility staff shall be permitted to assist the client with selfadministration of their PRN medication.
© 2019 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 81075. Health-Related Services., 22 CA ADC § 81075
(5) If the client's physician has stated in writing that the client is unable to determine his/her own need for
nonprescription PRN medication, but can communicate his/her symptoms clearly, facility staff designated by the
licensee shall be permitted to assist the client with self-administration, provided all of the following requirements
are met:
(A) There is written direction from a physician, on a prescription blank, specifying the name of the client, the
name of the medication, all of the information specified in Section 81075(b)(6)(D), instructions regarding a time or
circumstance (if any) when it should be discontinued, and an indication of when the physician should be contacted
for a medication reevaluation.
(B) Once ordered by the physician the medication is given according to the physician's directions.
(C) A record of each dose is maintained in the client's record. The record shall include the date and time the PRN
medication was taken, the dosage taken, and the client's response.
(6) If the client is unable to determine his/her own need for a prescription or nonprescription PRN medication, and
is unable to communicate his/her symptoms clearly, facility staff designated by the licensee, shall be permitted to
assist the client with self-administration, provided all of the following requirements are met:
(A) Facility staff shall contact the client's physician prior to each dose, describe the client's symptoms, and receive
direction to assist the client in self-administration of that dose of medication.
(B) The date and time of each contact with the physician, and the physician's directions, shall be documented and
maintained in the client's facility record.
(C) The date and time the PRN medication was taken, the dosage taken, and the client's response, shall be
documented and maintained in the client's facility record.
(D) For every prescription and nonprescription PRN medication for which the licensee provides assistance, there
shall be a signed, dated written order from a physician on a prescription blank, maintained in the client's file,
and a label on the medication. Both the physician's order and the label shall contain at least all of the following
information:
1. The specific symptoms which indicate the need for the use of the medication.
2. The exact dosage.
3. The minimum number of hours between doses.
4. The maximum number of doses allowed in each 24-hour period.
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2
§ 81075. Health-Related Services., 22 CA ADC § 81075
(c) The isolation room or area specified in Section 81087(i) shall be used where separation from others is required.
(d) There shall be privacy for first aid treatment of minor injuries and for examination or treatment by a physician if
required.
(e) When a client requires oxygen the licensee is responsible for the following:
(1) Monitoring the client's ongoing ability to operate and care for the equipment in accordance with the physician's
instructions, or if the client is unable to do so:
(A) Ensuring that an adequate number of facility staff persons are designated to operate and care for the equipment
and that those staff persons receive.
1. The licensee shall comply with all of the requirements for training in Sections 81075(b)(1)(A) through
(B).
(2) Ensuring that the following conditions are met if oxygen equipment is in use:
(A) The licensee makes a written report to the local fire jurisdiction that oxygen is in use at the facility.
(B) “No Smoking - Oxygen in Use” signs shall be posted in appropriate areas.
(C) Smoking is prohibited where oxygen is in use.
(D) All electrical equipment is checked for defects that may cause sparks.
(E) Oxygen tanks that are not portable are secured either in a stand or to the wall.
(F) Plastic tubing from the nasal cannula (mask) to the oxygen source is long enough to allow the client movement
within his/her room but does not constitute a hazard to the client or others.
(G) Clients use oxygen from a portable source when they are outside of their rooms or when walking in a day care
setting.
(H) Equipment is operable.
(I) Facility staff have knowledge and ability to operate and care for the oxygen equipment.
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3
§ 81075. Health-Related Services., 22 CA ADC § 81075
(J) Equipment is removed from the facility when no longer in use by the client.
(f) Staff responsible for providing direct care and supervision shall receive training in first aid from persons qualified by
agencies including but not limited to the American Red Cross.
(g) If the facility has no medical unit on the grounds, first aid supplies shall be maintained and be readily available in
a central location in the facility.
(1) The supplies shall include at least the following:
(A) A current edition of a first aid manual approved by the American Red Cross, the American Medical Association
or a state or federal health agency.
(B) Sterile first aid dressings.
(C) Bandages or roller bandages.
(D) Adhesive tape.
(E) Scissors.
(F) Tweezers.
(G) Thermometers.
(H) Antiseptic solution.
(h) There shall be at least one person capable of and responsible for communicating with emergency personnel in the
facility at all times. The following information shall be readily available:
(1) The name, address and telephone number of each client's physician and dentist, and other medical and mental
health providers, if any.
(2) The name, address and telephone number of each emergency agency, including but not limited to the fire
department, crisis center or paramedical unit. There shall be at least one medical resource available to be called
at all times.
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4
§ 81075. Health-Related Services., 22 CA ADC § 81075
(3) The name and telephone number of an ambulance service.
(i) When a client requires prosthetic devices, or vision or hearing aids, the staff shall be familiar with the use of these
devices and aids and shall assist the client with their utilization as needed.
(j) Medications shall be centrally stored under the following circumstances:
(1) Preservation of the medication requires refrigeration.
(2) Any medication determined by the physician to be hazardous if kept in the personal possession of the client for
whom it was prescribed.
(3) Because of physical arrangements and the condition or the habits of persons in the facility, the medications are
determined by either the administrator or by the licensing agency to be a safety hazard.
(k) The following requirements shall apply to medications which are centrally stored:
(1) Medication shall be kept in a safe and locked place that is not accessible to persons other than employees
responsible for the supervision of the centrally stored medication.
(2) Each container shall identify the items specified in Section 81075(k)(7)(A) through (G) below.
(3) All medications shall be labeled and maintained in compliance with label instructions and state and federal laws.
(4) No person other than the dispensing pharmacist shall alter a prescription label.
(5) Each client's medication shall be stored in its originally received container.
(6) No medications shall be transferred between containers.
(7) The licensee shall ensure the maintenance, for each client, of a record of centrally stored prescription medications
which is retained for at least one year and includes the following:
(A) The name of the client for whom prescribed.
(B) The name of the prescribing physician.
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5
§ 81075. Health-Related Services., 22 CA ADC § 81075
(C) The drug name, strength and quantity.
(D) The date filled.
(E) The prescription number and the name of the issuing pharmacy.
(F) Expiration date.
(G) Number of refills.
(H) Instructions, if any, regarding control and custody of the medication.
(l) Prescription medications which are not taken with the client upon termination of services, or which are not to be
retained shall be destroyed by the facility administrator, or a designated substitute, and one other adult who is not a client.
(1) Both shall sign a record, to be retained for at least one year, which lists the following:
(A) Name of the client.
(B) The prescription number and the name of the pharmacy.
(C) The drug name, strength and quantity destroyed.
(D) The date of destruction.
(m) The facility administrator shall ensure the development and implementation of a plan which insures assistance is
provided to the clients in meeting their medical and dental needs.
(n) The facility administrator shall ensure the isolation of a client suspected of having a contagious or infectious disease
and shall ensure that a physician is contacted to determine suitability of the client's retention in the facility.
(o) For each client that the licensee determines there is a need, a licensee shall develo