Article 3 - Regulations

California Health and Safety Code — §§ 1569.30-1569.39

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Sections (26)

Amended by Stats. 2005, Ch. 423, Sec. 3. Effective January 1, 2006.

The license of any facility licensed as a residential facility for the elderly under the California Community Care Facilities Act provided for in Chapter 3 (commencing with Section 1500) on January 1, 1986, shall automatically be transferred for the unexpired term of the license to licensure as a residential care facility for the elderly under this chapter.

Amended by Stats. 2004, Ch. 183, Sec. 190. Effective January 1, 2005.

(a)The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, reasonable rules, regulations, and standards as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any statute of this state.
(b)The regulations governing residential facilities for the elderly under the Community Care Facilities Act (Chapter 3 (commencing with Section 1500)) shall continue to govern residential care facilities for the elderly under this act until amended or repealed.

Added by Stats. 1985, Ch. 1127, Sec. 3.

The regulations for a license shall prescribe standards of safety and sanitation for the physical plant and standards for basic care and supervision, personal care, and services to be provided.

The department’s regulations shall allow for the development of new and innovative community programs.

In adopting regulations which implement this chapter, the department shall provide flexibility to allow facilities conducted by and exclusively for adherents of a well-recognized church or religious denomination who rely solely on prayer or spiritual means for healing to operate a licensed residential care facility for the elderly.

Added by Stats. 2014, Ch. 503, Sec. 3. (AB 2386) Effective January 1, 2015.

Every residential care facility for the elderly shall have one or more carbon monoxide detectors in the facility that meet the standards established in Chapter 8 (commencing with Section 13260) of Part 2 of Division 12. The department shall account for the presence of these detectors during inspections.

Amended by Stats. 1986, Ch. 844, Sec. 4.

Every facility required to be licensed under this chapter shall provide at least the following basic services:

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

Added by Stats. 1985, Ch. 954, Sec. 3.

Each residential care facility for the elderly shall state, on its client information form or admission agreement, and on its patient’s rights form, the facility’s policy concerning family visits and other communication with resident clients and shall promptly post notice of its visiting policy at a location in the facility that is accessible to residents and families.

The facility’s policy concerning family visits and communication shall be designed to encourage regular family involvement with the resident client and shall provide ample opportunities for family participation in activities at the facility.

Amended by Stats. 1991, Ch. 888, Sec. 8.

A residential care facility for the elderly shall not require residents to purchase medications, or rent or purchase medical supplies or equipment, from any particular pharmacy or other source.

This section shall not preclude a residential care facility for the elderly from requiring that residents who need assistance with the purchasing, storing, or taking of medications comply with the facility’s policies and procedures regarding storage of medications and methods of assisting residents with the taking of medications, if the policies and procedures are reasonably necessary and meet the intent of state or federal regulations.

Added by Stats. 1996, Ch. 434, Sec. 2. Effective January 1, 1997.

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

Added by Stats. 2013, Ch. 674, Sec. 3. (AB 620) Effective January 1, 2014.

Every residential care facility for the elderly, as defined in Section 1569.2, shall, for the purpose of addressing issues that arise when a resident is missing from the facility, develop and comply with an absentee notification plan as part of the written record of the care the resident will receive in the facility, as described in Section 1569.80. The plan shall include and be limited to the following: a requirement that an administrator of the facility, or his or her designee, inform the resident’s authorized representative when that resident is missing from the facility and the circumstances in which an administrator of the facility, or his or her designee, shall notify local law enforcement when a resident is missing from the facility.

Added by Stats. 2017, Ch. 483, Sec. 4. (SB 219) Effective January 1, 2018.

Every residential care facility for the elderly shall abide by the provisions of the Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights (Chapter 2.45 (commencing with Section 1439.50)).

Added by Stats. 2021, Ch. 469, Sec. 3. (AB 665) Effective January 1, 2022.

(a)A licensee of a facility that has internet service shall provide at least one internet access device, such as a computer, smart phone, tablet, or other device, that can support real-time interactive applications, is equipped with videoconferencing technology, including

microphone and camera functions, and is dedicated for resident use.

(b)A licensee shall ensure the following requirements are met in providing any internet access device for resident use:
(1)The

device shall be available in a manner that allows a resident to access it for discussion of personal or confidential information with a reasonable level of personal privacy.

(2)The device shall be made available to residents in a manner that permits shared access among all residents in the facility during reasonable hours.

Added by Stats. 1985, Ch. 1127, Sec. 3.

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

Repealed (in Sec. 6) and added by Stats. 2015, Ch. 20, Sec. 7. (SB 79) Effective June 24, 2015. Section operative January 1, 2017, by its own provisions.

(a)Every licensed residential care facility for the elderly shall be subject to unannounced inspections by the department. The department shall inspect these facilities as often as necessary to ensure the quality of care provided.
(b)The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:
(1)When a license is on probation.
(2)When the terms of agreement in a facility compliance plan require an annual inspection.
(3)When an accusation against a

licensee is pending.

(4)When a facility requires an annual inspection as a condition of receiving federal financial participation.
(5)In order to verify that a person who has been ordered out of the facility for the elderly by the department is no longer at the facility.
(c)On and after January 1, 2017, and until January 1, 2018, the following shall apply:
(1)The department shall conduct annual unannounced inspections of no less than 30 percent of residential care facilities for the elderly not subject to an inspection under subdivision (b).
(2)These unannounced inspections shall be conducted based on a random sampling methodology developed by the department.
(3)The department shall inspect a residential care facility for the elderly at least once every three years.
(d)On and after January 1, 2018, and until January 1, 2019, the following shall apply:
(1)The department shall conduct annual unannounced inspections of no less than 20 percent of residential care facilities for the elderly not subject to an evaluation under subdivision (b).
(2)These unannounced inspections shall be conducted based on a random sampling methodology developed by the department.
(3)The department shall inspect a residential care facility for the elderly at least once every two years.
(e)On and after

January 1, 2019, the department shall conduct annual unannounced inspections of all residential care facilities for the elderly.

(f)(1) The department shall notify the residential care facility for the elderly in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter.
(2)Unless otherwise specified in the plan of correction, the residential care facility for the elderly shall remedy the deficiencies within 10 days of the notification.
(g)(1) Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public

inspection.

(2)(A) The department shall post on its Internet Web site information on how to obtain an inspection report.
(B)It is the intent of the Legislature that the department shall make inspection reports available on its Internet Web site by January 1, 2020.
(h)As a part of the department’s evaluation process, the department shall review the plan of operation, training logs, and marketing materials of any residential care facility for the elderly that advertises or promotes special care, special programming, or a special environment for persons with dementia to monitor compliance with Sections 1569.626 and 1569.627.
(i)(1) The department shall design, or cause to be designed, a poster that contains

information on the appropriate reporting agency in case of a complaint or emergency.

(2)Each residential care facility for the elderly shall post this poster in the main entryway of its facility.
(j)This section shall become operative on January 1, 2017.

Added by Stats. 2014, Ch. 704, Sec. 2. (SB 895) Effective January 1, 2015.

The Legislature hereby finds and declares that in order to protect the health and safety of elders in care at residential care facilities for the elderly, appropriate oversight and regulation of residential care facilities for the elderly requires regular, periodic inspections of these facilities in addition to investigations in response to complaints. It is the intent of the Legislature to increase the frequency of unannounced inspections pursuant to Section 1569.33. In addition to the information that the State Department of Social Services is required to report during the 2015–16 legislative budget subcommittee hearings pursuant to Section 85 of Chapter 29 of the Statutes of 2014, the department shall also at that time report the projected costs of conducting annual inspections of

residential care facilities for the elderly beginning January 1, 2018.

Amended by Stats. 2016, Ch. 823, Sec. 6. (AB 2231) Effective January 1, 2017.

(a)The department shall provide the Office of the State Long-Term Care Ombudsman, as defined in subdivision (c) of Section 9701 of the Welfare and Institutions Code, with a precautionary notification if the department begins to prepare to issue a temporary suspension or revocation of any license, so that the office may properly prepare to provide advocacy services if and when necessary.
(b)The department shall notify affected public placement agencies and the Office of the State Long-Term Care Ombudsman whenever the department substantiates that a violation has occurred that poses a serious threat to the health and safety of any resident when the violation results in the

assessment of any penalty or causes an accusation to be filed for the revocation of a license.

(c)(1) If the violation is appealed by the facility within 15 business days, the department shall only notify placement agencies of the violation when the appeal has been exhausted.
(2)If the appeal process has not been completed within 60 days, the placement agency shall be notified with a notation that indicates that the case is still under appeal.
(3)The notice to each placement agency shall be updated monthly for the following 24-month period and shall include the name and location of the facility, the amount of the fine, the nature of the violation, the corrective action taken, the status of the revocation,

and the resolution of the complaint.

Added by Stats. 1985, Ch. 1127, Sec. 3.

The director shall have the authority to contract for personal services as required in order to perform inspections of, or consultation with, residential care facilities for the elderly.

The department shall establish by December 1, 1986, within the department an interdisciplinary team of professionals to advise the department on implementation of this chapter and to be available in crisis situations to assist local licensing evaluators on the needs of elderly residents in facilities.

This team shall include at least a geriatric nurse practitioner or a public health nurse with geriatric experience and a social worker with related experience.

Added by Stats. 1985, Ch. 1127, Sec. 3.

Upon request, the department shall provide the Office of the State Long-Term Care Ombudsman and any approved organizations of the office with copies of inspection reports for residential care facilities for the elderly.

Amended by Stats. 2015, Ch. 486, Sec. 4. (AB 1387) Effective January 1, 2016.

(a)Any person may request an investigation of a residential care facility for the elderly in accordance with this chapter by making a complaint to the department alleging a violation of applicable requirements prescribed by statutes or regulations of this state, including, but not limited to, a denial of access of any person authorized to enter the facility pursuant to Section 9722 of the Welfare and Institutions Code. A complaint may be made either orally or in writing.
(b)The substance of the complaint shall be provided to the licensee no earlier than at the time of the inspection. Unless the complainant specifically requests otherwise,

neither the substance of the complaint provided the licensee nor any copy of the complaint or any record published, released, or otherwise made available to the licensee shall disclose the name of any person mentioned in the complaint except the name of any duly authorized officer, employee, or agent of the department conducting the investigation or inspection pursuant to this chapter.

(c)(1) Upon receipt of a complaint, other than a complaint alleging denial of a statutory right of access to a residential care facility for the elderly, the department shall make a preliminary review and, unless the department determines that the complaint is willfully intended to harass a licensee or is without any reasonable basis, it shall make an onsite inspection within 10 days after receiving the complaint except where the visit would adversely

affect the licensing investigation or the investigation of other agencies, including, but not limited to, law enforcement agencies. In either event, the complainant shall be promptly informed of the department’s proposed course of action.

(2)If a local long-term care ombudsman or the State Long-Term Care Ombudsman files a complaint alleging denial of a statutory right of access to a residential care facility for the elderly under Section 9722 of the Welfare and Institutions Code, the department shall give priority to the complaint pursuant to Section 9721 of the Welfare and Institutions Code and notify the Office of the State Long-Term Care Ombudsman that an investigation has been initiated pursuant to this section.
(3)Prior to conducting an onsite investigation pursuant to this section,

the department shall make a good faith effort, documented in writing, to contact and interview the complainant and inform the complainant of the department’s proposed course of action and the relevant deadline for the department to complete its investigation. To the extent practicable, the officer, employee, or agent of the department who will conduct the investigation shall be the representative who interviews and makes contact with the complainant.

(d)Within 10 business days of completing the investigation of a complaint under this section, the department shall notify the complainant in writing of the department’s determination as a result of the investigation.

Added by Stats. 2008, Ch. 291, Sec. 14. Effective September 25, 2008.

(a)The department shall ensure that the licensee’s plan of correction is verifiable and measurable. The plan of correction shall specify what evidence is acceptable to establish that a deficiency has been corrected. This evidence shall be included in the department’s facility file.
(b)The department shall specify in its licensing report all violations that, if not corrected, will have a direct and immediate risk to the health, safety, or personal rights of residents in care.
(c)The department shall complete all complaint investigations and place a note of final conclusion in the department’s facility file, regardless of whether the licensee voluntarily surrendered the license.

Added by Stats. 1985, Ch. 1127, Sec. 3.

The director shall establish an automated license information system on licensees and former licensees of licensed residential care facilities for the elderly. The system shall maintain a record of any information that may be pertinent, as determined by the director, for licensure under this chapter. This information may include, but is not limited to, the licensees’ addresses, telephone numbers, violations of any laws related to the care of clients in a residential care facility for the elderly, licenses, revocation of any licenses and, to the extent permitted by federal law, social security numbers.

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