Section § 1265

Explanation

If someone wants to get a license to run a health facility, they need to fill out a special application with the health department. This includes basic details like their name, the type and location of the facility, and who's in charge. They also need to prove they have a good reputation, can follow the rules, and have enough money to run the facility for at least 90 days.

For nursing facilities, they must show they have the right to be on the property and list property owners. Additional information may be required, especially for facilities catering to developmentally disabled individuals, which may need a statement of need from a local board. The application details are mostly public, except for personal security info. Managing a facility means taking charge of operations, finances, and staff.

A person, political subdivision of the state, or governmental agency desiring a license for a health facility, approval for a special service under this chapter, or approval to manage a health facility currently licensed as a health facility, as defined in subdivision (a), (b), (c), (d), or (f) of Section 1250, that has not filed an application for a license to operate that facility shall file with the department a verified application on forms prescribed and furnished by the department, containing all of the following:
(a)CA Health & Safety Code § 1265(a) The name of the applicant and, if an individual, whether the applicant has attained 18 years of age.
(b)CA Health & Safety Code § 1265(b) The type of facility or health facility.
(c)CA Health & Safety Code § 1265(c) The location thereof.
(d)CA Health & Safety Code § 1265(d) The name of the person in charge thereof.
(e)CA Health & Safety Code § 1265(e) Evidence satisfactory to the department that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation, or company, like evidence shall be submitted as to the members or shareholders thereof, and the person in charge of the health facility for which application for license is made. If the applicant is a political subdivision of the state or other governmental agency, like evidence shall be submitted as to the person in charge of the health facility for which application for license is made.
(f)CA Health & Safety Code § 1265(f) Evidence satisfactory to the department of the ability of the applicant to comply with this chapter and of rules and regulations promulgated under this chapter and Chapter 2.4 (commencing with Section 1417) by the department.
(g)CA Health & Safety Code § 1265(g) Evidence satisfactory to the department that the applicant to operate a skilled nursing facility or intermediate care facility possesses financial resources sufficient to operate the facility for a period of at least 90 days. A management company shall not be required to submit this information.
(h)CA Health & Safety Code § 1265(h) An applicant for a license to operate a skilled nursing facility or intermediate care facility shall disclose to the department evidence of the right to possession of the facility at the time the application will be granted, which may be satisfied by the submission of a copy of applicable portions of a lease agreement or deed of trust. The names and addresses of any persons or organizations listed as owner of record in the real estate, including the buildings and the grounds appurtenant to the buildings, shall be disclosed to the department.
(i)CA Health & Safety Code § 1265(i) Any other information as may be required by the department for the proper administration and enforcement of this chapter.
(j)CA Health & Safety Code § 1265(j) Upon submission of an application to the department by an intermediate care facility/developmentally disabled habilitative or an intermediate care facility/developmentally disabled-nursing, the application shall include a statement of need signed by the chairperson of the area board pursuant to Chapter 4 (commencing with Section 4570) of Division 4.5 of the Welfare and Institutions Code. In the event the area board has not provided the statement of need within 30 days of receipt of the request from the applicant, the department may process the application for license without the statement.
(k)CA Health & Safety Code § 1265(k) The information required pursuant to this section, other than individuals’ social security numbers, shall be made available to the public upon request, and shall be included in the department’s public file regarding the facility.
(l)CA Health & Safety Code § 1265(l) With respect to a facility licensed as a health facility, as defined in subdivision (a), (b), or (f) of Section 1250, for purposes of this section, “manage” means to assume operational control of the facility.
(m)CA Health & Safety Code § 1265(m) With respect to a skilled nursing facility, as defined in subdivision (c) of Section 1250, excluding skilled nursing facilities that are operated as a distinct part of an acute care hospital, for purposes of this section, “manage” means to assume operational control of the facility, to make financial decisions for the facility, to direct or control aspects of patient care and quality within the facility, or to be involved in the hiring, firing, supervision, and direction of direct care staff when these actions are completed by a management company hired, retained, or authorized to act on behalf of a licensee.

Section § 1265.1

Explanation

If you're applying for a health facility license in California, the state can deny your application if you've been convicted of certain crimes or lied on your application. This applies whether you're an individual or part of a larger group like a company. Even if it's someone high up in the organization, like an officer or director, who has a conviction, that can be a valid reason to deny the license. If the person in charge of the health facility within government agencies is convicted of a crime, it can also lead to denial. The court records or certified copies of the conviction are definitive proof of the crime.

(a)CA Health & Safety Code § 1265.1(a)  An application for licensure under this chapter may be denied by the state department if the applicant for a license has been convicted of a crime, as defined in Section 1265.2, or on the ground of knowingly making a false statement of fact required to be revealed in an application for such licensure.
(b)CA Health & Safety Code § 1265.1(b)  If the applicant is a firm, partnership, association, or corporation, the conviction of any officer, director, shareholder with a beneficial ownership interest in the applicant exceeding 10 percent, or the person in charge of the health facility may serve as the basis for denial of the license by the state department. If the applicant is a political subdivision of the state or other governmental agency, the conviction of such a crime by the person in charge of the health facility may serve as the basis for denial of the license by the state department.
(c)CA Health & Safety Code § 1265.1(c)  The record of conviction or a certified copy thereof certified by the clerk of the court or by the judge in whose court the conviction is had, shall be conclusive evidence thereof.

Section § 1265.2

Explanation

This section defines what is considered a "crime" and a "conviction" for licensing purposes. A crime is any violation related to the job duties or the business's operation that holds the license. A conviction includes guilty pleas and certain verdicts, even if there are subsequent legal actions to change or dismiss the conviction record.

The state can take actions on a license based on a conviction once appeals are exhausted. However, evidence of a misdemeanor nolo contendere plea isn't valid in specific hearings.

A license application can't be denied or revoked solely based on a conviction if the person is found rehabilitated by the director, who considers all evidence of rehabilitation presented.

A “crime,” within the meaning of this chapter, means a violation of a law or regulation which is substantially related to the qualifications or duties of the applicant or licensee or which is substantially related to the functions of the business for which the license was, or is to be, issued.
A “conviction,” within the meaning of this chapter, means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action which the state department is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to the provisions of Section 1203.4 of the Penal Code permitting such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
Evidence of conviction of a misdemeanor following a plea of nolo contendere pursuant to the provisions of Section 1290 shall not be admissible in any hearing conducted under Section 1269 or 1295.
No application for licensure shall be denied nor shall a license be suspended or revoked solely on the basis of the conviction of a crime if the director determines that the person has been rehabilitated in accordance with standards for rehabilitation developed by the director. The director shall take into account all competent evidence of rehabilitation furnished by the applicant or licensee.

Section § 1265.3

Explanation

This law outlines the criteria that California's health department must consider when evaluating applications to operate or manage certain licensed health facilities. They will examine whether the applicant has a history of adhering to laws and regulations, with a focus on those impacting patient safety. This includes their compliance history while operating facilities within California or other states, and their ability to follow rules as a licensed health professional or contractual party with health plans or insurers.

The department can also request additional documents or info to ensure compliance with licensing laws.

(a)CA Health & Safety Code § 1265.3(a) For any individual or entity that seeks approval to operate or manage a health facility licensed pursuant to subdivision (a), (b), or (f) of Section 1250 and is subject to Section 1265, the department shall consider the following:
(1)CA Health & Safety Code § 1265.3(a)(1) To determine whether the applicant is of reputable and responsible character, the department shall consider any available information that the applicant has demonstrated a pattern and practice of violations of state or federal laws and regulations. The department shall give particular consideration to those violations that affect the applicant’s ability to deliver safe patient care.
(2)CA Health & Safety Code § 1265.3(a)(2) To determine whether the applicant has the ability to comply with this chapter and the rules and regulations adopted under this chapter, the department shall consider evidence that shall include all of the following:
(A)CA Health & Safety Code § 1265.3(a)(2)(A) If any, prior history of operating in this state any other facility licensed pursuant to Section 1250, and the applicant’s history of substantial compliance with the requirements imposed under that license, applicable federal laws and regulations, and requirements governing the operators of those facilities.
(B)CA Health & Safety Code § 1265.3(a)(2)(B) If any, prior history of operating in any other state any facility authorized to receive Medicare Program reimbursement or Medicaid Program reimbursement, and the applicant’s history of substantial compliance with that state’s requirements, and applicable federal laws, regulations, and requirements.
(C)CA Health & Safety Code § 1265.3(a)(2)(C) If any, prior history of providing health services as a licensed health professional or an individual or entity contracting with a health care service plan or insurer, and the applicant’s history of substantial compliance with state requirements, and applicable federal law, regulations, and requirements.
(b)CA Health & Safety Code § 1265.3(b) The department may also require the entity described in subdivision (a) to furnish other information or documents for the proper administration and enforcement of the licensing laws.

Section § 1265.4

Explanation

This law mandates that licensed health facilities in certain categories must hire a dietitian, either full-time or part-time, to oversee dietetic services. If the dietitian isn't employed full-time, the facility must also hire a full-time dietetic services supervisor. This supervisor must meet specific education and training criteria, which include various degrees and certifications related to food and nutrition or dietetic services. The supervisor should also get frequent consultation from a qualified dietitian.

There are seven different educational paths the supervisor can take, including obtaining degrees in food and nutrition, completing dietetic technician or assistant programs, or receiving military training equivalent to these requirements. Additionally, the law allows for some flexibility: individuals with at least five years of experience prior to 2009 can request modifications to these requirements, provided they're enrolled in an appropriate program. This flexibility can extend the timeline to meet the education requirements by up to six months if the coursework can't be completed on time.

(a)CA Health & Safety Code § 1265.4(a) A licensed health facility, as defined in subdivision (a), (b), (c), (d), (f), or (k) of Section 1250, shall employ a full-time, part-time, or consulting dietitian. A health facility that employs a registered dietitian less than full time, shall also employ a full-time dietetic services supervisor who meets the requirements of subdivision (b) to supervise dietetic service operations. The dietetic services supervisor shall receive frequently scheduled consultation from a qualified dietitian.
(b)CA Health & Safety Code § 1265.4(b) The dietetic services supervisor shall have completed at least one of the following educational requirements:
(1)CA Health & Safety Code § 1265.4(b)(1) A baccalaureate degree with major studies in food and nutrition, dietetics, or food management and has one year of experience in the dietetic service of a licensed health facility.
(2)CA Health & Safety Code § 1265.4(b)(2) A graduate of a dietetic technician training program approved by the American Dietetic Association, accredited by the Commission on Accreditation for Dietetics Education, or currently registered by the Commission on Dietetic Registration.
(3)CA Health & Safety Code § 1265.4(b)(3) A graduate of a dietetic assistant training program approved by the American Dietetic Association.
(4)CA Health & Safety Code § 1265.4(b)(4) Is a graduate of a dietetic services training program approved by the Dietary Managers Association and is a certified dietary manager credentialed by the Certifying Board of the Dietary Managers Association, maintains this certification, and has received at least six hours of in-service training on the specific California dietary service requirements contained in Title 22 of the California Code of Regulations prior to assuming full-time duties as a dietetic services supervisor at the health facility.
(5)CA Health & Safety Code § 1265.4(b)(5) Is a graduate of a college degree program with major studies in food and nutrition, dietetics, food management, culinary arts, or hotel and restaurant management and is a certified dietary manager credentialed by the Certifying Board of the Dietary Managers Association, maintains this certification, and has received at least six hours of in-service training on the specific California dietary service requirements contained in Title 22 of the California Code of Regulations prior to assuming full-time duties as a dietetic services supervisor at the health facility.
(6)CA Health & Safety Code § 1265.4(b)(6) A graduate of a state approved program that provides 90 or more hours of classroom instruction in dietetic service supervision, or 90 hours or more of combined classroom instruction and instructor led interactive Web-based instruction in dietetic service supervision.
(7)CA Health & Safety Code § 1265.4(b)(7) Received training experience in food service supervision and management in the military equivalent in content to paragraph (2), (3), or (6).
(c)CA Health & Safety Code § 1265.4(c) Pursuant to Section 1276, the State Department of Public Health may grant a program flexibility request to the facility to modify the requirements in subdivision (b) for any individual who has at least five years experience prior to January 1, 2009, as a dietetic services supervisor in a health facility specified in subdivision (a) to allow that individual to function as a dietetic services supervisor for a period not to exceed 18 months, as long as the individual is enrolled in a program that meets the requirements listed in subdivision (b). The department may extend the program flexibility request for a period not to exceed six months if the individual can demonstrate to the department that the coursework could not otherwise be completed within the original 18-month period. Program flexibility requests shall be submitted not later than December 31, 2009.

Section § 1265.5

Explanation

This law requires anyone involved in running or working at specific intermediate care facilities for people with developmental disabilities to pass a criminal record check before they can be licensed or hired. This includes administrators, managers, direct care staff, or other adults living at the facility. They must submit their fingerprints to the Department of Justice for this check, covering any serious past criminal convictions. If these checks reveal certain serious crimes, the application for licensure or employment can be denied unless they can demonstrate rehabilitation or the charges have been legally dismissed. However, minor traffic violations don't count against applicants. There are also specific efficiency standards for processing these checks and in certain cases, if these standards are not met, facilities may temporarily allow hires to work after submitting fingerprints while waiting for final clearance.

In addition, certain licensed healthcare professionals like nurses or therapists who have already cleared similar checks for their professional licenses are exempt from repeated checks under certain conditions. The law outlines what applicants can do if they have past convictions, including providing proof of rehabilitation over time.

(a)Copy CA Health & Safety Code § 1265.5(a)
(1)Copy CA Health & Safety Code § 1265.5(a)(1) Prior to the initial licensure or renewal of a license of any person or persons to operate or manage an intermediate care facility/developmentally disabled habilitative, an intermediate care facility/developmentally disabled-nursing, an intermediate care facility/developmentally disabled-continuous nursing, or an intermediate care facility/developmentally disabled, other than an intermediate care facility/developmentally disabled operated by the state, that secures criminal record clearances for its employees through a method other than as specified in this section or upon the hiring of direct care staff by any of these facilities, the department shall secure from the Department of Justice criminal offender record information to determine whether the applicant, facility administrator or manager, any direct care staff, or any other adult living in the same location, has ever been convicted of a crime other than a minor traffic violation.
(2)Copy CA Health & Safety Code § 1265.5(a)(2)
(A)Copy CA Health & Safety Code § 1265.5(a)(2)(A) The criminal record clearance shall require the applicant to submit electronic fingerprint images and related information of the facility administrator or manager, and any direct care staff, or any other adult living in the same location, to the Department of Justice. Applicants shall be responsible for any cost associated with capturing or transmitting the fingerprint images and related information.
(B)CA Health & Safety Code § 1265.5(a)(2)(A)(B) The criminal record clearance shall be completed prior to direct staff contact with residents of the facility. A criminal record clearance shall be complete when the department has obtained the person’s criminal record information from the Department of Justice and has determined that he or she is not disqualified from engaging in the activity for which clearance is required.
(3)Copy CA Health & Safety Code § 1265.5(a)(3)
(A)Copy CA Health & Safety Code § 1265.5(a)(3)(A) The Licensing and Certification Program shall issue an All Facilities Letter (AFL) to facility licensees when it determines that both of the following criteria have been met for a period of 30 days:
(i)CA Health & Safety Code § 1265.5(a)(3)(A)(i) The program receives, within three business days, 95 percent of its total responses indicating no evidence of recorded criminal information from the Department of Justice.
(ii)CA Health & Safety Code § 1265.5(a)(3)(A)(ii) The program processes 95 percent of its total responses requiring disqualification in accordance with subdivision (b), with notices mailed to the facility no later than 45 days after the date that the criminal offender record information report is received from the Department of Justice.
(B)CA Health & Safety Code § 1265.5(a)(3)(A)(B) After the AFL is issued, facilities shall not allow newly hired facility administrators, managers, direct care staff, or any other adult living in the same location to have direct contact with clients or residents of the facility prior to completion of the criminal record clearance. A criminal record clearance shall be complete when the department has obtained the person’s criminal offender record information search response from the Department of Justice and has determined that the person is not disqualified from engaging in the activity for which clearance is required.
(C)CA Health & Safety Code § 1265.5(a)(3)(A)(C) An applicant or certificate holder who may be disqualified on the basis of a criminal conviction shall provide the department with a certified copy of the judgment of each conviction. In addition, the individual may, during a period of two years after the department receives the criminal record report, provide the department with evidence of good character and rehabilitation in accordance with subdivision (c). Upon receipt of a new application for certification of the individual, the department may receive and consider the evidence during the two-year period without requiring additional fingerprint imaging to clear the individual.
(D)CA Health & Safety Code § 1265.5(a)(3)(A)(D) The department’s Licensing and Certification Program shall explore and implement methods for maximizing its efficiency in processing criminal record clearances within the requirements of law, including a streamlined clearance process for persons that have been disqualified on the basis of criminal convictions that do not require automatic denial pursuant to subdivision (b).
(4)CA Health & Safety Code § 1265.5(a)(4) An applicant and any other person specified in this subdivision, as part of the background clearance process, shall provide information as to whether or not the person has any prior criminal convictions, has had any arrests within the past 12-month period, or has any active arrests, and shall certify that, to the best of his or her knowledge, the information provided is true. This requirement is not intended to duplicate existing requirements for individuals who are required to submit fingerprint images as part of a criminal background clearance process. Every applicant shall provide information on any prior administrative action taken against him or her by any federal, state, or local governmental agency and shall certify that, to the best of his or her knowledge, the information provided is true. An applicant or other person required to provide information pursuant to this section that knowingly or willfully makes false statements, representations, or omissions may be subject to administrative action, including, but not limited to, denial of his or her application or exemption or revocation of any exemption previously granted.
(b)Copy CA Health & Safety Code § 1265.5(b)
(1)Copy CA Health & Safety Code § 1265.5(b)(1) The application for licensure or renewal shall be denied if the criminal record indicates that the person seeking initial licensure or renewal of a license referred to in subdivision (a) has been convicted of a violation or attempted violation of any one or more of the following Penal Code provisions: Section 187, subdivision (a) of Section 192, Section 203, 205, 206, 207, 209, 210, 210.5, 211, 220, 222, 243.4, 245, 261, 262, or 264.1, Sections 265 to 267, inclusive, Section 273a, 273d, 273.5, or 285, subdivisions (c), (d), (f), and (g) of Section 286, Section 288, subdivisions (c), (d), (f), and (g) of Section 287 or of former Section 288a, Section 288.5, 289, 289.5, 368, 451, 459, 470, 475, 484, or 484b, Sections 484d to 484j, inclusive, Section 487, subdivision (a) of Section 487a, or Section 488, 496, 503, 518, or 666, unless any of the following applies:
(A)CA Health & Safety Code § 1265.5(b)(1)(A) The person was convicted of a felony and has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code and the information or accusation against the person has been dismissed pursuant to Section 1203.4 of the Penal Code with regard to that felony.
(B)CA Health & Safety Code § 1265.5(b)(1)(B) The person was convicted of a misdemeanor and the information or accusation against the person has been dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code.
(C)CA Health & Safety Code § 1265.5(b)(1)(C) The person was convicted of a felony or a misdemeanor, but has previously disclosed the fact of each conviction to the department and the department has made a determination in accordance with law that the conviction does not disqualify the person.
(2)CA Health & Safety Code § 1265.5(b)(2) The application for licensure or renewal shall be denied if the criminal record of the person includes a conviction in another state for an offense that, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in paragraph (1), unless evidence of rehabilitation comparable to the dismissal of a misdemeanor or a certificate of rehabilitation as set forth in subparagraph (A) or (B) of paragraph (1) is provided to the department.
(c)CA Health & Safety Code § 1265.5(c) If the criminal record of a person described in subdivision (a) indicates any conviction other than a minor traffic violation or other than a conviction listed in subdivision (b), the department may deny the application for licensure or renewal. In determining whether or not to deny the application for licensure or renewal pursuant to this subdivision, the department shall take into consideration the following factors as evidence of good character and rehabilitation:
(1)CA Health & Safety Code § 1265.5(c)(1) The nature and seriousness of the offense under consideration and its relationship to their employment duties and responsibilities.
(2)CA Health & Safety Code § 1265.5(c)(2) Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.
(3)CA Health & Safety Code § 1265.5(c)(3) The time that has elapsed since the commission of the conduct or offense referred to in paragraph (1) or (2) and the number of offenses.
(4)CA Health & Safety Code § 1265.5(c)(4) The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person.
(5)CA Health & Safety Code § 1265.5(c)(5) Any rehabilitation evidence, including character references, submitted by the person.
(6)CA Health & Safety Code § 1265.5(c)(6) Employment history and current employer recommendations.
(7)CA Health & Safety Code § 1265.5(c)(7) Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition.
(8)CA Health & Safety Code § 1265.5(c)(8) The granting by the Governor of a full and unconditional pardon.
(9)CA Health & Safety Code § 1265.5(c)(9) A certificate of rehabilitation from a superior court.
(d)CA Health & Safety Code § 1265.5(d) Nothing in this section shall be construed to require a criminal record check of a person receiving services in an intermediate care facility/developmentally disabled habilitative, intermediate care facility/developmentally disabled-nursing, intermediate care facility/developmentally disabled-continuous nursing, or intermediate care facility/developmentally disabled.
(e)CA Health & Safety Code § 1265.5(e) For purposes of this section, “direct care staff” means all facility staff who are trained and experienced in the care of persons with developmental disabilities and who directly provide program and nursing services to clients. Administrative and licensed personnel shall be considered direct care staff when directly providing program and nursing services to clients. Persons employed as consultants and acting as direct care staff shall be subject to the same requirements for a criminal record clearance as other direct care staff. However, the employing facility shall not be required to pay any costs associated with that criminal record clearance.
(f)CA Health & Safety Code § 1265.5(f) Upon the employment of any person specified in subdivision (a), and prior to any contact with clients or residents, the facility shall ensure that electronic fingerprint images are submitted to the Department of Justice for the purpose of obtaining a criminal record check.
(g)CA Health & Safety Code § 1265.5(g) The department shall develop procedures to ensure that any licensee, direct care staff, or certificate holder for whom a criminal record has been obtained pursuant to this section or Section 1338.5 or 1736 shall not be required to obtain multiple criminal record clearances.
(h)CA Health & Safety Code § 1265.5(h) In addition to the persons who are not required to obtain multiple criminal record clearances pursuant to subdivision (g), a person shall not be required to obtain a separate criminal record clearance if the person meets all of the following criteria:
(1)CA Health & Safety Code § 1265.5(h)(1) The person is employed as a consultant and acts as direct care staff.
(2)CA Health & Safety Code § 1265.5(h)(2) The person is a registered nurse, licensed vocational nurse, physical therapist, occupational therapist, or speech-language pathologist.
(3)CA Health & Safety Code § 1265.5(h)(3) The person has obtained a criminal record clearance as a prerequisite to holding a license or certificate to provide direct care services.
(4)CA Health & Safety Code § 1265.5(h)(4) The person has a license or certificate to provide direct care service that is in good standing with the appropriate licensing or certification board.
(5)CA Health & Safety Code § 1265.5(h)(5) The person is providing time-limited specialized clinical care or services.
(6)CA Health & Safety Code § 1265.5(h)(6) The person is not left alone with the client.
(i)CA Health & Safety Code § 1265.5(i) If, at any time, the department determines that it does not meet the standards specified in clauses (i) and (ii) of subparagraph (A) of paragraph (3) of subdivision (a), for a period of 90 consecutive days, the requirements in paragraph (3) of subdivision (a) shall be suspended until the department determines that it has met those standards for a period of 90 consecutive days.
(j)CA Health & Safety Code § 1265.5(j) During any period of time in which paragraph (3) of subdivision (a) is inoperative, facilities may allow newly hired facility administrators, managers, direct care staff, or any other adult living in the same location to have direct contact with clients or residents of the facility after those persons have submitted live-scan fingerprint images to the Department of Justice, and the department shall issue an AFL advising of this change in the statutory requirement.
(k)CA Health & Safety Code § 1265.5(k) Notwithstanding any other provision of law, the department is authorized to provide an individual with a copy of his or her state or federal level criminal offender record information search response as provided to that department by the Department of Justice if the department has denied a criminal background clearance based on this information and the individual makes a written request to the department for a copy specifying an address to which it is to be sent. The state or federal level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice and shall be provided to the address specified by the individual in his or her written request. The department shall retain a copy of the individual’s written request and the response and date provided.

Section § 1265.6

Explanation

This California Health and Safety Code section allows registered nurses in certain care facilities to direct staff to perform blood glucose testing on residents with developmental disabilities who have diabetes, but specific conditions must be met.

The testing must be ordered by a physician, and results should be reported to a registered nurse. Direct care staff must be trained and show proficiency under the supervision of a nurse before conducting the tests. Training includes understanding diabetes, safe use and maintenance of glucose devices, and infection control.

The nurse must certify the staff's competence in writing, and this certification is specific to each procedure and client. Nurses need to watch the staff perform tests every three months and provide ongoing diabetes management education annually. Facilities must have policies for testing and retain a federal waiver certificate before starting this process.

Notwithstanding any other provision of law, a registered nurse within his or her scope of practice may require direct care staff in an intermediate care facility/developmentally disabled habilitative or an intermediate care facility/developmentally disabled-nursing to administer blood glucose testing for a person with developmental disabilities who resides at the facility and who has diabetes, if all of the following criteria are met:
(a)CA Health & Safety Code § 1265.6(a) The blood glucose testing is specifically ordered by a physician. The results of the testing shall be reported to a registered nurse as specified in the physician’s order.
(b)CA Health & Safety Code § 1265.6(b) Prior to performing the blood glucose testing, the direct care staff shall be trained by the registered nurse to perform the testing and shall demonstrate proficiency in performing the testing while under the immediate supervision of the registered nurse.
(c)CA Health & Safety Code § 1265.6(c) Training of direct care staff to perform blood glucose testing shall include, but not be limited to, an overview of the basic disease process of type I and type II diabetes, recognition of the signs and symptoms of hypoglycemia and hyperglycemia, the role of nutrition management in diabetes, diabetes and blood sugar control, long-term complications of diabetes, specific instruction in utilizing and the use of a specific over-the-counter glucose monitoring device that is approved by the FDA, including the cleaning and maintaining the accuracy of the client-specific glucose monitoring device, proper infection control practices related to the use of the device, including the handling and disposal of infectious waste, and recording accurate records of blood glucose readings in the client medical record. Records of blood glucose readings shall be reviewed by the facility registered nurse at least monthly.
(d)CA Health & Safety Code § 1265.6(d) A signed written statement shall be prepared by the registered nurse that includes a certification of the direct care staff’s competence to perform the testing and that identifies the clients residing at the facility for whom the certification is applicable. This certification shall be placed and maintained in the direct care staff’s training record.
(e)CA Health & Safety Code § 1265.6(e) The certification of competence to perform the blood glucose testing shall be procedure and client specific, and shall not be transferred between clients residing at the facility or other facilities.
(f)CA Health & Safety Code § 1265.6(f) The registered nurse shall be responsible for monitoring and implementing the direct care staff blood glucose testing. At least once every three months, the registered nurse shall observe and confirm the direct care staff person’s proficiency in performing the approved testing and shall update the certification. The proficiency determination shall include a determination by the registered nurse that the direct care staff remains proficient in demonstrating the specified method for cleaning and recalibration of the glucose monitoring device.
(g)CA Health & Safety Code § 1265.6(g) A registered nurse shall provide continuing in-service education on the management of diabetes and the use of blood glucose monitoring devices not less than once per year and include documentation of the content of the training and the staff who were in attendance.
(h)CA Health & Safety Code § 1265.6(h) A facility shall develop a written policy and procedure governing blood glucose testing for clients residing at the facility that shall include procedures for the training and competency assessment of direct care staff as required by this section.
(i)CA Health & Safety Code § 1265.6(i) A facility shall have received a certificate of waiver pursuant to subdivision (n) of Section 483.460 of Title 42 of the Code of Federal Regulations prior to the implementation of blood glucose testing and shall retain a copy of the CLIA waiver for inspection by the department.

Section § 1265.7

Explanation

This section requires the state department to establish rules for licensing congregate living health facilities, which care for people with complex health needs. The regulations must set minimum standards for safety, cleanliness, staffing, staff training, and service quality.

Facilities caring for ventilator-dependent residents must create a supportive and minimally restrictive environment suited to individual needs. Similarly, homes for the terminally ill or those severely disabled must ensure residents receive appropriate health services tailored to their needs in a comfortable setting. Until these specific regulations are in place, facilities can be licensed under existing laws if they meet certain criteria, starting July 1, 1988.

(a)Copy CA Health & Safety Code § 1265.7(a)
(1)Copy CA Health & Safety Code § 1265.7(a)(1)  The state department shall adopt regulations for the licensure of congregate living health facilities. The regulations shall include minimum standards of adequacy, safety, and sanitation of the physical plant and equipment, minimum standards for staffing with duly qualified personnel, and training of the staff, and minimum standards for providing the services offered.
(2)CA Health & Safety Code § 1265.7(a)(2)  Regulations for facilities approved to provide services for persons who may be ventilator dependent shall ensure that residents of these facilities are assured appropriate supportive health services in the most normal, least restrictive physical and rehabilitative environment appropriate to individual resident needs.
(3)CA Health & Safety Code § 1265.7(a)(3)  Regulations for facilities approved to provide services for persons who are terminally ill, who have a diagnosis of a life-threatening illness, who are catastrophically and severely disabled, or any combination of those persons, shall ensure that residents of these facilities receive supportive health services, based on individual resident acuity levels in the most normal, least restrictive physical environment for individual resident needs.
(b)CA Health & Safety Code § 1265.7(b)  Pending adoption of the regulations pursuant to paragraphs (2) and (3) of subdivision (a), an entity shall be licensed as a congregate living health facility serving persons who are terminally ill, persons who are catastrophically and severely disabled, persons who are mentally alert but physically disabled, or any combination of these persons, by the state department beginning July 1, 1988, if it meets the requirements identified in subdivision (i) of Section 1250 and in Section 1267.13.

Section § 1265.8

Explanation

If you're looking to get a license for a health facility in California, you must file a confirmed statement with the state department. This statement should prove that you've met the rules of Chapter 1 of Division 12.5, starting with Section 15000, and that you've got the necessary approvals under that chapter. The state won't issue a health facility license until you fulfill this requirement.

In addition to the requirements of this chapter, any person, political subdivision of the state, or governmental agency desiring a license for a health facility shall file with the state department a verified statement that it has complied with the requirements of Chapter 1 (commencing with Section 15000) of Division 12.5, and it has received approval pursuant to that chapter. The state department shall not issue any license until such requirement has been met.

Section § 1265.9

Explanation

As of July 1, 2015, state-run acute psychiatric hospitals in California can apply to offer an Enhanced Treatment Program (ETP) as extra service if they meet certain standards. The State Department of Public Health can set emergency regulations for these programs, or offer guidance through official communications.

ETPs must maintain specific standards: a staff-to-patient ratio of 1 to 5, one patient per room with 24/7 staff visibility, individual toilets and sinks in patient rooms, lockable doors for safety, emergency exits, and compliance with regulations if seclusion or restraints are used.

Each ETP must have a patient's rights advocate and develop policies to help patients improve and transition back to standard treatment environments. Further guidelines cover patient admission criteria, needs assessment, and treatment planning. Patients in ETPs maintain their regular rights except regarding lockable doors in case of safety needs. This section will be valid until January 1, 2030, unless extended or repealed before then.

(a)CA Health & Safety Code § 1265.9(a) On and after July 1, 2015, any acute psychiatric hospital that submits a completed application and is operated by the State Department of State Hospitals may be approved by the State Department of Public Health to offer, as a supplemental service, an Enhanced Treatment Program (ETP) that meets the requirements of this section, Section 4144 of the Welfare and Institutions Code, and applicable regulations.
(b)Copy CA Health & Safety Code § 1265.9(b)
(1)Copy CA Health & Safety Code § 1265.9(b)(1) Prior to the admission of the first patient into the last pilot ETP, the State Department of Public Health may adopt emergency regulations 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) to implement this section. The adoption of an emergency regulation under this paragraph is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the State Department of Public Health is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code.
(2)CA Health & Safety Code § 1265.9(b)(2) As an alternative to paragraph (1) and notwithstanding the rulemaking provisions of Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the director of the State Department of Public Health may implement this section, in whole or in part, by means of an all facility letter or other similar instruction.
(c)CA Health & Safety Code § 1265.9(c) An ETP shall meet all of the following requirements:
(1)CA Health & Safety Code § 1265.9(c)(1) Maintain a staff-to-patient ratio of one to five.
(2)CA Health & Safety Code § 1265.9(c)(2) Limit each room to one patient.
(3)CA Health & Safety Code § 1265.9(c)(3) Each patient room shall allow visual access by staff 24 hours per day.
(4)CA Health & Safety Code § 1265.9(c)(4) Each patient room shall have a toilet and sink in the room.
(5)CA Health & Safety Code § 1265.9(c)(5) Each patient room door shall have the capacity to be locked externally. The door may be locked when clinically indicated and determined to be the least restrictive treatment environment for the patient’s care and treatment pursuant to Section 4144 of the Welfare and Institutions Code, but shall not be considered seclusion, as defined in subdivision (e) of Section 1180.1, for purposes of Division 1.5 (commencing with Section 1180).
(6)CA Health & Safety Code § 1265.9(c)(6) Provide emergency egress for ETP patients.
(7)CA Health & Safety Code § 1265.9(c)(7) In the event that seclusion or restraints, as defined in Section 1180.1, are used in an ETP, all state licensing and regulations shall be followed.
(8)CA Health & Safety Code § 1265.9(c)(8) A full-time independent patients’ rights advocate who provides patients’ rights advocacy services shall be assigned to each ETP.
(d)CA Health & Safety Code § 1265.9(d) The ETPs shall adopt and implement policies and procedures necessary to encourage patient improvement, recovery, and a return to a standard treatment environment, and to create identifiable facility requirements and benchmarks. The policies and procedures shall also provide all of the following:
(1)CA Health & Safety Code § 1265.9(d)(1) Criteria and process for admission into an ETP pursuant to Section 4144 of the Welfare and Institutions Code.
(2)CA Health & Safety Code § 1265.9(d)(2) Clinical assessment and review focused on behavior, history, high risk of most dangerous behavior, and clinical need for patients to receive treatment in an ETP as the least restrictive treatment environment.
(3)CA Health & Safety Code § 1265.9(d)(3) A process for identifying an ETP along a continuum of care that will best meet the patient’s needs, including least restrictive treatment environment.
(4)CA Health & Safety Code § 1265.9(d)(4) A process for creating and implementing a treatment plan with regular clinical review and reevaluation of placement back into a standard treatment environment and discharge and reintegration planning as specified in subdivision (e) of Section 4144 of the Welfare and Institutions Code.
(e)CA Health & Safety Code § 1265.9(e) Patients who have been admitted to an ETP shall have the same rights guaranteed to patients not in an ETP with the exception set forth in paragraph (5) of subdivision (c).
(f)CA Health & Safety Code § 1265.9(f) For purposes of paragraph (1) of subdivision (c), “staff” means licensed nurses and psychiatric technicians providing direct patient care.
(g)CA Health & Safety Code § 1265.9(g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2030, deletes or extends that date.

Section § 1265.10

Explanation

Health facilities must offer meals that are completely plant-based, meaning no animal products at all, to patients if their doctors say so. These meals should be wholesome and varied to meet patient needs.

Breaking this rule isn't considered a crime, no matter what other laws say.

'Plant-based meals' are defined as meals without meat, poultry, fish, dairy, or eggs.

(a)CA Health & Safety Code § 1265.10(a) A licensed health facility, as defined in subdivision (a), (b), (c), (d), (f), or (k) of Section 1250, shall make available wholesome, plant-based meals of such variety as to meet the needs of patients in accordance with their physicians’ orders.
(b)CA Health & Safety Code § 1265.10(b) Notwithstanding any other law, including, but not limited to, Section 1290, a violation of this section shall not constitute a crime.
(c)CA Health & Safety Code § 1265.10(c) For the purposes of this section, “plant-based meals” shall mean entire meals that contain no animal products or byproducts, including meat, poultry, fish, dairy, or eggs.

Section § 1265.11

Explanation

This law section in California ensures that an application for a professional license or existing license cannot be denied, suspended, revoked, or limited due to legal issues like civil judgments or criminal convictions from another state if those issues are solely because of that state's laws which interfere with a person's right to get services considered legal in California.

It also clarifies that if the issue is based on behavior that would be problematic under California's own laws, then this protection doesn’t apply. The term "sensitive services" is defined by the Civil Code.

(a)CA Health & Safety Code § 1265.11(a) An application for licensure made pursuant to this chapter shall not be denied, nor shall any license issued pursuant to this chapter be suspended, revoked, or otherwise limited, on the basis of a civil judgment, criminal conviction, or disciplinary action imposed by another state if that judgment, conviction, or disciplinary action is based solely on the application of another state’s law that interferes with a person’s right to receive sensitive services that would be lawful if provided in this state.
(b)CA Health & Safety Code § 1265.11(b) This section does not apply to a civil judgment, criminal conviction, or disciplinary action imposed by another state based upon conduct in another state that would subject an applicant, licensee, or health care practitioner subject to this division to a similar claim, charge, or action under the laws of this state.
(c)CA Health & Safety Code § 1265.11(c) For purposes of this section, “sensitive services” has the same meaning as in Section 56.05 of the Civil Code.

Section § 1265.12

Explanation

This law ensures that no legal action—criminal, civil, professional, or licensing—can be taken against individuals or entities in California related to any lawful activities involving mifepristone or other drugs used for medication abortion. This includes activities such as transport, distribution, and storage. Furthermore, the state's department cannot penalize or deny licensure based solely on a person’s or entity’s actions related to these drugs even if disciplined for similar actions in another state, provided that what they did is legal in California.

(a)CA Health & Safety Code § 1265.12(a) Notwithstanding any other state law, and consistent with Sections 1 and 1.1 of Article I of the California Constitution, an individual or state or local officer shall not commence a criminal, civil, professional discipline, or licensing action against a licensee concerning the transport, distribution, delivery, receipt, acquisition, sale, possession, furnishment, dispensation, repackaging, or storage of brand name or generic mifepristone or any drug used for medication abortion that is lawful under the laws of the state.
(b)CA Health & Safety Code § 1265.12(b) The department shall not suspend a license, revoke a license, or otherwise take disciplinary action against a licensee solely on the basis that the licensee transported, distributed, delivered, received, acquired, sold, possessed, furnished, dispensed, repackaged, or stored brand name or generic mifepristone or any drug used for medication abortion that is lawful under the laws of the state.
(c)CA Health & Safety Code § 1265.12(c) The department shall not deny an application for licensure, or suspend a license, revoke a license, or otherwise impose discipline upon a licensee solely because the licensee is licensed in another state and was convicted or disciplined in that state solely for an activity related to brand name or generic mifepristone or any drug used for medication abortion that, if performed in this state, would not be grounds for denial, suspension, revocation, or other discipline.

Section § 1266

Explanation

This law ensures that the Licensing and Certification Program in California's healthcare facilities is funded by federal and special funds, except if specified otherwise. Each year, starting from February 2007, it must publish a list of estimated fees including licensing and other application fees, which is not subject to the usual rulemaking protocols. By February each year, reports on costs and staffing, along with these fees, must be shared publicly, detailing all relevant financial and resource allocations.

The law mandates fee increases for skilled nursing facilities to support the Long-Term Care Ombudsman Program. From 2018 onward, extra fees may be charged to facilities in Los Angeles County to cover regulatory costs. Finalized fee lists are adjusted post-budget enactment, accessible online, and part of license application packages. State departments and federally certified clinics exempt from state licensure are generally not subjected to these fees unless federal funding becomes available.

Other provisions allow changes in license renewal dates for operational efficiency, with proration of fees if dates change. Also, there's a directive to evaluate investigation timeline reductions, enhancing resource management and complaint handling efficiency.

(a)CA Health & Safety Code § 1266(a) The Licensing and Certification Program shall be supported entirely by federal funds and special funds by no earlier than the beginning of the 2009–10 fiscal year unless otherwise specified in statute, or unless funds are specifically appropriated from the General Fund in the annual Budget Act or other enacted legislation.
(b)CA Health & Safety Code § 1266(b) Commencing February 1, 2007, and every February 1 thereafter, the Licensing and Certification Program shall publish a list of estimated program fees, including, but not limited to, annual licensing, report of change application, and written notification fees pursuant to this section. The calculation of estimated fees and the publication of the report and list of estimated fees shall not be subject to the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(c)CA Health & Safety Code § 1266(c) Notwithstanding Section 10231.5 of the Government Code, by February 1 of each year, the department shall prepare the following reports and shall make those reports, and the list of estimated fees required to be published pursuant to subdivision (b), available to the public by submitting them to the Legislature and posting them on the department’s internet website:
(1)CA Health & Safety Code § 1266(c)(1) A report of all costs for activities of the Licensing and Certification Program. At a minimum, this report shall include a narrative of all baseline adjustments and their calculations, a description of how each category of facility was calculated, descriptions of assumptions used in any calculations, and shall recommend Licensing and Certification Program fees in accordance with the following:
(A)CA Health & Safety Code § 1266(c)(1)(A) Projected workload and costs shall be grouped for each fee category, including workload costs for facility categories that have been established by statute and for which licensing regulations and procedures are under development.
(B)CA Health & Safety Code § 1266(c)(1)(B) Cost estimates, and the estimated fees, shall be based on the appropriation amounts in the Governor’s proposed budget for the next fiscal year, with and without policy adjustments to the fee methodology.
(C)CA Health & Safety Code § 1266(c)(1)(C) The allocation of program, operational, and administrative overhead, and indirect costs to fee categories shall be based on generally accepted cost allocation methods. Significant items of costs shall be directly charged to fee categories if the expenses can be reasonably identified to the fee category that caused them. Indirect and overhead costs shall be allocated to all fee categories using a generally accepted cost allocation method.
(D)CA Health & Safety Code § 1266(c)(1)(D) The amount of federal funds and General Fund moneys to be received in the budget year shall be estimated and allocated to each fee category based upon an appropriate metric.
(E)CA Health & Safety Code § 1266(c)(1)(E) The fee for each category shall be determined by dividing the aggregate state share of all costs for the Licensing and Certification Program by the appropriate metric for the category of licensure. Amounts received for new licensure applications, including change of ownership applications, and late payment penalties, pursuant to Section 1266.5, during each fiscal year shall be calculated and 95 percent shall be applied to the appropriate fee categories in determining Licensing and Certification Program fees for the second fiscal year following receipt of those funds. The remaining 5 percent shall be retained in the fund as a reserve until appropriated.
(2)Copy CA Health & Safety Code § 1266(c)(2)
(A)Copy CA Health & Safety Code § 1266(c)(2)(A) A staffing and systems analysis to ensure efficient and effective utilization of fees collected, proper allocation of departmental resources to licensing and certification activities, survey schedules, complaint investigations, enforcement and appeal activities, data collection and dissemination, surveyor training, and policy development.
(B)CA Health & Safety Code § 1266(c)(2)(A)(B) The analysis under this paragraph shall be made available to interested persons and shall include all of the following:
(i)CA Health & Safety Code § 1266(c)(2)(A)(B)(i) The number of surveyors and administrative support personnel devoted to the licensing and certification of health care facilities.
(ii)CA Health & Safety Code § 1266(c)(2)(A)(B)(ii) The percentage of time devoted to licensing and certification activities for the various types of health facilities.
(iii)CA Health & Safety Code § 1266(c)(2)(A)(B)(iii) The number of facilities receiving full surveys and the frequency and number of followup visits.
(iv)CA Health & Safety Code § 1266(c)(2)(A)(B)(iv) The number and timeliness of complaint investigations, including data on the department’s compliance with the requirements of paragraphs (3), (4), and (5) of subdivision (a) of Section 1420.
(v)CA Health & Safety Code § 1266(c)(2)(A)(B)(v) Data on deficiencies and citations issued, and numbers of arbitration hearings.
(vi)CA Health & Safety Code § 1266(c)(2)(A)(B)(vi) Other applicable activities of the Licensing and Certification Program.
(3)CA Health & Safety Code § 1266(c)(3) The annual program fee report described in subdivision (d) of Section 1416.36.
(d)CA Health & Safety Code § 1266(d) The reports required pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.
(e)CA Health & Safety Code § 1266(e) Commencing in the 2015–16 fiscal year, the fees for skilled nursing facilities shall be increased so as to generate four hundred thousand dollars ($400,000) for the California Department of Aging’s Long-Term Care Ombudsman Program for its work related to investigating complaints made against skilled nursing facilities and increasing visits to those facilities.
(f)CA Health & Safety Code § 1266(f) Commencing in the 2018–19 fiscal year, the Licensing and Certification Program may assess a supplemental program fee on facilities located in the County of Los Angeles for all facility types set forth in this section. This supplemental program fee shall be in addition to the program fees set forth in the estimated program fee list described in subdivision (b). The Licensing and Certification Program shall calculate the supplemental program fee based upon the difference between the estimated costs of regulating facility types licensed in the County of Los Angeles, including, but not limited to, the costs associated with the Licensing and Certification Program’s contract for licensing and certification activities with the County of Los Angeles and the costs of the Licensing and Certification Program conducting the licensing and certification activities for facilities located in the County of Los Angeles. The supplemental program fees shall be used to cover the costs to administer and enforce state licensure standards and other federal compliance activities for facilities located in the County of Los Angeles, as described in the annual report. The supplemental program fee shall be based upon the fee methodology published in the annual report described in subdivision (b).
(g)Copy CA Health & Safety Code § 1266(g)
(1)Copy CA Health & Safety Code § 1266(g)(1) The Licensing and Certification Program shall adjust the list of estimated fees published pursuant to subdivision (b) if the annual Budget Act or other enacted legislation includes an appropriation that differs from those proposed in the Governor’s proposed budget for that fiscal year.
(2)CA Health & Safety Code § 1266(g)(2) The Licensing and Certification Program shall publish a final fee list, with an explanation of any adjustment, by the issuance of an all facilities letter, by posting the list on the department’s internet website, and by including the final fee list as part of the licensing application package, within 14 days of the enactment of the annual Budget Act. The adjustment of fees and the publication of the final fee list shall not be subject to the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(h)CA Health & Safety Code § 1266(h) Fees shall not be assessed or collected pursuant to this section from any state department, authority, bureau, commission, or officer, unless federal financial participation would become available by doing so and an appropriation is included in the annual Budget Act for that state department, authority, bureau, commission, or officer for this purpose. Fees shall not be assessed or collected pursuant to this section from any clinic that is certified only by the federal government and is exempt from licensure under Section 1206, unless federal financial participation would become available by doing so.
(i)CA Health & Safety Code § 1266(i) The Licensing and Certification Program may change annual license expiration renewal dates to provide for efficiencies in operational processes or to provide for sufficient cashflow to pay for expenditures. If an annual license expiration date is changed, the annual license fee shall be prorated accordingly. Facilities shall be provided with a 60-day notice of any change in their annual license renewal date. If a licensee voluntarily surrenders its license, they shall not be entitled to a refund for the remainder of the license period.
(j)CA Health & Safety Code § 1266(j) Commencing with the 2018–19 November Program estimate, the Licensing and Certification Program shall evaluate the feasibility of reducing investigation timelines based on experience with implementing paragraphs (3), (4), and (5) of subdivision (a) of Section 1420.

Section § 1266.1

Explanation

This law addresses the fees and requirements for obtaining a license for psychiatric health facilities in California. Applications for new or renewed licenses must include a fee that covers the cost of reviewing and inspecting these facilities, but fees must not exceed actual costs. Facilities run by public entities like the state, local hospital districts, or universities are exempt from annual fees. If more private psychiatric facilities are licensed, fees for those with more than nine beds might increase to cover additional administrative costs. Furthermore, facilities seeking a special permit to offer structured outpatient services must submit a separate application with a fee. The special permit requires additional staffing and a coordinator to oversee services. Structured outpatient services can serve as an alternative to inpatient admission or provide follow-up care after discharge.

(a)CA Health & Safety Code § 1266.1(a) Each new or renewal application for a license for a psychiatric health facility shall be accompanied by a fee credited to the State Department of Health Care Services for its costs incurred in the review of psychiatric health facility programs, in connection with the licensing of these facilities. 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 review of psychiatric health facility programs, including, but not limited to, the costs of processing the application, inspection costs, and other related costs.
(b)CA Health & Safety Code § 1266.1(b) New or renewal licensure application fees for psychiatric health facilities shall be collected by the State Department of Health Care Services.
(c)CA Health & Safety Code § 1266.1(c) The annual fees shall be waived for any psychiatric health facility conducted, maintained, or operated by this state or any state department, authority, bureau, commission, or officer, or by the Regents of the University of California, or by a local hospital district, city, county, or city and county.
(d)CA Health & Safety Code § 1266.1(d) If additional private psychiatric health facilities seek new licensure on or after January 1, 1991, the State Department of Health Care Services may increase the fees for all private psychiatric health facilities with more than nine beds sufficient to accommodate the increased level of workload and costs.
(e)Copy CA Health & Safety Code § 1266.1(e)
(1)Copy CA Health & Safety Code § 1266.1(e)(1) Any licensee desiring to obtain a special permit to offer and provide structured outpatient services shall file an application with the State Department of Health Care Services.
(2)CA Health & Safety Code § 1266.1(e)(2) The application for a special permit, if any, shall be submitted with each new or renewal application for a license for a psychiatric health facility, and shall be accompanied by a reasonable fee, as determined by the State Department of Health Care Services, not to exceed the actual costs of administration related to the special permit. An application for a special permit submitted by a psychiatric health facility operated by a public entity shall be exempt from the fee required pursuant to this section for the issuance of the special permit.
(3)CA Health & Safety Code § 1266.1(e)(3) The State Department of Health Care Services shall not issue a special permit unless the applicant furnishes all of the following:
(A)CA Health & Safety Code § 1266.1(e)(3)(A) Its annual licensing fee required pursuant to subdivision (a).
(B)CA Health & Safety Code § 1266.1(e)(3)(B) A completed application submitted on forms furnished by the department.
(C)CA Health & Safety Code § 1266.1(e)(3)(C) A written agreement ensuring that the facility will have additional staffing for the services to be provided under the special permit, that the additional staffing will meet the same professional standards as required by regulation for inpatient services, and that a coordinator of these services will be appointed.
(D)CA Health & Safety Code § 1266.1(e)(3)(D) Any other information or documentation as may be required by the department for its proper and efficient administration and enforcement of special permit services.
(4)CA Health & Safety Code § 1266.1(e)(4) The provision of structured outpatient services pursuant to a special permit may be as an alternative to admission to inpatient services, as aftercare services following discharge from inpatient care, or as both.

Section § 1266.5

Explanation

This law states that if an entity continues to operate after its license expires without paying the required annual fees, those fees are deemed overdue. If the payment is late, a penalty is added: 10% of the fee if it's up to 30 days late, 20% if it's 31-60 days late, and 60% if more than 60 days late. Licenses will not be renewed until all fees and penalties are paid. Similar rules apply to fees for reports of change or notifications, with the same penalty structure for late payments. Additionally, the Licensing and Certification Program can offset funds owed to the licensee from programs like Medi-Cal to reclaim any outstanding fees and penalties.

(a)CA Health & Safety Code § 1266.5(a) Whenever any entity required to pay fees pursuant to Section 1266 continues to operate beyond its license expiration date, without the Licensing and Certification Program annual license fees first having been paid as required by this division, those fees are delinquent.
(b)CA Health & Safety Code § 1266.5(b) A late payment penalty shall be added to any delinquent annual license fees made later than midnight of the license expiration date. The late payment penalty shall be computed as follows:
(1)CA Health & Safety Code § 1266.5(b)(1) For a delinquency period of 30 days or less, the penalty shall be 10 percent of the fee.
(2)CA Health & Safety Code § 1266.5(b)(2) For a delinquency period of more than 30 days to and including 60 days, the penalty shall be 20 percent of the fee.
(3)CA Health & Safety Code § 1266.5(b)(3) For a delinquency period of more than 60 days, the penalty shall be 60 percent of the fee.
(c)CA Health & Safety Code § 1266.5(c) A license may not be renewed without payment of the Licensing and Certification Program annual license fee plus any late payment penalty.
(d)CA Health & Safety Code § 1266.5(d) Whenever any entity required to pay a report of change or written notification fee pursuant to Section 1266 fails to both submit a timely report of change or written notification and pay the applicable fee, those fees are delinquent.
(e)CA Health & Safety Code § 1266.5(e) A late payment penalty shall be added to any delinquent fees due with a report of change or written notification made later than midnight of the required submission date. The late payment penalty shall be computed as follows:
(1)CA Health & Safety Code § 1266.5(e)(1) For a delinquency period of 30 days or less, the penalty shall be 10 percent of the fee.
(2)CA Health & Safety Code § 1266.5(e)(2) For a delinquency period of more than 30 days to and including 60 days, the penalty shall be 20 percent of the fee.
(3)CA Health & Safety Code § 1266.5(e)(3) For a delinquency period of more than 60 days, the penalty shall be 60 percent of the fee.
(f)CA Health & Safety Code § 1266.5(f) The Licensing and Certification Program may, upon written notification to the licensee, offset any moneys owed to the licensee by the Medi-Cal program or any other payment program administered by the department to recoup any annual license, report of change, or written notification fee along with any associated late payment penalties.

Section § 1266.7

Explanation

This law section states that each year, congregate living health facilities must pay a fee for the Licensing and Certification Program, which is determined based on Section 1266.

The annual Licensing and Certification Program fee for a congregate living health facility shall be set in accordance with Section 1266.

Section § 1266.9

Explanation

This law establishes a special fund in the California State Treasury dedicated to the State Department of Public Health's Licensing and Certification Program. Money collected under a related section is put into this fund. The fund is used, once approved by the legislature, to help run the department's licensing and certification activities. Any interest earned by the fund also goes back into it to support these operations.

There is hereby created in the State Treasury the State Department of Public Health Licensing and Certification Program Fund. The revenue collected in accordance with Section 1266 shall be deposited in the State Department of Public Health Licensing and Certification Program Fund and shall be available for expenditure, upon appropriation by the Legislature, to support the department’s Licensing and Certification Program’s operation. Interest earned on the moneys in the fund shall be deposited as revenue into the fund to support the department’s Licensing and Certification Program’s operation.

Section § 1266.10

Explanation

This law sets aside over $3 million from the state budget to fund a loan specifically for the State Department of Health Services. The money will support the Licensing and Certification Program's operations. The loan is to be repaid from fees already collected in three equal payments starting July 1, 2007, or when the 2007 budget passes, whichever comes later.

The amount of three million two hundred four thousand three hundred seventy dollars ($3,204,370) is appropriated from the General Fund to the State Department of Health Services, for a loan for use to support the operations of the Licensing and Certification Program. Repayment of this loan shall be made with proceeds from fees collected pursuant to Section 1266, in three equal annual installments of one million sixty-eight thousand one hundred twenty-three dollars ($1,068,123), commencing on July 1, 2007, or upon the enactment of the Budget Act of 2007, whichever is later.

Section § 1266.12

Explanation

This law outlines the fees and procedures for licensing and certifying certain healthcare facilities in California, like skilled nursing facilities and hospitals. From January 1, 2007, priority is given to licensing intermediate care facilities that serve developmentally disabled individuals. Once these facilities are licensed, they must notify the department when they're ready for a certification survey, which will be scheduled within 60 days.

(a)CA Health & Safety Code § 1266.12(a) The annual Licensing and Certification Program fee for a skilled nursing facility, intermediate care facility, general acute care hospital, acute psychiatric hospital, special hospital, chemical dependency recovery hospital, correctional treatment center, intermediate care facility/developmentally disabled, intermediate care facility/developmentally disabled nursing, and intermediate care facility/developmentally disabled habilitative shall be set in accordance with Section 1266.
(b)CA Health & Safety Code § 1266.12(b) Commencing January 1, 2007, the department shall give priority in conducting initial licensing surveys to each intermediate care facility/developmentally disabled, intermediate care facility/developmentally disabled habilitative, and intermediate care facility/developmentally disabled nursing. Upon successful completion of licensure, and upon notification by the facility that it is ready for an initial certification survey, the department shall schedule and initiate a certification survey within 60 days.

Section § 1267

Explanation

In California, licenses issued under this law expire 12 months after they're given unless different rules apply. Renewing your license requires an application and fee at least 30 days before your license expires. If you don't renew in time, your license will expire.

However, if a facility is run by a court-appointed temporary manager (called a receiver), its license won't expire during this management and for 30 more days after.

If a facility meets all required laws and standards, the renewal license can last up to two years. For certain health facilities, it can be up to three years. Despite how long your renewed license lasts, you'll still need to pay a fee every year.

(a)Copy CA Health & Safety Code § 1267(a)
(1)Copy CA Health & Safety Code § 1267(a)(1)  Each license issued pursuant to this chapter shall expire 12 months from the date of its issuance and each special permit shall expire on the expiration date of the license. Application for renewal of a license or special permit accompanied by the necessary fee shall be filed with the state department not less than 30 days prior to the expiration date. Failure to make a timely renewal shall result in expiration of the license or special permit.
(2)CA Health & Safety Code § 1267(a)(2)  Notwithstanding paragraph (1), the license of a facility operated by a receiver appointed pursuant to Article 8 (commencing with Section 1325) shall not expire during the period of the receivership, and for 30 days thereafter.
(b)CA Health & Safety Code § 1267(b)  A renewal license or special permit may be issued for a period not to exceed two years if the holder of the license or special permit has been found in substantial compliance with any statutory requirements, regulations, or standards during the preceding license period. However, for a health facility specified in subdivision (a) or (b) of Section 1250, a renewal license or special permit may be issued for a period not to exceed three years, if the holder of the license or special permit has been found in substantial compliance with statutory requirements, regulations, or standards during the preceding license period.
(c)CA Health & Safety Code § 1267(c)  Notwithstanding the length of the period for which a renewal license is issued, a license fee shall be due and payable annually.

Section § 1267.5

Explanation

This law requires anyone applying for a license to run a skilled nursing or intermediate care facility to provide detailed ownership and management information to the state. Applicants must disclose names and addresses of significant stakeholders like partners or directors if they have a 5% or more ownership stake. If someone tied to the application has been involved with another facility, that must be disclosed too.

Management companies operating facilities must also disclose ownership and control information about themselves and their parent companies. Changes in ownership or management must be reported in advance. Failing to provide this information or comply with these rules can lead to license revocation or denial.

A person acquiring substantial interest needs state approval, and past legal issues may affect application approval, unless the person took action to prevent or correct them. The law also outlines procedural rights if a license application is denied.

(a)Copy CA Health & Safety Code § 1267.5(a)
(1)Copy CA Health & Safety Code § 1267.5(a)(1) Each applicant for a license to operate a skilled nursing facility or intermediate care facility shall disclose to the state department the name and business address of each general partner if the applicant is a partnership, or each director and officer if the applicant is a corporation, and each person having a beneficial ownership interest of 5 percent or more in the applicant corporation or partnership.
(2)CA Health & Safety Code § 1267.5(a)(2) If any person described in paragraph (1) has served or currently serves as an administrator, general partner, trustee or trust applicant, sole proprietor of any applicant or licensee who is a sole proprietorship, executor, or corporate officer or director of, or has held a beneficial ownership interest of 5 percent or more in, any other skilled nursing facility or intermediate care facility or in any community care facility licensed pursuant to Chapter 3 (commencing with Section 1500) of this division, the applicant shall disclose the relationship to the state department, including the name and current or last address of the health facility or community care facility and the date the relationship commenced and, if applicable, the date it was terminated.
(3)Copy CA Health & Safety Code § 1267.5(a)(3)
(A)Copy CA Health & Safety Code § 1267.5(a)(3)(A) If the facility is operated by, or is proposed to be operated in whole or part under, a management contract, the names and addresses of any person or organization, or both, having an ownership or control interest of 5 percent or more in the management company shall be disclosed to the state department. This provision shall not apply if the management company has submitted an application for licensure or a change of ownership pursuant to this chapter with the state department and has complied with paragraph (1).
(B)CA Health & Safety Code § 1267.5(a)(3)(A)(B) If the management company is a subsidiary of one or more other organizations, the information shall include the names and addresses of the parent organizations of the management company and the names and addresses of any officer or director of the parent organizations. The failure to comply with this subparagraph may result in action to revoke or deny a license. However, once the information that is required under this subparagraph is provided, the action to revoke the license shall terminate.
(4)CA Health & Safety Code § 1267.5(a)(4) If the applicant or licensee is a subsidiary of one or more other organizations, the information shall include the names and addresses of the parent organizations of the subsidiary and the names and addresses of any officer or director of the parent organizations.
(5)CA Health & Safety Code § 1267.5(a)(5) The information required by this subdivision shall be provided to the state department upon initial application for licensure, and any change in the information shall be provided to the state department 30 calendar days prior to that change, except as provided in Section 1253.3.
(6)CA Health & Safety Code § 1267.5(a)(6) The information required by this subdivision and by Section 1253.3 shall be provided to the department upon application for a change of ownership or change of management in compliance with the time requirements of Section 1253.3.
(7)CA Health & Safety Code § 1267.5(a)(7) Except as provided in subparagraph (B) of paragraph (3), the failure to comply with this section may result in action to revoke or deny a license.
(8)CA Health & Safety Code § 1267.5(a)(8) The information required by this section shall be made available to the public upon request, shall be included in the public file of the facility, and by July 1, 2002, shall be included in the department’s automated certification licensing administration information management system.
(b)Copy CA Health & Safety Code § 1267.5(b)
(1)Copy CA Health & Safety Code § 1267.5(b)(1) On and after January 1, 1990, no person may acquire a beneficial interest of 5 percent or more in any corporation or partnership licensed to operate a skilled nursing facility or intermediate care facility, or in any management company under contract with a licensee of a skilled nursing facility or intermediate care facility, nor may any person become an officer or director of, or general partner in, a corporation, partnership, or management company of this type without the prior written approval of the state department. Each application for departmental approval pursuant to this subdivision shall include the information specified in subdivision (a) as regards the person for whom the application is made.
(2)CA Health & Safety Code § 1267.5(b)(2) The state department shall approve or disapprove the application, other than an application submitted pursuant to Section 1253.3, within 30 days after receipt thereof, unless the state department, with just cause, extends the application review period beyond 30 days.
(c)CA Health & Safety Code § 1267.5(c) The state department may deny approval of a license application or of an application for approval under subdivision (b) if a person named in the application, as required by this section, was an officer, director, general partner, or owner of a 5-percent or greater beneficial interest in a licensee of, or in a management company under contract with a licensee of, a skilled nursing facility, intermediate care facility, community care facility, or residential care facility for the elderly at a time when one or more violations of law were committed therein that resulted in suspension or revocation of its license, or at a time when a court-ordered receiver was appointed pursuant to Section 1327, or at a time when a final Medi-Cal decertification action was taken under federal law. However, the prior suspension, revocation, or court-ordered receivership of a license shall not be grounds for denial of the application if the applicant shows to the satisfaction of the state department (1) that the person in question took every reasonably available action to prevent the violation or violations that resulted in the disciplinary action and (2) that they took every reasonably available action to correct the violation or violations once they knew, or with the exercise of reasonable diligence should have known of, the violation or violations.
(d)CA Health & Safety Code § 1267.5(d) No application shall be denied pursuant to this section until the state department first (1) provides the applicant with notice in writing of grounds for the proposed denial of application, and (2) affords the applicant an opportunity to submit additional documentary evidence in opposition to the proposed denial.
(e)CA Health & Safety Code § 1267.5(e) Nothing in this section shall cause any individual to be personally liable for any civil penalty assessed pursuant to Chapter 2.4 (commencing with Section 1417) or create any new criminal or civil liability contrary to general laws limiting that liability.
(f)CA Health & Safety Code § 1267.5(f) This section shall not apply to a bank, trust company, financial institution, title insurer, controlled escrow company, or underwritten title company to which a license is issued in a fiduciary capacity.
(g)CA Health & Safety Code § 1267.5(g) As used in this section, “person” has the same meaning as specified in Section 19.
(h)CA Health & Safety Code § 1267.5(h) This section shall not apply to the directors of a nonprofit corporation exempt from taxation under Section 23701d of the Revenue and Taxation Code that operates a skilled nursing facility or intermediate care facility in conjunction with a licensed residential facility, where the directors serve without financial compensation and are not compensated by the nonprofit corporation in any other capacity.

Section § 1267.7

Explanation

This law requires two state departments in California to work together to create rules for licensing and managing intermediate care facilities for people with developmental disabilities. These rules must ensure that residents receive suitable health and development services in settings that feel as normal and unrestricted as possible, based on their individual needs. The law also emphasizes using local community resources and encouraging residents to take part in community activities.

The State Department of Health Services and the State Department of Developmental Services shall jointly develop and implement licensing and Medi-Cal regulations appropriate to intermediate care facility/developmentally disabled-habilitative facilities. These regulations shall ensure that residents of these facilities are assured appropriate developmental and supportive health services in the most normal, least restrictive physical and programmatic environments appropriate to individual resident needs. Regulations adopted pursuant to this section shall include provision for maximum utilization of generic community resources in the provision of services to residents and participation of the residents in community activities.

Section § 1267.8

Explanation

This law ensures that certain care facilities for developmentally disabled individuals meet specific fire and seismic safety standards. These standards are similar to those for community care facilities of a comparable size and resident type. For facilities serving six or fewer people, they are treated like regular residential homes in terms of zoning and building regulations.

The residents and operators of such facilities are also considered family members for zoning laws. These small facilities do not require special permits or zoning clearances different from those needed for single-family homes. Additionally, their use does not count as a change in occupancy, allowing them to integrate smoothly into residential areas.

(a)CA Health & Safety Code § 1267.8(a)  An intermediate care facility/developmentally disabled habilitative or an intermediate care facility/developmentally disabled—nursing or a congregate living health facility shall meet the same fire safety standards adopted by the State Fire Marshal pursuant to Sections 13113, 13113.5, 13143, and 13143.6 that apply to community care facilities, as defined in Section 1502, of similar size and with residents of similar age and ambulatory status. No other state or local regulations relating to fire safety shall apply to these facilities and the requirements specified in this section shall be uniformly enforced by state and local fire authorities.
(b)CA Health & Safety Code § 1267.8(b)  An intermediate care facility/developmentally disabled habilitative or an intermediate care facility/developmentally disabled—nursing or a congregate living health facility shall meet the same seismic safety requirements applied to community care facilities of similar size with residents of similar age and ambulatory status. No additional requirements relating to seismic safety shall apply to such facilities.
(c)CA Health & Safety Code § 1267.8(c)  Whether or not unrelated persons are living together, an intermediate care facility/developmentally disabled habilitative which serves six or fewer persons or an intermediate care facility/developmentally disabled—nursing which serves six or fewer persons or a congregate living health facility shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of the facility shall be considered a family for the purposes of any law or zoning ordinance that is related to the residential use of property pursuant to this article.
(d)CA Health & Safety Code § 1267.8(d) For the purposes of all local ordinances, an intermediate care facility/developmentally disabled habilitative that serves six or fewer persons or an intermediate care facility/developmentally disabled—nursing that serves six or fewer persons or a congregate living health facility shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or persons with mental health disorders, foster care home, guest home, rest home, community residence, or other similar term that implies that the intermediate care facility/developmentally disabled habilitative or intermediate care facility/developmentally disabled—nursing or a congregate living health facility is a business run for profit or differs in any other way from a single-family residence.
(e)CA Health & Safety Code § 1267.8(e) This section does not forbid a city, county, or other local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of an intermediate care facility/developmentally disabled habilitative that serves six or fewer persons or an intermediate care facility/developmentally disabled—nursing that serves six or fewer persons or a congregate living health facility as long as those restrictions are identical to those applied to other single-family residences.
(f)CA Health & Safety Code § 1267.8(f) This section does not forbid the application to an intermediate care facility/developmentally disabled habilitative or an intermediate care facility/developmentally disabled—nursing or a congregate living health facility of any local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity, as long as that ordinance does not distinguish intermediate care facility/developmentally disabled habilitative that serves six or fewer persons or an intermediate care facility/developmentally disabled—nursing or a congregate living health facility from other single-family dwellings and that the ordinance does not distinguish residents of the intermediate care facility/developmentally disabled habilitative or intermediate care facility/developmentally disabled—nursing that serves six or fewer persons or a congregate living health facility from persons who reside in other single-family dwellings.
(g)CA Health & Safety Code § 1267.8(g) No conditional use permit, zoning variance, or other zoning clearance shall be required of an intermediate care facility/developmentally disabled habilitative that serves six or fewer persons or an intermediate care facility/developmentally disabled—nursing that serves six or fewer persons or a congregate living health facility that is not required of a single-family residence in the same zone.
(h)CA Health & Safety Code § 1267.8(h) Use of a single-family dwelling for purposes of an intermediate care facility/developmentally disabled habilitative serving six or fewer persons or an intermediate care facility/developmentally disabled—nursing that serves six or fewer persons or a congregate living health facility shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 or local building codes. However, nothing in this section supersedes Section 13143 to the extent these provisions are applicable to intermediate care facility/developmentally disabled habilitative providing care for six or fewer residents or an intermediate care facility/developmentally disabled—nursing serving six or fewer persons or a congregate living health facility.

Section § 1267.9

Explanation

This California law aims to prevent too many healthcare facilities, such as intermediate care facilities for people with developmental disabilities, from being too close together in a neighborhood, as this can affect the area's character. If a new healthcare facility is planned, and it would be too near others of its kind—under 300 feet or 1,000 feet, depending on the type—it may not get a license.

The law does allow for some flexibility in these distance rules if local city or county authorities approve. Before any new facility gets the go-ahead, the state must inform the local planning authority 45 days in advance.

Cities or counties can ask the state to deny a license if they believe the area is already overwhelmed with similar facilities. However, this law doesn’t allow the state to deny renewing licenses or changing ownership if the facility stays at the same location. Foster family homes and elderly residential care facilities don't count toward this overconcentration rule.

(a)CA Health & Safety Code § 1267.9(a)  The Legislature hereby declares it to be the policy of the state to prevent overconcentrations of intermediate care facilities/development ally disabled habilitative, intermediate care facilities/developmentally disabled-nursing, congregate living health facilities, or pediatric day health and respite care facilities, as defined in Section 1760.2, which impair the integrity of residential neighborhoods. Therefore, the director shall deny an application for a new intermediate care facility/developmentally disabled habilitative license, a new intermediate care facility/developmentally disabled-nursing license, a congregate living health facility, or a pediatric day health and respite care facility license if the director determines that the location is in such proximity to an existing intermediate care facility/developmentally disabled habilitative, an intermediate care facility/developmentally disabled-nursing, a congregate living health facility, or a pediatric day health and respite care facility as would result in overconcentration.
(b)CA Health & Safety Code § 1267.9(b)  As used in this section, “overconcentration” means that if a new license is issued, either of the following will occur:
(1)CA Health & Safety Code § 1267.9(b)(1)  There will be intermediate care facilities/developmentally disabled habilitative, intermediate care facilities/developmentally disabled-nursing, residential care facilities, as defined in Section 1502, or pediatric day health and respite care facilities which are separated by a distance of less than 300 feet, as measured from any point upon the outside walls of the structures housing the facilities.
(2)CA Health & Safety Code § 1267.9(b)(2)  There will be congregate living health facilities serving persons who are terminally ill, diagnosed with a life-threatening illness, or catastrophically and severely disabled, as defined in Section 1250, which are separated by a distance of less than 1,000 feet, as measured from any point upon the outside walls of the structures housing the facilities.
Based on special local needs and conditions, the director may approve a separation distance of less than 300 feet or 1,000 feet, whichever is applicable, with the approval of the city or county in which the proposed facility will be located.
(c)CA Health & Safety Code § 1267.9(c)  At least 45 days prior to approving any application for a new intermediate care facility/developmentally disabled habilitative, a new intermediate care facility/developmentally disabled-nursing, a congregate living health facility, or a pediatric day health and respite care facility, the director shall notify, in writing, the city or county planning authority in which the facility will be located, of the proposed location of the facility.
(d)CA Health & Safety Code § 1267.9(d)  Any city or county may request denial of the license applied for on the basis of overconcentration of intermediate care facilities/developmentally disabled habilitative, intermediate care facilities/developmentally disabled-nursing, a congregate living health facility, or a pediatric day health and respite care facility.
(e)CA Health & Safety Code § 1267.9(e)  Nothing in this section authorizes the director, on the basis of overconcentration, to refuse to renew an intermediate care facility/development ally disabled habilitative license, an intermediate care facility/developmental ly disabled-nursing license, a congregate living health facility license, or a pediatric day health and respite care facility license, or to refuse to grant a license upon a change of ownership of an existing intermediate care facility/developmentally disabled habilitative, intermediate care facility/developmentally disabled-nursing, a congregate living health facility, or a pediatric day health and respite care facility where there is no change in the location of the facility.
(f)CA Health & Safety Code § 1267.9(f)  Foster family homes and residential care facilities for the elderly shall not be considered in determining overconcentration of intermediate care facilities/developmentally disabled-habilitative, intermediate care facilities/developmentally disabled-nursing, residential care facilities, as defined in Section 1502, congregate living health facilities, or pediatric day health and respite care facilities.

Section § 1267.11

Explanation

This law mandates that facilities for developmentally disabled individuals must assign direct care staff to supervise client care for at least 56 hours each week. These supervisors help meet the state's required care hours. They must either have a vocational nurse or psychiatric technician license, complete 30 college credits in related fields with six months of relevant experience, or have 18 months of experience in direct services under qualified supervision.

Each intermediate care facility/developmentally disabled-habilitative shall designate direct care staff persons to supervise the direct care services to clients for at least 56 hours per week. The hours of these supervisory staff persons shall be applied against the total number of direct care hours required in regulations developed by the department pursuant to Section 1267.7. These supervisory staff persons shall, at a minimum, meet one of the following criteria:
(a)CA Health & Safety Code § 1267.11(a)  Possession of a valid vocational nurse or psychiatric technician license issued by the Board of Vocational Nurse and Psychiatric Technician Examiners.
(b)CA Health & Safety Code § 1267.11(b)  Completion of at least 30 college or university units in education, social services, behavioral sciences, health sciences, or related fields, and six months experience providing direct services to developmentally disabled persons.
(c)CA Health & Safety Code § 1267.11(c)  Eighteen months experience providing direct services to developmentally disabled persons while under the supervision of a person who meets the requirements of a professional as defined in regulations promulgated pursuant to Section 1267.7.

Section § 1267.12

Explanation

If someone wants to be admitted to or discharged from a congregate living health facility, a doctor must order it. The state department needs to review and approve the facility's admission criteria. Once admitted, the person must be under a doctor's care, and the doctor has to see the resident at least once every 30 days, or more often if needed due to health issues.

No person shall be admitted, or accepted for care, or discharged, by a congregate living health facility except upon the order of a physician and surgeon. Admission criteria shall be subject to review and approval by the state department. All persons admitted or accepted for care by the congregate living health facility shall remain under the care of a physician and surgeon who shall see the resident at least every 30 calendar days or more frequently if required by the resident’s medical condition.

Section § 1267.13

Explanation

This section outlines the standards for congregate living health facilities that serve people who are terminally ill, severely disabled, or mentally alert but physically disabled. These facilities must ensure residents' health and safety by maintaining a valid fire clearance and meeting state and fire marshal regulations. They should be homelike with sufficient space for residents, proper sleeping accommodations, and privacy in bathrooms.

Nursing services must include registered or vocational nurses on duty, with specific ratios per number of residents. Administrators must ensure the facility is run smoothly. Volunteers can assist but not replace required staff. Exceptions to certain standards may be requested, but building standards cannot be compromised.

Pursuant to paragraph (3) of subdivision (a) and subdivision (b) of Section 1265.7, this section shall be effective until the adoption of permanent regulations. Notwithstanding, the state department has authority to make reasonable accommodation for exceptions to the standards in this section, providing the health, safety, and quality of patient care is not compromised. No exceptions shall be made for building standards. Prior written approval communicating the terms and conditions under which the exception is granted shall be required. Applicants shall request the exception in writing accompanied by detailed, supporting documentation.
Congregate living health facilities serving persons who are terminally ill, persons who are catastrophically and severely disabled, persons who are mentally alert but physically disabled, or any combination of these persons, shall conform to the following:
(a)CA Health & Safety Code § 1267.13(a)  Facilities shall obtain and maintain a valid fire clearance from the appropriate authority having jurisdiction over the facility, based on compliance with state regulations concerning fire and life safety, as adopted by the State Fire Marshal.
(b)CA Health & Safety Code § 1267.13(b)  The State Fire Marshal, with the advice of the State Board of Fire Services, shall adopt regulations on or before January 1, 1991, following a public hearing, establishing minimum requirements for the protection of life and property for congregate living health facilities serving terminally ill persons, catastrophically and severely disabled persons, persons who are mentally alert but physically disabled, or any combination of these persons. These minimum requirements shall recognize the residential and noninstitutional setting of congregate living health facilities serving terminally ill persons, catastrophically and severely disabled persons, persons who are mentally alert but physically disabled, or any combination of these persons.
(c)CA Health & Safety Code § 1267.13(c)  Facilities shall be in a homelike residential setting. Living accommodations and grounds shall be related to the facility’s function and clientele. Facilities shall provide sufficient space for comfortable living accommodations and privacy for residents, staff, and others who may reside in the facility.
(d)CA Health & Safety Code § 1267.13(d)  Common rooms, including, but not limited to, living rooms, dining rooms, and dens or other recreation or activity rooms, shall be provided and shall have sufficient space, separation, or both to promote and facilitate the program of activities and to prevent these activities from interfering with other functions. Accommodations shall ensure adequate space for residents to have visitors and for privacy during visits, if desired.
(e)CA Health & Safety Code § 1267.13(e)  Resident bedrooms shall have adequate space to allow easy passage throughout; permit comfortable usage of furnishings; promote ease of nursing care; and accommodate use of assistive devices, including, but not limited to, wheelchairs, walkers, and patient lifts, when needed.
(f)CA Health & Safety Code § 1267.13(f)  No room commonly used for other purposes, including, but not limited to, a hall, stairway, attic, garage, storage area, shed, or similar detached building, shall be used as a sleeping room for any resident.
(g)CA Health & Safety Code § 1267.13(g)  No resident bedroom shall be used as a passageway to another room, bath, or toilet.
(h)CA Health & Safety Code § 1267.13(h)  Not more than two residents shall share a bedroom.
(i)CA Health & Safety Code § 1267.13(i)  Equipment and supplies necessary for personal care and maintenance of adequate hygiene shall be readily available to all residents.
(j)CA Health & Safety Code § 1267.13(j)  Toilets and bathrooms shall be conveniently located. At least one toilet and washbasin shall be provided per six residents. At least one bathtub or shower shall be provided per 10 residents. Individual privacy shall be provided in all toilet, bath and shower areas. Separate toilet, washbasin, and bathtub or shower accommodations shall be provided for staff.
(k)CA Health & Safety Code § 1267.13(k)  Sufficient room shall be available throughout the facility to accommodate and serve all persons in comfort and safety. The premises shall be maintained in good repair and shall provide a safe, clean, and healthful environment.
( l)  Facilities shall have equipment and supplies appropriate to meet the routine and specialized needs of all residents.
(m)CA Health & Safety Code § 1267.13(m)  All persons shall be protected from hazards throughout the premises:
(1)CA Health & Safety Code § 1267.13(m)(1)  Stairways, inclines, ramps, open porches, and other areas of potential hazard to residents with poor balance or eyesight shall be made inaccessible unless well lighted and equipped with sturdy hand railings.
(2)CA Health & Safety Code § 1267.13(m)(2)  Night lights shall be maintained in hallways and passages to nonprivate bathrooms.
(3)CA Health & Safety Code § 1267.13(m)(3)  All indoor and outdoor passageways and stairways shall be kept free of obstructions.
(4)CA Health & Safety Code § 1267.13(m)(4)  Fireplaces, woodstoves, and open-faced heaters shall be adequately screened.
(5)CA Health & Safety Code § 1267.13(m)(5)  Facilities shall assure the inaccessibility of fishponds, wading pools, hot tubs, swimming pools, or similar bodies of water or other areas of potential hazard when not in active use.
(n)CA Health & Safety Code § 1267.13(n)  Facilities serving persons who are terminally ill, catastrophically and severely disabled, mentally alert but physically disabled, or any combination of these persons, shall, in addition to the requirements of this chapter and until specific regulations governing their operation are filed, conform to regulations contained in Chapter 3 of Division 5 of Title 22 of the California Code of Regulations of April 1, 1988, with the exception of the following sections or portions of sections: 72007, 72053, 72073, subdivision (a) of Section 72077, 72097, 72099, 72103, 72203, subdivision (a) of Section 72205, 72301, 72305, subdivision (a) of Section 72325, 72327, 72329, 72331, 72337, subdivisions (b), (g), and (h) of Section 72351, 72353, subdivision (a) of Section 72367, 72373, subdivision (b) of Section 72375, 72401, 72403, 72405, 72407, 72409, 72411, 72413, 72415, 72417, 72419, 72421, 72423, 72425, 72427, 72429, 72431, 72433, 72435, 72437, 72439, 72441, 72443, 72445, 72447, 72449, 72451, 72453, 72455, 72457, 72459, 72461, 72463, 72465, 72467, 72469, 72471, 72473, 72475, 72503, paragraph (2) of subdivision (a) of Section 72513, 72520, 72535, 72555, 72557, subdivisions (a) and (b) of Section 72601, subdivision (d) of Section 72607, subdivisions (a) and (d) of Section 72609, 72611, 72615, 72617, 72629, 72631, 72633, 72635, subdivisions (b), (c), and (d) of Section 72639, 72641, and 72665.
(o)Copy CA Health & Safety Code § 1267.13(o)
(1)Copy CA Health & Safety Code § 1267.13(o)(1)  Facilities serving persons who are terminally ill, catastrophically and severely disabled, mentally alert but physically disabled, or any combination of these persons, shall have an administrator who is responsible for the day-to-day operation of the facility. The administrator may be either a licensed registered nurse, a nursing home administrator, or the licensee. The administrator shall be present at the facility a sufficient number of hours to ensure the smooth operation of the facility. If the administrator is also the registered nurse fulfilling the duties specified in paragraph (2), the administrator shall not be responsible for more than one facility. In all other circumstances, the administrator shall not be responsible for more than three facilities with an aggregate total of 75 beds and these facilities shall be within one hour’s surface travel time of each other.
(2)Copy CA Health & Safety Code § 1267.13(o)(2)
(A)Copy CA Health & Safety Code § 1267.13(o)(2)(A)  For each congregate living health facility of more than six beds serving persons who are terminally ill, catastrophically and severely disabled, mentally alert but physically disabled, or any combination of these persons, there shall be, at a minimum, a registered nurse or licensed vocational nurse awake and on duty at all times. A registered nurse shall be awake and on duty eight hours a day, five days a week.
(B)CA Health & Safety Code § 1267.13(o)(2)(A)(B)  For each congregate living health facility of six or fewer beds serving persons who are terminally ill, catastrophically and severely disabled, mentally alert but physically disabled, or any combination of these persons, a registered nurse shall visit each patient at least twice a week for approximately two hours, or more as patient care requires.
(C)CA Health & Safety Code § 1267.13(o)(2)(A)(C)  For all congregate living health facilities serving persons who are terminally ill, catastrophically and severely disabled, mentally alert but physically disabled, or any combination of these persons, a registered nurse shall be available for consultation and able to come into the facility within 30 minutes, if necessary, when no registered nurse is on duty. In addition, certified nurse assistants, or persons with similar training and experience as determined by the department, shall be awake and on duty in the facility in at least the following ratios: facilities with six beds or less, one per shift; facilities with 7 to 12 beds, two per shift; facilities with 13 to 25 beds, three per day and evening shifts and two per nocturnal shift. No nursing services personnel shall be assigned housekeeping or dietary duties.
(3)CA Health & Safety Code § 1267.13(o)(3)  Notwithstanding the provisions of this subdivision, the facility shall provide appropriately qualified staff in sufficient numbers to meet patient care needs.
(4)CA Health & Safety Code § 1267.13(o)(4)  Nursing service personnel shall be employed and on duty in at least the number and with the qualifications determined by the department to provide the necessary nursing services for patients admitted for care. The department may require a facility to provide additional professional, administrative, or supportive personnel whenever the state department determines through a written evaluation, that additional personnel are needed to provide for the health and safety of patients.
(5)CA Health & Safety Code § 1267.13(o)(5)  All staff members shall receive orientation regarding care appropriate for the patients’ diagnoses and individual resident needs. Orientation shall include a minimum of 16 hours during the first 40 hours of employment.
(6)CA Health & Safety Code § 1267.13(o)(6)  Nothing in this chapter shall prevent the use of volunteers; however, volunteers shall not be used as substitutes for the personnel required in the above sections. Volunteers providing patient care services shall:
(A)CA Health & Safety Code § 1267.13(o)(6)(A)  Be provided clearly defined roles and written job descriptions.
(B)CA Health & Safety Code § 1267.13(o)(6)(B)  Receive orientation and training equivalent to that provided paid staff.
(C)CA Health & Safety Code § 1267.13(o)(6)(C)  Possess education and experience equal to that required of paid staff performing similar functions.
(D)CA Health & Safety Code § 1267.13(o)(6)(D)  Conform to the facility’s policies and procedures.
(E)CA Health & Safety Code § 1267.13(o)(6)(E)  Receive periodic performance evaluations.
(p)CA Health & Safety Code § 1267.13(p)  The interim standards prescribed by this section shall become inoperative upon the filing of the regulations with the Secretary of State.

Section § 1267.15

Explanation

This section states that congregate living health facilities, which are essentially group living health services, must be standalone institutions even if they are located on a hospital campus. However, they can be grouped in the same multi-story building if certain conditions are met.

These conditions include meeting all other building standards, being physically separated by permanent structures, and receiving support from the local health department and county supervisors. Additionally, these facilities can share some common areas like elevators or stairs and must be located at specific buildings on the premises of the McClellan Air Force Base in California.

(a)CA Health & Safety Code § 1267.15(a) Congregate living health facilities shall be freestanding, but this does not preclude their location on the premises of a hospital. Congregate living health facilities shall be separately licensed.
(b)CA Health & Safety Code § 1267.15(b) Notwithstanding subdivision (a), multiple congregate living health facilities may exist in one multifloor building if all of the following requirements are satisfied:
(1)CA Health & Safety Code § 1267.15(b)(1) Each facility meets other applicable building standards not related to multiple floors.
(2)CA Health & Safety Code § 1267.15(b)(2) Each facility is separated by a wall, floor, or other permanent partition but may share an elevator, stairs, or stairwell, and need not be freestanding.
(3)CA Health & Safety Code § 1267.15(b)(3) Proposals to develop proximate congregate living health facilities are supported by the county health department and the board of supervisors in the county in which the facilities are to be located.
(4)CA Health & Safety Code § 1267.15(b)(4) The congregate living health facilities are proposed for one of the following locations:
(A)CA Health & Safety Code § 1267.15(b)(4)(A) McClellan Air Force Base Building No. 522, located at 3201 James Way, McClellan, California.
(B)CA Health & Safety Code § 1267.15(b)(4)(B) McClellan Air Force Base Building No. 523, located at 3207 James Way, McClellan, California.
(C)CA Health & Safety Code § 1267.15(b)(4)(C) McClellan Air Force Base Building No. 524, located at 5621 Dudley Blvd., McClellan, California.
(D)CA Health & Safety Code § 1267.15(b)(4)(D) McClellan Air Force Base Building No. 525, located at 5327 Dudley Blvd., McClellan, California.

Section § 1267.16

Explanation

This California law states that small congregate living health facilities, which house six or fewer people, are considered to be residential properties under zoning laws. These facilities must follow the same rules on building heights and parking as single-family homes.

While local ordinances about health and safety may apply, cities and counties cannot impose additional zoning restrictions specifically targeting these facilities.

Larger facilities with more than six beds, catering to terminally ill or severely disabled individuals, must get special permits unless they received their operating license within 18 months of the law’s start date and do not expand in size.

(a)CA Health & Safety Code § 1267.16(a)  A congregate living health facility which serves six or fewer persons shall be considered a residential use of property for purposes of any zoning ordinance or law related to the residential use of property. This article does not forbid any city, county, or local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of a congregate living health facility as long as these restrictions are identical to those applied to single-family residences.
(b)CA Health & Safety Code § 1267.16(b)  This article does not forbid the application to a congregate living health facility of any local ordinance which deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity, except as provided in subdivisions (a) and (b) of Section 1267.9 and this section.
(c)CA Health & Safety Code § 1267.16(c)  Any congregate living health facility of more than six beds for persons who are terminally ill and any congregate living health facility of more than six beds for persons who are catastrophically and severely disabled shall be subject to the conditional use permit requirements of the city or county in which it is located unless those requirements are waived by the city or county. However, any facility that, on the effective date of this section, is performing the functions of a congregate living health facility for persons who are terminally ill and that is subsequently licensed as a congregate living health facility within 18 months of the effective date of this section shall not be subject to the conditional use permit requirements of the city or county in which it is located, unless the number of beds is increased.

Section § 1267.17

Explanation

This law requires that every congregate living health facility must display its license, or an exact copy of it, in a place where the public can easily see it.

Each congregate living health facility shall conspicuously post the license, or a true copy thereof in a location accessible to public view.

Section § 1267.19

Explanation

This law states that congregate living health facilities don't need their architectural plans reviewed by the Office of Statewide Health Planning and Development. Instead, when applying for a license, the facility must prove it meets local building code standards. Additionally, the physical environment of the facility must be sufficient to offer the necessary care and services for its residents, as determined by the department.

Congregate living health facilities shall not be subject to architectural plan review by the Office of Statewide Health Planning and Development. As part of the application for licensure, the prospective licensee shall submit evidence of compliance with local building code requirements. In addition, the physical environment shall be adequate to provide for the level of care and service required by the residents of the facility, as determined by the department.

Section § 1267.61

Explanation

This law requires a facility licensee, not including certain hospitals, to notify residents and their representatives at least 90 days before any major changes in ownership or management. Such changes could include sales, transfers, leases, or even management shifts. The notice must include details like the names and addresses of prospective new owners or managers, their ownership stakes, and the expected date of change.

Additionally, this notice must be posted on all facility doors and made available to the public. If the notification is delayed, the facility can be fined $100 per day. This requirement applies to license applications submitted after July 1, 2020.

(a)CA Health & Safety Code § 1267.61(a) At least 90 days prior to a finalization of the sale, transfer of operation, including management changes, assignment, lease, or other change or transfer of ownership interests, the licensee of a facility defined in subdivision (c) of Section 1250, excluding skilled nursing facilities that are operated as a distinct part of an acute care hospital, shall give a written notice of the proposed change in licensee or management company to all residents of the facility and their representatives that contains all of the following information applicable to the proposed change:
(1)CA Health & Safety Code § 1267.61(a)(1) The name and address of the prospective licensee, transferee, assignee, lessee, property owner, or the licensee’s parent company and management company, if applicable.
(2)CA Health & Safety Code § 1267.61(a)(2) A list of all prospective licensee or prospective management company’s owners or shareholders and their ownership percentages.
(3)CA Health & Safety Code § 1267.61(a)(3) A list of directors, officers, board members, and property owners of the prospective licensee and, if existing, a list of directors, officers, and board members of the prospective licensee’s parent company and proposed management company.
(4)CA Health & Safety Code § 1267.61(a)(4) The expected date of sale, assignment, lease, or other change.
(b)CA Health & Safety Code § 1267.61(b) The licensee shall post a copy of the notice required pursuant to this section on all entrance and exit doors of the facility.
(c)CA Health & Safety Code § 1267.61(c) The information required by this section shall be made available to the public by the facility upon request and shall be included in the department’s licensing database and consumer information website.
(d)CA Health & Safety Code § 1267.61(d) A licensee that fails to comply with the notification requirements of this section is liable for a civil penalty in the amount of of one hundred dollars ($100) per day for each day the notice is delayed.
(e)CA Health & Safety Code § 1267.61(e) This section applies only to license applications submitted after July 1, 2020.

Section § 1267.62

Explanation

If a facility like a nursing home (but not one part of a hospital) is sold or changes management, the new owner must keep all current employees for 60 days, except top managers like the administrator and nursing director. Employees must be offered a 60-day job in their own language, with at least 10 days to accept.

In those 60 days, the new owner can only fire employees for specific performance or conduct reasons, and can't cut their pay or benefits. The law doesn't make the state responsible for handling labor disputes. This rule applies to licenses applied for after January 1, 2020.

(a)CA Health & Safety Code § 1267.62(a) In the event of the sale, transfer of operation, including management changes, assignment, lease, or other change or transfer of ownership of a facility defined in subdivision (c) of Section 1250, excluding skilled nursing facilities that are operated as a distinct part of an acute care hospital, a prospective transferee, in the capacity of a prospective licensee, shall retain, for a 60-day transition employment period, all employees who are employed by the licensee, except for the nursing home administrator and the director of nursing.
(b)CA Health & Safety Code § 1267.62(b) The prospective licensee shall make a written offer of employment to each employee for the 60-day transition period in the employee’s primary language or another language in which the employee is literate. That offer shall state the time within which the employee shall accept the offer, but that time period may not be fewer than 10 days.
(c)CA Health & Safety Code § 1267.62(c) During the 60-day transition period, the prospective licensee shall not discharge without cause an employee retained pursuant to this section. Cause shall be based only on the performance or conduct of the particular employee.
(d)CA Health & Safety Code § 1267.62(d) Except as provided in subdivision (c), during the 60-day transition period, an employee shall not suffer any reduction in wages, benefits, or other terms and conditions of employment, economic or otherwise, as a result of the transfer or change of ownership.
(e)CA Health & Safety Code § 1267.62(e) This section does not make the department responsible for adjudicating a labor dispute or wrongful termination complaint.
(f)CA Health & Safety Code § 1267.62(f) This section applies only to license applications submitted after January 1, 2020.

Section § 1267.75

Explanation

This law allows certain intermediate care facilities with no more than six residents to use delayed egress devices, which slow down exit for safety reasons, with fenced perimeters that meet specific standards. It's meant for individuals with developmental disabilities who might lack awareness of hazards and impulse control, under certain conditions and age limits, and with approval through specific processes and assessments.

Facilities must comply with fire and safety codes, have trained staff, protect residents' rights, and have detailed operational plans approved by state departments. There's a limit on how many beds can be authorized in such facilities statewide, and emergency regulations must be developed with stakeholders.

(a)CA Health & Safety Code § 1267.75(a) A licensee of an intermediate care facility/developmentally disabled habilitative, as defined in subdivision (e) of Section 1250, or of an intermediate care facility/developmentally disabled, as defined in subdivision (g) of Section 1250, for no more than six residents, except for the larger facilities provided for in paragraph (1) of subdivision (k), may install and utilize delayed egress devices of the time delay type in combination with secured perimeters in accordance with the provisions of this section.
(b)CA Health & Safety Code § 1267.75(b) For purposes of this section, the following definitions shall apply:
(1)CA Health & Safety Code § 1267.75(b)(1) “Delayed egress device” means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any resident’s departure from the facility for longer than 30 seconds.
(2)CA Health & Safety Code § 1267.75(b)(2) “Secured perimeters” means fences that meet the requirements prescribed by this section.
(c)CA Health & Safety Code § 1267.75(c) Only individuals meeting all of the following conditions may be admitted to or reside in a facility described in subdivision (a) utilizing delayed egress devices of the time delay type in combination with secured perimeters:
(1)CA Health & Safety Code § 1267.75(c)(1) The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)CA Health & Safety Code § 1267.75(c)(2) The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)Copy CA Health & Safety Code § 1267.75(c)(3)
(A)Copy CA Health & Safety Code § 1267.75(c)(3)(A) The person shall be 14 years of age or older.
(B)CA Health & Safety Code § 1267.75(c)(3)(A)(B) Notwithstanding subparagraph (A), a child who is at least 10 years of age and less than 14 years of age may be placed in a licensed facility described in subdivision (a) using delayed egress devices of the time delay type in combination with secured perimeters only if both of the following occur:
(i)CA Health & Safety Code § 1267.75(c)(3)(A)(B)(i) A comprehensive assessment is conducted and an individual program plan meeting is convened to determine the services and supports needed for the child to receive services in a less restrictive, unlocked residential setting in California, and the regional center requests assistance from the State Department of Developmental Services’ statewide specialized resource service to identify options to serve the child in a less restrictive, unlocked residential setting in California.
(ii)CA Health & Safety Code § 1267.75(c)(3)(A)(B)(ii) The regional center requests placement of the child in a facility described in subdivision (a) using delayed egress devices of the time delay type in combination with secured perimeters on the basis that the placement is necessary to prevent out-of-state placement or placement in a more restrictive, locked residential setting such as a developmental center, institution for mental disease, or psychiatric facility, and the State Department of Developmental Services approves the request.
(4)Copy CA Health & Safety Code § 1267.75(c)(4)
(A)Copy CA Health & Safety Code § 1267.75(c)(4)(A) An interdisciplinary team, through the individual program plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined that the person lacks hazard awareness or impulse control and, for the person’s safety and security, requires the level of supervision afforded by a facility equipped with delayed egress devices of the time delay type in combination with secured perimeters and that, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive placement. The individual program planning team shall convene every 90 days after admission to determine and document the continued appropriateness of the current placement and progress in implementing the transition plan.
(B)CA Health & Safety Code § 1267.75(c)(4)(A)(B) The clients’ rights advocate for the regional center shall be notified of the proposed admission and the individual program plan meeting and may participate in the individual program plan meeting, unless the consumer objects on their own behalf.
(d)CA Health & Safety Code § 1267.75(d) The licensee shall be subject to all applicable fire and building codes, regulations, and standards, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed devices and secured perimeters.
(e)CA Health & Safety Code § 1267.75(e) The licensee shall provide staff training regarding the use and operation of the delayed egress devices of the time delay type and secured perimeters, protection of residents’ personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(f)CA Health & Safety Code § 1267.75(f) The licensee shall revise its facility plan of operation. These revisions shall first be approved by the State Department of Developmental Services. The plan of operation shall not be approved by the State Department of Public Health unless the licensee provides certification that the plan was approved by the State Department of Developmental Services. The plan shall include, but not be limited to, all of the following:
(1)CA Health & Safety Code § 1267.75(f)(1) A description of how the facility is to be equipped with secured perimeters that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.6.
(2)CA Health & Safety Code § 1267.75(f)(2) A description of how the facility will provide training for staff.
(3)CA Health & Safety Code § 1267.75(f)(3) A description of how the facility will ensure the protection of the residents’ personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code, and any applicable personal rights provided in Title 22 of the California Code of Regulations.
(4)CA Health & Safety Code § 1267.75(f)(4) A description of how the facility will manage residents’ lack of hazard awareness and impulse control behavior, which shall emphasize positive behavioral supports and techniques that are alternatives to physical, chemical, or mechanical restraints, or seclusion.
(5)CA Health & Safety Code § 1267.75(f)(5) A description of the facility’s emergency evacuation procedures.
(6)CA Health & Safety Code § 1267.75(f)(6) A description of how the facility will comply with applicable health and safety standards.
(g)CA Health & Safety Code § 1267.75(g) Delayed egress devices of the time delay type in combination with secured perimeters shall not substitute for adequate staff.
(h)CA Health & Safety Code § 1267.75(h) Emergency fire and earthquake drills shall be conducted on each shift in accordance with existing licensing requirements, and shall include all facility staff providing resident care and supervision on each shift.
(i)CA Health & Safety Code § 1267.75(i) Interior and exterior space shall be available on the facility premises to permit clients to move freely and safely.
(j)CA Health & Safety Code § 1267.75(j) For the purposes of using secured perimeters, the licensee shall not be required to obtain a waiver or exception to a regulation that would otherwise prohibit the locking of a perimeter fence or gate.
(k)CA Health & Safety Code § 1267.75(k) The state shall not authorize or fund more than a combined total of 174 beds statewide in facilities with secured perimeters under this section and under Section 1531.15. The department shall notify the appropriate fiscal and policy committees of the Legislature through the January and May budget estimates prior to authorizing an increase above a combined total of 100 beds statewide in facilities with secured perimeters under this section and under Section 1531.15.
(1)CA Health & Safety Code § 1267.75(k)(1) A minimum of 50 beds shall be available within programs designed for individuals who are designated incompetent to stand trial pursuant to Section 1370.1 of the Penal Code. These beds shall be within facilities that are exclusively used to provide care for individuals who are placed and participating in forensic competency training pursuant to Section 1370.1 of the Penal Code, except as provided in paragraph (2). No more than half of these facilities may have more than 6 beds and no facility may have more than 15 beds.
(2)CA Health & Safety Code § 1267.75(k)(2) When, in the joint determination of the regional center and the facility administrator, an individual would be most appropriately served in a specific program, regardless of whether the facility meets the criteria established in paragraph (1), individuals who are not similarly designated may be placed in the same facility. That placement may occur only when the individual’s planning team determines that the placement and the facility plan of operation meet the individual’s needs and that placement is not incompatible with the needs and safety of other facility residents.
(l)CA Health & Safety Code § 1267.75(l) This section shall become operative only upon the filing of emergency regulations by the State Department of Developmental Services. These regulations shall be developed with stakeholders, including the State Department of Public Health, consumer advocates, and regional centers. The regulations shall establish program standards for homes that include delayed egress devices of the time delay type in combination with secured perimeters, including requirements and timelines for the completion and updating of a comprehensive assessment of the consumer’s needs, including the identification through the individual program plan process of the services and supports needed to transition the consumer to a less restrictive living arrangement, and a timeline for identifying or developing those services and supports. The regulations shall establish a statewide limit on the total number of beds in homes with delayed egress devices of the time delay type in combination with secured perimeters. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
(m)CA Health & Safety Code § 1267.75(m) This section shall not apply to developmental centers and state-operated community facilities.

Section § 1268

Explanation

This statute covers the rules for issuing licenses or special permits for health facilities in California. To receive a license, applicants must meet all requirements and comply with regulations. If they don't, the license won't be granted. Licenses also can't be given for projects without a valid certificate of need, except for those providing certain rehabilitation services since 1979. Additionally, to get a license, hospitals must have a policy to inform patients about child passenger safety laws, including a summary of the laws, local programs, and dangers of improper use. Hospitals can fulfill this by distributing free materials from the California Highway Patrol, or by proving they have requested these materials.

(a)CA Health & Safety Code § 1268(a)  Upon the filing of the application for licensure or for a special permit for special services and full compliance with this chapter and the rules and regulations of the state department, the state department shall issue to the applicant the license or special permit applied for. A license shall not be issued or renewed for beds permanently converted to other than patient use and that do not meet construction and operational requirements. However, if the director finds that the applicant is not in compliance with the laws or regulations of this part, the director shall deny the applicant a license or a special permit for special services. Additionally, the director shall not issue a license covering a project within the meaning of Section 127170 for which there is no valid, subsisting, and unexpired certificate of need issued pursuant to Chapter 1 (commencing with Section 127125) of Part 2 of Division 107.
(b)CA Health & Safety Code § 1268(b)  As a condition of licensure, the director shall require evidence that the applicant have a written policy relating to the dissemination of the following information to patients:
(1)CA Health & Safety Code § 1268(b)(1)  A summary of current state laws requiring child passenger restraint systems to be used when transporting children in motor vehicles.
(2)CA Health & Safety Code § 1268(b)(2)  A listing of child passenger restraint system programs located within the county, as required by Section 27360 or 27362 of the Vehicle Code.
(3)CA Health & Safety Code § 1268(b)(3)  Information describing the risks of death or serious injury associated with the failure to utilize a child passenger restraint system.
A hospital may satisfy the requirements of this paragraph by reproducing for distribution materials specified in Section 27366 of the Vehicle Code, describing the risks of injury or death as a result of the failure to utilize passenger restraints for infants and children, as provided, without charge, by the Department of the California Highway Patrol. A hospital that does not have these materials, but demonstrates that it has made a written request to the Department of the California Highway Patrol for the materials, is in compliance with this paragraph.
(c)CA Health & Safety Code § 1268(c)  The conversion of a general acute care hospital or special hospital to a general acute care hospital that exclusively provides acute medical rehabilitation center services shall not require a certificate of need, as required by Section 127170, if the health facility is rendering the services specified in subdivision (f) of Section 1250 on January 1, 1979.

Section § 1268.5

Explanation

This law allows the state department to grant a temporary, provisional license to certain health facilities for up to six months if they mostly meet required standards but have minor issues that don’t threaten patient safety. To get this license, the applicant must also have a plan to fix any existing violations. The department can extend this provisional license for six more months for specific reasons like implementing a correction plan, complying with other regulations, changing ownership, or setting up a receivership. However, the standards for this temporary license are just as strict as for a regular license. The intention is to ensure continued Medi-Cal reimbursement when ownership of a nursing or care facility changes.

(a)CA Health & Safety Code § 1268.5(a)  Notwithstanding the provisions of Section 1268 requiring full compliance with this chapter and the rules and regulations of the state department as a condition to the issuance of a license or special permit, the state department may issue a provisional license to a health facility except for a health facility defined in subdivisions (a) and (b) of Section 1250, if:
(1)CA Health & Safety Code § 1268.5(a)(1)  The facility and the applicant for licensure substantially meet the standards specified by this chapter and regulations adopted pursuant to this chapter.
(2)CA Health & Safety Code § 1268.5(a)(2)  No violation of this chapter or regulations adopted pursuant to this chapter exists in the facility which jeopardizes the health or safety of patients.
(3)CA Health & Safety Code § 1268.5(a)(3)  The applicant has adopted a plan for correction of any existing violations which is satisfactory to the state department.
(b)CA Health & Safety Code § 1268.5(b)  A provisional license issued under this section shall expire not later than six months after the date of issuance, or at an earlier time as determined by the state department at the time of issuance, and may not be renewed. At the end of the provisional license period under this section or Section 1437 the state department shall assess the facility’s full compliance with licensure requirements. The state department may extend a provisional license for a period of no longer than six months from the time of the extension for one of the following purposes:
(1)CA Health & Safety Code § 1268.5(b)(1)  Requiring the facility’s full compliance with a plan of correction, which includes time frames, as specified by the state department.
(2)CA Health & Safety Code § 1268.5(b)(2)  Allowing the provisional licensee to comply with Section 1336.2.
(3)CA Health & Safety Code § 1268.5(b)(3)  Providing for a change of ownership.
(4)CA Health & Safety Code § 1268.5(b)(4)  Instituting a receivership of the facility.
The length of the extension period shall be determined by the state department at the time of the issuance of the extension.
(c)CA Health & Safety Code § 1268.5(c)  The department shall not apply less stringent criteria when issuing a provisional license pursuant to this section than it applies when issuing a license pursuant to Section 1268.
It is the intent of the Legislature in enacting this section to additionally provide for continuity of reimbursement under the Medi-Cal Act, Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, whenever ownership of a skilled nursing facility or intermediate care facility is transferred.

Section § 1268.6

Explanation

Starting from October 1, 2011, if you want to open a new intermediate care facility for people with developmental disabilities in California, you or your representative must attend a sixteen-hour orientation program. This program is approved by the State Department of Developmental Services.

The first eight hours will cover topics like regulatory requirements, local planning, and roles of various agencies. The next eight hours focus on business management topics such as cost reporting, accounting principles, and audit processes.

The orientation is taught by qualified community organizations and professionals with relevant degrees or experience. If you've completed this course before, you don't need to retake it to open a new facility.

(a)CA Health & Safety Code § 1268.6(a) Commencing October 1, 2011, as a requirement of initial licensure of an intermediate care facility/developmentally disabled-habilitative or an intermediate care facility/developmentally disabled-nursing, the applicant or designee of the applicant shall attend a sixteen-hour orientation program approved by the State Department of Developmental Services.
(b)CA Health & Safety Code § 1268.6(b) The sixteen-hour orientation program shall contain both of the following:
(1)CA Health & Safety Code § 1268.6(b)(1) Eight hours of the orientation program shall outline the role, requirements, and regulations of each of the following:
(A)CA Health & Safety Code § 1268.6(b)(1)(A) The scope of responsibility for operation including regulatory requirements and statutes governing the facility type.
(B)CA Health & Safety Code § 1268.6(b)(1)(B) Local planning.
(C)CA Health & Safety Code § 1268.6(b)(1)(C) Regional center and other community support services.
(D)CA Health & Safety Code § 1268.6(b)(1)(D) All federal and state agencies responsible for licensing and certification, and data collection.
(E)CA Health & Safety Code § 1268.6(b)(1)(E) Government and private agencies responsible for ensuring the rights of the developmentally disabled.
(2)CA Health & Safety Code § 1268.6(b)(2) Eight hours of the orientation program shall outline the statutory and regulatory requirements related to business management. The program shall include, but need not be limited to, all of the following:
(A)CA Health & Safety Code § 1268.6(b)(2)(A) Cost reporting.
(B)CA Health & Safety Code § 1268.6(b)(2)(B) General accounting principles.
(C)CA Health & Safety Code § 1268.6(b)(2)(C) The State Department of Health Care Services’ audit process.
(D)CA Health & Safety Code § 1268.6(b)(2)(D) The regional center vendorization process.
(c)CA Health & Safety Code § 1268.6(c) The orientation shall be conducted by relevant community services and provider organizations. Organizations conducting the orientation class shall be responsible for keeping a record of all attendees and shall provide the department with the information within 15 working days or upon request. Instructors of the orientation shall have knowledge or experience in the subject area to be taught, and shall meet any of the following criteria:
(1)CA Health & Safety Code § 1268.6(c)(1) Possession of a four-year college degree relevant to the course or courses to be taught.
(2)CA Health & Safety Code § 1268.6(c)(2) Be a health professional with a valid and current license to practice in California.
(3)CA Health & Safety Code § 1268.6(c)(3) Have at least two years experience in California as an administrator of a long-term health care facility that provides services to persons with developmental disabilities within the last eight years.
(d)CA Health & Safety Code § 1268.6(d) If the licensee can demonstrate to the satisfaction of the department that the licensee, or a representative of the licensee, has taken the orientation program any year prior to opening a new facility, the licensee shall not be required to repeat the program to open the facility.
(e)CA Health & Safety Code § 1268.6(e) This section shall become operative on October 1, 2011.

Section § 1269

Explanation

If the state department denies your application for a license or special permit, they will inform you in writing. You then have 20 days from the mailing date of the notice to submit a written request for a hearing. Once the department receives your properly formatted petition, they will schedule a hearing. This hearing will follow specific procedures outlined in another part of the Government Code, which grants the department certain authorities.

Immediately upon the denial of any application for a license or for a special permit for special services, the state department shall notify the applicant in writing. Within 20 days after the state department mails the notice, the applicant may present his written petition for a hearing to the state department. Upon receipt by the state department of the petition in proper form, such petition shall be set for hearing. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the state department has all the powers granted therein.

Section § 1270

Explanation

This law specifies situations where certain healthcare regulations don't apply. It mainly exempts facilities run by religious groups for spiritual healing rather than medical treatment. Hotels or similar places that offer only lodging and meals are also exempt, as long as they don't provide medical care. Additionally, any place offering just room and/or board without medical involvement is exempt unless residents need medical services. The definition of 'medical care' refers to services handled by health professionals or facilities like nursing care. Lastly, facilities defined under a different section (Section 1502) are also exempt.

The provisions of this chapter do not apply to the following institutions:
(a)CA Health & Safety Code § 1270(a)  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 that church or denomination.
(b)CA Health & Safety Code § 1270(b)  Hotels or other similar places that furnish only board and room, or either, to their guests.
(c)CA Health & Safety Code § 1270(c)  Any house or institution supplying board and room only, or room only, or board only; provided, that no resident thereof requires any element of medical care as determined by the department.
For the purpose of this subdivision “medical care” means those services required to be provided by health professionals in accordance with the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code. In addition, medical services means those services provided by health facilities as defined in Sections 1250, 1250.2, and 1250.3 which includes nursing care to patients whose primary need is for the availability of licensed nursing care on an extended, continuous, intermittent, or part-time basis.
(d)CA Health & Safety Code § 1270(d)  Any facility as defined in Section 1502.

Section § 1271

Explanation

This law emphasizes the need for consistent training of state personnel who enforce rules about long-term health care facilities. It requires the state department to create ongoing orientation and in-service training programs. These programs should cover basic enforcement skills, patient rights, safety, and regulations for health facilities, alongside practical training. The law also mandates continuous education to ensure staff stays competent and applies regulations consistently across the state. Furthermore, a program review function is to be established to ensure that regulations and policies are being enforced uniformly and effectively throughout California.

(a)CA Health & Safety Code § 1271(a)  The Legislature finds and declares that uniform orientation and training are fundamental to ensuring a high level of competency of state personnel charged with enforcing state law regulating the licensure, certification, and inspection of long-term health care facilities.
(b)CA Health & Safety Code § 1271(b)  The state department shall develop, adopt, and implement comprehensive continuing orientation and in-service training programs. The comprehensive programs shall, at a minimum, include, but not be limited to, both of the following:
(1)CA Health & Safety Code § 1271(b)(1)  An orientation program consisting of instruction in basic enforcement, inspection, investigation, and survey skills and techniques, patients’ rights and safety, health facility, clinic, and agency licensing regulations, and supervised on-the-job training in long-term health care facilities.
(2)CA Health & Safety Code § 1271(b)(2)  Ongoing in-service training to maintain continuing competency in existing and new inspection, investigation, and enforcement skills, patient care modalities, and to assure statewide uniform interpretation and application of long-term health care facility licensing regulations.
(c)CA Health & Safety Code § 1271(c)  The state department shall establish and maintain a program review function responsible for inspecting, monitoring, evaluating, and providing consultative support and assistance to licensing and certification field offices. The program review shall ensure that the licensing and certification field offices implement, enforce, and interpret applicable state statutes, licensing regulations, certification standards, and departmental policies and procedures in an effective and uniform manner statewide.

Section § 1271.1

Explanation

Health facilities in California can temporarily suspend up to half of their licensed beds for three years with proper notification to the state. They can't suspend all beds for basic or special services that require a special permit. If there's no local need for these beds, they can ask for an extension. If a need arises, they might have to reopen the beds or convert them permanently for other uses within a year. Facilities can reactivate suspended beds unless they don't meet current requirements. Temporary suspensions for construction or certified projects are not affected by this law. Facility bed reclassifications are allowed, but they can't eliminate all beds for a basic or special service during suspension.

(a)CA Health & Safety Code § 1271.1(a)  A health facility may place up to 50 percent of its licensed bed capacity in voluntary suspension for a period not exceeding three years, upon submitting written notification to the state department and to the Office of Statewide Health Planning and Development. However, this section does not authorize a health facility to deactivate all beds utilized for the provision of a basic service or to deactivate all beds utilized for a special service or other supplemental service for which the health facility holds a special permit or licensure approval. Prior to the expiration of the voluntary suspension, the health facility may request an extension, that may be granted by the director if the director finds, after consultation with the Director of the Office of Statewide Health Planning and Development, that there is no identified need for additional beds (of the category suspended) in the service area of the health facility. If during a period of voluntary suspension under this section the statewide Health Facilities and Services Plan identifies a need for additional beds (of the category suspended) in the health facility’s service area, the Director of the Office of Statewide Health Planning and Development may require the health facility to terminate the voluntary suspension and exercise one of the following options, at the discretion of the health facility: (1) place some or all of the suspended beds in operation, in accordance with the identified need, within one year following his or her order, or (2) alternatively have the beds deemed permanently converted to other than patient use within the meaning of Section 1268.
(b)CA Health & Safety Code § 1271.1(b)  A health facility may remove all or any portion of its voluntarily suspended bed capacity from voluntary suspension by request to the state department, which request shall be granted unless the areas housing the suspended beds fail to meet currently applicable operational requirements or fail to meet construction requirements for the health facility in effect at the time the request for suspension of the beds was received by the state department.
(c)CA Health & Safety Code § 1271.1(c)  While health facility beds are in suspension pursuant to subdivision (a), the beds shall not be deemed to be permanently converted to other than patient use, for purposes of Section 1268. The requirements of this section shall not apply to any temporary deactivation of beds necessitated by the work of construction or other activities required with respect to a project for which a certificate of need or certificate of exemption has been granted pursuant to Chapter 1 (commencing with Section 127125) of Part 2 of Division 107. Nothing in this section shall in any way limit or affect the authority of a health facility to use a portion of its beds in one bed classification in another bed classification as permitted by subdivision (a) of Section 127170, including the use of general acute care beds as skilled nursing beds; provided, however, that when beds in a particular classification are suspended pursuant to this section, the remainder of the health facility’s beds in the same classification may not be used so as to result in elimination of all beds utilized for provision of a basic service or utilized for provision of a special service or other supplemental service for which the health facility holds a special permit or licensure approval.

Section § 1271.15

Explanation

This law allows a health facility in California to temporarily stop using some or all of its licensed beds so that the space can be used as a mental health rehabilitation center. The facility must notify the State Department of Health Services and the Office of Statewide Health Planning and Development. During this time, the facility stays under the jurisdiction of the office, which will enforce relevant standards.

If the mental health center wants to return the beds to their original purpose, it just needs to request this change with the Department of Health Services. The department will generally approve this unless the facility doesn't meet current health facility standards.

The main goal of this regulation is to allow facilities flexibility to become mental health centers while keeping their licensing options open, provided they follow certain procedures.

(a)CA Health & Safety Code § 1271.15(a) Notwithstanding any provision of law to the contrary, including, but not limited to, Section 1271.1, a health facility may do any of the following:
(1)Copy CA Health & Safety Code § 1271.15(a)(1)
(A)Copy CA Health & Safety Code § 1271.15(a)(1)(A) It may place all or a portion of its licensed bed capacity in voluntary suspension for the purposes of using the facility to operate a licensed mental health rehabilitation center pursuant to Section 5675 of the Welfare and Institutions Code after submitting written notification to the State Department of Health Services and to the Office of Statewide Health Planning and Development. During the period of voluntary suspense, the facility shall remain under the jurisdiction of the office. The office shall enforce both the mental health rehabilitation center requirements and the health facility requirements of the California Building Standards Code.
(B)CA Health & Safety Code § 1271.15(a)(1)(A)(B) A mental health rehabilitation center operating under this paragraph may remove all or any portion of its voluntarily suspended bed capacity from voluntary suspension by submitting a request to the State Department of Health Services.
(C)CA Health & Safety Code § 1271.15(a)(1)(A)(C) The department shall grant the request under subparagraph (B) to remove bed capacity from voluntary suspension and to reinstatement of the health facility bed capacity, unless the facility fails to meet currently applicable operational requirements for a health facility.
(b)CA Health & Safety Code § 1271.15(b) This section authorizes the voluntary suspension of bed capacity or surrender of a license by a health facility only for the purpose of converting the facility for use as a licensed mental health rehabilitation center pursuant to Section 5675 of the Welfare and Institutions Code.

Section § 1272

Explanation

This law outlines the process and timeline for general acute care and acute psychiatric hospitals in California to apply for modifications, additions, or expansions of their services. When a hospital submits a written application, the department must evaluate and approve or deny it within 100 days. Upon approval, a regional office conducts further reviews, including possible onsite visits, within 30 business days. Any service expansion that is currently approved must be processed within 30 business days, unless the hospital violates existing laws. These expansions are licensed for up to 18 months unless further approved. The department is not required to inspect the service for approval but may do so anytime.

Furthermore, hospitals must comply with all relevant laws once they receive a license for service changes. A centralized applications advice program and an automated application system are also to be developed to help hospitals with paperwork and processing by the end of 2019.

(a)CA Health & Safety Code § 1272(a) If a general acute care hospital or an acute psychiatric hospital submits a written application to the department’s centralized applications unit, the department shall do both of the following:
(1)CA Health & Safety Code § 1272(a)(1) Complete its evaluation and approve or deny the application within 100 days of receiving it, including completing any activities pursuant to paragraph (2).
(2)CA Health & Safety Code § 1272(a)(2) Once the written application is approved, the district office of the department shall, within 30 business days from the date of approval, complete any additional review, including an onsite visit, if applicable, and submit its findings to the department. If the hospital’s application is approved, the department shall add it to the hospital’s license and issue a new or revised license on the 31st business day following approval of the written application.
(b)CA Health & Safety Code § 1272(b) Notwithstanding subdivision (a), if a general acute care hospital or an acute psychiatric hospital submits a written application to expand a service that it currently provides and that is currently approved by the department, the department shall, within 30 business days of receipt of the completed application, approve the expansion, add it to the hospital license, and issue a revised license, unless the hospital is out of compliance with existing laws governing the service to be expanded. A service approved pursuant to this subdivision shall remain licensed for not more than 18 months, unless the department approves the license for a longer period. The department shall not be required to conduct an onsite inspection of the service to approve the expansion. This subdivision does not preclude the department from conducting an onsite inspection of a hospital at any time or denying an application in accordance with this subdivision.
(c)CA Health & Safety Code § 1272(c) A general acute care hospital or an acute psychiatric hospital that receives a license to modify, add, or expand a service or program pursuant to this section shall comply with all laws related to that service or program.
(d)CA Health & Safety Code § 1272(d) The department shall develop a centralized applications advice program to assist hospitals in identifying and completing the correct paperwork and other requirements necessary to modify, add, or expand a service or program.
(e)CA Health & Safety Code § 1272(e) On or before December 31, 2019, the department shall develop an automated application system to process applications submitted pursuant to this section.