This section acknowledges a current issue with accessing home health care, noting that many agencies have closed, making it hard for those who need skilled nursing care at home. The current model caters mainly to elderly Medicare patients and does not effectively serve children and adults with disabilities.

The California Legislature aims to ensure these services are accessible, especially for people with disabilities, by creating a new licensure category for private duty nursing agencies that will maintain strong consumer protections.

The law states that if a private duty nursing agency in California is newly applying for a license, it will initially receive a provisional license instead of a permanent one. This provisional license is valid for six months. Before this period ends, the agency will undergo a thorough inspection. If it meets all the necessary standards, it will receive a regular license. If significant progress is made but standards aren't fully met, the provisional license can be renewed once for another six months.

If the agency fails to make substantial progress or doesn't meet the requirements during these inspections, no further licenses will be issued. If an application for a provisional license is denied, the applicant can request a hearing to contest this decision. The standards for granting provisional licenses are just as strict as those for permanent licenses.

This law allows a private duty nursing agency or an applicant that was previously a licensed home health agency to be issued a temporary license. This provisional license can be granted if the agency meets several conditions, such as adhering to standards, not having any violations that harm patient safety, and having a plan to fix any existing problems. The provisional license is only valid for up to six months and cannot be renewed. The same strict criteria used for permanent licenses must be applied to these provisional ones.

This law explains how to obtain a license for a private duty nursing agency in California. If you submit an application and follow the rules, the department will grant you a license. Health facilities that already have a specific type of license don’t need a new one but must still meet all requirements and pay a fee. Their approval works like a temporary license that expires each year, and it can be denied or revoked for the same reasons as a regular license. Additionally, a private duty nursing agency might be licensed under the rules for home health agencies, with specific conditions. Lastly, a home health agency with a current license can switch it to a private duty nursing license by requesting it, and the department must issue this new license quickly if they’re in good standing.

When applying for a license to operate a private duty nursing agency in California, you must pay a Licensing and Certification Program fee. This fee is required for both the main office and any additional branch offices your agency operates. This rule doesn't apply to applications made by state entities or officials. The fee amount follows the guidelines in another section, 1266.

This law states that a private duty nursing agency's license in California is valid for 12 months from the date it was issued. To keep the license active, the agency needs to apply for renewal and pay the required fee every year. The renewal must be filed at least 30 days before the license expires. If the agency doesn't renew on time, the license will expire.

This law requires private duty nursing agencies in California, that are not certified to participate in Medicare or Medicaid, to be regularly inspected by state representatives. The purpose of these inspections is to ensure the agency is following state rules and providing high-quality care as per doctor's orders. Additionally, if an agency does not serve Medicare beneficiaries, it doesn't need to comply with Medicare-specific conditions of participation.

This section outlines how the department in charge must regulate private duty nursing agencies similarly to home health agencies. They are required to use current home health agency rules, but they can later change these rules as needed to ensure public health and safety. This includes getting recommendations from various health professionals and complying with specific government procedures.

For private duty nursing agencies, the same rules on handling and transporting medical devices apply as for home health agencies, particularly concerning devices needing a doctor's order.

Overall, the goal is to have the same types of regulations apply to both types of facilities, unless specific laws say otherwise.

This law explains that the department can refuse, suspend, or take away a private duty nursing license for certain reasons, like breaking laws, helping others break the law, or lying on their license application. If any of these issues occur, the department will follow specific procedures outlined in another section of the law. Even if a license expires or the nurse gives it up without permission, the department can still take action against them, including ongoing disciplinary steps, if they have a good legal reason.

This section explains the process for reinstating a revoked or surrendered license. If a license is taken away under the rules of this chapter, it can be given back according to another law, Section 11522 of the Government Code. If someone wishes to give up their license, they can do so with department approval for it to be suspended or canceled. To get a suspended or canceled license back, one must apply again and meet certain conditions outlined in Section 1743.7.

This law states that if you belong to a recognized church or religious group that believes in healing through prayer or spiritual practices, the rules of this chapter don't apply to you when you seek care or treatment for sickness in line with your religion.

Private duty nursing agencies in California must follow certain rules. They need to create a treatment plan for each patient and keep detailed clinical records. The agencies must have annual reviews of their patient care policies by a professional team, including physicians and registered nurses, and adjust policies as needed. They must adhere to all relevant federal, state, and local laws. Additionally, they have to establish and annually review policies related to the handling of medical devices, which need oversight from healthcare professionals like doctors, pharmacists, and nurses. Finally, they must comply with any extra standards set by the department.

In simple terms, if someone breaks the rules set out in this chapter, they can be charged with a misdemeanor. If they are found guilty, they could be fined up to $1,000, jailed for up to 180 days, or both.

This law allows the director to file a lawsuit in the local superior court to stop someone from breaking, or planning to break, Section 1743. They don’t need to prove that other legal remedies won’t work or that there’s irreparable harm. The legal process for this follows specific rules, but with these exceptions for the director.

This law allows officers, employees, or agents from the department to enter and inspect the facilities, records, or files of a private duty nursing agency. They can do this at any reasonable time to make sure the agency is following the rules or to prevent any violations.

This law requires the district attorney in each county to start and manage the prosecution of any violations of this chapter, but only if the department or an authorized representative requests it.

This law requires anyone wanting to get a license for certain health-related activities, like running a private nursing agency, to apply to the state department using a specific form. The form will include necessary information needed by the department to ensure proper regulation and enforcement.

To get a license for a private duty nursing agency, several conditions must be met. First, applicants and key people involved need to demonstrate good moral character and the ability to follow the rules. They must also submit fingerprints for a criminal record check. Specific individuals, like owners and administrators, are responsible for this.

Before hiring certain staff, a facility must ensure their criminal record is cleared, which means checking their criminal background and confirming they are suitable for the role. If a person is denied a background clearance, they can request a copy of their criminal record information.

Applicants must disclose any past convictions or arrests and confirm their information is accurate. False statements can lead to penalties, including denial or revocation of the application. Moreover, applicants are responsible for costs related to fingerprinting. If there's a felony conviction or evidence suggesting unsuitability, the license might be denied, unless the individual proves they've been rehabilitated.