In enacting this chapter, it is the intent of the Legislature to create, within the state department, a program for licensing pediatric day health and respite care facilities to serve the needs of medically fragile and terminally ill children and their families.
Chapter 8.6Pediatric Day Health and Respite Care Facilities
Section § 1760
This law section states that the California Legislature aims to establish a program to license facilities dedicated to providing day health and respite care for medically fragile and terminally ill children and their families.
pediatric care facilities day health program respite care medically fragile children terminally ill children family support licensing program state department initiative children's healthcare care for terminal illness
Section § 1760.2
This law defines important terms for facilities providing pediatric day health and respite care services. A "pediatric day health and respite care facility" is for medically fragile children up to age 21, and older patients may continue with approval. "Medically fragile" refers to children needing constant medical care for serious health issues like lung disease, heart disease, or seizure disorders. "Technology-dependent patients" rely on medical devices and consistent care. "Respite care" offers parents a break and includes meals and activities, limited to 30 days per year per child. "Comprehensive case management" covers evaluating and coordinating care for these children. A "license" grants permission to operate these facilities or provide specific services within a health facility. The "state department" overseeing these definitions is the State Department of Public Health.
As used in this chapter, the following definitions shall apply:
(a)Copy CA Health and Safety Code § 1760.2(a)
(1)Copy CA Health and Safety Code § 1760.2(a)(1) “Pediatric day health and respite care facility” means a facility that provides an organized program of therapeutic social and day health activities and services and limited 24-hour inpatient respite care to medically fragile children 21 years of age or younger, including terminally ill and technology-dependent patients, except as provided in paragraph (2) and Section 1763.4.
(2)CA Health and Safety Code § 1760.2(a)(2) An individual who is 22 years of age or older may continue to receive care in a pediatric day health and respite care facility if the facility receives approval from the state department for a Transitional Health Care Needs Optional Service Unit pursuant
to Section 1763.4. A patient who previously received services from a pediatric day health and respite care facility, who is 22 years of age or older, and who satisfies the requirements of Section 1763.4, may also receive services in an optional service unit.
(b)CA Health and Safety Code § 1760.2(b) “Medically fragile” means having an acute or chronic health problem that requires therapeutic intervention and skilled nursing care during all or part of the day. Medically fragile problems include, but are not limited to, HIV disease, severe lung disease requiring oxygen, severe lung disease requiring ventilator or tracheostomy care, complicated spina bifida, heart disease, malignancy, asthmatic exacerbations, cystic fibrosis exacerbations, neuromuscular disease, encephalopathies, and seizure disorders.
(c)CA Health and Safety Code § 1760.2(c) “Technology-dependent patient” means a person who, from birth, has a chronic disability, requires the routine use
of a specific medical device to compensate for the loss of use of a life-sustaining body function, and requires daily, ongoing care or monitoring by trained personnel.
(d)CA Health and Safety Code § 1760.2(d) “Respite care” means day and 24-hour relief for the parent or guardian and care for the patient. 24-hour inpatient respite care includes, but is not limited to, 24-hour nursing care, meals, socialization, and developmentally appropriate activities. As used in this chapter, “24-hour inpatient respite care” is limited to no more than 30 intermittent or continuous whole calendar days per patient per calendar year.
(e)CA Health and Safety Code § 1760.2(e) “Comprehensive case management” means locating, coordinating, and monitoring services for the eligible patient population and includes all of the following:
(1)CA Health and Safety Code § 1760.2(e)(1) Screening of patient referrals to identify those persons who can benefit
from the available services.
(2)CA Health and Safety Code § 1760.2(e)(2) Comprehensive patient assessment to determine the services needed.
(3)CA Health and Safety Code § 1760.2(e)(3) Coordinating the development of an interdisciplinary comprehensive care plan.
(4)CA Health and Safety Code § 1760.2(e)(4) Determining individual case cost effectiveness and available sources of funding.
(5)CA Health and Safety Code § 1760.2(e)(5) Identifying and maximizing informal sources of care.
(6)CA Health and Safety Code § 1760.2(e)(6) Ongoing monitoring of service delivery to determine the optimum type, amount, and duration of services provided.
(f)CA Health and Safety Code § 1760.2(f) “License” means a basic permit to operate a pediatric day health and respite care facility. With respect to a health facility licensed pursuant to Chapter 2 (commencing with Section
1250), “license” means a special permit authorizing the health facility to provide pediatric day health and respite care services as a separate program in a distinct part of the facility.
(g)CA Health and Safety Code § 1760.2(g) “State department” means the State Department of Public Health.
pediatric day health care respite care facility medically fragile children technology-dependent patients 24-hour inpatient care therapeutic services interdisciplinary care plan case management State Department of Public Health health problem intervention equipment-dependent care parent relief terminally ill children developmentally appropriate activities inpatient care limit
Section § 1760.4
This law outlines the rules for licensing pediatric day health and respite care facilities in California. The state must create regulations ensuring these facilities are safe, have proper staff, and meet specified service standards. An advisory committee will help develop these regulations, which must be finalized by July 1, 1993. In the meantime, temporary rules allow these centers to operate under existing standards for similar care facilities.
Some existing regulations do not apply to these facilities, but they must still ensure medication safety and form a patient care committee. This committee oversees care quality, reviews policies, and handles issues like infection control and drug management. The facilities can request permission to use alternative methods, but these need state approval and must be posted publicly if granted.
(a)CA Health and Safety Code § 1760.4(a) The state department shall develop and adopt regulations for the licensure of, and shall license, pediatric day health and respite care facilities. The regulations shall include minimum standards for the following:
(1)CA Health and Safety Code § 1760.4(a)(1) Adequacy, safety, and sanitation of the physical plant and equipment.
(2)CA Health and Safety Code § 1760.4(a)(2) Staffing with duly qualified personnel.
(3)CA Health and Safety Code § 1760.4(a)(3) Training of the staff.
(4)CA Health and Safety Code § 1760.4(a)(4) Providing the services offered.
These regulations shall be filed with the
Secretary of State no later than July 1, 1993.
(b)CA Health and Safety Code § 1760.4(b) The state department shall establish within the state department an advisory committee of experts to assist in the development of the regulations required pursuant to this section. A representative of the state department shall act as chairperson of the committee. The members of the committee shall serve without compensation, but shall be reimbursed by the state department for all necessary expenses incurred in the actual performance of their duties. To the extent sufficient funds have been appropriated in the Budget Act, the state department may provide staff support to the committee as the state department deems is necessary for the conduct of the committee’s business. The committee shall meet at the state director’s pleasure until the time that the proposed regulations are presented for adoption at the public hearing.
(c)CA Health and Safety Code § 1760.4(c) Pending adoption of the regulations pursuant to subdivision (b), an entity may be licensed as a pediatric day health and respite care facility if it meets interim regulations administered by the state department for congregate living health facilities pursuant to Section 1267.13.
(d)Copy CA Health and Safety Code § 1760.4(d)
(1)Copy CA Health and Safety Code § 1760.4(d)(1) In addition to the exceptions from regulations described in subdivision (n) of Section 1267.13, a pediatric day health and respite care facility shall not be required to conform to the following regulations contained in Chapter 3 of Division 5 of Title 22 of the California Code of Regulations: 72329.1, 72353, 72359, 72363, 72365, 72371, subdivisions (b) and (c) of Section 72375, subdivision (b) of Section 72377, 72516, 72525, and 72531.
(2)CA Health and Safety Code § 1760.4(d)(2) A pediatric day health and respite care facility shall not be required to meet the requirements of Section 72367 of
Article 3 of Chapter 3 of Division 5 of Title 22 of the California Code of Regulations, except that medications brought by or with the patient on admission to the facility shall not be used unless, after admission by the facility, the contents of the containers have been examined and positively identified by a licensed nurse, in accordance with his or her scope of practice.
(e)CA Health and Safety Code § 1760.4(e) A pediatric day health and respite care facility shall have a patient care committee to address quality of care provided in the facility, including, but not limited to, patient care policies, pharmacy services, and infection control.
(1)CA Health and Safety Code § 1760.4(e)(1) The pediatric day health and respite care facility shall maintain minutes of every committee meeting and indicate the names of members present, the date, the length of the meeting, the subject matter discussed, and any action taken.
(2)CA Health and Safety Code § 1760.4(e)(2) The patient care committee shall include the medical director, dietician, pharmacist, nursing staff, nurse supervisor, center administrator or director, and other staff as may be required by facility policies and procedures.
(3)CA Health and Safety Code § 1760.4(e)(3) The patient care committee shall meet at least twice per year or more often if a need or problem is identified by the committee.
(4)CA Health and Safety Code § 1760.4(e)(4) The patient care committee shall be responsible for all of the following:
(A)CA Health and Safety Code § 1760.4(e)(4)(A) Reviewing and approving all policies relating to patient care. Based on reports received from the pediatric day health and respite care facility’s administrator, the committee shall review the effectiveness of policy implementation and shall make recommendations to the administrator of the facility for the improvement of
patient care. The committee shall review patient care policies annually and revise the policies as necessary. The committee’s minutes shall list the policies the committee reviewed.
(B)CA Health and Safety Code § 1760.4(e)(4)(B) Infection control in the facility, which shall include, but not be limited to, establishing, reviewing, monitoring, and approving policies and procedures for investigating, controlling, and preventing infections in the facility, and maintaining, reviewing, and reporting statistics of the number, types, sources, and locations of infections within the pediatric day health and respite care facility.
(C)CA Health and Safety Code § 1760.4(e)(4)(C) Establishing, reviewing, and monitoring the storage and administration of drugs and biologicals, reviewing and taking appropriate action based on any findings from a pharmacist hired to consult with the committee and internal quality assurance reviews, and recommending improvements of services to the
administrator of the facility.
(f)Copy CA Health and Safety Code § 1760.4(f)
(1)Copy CA Health and Safety Code § 1760.4(f)(1) A pediatric day health and respite care facility shall comply with licensing requirements. The state department may, upon written request of an applicant or licensee, approve the use of alternate concepts, methods, procedures, techniques, equipment, personnel qualifications, or conducting pilot projects, provided those alternatives are carried out with safe and adequate care for the patients and with the prior written approval of the state department. The state department’s approval shall provide for the terms and conditions under which the alternatives are granted. An applicant’s or licensee’s written request shall be accompanied by substantiating evidence supporting the request pursuant to this paragraph.
(2)CA Health and Safety Code § 1760.4(f)(2) The state department’s review of written requests submitted under this subdivision shall consider the unique
nature of services provided to individuals served by the pediatric day health and respite care facility when compared to the requirements for congregate living health facilities for individuals requiring inpatient care.
(3)CA Health and Safety Code § 1760.4(f)(3) If the state department grants an approval under this subdivision, a pediatric day health and respite care facility shall immediately post that approval, or a true copy of that approval, adjacent to the facility’s license.
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Section § 1760.5
This law states that pediatric day health and respite care facilities in California must pay an annual fee for their licensing and certification. The amount of this fee is determined as per guidelines in a different section.
The annual Licensing and Certification Program fee for a pediatric day health and respite care facility, as defined in Section 1760.2, shall be set in accordance with Section 1266.
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Section § 1760.6
This California law requires pediatric day health and respite care facilities to offer a range of essential services, including medical, nursing, pharmacy, nutrition, socialization, and activities suitable for child development.
In addition, these facilities may offer extra services like physical therapy, developmental and educational services, occupational and speech therapy, psychological support, respite care, and training for parents or guardians. Comprehensive case management is also included if it's not otherwise accessible to the client.
(a)CA Health and Safety Code § 1760.6(a)
A pediatric day health and respite care facility shall provide all of the following services:
(1)CA Health and Safety Code § 1760.6(a)(1)
Medical.
(2)CA Health and Safety Code § 1760.6(a)(2)
Nursing.
(3)CA Health and Safety Code § 1760.6(a)(3)
Pharmacy.
(4)CA Health and Safety Code § 1760.6(a)(4)
Nutrition.
(5)CA Health and Safety Code § 1760.6(a)(5)
Socialization.
(6)CA Health and Safety Code § 1760.6(a)(6)
Developmentally appropriate activities.
(b)CA Health and Safety Code § 1760.6(b)
Services which may be provided by a pediatric day health and respite care facility include, but are not limited to, any of the following:
(1)CA Health and Safety Code § 1760.6(b)(1)
Physical therapy.
(2)CA Health and Safety Code § 1760.6(b)(2)
Developmental services.
(3)CA Health and Safety Code § 1760.6(b)(3)
Occupational and speech therapy.
(4)CA Health and Safety Code § 1760.6(b)(4)
Educational and psychological services.
(5)CA Health and Safety Code § 1760.6(b)(5)
Respite care.
(6)CA Health and Safety Code § 1760.6(b)(6)
Instruction for parents or guardians.
(7)CA Health and Safety Code § 1760.6(b)(7)
Comprehensive case management, if not otherwise available for the client.
pediatric care day health facility respite care medical services nursing services pharmacy services nutrition services child socialization developmental activities physical therapy occupational therapy speech therapy psychological services parent instruction case management
Section § 1760.7
A pediatric day health and respite care facility must ensure that any pharmacy services they provide meet specific requirements. The medications must be supplied by the patient's parent or guardian in their original packaging with administration instructions. Only licensed nursing staff can handle medication receipt and administration based on current written orders from the patient's physician.
Facilities cannot order or accept deliveries directly from pharmacies, and any medication must be verified as physician-ordered before administration. They also need to keep medication records as part of the patient's care plan for at least one year. Facilities can provide treatment for conditions like pain or nausea only if those are outlined in the care plan, and they must comply with specific state and federal laws regarding medication container labeling.
The facility should not accept expired or soon-to-expire medication and must observe additional regulatory requirements to ensure patient safety and compliance with medication handling and administration laws.
A pediatric day health and respite care facility shall provide pharmacy services that satisfy all of the following:
(a)Copy CA Health and Safety Code § 1760.7(a)
(1)Copy CA Health and Safety Code § 1760.7(a)(1) Medications shall be supplied to the licensed nursing personnel of the pediatric day health and respite care facility by the patient’s parent, foster parent, or legal guardian in the original dispensing container that specifies administration instructions.
(2)CA Health and Safety Code § 1760.7(a)(2) Medications shall be administered only upon written and signed orders of the patient’s attending physician.
(3)CA Health and Safety Code § 1760.7(a)(3) The pediatric day health and respite care facility shall not order medications from a
pharmacy or take delivery of medications from a pharmacy.
(4)CA Health and Safety Code § 1760.7(a)(4) The pediatric day health and respite care facility shall not accept a patient into the facility if the patient’s medications have expired or are scheduled to expire during the patient’s stay at the facility.
(b)Copy CA Health and Safety Code § 1760.7(b)
(1)Copy CA Health and Safety Code § 1760.7(b)(1) Physician orders shall be current and maintained in the patient’s medical record at the pediatric day health and respite care facility. Verbal orders from the attending physician for services to be rendered at the facility may be received and recorded by licensed nursing personnel in the patient’s medical record at the facility and shall be signed by the attending physician within 30 working days.
(2)CA Health and Safety Code § 1760.7(b)(2) Medications shall not be administered to a patient unless the facility first verifies that the medication was ordered by a
physician. Verification may be obtained by contacting the physician’s office or by being provided with a copy of the physician’s order for the medication.
(c)CA Health and Safety Code § 1760.7(c) The pediatric day health and respite care facility shall maintain records of medication administered for at least one year, unless a longer period is required by state or federal law. The records of medication administered shall be a part of the patient’s plan of care.
(d)CA Health and Safety Code § 1760.7(d) The pediatric day health and respite care facility may treat changes in the patient’s condition, such as new onset pain, nausea, diarrhea, infections, or other similar changes, in accordance with the patient’s plan of care if the patient has been prescribed medications to treat these anticipated symptoms, and the treatment does not present a risk to the health and safety of themselves, other patients, staff, or other individuals with whom the patient may
come into contact. A patient who presents with symptoms that are not anticipated or planned for in the plan of care shall not remain in the facility.
(e)CA Health and Safety Code § 1760.7(e) Other requirements as specified in subdivision (a) of Section 72375, and subdivision (a) of Section 72377, of Article 3 of Chapter 3 of Division 5 of Title 22 of the California Code of Regulations.
(f)CA Health and Safety Code § 1760.7(f) Only licensed nursing personnel, acting in accordance with their scope of practice, may accept, inspect the condition of medical containers, and record the receipt and the return of all medications in a pediatric day health and respite care facility. The facility shall comply with Section 72313 of Title 22 of the California Code of Regulations with regard to the administration of medication.
(g)CA Health and Safety Code § 1760.7(g) A pediatric day health and respite care facility shall comply with all
applicable state and federal laws regarding the labeling condition of medication containers.
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Section § 1760.8
This law allows pediatric day health and respite care facilities in California to set their own admission criteria, as long as those criteria are approved by the state department.
Children accepted into these facilities must meet certain requirements: they must be medically stable as confirmed by their doctor, be under a doctor's care who approves their care plan, have current immunizations unless there's a medical exemption, and pose no infection risk to others at the facility. Additionally, the child's parent or guardian must consent to the admission.
(a)CA Health and Safety Code § 1760.8(a)
A pediatric day health and respite care facility may establish admission criteria based upon the compatibility of the developmental needs of the persons served and the facility’s ability to meet those needs. All admission criteria established by the facility shall be approved by the state department.
(b)CA Health and Safety Code § 1760.8(b)
A child accepted for care in a pediatric day health and respite care facility shall satisfy all of the following criteria:
(1)CA Health and Safety Code § 1760.8(b)(1)
Be medically stable, as determined by the child’s attending physician and surgeon.
(2)CA Health and Safety Code § 1760.8(b)(2)
Be under the care of a physician and surgeon who approves the plan of care.
(3)CA Health and Safety Code § 1760.8(b)(3)
Have current immunization records unless medically contraindicated as stated by the child’s attending physician and surgeon at the time of admission and pose no significant risk of infection to others in the facility.
(4)CA Health and Safety Code § 1760.8(b)(4)
Have the consent of the parent or legal guardian for the admission.
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Section § 1760.9
A pediatric care facility can ban smoking by anyone within the facility or on its grounds. This is allowed if the smoking ban is clearly spelled out in the admission agreement and signs are posted to inform everyone on site.
A pediatric day health and respite care facility may implement policies and procedures that prohibit smoking by patients, parents, staff, visitors, or consultants within the facility or on the premises, if the prohibition is clearly stated in the admission agreement, and notices are posted at the facility.
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Section § 1761
This law requires that pediatric day health and respite care facilities have their own separate licenses. Each facility must operate with its designated license to ensure proper regulatory compliance.
Pediatric day health and respite care facilities shall be separately licensed.
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Section § 1761.2
This law requires pediatric day health and respite care centers to follow the same fire and earthquake safety standards as community care facilities of similar size and client characteristics. Other state or local fire and seismic safety rules do not apply; only these established standards must be uniformly enforced by fire officials.
(a)CA Health and Safety Code § 1761.2(a)
Pediatric day health and respite care facilities shall meet the same fire safety standards adopted by the State Fire Marshal that apply to community care facilities, as defined in Section 1502, of similar size and with clients of similar age and ambulatory status. No other state or local requirements relating to fire safety shall apply to these facilities and the requirements in this section shall be uniformly enforced by state and local fire authorities.
(b)CA Health and Safety Code § 1761.2(b)
Pediatric day health and respite care facilities shall meet the same seismic safety standards that apply to community care facilities, as defined in Section 1502, of similar size and with clients of similar age and ambulatory status. No additional state or local requirements relating to seismic safety shall apply to these facilities.
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Section § 1761.4
This section states that a small pediatric day health and respite care facility with six beds or less should be treated like a regular home when it comes to zoning laws. However, local governments can still enforce rules about building features like height and size as long as those rules are the same as those for single-family homes.
A pediatric day health and respite care facility of six beds or less shall be considered a residential use of property for purposes of any zoning ordinance or law related to the residential use of property. This section does not prohibit any city, county, or other local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of a pediatric day health and respite care facility as long as those restrictions are identical to those applied to single-family residences.
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Section § 1761.6
This law requires pediatric day health and respite care facilities to display their license, or a certified copy, prominently where the public can see it.
A pediatric day health and respite care facility shall conspicuously post the license, or a true copy thereof, in a location accessible to public view.
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Section § 1761.8
This law states that pediatric day health and respite care facilities don't need to have their architectural plans reviewed or undergo inspections by the Office of Statewide Health Planning and Development. However, they must prove they meet local building codes when applying for a license. Additionally, their facilities must be fit to offer the necessary care and services as judged by the state department.
A pediatric day health and respite care facility shall not be subject to architectural plan review or field inspection by the Office of Statewide Health Planning and Development. However, as part of the application for licensure, an applicant shall submit evidence of compliance with local building code requirements. In addition, the physical environment shall be adequate to provide the level of care and service required by the clients of the facility as determined by the state department.
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Section § 1761.85
This law allows for flexibility in building design and materials. As long as the local building authority provides written approval, alternative designs, space usage, equipment, and materials can be used even if they are not specified by other sections mentioned.
Sections 1761.2, 1761.4, and 1761.8 do not prohibit the use of alternate space utilization, new concepts of design, treatment techniques, equipment and alternate finish materials, or other flexibility, if written approval is granted by the local building authority.
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Section § 1762
To get a license for running a pediatric day health and respite care facility, individuals or entities must submit a verified application using a specific form from the state department. This form gathers necessary information for managing and enforcing the rules of the chapter.
Once they receive a complete application, the state department must start an initial inspection of a Transitional Health Care Needs Optional Service Unit within 60 days.
(a)CA Health and Safety Code § 1762(a) In order to obtain a license under the provisions of this chapter to establish, conduct, or maintain a pediatric day health and respite care facility, a person, entity, political subdivision of the state, or governmental agency shall file with the state department a verified application on a form prescribed, prepared, and furnished by the state department, containing information as may be required by the state department for the proper administration and enforcement of this chapter.
(b)CA Health and Safety Code § 1762(b) The state department shall initiate an initial licensing inspection of a Transitional Health Care Needs Optional Service Unit within 60 days of receipt of a completed
application.
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Section § 1762.2
This section explains the process for obtaining a provisional license for pediatric day health and respite care facilities in California. A new facility not previously licensed can get a provisional license after a site visit confirms it mostly follows the rules. This provisional license lasts for six months or until a complete inspection happens.
Before the provisional license ends, the state inspects the facility. If it meets all requirements, it can receive a regular license. If it hasn't fully met the requirements but is making good progress, the provisional license can be extended for another six months.
If a facility fails to show sufficient progress or comply with requirements by the end of its renewed provisional period, it won't get a new license. If denied a provisional license, the applicant can request a hearing. The criteria for provisional licensing are the same as for permanent licenses to ensure consistency.
(a)CA Health and Safety Code § 1762.2(a) If a pediatric day health and respite care facility or an applicant for a license has not been previously licensed, the state department shall issue a provisional license to the facility only as provided in this section.
(b)CA Health and Safety Code § 1762.2(b) The state department shall not issue a provisional license unless, after an onsite survey by the state department, the state department finds that the pediatric day health and respite care facility is in substantial compliance with the requirements of this chapter.
(c)CA Health and Safety Code § 1762.2(c) A provisional license to operate a pediatric day health and respite care facility shall terminate six months from the date of issuance, or the date
that the state department is able to conduct a full and complete inspection, whichever is later.
(d)CA Health and Safety Code § 1762.2(d) Within 30 days prior to the termination of a provisional license, the state department shall give the facility a full and complete inspection, and, if the facility meets all applicable requirements for licensure, a regular license shall be issued. If the facility does not meet the requirements for licensure but has made substantial progress towards meeting the requirements, as determined by the state department, the initial provisional license shall be renewed for six months.
(e)CA Health and Safety Code § 1762.2(e) If the state department determines that there has not been substantial progress towards meeting licensure requirements at the time of the first full inspection provided by this section, or, if the state department determines upon its inspection made within 30 days of the termination of a renewed
provisional license that there is lack of full compliance with the requirements, the state department shall not issue a further license.
(f)CA Health and Safety Code § 1762.2(f) If an applicant for a provisional license to operate a pediatric day health and respite care facility has been denied provisional licensing by the state department, the applicant may contest the denial by filing a request for a hearing pursuant to Section 131071.
(g)CA Health and Safety Code § 1762.2(g) The state department shall not apply less stringent criteria when granting a provisional license pursuant to this section than it applies when granting a permanent license.
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Section § 1762.4
In California, a license issued under this chapter is valid for one year. To renew it, the licensee must pay a fee that covers regulatory costs at least 30 days before the license expires, provided they receive a renewal notice from the state department at least 45 days before expiration.
The renewal must include the fee, and once that's submitted, the license is considered renewed from its original expiration date. The state department is required to send the renewed license within 15 days of receiving the renewal fee.
(a)CA Health and Safety Code § 1762.4(a) A license issued under this chapter shall expire 12 months from the date of its issuance. The licensee shall pay a fee, not to exceed the reasonable regulatory cost to the state department, to the state department annually, not less than 30 days prior to expiration date, subject to the state department mailing the notice of renewal in accordance with subdivision (b).
(b)Copy CA Health and Safety Code § 1762.4(b)
(1)Copy CA Health and Safety Code § 1762.4(b)(1) At least 45 days prior to the expiration of a license issued pursuant to this chapter, the state department shall mail a notice for renewal to the licensee.
(2)CA Health and Safety Code § 1762.4(b)(2) A license renewal shall be submitted with the necessary fee in accordance with
subdivision (a). A license shall be deemed renewed upon payment of the necessary fee, commencing from the license’s expiration date. If the requirements of this section are satisfied, the state department shall issue a license to the facility by the expiration date of the license to ensure the provider remains in good standing. The facility’s license shall be mailed within 15 calendar days after the date the state department receives the renewal fee.
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Section § 1762.6
This law requires that every licensed pediatric day health and respite care facility in California gets inspected periodically by a state department representative. The purpose of these inspections is to ensure the facilities follow all relevant laws and regulations. After each inspection, the representative completes a report, which is submitted to the state department for review.
Every pediatric day health and respite care facility for which a license has been issued shall be periodically inspected by a duly authorized representative of the state department. Reports of each inspection shall be prepared by the representative upon forms prepared and furnished by the state department and filed with the state department. The inspection shall be for the purpose of ensuring that the pediatric day health and respite care facility is complying with the provisions of this chapter and the rules and regulations of the state department.
pediatric care facility inspections respite care facility compliance state department representatives health facility inspections inspection reports regulations compliance facility licensing requirements health department oversight pediatric day health facilities state inspections pediatric facility regulations
Section § 1762.8
This section lets the state department refuse to issue or can suspend or take away a healthcare license if certain rules are broken. Reasons for this action include: a serious violation that puts patient health and safety at risk, helping or allowing illegal activities, or intentionally leaving out or lying about important information on a license application.
The state department may deny an application for, or suspend or revoke a license issued under the provisions of this chapter in the manner provided in Section 1763 upon, any of the following grounds:
(a)CA Health and Safety Code § 1762.8(a) A serious violation by the licensee of any of the provisions of this chapter, of any other law, or of the rules and regulations promulgated under this chapter that jeopardizes the health and safety of patients.
(b)CA Health and Safety Code § 1762.8(b) Aiding, abetting, or permitting the commission of any illegal act.
(c)CA Health and Safety Code § 1762.8(c) Willful omission or falsification of a material fact in the application for a
license.
license denial license suspension license revocation serious violation jeopardizing health and safety illegal act aiding illegal activity omission of material fact falsification on application healthcare license regulatory compliance patient safety license application health department actions
Section § 1763
This law explains that if there are proceedings to deny, suspend, or revoke a license, or deny or withdraw approval, they should be carried out as outlined in Section 131071. The law also states that even if a license stops being valid due to suspension, expiration, or surrender, the state department can still proceed with disciplinary actions like suspension or revocation.
Proceedings for the denial, suspension, or revocation of licenses, or denial or withdrawal of approval under this chapter shall be conducted in accordance with Section 131071. The suspension, expiration, or forfeiture by operation of law of a license issued by the state department, its suspension, forfeiture, or cancellation by order of the state department or by order of a court, or its surrender without the written consent of the state department, shall not deprive the state department of its authority to institute or continue a disciplinary proceeding against the licensee upon any ground provided by law or to enter an order suspending or revoking the license or otherwise taking disciplinary action against the licensee on any of those grounds.
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Section § 1763.2
This law gives the state department the power to allow exceptions to certain regulations as long as patient health, safety, and care quality are not affected. Anyone wanting such an exception must ask in writing and provide detailed reasons and documentation. The department must approve in writing, laying out any terms and conditions.
The state department has authority to make reasonable accommodation for exceptions to the standards in this chapter if the health, safety, and quality of patient care is not compromised. Prior written approval communicating the terms and conditions under which the exception is granted shall be required. An applicant shall request an exception in writing accompanied by detailed supporting documentation.
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Section § 1763.4
This law defines key terms and sets standards for a part of pediatric day health and respite care facilities called the Transitional Health Care Needs Optional Service Unit. This unit is for patients who are 22 years or older, but older children 18-21 can also be included. If those aged 15-17 are to be cared for here, a special waiver is needed. Crucially, adults using this unit must have a developmental age of 18 or younger. Facilities must have approval from the state, and care areas for adults must be separate from those for younger patients, unless otherwise specified. Well-documented policies and procedures must guide care and require approval from relevant departments. Staffing and equipment must adequately support adult patients.
(a)CA Health and Safety Code § 1763.4(a) For purposes of this chapter, the following definitions shall apply:
(1)CA Health and Safety Code § 1763.4(a)(1) “Distinct part” means an identifiable unit accommodating beds or patient space, including, but not limited to, contiguous beds or patient space, a wing, floor, or building approved by the state department for a specific purpose.
(2)CA Health and Safety Code § 1763.4(a)(2) “Older children” means patients who are 18 to 21 years of age, inclusive.
(3)CA Health and Safety Code § 1763.4(a)(3) “Transitional Health Care Needs Optional Service Unit” or “optional service unit” means a functional unit of a pediatric day health and respite care facility that is organized, staffed, and
equipped to provide care to individuals who are 22 years of age or older.
(A)CA Health and Safety Code § 1763.4(a)(3)(A) Patients receiving care in the optional service unit shall be in age-appropriate groupings as provided for in the pediatric day health and respite care facility’s policies and procedures. Older children are not precluded from being cared for in the same optional service unit as the patients who are 22 years of age or older. If a pediatric day health and respite care facility proposes to provide care to older children in the optional service unit, the facility shall have policies, procedures, equipment, and supplies to meet the needs of those patients. Patients who are 15 to 17 years of age, inclusive, may also be considered for care in the optional service unit if the pediatric day health and respite care facility obtains an individual age waiver from the regional center, with the concurrence of the department. A pediatric day health and respite care facility is not
required to operate an optional service unit.
(B)CA Health and Safety Code § 1763.4(a)(3)(B) In order to continue receiving care in the pediatric day health and respite care facility, patients who are 22 years of age or older shall have a developmental age of 18 years of age or younger, as evidenced by the patient’s Individual Education Plan (IEP), Regional Center Assessment, physician’s assessment, or other assessment using a standardized assessment tool that is nationally recognized in the field. A patient who previously received services from a pediatric day health and respite care facility, who is 22 years of age or older, and who satisfies the requirements of this subparagraph may also receive services in an optional service unit.
(b)CA Health and Safety Code § 1763.4(b) An optional service unit shall be subject to the approval of the state department. A pediatric day health and respite care facility desiring approval for an optional service unit shall
file an application on forms furnished by the state department. The state department shall list on the facility license each optional service for which approval is granted.
(c)CA Health and Safety Code § 1763.4(c) Except as provided in subparagraph (A) of paragraph (3) of subdivision (a), care for patients who are 22 years of age or older shall be provided in a distinct part of the pediatric day health and respite care facility or optional service unit, separate from the area where care is provided to patients who are 21 years of age or younger. The facility shall establish and implement policies and procedures for determining the age ranges of patients who are cared for in the optional service unit. These policies and procedures shall include, but not be limited to, consideration of the patient’s chronological age, developmental age, and size, and shall reflect the needs of individual patients through a comprehensive assessment.
(d)CA Health and Safety Code § 1763.4(d) The pediatric day health and respite care facility shall ensure that its staffing and equipment are sufficient to provide services to patients who are 22 years of age or older.
(e)CA Health and Safety Code § 1763.4(e) A Transitional Health Care Needs Optional Service Unit shall have written policies and procedures for the management of the service. The policies and procedures shall be established and implemented by the patient care policy committee described in Section 1760.4
(f)Copy CA Health and Safety Code § 1763.4(f)
(1)Copy CA Health and Safety Code § 1763.4(f)(1) The state department may review and approve the policies and procedures for an optional service unit.
(2)CA Health and Safety Code § 1763.4(f)(2) The State Department of Developmental Services and the regional centers may review the policies and procedures for an optional service unit.
pediatric day health respite care facility optional service unit transitional health care care for older patients developmental age waiver for minors adult patient requirements facility approval state department review patient care policy distinct patient areas staffing requirements facility equipment age-appropriate care
