text:
It is the intent of the Legislature in enacting this section to require the electronic fingerprint images of those individuals whose contact with residents of residential care facilities for persons with a chronic, life-threatening illness may pose a risk to the residents’ health and safety.

It is the intent of the Legislature, in enacting this section, to require the electronic fingerprint images of those individuals whose contact with community care clients may pose a risk to the clients’ health and safety. An individual shall be required to obtain either a criminal record clearance or a criminal record exemption from the State Department of Social Services before the individual’s initial presence in a residential care facility for persons with a chronic, life-threatening illness.

(a) (1) Before and, as applicable, subsequent to issuing a license to a person or persons to operate or manage a residential care facility, the department shall secure from an appropriate law enforcement agency a criminal record to determine whether the applicant or any other person specified in subdivision (b) has ever been convicted of a crime other than an infraction or arrested for any crime specified in subdivision (c) of Section 290 of the Penal Code, or for violating Section 245, 273ab, or 273.5, subdivision (b) of Section 273a, or, prior to January 1, 1994, paragraph (2) of Section 273a, of the Penal Code, or for any crime for which the department is prohibited from granting a criminal record exemption pursuant to subdivision (f).

(2) The criminal history information shall include the full criminal record, if any, of those persons, and subsequent arrest information pursuant to Section 11105.2 of the Penal Code.

(3) The following shall apply to the criminal record information:

(A) If the State Department of Social Services finds that the applicant or another person specified in subdivision (b), has been convicted of a crime, other than an infraction, the application shall be denied, unless the director grants an exemption pursuant to subdivision (f) of this section or Section 1522.7.

(B) If the State Department of Social Services finds that the applicant, or another person specified in subdivision (b), is awaiting trial for a crime other than an infraction, the State Department of Social Services may cease processing the criminal record information until the conclusion of the trial.

(C) If no criminal record information has been recorded, the Department of Justice shall provide the applicant and the State Department of Social Services with a statement of that fact.

(D) If the State Department of Social Services finds after licensure that the licensee, or any other person specified in paragraph (2) of subdivision (b), has been convicted of a crime other than an infraction, the license may be revoked, unless the director grants an exemption pursuant to subdivision (f).

(E) An applicant and any other person specified in subdivision (b) shall submit fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, in addition to the search required by this subdivision. If, after licensure, the department determines that the licensee or person specified in subdivision (b) has a criminal record, the license may be revoked pursuant to subdivision (a) of Section 1568.082. The department may also suspend the license pending an administrative hearing pursuant to subdivision (b) of Section 1568.082.

(b) In addition to the applicant, this section shall be applicable to criminal record clearances and exemptions for the following persons:

(1) Adults responsible for administration or direct supervision of staff of the facility.

(2) A person, other than a resident, residing in the facility.

(3) A person who provides resident assistance in dressing, grooming, bathing, or personal hygiene. A nurse assistant or home health aide meeting the requirements of Section 1338.5 or 1736.6, respectively, who is not employed, retained, or contracted by the licensee, and who has been certified or recertified on or after July 1, 1998, shall be deemed to meet the criminal record clearance requirements of this section. A certified nurse assistant and certified home health aide who will be providing client assistance and who falls under this exemption shall provide one copy of their current certification, prior to providing care, to the residential care facility for persons with a chronic, life-threatening illness. The facility shall maintain the copy of the certification on file as long as care is being provided by the certified nurse assistant or certified home health aide at the facility. This paragraph does not restrict the right of the department to exclude a certified nurse assistant or certified home health aide from a licensed residential care facility for persons with a chronic, life-threatening illness pursuant to Section 1568.092.

(4) (A) A staff person, volunteer, or employee who has contact with the residents.

(B) A volunteer shall be exempt from the requirements of this subdivision if the volunteer is a relative, significant other, or close friend of a client receiving care in the facility and the volunteer does not provide direct care and supervision of residents. A volunteer who provides direct care and supervision shall be exempt if the volunteer is a resident’s spouse, significant other, close friend, or family member and provides direct care and supervision to that resident only at the request of the resident. The department may define in regulations persons similar to those described in this subparagraph who may be exempt from the requirements of this subdivision.

(5) If the applicant is a firm, partnership, association, or corporation, the chief executive officer or other person serving in that capacity.

(6) Additional officers of the governing body of the applicant, or other persons with a financial interest in the applicant, as determined necessary by the department by regulation. The criteria used in the development of these regulations shall be based on the person’s capability to exercise substantial influence over the operation of the facility.

(c) (1) (A) Subsequent to initial licensure, a person specified in subdivision (b) and not exempted from fingerprinting shall obtain either a criminal record clearance or an exemption from disqualification, pursuant to subdivision (f) of this section or Section 1522.7, from the State Department of Social Services prior to employment, residence, or initial presence in the facility. A person specified in subdivision (b) who is not exempt from fingerprinting shall be fingerprinted. The licensee shall submit fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, or to comply with paragraph (1) of subdivision (g), prior to the person’s employment, residence, or initial presence in the residential care facility.

(B) These fingerprint images and related information shall be electronically submitted to the Department of Justice in a manner approved by the State Department of Social Services and the Department of Justice, for the purpose of obtaining a permanent set of fingerprints. A licensee’s failure to submit fingerprint images and related information to the Department of Justice, or to comply with paragraph (1) of subdivision (g), as required in this section, shall result in the citation of a deficiency and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1568.082. The State Department of Social Services may assess civil penalties for continued violations as allowed in Section 1568.0822. The fingerprint images and related information shall then be submitted to the Department of Justice for processing. The licensee shall maintain and make available for inspection documentation of the individual’s clearance or exemption. The department shall not require the person to disclose their criminal history information prior to receipt of live scan results.

(2) A violation of the regulations adopted pursuant to Section 1522.04 shall result in the citation of a deficiency and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1568.082. The department may assess civil penalties for continued violations as permitted by Section 1568.0822.

(3) Within 14 calendar days of the receipt of the fingerprint images, the Department of Justice shall notify the State Department of Social Services of the criminal record information, as provided for in this subdivision. If no criminal record information has been recorded, the Department of Justice shall provide the licensee and the State Department of Social Services with a statement of that fact within 14 calendar days of receipt of the fingerprint images. If new fingerprint images are required for processing, the Department of Justice shall, within 14 calendar days from the date of receipt of the fingerprint images, notify the licensee that the fingerprint images were illegible. The Department of Justice shall notify the department, as required by Section 1522.04, and shall notify the licensee by mail within 14 days of electronic transmission of the fingerprint images to the Department of Justice, if the person has no criminal history record.

(4) Except for persons specified in paragraph (2) of subdivision (b), the licensee shall endeavor to ascertain the previous employment history of persons required to be fingerprinted under this subdivision. If it is determined by the State Department of Social Services, on the basis of the fingerprint images submitted to the Department of Justice, that the person has been convicted of a sex offense against a minor, an offense specified in Section 243.4, 273a, 273ab, 273d, 273g, or 368 of the Penal Code, or a felony, the department shall notify the licensee to act immediately to terminate the person’s employment, remove the person from the residential care facility, or bar the person from entering the residential care facility. The department may subsequently grant an exemption pursuant to subdivision (f). If the conviction was for another crime, except an infraction, the licensee shall, upon notification by the department, act immediately to either (A) terminate the person’s employment, remove the person from the residential care facility, or bar the person from entering the residential care facility; or (B) seek an exemption pursuant to subdivision (f). The department shall determine if the person shall be allowed to remain in the facility until a decision on the exemption is rendered. A licensee’s failure to comply with the department’s prohibition of employment, contact with clients, or presence in the facility as required by this paragraph shall result in a citation of deficiency and an immediate assessment of civil penalties by the department against the licensee, in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1568.082.

(5) The department may issue an exemption on its own motion pursuant to subdivision (f) if the person’s criminal history indicates that the person is of good character based on the age, seriousness, and frequency of the conviction or convictions. The department, in consultation with interested parties, shall develop regulations to establish the criteria to grant an exemption pursuant to this paragraph.

(6) Concurrently with notifying the licensee pursuant to paragraph (4), the department shall notify the affected individual of the right to seek an exemption pursuant to subdivision (f). The individual may seek an exemption only if the licensee terminates the person’s employment or removes the person from the facility after receiving notice from the department pursuant to paragraph (4).

(d) (1) For purposes of this section or any other provision of this chapter, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. An action that the department is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, when the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of the sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting that person to withdraw their plea of guilty and to enter a plea of not guilty, setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this chapter, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction. For purposes of this section or any other provision of this chapter, the arrest disposition report certified by the Department of Justice, or documents admissible in a criminal action pursuant to Section 969b of the Penal Code, shall be prima facie evidence of the conviction, notwithstanding any other provision of law prohibiting the admission of these documents in a civil or administrative action.

(2) For purposes of this section or any other provision of this chapter, the department shall consider criminal convictions from another state or federal court as if the criminal offense was committed in this state.

(e) (1) The State Department of Social Services shall not use a record of arrest to deny, revoke, or terminate any application, license, employment, or residence unless the department investigates the incident and secures evidence, whether or not related to the incident of arrest, that is admissible in an administrative hearing to establish conduct by the person that may pose a risk to the health and safety of any person who is or may become a client.

(2) The department shall not issue a criminal record clearance to a person who has been arrested for any crime specified in Section 290 of the Penal Code, for violating Section 245, 273ab, or 273.5, or subdivision (b) of Section 273a, of the Penal Code, or, prior to January 1, 1994, paragraph (2) of Section 273a of the Penal Code, or for any crime for which the department is prohibited from granting a criminal record exemption pursuant to subdivision (f), prior to the department’s completion of an investigation pursuant to paragraph (1).

(3) The State Department of Social Services is authorized to obtain arrest or conviction records or reports from a law enforcement agency as necessary to the performance of its duties to inspect, license, and investigate community care facilities and individuals associated with a community care facility.

(f) (1) After review of the record, the director may grant an exemption from disqualification for a license as specified in paragraphs (1) and (4) of subdivision (a), or for employment, residence, or presence in a residential care facility as specified in paragraphs (4), (5), and (6) of subdivision (c) if the director has substantial and convincing evidence to support a reasonable belief that the applicant and the person convicted of the crime, if other than the applicant, are of such good character as to justify issuance of the license or special permit or granting an exemption for purposes of subdivision (c). However, an exemption shall not be granted pursuant to this subdivision if the conviction was for any of the following offenses:

(A) An offense specified in Section 220, 243.4, or 264.1, subdivision (a) of Section 273a, or, prior to January 1, 1994, paragraph (1) of Section 273a, Section 273ab, 273d, 288, or 289, subdivision (c) of Section 290, or Section 368, of the Penal Code, or was a conviction of another crime against an individual specified in subdivision (c) of Section 667.5 of the Penal Code.

(B) A felony offense specified in Section 729 of the Business and Professions Code or Section 206 or 215, subdivision (a) of Section 347, subdivision (b) of Section 417, or subdivision (a) of Section 451 of the Penal Code.

(2) The department shall not prohibit a person from being employed or having contact with clients in a facility on the basis of a denied criminal record exemption request or arrest information unless the department complies with Section 1568.092.

(g) (1) For purposes of compliance with this section, the department may permit an individual to transfer a current criminal record clearance, as defined in subdivision (a), from one facility to another, as long as the criminal record clearance has been processed through a state licensing district office, and is being transferred to another facility licensed by a state licensing district office. The request shall be submitted to the department on a form provided by the department or submitted via the department’s secure online portal. Upon request of the licensee, who shall verify the individual’s identity, the department shall verify whether the individual has a clearance that can be transferred.

(2) The State Department of Social Services shall hold criminal record clearances in its active files for a minimum of two years after an employee is no longer employed at a licensed facility in order for the criminal record clearance to be transferred.

(h) If a licensee or facility is required by law to deny employment or to terminate employment of any employee based on written notification from the state department that the employee has a prior criminal conviction or is determined unsuitable for employment under Section 1568.092, the licensee or facility shall not incur civil liability or unemployment insurance liability as a result of that denial or termination.

(i) (1) The Department of Justice shall charge a fee sufficient to cover its cost in providing services to comply with the 14-day requirement contained in subdivision (c) for provision to the department of criminal record information.

(2) Paragraph (1) shall cease to be implemented when the department adopts emergency regulations pursuant to Section 1522.04, and shall become inoperative when permanent regulations are adopted under that section.

(j) Notwithstanding any other law, the department may provide an individual with a copy of their 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 their written request. The department shall retain a copy of the individual’s written request and the response and date provided.

history: (History: Amended by Stats. 2022, Ch. 614, Sec. 2.5. (SB 1093) Effective January 1, 2023.)

article: 1. General Provisions


kind: section

code: HSC

text:
The Secretary of California Health and Human Services shall be responsible for the oversight and coordination of programs serving people living with Alzheimer’s disease and related disorders and their families. This responsibility shall include, but not be limited to:

(a) State level support and assistance to all programs within the Health and Human Services Agency and member departments developed for this target population.

(b) Establishment of the Alzheimer’s Disease and Related Disorders Advisory Committee pursuant to Section 1568.17.

(c) Review of the recommendations contained in the 1987 California Alzheimer’s Disease Task Force Report and subsequent state plans, in consultation with appropriate state departments and the Alzheimer’s Disease and Related Disorders Advisory Committee.

history: (History: Amended by Stats. 2008, Ch. 339, Sec. 2. Effective January 1, 2009.)

division: 2. LICENSING PROVISIONS

path: 2. LICENSING PROVISIONS > 3.1. Alzheimer’s Day Care-Resource Centers Act


text:
(a) The California Health and Human Services Agency shall establish an Alzheimer’s Disease and Related Conditions Advisory Committee representing the diversity of California and that consists of at least 17, but not more than 21, members, which shall include, but not be limited to, all of the following:

(1) One representing the field of academic medical research.

(2) One representing the field of social research.

(3) One representing the field of behavioral health.

(4) One representing organizations providing adult day care services focused on persons living with Alzheimer’s disease or related conditions.

(5) One representing the California Alzheimer’s Disease Centers.

(6) Two representing families of persons directly affected by Alzheimer’s disease or related conditions.

(7) Two representing organizations providing services to persons living with Alzheimer’s disease or related conditions.

(8) One representing a consumer organization representing persons with Alzheimer’s disease or related conditions.

(9) One representing a member of the State Bar who is familiar with the legal issues confronting those living with Alzheimer’s disease or related conditions and their families.

(10) Two people who have been diagnosed with Alzheimer’s disease or a related condition.

(11) The Executive Director of the California Commission on Aging or the director’s designee.

(12) The Secretary of California Health and Human Services or their designee.

(13) Two ex officio, nonvoting members, consisting of one Senator appointed by the Senate Committee on Rules and one Member of the Assembly appointed by the Speaker of the Assembly. These members shall participate in the activities of the committee to the extent that their participation is not incompatible with their respective positions as Members of the Legislature.

(14) Up to four additional members selected by the Secretary of California Health and Human Services.

(b) Members described in paragraphs (1) to (11), inclusive, and paragraph (14), of subdivision (a) shall serve at the pleasure of the Secretary of California Health and Human Services. Members described in paragraph (13) of subdivision (a) shall serve at the pleasure of their appointing authority. The agency secretary may establish fixed terms for advisory committee membership. For purposes of continuity, those terms shall be staggered.

(c) Members shall serve without compensation, but shall receive reimbursement for travel and other necessary expenses actually incurred in the performance of their official duties.

(d) The Alzheimer’s Disease and Related Conditions Advisory Committee shall do all of the following:

(1) Provide ongoing advice and assistance to the administration and the Legislature as to the program needs and priorities of the target population.

(2) Provide planning support to the administration and the Legislature by tracking, monitoring, and considering recommendations made in the final report of the Governor’s Task Force on Alzheimer’s (Disease) Prevention and Preparedness, and the California Master Plan for Aging, in addition to other state plans and reports, including the California State Plan for Alzheimer’s Disease, as needed.

(3) Appoint a chairperson and vice chairperson.

(4) Meet quarterly.

(e) The Alzheimer’s Disease and Related Conditions Advisory Committee shall do all of the following when making policy and plan recommendations:

(1) Consult with a broad range of stakeholders, including, but not limited to, people diagnosed with Alzheimer’s disease or related conditions, family members or informal caregivers, community-based and institutional providers, Alzheimer’s disease or related conditions researchers and academicians, direct care workforce, the Alzheimer’s Association, the California Commission on Aging, and other state entities.

(2) Consider cultural and linguistic factors that impact persons with Alzheimer’s disease or related conditions and their families who are from diverse communities.

(3) Review current state policies and practices concerning care and treatment related to Alzheimer’s disease and other related conditions, as well as risk reduction, and develop recommendations concerning all of the following issues:

(A) Community-based support for California’s racially, ethnically, culturally, and linguistically diverse people living with Alzheimer’s disease or related conditions and their family members or informal caregivers.

(B) Choices for care and residence for persons with Alzheimer’s disease or related conditions and their families.

(C) An integrated public health care management approach to Alzheimer’s disease or related conditions in health care settings that makes full use of dementia care practices.

(D) The dementia training and competence of health care professionals.

(E) Risk reduction, early identification, and intervention through increasing public awareness of Alzheimer’s disease and related conditions, as well as brain health.

(f) All meetings of the advisory committee, and any subcommittees thereof, shall be open to the public and adequate notice shall be provided in accordance with Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Amended by Stats. 2024, Ch. 335, Sec. 1.5. (AB 2680) Effective January 1, 2025.)

chapter: 3.1. Alzheimer’s Day Care-Resource Centers Act


text:
(a) If the applicant for a license for a residential care facility handles or will handle any money of a resident of the facility, the applicant or licensee shall file or have on file with the department a bond issued by a surety company admitted to do business in this state in a sum to be fixed by the department based upon the magnitude of the operations of the applicant or licensee, but which sum shall not be less than one thousand dollars ($1,000), running to the State of California and conditioned upon his or her faithful and honest handling of the money of residents of the facility.

(b) The failure of any licensee under this chapter to maintain on file with the department a bond in the amount prescribed by the department or the embezzlement by a licensee of trust funds of a resident of the facility shall constitute cause for the revocation of the license.

(c) This section shall not apply if the licensee handles moneys of residents of the facility in amounts less than fifty dollars ($50) per person and less than five hundred dollars ($500) for all persons in any month.

(d) The director may grant a partial or total variance from the requirements of this section if the director finds that compliance with them is so onerous that a residential care facility will cease to operate, and if the director also finds that money of the residents received or cared for in the facility has been, or will be, deposited in a bank in this state, in a trust company authorized to transact a trust business in this state, or in a savings and loan association in this state, upon condition that the money may not be withdrawn except on authorization of the person or a representative who is legally authorized to make financial decisions on behalf of the person.

history: (History: Amended by Stats. 1992, Ch. 1315, Sec. 11. Effective January 1, 1993.)

article: 1. General Provisions

path: 2. LICENSING PROVISIONS > 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness > 1. General Provisions


text:
The following definitions shall apply for purposes of this chapter:

(a) “Activities of daily living” has the same meaning as that term is defined in Section 17.62 of Title 38 of the Code of Federal Regulations.

(b) “Care and supervision” means the medical foster home for veterans licensee assumes responsibility for, or provides or promises to provide in the future, ongoing assistance with activities of daily living without which a veteran resident’s physical health, mental health, safety, or welfare would be endangered. Assistance includes assistance with taking medications, money management, or personal care.

(c) “Department” means the State Department of Social Services.

(d) “License” means a basic permit to operate a medical foster home for veterans.

(e) “Medical foster home for veterans” has the same meaning as medical foster home as defined in Section 17.73 of Title 38 of the Code of Federal Regulations.

(f) “Medical foster home caregiver” means the primary person who provides care to a veteran resident in a medical foster home for veterans. The licensee, applicant, and the medical foster home caregiver shall be the same person. This definition does not include other individuals who provide relief care services to the veteran resident.

(g) “Relief caregiver” means a person who provides relief care services to the veteran resident on behalf of the medical foster home caregiver. This person may be employed by the medical foster home caregiver.

(h) “Veteran resident” has the same meaning as that term is defined in Section 17.73 of Title 38 of the Code of Federal Regulations.

history: (History: Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)

chapter: 3.15. Medical Foster Homes for Veterans

path: 2. LICENSING PROVISIONS > 3.15. Medical Foster Homes for Veterans


text:
(a) The department may establish a medical foster home for veterans program in California pursuant to this chapter no sooner than July 1, 2024.

(b) A medical foster home for veterans established pursuant to that program is subject to licensure and regulation by the department and shall satisfy all of the following requirements:

(1) Comply with Sections 17.61 to 17.74, inclusive, of Title 38 of the Code of Federal Regulations.

(2) Meet the licensing standards set forth in this chapter, comply with the rules, regulations, and written directives adopted pursuant to this chapter, and comply with other applicable laws to maintain licensure.

(3) Agree to be subject to the jurisdiction of the department for the purpose of evaluating the program created under this chapter. Consistent with this agreement, the medical foster home for veterans licensee shall provide data, information, and case files to the department upon request.

(c) The department shall develop criteria to evaluate how the medical foster home benefits veteran residents.


text: An applicant or licensee for a residential care facility licensed pursuant to this chapter shall maintain an email address of record with the department. The applicant or licensee shall notify the department, in writing, of the email address and of any change to the email address within 10 business days of the change.

history: (History: Added by Stats. 2020, Ch. 146, Sec. 5. (AB 2377) Effective January 1, 2021.)

chapter: 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness

article: 1. General Provisions


text:
(a) No person shall operate, establish, manage, conduct, or maintain a medical foster home for veterans in this state without a current valid license, as provided in this chapter.

(b) A license is not transferable. No license issued pursuant to this chapter shall have any property value for sale or exchange purposes, and no person, including any owner, agent, or broker, shall sell or exchange any license for any commercial purpose.

(c) A medical foster home for veterans shall not be licensed to operate a community care facility, as defined in Section 1502, a residential care facility for the elderly, as defined in Section 1569.2, a residential care facility for persons with chronic, life-threatening illnesses, as defined in Section 1568.01, or a child day care facility, as defined in Section 1596.750, on the same premises used as the residence of the medical foster home for veterans.

(d) This chapter applies only to community residential care facilities for veterans that have been approved by the United States Department of Veterans Affairs in accordance with Section 17.63 of Title 38 of the Code of Federal Regulations.

(e) Whether unrelated persons are living together, a medical foster home for veterans shall be considered a residential use of property for the purposes of this chapter. In addition, the veteran residents and licensee of the home shall be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property pursuant to this chapter.

(f) No conditional use permit, zoning variance, or other zoning clearance shall be required of a medical foster home for veterans that is not required of a family dwelling of the same type in the same zone.

history: (History: Amended by Stats. 2023, Ch. 131, Sec. 102. (AB 1754) Effective January 1, 2024.)


text:
(a) A person seeking a license for a medical foster home for veterans under this chapter shall file with the department, pursuant to rules, regulations, and written directives, an application that shall include, but not be limited to, all of the following:

(1) Evidence satisfactory to the department of the applicant’s ability to comply with this chapter and the rules, regulations, and written directives adopted pursuant this chapter.

(2) Evidence satisfactory to the department that the applicant remains in good standing with the United States Department of Veterans Affairs.

(3) Evidence satisfactory to the department that the applicant is of reputable and responsible character. The evidence shall include, but not be limited to, a criminal record clearance, employment history, and character references.

(4) Evidence satisfactory to the department that the applicant has sufficient financial resources to maintain the standards of service required by the rules, regulations, and written directives adopted pursuant to this chapter.

(5) Disclosure of the applicant’s prior or present service as a licensee, administrator, general partner, corporate officer or director of, or as a person who has held or holds a beneficial ownership of 10 percent or more in a residential care facility or in a clinic or facility licensed pursuant to Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3 (commencing with Section 1500), Chapter 3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with Section 1569), Chapter 3.3 (commencing with Section 1570), or Chapter 3.4 (commencing with Section 1596.70).

(6) Disclosure of any revocation or other disciplinary action taken, or in the process of being taken, against a license held or previously held by the entities specified in paragraph (5).

(7) Disclosure of any revocation, or any revocation action in process, against a license or certification previously held or held by a licensed or certified health care professional.

(8) Any other information as may be required by the department for the proper administration and enforcement of this chapter.

(b) Failure of the applicant to cooperate with the department in the completion of the application may result in the denial of the application. Failure to cooperate means that the information described in this section and in the rules, regulations, and written directives adopted pursuant to this chapter has not been provided or has not been provided in the form requested by the department.

(c) The information required by this section shall be provided to the department upon initial application for licensure, and a change in the information shall be provided to the department within 30 calendar days of that change unless a shorter timeframe is required by the department.

(d) The department may deny an application for licensure or may subsequently revoke a license issued under this chapter if the applicant knowingly withheld material information or made a false statement of material fact with regard to information that was required by the application for licensure.

(e) The department shall notify the applicant in writing of its decision within 60 days of receipt of all information from the applicant and other sources determined necessary by the department for the rendering of a decision pursuant to this section.

(f) The department may cease further review of an application if, after written notice to the applicant, the applicant fails to complete an application without good faith effort and within 30 days of the date of the notice, as specified in the rules, regulations, and written directives adopted pursuant to this chapter.

(g) An applicant who withdraws an application prior to its approval or denial may resubmit the application within 12 months after the withdrawal. The cessation of an application review pursuant to this section shall not constitute a denial of the application for purposes of this section or any other law.

(h) An application fee of eighty-eight dollars ($88) shall be charged by the department for the issuance of a license. The fees are for the purpose of financing the activities specified in this chapter.

(i) Upon the complete filing of the application for issuance of a license, the department shall contact the applicant to arrange a time for the department to conduct a prelicensure inspection.

(j) Upon the complete filing of the application for issuance of a license and substantial compliance with this chapter and the rules, regulations, and written directives adopted pursuant to this chapter, the department may issue a license to the applicant to operate a medical foster home for veterans. If the department finds that the applicant is not in compliance with this chapter or the rules, regulations, or written directives adopted pursuant to this chapter, the department shall deny the applicant a license.

(k) Immediately upon the denial of an application for a license, the department shall notify the applicant in writing. Within 15 days after the department mails a notice of denial, the applicant may present their written petition for a hearing to the department. Upon receipt by the department of the petition in proper form, the petition shall be set for hearing.


text:
(a) The department may suspend or revoke a license issued under this chapter, in the manner provided in subdivision (b), upon any of the following grounds:

(1) A licensee violates this chapter or the rules, regulations, and written directives adopted pursuant to this chapter.

(2) Aiding, abetting, or permitting the violation of this chapter or of the rules, regulations, and written directives adopted pursuant to this chapter.

(3) Conduct which is inimical to the health, welfare, or safety of a veteran resident receiving services from a medical foster home for veterans or the people of the State of California.

(4) The provision of services beyond the level the medical foster home for veterans is authorized to provide or accepting or retaining veteran residents who require services of a higher level than the medical foster home for veterans is authorized to provide.

(5) Engaging in acts of financial malfeasance concerning the operation of a medical foster home for veterans, including, but not limited to, the improper use or embezzlement of veteran resident moneys or property, the fraudulent appropriation for personal gain of medical foster home for veterans moneys or property, or willful or negligent failure to provide services.

(b) The department may temporarily suspend a license, prior to a hearing when, in the opinion of the department, the action is necessary to protect veteran residents of a medical foster home for veterans from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The department shall notify the licensee of the temporary suspension, the effective date of the temporary suspension, and, at the same time, serve the licensee with an accusation. Upon receipt of a notice of defense to the accusation by the licensee, the department shall, within 15 days, set the matter for hearing. The hearing shall be held as soon as possible but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits. However, a temporary suspension shall be deemed vacated if the department fails to make a final determination on the merits within 30 days after the original hearing has been completed.


text:
A license shall be forfeited by operation of law when one of the following occurs:

(a) The licensee sells or otherwise transfers the medical foster home for veterans or medical foster home for veterans property.

(b) The licensee surrenders the license to the department.

(c) The licensee moves a medical foster home for veterans from one location to another. The department shall develop rules, regulations, or written directives to ensure that a medical foster home for veterans is not charged a full licensing fee and does not have to complete the entire application process when applying for a license for the new location.

(d) The licensee dies.

(e) A licensee abandons a medical foster home for veterans. A licensee who abandons a medical foster home for veterans and the veteran residents in care, resulting in an immediate and substantial threat to the health and safety of the abandoned veteran residents, shall, in addition to forfeiture of the license pursuant to this section, be excluded from licensure in any facility licensed by the department or from being a resource family or certified foster parent without the right to petition for reinstatement, unless otherwise ordered by the department.

(f) The United States Department of Veterans Affairs revokes its approval of a medical foster home for veterans in accordance with Section 17.71 of Title 38 of the Code of Federal Regulations.


text:
(a) (1) Every licensed medical foster home for veterans shall be periodically inspected and evaluated for quality of care by a representative or representatives designated by the department. Unannounced inspections shall be conducted at least annually and as often as necessary to ensure the quality of care being provided.

(2) During each licensing inspection, the department shall determine if the medical foster home for veterans meets regulatory standards, including, but not limited to, providing veteran residents with the appropriate level of care and supervision based on the medical foster home for veterans license, providing adequate services, maintaining updated resident records and assessments, and complying with basic health and safety standards.

(3) If the department determines that a veteran resident requires a higher level of care than the medical foster home for veterans is authorized to provide, the department may initiate a professional level of care assessment by an assessor approved by the department and consult with the United States Department of Veterans Affairs. An assessment shall be conducted in consultation with the veteran resident, the veteran resident’s physician, and the United States Department of Veterans Affairs and shall reflect the desires of the veteran resident, the veteran resident’s physician, and the United States Department of Veterans Affairs. The assessment also shall recognize that certain illnesses are episodic in nature and that the veteran resident’s need for a higher level of care may be temporary.

(4) The department shall notify a medical foster home for veterans in writing of all deficiencies in its compliance with this chapter and the rules, regulations, and written directives adopted pursuant to this chapter. The department shall set a reasonable length of time for compliance by the licensee.

(5) Unless otherwise specified in the plan of correction, a medical foster home for veterans shall remedy the deficiencies within 10 days of the notification.

(6) The department shall maintain reports on the results of each inspection and consultation. All inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.

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


text:
(a) (1) No unlicensed medical foster home for veterans, as defined in paragraph (3), shall operate in this state.

(2) Upon discovery of an unlicensed medical foster home for veterans, the department shall refer residents to the appropriate placement or adult protective services agency or the appropriate local or state long-term care ombudsperson, if either of the following conditions exist:

(A) There is an immediate threat to a veteran resident’s health and safety.

(B) The medical foster home for veterans will not cooperate with the department to apply for a license, meet licensing standards, and obtain a valid license.

(3) A medical foster home for veterans shall be deemed to be an “unlicensed medical foster home for veterans” and “maintained and operated to provide residential care” if it is unlicensed, not exempt from licensure, and any one of the following conditions is satisfied:

(A) The medical foster home for veterans is providing care and supervision, as defined by this chapter or the rules, regulations, and written directives adopted pursuant to this chapter.

(B) The medical foster home for veterans is held out as, or represented as, providing care and supervision, as defined by this chapter or the rules, regulations, and written directives adopted pursuant to this chapter.

(C) The medical foster home for veterans accepts or retains veteran residents who demonstrate the need for care and supervision, as defined by this chapter or the rules, regulations, and written directives adopted pursuant to this chapter.

(D) The home represents itself as a licensed medical foster home for veterans in California.

(b) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department shall issue a civil penalty as follows:

(1) (A) Notwithstanding any other provision of this chapter, a person who violates Section 1568.23 shall be assessed an immediate civil penalty in the amount of one hundred dollars ($100) per resident for each day of the violation.

(B) The civil penalty authorized in subparagraph (A) shall be doubled if an unlicensed medical foster home for veterans is operated and the operator refuses to seek licensure or the operator seeks licensure, the licensure application is denied, and the operator continues to operate the unlicensed medical foster home for veterans unless other remedies available to the department, including criminal prosecution, are deemed more effective by the department.

(2) For a violation that the department determines resulted in the death of a veteran resident, the civil penalty shall be seven thousand five hundred dollars ($7,500).

(3) For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, to a veteran resident the civil penalty shall be two thousand five hundred dollars ($2,500).

(4) For a violation that the department determines resulted in serious bodily injury, as defined in Section 15610.67 of the Welfare and Institutions Code, to a veteran resident the civil penalty shall be two thousand five hundred dollars ($2,500).

(c) Notwithstanding any other provision of law, revenues received by the department from payment of civil penalties imposed on a licensed medical foster home for veterans pursuant to this section shall be deposited into the Technical Assistance Fund created pursuant to Section 1523.2 and may be expended by the department for the technical assistance, training, and education of licensees.

(d) (1) (A) A licensee shall have the right to submit a written request for a formal review to the department for a civil penalty assessed pursuant to this section within 15 business days of receipt of the notice of a civil penalty assessment. The licensee shall provide all available supporting documentation that was unavailable at the time of submitting the request for review within 30 business days after submitting the request for review. If the department requires additional information from the licensee, it shall request that information within 30 business days after receiving the request for review.

(B) The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or rules, regulations, and written directives adopted by the department, they may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy director’s decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.

(2) Upon exhausting the review process described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. 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 department shall have all the powers granted by those provisions. In a proceeding conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.

(3) If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the medical foster home for veterans license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.

(4) Civil penalties shall be due and payable when administrative appeals have been exhausted. Unless payment arrangements have been made that are acceptable to the department, a civil penalty not paid within 30 days shall be subject to late fees, as specified by rules, regulations, and written directives adopted by the department.

(5) If a reviewer determines that a notice of deficiency or a civil penalty assessment was not made in accordance with applicable statutes, rules, regulations, and written directives, the reviewer may amend or dismiss the notice of deficiency or civil penalty assessment.

history: (History: Amended by Stats. 2023, Ch. 131, Sec. 103. (AB 1754) Effective January 1, 2024.)


text:
(a) Prior to licensure, the following individuals shall be subject to and complete a background check pursuant to Section 1522:

(1) An applicant.

(2) An adult residing or regularly present in an applicant or licensee’s home.

(3) Additional individuals who have contact with a client, as determined necessary by the department by rules, regulations, or written directives.

(b) Subsequent to initial licensure, a person specified in subdivision (a) who is not exempted from fingerprinting under subdivision (f) shall obtain either a criminal record clearance or an exemption from disqualification pursuant to Section 1522 prior to employment, residence, or initial presence in a medical foster home for veterans.

(c) A person initiating a background examination pursuant to subdivision (a) shall submit their fingerprints to the Department of Justice by electronic transmission in a manner approved by the department, unless exempt under subdivision (f).

(d) A law enforcement agency or other local agency authorized to take fingerprints may charge a reasonable fee to offset the costs of fingerprinting for the purposes of this chapter.

(e) The Department of Justice shall use the fingerprints to search state and Federal Bureau of Investigation criminal offender record information pursuant to Section 1522.

(f) A person who is a current licensee or employee in a facility licensed by the department, a certified administrator, or a registered TrustLine provider need not submit fingerprints to the Department of Justice and may transfer their current criminal record clearance or exemption pursuant to paragraph (1) of subdivision (h) of Section 1522.

(g) Before issuing a criminal record clearance or exemption to an individual described in subdivision (a), the department shall review the individual’s state summary criminal offender record information and the records of the Federal Bureau of Investigation pursuant to Section 1522.

(h) The department shall not prohibit a person from being employed or having contact with a veteran resident in a medical foster home for veterans on the basis of a denied criminal record exemption request or arrest information unless the department complies with the requirements of Section 1568.295.

(i) The department shall hold criminal record clearances and exemptions in its active files for a minimum of three years in order to facilitate a transfer request.

(j) Other than the applicant or licensee, a member of a United States Department of Veterans Affairs interdisciplinary home care team who provides medical, rehabilitative, or preventive services to a veteran resident in a medical foster home for veterans, including, but not limited to, Home-Based Primary Care and Spinal Cord Injury-Home Care, is exempt from requirements applicable under this section.


text:
(a) A medical foster home caregiver and relief caregiver shall provide the department written evidence of all initial and ongoing training received as required by the United States Department of Veterans Affairs. Written evidence shall be provided to the department within 30 days of completion of each training.

(b) A medical foster home caregiver and relief caregiver shall provide the department written evidence of all completed continuing education requirements related to the knowledge and skills needed in order to provide care and supervision to veteran residents who have chronic or medically complex health impairments. Written evidence shall be provided to the department within 30 days of completion of each training.

(c) The department shall have the authority to require a medical foster home caregiver and relief caregiver to receive additional training if determined necessary.


text:
(a) The department shall adopt, amend, or repeal, 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), regulations to implement this chapter.

(b) Until regulations are adopted, the department may implement and administer the licensing of medical foster homes for veterans under this chapter through the issuance of written directives that shall have the same force and effect as regulations. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).


text:
(a) The department shall designate at least one person in each region to be responsible for all activities pertaining to license application as well as prescribed monitoring of licensees. In those regions which have a concentration of licensees, the department shall make every effort to identify at least one person in each district office whose sole responsibility will be for facilities licensed pursuant to this chapter.

(b) The department shall ensure that those personnel identified in subdivision (a) receive periodic training regarding the most recent developments in the HIV epidemic and the care and supervision of people with HIV disease.

history: (History: Added by Stats. 1993, Ch. 1215, Sec. 4. Effective January 1, 1994.)

article: 1. General Provisions


text:
(a) A corporation that applies for licensure with the department shall list the facilities that any member of the board of directors, the executive director, or an officer has been licensed to operate, been employed in, or served as a member of the board of directors, the executive director, or an officer.

(b) The department shall not issue a provisional license or license to any corporate applicant that has a member of the board of directors, an executive director, or an officer who is not eligible for licensure pursuant to subdivision (f) of Section 1568.065 and Section 1568.093.

(c) The department may revoke the license of any corporate licensee that has a member of the board of directors, an executive director, or an officer who is not eligible for licensure pursuant to subdivision (f) of Section 1568.065 and Section 1568.093.

(d) Prior to instituting an administrative action pursuant to either subdivision (b) or (c), the department shall notify the applicant or licensee of the person’s ineligibility to be a member of the board of directors, an executive director, or an officer of the applicant or licensee, and shall give the applicant or licensee 15 days to remove the person from that position.

history: (History: Added by Stats. 1998, Ch. 311, Sec. 31. Effective August 19, 1998.)

article: 1. General Provisions


text: A residential care facility for persons with chronic, life-threatening illness shall have one or more carbon monoxide detectors in the facility that meet the standards established on Chapter 8 (commencing with Section 13260) of Part 2 of Division 12. The department shall account for the presence of these detectors during inspections.

history: (History: Added by Stats. 2014, Ch. 503, Sec. 2. (AB 2386) Effective January 1, 2015.)

article: 1. General Provisions


text:
(a) A facility shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:

(1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch.

(2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an outage.

(3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.

(4) A contact information list of all of the following:

(A) Emergency response personnel.

(B) The contact information for the regulating entity.

(C) Transportation providers.

(5) At least two appropriate shelter locations that can house or supervise, as applicable, individuals served by the facility during an evacuation. One of the locations shall be outside of the immediate area.

(6) The location of utility shutoff valves and instructions for use.

(7) Procedures that address, but are not limited to, all of the following:

(A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturer’s operating instructions shall be followed.

(B) Responding to an individual’s needs if emergency call buttons are inoperable.

(C) The process for communicating with individuals served by the facility, families, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Individuals served by the facility and their responsible parties shall be informed of the process for communicating during an emergency.

(D) Assistance with, and administration of, medications.

(E) Storage and preservation of medications, including the storage of medications that require refrigeration.

(F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs.

(G) A process for identifying individuals served by the facility who have special needs, and a plan for meeting those needs.

(H) Procedures for confirming the location of each individual served by the facility during an emergency response.

(b) If a facility employs staff, the facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster.

(c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of individuals served by the facility is not required during a drill. While a facility may provide an opportunity for individuals served by the facility to participate in a drill, it shall not require that participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and, if applicable, the names of staff participating in the drill.

(d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee, administrator, or regulated individual shall sign and date the documentation to indicate that the plan has been reviewed and updated as necessary.

(e) A facility shall have all of the following information readily available during an emergency:

(1) A roster of individuals served by the facility, with the date of birth for each individual.

(2) An appraisal of needs and services plan for each individual served by the facility.

(3) A medication list for individuals served by the facility with centrally stored medications.

(4) Contact information for the responsible party and physician for each individual served by the facility.

(f) A facility shall have both of the following in place:

(1) An evacuation chair at each stairwell, on or before July 1, 2021.

(2) A set of keys available for use during an evacuation that provides access to all of the following:

(A) All occupied resident units, if applicable.

(B) All facility vehicles.

(C) All facility exit doors.

(D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies.

(g) A facility shall make the plan available upon request to individuals served by the facility onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Individual and employee information shall be kept confidential.

(h) An applicant seeking a license or approval for a new facility shall submit the emergency and disaster plan with the initial license application required.

(i) The regulating entity shall confirm, during regularly scheduled visits, that the emergency and disaster plan is on file at the facility and includes required content.

(j) A facility is encouraged to have the emergency and disaster plan reviewed by local emergency authorities.

(k) Nothing in this section shall create a new or additional requirement for the regulating entity to evaluate the emergency and disaster plan.

(l) For the purposes of this section, a “facility” means a residential care facility licensed pursuant to this chapter.

history: (History: Added by Stats. 2020, Ch. 367, Sec. 14. (SB 1264) Effective January 1, 2021.)

article: 1. General Provisions


text:
A license shall be forfeited by operation of law prior to its expiration date when any of the following occurs:

(a) The licensee sells or otherwise transfers the facility or the real property on which the facility is located, except when change of ownership applies to transferring of stock when the facility is owned by a corporation and when the transfer of stock does not constitute a majority change in ownership.

(b) The licensee surrenders the license to the department.

(c) The licensee moves a facility from one location to another. The department shall develop regulations to ensure that a licensee is not charged a full licensing fee and is not required to complete the entire application process when applying for a license for the new location.

(d) The licensee is convicted of an offense specified in Section 220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section 273d, 288, or 289 of the Penal Code, or is convicted of another crime specified in subdivision (c) of Section 667.5 of the Penal Code.

(e) The licensee dies. When a licensee dies, the continued operation shall be subject to the requirements of Section 1568.064.

history: (History: Amended by Stats. 1992, Ch. 1315, Sec. 14. Effective January 1, 1993.)

article: 1. General Provisions


text:
(a) Upon the filing of the application for issuance of a license and substantial compliance with this chapter and the rules and regulations of the department adopted pursuant to this chapter, the director shall issue to the applicant the license to operate a residential care facility. If the director finds that the applicant is not in compliance with this chapter or the regulations adopted pursuant to this chapter, the director shall deny the applicant a license.

(b) The director may issue provisional licenses to operate residential care facilities for any facility which the director determines is in substantial compliance with this chapter and the rules and regulations adopted pursuant to this chapter, provided that no life safety risks are involved, as determined by the director. In determining whether any life safety risks are involved, the director shall require completion of all applicable fire clearances and criminal record clearances as otherwise required by the department’s rules and regulations. A provisional license issued pursuant to this subdivision shall expire six months from the date of issuance, or at an earlier time as the director may determine, and may not be renewed. However, the director may extend the term of a provisional license for an additional six months at the time of application, if it is determined that more than six months will be required to achieve full compliance with licensing standards due to circumstances beyond the control of the applicant, and if all other requirements for a license have been met.

history: (History: Amended by Stats. 1992, Ch. 1315, Sec. 15. Effective January 1, 1993.)

article: 1. General Provisions


text: Immediately upon the denial of any application for a license, the department shall notify the applicant in writing. Within 15 days after the department mails the notice of denial, the applicant may present his or her written petition for a hearing to the department. Upon receipt by the department of the petition in proper form, the petition shall be set for hearing.

history: (History: Amended by Stats. 1991, Ch. 832, Sec. 7.)

article: 1. General Provisions


text:
(a) When a licensee dies, an adult relative who has control of the property may continue operation of the facility if the following conditions are met:

(1) The department receives notification of the death during the next normal workday and is informed of the relative’s intent to continue operating the facility as a residential care facility for persons with chronic, life-threatening illnesses.

(2) The relative files application, within five days of the date of death, shows evidence satisfactory to the department that he or she has the ability to operate the facility, submits his or her fingerprint card, and provides evidence of the licensee’s death.

(b) The department shall make a decision within 60 days after the application is submitted on whether to issue a provisional license pursuant to Section 1568.062. A provisional license shall be granted only if the department is satisfied that the conditions specified in subdivision (a) have been met and that the health and safety of the residents of the facility will not be jeopardized.

(c) If the relative complies with subdivision (a), he or she shall not be considered to be operating an unlicensed facility while the department decides whether to grant the provisional license.

history: (History: Added by Stats. 1990, Ch. 1333, Sec. 1.5.)

article: 1. General Provisions


text:
(a) Proceedings for the suspension, revocation, or denial of a license under this chapter 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 department shall have all those powers granted by the provisions. In the event of conflict between this chapter and those provisions of the Government Code, this chapter shall prevail.

(b) In all proceedings conducted in accordance with this section, the standard of proof to be applied shall be by the preponderance of the evidence.

(c) If the license is not temporarily suspended pursuant to Section 1568.082, the hearing shall be held within 90 calendar days after receipt of the notice of defense, unless a continuance of the hearing is granted by the department or the administrative law judge. When the matter has been set for hearing, only the administrative law judge may grant a continuance of the hearing. The administrative law judge may, but need not, grant a continuance of the hearing, only upon finding the existence of any of the following:

(1) The death or incapacitating illness of a party, a representative or attorney of a party, a witness to an essential fact, or of the parent, child, or member of the household of that person, when it is not feasible to substitute another representative, attorney, or witness because of the proximity of the hearing date.

(2) Lack of notice of hearing as provided in Section 11509 of the Government Code.

(3) A material change in the status of the case where a change in the parties or pleadings requires postponement, or an executed settlement or stipulated findings of fact obviate the need for hearing. A partial amendment of the pleadings shall not be good cause for continuance to the extent that the unamended portion of the pleadings is ready to be heard.

(4) A stipulation for continuance signed by all parties or their authorized representatives, including, but not limited to, a representative, which is communicated with the request for continuance to the administrative law judge no later than 25 business days before the hearing.

(5) The substitution of the representative or attorney of a party upon showing that the substitution is required.

(6) The unavailability of a party, representative, or attorney of a party, or witness to an essential fact due to a conflicting and required appearance in a judicial matter if when the hearing date was set, the person did not know and could neither anticipate nor at any time avoid the conflict, and the conflict with request for continuance is immediately communicated to the administrative law judge.

(7) The unavailability of a party, a representative or attorney of a party, or a material witness due to an unavoidable emergency.

(8) Failure by a party to comply with a timely discovery request if the continuance request is made by the party who requested the discovery.

(d) In addition to the witness fees and mileage provided by Section 11450.40 of the Government Code, the department may pay actual, necessary, and reasonable expenses in an amount not to exceed the per diem allowance payable to a nonrepresented state employee on travel status. The department may pay witness expenses pursuant to this section in advance of the hearing.

(e) (1) The withdrawal of an application for a license or a special permit after it has been filed with the department shall not deprive the department of its authority to institute or continue a proceeding against the applicant for the denial of the license or a special permit upon any ground provided by law or to enter an order denying the license or special permit upon any ground provided by law.

(2) The suspension, expiration, or forfeiture by operation of law of a license issued by the department, or its suspension, forfeiture, or cancellation by order of the department or by order of a court of law, or its surrender, shall not deprive the 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 ground provided by law.

(f) (1) If an application for a license indicates, or the department determines during the application review process, that the applicant previously was issued a license under this chapter or under Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3 (commencing with Section 1500), Chapter 3.3 (commencing with Section 1569), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30) and the prior license was revoked within the preceding two years, the department shall cease any further review of the application until two years shall have elapsed from the date of the revocation.

(2) If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant previously was issued a certificate of approval by a foster family agency that was revoked by the department pursuant to subdivision (b) of Section 1534 within the preceding two years, the department shall cease any further review of the application until two years have elapsed from the date of the revocation.

(3) If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant was excluded from a facility licensed by the department pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, the department shall cease any further review of the application unless the excluded individual has been reinstated pursuant to Section 11522 of the Government Code by the department.

(4) If an application for a license indicates, or the department determines during the application review process, that the applicant had previously applied for a license under any of the chapters listed in paragraph (1) and the application was denied within the last year, the department shall cease further review of the application as follows:

(A) In cases where the applicant petitioned for a hearing, the department shall cease further review of the application until one year has elapsed from the effective date of the decision and order of the department upholding a denial.

(B) In cases where the department informed the applicant of his or her right to petition for a hearing and the applicant did not petition for a hearing, the department shall cease further review of the application until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing.

(C) The department may continue to review the application if it has determined that the reasons for the denial of the application were due to circumstances and conditions which either have been corrected or are no longer in existence.

(5) If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant had previously applied for a certificate of approval with a foster family agency and the department ordered the foster family agency to deny the application pursuant to subdivision (b) of Section 1534, the department shall cease further review of the application as follows:

(A) In cases where the applicant petitioned for a hearing, the department shall cease further review of the application until one year has elapsed from the effective date of the decision and order of the department upholding a denial.

(B) In cases where the department informed the applicant of his or her right to petition for a hearing and the applicant did not petition for a hearing, the department shall cease further review of the application until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing.

(C) The department may continue to review the application if it has determined that the reasons for the denial of the application were due to circumstances and conditions that either have been corrected or are no longer in existence.

(6) The cessation of review shall not constitute a denial of the application for purposes of Section 1568.062 or any other law.

history: (History: Amended by Stats. 1997, Ch. 617, Sec. 7. Effective January 1, 1998.)

article: 1. General Provisions


text:
(a) No license issued pursuant to this chapter shall have any property value for sale or exchange purposes and no person, including any owner, agent, or broker, shall sell or exchange any license for any commercial purpose.

(b) (1) Each residential care facility licensed under this chapter shall reveal its license number in all advertisements, publications, or announcements made with the intent to attract clients or residents.

(2) Advertisements, publications, or announcements subject to the requirements of paragraph (1) shall include, but not be limited to, those contained in a newspaper or magazine, consumer report, announcement of intent to commence business, telephone directory yellow pages, professional or service directory, or radio or television commercial.

history: (History: Added by Stats. 1991, Ch. 832, Sec. 10.)

article: 1. General Provisions


text:
(a) Notwithstanding Section 1568.061, in the event of a sale of a licensed residential care for persons with chronic, life-threatening illness facility where the sale will result in a new license being issued, the sale and transfer of property and business shall be subject to both of the following:

(1) The licensee shall provide written notice to the department and to each resident or his or her legal representative of the licensee’s intent to sell the facility at least 60 days prior to the transfer of property or business, or at the time that a bona fide offer is made, whichever period is longer.

(2) The licensee shall, prior to entering into an admission agreement, inform all residents, or their legal representatives, admitted to the facility after notification to the department, of the licensee’s intent to sell the property or business.

(b) Except as provided in subdivision (e), the property and business shall not be transferred until the buyer qualifies for a license or provisional license pursuant to this chapter.

(1) The seller shall notify, in writing, a prospective buyer of the necessity to obtain a license, as required by this chapter, if the buyer’s intent is to continue operating the facility as a residential care facility for the chronically ill. The seller shall send a copy of this written notice to the licensing agency.

(2) The prospective buyer shall submit an application for a license, as specified in Section 1568.04, within five days of the acceptance of the offer by the seller.

(c) No transfer of the property or business shall be permitted until 60 days have elapsed from the date when notice has been provided to the department pursuant to paragraph (1) of subdivision (a).

(d) The department shall give priority to applications for licensure that are submitted pursuant to this section in order to ensure timely transfer of the property and business. The department shall make a decision within 60 days after a complete application is submitted on whether to issue a license pursuant to Section 1568.04.

(e) If the parties involved in the transfer of the property and business fully comply with this section, then the transfer may be completed and the buyer shall not be considered to be operating an unlicensed facility while the department makes a final determination on the application for licensure.

history: (History: Added by Stats. 1992, Ch. 873, Sec. 2. Effective January 1, 1993.)

article: 1. General Provisions


text:
(a) A licensee of a residential care facility for persons with chronic, life-threatening illness may request inactive license status for either of the following:

(1) If the facility is nonoperational due to its destruction, significant damage, or prolonged closure due to an emergency or disaster pursuant to Chapter 15 (commencing with Section 1796.80) of Division 2 of the Health and Safety Code.

(2) For any other period of inactivity in the operation of the facility.

(b) For a period of inactivity, as described in paragraph (2) of subdivision (a), the following shall apply:

(1) A licensee shall submit a written request for inactive license status, on a form approved by the department, to the department for review and approval.

(2) The department may impose time limitations on inactive license status and identify situations in which inactive license status is not permitted.

(3) Notwithstanding any other law, the department may waive, in whole or in part, on a year-by-year basis, the annual fee specified in paragraph (1) of subdivision (a) of Section 1568.06 during the period of inactive license status.

(4) Paragraph (2) of subdivision (a) shall become operative on January 1, 2028.

(c) A license shall not be valid, for the purposes of subdivision (a) of Section 1568.03, during any period of inactive license status. A licensee shall be responsible for complying with all licensing standards when inactive license status ends. The department’s timeframe for required site visits may be adjusted during the period of inactive license status. However, if the department believes the licensee is operating during a period in which the department has granted inactive license status to the licensee, the department may enter the facility for any inspection permitted by law.

(d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted.

history: (History: Added by Stats. 2025, Ch. 546, Sec. 5. (SB 582) Effective January 1, 2026.)

article: 1. General Provisions


text:
(a) Any person may request an inspection of any residential care facility in accordance with this chapter by transmitting to the department notice of an alleged violation of applicable requirements prescribed by statutes or regulations of this state.

(b) The substance of the complaint shall be provided to the licensee no earlier than at the time of the inspection. Unless the complainant specifically requests otherwise, neither the substance of the complaint provided the licensee nor any copy of the complaint or any record published, released, or otherwise made available to the licensee shall disclose the name of any person mentioned in the complaint except the name of any duly authorized officer, employee, or agent of the department conducting the investigation or inspection pursuant to this chapter.

(c) Upon receipt of a complaint, other than a complaint alleging denial of a statutory right of access to a residential care facility, the department shall make a preliminary review and, unless the department determines that the complaint is willfully intended to harass a licensee or is without any reasonable basis, it shall make an onsite inspection within 10 days after receiving the complaint except where the visit would adversely affect the licensing investigation or the investigation of other agencies, including, but not limited to, law enforcement agencies. In either event, the complainant shall be promptly informed of the department’s proposed course of action.

(d) Upon receipt of a complaint alleging denial of a statutory right of access to a residential facility, the department shall review the complaint. The complainant shall be notified promptly of the department’s proposed course of action.

article: 1. General Provisions


text:
(a) The department shall adopt, amend, and repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any reasonable rules, regulations, and standards as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with state law.

(b) Regulations for a license shall prescribe standards of safety and sanitation, for the physical plant, as well as for the basic care and supervision, personal care, and services to be provided by a facility.

(c) Regulations shall specify the application and licensing process, the range of services, alternative methods for providing those services, the appraisal and assessment process, and facility staffing and training requirements.

(d) Regulations shall allow for the development of new and innovative community programs.

history: (History: Amended by Stats. 1991, Ch. 832, Sec. 12.)

article: 1. General Provisions


text:
(a) (1) The department may order the licensee to remove a resident who has a health condition which cannot be cared for within the limits of the license or requires inpatient care in a health facility as determined by the department pursuant to Section 1568.07.

(2) When the department determines that the resident’s mental or physical condition requires immediate transfer from the facility in order to protect the health and safety of the resident, the department may order the licensee to remove the resident after the department consults with a physician or other medical professional about the transfer and ways in which transfer trauma can be minimized.

(b) (1) When the department determines that a resident has a health condition which cannot be cared for within the limits of the license or requires inpatient care in a health facility, the department shall give notice to the resident, his or her legal representative when appropriate, his or her physician when applicable, his or her case manager when applicable, and the licensee. The notice shall specify a deadline for submitting a written plan for relocation and inform the resident of his or her right for a review and determination. The resident, or his or her legal representative, shall have three working days to inform the licensee of the request for review. The licensee shall forward the request to the department within two working days of receipt. Failure or refusal by the licensee to submit the request to the department may subject the licensee to the civil penalties as specified in Section 1568.0822. The department shall not refuse to consider the request if the licensee fails or refuses to submit the request to the department.

(2) The review and determination shall be completed within 30 days from the date that the resident was initially informed of the need to relocate. If the determination is made that the resident must relocate, the notice shall include a plan for transfer including ways to minimize transfer trauma for the resident.

(3) The department may require the licensee to prepare and submit to the department a written plan for relocation, to comply with the terms and conditions of the approved plan, and to provide other information as necessary for the enforcement of this section.

(c) The provisions allowing for a resident’s right to a review prior to transfer as provided in subdivision (b) neither negates the department’s authority and responsibility to require an immediate transfer according to paragraph (2) of subdivision (a) when the department finds and provides evidence that the resident must be relocated in order to protect the health and safety of the resident, nor implies any right to a fair hearing pursuant to Chapter 7 (commencing with Section 10950) of Part 2 of Division 9 of the Welfare and Institutions Code.

(d) The department shall specify by regulation the process for making relocation decisions and for appealing and reviewing those decisions pursuant to this section.

article: 1. General Provisions


text:
(a) A licensee of a facility that has internet service shall provide at least one internet access device, such as a computer, smart phone, tablet, or other device, that can support real-time interactive applications, is equipped with videoconferencing technology, including microphone and camera functions, and is dedicated for client use.

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

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

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

history: (History: Added by Stats. 2021, Ch. 469, Sec. 2. (AB 665) Effective January 1, 2022.)

article: 1. General Provisions


text: On and after January 1, 1999, no security window bars may be installed or maintained on any residential care facility unless the security window bars meet current state and local requirements, as applicable, for security window bars and safety release devices.

history: (History: Added by Stats. 1998, Ch. 343, Sec. 2. Effective January 1, 1999.)

article: 1. General Provisions


text:
(a) A placement agency shall place individuals only in licensed residential care facilities or facilities which are exempt from licensure under subdivision (c) of Section 1568.03.

(b) No employee of a placement agency shall place, refer, or recommend placement of a person in a facility operating without a license, unless the facility is exempt from licensure under subdivision (c) of Section 1568.03. Violation of this subdivision is a misdemeanor.

(c) Any employee of a placement agency who knows, or reasonably suspects that a facility, which is not exempt from licensure under this chapter, is operating without a license shall report the name and address of the facility to the department. Failure to report as required by this subdivision is a misdemeanor.

(d) The department shall investigate any report filed under subdivision (c). If the department has probable cause to believe that the facility which is the subject of the report is operating without a license, the department shall investigate the facility within 10 days after receipt of the report.

(e) A placement agency shall notify the department of any known or suspected incidents which would jeopardize the health or safety of residents in a residential care facility. Reportable incidents include, but are not limited to, all of the following:

(1) Incidents of physical abuse.

(2) Any violation of personal rights.

(3) Any situation in which a facility is unclean, unsafe, unsanitary, or in poor condition.

(4) Any situation in which a facility has insufficient personnel or incompetent personnel on duty.

(5) Any situation in which residents experience mental or verbal abuse.

(6) Any situation in which a facility is suspected of accepting or retaining residents who require a higher level of care than the facility is authorized to provide.

article: 1. General Provisions


text:
(a) The department may suspend or revoke any license issued under this chapter upon any of the following grounds and in the manner provided in this chapter:

(1) Violation by the licensee of this chapter or of the rules and regulations adopted pursuant to this chapter.

(2) Aiding, abetting, or permitting the violation of this chapter or of the rules and regulations adopted pursuant to this chapter.

(3) Conduct which is inimical to the health, welfare, or safety of either an individual in or receiving services from the facility or the people of the State of California.

(4) The provision of services beyond the level the facility is authorized to provide, or accepting or retaining residents who require services of a higher level than the facility is authorized to provide.

(5) Engaging in acts of financial malfeasance concerning the operation of a facility, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services.

(b) The director may temporarily suspend any license, prior to any hearing when, in the opinion of the director, the action is necessary to protect residents of the facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The director shall notify the licensee of the temporary suspension and the effective date of the temporary suspension, and at the same time shall serve the provider with an accusation. Upon receipt of a notice of defense to the accusation by the licensee, the director shall, within 15 days, set the matter for hearing, and the hearing shall be held as soon as possible, but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after the original hearing has been completed.

(c) In any case where the department orders the licensee to remove a resident who has a health condition or health conditions which cannot be cared for within the limits of the license or special permit or requires inpatient care in a health facility licensed pursuant to Chapter 2 (commencing with Section 1250), the licensee shall do all of the following:

(1) Prepare and submit to the department a written plan for relocation of the client or resident, in a form acceptable to the department.

(2) Comply with all terms and conditions of the approved relocation plan.

(3) Provide any other information as may be required by the department for the proper administration and enforcement of this section.

history: (History: Amended by Stats. 1998, Ch. 311, Sec. 32. Effective August 19, 1998.)

article: 1. General Provisions


text:
(a) The department, State Fire Marshal, or local fire officials shall not make a de facto determination of a resident’s ambulatory or nonambulatory status based on a resident’s placement in the facility. Interpretation of regulations related to fire safety in residential care facilities shall be made to provide flexibility to allow residents to remain in the least restrictive environment.

(b) This chapter shall not preempt the application of any local zoning requirements to residential care facility, except as provided for in Section 1568.0831.

article: 1. General Provisions