The following general definitions shall apply wherever the
terms are used throughout Division 6, Chapters 1, 4 through 6, and Chapter 9,
except where specifically noted otherwise. Additional definitions found at the
beginning of each chapter in this division shall apply only to such specific
facility category.
(a)
(1) "Activities of Daily Living" (ADLs) mean
the following six activities:
(A) Bathing:
Cleaning the body using a tub, shower or sponge bath, including getting a basin
of water, managing faucets, getting in and out of tub or shower, reaching head
and body parts for soaping, rinsing and drying.
(B) Dressing: Putting on and taking off,
fastening and unfastening garments and undergarments and special devices such
as back or leg braces, corsets, elastic stockings/garments and artificial limbs
or splints.
(C) Toileting: Getting
on and off a toilet or commode, emptying a commode, managing clothes, wiping
and cleaning the body after toileting, and using and emptying a bedpan and
urinal.
(D) Transferring: Moving
from one sitting or lying position to another sitting or lying position (e.g.,
from bed to or from a wheelchair, or sofa, coming to a standing position and/or
repositioning to promote circulation and to prevent skin breakdown).
(E) Continence: Ability to control bowel and
bladder as well as to use ostomy and/or catheter receptacles, and to apply
diapers and disposable barrier pads.
(F) Eating: Reaching for, picking up,
grasping a utensil and cup; getting food on a utensil; bringing food, utensil,
and cup to mouth; manipulating food on plate; and cleaning face and hands as
necessary following meal.
(2) "Administrator" means the licensee, or
the adult designated by the licensee to act in his/her behalf in the overall
management of the facility.
(3)
"Adult" means a person who is 18 years of age or older.
(4) "Adult Community Care Facility" (Adult
CCF) means an adult residential facility (ARF).
(5) "Adult Residential Facility" means any
facility of any capacity that provides 24-hour-a-day nonmedical care and
supervision to the following:
(A) persons 18
years of age through 59 years of age; and
(B) persons 60 years of age and older only in
accordance with Section
85068.4.
(6) "Applicant" means any individual, firm,
partnership, association, corporation, county, city, public agency or other
governmental entity that has made application for a community care facility
license, administrator certificate, or special permit.
(7) "Authorized Representative" means any
person or entity authorized by law to act on behalf of any client. Such person
or entity may include but not be limited to a minor's parent, a legal guardian,
a conservator or a public placement agency.
(8) "Automated External Defibrillator" (AED)
means a light-weight, portable device used to administer an electric shock
through the chest wall to the heart. Built-in computers assess the patient's
heart rhythm, determine whether defibrillation (electrical shock) is needed and
then administer the shock. Audible and/or visual prompts guide the user through
the process.
(b)
(1) "Basic Rate" means the rate charged by a
facility to provide basic services. For SSI/SSP recipients, the basic rate
means the established nonmedical out-of-home care rate which includes any
exempt income allowance but does not include that amount allocated for the
recipient's personal and incidental needs.
(2) "Basic Services" means those services
required by applicable law and regulation to be provided by the licensee in
order to obtain and maintain a community care facility
license.
(c)
(1) "California Clearance" means an
individual has no felony or misdemeanor convictions reported by the California
Department of Justice. However, the individual may have been arrested with no
criminal conviction, convicted of a minor traffic offense or adjudicated as a
juvenile.
(2) "Capacity" means the
maximum number of persons authorized to be provided care and supervision at any
one time in any licensed facility.
(3) "Care and Supervision" means any one or
more of the following activities provided by a person or facility to meet the
needs of the clients:
(A) Assistance in
dressing, grooming, bathing and other personal hygiene.
(B) Assistance with taking medication, as
specified in section
80075.
(C) Central storing and/or distribution of
medications, as specified in section
80075.
(D) Arrangement of and assistance with
medical and dental care.
(E)
Maintenance of house rules for the protection of clients.
(F) Supervision of client schedules and
activities.
(G) Maintenance and/or
supervision of client cash resources or property.
(H) Monitoring food intake or special
diets.
(I) Providing basic services
as defined in section
80001(b)(2).
(4) "Cash Resources" means:
(A) Monetary gifts.
(B) Tax credits and/or refunds.
(C) Earnings from employment or
workshops.
(D) Personal and
incidental need allowances from funding sources including but not limited to
SSI/SSP.
(E) Allowances paid to
children.
(F) Any other similar
resources as determined by the licensing agency.
(5) "Certified administrator" means an
administrator who has been issued a group home or adult residential facility
certificate by the Department and whose certificate is current.
(6) "Child Abuse Central Index" means the
California Department of Justice maintained statewide, multi-jurisdictional,
centralized index of child abuse investigation reports. These reports pertain
to alleged incidents of physical abuse, sexual abuse, mental/emotional abuse
and/or severe neglect. Each child protection agency (police, sheriff, county
welfare and probation departments) is required by law to forward to the
California Department of Justice a report of every child abuse incident it
investigates, unless an incident is determined to be unfounded.
(7) "Child Abuse Central Index Clearance"
means that the California Department of Justice has conducted a name search of
the index and the search did not result in a match or the search resulted in a
match but the California Department of Social Services determined after an
investigation that the allegation of child abuse or neglect was not
substantiated.
(8) "Child Care
Center" means any facility of any capacity other than a family day care home as
defined in section
102352 f.(1) in which less than
24-hour per day nonmedical supervision is provided for children in a group
setting.
(9) "Client" means a child
or adult who is receiving care and supervision in a community care facility.
Client includes "resident" as used in the Community Care Facilities
Act.
(10) "Client Who Relies Upon
Others To Perform All Activities of Daily Living" means a client who is unable
to perform all six activities of daily living without physical
assistance.
(11) Close friend.
"Close friend" means a person who is attached to another by feelings of
personal regard as indicated by both parties involved.
(12) "Community Care Facility" means any
facility, place or building where nonmedical care and supervision, as defined
in section
80001 c.(2) are
provided.
(13) "Community Treatment
Facility" means any residential facility that provides mental health treatment
services to children in a group setting which has the capacity to provide
secure containment. The facility's program components shall be subject to
program standards developed and enforced by the State Department of Mental
Health pursuant to Section
4094
of the Welfare and Institutions Code.
(14) "Completed Application" means:
(A) The applicant has submitted and the
licensing agency has received all required materials including: an approved
fire clearance, if appropriate, from the State Fire Marshal; a criminal record
clearance on the applicant and any other individuals specified in section
80019.
(B) The licensing agency has completed a site
visit to the facility.
(15) "Conservator" means a person appointed
by the Superior Court pursuant to the provisions of section
1800 et seq. of the Probate Code
or section
5350
of the Welfare and Institutions Code, to care for the person, or estate, or
person and estate, of another.
(16)
"Consultant" means a person professionally qualified by training or experience
to provide expert information on a particular subject.
(17) "Control of Property" means the right to
enter, occupy, and maintain the operation of the facility property within
regulatory requirements. Evidence of control of property may include, but is
not limited to the following:
(A) a Grant Deed
showing ownership; or
(B) the lease
agreement or rental agreement; or
(C) a court order or similar document which
shows the authority to control the property pending outcome of a probate
proceeding or an estate settlement.
(18) "Conviction" means:
(A) A criminal conviction in California;
or
(B) Any criminal conviction of
another state, federal, military or other jurisdiction, which if committed or
attempted in California, would have been punishable as a crime in
California.
(19)
"Criminal Record Clearance" means an individual has a California clearance and
an FBI clearance.
(d)
(1) "Day" means calendar day unless otherwise
specified.
(2) "Deficiency" means
any failure to comply with any provision of the Community Care Facilities Act
(Health and Safety Code, section
1500
et seq.) and/or regulations adopted by the Department pursuant to the
Act.
(3) "Delayed-Egress Device"
means a special time-delay, egress-control device as specified in Health and
Safety Code Sections
1531.1(b),
(e), and
1569.699(a).
(4) "Dementia" means a deterioration of
intellectual function and other cognitive skills, leading to a decline in one's
ability to perform activities of daily living.
(5) "Department" is defined in Health and
Safety Code section
1502(b).
(6) "Developmental Disability" means a
disability as defined in Welfare and Institutions Code section
4512(a).
(7) "Dietitian" means a person who is a
member of or registered by the American Dietetics Association.
(8) "Director" is defined in Health and
Safety Code section
1502(c).
(e)
(1)
"Egress-Alert Device" means a wrist band or other device, that may be worn by a
client or carried on a client's person that triggers a visual or auditory alarm
when the client leaves the facility building or grounds.
(2) "Elderly Person" means any person who is
60 years of age or older.
(3)
"Emergency Approval to Operate" (LIC 9117 4/93) (EAO) means a temporary
approval to operate a facility for no more than 60 days pending the
Department's decision on whether to approve or deny a provisional
license.
(4) "Evaluator" means any
person who is a duly authorized officer, employee or agent of the Department,
including any officer, employee or agent of a county or other public agency
authorized by the Department to license community care facilities.
(5) "Evidence of Licensee's Death" shall
include, but is not limited to, a copy of the death certificate, obituary
notice, certification of death from the decedent's mortuary or a letter from
the attending physician or coroner's office verifying the licensee's
death.
(6) "Exception" means a
written authorization issued by the licensing agency to use alternative means
which meet the intent of a specific regulation(s) and which are based on the
unique needs or circumstances of a specific client(s) or staff person(s).
Exceptions are granted for particular client(s) or staff person(s) and are not
transferable or applicable to other client(s), staff person(s), facilities or
licensees.
(7) "Exemption" means an
exception to the requirements of Health and Safety Code section
1522
and applicable regulations. Exemptions are not transferable.
(8) "Existing Facility" means any community
care facility operating under a valid, unexpired license on the date this
chapter becomes effective.
(f)
(1)
"Federal Bureau of Investigation (FBI) Clearance" means an individual has no
felony or misdemeanor convictions reported by the FBI. However, the individual
may have been arrested with no criminal conviction, convicted of a minor
traffic offense or adjudicated as a juvenile.
(g)
(1)
"Group Home" means any facility of any capacity which provides 24-hour care and
supervision to children in a structured environment with such services provided
at least in part by staff employed by the licensee. The care and supervision
provided by a group home shall be nonmedical except as permitted by Welfare and
Institutions Code Section
17736(b).
(2) "Guardian" means a person appointed by
the Superior Court pursuant to the provisions of sections
1500 et seq. of the Probate Code
to care for the person, or estate, or the person and estate of
another.
(h)
(1) "Health Condition Relocation Order" means
written notice by the Department to a licensee requiring the relocation of a
client from a CCF because either the licensee is not providing adequate care
for a client's health condition as required by the regulations or the client
cannot be cared for within the limits of the license or the client requires
in-patient care in a health facility or has a prohibited health condition, as
specified in Section
80091.
(2) "Home Economist" means a person who holds
a baccalaureate degree in home economics with a specialization in either foods
and nutrition or dietetics.
(i)
(1)
"Infant" means a child under two years of age.
(2) "Inhalation-assistive device" means any
equipment that assists a client to breath, including, but not limited to,
aerosol delivery devices, nebulizers, humidifiers, incentive spirometry
devices, positive airway pressure devices, positive expiratory pressure
devices, and intermittent positive pressure breathing (IPPB)
machines.
(3) "Interdisciplinary
Team" (IDT) means a team that assists the Department in evaluating the need for
relocating a client of an ARF when the client requests a review of the
Department's Health Condition Relocation Order. This team consists of a nurse
practitioner and a social worker, designated by the Department, with experience
in the needs of the client population. Persons selected for an IDT shall not
have been involved in the initial decision to issue a relocation order for the
client in question.
(j)
(Reserved)
(k) (Reserved)
(l)
(1)
"Lacks Hazard Awareness or Impulse Control" means that the client poses a risk
of harm to himself or herself or others by wandering off or running away from
the residence and requires an enhancement to supervision through the use of
delayed egress devices and secured perimeters without which the consumer would
require placement in a more restrictive, locked residential setting.
(2) "License" means authorization to operate
a community care facility and to provide care and supervision. The license is
not transferable.
(3) "Licensed
professional" means a person who is licensed in California to provide medical
care or therapy. This includes physicians and surgeons, physician assistants,
nurse practitioners, registered nurses, licensed vocational nurses, psychiatric
technicians, physical therapists, occupational therapists and respiratory
therapists, who are operating within his/her scope of practice.
(4) "Licensee" means the adult, firm,
partnership, association, corporation, county, city, public agency, or other
governmental entity having the authority and responsibility for the operation
of a licensed community care facility.
(5) "Licensing Agency" means the State
Department of Social Services or any state, county or other public agency
authorized by the Department to assume specified licensing responsibilities
pursuant to section
1511
of the Health and Safety Code.
(m)
(1)
"Mandated Reporter" is defined in Welfare and Institutions Code Section
15630(a).
(2) "Medical Professional" means an
individual who is licensed or certified in California to perform the necessary
medical procedures within his/her scope of practice. This includes, but is not
limited to, Medical Doctor (MD), Registered Nurse (RN) and Licensed Vocational
Nurse (LVN).
(3) "Mental Disorder"
means any of the disorders set forth in the Diagnostic and Statistical Manual
of Mental Disorders (Third Edition) of the American Psychiatric Association and
a degree of functional impairment which renders a person eligible for the
services enumerated under the Lanterman-Petris-Short Act, commencing with
section
5000
of the Welfare and Institutions Code.
(n)
(1)
"Needs and Services Plan" means a written plan that identifies the specific
needs of an individual client, including those items specified in Section
80068.2, and delineates those
services necessary to meet the client's identified needs.
(2) "Nonambulatory Person" means a person as
defined in Health and Safety Code section
13131.
(A) A person who uses postural supports as
specified in section
80072(a)(8) is
deemed nonambulatory.
(B) A person
is not deemed nonambulatory solely because he/she is deaf, blind, or prefers to
use a mechanical aid.
(3)
"Nutritionist" means a person who holds a master's degree in food and
nutrition, dietetics, or public health nutrition, or who is employed as a
nutritionist by a county health department.
(o) (Reserved)
(p)
(1)
"Physician" means a person licensed as a physician and surgeon by the
California Board of Medical Examiners or by the California Board of Osteopathic
Examiners.
(2) "Placement agency"
is defined in Health and Safety Code Sections
1536.1
and
1569.47(a).
(3) "PRN Medication" (pro re nata) means any
nonprescription or prescription medication which is to be taken as
needed.
(4) "Provision" or
"Provide" means whenever any regulation requires that provisions be made for or
that there be provided any service, personnel, or other requirement, the
licensee shall do so directly or present evidence to the licensing agency that
the requirement has been met by some other means.
(5) "Provisional License" means a license
which is temporary, nonrenewable and issued for a period not to exceed twelve
months. A provisional license is issued in accordance with the criteria
specified in section
80030.
(q) (Reserved)
(r)
(1)
"Rehabilitation" means the effort to reestablish good character since the date
of the last conviction, including, but not limited to, education, counseling or
therapy, training, stable employment, restitution, remorse, changes in
lifestyle, or community service.
(2) "Relative" means spouse, parent,
stepparent, son, daughter, brother, sister, stepbrother, stepsister,
half-brother, half-sister, uncle, aunt, niece, nephew, first cousin or any such
person denoted by the prefix "grand" or "great" or the spouse of any of the
persons specified in this definition, even after the marriage has been
terminated by death or dissolution.
(3) "Responsible person" means that
individual or individuals, including a relative, health care surrogate decision
maker, or placement agency, who assists the client or prospective client in
placement or assumes varying degrees of responsibility for the client's
well-being. A responsible person cannot act on behalf of a client unless
authorized by law.
(s)
(1) "Serious Bodily Injury" is defined in
Welfare and Institutions Code Section
15610.67.
(2) "Secured Perimeters" shall have the same
meaning as Health and Safety Code section
1531.15(b).
(3) "Serious Deficiency" means any deficiency
that presents an immediate or substantial threat to the physical health, mental
health or safety of the clients of a community care facility.
(4) "Simplified Exemption" means an exemption
granted on the Department's own motion, as authorized in Health and Safety Code
Section
1522(c)(4),
if the individual's criminal history meets specific criteria established by
Department regulation.
(5) "Small
Family Home" means any residential facility in the licensee's family residence
providing 24-hour a day care for six or fewer children who are mentally
disordered, developmentally disabled or physically handicapped and who require
special care and supervision as a result of such disabilities.
(6) "Social Worker" means a person who has a
graduate degree from an accredited school of social work.
(7) "SSI/SSP" means the Supplemental Security
Income/State Supplemental Program which is a federal/state program that
provides financial assistance to aged, blind and/or disabled residents of
California.
(8) "Substantial
Compliance" means the absence of any serious deficiencies.
(9) "Substantiated Complaint" means a
complaint which has been investigated by the licensing agency, and as a result,
a violation of regulations has been found.
(t)
(1)
"Transfer Trauma" means the consequences of the stress and emotional shock
caused by an abrupt, involuntary relocation of a client or resident from one
facility to another.
(u)
(1) "Universal Precautions" means an approach
to infection control that treats all human blood and body fluids as if they are
infectious. Generally, Universal Precautions consist of regular hand-washing
after coming into contact with another person's body fluids (mucous, saliva,
urine, etc.) and includes the use of gloves when handling blood or body fluids
that contain blood. Specifically, Universal Precautions consist of the
following four basic infection control guidelines:
(A) Hand-washing -- Staff should wash their
hands:
1. After assisting with incontinent
care or wiping a client's nose.
2.
Before preparing or eating foods.
3. After using the toilet.
4. Before and after treating or bandaging a
cut.
5. After wiping down surfaces,
cleaning spills, or any other housekeeping.
6. After being in contact with any body
fluids from another person.
7. Even
if they wore gloves during contact with body fluids.
(B) Gloves -- Staff should always wear
gloves:
1. When they come into contact with
blood or body fluids that contain blood.
2. When they have cuts or scratches on their
hands.
3. When assisting with
incontinent care or when cleaning up urine, stool, or vomit.
4. When administering first aid for a cut, a
bleeding wound, or a bloody nose.
5. And use gloves only one time, for one
incident or client.
a. Staff must air dry
their hands prior to putting on a new pair of gloves.
6. And dispose of used gloves immediately
after use.
(C) Cleaning
with a disinfectant -- Staff should clean with a disinfectant:
1. On all surfaces and in the client's room
and on an "as needed" basis on any surface that has come into contact with
blood.
2. Such as a basic bleach
solution, made fresh daily by mixing:
a. 1/4
cup household liquid chloride bleach in one gallon of tap water, or one
tablespoon bleach in one quart of water.
(D) Proper disposal of infectious materials
-- Staff should dispose of infectious materials by:
1. Placing it in a plastic trash bag, tying
it with a secure tie, and disposing of it out of reach of clients and
children.
(2)
"Unlicensed Community Care Facility" means a facility as defined in Health and
Safety Code section
1503.5.
(A) [Reserved]
(B) A facility which is "providing care and
supervision" as defined in section
80001 c(2) includes, but is not
limited to, one in which an individual has been placed by a placement agency or
family members for temporary or permanent care.
(C) A facility which is "held out as or
represented as providing care or supervision" includes, but is not limited to:
(1) A facility whose license has been revoked
or denied, but the individual continues to provide care for the same or
different clients with similar needs.
(2) A facility where a change of ownership
has occurred and the same clients are retained.
(3) A licensed facility that moves to a new
location.
(4) A facility which
advertises as providing care and/or supervision.
(D) A facility which "accepts or retains
residents who demonstrate the need for care or supervision" includes, but is
not limited to:
(1) A facility with residents
requiring care and/or supervision, even though the facility is providing board
and room only, or board only, or room only.
(2) A facility which houses unemancipated
minors, even though the facility is providing board and room only, or board
only, or room only.
(3) A facility
where it is apparent that care and/or supervision are being provided by virtue
of the client's needs being met.
(3) "Urgent Need" means a situation where
prohibiting the operation of the facility would be detrimental to a client's
physical health, mental health, safety, or welfare. Circumstances constituting
urgent need include but are not limited to the following:
(A) A change in facility location when
clients are in need of services from the same operator at the new
location.
(B) A change of facility
ownership when clients are in need of services from a new
operator.
(v) (Reserved)
(w)
(1)
"Waiver" means a nontransferable written authorization issued by the licensing
agency to use alternative means which meet the intent of a specific regulation
and which are based on a facility-wide need or
circumstance.
(x)
(Reserved)
(y) (Reserved)
(z) (Reserved)
Notes
Cal. Code Regs. Tit. 22, §
80001
1. Amendment
of subsection (a)(28) filed 12-30-83 as an emergency; designated effective
1-1-84 pursuant to Government Code section
11346.2(d)
(Register 83, No. 53).
2. Amendment of subsection (a)(41) filed
2-21-86; effective thirtieth day thereafter (Register 86, No. 8).
3.
Amendment filed 6-15-87; operative 7-15-87 (Register 87, No. 25).
4.
Amendment filed 8-17-88; operative 9-16-88 (Register 88, No. 34).
5.
Amendment filed 2-24-89; operative 3-26-89 (Register 89, No. 10).
6.
Amendment filed 3-24-89; operative 4-23-89 (Register 89, No. 15).
7.
Change without regulatory effect of subsection (a)(37)(A) pursuant to section
100(b)(3), title
1, California Code of Regulations filed 6-8-91; operative 7-8-90 (Register 90,
No. 33).
8. Renumbering former subsections (a)(51) through (a)(53)
to subsections (a)(52) through (a)(54) and new subsection (a)(51) filed
10-26-90; operative 11-25-90 (Register 90, No. 49).
9. Change
without regulatory effect amending subsection (a) filed 1-9-91 pursuant to
section 100, title 1, California Code of
Regulations (Register 91, No. 8).
10. Change without regulatory
effect amending section filed 2-4-91 pursuant to section
100, title 1, California Code of
Regulations (Register 91, No. 11).
11. New subsection and
renumbering of subsections
46 through
50 to subsections
47 through
53 filed 1-7-91; operative 2-2-91
pursuant to Government Code section
11346.1(d)
(Register 91, No. 12).
12. Change without regulatory effect amending
lettering and correcting cross- references filed 5-28-91 pursuant to section
100, title 1, California Code of
Regulations (Register 91, No. 28).
13. Editorial correction of
printing error in HISTORY 11 replacing correct wording (Register 91, No.
28).
14. Editorial correction of printing error in NOTE (Register
91, No. 32).
15. New subsections (c)(11)-(c)(11)(C), (e)(2) and
(e)(4), subsection renumbering, and amendment of NOTE filed 6-15-93; operative
7-15-93 (Register 93, No. 25).
16. Amendment of section and NOTE
filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A
Certificate of Compliance must be transmitted to OAL by 6-2-97 or emergency
language will be repealed by operation of law on the following
day.
17. Amendment of subsection (g)(1) and NOTE filed 5-14-97;
operative 6-13-97 (Register 97, No. 20).
18. New subsection (p)(3)
and subsection renumbering filed 5-15-97; operative 6-15-97 (Register 97, No.
20).
19. Amendment of section and NOTE refiled 5-21-97 as an
emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance
must be transmitted to OAL by 9-29-97 or emergency language will be repealed by
operation of law on the following day.
20. Amendment of section and
NOTE refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40).
A Certificate of Compliance must be transmitted to OAL by 1-27-98 or emergency
language will be repealed by operation of law on the following
day.
21. Editorial correction of subsection (a)(3) (Register 98, No.
5).
22. Amendment of section and NOTE refiled 1-26-98 as an
emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance
must be transmitted to OAL by 5-27-98 or emergency language will be repealed by
operation of law on the following day.
23. Certificate of Compliance
as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register
98, No. 13).
24. Amendment of section and NOTE refiled 3-23-98 as an
emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance
must be transmitted to OAL by 7-21-98 or emergency language will be repealed by
operation of law on the following day.
25. New subsection (c)(8),
subsection renumbering, and amendment of NOTE filed 6-24-98; operative 7-1-98
pursuant to Government Code section
11343.4(d)
(Register 98, No. 26).
26. Certificate of Compliance as to 3-23-98
order, including further amendment of section and NOTE, transmitted to OAL
7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98
(Register 98, No. 36).
27. New subsection (d)(3) and subsection
renumbering filed 11-12-98; operative 12-12-98 (Register 98, No.
46).
28. Amendment of subsection (a)(8), new subsections (c)(4) and
(d)(1), subsection renumbering, and amendment of NOTE filed 9-22-99 as an
emergency; operative 9-22-99 (Register 99, No. 39). A Certificate of Compliance
must be transmitted to OAL by 3-20-2000 or emergency language will be repealed
by operation of law on the following day.
29. Amendment of
subsection (a)(8), new subsections (c)(4) and (d)(1), subsection renumbering,
and amendment of NOTE refiled 3-9-2000 as an emergency; operative 3-22-2000
(Register 2000, No. 10). A Certificate of Compliance must be transmitted to OAL
by 9-18-2000 or emergency language will be repealed by operation of law on the
following day.
30. New subsection (c)(9) and subsection renumbering
filed 5-23-2000 as an emergency; operative 6-1-2000 (Register 2000, No. 21). A
Certificate of Compliance must be transmitted to OAL by 9-29-2000 or emergency
language will be repealed by operation of law on the following
day.
31. Certificate of Compliance as to 3-9-2000 order transmitted
to OAL 4-12-2000 and filed 5-24-2000 (Register 2000, No. 21).
32.
Certificate of Compliance as to 5-23-2000 order transmitted to OAL 9-18-2000
and filed 10-16-2000 (Register 2000, No. 42).
33. Change without
regulatory effect amending subsection (e)(2) and NOTE filed 11-8-2000 pursuant
to section
100, title 1, California Code of
Regulations (Register 2000, No. 45).
34. New subsection (a)(10) and
amendment of NOTE filed 8-9-2002; operative 9-8-2002 (Register 2002, No.
32).
35. Amendment of subsection (u)(1)(B)3. and amendment of NOTE
filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
36.
Amendment of section and NOTE filed 7-14-2003 as an emergency; operative
7-16-2003 (Register 2003, No. 29). A Certificate of Compliance must be
transmitted to OAL by 11-13-2003 or emergency language will be repealed by
operation of law on the following day.
37. Amendment of section and
NOTE refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003,
No. 46). A Certificate of Compliance must be transmitted to OAL by 3-11-2004 or
emergency language will be repealed by operation of law on the following
day.
38. Amendment of section and NOTE refiled 3-11-2004 as an
emergency; operative 3-11-2004 (Register 2004, No. 11). A Certificate of
Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be
repealed by operation of law on the following day.
39. Certificate
of Compliance as to 3-11-2004 order, including further amendment of section,
transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No.
34).
40. Amendment of first paragraph and subsection (a)(4),
repealer of subsections (a)(5)-(6), subsection renumbering and renumbering of
definition of "Urgent Care" from (u)(2) to (u)(3) filed 12-13-2006; operative
1-12-2007 (Register 2006, No. 50).
41. Amendment of subsection
(a)(5) and new subsections (a)(5)(A)-(B) and amendment of NOTE filed 7-31-2009;
operative 8-30-2009 (Register 2009, No. 31).
42. Amendment of first
paragraph, repealer of subsection (c)(6) and subsection renumbering filed
2-6-2012; operative 3-7-2012 (Register 2012, No. 6).
43. Change
without regulatory effect amending first paragraph and subsections (a)(4) and
(i)(3), repealing subsection (s)(4), renumbering subsections and amending NOTE
filed 1-5-2016 pursuant to section
100, title 1, California Code of
Regulations (Register 2016, No. 2).
44. New subsections (l)(1) and
(s)(1), subsection renumbering and amendment of NOTE filed 2-9-2017 as an
emergency; operative 2-9-2017 (Register 2017, No. 6). A Certificate of
Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be
repealed by operation of law on the following day.
45. Change
without regulatory effect adopting new subsections (m)(1) and (s)(1),
renumbering subsections and amending NOTE filed 5-2-2017 pursuant to section
100, title 1, California Code of
Regulations (Register 2017, No. 18).
46. Certificate of Compliance
as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017 (Register
2017, No. 37).
47. Change without regulatory effect amending first
paragraph filed 9-14-2021 pursuant to section
100, title 1, California Code of
Regulations (Register 2021, No. 38). Filing deadline specified in Government
Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.
Note: Authority cited: Sections
1502,
1522.41(j),
1524(e),
1530,
1530.9
and
1531.15,
Health and Safety Code. Reference: Sections
1501,
1502,
1502(a)(8),
1502.5,
1503,
1503.5,
1505,
1507,
1508,
1509,
1511,
1520,
1522,
1524,
1524(e),
1525,
1525.5,
1526,
1527,
1530,
1530.5,
1531,
1531.1,
1531.15,
1533,
1534,
1536.1,
1537,
1538.5,
1550,
1551,
1556,
1569.699(a),
1797.196
and
11834.02,
Health and Safety Code; Sections
11006.9,
17736(a),
17736(b)
and
15610.67,
Welfare and Institutions Code;
29 CFR
1910.1030; and Joint Stipulation and Order
for Settlement in the matter of California Association of Mental Health
Patients' Rights Advocates v. Cliff Allenby, et al., Santa Clara County
Superior Court, No. 106-CV061397, issued November 14,
2008.
1. Amendment of
subsection (a)(28) filed 12-30-83 as an emergency; designated effective 1-1-84
pursuant to Government Code section
11346.2(d)
(Register 83, No. 53).
2. Amendment of subsection (a)(41) filed
2-21-86; effective thirtieth day thereafter (Register 86, No. 8).
3.
Amendment filed 6-15-87; operative 7-15-87 (Register 87, No. 25).
4.
Amendment filed 8-17-88; operative 9-16-88 (Register 88, No. 34).
5.
Amendment filed 2-24-89; operative 3-26-89 (Register 89, No. 10).
6.
Amendment filed 3-24-89; operative 4-23-89 (Register 89, No. 15).
7.
Change without regulatory effect of subsection (a)(37)(A) pursuant to section
100(b)(3), title 1, California Code of Regulations filed 6-8-91; operative
7-8-90 (Register 90, No. 33).
8. Renumbering former subsections
(a)(51) through (a)(53) to subsections (a)(52) through (a)(54) and new
subsection (a)(51) filed 10-26-90; operative 11-25-90 (Register 90, No.
49).
9. Change without regulatory effect amending subsection (a)
filed 1-9-91 pursuant to section 100, title 1, California Code of Regulations
(Register 91, No. 8).
10. Change without regulatory effect amending
section filed 2-4-91 pursuant to section 100, title 1, California Code of
Regulations (Register 91, No. 11).
11. New subsection and
renumbering of subsections 46 through 50 to subsections 47 through 53 filed
1-7-91; operative 2-2-91 pursuant to Government Code section
11346.1(d)
(Register 91, No. 12).
12. Change without regulatory effect amending
lettering and correcting cross- references filed 5-28-91 pursuant to section
100, title 1, California Code of Regulations (Register 91, No.
28).
13. Editorial correction of printing error in HISTORY 11
replacing correct wording (Register 91, No. 28).
14. Editorial
correction of printing error in NOTE (Register 91, No. 32).
15. New
subsections (c)(11)-(c)(11)(C), (e)(2) and (e)(4), subsection renumbering, and
amendment of Note filed 6-15-93; operative 7-15-93 (Register 93, No.
25).
16. Amendment of section and Note filed 1-31-97 as an
emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance
must be transmitted to OAL by 6-2-97 or emergency language will be repealed by
operation of law on the following day.
17. Amendment of subsection
(g)(1) and Note filed 5-14-97; operative 6-13-97 (Register 97, No.
20).
18. New subsection (p)(3) and subsection renumbering filed
5-15-97; operative 6-15-97 (Register 97, No. 20).
19. Amendment of
section and Note refiled 5-21-97 as an emergency; operative 6-1-97 (Register
97, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-29-97
or emergency language will be repealed by operation of law on the following
day.
20. Amendment of section and Note refiled 9-29-97 as an
emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance
must be transmitted to OAL by 1-27-98 or emergency language will be repealed by
operation of law on the following day.
21. Editorial correction of
subsection (a)(3) (Register 98, No. 5).
22. Amendment of section and
Note refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A
Certificate of Compliance must be transmitted to OAL by 5-27-98 or emergency
language will be repealed by operation of law on the following
day.
23. Certificate of Compliance as to 1-26-98 order transmitted
to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
24.
Amendment of section and Note refiled 3-23-98 as an emergency; operative
3-23-98 (Register 98, No. 13). A Certificate of Compliance must be transmitted
to OAL by 7-21-98 or emergency language will be repealed by operation of law on
the following day.
25. New subsection (c)(8), subsection
renumbering, and amendment of Note filed 6-24-98; operative 7-1-98 pursuant to
Government Code section
11343.4(d)
(Register 98, No. 26).
26. Certificate of Compliance as to 3-23-98
order, including further amendment of section and Note, transmitted to OAL
7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98
(Register 98, No. 36).
27. New subsection (d)(3) and subsection
renumbering filed 11-12-98; operative 12-12-98 (Register 98, No.
46).
28. Amendment of subsection (a)(8), new subsections (c)(4) and
(d)(1), subsection renumbering, and amendment of Note filed 9-22-99 as an
emergency; operative 9-22-99 (Register 99, No. 39). A Certificate of Compliance
must be transmitted to OAL by 3-20-2000 or emergency language will be repealed
by operation of law on the following day.
29. Amendment of
subsection (a)(8), new subsections (c)(4) and (d)(1), subsection renumbering,
and amendment of Note refiled 3-9-2000 as an emergency; operative 3-22-2000
(Register 2000, No. 10). A Certificate of Compliance must be transmitted to OAL
by 9-18-2000 or emergency language will be repealed by operation of law on the
following day.
30. New subsection (c)(9) and subsection renumbering
filed 5-23-2000 as an emergency; operative 6-1-2000 (Register 2000, No. 21). A
Certificate of Compliance must be transmitted to OAL by 9-29-2000 or emergency
language will be repealed by operation of law on the following
day.
31. Certificate of Compliance as to 3-9-2000 order transmitted
to OAL 4-12-2000 and filed 5-24-2000 (Register 2000, No. 21).
32.
Certificate of Compliance as to 5-23-2000 order transmitted to OAL 9-18-2000
and filed 10-16-2000 (Register 2000, No. 42).
33. Change without
regulatory effect amending subsection (e)(2) and Note filed 11-8-2000 pursuant
to section 100, title 1, California Code of Regulations (Register 2000, No.
45).
34. New subsection (a)(10) and amendment of Note filed
8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
35. Amendment
of subsection (u)(1)(B)3. and amendment of Note filed 8-9-2002; operative
9-8-2002 (Register 2002, No. 32).
36. Amendment of section and Note
filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29). A
Certificate of Compliance must be transmitted to OAL by 11-13-2003 or emergency
language will be repealed by operation of law on the following
day.
37. Amendment of section and Note refiled 11-12-2003 as an
emergency; operative 11-12-2003 (Register 2003, No. 46). A Certificate of
Compliance must be transmitted to OAL by 3-11-2004 or emergency language will
be repealed by operation of law on the following day.
38. Amendment
of section and Note refiled 3-11-2004 as an emergency; operative 3-11-2004
(Register 2004, No. 11). A Certificate of Compliance must be transmitted to OAL
by 7-9-2004 or emergency language will be repealed by operation of law on the
following day.
39. Certificate of Compliance as to 3-11-2004 order,
including further amendment of section, transmitted to OAL 7-9-2004 and filed
8-20-2004 (Register 2004, No. 34).
40. Amendment of first paragraph
and subsection (a)(4), repealer of subsections (a)(5)-(6), subsection
renumbering and renumbering of definition of "Urgent Care" from (u)(2) to
(u)(3) filed 12-13-2006; operative 1-12-2007 (Register 2006, No.
50).
41. Amendment of subsection (a)(5) and new subsections
(a)(5)(A)-(B) and amendment of Note filed 7-31-2009; operative 8-30-2009
(Register 2009, No. 31).
42. Amendment of first paragraph, repealer
of subsection (c)(6) and subsection renumbering filed 2-6-2012; operative
3-7-2012 (Register 2012, No. 6).
43. Change without regulatory
effect amending first paragraph and subsections (a)(4) and (i)(3), repealing
subsection (s)(4), renumbering subsections and amending Note filed 1-5-2016
pursuant to section 100, title 1, California Code of Regulations (Register
2016, No. 2).
44. New subsections (l)(1) and (s)(1),
subsection renumbering and amendment of Note filed 2-9-2017 as an emergency;
operative 2-9-2017 (Register 2017, No. 6). A Certificate of Compliance must be
transmitted to OAL by 8-8-2017 or emergency language will be repealed by
operation of law on the following day.
45. Change without regulatory
effect adopting new subsections (m)(1) and (s)(1), renumbering subsections and
amending Note filed 5-2-2017 pursuant to section 100, title 1, California Code
of Regulations (Register 2017, No. 18).
46. Certificate of
Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017
(Register 2017, No. 37).
47. Change without regulatory effect
amending first paragraph filed 9-14-2021 pursuant to section 100, title 1,
California Code of Regulations (Register
2021, No. 38). Filing deadline specified in Government Code
section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order N-71-20.