CHAPTER 3.2. Residential Care Facilities for the Elderly [1569. - 1569.889.]

Heading of Chapter 3.2 renumbered from Chapter 3.3 (as added by Stats. 1985, Ch. 1127) by Stats. 1988, Ch. 160, Sec. 91.

§§ 1569–1569.889 · 166 sections

1. ARTICLE 1. General Provisions §§ 1569–1569.5 · 6 sections

   • § 1569 This chapter shall be known and may be cited as the California Residential Care Facilities for the Elderly Act.
   • § 1569.1 The Legislature hereby finds and declares: (a) The Legislature has taken steps in recent years to develop a continuum of long-term social and health support…
   • § 1569.2 As used in this chapter: (a) “Administrator” means the individual designated by the licensee to act on behalf of the licensee in the overall management of the…
   • § 1569.3 The license of any facility licensed as a residential facility for the elderly under the California Community Care Facilities Act provided for in Chapter 3…
   • § 1569.4 (a) Beginning May 1, 2021, and annually thereafter, the department shall collect information and send a report to each county’s department of mental health or…
   • § 1569.5 (a) The director shall adopt regulations authorizing residential care facilities for the elderly, as defined in Section 1569.2, to fill unused capacity on a…
2. ARTICLE 2. Licensing §§ 1569.10–1569.24 · 37 sections

   • § 1569.10 No person, firm, partnership, association, or corporation within the state and no state or local public agency shall operate, establish, manage, conduct, or…
   • § 1569.11 The department shall inspect and license residential care facilities for the elderly. A license is not transferable.
   • § 1569.12 The department may provide consulting services upon request to any residential care facility for the elderly to assist in the identification or correction of…
   • § 1569.13 (a) The department may contract for state, county, or other public agencies to assume specified licensing, approval, or consultation responsibilities. In…
   • § 1569.14 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,…
   • § 1569.145 This chapter shall not apply to any of the following: (a) A health facility, as defined by Section 1250. (b) A clinic, as defined by Section 1200. (c) A…
   • § 1569.147 (a) Nothing in this chapter authorizes the imposition of rent regulations or controls for licensed residential care facilities for the elderly. (b) Licensed…
   • § 1569.149 A prospective applicant for licensure shall be notified at the time of the initial request for information regarding application for licensure that, prior to…
   • § 1569.15 (a) Any person, entity, or agent signing on behalf of an entity, seeking a license for a residential care facility for the elderly under this chapter shall…
   • § 1569.150 (a) The department and the licensing agencies with which it contracts for licensing shall review and make a final determination within 60 days of an…
   • § 1569.151 Upon receipt of an application to operate a residential care facility for the elderly from an applicant who is also applying or intends to apply for a permit…
   • § 1569.1515 (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,…
   • § 1569.152 (a) A residential care facility for the elderly, as defined in Section 1569.2, which fails to make reasonable efforts to safeguard resident property shall…
   • § 1569.153 A theft and loss program shall be implemented by the residential care facilities for the elderly within 90 days after January 1, 1989. The program shall…
   • § 1569.154 No provision of a contract of admission, which includes all documents which a resident or his or her representative is required to sign at the time of, or as a…
   • § 1569.155 Upon initial licensure, residential care facilities for the elderly shall be provided a printed copy of all applicable regulations by the department, without…
   • § 1569.156 (a) A residential care facility for the elderly shall do all of the following: (1) Not condition the provision of care or otherwise discriminate based on…
   • § 1569.157 (a) Every licensed residential care facility for the elderly, at the request of two or more residents, shall assist the residents in establishing and…
   • § 1569.158 (a) A residential care facility for the elderly shall not prohibit the formation of a family council. If requested by a member of the resident’s family or the…
   • § 1569.159 The State Department of Social Services shall provide to residential care facilities for the elderly a form, which the residential care facility for the…
   • § 1569.16 (a) (1) If an application for a license indicates, or the department determines during the application review process, that the applicant previously was issued…
   • § 1569.17 The Legislature recognizes the need to generate timely and accurate positive fingerprint identification of applicants as a condition of issuing licenses,…
   • § 1569.171 Prior to issuance to any person of a certificate of completion of the administrator certification program pursuant to Section 1569.616, the department shall…
   • § 1569.172 The Department of Justice may charge a fee sufficient to cover its cost in providing services in accordance with Section 1569.17 to comply with the 14-day…
   • § 1569.175 (a) In addition to any other requirements of this chapter, any residential care facility for the elderly providing residential care for six or fewer persons at…
   • § 1569.185 (a) (1) An application fee adjusted by facility and capacity shall be charged by the department for the issuance of a license to operate a residential care…
   • § 1569.19 A license shall be forfeited by operation of law prior to its expiration date when one of the following occurs: (a) The licensee sells or otherwise transfers…
   • § 1569.191 (a) Notwithstanding Section 1569.19, in the event of a sale of a licensed facility where the sale will result in a new license being issued, the sale and…
   • § 1569.192 (a) A licensee of a residential care facility for the elderly may request inactive license status for either of the following: (1) If the facility is…
   • § 1569.193 (a) When a licensee dies, an adult relative, or other nonrelated adult, who has control of the property may be designated as the responsible party to continue…
   • § 1569.194 (a) Every residential care facility for the elderly that is licensed or has a valid special permit therefor pursuant to Section 1569.10 shall provide a copy of…
   • § 1569.20 Upon the filing of the application for issuance of an initial license, the department shall, within five working days of the filing, make a determination…
   • § 1569.21 The director may issue provisional licenses to operate residential care facilities for the elderly for the facilities which the director determines are in…
   • § 1569.22 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…
   • § 1569.23 (a) As a requirement for licensure, the applicant shall demonstrate that he or she has successfully completed a certification program approved by the…
   • § 1569.235 As a requirement for licensure, the applicant shall attend an orientation given by the department which outlines the applicable rules and regulations, and the…
   • § 1569.24 Within 90 days after a facility accepts its first resident for placement following its initial licensure, the department shall inspect the facility to evaluate…
3. ARTICLE 2.5. Resident’s Bill of Rights §§ 1569.261–1569.269 · 4 sections

   • § 1569.261 (a) It is the intent of the Legislature in enacting this article to adopt fundamental rights for all persons residing in a residential care facility for the…
   • § 1569.265 (a) Rights and liberties set forth in this article do not diminish a resident’s constitutional rights or any other rights set forth in other state or federal…
   • § 1569.267 (a) At admission, a facility staff person shall personally advise a resident and the resident’s representative of, and give a complete written copy of, the…
   • § 1569.269 (a) Residents of residential care facilities for the elderly shall have all of the following rights: (1) To be accorded dignity in their personal relationships…
4. ARTICLE 2.7. Firearms, Ammunition, and Deadly Weapons §§ 1569.280–1569.284 · 5 sections

   • § 1569.280 (a) This article shall be known, and may be cited, as the Keep Our Seniors Safe Act. (b) This article does not require a facility to accept, store, or retain…
   • § 1569.281 As used in this article, the following terms have the following meanings: (a) “Firearm” means a device, designed to be used as a weapon, from which is expelled…
   • § 1569.282 A licensee that permits residents to possess firearms on the facility premises shall do all of the following: (a) Accept and centrally store a resident’s…
   • § 1569.283 (a) A licensee shall not accept, retain, or store any deadly weapon, as defined in Section 1569.281, of a resident or licensee. (b) A licensee shall not…
   • § 1569.284 The acceptance or storage of a resident’s firearm by a licensee at a facility in accordance with this article, or the retention and storage of a licensee’s…
5. ARTICLE 3. Regulations §§ 1569.30–1569.39 · 26 sections

   • § 1569.30 (a) The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the…
   • § 1569.31 The regulations for a license shall prescribe standards of safety and sanitation for the physical plant and standards for basic care and supervision, personal…
   • § 1569.311 Every residential care facility for the elderly shall have one or more carbon monoxide detectors in the facility that meet the standards established in Chapter…
   • § 1569.312 Every facility required to be licensed under this chapter shall provide at least the following basic services: (a) Care and supervision as defined in Section…
   • § 1569.313 Each residential care facility for the elderly shall state, on its client information form or admission agreement, and on its patient’s rights form, the…
   • § 1569.314 A residential care facility for the elderly shall not require residents to purchase medications, or rent or purchase medical supplies or equipment, from any…
   • § 1569.315 Each residential care facility for the elderly required to be licensed pursuant to this chapter shall keep a current record of clients in the facility,… see note
   • § 1569.316 (a) The referring agency or facility, or its designee, shall provide to the administrator all information in its possession concerning any history of dangerous…
   • § 1569.317 Every residential care facility for the elderly, as defined in Section 1569.2, shall, for the purpose of addressing issues that arise when a resident is…
   • § 1569.318 Every residential care facility for the elderly shall abide by the provisions of the Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’…
   • § 1569.319 (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…
   • § 1569.32 Any duly authorized officer, employee, or agent of the department may, upon presentation of proper identification, enter and inspect any place providing…
   • § 1569.33 (a) Every licensed residential care facility for the elderly shall be subject to unannounced inspections by the department. The department shall inspect these…
   • § 1569.331 The Legislature hereby finds and declares that in order to protect the health and safety of elders in care at residential care facilities for the elderly,…
   • § 1569.335 (a) The department shall provide the Office of the State Long-Term Care Ombudsman, as defined in subdivision (c) of Section 9701 of the Welfare and…
   • § 1569.34 The director shall have the authority to contract for personal services as required in order to perform inspections of, or consultation with, residential care…
   • § 1569.345 Upon request, the department shall provide the Office of the State Long-Term Care Ombudsman and any approved organizations of the office with copies of…
   • § 1569.35 (a) Any person may request an investigation of a residential care facility for the elderly in accordance with this chapter by making a complaint to the…
   • § 1569.351 (a) The department shall ensure that the licensee’s plan of correction is verifiable and measurable. The plan of correction shall specify what evidence is…
   • § 1569.355 The director shall establish an automated license information system on licensees and former licensees of licensed residential care facilities for the elderly.…
   • § 1569.356 To the extent that the department’s computer system can electronically accommodate additional residential care facility for the elderly profile information,…
   • § 1569.36 (a) Not less than 30 days prior to the expiration date of any residential care facility for the elderly license, the department shall transmit a copy to the…
   • § 1569.37 No licensee, or officer or employee of the licensee, shall discriminate or retaliate in any manner, including, but not limited to, eviction or threat of…
   • § 1569.371 (a) No licensee, or officer or employee of the licensee, shall discriminate or retaliate in any manner against any person receiving the services of the…
   • § 1569.38 (a) Each residential care facility for the elderly shall place in a conspicuous place copies of all licensing reports issued by the department within the…
   • § 1569.39 (a) A residential care facility for the elderly that accepts or retains residents with prohibited health conditions, as defined by the department, in Section…
6. ARTICLE 4. Offenses §§ 1569.40–1569.495 · 16 sections

   • § 1569.40 (a) Any person who violates this chapter, or who willfully or repeatedly violates any rule or regulation adopted under this chapter, is guilty of a misdemeanor…
   • § 1569.405 Upon a finding by the licensing authority that a facility is in operation without a license, a peace officer, as defined in Chapter 4.5 (commencing with…
   • § 1569.406 Any person who, without lawful authorization from a duly authorized officer, employee, or agent of the department, informs an owner, operator, employee, agent,…
   • § 1569.41 The director may bring an action to enjoin the violation or threatened violation of Section 1569.10 or 1569.44, or both, in the superior court in and for the…
   • § 1569.42 Any action brought by the director against a residential care facility for the elderly shall not abate by reason of a sale or other transfer of ownership of…
   • § 1569.43 Notwithstanding any other provisions of this chapter, the district attorney of every county, and city attorneys in those cities which have city attorneys which…
   • § 1569.44 (a) A facility shall be deemed to be an “unlicensed residential care facility for the elderly” and “maintained and operated to provide residential care” if it…
   • § 1569.45 A facility shall be licensed as a residential care facility for the elderly if it offers care and supervision, as defined, to its residents. Every residential…
   • § 1569.46 Operation of an unlicensed facility shall be an act of unfair competition and an unfair business practice within the meaning of Chapter 5 (commencing with…
   • § 1569.47 (a) “Placement agency” means any county welfare department, county social service department, county mental health department, county public guardian, general…
   • § 1569.48 An emergency resident contingency account may be established within the Technical Assistance Fund established under Section 1523.2 to which not more than 50…
   • § 1569.481 (a) (1) It is the intent of the Legislature in enacting this section to authorize the department to take quick, effective action to protect the health and…
   • § 1569.482 (a) It is the intent of the Legislature in enacting this section to authorize the department to take quick, effective action to protect the health and safety…
   • § 1569.485 (a) Notwithstanding any other provision of this chapter, any person who violates Section 1569.10 or 1569.44, or both, shall be assessed by the department an…
   • § 1569.49 (a) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department shall levy civil penalties as…
   • § 1569.495 The civil, criminal, and administrative remedies available to the department pursuant to this article are not exclusive, and may be sought and employed in any…
7. ARTICLE 5. Suspension and Revocation §§ 1569.50–1569.545 · 11 sections

   • § 1569.50 (a) The department may deny an application for a license or may suspend or revoke a license issued under this chapter upon any of the following grounds and in…
   • § 1569.51 (a) Proceedings for the suspension, revocation, or denial of a license under this chapter shall be conducted in accordance with the provisions of Chapter 5…
   • § 1569.510 (a) The department shall conduct an unannounced visit to a facility within 30 days after the effective date of a temporary suspension of a license in order to…
   • § 1569.511 (a) The administrative law judge conducting a hearing under this article may permit the testimony of a child witness, or a similarly vulnerable witness,…
   • § 1569.512 (a) (1) An out-of-court statement made by a minor under 12 years of age who is the subject or victim of an allegation at issue is admissible evidence at an…
   • § 1569.515 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…
   • § 1569.52 The withdrawal of an application for a license after it has been filed with the department shall not, unless the department consents in writing to such…
   • § 1569.525 (a) If the director determines that it is necessary to temporarily suspend or to revoke any license of a residential care facility for the elderly in order to…
   • § 1569.53 Any license suspended or revoked pursuant to this chapter may be reinstated pursuant to Section 11522 of the Government Code. Whenever a license issued under…
   • § 1569.54 (a) (1) When the department does not suspend the license of a residential care facility for the elderly pursuant to this article, the department may still…
   • § 1569.545 (a) For purposes of this section, “suspension of new admissions” means a prohibition on admitting new residents to receive care or services in the facility.…
8. ARTICLE 5.5. Employee Actions §§ 1569.58–1569.595 · 3 sections

   • § 1569.58 (a) The department may prohibit any person from being a licensee, owning a beneficial ownership interest of 10 percent or more in a licensed facility, or being…
   • § 1569.59 (a) (1) If the department determines that a person was issued a license under this chapter, Chapter 1 (commencing with Section 1200), Chapter 2 (commencing…
   • § 1569.595 The department shall conduct an unannounced visit to a facility within 30 days after the department serves an order of immediate exclusion from the facility…
9. ARTICLE 6. Other Provisions §§ 1569.60–1569.696 · 31 sections

   • § 1569.60 (a) The director shall require as a condition precedent to the issuance of any license for a residential care facility for the elderly, if the licensee handles…
   • § 1569.601 The director may grant a partial or total variance from the bonding requirements of Section 1569.60 for any residential care facility for the elderly if he or…
   • § 1569.605 On and after July 1, 2015, all residential care facilities for the elderly, except those facilities that are an integral part of a continuing care retirement…
   • § 1569.61 The department shall develop and maintain at each district office a file for each facility in that district, containing all documents regarding the facility…
   • § 1569.613 Any person who becomes an administrator of a residential care facility for the elderly on or after January 1, 1992, shall, at a minimum, comply with all of the…
   • § 1569.616 (a) (1) An administrator of a residential care facility for the elderly shall successfully complete a department-approved administrator certification training…
   • § 1569.617 (a) (1) There is hereby created in the State Treasury, the Certification Fund from which moneys, upon appropriation of the Legislature, shall be expended by…
   • § 1569.618 (a) The administrator designated by the licensee pursuant to paragraph (11) of subdivision (a) of Section 1569.15 shall be present at the facility during…
   • § 1569.62 (a) The director shall ensure that licensees, administrators, and staff of residential care facilities for the elderly have appropriate training to provide the…
   • § 1569.625 (a) The Legislature finds that the quality of services provided to residents of residential care facilities for the elderly is dependent upon the training and…
   • § 1569.626 (a) All residential care facilities for the elderly shall meet the following training requirements, as described in Section 1569.625, for all direct care…
   • § 1569.627 Any residential care facility for the elderly that advertises or promotes special care, special programming, or a special environment for persons with dementia…
   • § 1569.628 A licensee of a residential care facility for the elderly that advertises or promotes special care, programming, or environments for persons with a health…
   • § 1569.63 The director shall insure that licensing personnel at the department have appropriate training to properly carry out this chapter.
   • § 1569.64 The department shall institute a staff development and training program within the organization structure to develop among staff the knowledge and…
   • § 1569.65 (a) On or before January 1, 1987, the department shall publish a comprehensive consumer guideline brochure to assist persons in the evaluation and selection of…
   • § 1569.651 (a) A licensee of a residential care facility for the elderly shall not require any form of preadmission fee or deposit from a recipient under the State…
   • § 1569.652 (a) A residential care facility for the elderly shall not require advance notice for terminating an admission agreement upon the death of a resident. No fees…
   • § 1569.655 (a) If a licensee of a residential care facility for the elderly increases the rates of fees for residents or makes increases in any of its rate structures for…
   • § 1569.657 (a) For any rate increase due to a change in the level of care of the resident, the licensee shall provide the resident and the resident’s representative, if…
   • § 1569.658 (a) On or before January 31 of each year, the licensee of a licensed residential care facility for the elderly shall prepare a document disclosing its average…
   • § 1569.66 At least annually, the director shall publish and make available to interested persons a list or lists covering all licensed residential care facilities for…
   • § 1569.67 (a) The department shall develop a written notice for the purpose of informing any individual who requests information regarding admission to a residential…
   • § 1569.68 All residential care facilities shall be required to include their current license number in any public advertisement or correspondence.
   • § 1569.681 (a) Each residential care facility for the elderly licensed under this chapter shall reveal its license number in all advertisements, publications, or…
   • § 1569.682 (a) A licensee of a licensed residential care facility for the elderly shall, prior to transferring a resident of the facility to another facility or to an…
   • § 1569.683 (a) In addition to complying with other applicable regulations, a licensee of a residential care facility for the elderly who sends a notice of eviction to a…
   • § 1569.686 (a) A licensee shall notify the department, the State Long-Term Care Ombudsman, all residents, and, if applicable, their legal representatives, in writing,…
   • § 1569.69 (a) Each residential care facility for the elderly licensed under this chapter shall ensure that each employee of the facility who assists residents with the…
   • § 1569.695 (a) In addition to any other requirement of this chapter, a residential care facility for the elderly shall have an emergency and disaster plan that shall…
   • § 1569.696 (a) All residential care facilities for the elderly shall provide training to direct care staff on postural supports, restricted conditions or health services,…
10. ARTICLE 6.6. Secured Perimeters §§ 1569.698–1569.7 · 4 sections

    • § 1569.698 (a) The State Fire Marshal has proposed that the California Building Standards Commission adopt building standards to provide for locked and secured perimeters…
    • § 1569.699 (a) When approved by the person responsible for enforcement, as described in Section 13146, exit doors in facilities classified as Group R, Division 2…
    • § 1569.6991 On and after January 1, 1999, no security window bars may be installed or maintained on any residential care facility for the elderly unless the security…
    • § 1569.7 Residential care facilities for the elderly that serve residents with Alzheimer’s disease and other forms of major neurocognitive disorder should include…
11. ARTICLE 7. Levels of Care §§ 1569.70–1569.74 · 6 sections

    • § 1569.70 It is the intent of the Legislature to develop and implement a plan to establish three levels of care under the residential care facility for the elderly…
    • § 1569.71 In consultation with the State Fire Marshal the department shall develop and expedite implementation of regulations related to nonambulatory persons that…
    • § 1569.72 (a) Except as otherwise provided in subdivision (d), no resident shall be admitted or retained in a residential care facility for the elderly if any of the…
    • § 1569.725 (a) A residential care facility for the elderly may permit incidental medical services to be provided through a home health agency, licensed pursuant to…
    • § 1569.73 (a) Notwithstanding Section 1569.72 or any other provision of law, a residential care facility for the elderly may obtain a waiver from the department for the…
    • § 1569.74 (a) Licensed residential care facilities for the elderly that employ health care providers may establish policies to honor a request to forego resuscitative…
12. ARTICLE 7.5. Resident Participation in Decisionmaking § 1569.80 · 1 section

    • § 1569.80 (a) A resident of a residential care facility for the elderly, or the resident’s representative, or both, shall have the right to participate in decisionmaking…
13. ARTICLE 8. Local Regulation §§ 1569.82–1569.87 · 6 sections

    • § 1569.82 The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development of sufficient numbers…
    • § 1569.83 Any person licensed under this chapter who operates, or proposes to operate a residential care facility for the elderly, the department or other public agency…
    • § 1569.84 A residential care facility for the elderly, which serves six or fewer persons shall not be subject to any business taxes, local registration fees, use permit…
    • § 1569.85 (a) Whether or not unrelated persons are living together, a residential care facility for the elderly that serves six or fewer persons shall be considered a…
    • § 1569.86 No fire inspection clearance or other permit, license, clearance, or similar authorization shall be denied to a residential care facility for the elderly…
    • § 1569.87 For the purposes of any contract, deed, or covenant for the transfer of real property executed on or after January 1, 1979, a residential facility for the…
14. ARTICLE 9. Admission Agreements §§ 1569.880–1569.889 · 10 sections

    • § 1569.880 (a) For purposes of this section, an “admission agreement” includes all documents that a resident or his or her representative must sign at the time of, or as…
    • § 1569.881 (a) Every residential care facility for the elderly shall make blank complete copies of its admission agreement available to the public immediately, subject to…
    • § 1569.882 (a) The admission agreement shall be printed in black type of not less than 12-point type size, on plain white paper. The print shall appear on one side of the…
    • § 1569.883 (a) The admission agreement shall not include unlawful waivers of facility liability for the health and safety or personal property of residents. (b) The…
    • § 1569.884 The admission agreement shall include all of the following: (a) A comprehensive description of any items and services provided under a single fee, such as a…
    • § 1569.885 (a) When referring to a resident’s obligation to observe facility rules, the admission agreement shall indicate that the rules must be reasonable, and that…
    • § 1569.886 (a) The admission agreement shall not include any ground for involuntary transfer or eviction of the resident unless those grounds are specifically enumerated…
    • § 1569.887 (a) The admission agreement shall be signed and dated, acknowledging the contents of the document, by the resident or the resident’s representative. (b) The…
    • § 1569.888 (a) The requirements of this article relating to admission agreements for residential care facilities for the elderly are intended to be in addition to, and…
    • § 1569.889 (a) The personal rights form made available by the department’s Community Care Licensing Division to residential care facilities for the elderly shall include…