BlackletterCalifornia law

CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness [1568.01. - 1568.099]

Chapter 3.01 added by Stats. 1990, Ch. 1333, Sec. 1.5.

§§ 1568.01–1568.099 · 49 sections

  1. ARTICLE 1. General Provisions §§ 1568.01–1568.094 · 44 sections
    • § 1568.01 For purposes of this chapter, the following definitions shall apply: (a) “Activities of daily living” means housework, meals, laundry, taking medication, money…
    • § 1568.02 (a) (1) The department shall license residential care facilities for persons with chronic, life-threatening illness under a separate category. (2) A…
    • § 1568.021 (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…
    • § 1568.023 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…
    • § 1568.03 (a) No person, firm, partnership, association, or corporation within the state and no state or local public agency shall operate, establish, manage, conduct,…
    • § 1568.04 Any person desiring issuance of a license for a residential care facility under this chapter shall file with the department, pursuant to regulations adopted by…
    • § 1568.041 (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…
    • § 1568.042 (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,…
    • § 1568.043 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…
    • § 1568.044 (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…
    • § 1568.05 (a) (1) An application fee adjusted by facility and capacity, shall be charged by the department for a license to operate a residential care facility for…
    • § 1568.06 (a) Upon initial application for licensure, residential care facilities shall be provided a printed copy of all applicable regulations for the operation of…
    • § 1568.061 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…
    • § 1568.062 (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…
    • § 1568.063 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…
    • § 1568.064 (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…
    • § 1568.065 (a) Proceedings for the suspension, revocation, or denial of a license under this chapter shall be conducted in accordance with Chapter 5 (commencing with…
    • § 1568.0651 (a) The administrative law judge conducting a hearing under this article may permit the testimony of a child witness, or a similarly vulnerable witness,…
    • § 1568.0652 (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…
    • § 1568.067 (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…
    • § 1568.068 (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…
    • § 1568.069 (a) A licensee of a residential care facility for persons with chronic, life-threatening illness may request inactive license status for either of the…
    • § 1568.07 (a) (1) Within 90 days after a facility accepts its first resident for placement following its initial licensure, the department shall conduct an unannounced…
    • § 1568.071 (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…
    • § 1568.0715 (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…
    • § 1568.072 (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…
    • § 1568.073 (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…
    • § 1568.074 (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…
    • § 1568.075 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…
    • § 1568.08 Each facility required to be licensed under this chapter shall keep a current record of all of the following: (a) Residents in the facility, including each…
    • § 1568.081 (a) A placement agency shall place individuals only in licensed residential care facilities or facilities which are exempt from licensure under subdivision (c)…
    • § 1568.082 (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:…
    • § 1568.0821 (a) Notwithstanding any other provision of this chapter, any person who violates Section 1568.03 shall be assessed by the department an immediate civil penalty…
    • § 1568.0822 (a) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department shall levy civil penalties as…
    • § 1568.0823 (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…
    • § 1568.0824 A person who, without lawful authorization from a duly authorized officer, employee, or agent of the department, informs an owner, operator, employee, agent,…
    • § 1568.0825 (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…
    • § 1568.083 (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…
    • § 1568.0831 (a) (1) Whether or not unrelated persons are living together, a residential care facility that serves six or fewer persons shall be considered a residential…
    • § 1568.0832 (a) (1) For purposes of this section, “bedridden” means requiring assistance in turning and repositioning in bed or being unable to independently transfer to…
    • § 1568.09 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…
    • § 1568.092 (a) The department may prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee or a licensee from…
    • § 1568.093 (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…
    • § 1568.094 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…
  2. ARTICLE 2. Firearms, Ammunition, and Deadly Weapons §§ 1568.095–1568.099 · 5 sections
    • § 1568.095 (a) This article does not require a facility to accept, store, or retain firearms or ammunition. (b) The department shall promulgate regulations to implement…
    • § 1568.096 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…
    • § 1568.097 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…
    • § 1568.098 (a) A licensee shall not accept, retain, or store any deadly weapon, as defined in Section 1568.096, of a resident or licensee. (b) A licensee shall not…
    • § 1568.099 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 resident’s…