Bill Text: CA AB601 | 2015-2016 | Regular Session | Chaptered
Bill Title: Residential care facilities for the elderly: licensing and regulation.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2015-10-08 - Chaptered by Secretary of State - Chapter 628, Statutes of 2015. [AB601 Detail]
Download: California-2015-AB601-Chaptered.html
BILL NUMBER: AB 601 CHAPTERED
BILL TEXT
CHAPTER 628
FILED WITH SECRETARY OF STATE OCTOBER 8, 2015
APPROVED BY GOVERNOR OCTOBER 8, 2015
PASSED THE SENATE SEPTEMBER 2, 2015
PASSED THE ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN SENATE JUNE 29, 2015
AMENDED IN SENATE JUNE 24, 2015
AMENDED IN ASSEMBLY APRIL 23, 2015
INTRODUCED BY Assembly Member Eggman
(Principal coauthor: Assembly Member Brown)
(Coauthors: Assembly Members Calderon and Mark Stone)
(Coauthor: Senator Block)
FEBRUARY 24, 2015
An act to amend Sections 1569.2, 1569.15, 1569.16, 1569.50,
1569.58, and 1569.618 of, and to add Section 1569.356 to, the Health
and Safety Code, relating to health facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 601, Eggman. Residential care facilities for the elderly:
licensing and regulation.
Existing law, the California Residential Care Facilities for the
Elderly Act, provides for the licensure of residential care
facilities for the elderly by the State Department of Social
Services. Existing law requires any person seeking a license for a
residential care facility for the elderly to file an application with
the department, as specified. Among other required application
information, if the applicant is a firm, association, organization,
partnership, business trust, corporation, or company, evidence of
reputable and responsible character is required to be submitted as to
the members or shareholders thereof, and the person in charge of the
residential care facility for the elderly for which the application
for issuance of license or special permit is made.
This bill would, among other things, additionally require the
applicant to disclose specified information, including whether it is
a for-profit or not-for-profit provider, the name, address, and
license number of other health, residential, or community care
facilities owned, managed, or operated by the same applicant or by
any parent organization of the applicant, and the name and address of
any person, organization, or entity that owns the real property in
which specified facilities are located. The bill would require an
applicant to provide additional information, including evidence of
the right of possession of the facility prior to the time the license
is granted. The bill would also require the department to
cross-check specified applicant information, if electronically
available, with the State Department of Public Health to determine if
the applicant has a prior history of operating, holding a position
in, or having ownership in, specified licensed facilities. The bill
would require the information specified in these provisions to be
provided to the department upon initial application for licensure,
and any change in the information to be provided within 30 calendar
days of the change, except as specified. The bill would authorize the
department to assess an immediate civil penalty of $1,000 for a
violation of these provisions subsequent to licensure.
Existing law requires the Director of Social Services to establish
an automated license information system on licensees and former
licensees of licensed residential care facilities for the elderly.
The system is required to maintain a record of any information that
may be pertinent for licensure.
This bill would require, to the extent that the department's
computer system can electronically accommodate additional
information, the department to post on its Internet Web site
specified information, including the current name, business address,
and telephone number of the licensee.
Existing law authorizes the department to deny any application for
a license to operate a residential care facility for the elderly or
to suspend or revoke a license on certain grounds, including, but not
limited to, a violation by the licensee of applicable provisions or
of the rules and regulations adopted under those provisions, conduct
that is inimical to the health, morals, welfare, or safety of either
an individual in or receiving services from the facility or the
people of the state, or engaging in acts of financial malfeasance
concerning the operation of a facility.
This bill would authorize those remedies to be applied if the
department finds that specified persons or entities, including any
employee, administrator, partner, officer, director, member, or
manager of the applicant or licensee, has engaged in any of those
conducts relating to specified licensed facilities in California or
any other state. The bill would also authorize the department to deny
an application for licensure or to subsequently revoke a license if
the applicant knowingly withheld material information, made a false
statement of material fact with regard to information that was
required by the application for licensure, or did not disclose
administrative disciplinary actions on the application as required.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1569.2 of the Health and Safety Code is amended
to read:
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 facility. The licensee, if an individual, and the
administrator may be one and the same person.
(b) "Beneficial ownership interest" means an ownership interest
through the possession of stock, equity in capital or any interest in
the profits of the applicant or licensee or through the possession
of such an interest in other entities that directly or indirectly
hold an interest in the applicant or licensee. The percentage of
beneficial ownership in the applicant or licensee that is held by any
other entity is determined by multiplying the other entities'
percentage of ownership interest at each level.
(c) "Care and supervision" means the facility assumes
responsibility for, or provides or promises to provide in the future,
ongoing assistance with activities of daily living without which the
resident's physical health, mental health, safety, or welfare would
be endangered. Assistance includes assistance with taking
medications, money management, or personal care.
(d) "Chain" means a group of two or more licensees that are
controlled, as defined in this section, by the same persons or
entities.
(e) "Control" means the ability to direct the operation or
management of the applicant or licensee and includes the ability to
exercise control through intermediary or subsidiary entities.
(f) "Department" means the State Department of Social Services.
(g) "Director" means the Director of Social Services.
(h) "Health-related services" mean services that shall be directly
provided by an appropriate skilled professional, including a
registered nurse, licensed vocational nurse, physical therapist, or
occupational therapist.
(i) "Instrumental activities of daily living" means any of the
following: housework, meals, laundry, taking of medication, money
management, appropriate transportation, correspondence, telephoning,
and related tasks.
(j) "License" means a basic permit to operate a residential care
facility for the elderly.
(k) "Parent organization" means an organization in control of
another organization either directly or through one or more
intermediaries.
(l) "Personal activities of daily living" means any of the
following: dressing, feeding, toileting, bathing, grooming, and
mobility and associated tasks.
(m) "Personal care" means assistance with personal activities of
daily living, to help provide for and maintain physical and
psychosocial comfort.
(n) "Protective supervision" means observing and assisting
confused residents, including persons with dementia, to safeguard
them against injury.
(o) (1) "Residential care facility for the elderly" means a
housing arrangement chosen voluntarily by persons 60 years of age or
over, or their authorized representative, where varying levels and
intensities of care and supervision, protective supervision, or
personal care are provided, based upon their varying needs, as
determined in order to be admitted and to remain in the facility.
Persons under 60 years of age with compatible needs may be allowed to
be admitted or retained in a residential care facility for the
elderly as specified in Section 1569.316.
(2) This subdivision shall be operative only until the enactment
of legislation implementing the three levels of care in residential
care facilities for the elderly pursuant to Section 1569.70.
(p) "Residential care facility for the elderly" means a housing
arrangement chosen voluntarily by persons 60 years of age or over, or
their authorized representative, where varying levels and
intensities of care and supervision, protective supervision, personal
care, or health-related services are provided, based upon their
varying needs, as determined in order to be admitted and to remain in
the facility. Persons under 60 years of age with compatible needs
may be allowed to be admitted or retained in a residential care
facility for the elderly as specified in Section 1569.316.
This subdivision shall become operative upon the enactment of
legislation implementing the three levels of care in residential care
facilities for the elderly pursuant to Section 1569.70.
(q) "Sundowning" means a condition in which persons with cognitive
impairment experience recurring confusion, disorientation, and
increasing levels of agitation that coincide with the onset of late
afternoon and early evening.
(r) "Supportive services" means resources available to the
resident in the community that help to maintain their functional
ability and meet their needs as identified in the individual resident
assessment. Supportive services may include any of the following:
medical, dental, and other health care services; transportation;
recreational and leisure activities; social services; and counseling
services.
SEC. 2. Section 1569.15 of the Health and Safety Code is amended
to read:
1569.15. (a) Any person seeking a license for a residential care
facility for the elderly under this chapter shall file with the
department, pursuant to regulations, an application on forms
furnished by the department, that shall include, but not be limited
to, all of the following:
(1) Evidence satisfactory to the department of the ability of the
applicant to comply with this chapter and of rules and regulations
adopted under this chapter by the department.
(2) 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 pursuant to
Section 1569.17, employment history, and character references. If the
applicant is a firm, association, organization, partnership,
business trust, corporation, or company, like evidence shall be
submitted as to the individuals or entities holding a beneficial
ownership interest of 10 percent or more, and the person who has
operational control of the residential care facility for the elderly
for which the application for issuance of license or special permit
is made. Notwithstanding anything in this section, an applicant or
licensee is not required to disclose the names of investors in a
publicly traded company or investment fund if those investors are
silent investors who do not have influence or control over operations
of the company, fund, or facility.
(3) If applicable, the following information:
(A) Whether it is a for-profit or not-for-profit provider.
(B) The name, address, license number, and licensing agency name
of other health, residential, or community care facilities owned,
managed, or operated by the same applicant or by any parent
organization of the applicant.
(C) The name and business address of any person or entity that
controls, as defined in Section 1569.2, the applicant.
(D) If part of a chain, as defined in Section 1569.2, a diagram
indicating the relationship between the applicant and the persons or
entities that are part of the chain, including those that are
controlled by the same parties, and in a separate list, the name,
address, and license number, if applicable, for each person or entity
in the diagram.
(E) The name and address of any persons, organizations, or
entities that own the real property on which the facility seeking
licensure and the licensed facilities described in subparagraph (B)
are located.
(F) The name and address of any management company serving the
facility and the same information required of applicants in
subparagraphs (C) and (D) for the management company.
(4) Evidence satisfactory to the department that the applicant has
sufficient financial resources to maintain the standards of service
required by regulations adopted pursuant to this chapter.
(5) The name of the person with operational control of the
applicant, such as the chief executive officer, general partner,
owner or like party, and state that person's prior or present service
as an administrator, chief executive officer, general partner,
director like role of, or as a person who has held or holds a
beneficial ownership interest of 10 percent or more in, any
residential care facility for the elderly, in any facility licensed
pursuant to Chapter 1 (commencing with Section 1200), Chapter 2
(commencing with Section 1250), or Chapter 3 (commencing with Section
1500), or a similarly licensed facility in California or any other
state within the past 10 years.
(6) The following information regarding the applicant and each
individual or entity identified pursuant to paragraph (5):
(A) Any revocation, suspension, probation, exclusion order, or
other similar administrative disciplinary action that was filed and
sustained in California or any other state, or in the process of
being adjudicated, against a facility associated with a person
identified pursuant to paragraph (5) or by any authority responsible
for the licensing of health, residential, or community care
facilities within the past 10 years.
(B) Copies of final findings, orders, or both, issued by any
health, residential, or community care licensing agency or any court
relevant to the actions described in subparagraph (A).
(C) Any petition for bankruptcy relief filed within five years of
the date of application involving operation or closure of a health,
residential, or community care facility licensed in California or any
other state, the court, date, and case number of the filing, and
whether a discharge was granted. If a discharge was not granted, the
applicant shall provide copies of any court findings supporting
denial of discharge.
(7) Any other information as may be required by the department for
the proper administration and enforcement of this chapter.
(8) Following the implementation of Article 7 (commencing with
Section 1569.70), evidence satisfactory to the department of the
applicant's ability to meet regulatory requirements for the level of
care the facility intends to provide.
(9) Evidence satisfactory to the department of adequate knowledge
of supportive services and other community supports that may be
necessary to meet the needs of elderly residents.
(10) A signed statement that the person desiring issuance of a
license has read and understood the residential care facility for the
elderly statute and regulations.
(11) Designation by the applicant of the individual who shall be
the administrator of the facility, including, if the applicant is an
individual, whether or not the applicant shall also be the
administrator.
(12) Evidence of the right of possession of the facility prior to
the time the license is granted, which may be satisfied by the
submission of a copy of the entire lease agreement or deed.
(13) Evidence of successfully completing a certified prelicensure
education program pursuant to Section 1569.23.
(14) For any facility that promotes or advertises or plans to
promote or advertise special care, special programming, or special
environments for persons with dementia, disclosure to the department
of the special features of the facility in its plan of operation.
(b) The department shall cross-check all applicant information
disclosed pursuant to paragraph (5) of subdivision (a), if
electronically available, with the State Department of Public Health
to determine if the applicant has a prior history of operating,
holding a position in, or having ownership in, any entity specified
in paragraph (5) of subdivision (a).
(c) Failure of the applicant to cooperate with the licensing
agency 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 regulations of the department
has not been provided, or has not been provided in the form requested
by the licensing agency, or both.
(d) The information required by this section shall be provided to
the department upon initial application for licensure, and any 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. A licensee of multiple facilities may provide a
single notice of changes to the department on behalf of all licensed
facilities within the chain. Information pertaining to facilities
operated in other states may be updated on an annual basis, except
for the following information:
(1) Information specified in paragraph (6) of subdivision (a)
shall be updated within 30 calendar days of the change.
(2) Information specified in subparagraph (B) of paragraph (3) of
subdivision (a) shall be updated within six months after the change.
(e) An applicant or licensee shall maintain an email address of
record with the department. The applicant or licensee shall provide
written notification to the department of the email address and of
any change to the email address within 10 business days of the
change.
(f) (1) The department may deny an application for licensure or
may subsequently revoke a license 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.
(2) The department may deny an application for licensure or may
subsequently revoke a license under this chapter if the applicant did
not disclose administrative disciplinary actions on the application
as required by paragraph (6) of subdivision (a).
(3) In addition to the remedies provided under this chapter, the
department may, subsequent to licensure, assess a civil penalty of
one thousand dollars ($1,000) for a material violation of this
section.
SEC. 3. Section 1569.16 of the Health and Safety Code is amended
to read:
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 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 3.01 (commencing with Section 1568.01), 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 have elapsed from the date of the revocation. All
residential care facilities for the elderly are exempt from the
health planning requirements contained in Part 2 (commencing with
Section 127125) of Division 107.
(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 shall 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.
(b) 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 license under any of
the chapters listed in paragraph (1) of subdivision (a) and the
application was denied within the last year, the department shall,
except as provided in Section 1569.22, cease further review of the
application until one year has elapsed from the date of the denial
letter. In those circumstances where denials are appealed and upheld
at an administrative hearing, review of the application shall cease
for one year from the date of the decision and order being rendered
by the department. The cessation of review shall not constitute a
denial of the application. If there are coapplicants and the
department denies a license due to concerns pertaining solely to one
of the coapplicants, any other coapplicant may withdraw its
application, and with the department's written consent pursuant to
Section 1569.52, shall not be deemed to have a license application
denied.
(c) 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:
(1) 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.
(2) 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.
(3) 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.
(d) The cessation of review shall not constitute a denial of the
application for purposes of Section 1526 or any other law.
SEC. 4. Section 1569.356 is added to the Health and Safety Code,
to read:
1569.356. To the extent that the department's computer system can
electronically accommodate additional residential care facility for
the elderly profile information, the department shall post on its
Internet Web site the current name, business address, and telephone
number of the licensee, the name of the owner of the residential care
facility for the elderly, if not the same as the licensee, the name
of any parent organization, the licensed capacity of the facility,
including the capacity for nonambulatory residents, whether the
facility is permitted to accept and retain residents receiving
hospice care services, whether the facility has a special care unit
or program for people with Alzheimer's disease and other dementias
and has a delayed egress or secured perimeter system in place, or
both, and information required pursuant to subparagraph (B) of
paragraph (3) of subdivision (a) of Section 1569.15.
SEC. 5. Section 1569.50 of the Health and Safety Code is amended
to read:
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 the manner provided in this
chapter:
(1) Violation by the licensee of this chapter or of the rules and
regulations adopted under this chapter.
(2) Aiding, abetting, or permitting the violation of this chapter
or of the rules and regulations adopted under this chapter.
(3) Conduct that is inimical to the health, morals, welfare, or
safety of either an individual in or receiving services from the
facility or the people of the State of California.
(4) The conviction of a licensee, or other person mentioned in
Section 1569.17 at any time before or during licensure, of a crime as
defined in Section 1569.17.
(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 for the care of
clients.
(b) The remedies provided in this section may be applied if the
department finds that any employee, administrator, partner, officer,
director, member, or manager of the applicant or licensee, any person
who controls, as defined in Section 1569.2, the licensee, or any
person who holds a beneficial ownership interest of 10 percent or
more in the applicant or licensee has engaged in the conduct
described in subdivision (a) related to any facility licensed
pursuant to Chapter 1 (commencing with Section 1200), Chapter 2
(commencing with Section 1250), or Chapter 3 (commencing with Section
1500), or a similarly licensed facility in California or any other
state.
(c) The director may temporarily suspend a license, prior to a
hearing when, in the opinion of the director, the action is necessary
to protect residents or clients 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.
(d) A licensee who abandons the facility and the residents in care
resulting in an immediate and substantial threat to the health and
safety of the abandoned residents, in addition to revocation of the
license pursuant to this section, shall be excluded from licensure in
facilities licensed by the department without the right to petition
for reinstatement.
SEC. 6. Section 1569.58 of the Health and Safety Code is amended
to read:
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 an administrator, officer,
director, member, or manager of a licensee or entity controlling a
licensee, and may further prohibit any licensee from employing, or
continuing the employment of, or allowing in a licensed facility, or
allowing contact with clients of a licensed facility by, any
employee, prospective employee, or person who is not a client and who
has done any of the following:
(1) Violated, or aided or permitted the violation by any other
person of, any provisions of this chapter or of any rules or
regulations promulgated under this chapter.
(2) Engaged in conduct that is inimical to the health, morals,
welfare, or safety of either an individual in or receiving services
from the facility, or the people of the State of California.
(3) Been denied an exemption to work or to be present in a
facility, when that person has been convicted of a crime as defined
in Section 1569.17.
(4) Engaged in any other conduct that would constitute a basis for
disciplining a licensee.
(5) Engaged 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 for the care of
clients.
(b) The excluded person, the facility, and the licensee shall be
given written notice of the basis of the department's action and of
the excluded person's right to an appeal. The notice shall be served
either by personal service or by registered mail. Within 15 days
after the department serves the notice, the excluded person may file
with the department a written appeal of the exclusion order. If the
excluded person fails to file a written appeal within the prescribed
time, the department's action shall be final.
(c) (1) The department may require the immediate removal of a
member of the board of directors, an executive director, or an
officer of a licensee or exclusion of an employee, prospective
employee, or person who is not a client from a facility pending a
final decision of the matter, when, in the opinion of the director,
the action is necessary to protect residents or clients from physical
or mental abuse, abandonment, or any other substantial threat to
their health or safety.
(2) If the department requires the immediate removal of a member
of the board of directors, an executive director, or an officer of a
licensee or exclusion of an employee, prospective employee, or person
who is not a client from a facility the department shall serve an
order of immediate exclusion upon the excluded person that shall
notify the excluded person of the basis of the department's action
and of the excluded person's right to a hearing.
(3) Within 15 days after the department serves an order of
immediate exclusion, the excluded person may file a written appeal of
the exclusion with the department. The department's action shall be
final if the excluded person does not appeal the exclusion within the
prescribed time. The department shall do the following upon receipt
of a written appeal:
(A) Within 30 days of receipt of the appeal, serve an accusation
upon the excluded person.
(B) Within 60 days of receipt of a notice of defense by the
excluded person pursuant to Section 11506 of the Government Code,
conduct a hearing on the accusation.
(4) An order of immediate exclusion of the excluded person from
the facility shall remain in effect until the hearing is completed
and the director has made a final determination on the merits.
However, the order of immediate exclusion shall be deemed vacated if
the director fails to make a final determination on the merits within
60 days after the original hearing has been completed.
(d) An excluded person who files a written appeal of the exclusion
order with the department pursuant to this section shall, as part of
the written request, provide his or her current mailing address. The
excluded person shall subsequently notify the department in writing
of any change in mailing address, until the hearing process has been
completed or terminated.
(e) Hearings
held pursuant to this section shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of
the Government Code. The standard of proof shall be the
preponderance of the evidence and the burden of proof shall be on the
department.
(f) The department may institute or continue a disciplinary
proceeding against a member of the board of directors, an executive
director, or an officer of a licensee or an employee, prospective
employee, or person who is not a client upon any ground provided by
this section. The department may enter an order prohibiting any
person from being a member of the board of directors, an executive
director, or an officer of a licensee, or prohibiting the excluded
person's employment or presence in the facility, or otherwise take
disciplinary action against the excluded person, notwithstanding any
resignation, withdrawal of employment application, or change of
duties by the excluded person, or any discharge, failure to hire, or
reassignment of the excluded person by the licensee or that the
excluded person no longer has contact with clients at the facility.
(g) A licensee's failure to comply with the department's exclusion
order after being notified of the order shall be grounds for
disciplining the licensee pursuant to Section 1569.50.
(h) (1) (A) In cases where the excluded person appealed the
exclusion order and there is a decision and order of the department
upholding the exclusion order, the person shall be prohibited from
working in any facility or being licensed to operate any facility
licensed by the department or from being a certified foster parent
for the remainder of the excluded person's life, unless otherwise
ordered by the department.
(B) The excluded individual may petition for reinstatement one
year after the effective date of the decision and order of the
department upholding the exclusion order pursuant to Section 11522 of
the Government Code. The department shall provide the excluded
person with a copy of Section 11522 of the Government Code with the
decision and order.
(2) (A) In cases where the department informed the excluded person
of his or her right to appeal the exclusion order and the excluded
person did not appeal the exclusion order, the person shall be
prohibited from working in any facility or being licensed to operate
any facility licensed by the department or a certified foster parent
for the remainder of the excluded person's life, unless otherwise
ordered by the department.
(B) The excluded individual may petition for reinstatement after
one year has elapsed from the date of the notification of the
exclusion order pursuant to Section 11522 of the Government Code. The
department shall provide the excluded person with a copy of Section
11522 of the Government Code with the exclusion order.
SEC. 7. Section 1569.618 of the Health and Safety Code is amended
to read:
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 normal working hours. A
facility manager designated by the licensee with notice to the
department, shall be responsible for the operation of the facility
when the administrator is temporarily absent from the facility.
(b) At least one administrator, facility manager, or designated
substitute who is at least 21 years of age and has qualifications
adequate to be responsible and accountable for the management and
administration of the facility pursuant to Title 22 of the California
Code of Regulations shall be on the premises 24 hours per day. The
designated substitute may be a direct care staff member who shall not
be required to meet the educational, certification, or training
requirements of an administrator. The designated substitute shall
meet qualifications that include, but are not limited to, all of the
following:
(1) Knowledge of the requirements for providing care and
supervision appropriate to each resident of the facility.
(2) Familiarity with the facility's planned emergency procedures.
(3) Training to effectively interact with emergency personnel in
the event of an emergency call, including an ability to provide a
resident's medical records to emergency responders.
(c) The facility shall employ, and the administrator shall
schedule, a sufficient number of staff members to do all of the
following:
(1) Provide the care required in each resident's written record of
care as described in Section 1569.80.
(2) Ensure the health, safety, comfort, and supervision of the
residents.
(3) Ensure that at least one staff member who has cardiopulmonary
resuscitation (CPR) training and first aid training is on duty and on
the premises at all times. This paragraph shall not be construed to
require staff to provide CPR.
(4) Ensure that the facility is clean, safe, sanitary, and in good
repair at all times.
(d) "Facility manager" means a person on the premises with the
authority and responsibility necessary to manage and control the
day-to-day operation of a residential care facility for the elderly
and supervise the clients. The facility manager, licensee, and
administrator, or any combination thereof, may be the same person
provided he or she meets all applicable requirements. If the
administrator is also the facility manager for the same facility, he
or she shall be limited to the administration and management of only
one facility.
