Cal. Code Regs. Tit. 22, § 74652 - Skilled Nursing Services Criteria for Licensure of Home Health Agencies
(a) For purposes of
licensure as a home health agency, "skilled nursing services" means services
which are provided by and within the scope of practice of a registered nurse or
licensed vocational nurse. Entities providing or arranging for the provision of
skilled nursing services shall obtain a home health agency license.
(b) For purposes of licensure as a home
health agency, "providing or arranging for the provision of skilled nursing
services" means that an entity does either one or both of the following:
(1) Employs a registered nurse or licensed
vocational nurse to utilize his or her skills to promote the medical benefit of
the patient in a temporary or permanent place of residence.
(2) Obtains the services of a registered
nurse or licensed vocational nurse who is not an employee in order to fulfill
its contractual obligations to promote the medical benefit of the patient in
the patient's temporary or permanent place of residence.
(c) For purposes of licensure as a home
health agency, "providing or arranging for the provision of skilled nursing
services" does not include:
(1) Any entity
that utilizes qualified, licensed nursing personnel within their scope of
practice to evaluate individuals only to determine their quality and/or level
of care or nursing needs;
(2) Any
entity that utilizes qualified, licensed nursing personnel within their scope
of practice to facilitate access by referral to needed home care services
(e.g., determining that an individual requires skilled nursing care, and
referring the case to a licensed home health agency);
(3) Any entity that utilizes qualified,
licensed nursing personnel within their scope of practice to provide only case
management and/or supervision for personnel providing only personal care
services (e.g., any business that only furnishes personal care or services that
are not related to a patient's illness or injury).
Notes
2. New section refiled 8-14-95 as an emergency; operative 8-14-95 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-12-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 12-12-95 as an emergency; operative 12-12-95 (Register 95, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-10-96 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 4-11-96 as an emergency; operative 4-11-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-28-95 order transmitted to OAL 8-7-96 and disapproved 9-19-96 (Register 96, No. 38).
6. New section filed 9-19-96 as an emergency; operative 9-19-96 (Register 96, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-97 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of HISTORY 6 (Register 97, No. 3).
8. New section refiled 1-16-97 as an emergency; operative 1-16-97 (Register 97, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-97 or emergency language will be repealed by operation of law on the following day.
9. New section refiled 5-15-97 as an emergency; operative 5-15-97 (Register 97, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-12-97 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 5-15-97 order, including amendment of section heading, section and NOTE, transmitted to OAL 8-26-97 and filed 10-8-97 (Register 97, No. 41).
Note: Authority cited: Sections 1734 and 100275, Health and Safety Code. Reference: Sections 1727(b) and 1734, Health and Safety Code.
2. New section refiled 8-14-95 as an emergency; operative 8-14-95 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-12-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 12-12-95 as an emergency; operative 12-12-95 (Register 95, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-10-96 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 4-11-96 as an emergency; operative 4-11-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-28-95 order transmitted to OAL 8-7-96 and disapproved 9-19-96 (Register 96, No. 38).
6. New section filed 9-19-96 as an emergency; operative 9-19-96 (Register 96, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-97 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 6 (Register 97, No. 3).
8. New section refiled 1-16-97 as an emergency; operative 1-16-97 (Register 97, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-97 or emergency language will be repealed by operation of law on the following day.
9. New section refiled 5-15-97 as an emergency; operative 5-15-97 (Register 97, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-12-97 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 5-15-97 order, including amendment of section heading, section and Note, transmitted to OAL 8-26-97 and filed 10-8-97 (Register 97, No. 41).
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