Cal. Code Regs. Tit. 22, § 87101 - Definitions
(a)
(1) "Administrator " means the individual
designated by the licensee to act in 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.
(2)
"Admission Agreement " includes all documents that a resident or resident's
representative must sign at the time of, or as a condition of, admission.
(3) "Adult " means a person who is eighteen (18)
years of age or older.
(4) "Adult
protective services agency " means a county welfare department , as defined in Welfare
and Institutions Code section
15610.13.
(5) "Advance Health Care Directive " means a
written instruction that relates to the provision of health care when the individual
is incapacitated. Advance directives include, but are not limited to, a Durable
Power of Attorney for Health Care, an Individual Health Care Instruction , a Request
to Forego Resuscitative Measures , or a Do Not Resuscitate Form. In an advance
directive, a person states choices for medical treatment and/or designates who
should make treatment choices if the person creating the advance directive should
lose decision-making capacity .
(6)
"Allowable Health Condition " means any health condition that the licensee is allowed
to care for either in accordance with a specific regulation, or with an exception
approved by the licensing agency . This includes restricted health conditions as
specified in Section
87612, Restricted Health
Conditions.
(7) "Ambulatory Person "
means a person who is capable of demonstrating the mental competence and physical
ability to leave a building without assistance of any other person or without the
use of any mechanical aid in case of an emergency.
(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.
(9) "Applicant " means any
individual, firm , partnership, association, corporation, county , city, public agency
or other government entity that has made application for a residential care facility
for the elderly license , administrator certificate, or special permit.
(10) "Appropriately Skilled Professional " means an
individual that has training and is licensed to perform the necessary medical
procedures prescribed by a physician . This includes but is not limited to the
following: Registered Nurse (RN), Licensed Vocational Nurse (LVN), Physical
Therapist (PT), Occupational Therapist (OT) and Respiratory Therapist (RT). These
professionals may include, but are not limited to, those persons employed by a home
health agency , the resident, or facilities and who are currently licensed in
California.
(b)
(1) "Basic Rate " means the SSI/SSP established
rate, which does not include that amount allocated for the recipient's personal and
incidental needs.
(2) "Basic Services ,"
as defined in Health and Safety Code section
1569.312,
means those services required to be provided by the facility in order to obtain and
maintain a license and include, in such combinations as may meet the needs of the
residents and be applicable to the type of facility to be operated, the following:
safe and healthful living accommodations; personal assistance and care; observation
and supervision ; planned activities; food service; and arrangements for obtaining
incidental medical and dental care.
(3)
"Behavioral expression " means behavior or behaviors displayed by a resident that may
result in harm to self or others including, but not limited to, unsafe wandering as
defined in subsection (u), or elopement as defined in subsection (e), expressions of
frustration, disorientation, hallucinations, or lacking in hazard awareness or
impulse control. Behavioral expression may be due to boredom, fear, overstimulation,
perceived threat, fatigue, physical discomfort, pain, "Major Neurocognitive Disorder
(major NCD)" as defined in subsection (m), or other causes including, but not
limited to, medication interactions and/or illnesses such as urinary tract
infections.
(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 that maximum number of
persons authorized to be provided services at any one time in any licensed
facility.
(3) "Care and Supervision "
means those activities which if provided shall require the facility to be licensed.
It involves assistance as needed with activities of daily living and the assumption
of varying degrees of responsibility for the safety and well-being of residents.
"Care and Supervision " shall include, but not be limited to, any one or more of the
following activities provided by a person or facility to meet the needs of the
residents:
(A) Assistance in dressing, grooming,
bathing and other personal hygiene;
(B)
Assistance with taking medication, as specified in Section
87465, Incidental Medical and Dental
Care Services ;
(C) Central storing and
distribution of medications, as specified in Section
87465, Incidental Medical and Dental
Care Services ;
(D) Arrangement of and
assistance with medical and dental care. This may include transportation, as
specified in Section
87465, Incidental Medical and Dental
Care Services ;
(E) Maintenance of house
rules for the protection of residents;
(F) Supervision of resident schedules and
activities;
(G) Maintenance and
supervision of resident monies or property;
(H) Monitoring food intake or special
diets.
(4) "Certificate
holder " means a person who has a current administrator 's certificate issued by the
Department regardless of whether the person is employed as an administrator in a
residential care facility for the elderly .
(5) "Certified administrator " means an
administrator who has been issued a residential care facility for the elderly
administrator certificate by the Department and whose certificate is
current.
(6) "Classroom Hour " means
fifty (50) to sixty (60) minutes of classroom instruction within a 60-minute period.
No credit is given for meal breaks.
(7)
"Classroom setting " means a setting, conducive to learning and free from
distractions, for which the primary purpose is education, instruction , training, or
conference. Participants must be able to simultaneously interact with each other as
well as with the instructor.
(8) "Close
friend " means a person who is attached to another by feelings of personal regard as
indicated by both parties involved.
(9)
"Co-locate " means that a vendor applicant is approved for more than one program
type, i.e., ARF, RCFE, GH, and has received approval to teach specific continuing
education courses at the same time and at the same location. Co-location is allowed
for Continuing Education Training Program vendors only.
(10) "Community Care Facility " means any facility,
place or building providing nonmedical care and supervision , as defined in Section
87101(c)(3).
(11) "Complete request " means the vendor applicant
has submitted, and the Department has received, all required information and
materials necessary to approve or deny the request for certification program and/or
course approval.
(12) "Conservator "
means a person appointed by the Superior Court pursuant to Probate Code section
1800 et. seq. or
Welfare and Institutions Code section
5350,
to care for the person, or estate, or person and estate, of an adult .
(13) "Consultant " means a person professionally
qualified by training and experience to provide expert information on a particular
subject.
(14) "Contagious disease " means
an illness capable of being transmitted from one human to another human via direct
or indirect contact.
(15) "Continuing
Care Contract " is defined in Health and Safety Code section
1771(c)(8).
(16) "Continuing Education Training Program
Vendor " means a vendor approved by the Department to provide continuing education
training courses to residential care facility for the elderly administrators and
certificate holders to qualify them for renewal of their residential care facility
for the elderly administrator certificate.
(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 shall 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 probate proceeding or 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) "Course "
means either, (1) a quarter- or semester-long structured sequence of classroom
instruction covering a specific subject, or (2) a one-time seminar, workshop, or
lecture of varying duration.
(20)
"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 Residential Care Facilities Act for the
Elderly and regulations adopted by the Department pursuant to the Act .
(3) "Delayed Egress Device " means a special
egress-control device of the time delay type as specified in Health and Safety Code
section
1569.699(a).
(4) "Dementia " means an overall term for diseases
and conditions characterized by a progressive decline in memory, language,
problem-solving, and other thinking skills that are severe enough to interfere with
a person's ability to perform activities of daily life. Dementia is a general term
referring to "Major Neurocognitive Disorder (major NCD)" as defined in subsection
(m).
(5) "Department " is defined in
Health and Safety Code section
1569.2(c).
(6) "Dietician " means a person who is eligible for
registration by the American Dietetic Association.
(7) "Direct care staff " means the licensee , or
those individuals employed by the licensee , who provide direct care to the
residents, including, but not limited to, assistance with activities of daily
living.
(8) "Director " is defined in
Health and Safety Code section
1569.2(d).
(9) "Do-Not-Resuscitate (DNR) Form " means the
pre-hospital do-not-resuscitate forms developed by the California Emergency Medical
Services Authority and by other local emergency medical services agencies. These
forms, when properly completed by a resident or (in certain instances) a resident's
Health Care Surrogate Decision Maker , and by a physician , alert pre-hospital
emergency medical services personnel to the resident's wish to forego resuscitative
measures in the event of the resident's cardiac or respiratory arrest.
(10) "Documentation " means written supportive
information including but not limited to the Licensing Report (Form LIC
809).63
(e)
(1) "Egress Alert Device " means a wrist band or
other device which may be worn by a resident or carried on a resident's person,
which triggers a visual or auditory alarm when the resident leaves the facility
building or grounds.
(2) "Elderly
Person " means, for purposes of admission into a Residential Care Facility for the
Elderly , a person who is sixty (60) years of age or older.
(3) "Elopement" occurs when a resident who is at
risk of harm due to their cognitive condition leaves the facility unsupervised, or
while in the licensee 's care, leaves another safe location unsupervised.
(4) "Emergency Approval to Operate " (EAO) means a
temporary approval to operate a facility for no more than 60 days pending the
issuance or denial of a license by the licensing agency .
(5) "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 contract to
license community care facilities.
(6)
"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
death of the licensee .
(7) "Exception "
means a variance to a specific regulation based on the unique needs or circumstances
of a specific resident or staff person. Requests for exceptions are made to the
licensing agency by an applicant or licensee . They may be granted for a particular
facility, resident or staff person, but cannot be transferred or applied to other
individuals.
(8) "Existing Facility "
means any facility operating under a valid license on the date of application for a
new license .
(f)
(1) "Facility Hospice Care Waiver " means a waiver
from the limitation on retention of residents who require more care and supervision
than other residents and residents who are bedridden other than for a temporary
illness. The Hospice Care Waiver granted by the Department will permit the retention
in a facility of a designated maximum number of terminally ill residents who are
receiving hospice services from a hospice agency . The Facility Hospice Care Waiver
will apply only to those residents who are receiving hospice care in compliance with
a hospice care plan meeting the requirements of Section
87633, Hospice Care for Terminally Ill
Residents.
(2) "Federal Bureau of
Investigation (FBI) Clearance " means an individual has no felony or misdemeanor
convictions reported by the FBI. The individual may also have been arrested with no
criminal conviction , convicted of a minor traffic offense or adjudicated as a
juvenile.
(g)
(1) "Gender Expression " means a person's
appearance and behavior, whether or not these are stereotypically associated with
the person's sex assigned at birth.
(2)
"Gender Identity " means a person's stated identification with a sex, regardless of
whether the stated sex is consistent with the person's physical appearance, surgical
history, genitalia, legal sex, sex assigned at birth, or name and sex, as they
appear in medical records, and regardless of any statement by any other person,
including a family member , conservator , or legal representative , that is contrary. A
person who lacks the ability to communicate gender identity retains the gender
identity most recently expressed by that person.
(3) "Gender-Nonconforming " means a person whose
gender expression does not conform to stereotypical expectations of how a man or
woman should appear or behave.
(4)
"Guardian " means a person appointed by the Superior Court pursuant to Probate Code
section
1500 et seq. to
care for the person, or person and estate, of a child .
(h)
(1) "Healing
wounds " include cuts, stage one and two pressure injuries and incisions with the
affected area returning to its normal state. They may involve breaking or laceration
of the skin and usually damage to the underlying tissues.
(2) "Health Care Provider " means those persons
described in Probate Code section
4621: "an
individual licensed, certified, or otherwise authorized or permitted by the law of
this state to provide health care in the ordinary course of business or practice of
a profession."
(3) "Health Care
Surrogate Decision Maker " means an individual who participates in health care
decision making on behalf of an incapacitated resident. Health care surrogate
decision maker may be formally appointed (e.g., by the resident in a Durable Power
of Attorney for Health Care or by a court in a conservatorship proceeding) or, in
the absence of a formal appointment, may be recognized by virtue of a relationship
with the resident (e.g., the resident's next of kin). The licensee or any staff
member of the facility shall not be appointed health care surrogate decision
maker .
(4) "Health Condition Relocation
Order " means written notice by the Department to a licensee requiring the relocation
of a resident from a residential care facility for the elderly because the resident
has a health condition which cannot be cared for within the limits of the license ,
requires inpatient care in a health facility or has a prohibited health condition as
specified in Section
87615, Prohibited Health
Conditions.
(5) "Home Economist " means a
person who holds a baccalaureate or higher degree in home economics and who
specialized in either food and nutrition or dietetics.
(6) "Hospice or Hospice Agency " means an entity
which provides hospice services to terminally ill persons, is Medicare certified for
hospice, and holds either a Hospice license or a Home Health Agency license from the
California Department of Public Health. Any organizations, appropriately skilled
professionals, or other professional persons or entities that are subcontracted by
the hospice or hospice agency for the provision of specified hospice services to the
resident are included within the definition. The hospice agency providing services
in an RCFE shall not subcontract with the licensee or any facility staff for the
provision of services .
(7) "Hospice Care
Plan " means the hospice agency 's written plan of care for a terminally ill resident .
The hospice shall retain overall responsibility for the development and maintenance
of the plan and quality of hospice services delivered.
(i)
(1)
"Immediate Need " means a situation where prohibiting the operation of the facility
would be detrimental to a resident's physical health, mental health, safety, or
welfare. Examples of immediate need include but are not limited to:
(A) A change in facility location when residents
are in need of services from the same operator at the new location;
(B) A change of facility ownership when residents
are in need of services from the new operator.
(2) "Infectious " means something (e.g. material,
agent, person) that is capable of transmitting infection: This includes something
which contains an organism -- such as bacteria, viruses, fungi or parasites, which
can cause disorder or disease. Some infectious diseases can be passed from person to
person.
(3) "Initial Certification
Training Program Vendor " means a vendor approved by the Department to provide the
initial eighty (80) hour certification training program to persons who do not
possess a valid residential care facility for the elderly administrator
certificate.
(4) "Instruction " means to
furnish an individual with knowledge or to teach, give orders, or direction of a
process or procedure.
(5)
"Interdisciplinary Team " means a team that shall assist the Department in evaluating
the need for relocating a resident of a residential care facility for the elderly
when the resident has requested a review of the Department 's health-condition
relocation order. This team shall consist of the Department 's nurse consultant and a
social worker , designated by the Department , with experience in the needs of the
elderly. Persons selected for an interdisciplinary team review shall not have been
involved in the initial decision to issue a relocation order for the resident in
question.
(j)
(Reserved)
(k) (Reserved)
(l)
(1) "LGBT "
means lesbian, gay, bisexual, or transgender .
(2) "License " means a basic permit to operate a residential care
facility for the elderly .
(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 individual, firm ,
partnership, corporation, association or county having the authority and
responsibility for the operation of a licensed facility.
(5) "Licensing Agency " means a state, county or
other public agency authorized by the Department to assume specified licensing,
approval or consultation responsibilities pursuant to Health and Safety Code section
1569.13.
(m)
(1) "Major
Neurocognitive Disorder " (major NCD) is a clinical term that describes substantially
decreased cognitive or mental function due to a medical disease other than a
psychiatric illness. Major NCD includes Alzheimer's disease and related disorders
diagnosed by a licensed medical professional acting within their scope of practice.
Related disorders considered to be major NCDs include, but are not limited to,
vascular dementia , Lewy body dementia , Parkinson's disease, and frontotemporal
dementia . Major NCDs cause impairment that is sufficient enough to interfere with
independence in daily activities and may result in changes that include, but are not
limited to, increased tendency to wander and decreased hazard awareness and ability
to communicate.
(2) "Mandated Reporter "
is defined in Welfare and Institutions Code Section
15630(a).
(3) "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).
(4) "Mild cognitive impairment " (MCI) refers to
people whose cognitive abilities are in a "conditional state" between normal aging
and dementia . Normal age-related memory changes can include forgetting a person's
name or the location of an object, however, individuals with MCI have difficulty
with short-term memory loss. MCI is a state in which at least one cognitive
function, usually short-term memory, is impaired to an extent that is greater than
would be anticipated in the normal aging process. MCI is characterized by short-term
memory problems, but no other symptoms of dementia (e.g., problems with language,
judgment, changes in personality or behavior) that affect a person's daily
functioning. Individuals with MCI may experience some difficulty with intellectually
demanding activities, but lack the degree of cognitive and functional impairment
required to meet diagnostic criteria for dementia .
(n)
(1) "New
Facility " means any facility applying for an initial license whether newly
constructed or previously existing for some other purpose.
(2) "Nonambulatory Person " means a person who is
unable to leave a building unassisted under emergency conditions. It includes, but
is not limited to, those persons who depend upon mechanical aids such as crutches,
walkers, and wheelchairs. It also includes persons who are unable, or likely to be
unable, to respond physically or mentally to a sensory signal approved by the State
Fire Marshal, or an oral instruction relating to fire or other dangers and, if
unassisted, to take appropriate action relating to such danger.
(3) "Non-Compliance Conference " means a meeting
initiated by the Department that takes place between the licensing agency and the
licensee to afford the licensee an opportunity to correct licensing violations other
than those that pose an immediate danger to residents and that may result in a
corrective plan of action. Its purpose is to review the existing deficiencies and to
impress upon the licensee the seriousness of the situation prior to the agency
requesting administrative action to revoke the license . The Department may initiate
administrative action without a non-compliance conference .
(4) "Nonrecurring Lump-Sum Assessment " is defined
in Health and Safety Code Section
1569.655(b).
(5) "Nutritionist " means a person holding a
master's degree in food and nutrition, dietetics, or public health nutrition, or who
is employed by a county health department in the latter
capacity .
(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 " as defined in Health and
Safety Code section
1569.47(a),
means any county welfare department , county social services department , county
mental health department , county public guardian , general acute care hospital
discharge planner or coordinator, state-funded program or private agency providing
placement or referral services , and regional center for persons with developmental
disabilities which is engaged in finding homes or other places for the placement of
elderly persons for temporary permanent care.
(3) "Preadmission Fee " is defined in Health and
Safety Code section
1569.651(e)
as an application fee, processing fee, admission fee, entrance fee, community fee or
other fee, however designated, that is requested or accepted by a licensee of a
residential care facility for the elderly prior to admission.
(4) "Pressure Injury " means localized damage to
the skin and/or soft tissue under the skin that is usually over a bony part of the
body or related to a medical or other device. This damage can appear as intact skin
or an open ulcer and may be painful. It occurs as a result of intense and/or
prolonged pressure on the affected part of the body or pressure combined with shear
(an action or stress that causes internal parts of the body to become deformed).
Based on appearance and severity, the damage to tissue is a Stage 1, 2, 3, or 4
pressure injury .
(5) "Privately Operated
Facility " means a residential care facility for the elderly that is licensed to an
individual, firm , partnership, association, or corporation.
(6) "PRN Medication " (pro re nata) means any
nonprescription or prescription medication which is to be taken as needed.
(7) "Provision" or "Provide." Whenever any
regulation specifies that provision be made for or that there be provided any
service, personnel or other requirement, it means that if the resident is not
capable of doing so himself, the licensee shall do so directly or present evidence
satisfactory to the licensing agency of the particular arrangement by which another
provider in the community will do so.
(8) "Provisional License " means a temporary,
nonrenewable license , issued for a period not to exceed twelve months which is
issued in accordance with the criteria specified in Section
87162, Provisional License .
(9) "Publicly Operated Facility " means a
residential care facility for the elderly that is licensed to a city, county , or
other government entity.
(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, 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 if the marriage
has been terminated by death or dissolution.
(3) "Representative " means an individual who has
authority to act on behalf of the resident; including but not limited to, a
conservator , guardian , person authorized as the agent in the resident's valid
advance health care directive , the resident's spouse , registered domestic partner ,
family member , a person designated by the resident, or other surrogate decisionmaker
designated consistent with statutory and case law. Without other legal obligation to
the contrary, acting as a resident representative does not mean that the individual
assumes personal responsibility or liability for payment of any charges incurred by
the resident.
(4) "Request to Forego
Resuscitative Measures " is defined in Probate Code section
4780.
(5) "Residential Care Facility for the Elderly "
means a housing arrangement chosen voluntarily by the resident, the resident's
guardian , conservator or other responsible person ; where 75 percent of the residents
are sixty years of age or older and where varying levels of care and supervision are
provided, as agreed to at time of admission or as determined necessary at subsequent
times of reappraisal. Any younger residents must have needs compatible with other
residents.
(6) "Responsible Person "
means "Representative ," as defined in Section
87101(r)(3), for
purposes of these regulations and applicable statutes.
(7) "Room and Board " means a living arrangement
where care and supervision is neither provided nor available.
(s)
(1) "Serious
Bodily Injury " is defined in Welfare and Institutions Code Section
15610.67.
(2) "Serious Deficiency " means any deficiency that
presents an immediate or substantial threat to the physical health, mental health,
or safety of the residents or clients of a community care facility .
(3) "Shall" means mandatory. "May" means
permissive.
(4) "Significant Change in
Condition " means a deterioration or improvement in a resident's physical, cognitive,
behavioral, or functional condition that is significant enough to require an
alteration of the services provided to the resident.
(5) "Significant Other " means a person, including
a person of the same gender, with whom a resident was sharing a partnership prior to
his/her placement in a Residential Care Facility for the Elderly (RCFE). The
partnership involves two adults who have chosen to share one another's lives in an
intimate and committed relationship of mutual caring.
(6) "Simplified Exemption " means an exemption
granted on the Department 's own motion, as authorized in Health and Safety Code
section
1569.17(c)(4),
if the individual's criminal history meets specific criteria established by
Department regulation.
(7)
Singular-Plural. Whenever in these regulations the singular is used, it can include
the plural.
(8) "Social Worker " means a
person who has a graduate degree from an accredited school of social work or who has
equivalent qualifications as determined by the Department .
(9) "SSI/SSP " means the Supplemental Security
Income/State Supplemental Program.
(10)
"Substantial Compliance " means the absence of any deficiencies which would threaten
the physical health, mental health, safety or welfare of the residents. Such
deficiencies include, but are not limited to, those deficiencies referred to in
Section 87758, Serious Deficiencies --
Examples, and the presence of any uncorrected serious deficiencies for which civil
penalties could be assessed.
(11)
"Supervision " means to oversee or direct the work of an individual or subordinate
but does not necessarily require the immediate presence of the
supervisor.
(t)
(1) "Terminally Ill Resident " means that the
resident has a prognosis by his/her attending physician that the resident's life
expectancy is six months or less if his/her illness or condition runs its normal
course .
(2) "Transfer trauma " means the
consequences of the stress and emotional shock caused by an abrupt, involuntary
relocation of a resident from one facility to another.
(3) "Transgender " means a person whose gender
identity is different from the person's assigned or presumed sex at birth.
(4) "Transition " means to undergo a process by
which a person changes physical sex characteristics or gender expression to match
the person's inner sense of being male or female. This process may include, among
other things, a name change, a change in pronoun, and a change in social gender
expression , as indicated by hairstyle, clothing, and restroom use. Transition may or
may not include hormone use and surgery.
(u)
(1)
"Unlicensed Residential Care Facility for the Elderly " means a facility as defined
in Health and Safety Code section
1569.44.
(A) A facility which is "providing care and
supervision " as defined in section
87101(c)(3) includes,
but is not limited to, one in which an individual has been placed by a placement
agency or family members.
(B) A facility
which is "held out as or represented as providing care and 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 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 supervision .
(C) A facility which "accepts or retains residents
who demonstrate the need for care and supervision " includes, but is not limited to:
1. A facility with residents requiring care and
supervision , even though the facility is providing board and room only, or board
only, or room only.
2. A facility where
it is apparent that care and supervision are being provided by virtue of the
client's needs being met.
(2) "Unsafe wandering " occurs when a resident at
risk enters an area that is physically hazardous or contains items that are
potential safety hazards. For example, unsafe wandering may occur when a resident
enters another resident's room when doing so may lead to an altercation or contact
with hazardous items.
(v)
(1) "Vendor " means a Department -approved
institution, association, individual(s), or other entity that assumes full
responsibility or control over a Department -approved Initial Certification Training
Program or a Continuing Education Training Program.
(2) "Vendor applicant " means any institution,
association, individual(s), or other entity that submits a request for approval of
an Initial Certification Training Program or a Continuing Education Training
Program.
(3) "Voluntary" means resulting
from free will.
(w)
(1) "Waiver " means a variance to a specific
regulation based on a facility-wide need or circumstance which is not typically tied
to a specific resident or staff person. Requests for waivers are made to the
licensing agency , in advance, by an applicant or licensee .
(x) (Reserved)
(y) (Reserved)
(z) (Reserved)
Notes
Note: Authority cited: Sections 1569.23, 1569.30, 1569.318, 1569.616 and 1569.698, Health and Safety Code. Reference: 42 CFR 418.3; Sections 1439.50, 1569.1, 1569.2, 1569.5, 1569.10, 1569.145, 1569.15, 1569.153, 1569.157, 1569.158, 1569.17, 1569.19, 1569.191, 1569.193, 1569.20, 1569.21, 1569.23, 1569.31, 1569.312, 1569.33, 1569.38, 1569.44, 1569.47, 1569.54, 1569.616, 1569.626, 1569.651, 1569.655, 1569.699, 1569.73, 1569.74, 1569.82, 1569.880, 1771, 1797.196 and 13131, Health and Safety Code; Sections 5350, 15610.13 and 15610.67, Welfare and Institutions Code; and Sections 1500, 1800 and 4780, Probate Code.
Note: Authority cited: Sections 1569.23, 1569.30, 1569.318, 1569.616 and 1569.698, Health and Safety Code. Reference: 42 CFR 418.3; Sections 1439.50, 1569.1, 1569.2, 1569.5, 1569.10, 1569.145, 1569.15, 1569.153, 1569.157, 1569.158, 1569.17, 1569.19, 1569.191, 1569.193, 1569.20, 1569.21, 1569.23, 1569.31, 1569.312, 1569.33, 1569.38, 1569.44, 1569.47, 1569.54, 1569.616, 1569.626, 1569.651, 1569.655, 1569.699, 1569.73, 1569.74, 1569.82, 1569.880, 1771 and 1797.196, Health and Safety Code; Sections 5350, 15610.13 and 15610.67, Welfare and Institutions Code; and Sections 1500, 1800 and 4780, Probate Code.
2. New subsections (a)(5) and (a)(23) and renumbering of following subsections filed 4-18-89 as an emergency; operative 4-18-89 (Register 89, No. 16). A Certificate of Compliance must be transmitted to OAL within 120
3. Certificate of Compliance transmitted to OAL 8-15-89 and disapproved by OAL 9-14-89, and section readopted on an emergency basis with amendment of subsections (a)(5) and (a)(23) and new subsections (a)(26) and (47) filed 9-14-89 as an emergency; operative 9-14-89 (Register 89, No. 39). A Certificate of Compliance must be transmitted to OAL within 120
4. Certificate of Compliance as to 9-14-89 order including amendment of subsection (a)(5) transmitted to OAL 1-12-90 and filed 2-13-90 (Register 90, No. 9).
5. Renumbering former subsections (a)(48) through (a)(50) to subsections (a)(49) through (a)(51) and new subsection (a)(48) filed 10-26-90; operative 11-25-90 (Register 90, No. 49).
6. 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).
7. Editorial correction to section (Register 91, No. 43).
8. Amendment of section filed 7-10-91; operative 8-9-91 (Register 91, No. 43).
9. New subsections (h)(2), (i)(3) and (p)(2), subsection renumbering, and amendment of subsection (r)(3) filed 2-4-93; operative 3-3-93 (Register 93, No. 6).
10. New subsections (d)(2) and (r)(2), subsection renumbering, and amendment of Note filed 11-16-95 as an emergency; operative 11-16-95 (Register 95, No. 46). A Certificate of Compliance must be transmitted to OAL by 5-14-96 pursuant to Health and Safety Code section 1569.698(c) or emergency language will be repealed by operation of law on the following
11. Certificate of Compliance as to 11-16-95 order including renumbering of subsection r.(2) to new subsection e.(1), renumbering of newly designated subsections r.(2)-r.(4) and amendment of Note transmitted to OAL 5-13-96 and filed 6-18-96 (Register 96, No. 25).
12. New subsections a.(3), d.(6), f.(1), h.(2)-(3), h.(6)-(7), r.(2) and t.(1), subsection renumbering, amendment of newly designated subsections r.(3) and r.(4) and amendment of Note filed 1-13-97; operative 1-13-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 3).
13. New subsection (p)(3) and subsection renumbering filed 5-16-97; operative 6-15-97 (Register 97, No. 20).
14. Amendment of subsection c.(4), new subsection d.(3), subsection renumbering, and amendment of Note filed 11-12-98; operative 12-12-98 (Register 98, No. 46).
15. New subsection (c)(3) 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
16. Certificate of Compliance as to 5-23-2000 order transmitted to OAL 9-18-2000 and filed 10-16-2000 (Register 2000, No. 42).
17. Change without regulatory effect amending subsection (e)(2) filed 11-8-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 45).
18. Amendment of section and Note filed 3-12-2001; operative 3-12-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 11).
19. Editorial correction providing correct
20. Change without regulatory effect amending subsection (e)(7) and amending Note filed 6-29-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).
21. Amendment of subsection (a)(3), new subsection (a)(4), subsection renumbering, and amendment of subsection (d)(8) filed 9-24-2001; operative 9-24-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 39).
22. New subsection (a)(3), subsection renumbering and amendment of Note filed 10-25-2001 as an emergency; operative 10-25-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-22-2002 or emergency language will be repealed by operation of law on the following
23. Certificate of Compliance as to 10-25-2001 order transmitted to OAL 2-22-2002 and filed 4-8-2002 (Register 2002, No. 15).
24. New subsection (s)(3), subsection renumbering and amendment of Note filed 7-23-2002; operative 8-22-2002 (Register 2002, No. 30).
25. Amendment of section and Note filed 8-1-2002; operative 8-31-2002 (Register 2002, No. 31).
26. New subsection (a)(7), subsection renumbering and amendment of Note filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
27. 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
28. 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
29. New subsection (n)(3), subsection renumbering and amendment of Note filed 12-29-2003 as an emergency; operative 1-1-2004 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-2004 or emergency language will be repealed by operation of law on the following
30. 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
31. Amendment of subsection (d)(4), new subsections (d)(8) and (m)(2), subsection renumbering and amendment of Note filed 6-3-2004; operative 7-3-2004 (Register 2004, No. 23).
32. Certificate of Compliance as to 12-29-2003 order, including new subsection (l)(2), subsection renumbering and amendment of subsection (n)(3), transmitted to OAL 4-30-2004 and filed 6-10-2004 (Register 2004, No. 24).
33. 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).
34. Change without regulatory effect amending section and Note filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).
35. Amendment of subsection (c)(6), new subsection (c)(7), amendment of subsection (i)(2), repealer of subsections (i)(3) and (r)(3) and subsection renumbering filed 12-30-2015; operative
36. New subsection (a)(2), subsection renumbering, amendment of subsections (b)(2), (c)(10) and (h)(6), new subsections (n)(4), (p)(3) and (r)(3), subsection renumbering, amendment of newly designated subsection (r)(6), redesignation of subsection (u)(1)(B)2.(iv) as (u)(1)(B)2.(iii), amendment of subsection (u)(2)(A) and amendment of Note filed 1-18-2017; operative
37. 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).
38. Amendment of section and Note filed 8-24-2018; operative
39. Repealer of subsections (s)(9) and (u)(1)-(u)(1)(D) and subsection renumbering filed 2-7-2022 as an emergency; operative
40. Repealer of subsection s (s)(9) and (u)(1)-(u)(1)(D) and subsection renumbering refiled 8-8-2022 as an emergency; operative
41. Repealer of subsections (s)(9) and (u)(1)-(u)(1)(D) and subsection renumbering refiled 11-7-2022 as an emergency; operative
42. Certificate of Compliance as to 11-7-2022 order, including new subsections (c)(14) and (i)(2) and subsection renumbering, transmitted to OAL 2-3-2023 and filed 3/20/2023; amendments effective
43. New subsections (b)(3), (e)(3), (m)(1), (s)(4) and (u)(2), subsection renumbering, amendment of subsections (d)(4), (n)(2) and (r)(3) and amendment of Note filed 10-17-2024; operative
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