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 days or emergency language will be repealed on 8-16-89.
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 days or emergency language will be repealed by operation of law on 1-16-90.
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 day.
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 day.
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 placement of subsections (c)(13)(A)-(C) (Register 2001, No. 14).
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 day.
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 day.
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 day.
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 day.
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 day.
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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