Cal. Code Regs. Tit. 22, § 71701 - Applicability

Current through Register 2021 Notice Reg. No. 52, December 24, 2021

(a) This article only applies to the assessment of administrative penalties pursuant to Health and Safety Code Section 1280.3. This article does not apply to:

(1) Minor violations as defined in Section 70952,

(2) Settlement of any enforcement action, or

(3) Penalties assessed by the department under laws other than Health and Safety Code Section 1280.3, including but not limited to Health and Safety Code Sections 1278.5, 1280.15, 1280.4, 1317.3, 1317.4, and 1317.6(a).

(b) This article applies only to incidents occurring on or after April 1, 2014. As to such incidents, the hospital's compliance history prior to April 1, 2014, including deficiencies constituting immediate jeopardy, shall be considered in assessing administrative penalties as provided in this article and under Health and Safety Code Section 1280.3(a) and (b).

(c) Incidents occurring prior to April 1, 2014, shall be subject to administrative penalties as described in Health and Safety Code Section 1280.1(d).

Notes

Cal. Code Regs. Tit. 22, § 71701

Note: Authority cited: Sections 1280.3, 100275(a),131050, 131051, 131052 and 131200, Health and Safety Code. Reference: Sections 1280.1 and 1280.3, Health and Safety Code.

1. New article 8 (sections 71701-71703) and section filed 12-5-2013; operative 4-1-2014 (Register 2013, No. 49).