Cal. Code Regs. tit. 22 § 87706

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 87706 - [Operative 1/1/2025] Advertising Dementia Special Care, Programming, and Environments

(a) In addition to the requirements in Section 87705, Care of Persons with Dementia, licensees who advertise, promote, or otherwise hold themselves out as providing special care, programming, and/or environments for residents with dementia or related disorders shall meet the following requirements:

(1) In addition to the requirements specified in Sections 87208, Plan of Operation, the licensee shall include in the plan of operation a brief narrative description addressing the following additional information:

(A) Philosophy, including, but not limited to, program goals/objectives in relation to meeting the needs of residents with dementia.

(B) Admission, including the following items that must be addressed when admitting a resident who requires dementia special care:

1. Specification of the designated areas in the facility where dementia special care is provided, which may be the entire facility or only parts of it.

2. Services available specific to residents with dementia.

3. Procedures in place to ensure that the plan of operation is available for review upon request.

(C) Staff training describing the required training for direct care staff who provide dementia special care. At a minimum, the description shall include information on training to be provided, as specified in Health and Safety Code sections 1569.625 and 1569.626.

(D) Activity program for residents with dementia.

1. Types of activities include, but are not limited to, activities that support cognitive/mental stimulation, physical activities and reminiscence activities, as specified in Section 87219, Planned Activities.

(E) Physical environment, including environmental factors that ensure a safe, secure, familiar and consistent environment for residents with dementia.

1. Environmental factors that may be considered include: bedroom decor; architectural and safety features (e. g., wide hallways, handrails, delayed egress, secured perimeters); lighting; colors and visual contrasts; types of furniture; signs; noise factors; memory boxes; nourishment and hydration stations; and functional outdoor space and exercise pathways.

(F) Changes in condition, including procedures to be followed when a resident's condition changes, including, but not limited to, an explanation of:

1. When a reappraisal, as specified in Section 87463, Reappraisals, is required;

2. At what point, if any, a licensed medical professional is involved in developing a reappraisal;

3. Special techniques/programs (if any) used for managing specific types of behavior; and

4. The conditions that would require a resident to be relocated.

(G) Success indicators, including procedures to:

1. Ensure an ongoing review of facility programs pertaining to care of residents with dementia;

2. Make necessary adjustments to better meet residents' needs; and

3. Assess the program's overall effectiveness/success.

a. Examples of areas that may be reviewed include incident reports, staffing levels, input from others, and resident participation in program activities.

(2) The licensee shall maintain copies of all facility advertisements and marketing/promotional material that indicate the licensee provides special care, programming, and/or environments for residents with dementia, and shall maintain the information for a minimum of three years.

(3) The licensee shall provide a description of the program and services, as specified in Health and Safety Code section 1569.628.

(A) This material shall be available to the public upon request.

(B) This material shall also be available to the licensing agency to inspect, audit, copy, and remove (if necessary for copying) upon demand during normal business hours as specified in Section 87755, Inspection Authority of the Licensing Agency.

(b) The licensee who discontinues advertising, promoting, or otherwise holding themselves out as providing special care, programming, and/or environments for residents with dementia shall:

(1) Provide written notification to the licensing agency, residents and, as applicable, the residents' representative, as defined in Section 87101, Definitions, at least 30 calendar days prior to discontinuing advertising or promoting dementia special care, programming, and/or environments.

(A) The notification shall specify the date that the licensee will cease advertising or promoting dementia special care, programming, and/or environments; and, therefore, will no longer be required to meet the requirements specified in Section 87706.

(B) The licensee shall maintain a copy of the written notification in each resident's records.

(2) On the date specified in the notification, cease all advertisements, publications, and/or announcements that pertain to dementia special care including, but not limited to, those in magazines, newspapers, consumer reports, professional or service directories, Internet, radio and/or television commercials.

(A) Long-term advertisements shall be removed at the next renewal date.

(3) On the date specified in the notification, remove all written references that indicate that the licensee provides dementia special care, programming, and/or environments from all promotional material, advertisements, and/or printed material, including admission agreements and the plan of operation.

Cal. Code Regs. Tit. 22, § 87706

Note: Authority cited: Section 1569.30, Health and Safety Code. Reference: Sections 1569.15, 1569.22, 1569.31, 1569.312, 1569.33, 1569.355, 1569.62, 1569.625, 1569.626, 1569.627 and 1569.628, Health and Safety Code.

1. New section 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. For history of former section, see Registers 88, No. 49 and 82, No. 10.
2. 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 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.
3. Certificate of Compliance as to 9-14-89 order transmitted to OAL 1-12-90 and filed 2-13-90 (Register 90, No. 9).
4. Change without regulatory effect amending subsection (a)(2) filed 6-1-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 22).
5. Change without regulatory effect renumbering former section 87706 to new section 87622 and renumbering former section 87725 to section 87706, including amendment of section heading and section, filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).
6. Amendment of subsection (a)(3), new subsection (a)(5) and amendment of Note filed 1-18-2017; operative 4/1/2017 (Register 2017, No. 3).
7. Amendment filed 10-17-2024; operative 1/1/2025 (Register 2024, No. 42).