Section 87801 - Definitions(a) The following definitions shall apply wherever the terms are used throughout Division 6, Chapter 8.5, except where specifically noted otherwise. (1) "Activities of daily living" mean various chores that must be completed by or for a person on a daily basis to meet his/her personal needs. (A) Such chores shall include but not be limited to housework, meal preparation, laundry of clothes/linens and other washable items, taking medication, money management, transportation for personal or medical appointments, communicating with others either through telephone or in writing, dressing, eating, toileting, bathing, grooming, and ambulation.(2) "Administrator" means the licensee, or the adult designated by the licensee to act in his/her behalf in the overall management of the facility.(3) "Adult" means a person who is 18 years of age or older.(4) "Ambulatory Person" means a person who is capable of demonstrating the mental competence and physical ability to leave a building without the assistance of any other person and without the use of any mechanical aid in case of an emergency.(5) "Applicant" means any adult, firm, partnership, association, corporation, county, city, public agency or other governmental entity that has applied for a Residential Care Facility for the Chronically Ill license.(6) "Appropriately Skilled Professional" means an individual who is licensed in California to perform the necessary medical procedures within his/her scope of practice as 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 the facility.
(7) "Authorized Representative" means any person or entity authorized by law to act on behalf of any resident. Such person or entity includes, but is not limited to a conservator, a public placement agency, or the person who has durable power of attorney for health care for the resident.(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.(b)(1) "Basic Rate" means the rate charged by a facility to provide basic services. For SSI/SSP recipients, the basic rate means the established nonmedical out-of-home care rate which includes any exempt income allowance but does not in include that amount allocated for the recipient's personal and incidental needs.(2) "Basic Services" means those services specified in Section 87860 required by applicable laws and regulations, which are to be provided by the licensee in order to obtain and maintain a license to operate a Residential Care Facility for the Chronically Ill.(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 the maximum number of persons authorized to be provided care and supervision at any one time in any licensed facility.(3) "Care and Supervision" means any one or more of the following activities provided or promised to be provided in the future 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.(C) Central storing and/or distribution of medications.(D) Arrangement of and assistance with medical and dental care.(E) Maintenance of house rules for the protection of residents.(F) Arrangement and managing of resident schedules and activities.(G) Maintenance and/or management of resident cash resources or property.(H) Monitoring food intake or special diets.(I) Providing basic services as defined in Subsection (b)(2) above.(4) "Cash Resources" means: (B) Tax credits and/or refunds.(C) Earnings from employment or workshops.(D) Personal and incidental need allowances from funding sources including but not limited to, SSI/SSP.(5) "Chronic, Life-Threatening Illness" means HIV disease or AIDS.(6) "Close Friend" means a person who is attached to another by feelings of personal regard as indicated by both parties involved.(7) "Completed Application" means:(A) The applicant has submitted and the Department has received all required materials including: an approved fire clearance from the appropriate fire authority, a criminal record clearance on the applicant and any other individuals subject to such clearance.(8) "Conservator" means a person appointed by the Superior Court pursuant to the provisions of Section 1800 et seq. of the Probate Code or Section 5350 of the Welfare and Institutions Code, to care for the person, or estate, or person and estate, of another.(9) "Consultant" means a person professionally qualified by training or experience to provide expert information on a particular subject.(10) "Contagious disease" means an illness capable of being transmitted from one human to another human via direct or indirect contact.(11) "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 may 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 a probate proceeding or an estate settlement.(12) "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.(13) "Criminal Record Clearance" means an individual has a California Department of Justice clearance and an FBI clearance.(14) "Culturally Appropriate Services" mean those services which are planned, offered, and provided by taking into consideration such characteristics of the residents as ethnic/racial group; primary language; preferred foods/diet and meal preparation; preferred manner of dress and clothing; religious affiliation; sexual preference; and educational background.(d)(1) "Deficiency" means any failure to comply with any provision of the Residential Care Facilities for Persons with Chronic, Life-Threatening Illness statute (Health and Safety Code, Section 1568.01, et seq.) and/or regulations adopted by the Department pursuant to this statute.(2) "Dementia" means a deterioration of intellectual function and other cognitive skills, leading to a decline in one's ability to perform activities of daily living.(3) "Department" means the California State Department of Social Services.(4) "Developmental Disability" means a disability which originates before an individual attains age 18, continues, or can be expected to continue, indefinitely and constitutes a substantial handicap for such individual, as specified in Welfare and Institutions Code Section 4512(a). Persons who are developmentally disabled shall include persons who have been diagnosed as having mental retardation, cerebral palsy, epilepsy, autism, or who have handicapping conditions found to be closely related to mental retardation or to require treatment similar to that required for mentally retarded individuals, but shall not include other handicapping conditions that are solely physical in nature.
(5) "Direct Care Attendant" means an individual, employed by a Home Health Agency, who renders direct care services to a resident.(6) "Direct Care Services" means the assistance with or performance of services to meet the needs of the resident, including but not limited to, activities of daily living.(7) "Direct Care Staff"'means those individuals employed by the facility and who provide direct care services to the residents including, but not limited to, assistance with activities of daily living.(8) "Director" means the Director of the California State Department of Social Services.(9) "Documentation" means written information required to be completed and maintained at the facility by the licensee.(10) "Do Not Resuscitate Directive" means the written directions of the resident or the person who holds Durable Power of Attorney for Health Care for the resident to the resident's primary care physician to withhold emergency resuscitation should the resident stop breathing and to request the issuance of a Do Not Resuscitate Order by the physician.(11) "Do Not Resuscitate Order" means the order of the resident's primary care physician to alert appropriately skilled professionals that the resident does not want measures to be taken to resuscitate him/her and to withhold emergency resuscitation should the resident stop breathing.(12) "Durable Power of Attorney for Health Care" means a power given to a person to act on behalf of another person in the event that the resident becomes unable to give informed consent to health care as specified in California Civil Code, sections 2430 et seq.(e)(1) "Emergency Approval to Operate" (LIC 9117 4/93) (EAO) means a temporary approval to operate a facility for no more than 60 days pending the Department's decision on whether to approve or deny a provisional license.(2) "Evaluator" means any person who is a duly authorized officer, employee or agent of the Department.(3) "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 licensee's death.(4) "Exception" means a written authorization issued by the Department to use alternative means which meet the intent of a specific regulation(s) and which are based on the unique needs or circumstances of a specific resident (s) or staff person(s). Exceptions are granted for particular resident(s) or staff person(s) and are not transferable or applicable to other residents, staff persons, facilities or licensees.(5) "Exemption" means an exception to the requirements of Health and Safety Code Section 1568.09 and applicable regulations. Exemptions are not transferable.(f)(1) "Family unit" means a group composed of at least one parent or guardian and at least one of that person's minor children and in which at least one adult or child, or both, has HIV disease or AIDS.(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.(h)(1) "Hazardous Waste" means "medical waste" as defined by Health and Safety Code Section 25023.2 and "hazardous waste" as defined in Health and Safety Code Section 25117.(2) "Home Health Agency" means a provider licensed by the Department of Health Services in accordance with Health and Safety Code Section 1725 et seq. to perform various health related services to a person in his/her own home or in a licensed or exempt facility.(i)(1) "Individual Services Plan" means the documentation of the needs and services required by the resident as specified in Section 87896.(2) "Individual Services Team" means those individuals who are involved in the planning and/or delivery of services or care to the resident as specified in Section 87896(b).(3) "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.(4) "Instruct" means to furnish an individual with knowledge or to teach, give orders, or directions regarding a process or procedure.(5) "Intermittent Home Health Care" is the treatment and/or observation of a resident by an appropriately skilled professional for a maximum of eight (8) hours per day per resident in the facility.(l)(1) "License" means written authorization to operate a Residential Care Facility for the Chronically Ill and to provide care and supervision. The license is not transferable.(2) "Licensee" means the adult, firm, partnership, association, corporation, county, city, public agency, or other governmental entity having the authority and responsibility for the operation of a licensed Residential Care Facility for the Chronically Ill.(m)(1) "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).(2) "Mental Disorder" means any of the disorders which render a person eligible for the services enumerated under the Lanterman-Petris-Short Act, commencing with Section 5000 of the Welfare and Institutions Code.(n)(1) "Nonambulatory persons" means persons unable to leave a building unassisted under emergency conditions. It includes any person who is unable, or likely to be unable, to physically and mentally respond to a sensory signal approved by the State fire Marshal, or an oral instruction relating to fire danger, and persons who depend upon mechanical aids such as crutches, walkers, and wheelchairs. A person is not deemed nonambulatory solely because he/she is deaf, blind or prefers to use a mechanical aid.(2) "Nutritionist" means a person who has a master's degree in food and nutrition, dietetics, or public health nutrition, or who is employed as a nutritionist by a county health department.(p)(1) "Physician" means a person licensed as a physician by the California Medical Board or by the California Board of Osteopathic Examiners.(2) "Provision" or "Provide" means the licensee shall make available any service, personnel, or meet other requirements, directly or present evidence to the Department that the requirement has been met by some other means.(3) "Provisional License" means a license which is temporary, nonrenewable and issued for a period not to exceed twelve months.(4) "Psychosocial Support Services" means counseling services provided to the resident to enable him/her to accept/acknowledge his/her chronic illness and its probable cause and outcome.(r)(1) "Registered Nurse Case Manager" means the registered nurse who is responsible for coordinating the delivery of services as identified in the Individual Services Plan.(2) "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.(3) "Relative" means the resident's spouse, parent, stepparent, son, daughter, brother, sister, stepbrother, stepsister, 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 after the marriage has been terminated by death or dissolution. Such relationships include kinships formed by birth or adoption.(4) "Resident" means any or all of the following: any adult receiving care and supervision, any emancipated minor receiving care and supervision, and any adult or unemancipated minor in a family unit.(5) "Residential Care Facility for the Chronically Ill" means any place, building, or housing arrangement which is maintained and operated to provide care and supervision to all or any of the following:(A) Adults with HIV disease or AIDS,(B) Emancipated minors with HIV disease or AIDS, or(C) Family units as defined in Section 87801(f)(1) with adults or children or both with HIV disease or AIDS.(s)(1) "Serious Deficiency" means any deficiency that presents an immediate or substantial threat to the physical health, mental health or safety of the residents of Residential Care Facilities for the Chronically Ill.(2) "Shall" means mandatory.(3) "Significant Other" means a person, including a person of the same sex, with whom a resident was sharing a partnership prior to his/her placement in Residential Care Facility for the Chronically Ill. The partnership involves two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring.(4) "Simplified Exemption" means an exemption granted on the Department's own motion, as authorized in Health and Safety Code Section 1568.09(c)(5), if the individual's criminal history meets specific criteria established by Department regulation.(5) "Social Worker" means a person who has a graduate degree from an accredited school of social work or social welfare.(6) "SSI/SSP" means the Supplemental Security Income/State Supplementary Program which is a federal/state program that provides financial assistance to aged, blind and/or disabled residents of California.(7) "Substantial Compliance" means the absence of any serious deficiencies.(8) "Substantiated Complaint" means a complaint which has been investigated by the Department, and as a result, a violation of regulations or statute has been found.(9) "Supervision" means to oversee or direct the activity of a subordinate but does not necessarily require the immediate presence of the supervisor.(10) "Support Staff" means those individuals working in the facility, in an ancillary position, including but not limited to, housekeeper, cook, or maintenance personnel.(t)(1) "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.(2) "Tuberculin Skin Test" means using the Mantoux technique and recording test results in millimeters of induration (swelling).(u)(1) "Unlicensed Residential Care Facility for the Chronically Ill" means a facility is providing or has promised to provide care and supervision, as defined in Subsection (c)(2) above. Examples of unlicensed facilities shall include, but not be limited to, any one of the following circumstances: (A) The facility accepts or retains residents who demonstrate the need for care or supervision, without being licensed as a Residential Care Facility for the Chronically Ill. Such unlicensed facilities shall include, but not be limited to: (1) A facility whose license has been revoked or denied, but the facility continues to provide care for the same residents or different residents with similar needs.(2) A facility where a change of ownership has occurred and the same residents are retained and the new owner has not filed an application for license.(3) A licensed facility which moves to a new location without filing a new application for license.(4) An unlicensed facility which advertises as providing care and/or supervision.(5) A facility with residents requiring care and/or supervision, even though the facility is providing board and room only, or board only, or room only.(6) A facility, where it is apparent that care and/or supervision are being provided by virtue of the resident's needs being met.(2) "Urgent Need" means a situation where prohibiting the operation of the facility would be detrimental to the residents' physical health, mental health, safety, or welfare. Circumstances constituting urgent need include, but are not limited to, the following: (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 a new operator.(v) "Voluntary" means resulting from free will.(w)(1) "Waiver" means a nontransferable written authorization by the Department to use alternative means which meet the intent of a specific regulation and which are based on a facility-wide need or circumstance.(2) "Wound" means a surgical incision, laceration of the skin, Stage I or II decubitus ulcers, skin eruptions or skin lesions.Cal. Code Regs. Tit. 22, § 87801
1. New section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-3-91 as an emergency; operative 12-3-91 (Register 92, No. 9). A Certificate of Compliance must be transmitted to OAL 4-1-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-3-91 order including amendment of section transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. New subsections (c)(10)-(c)(10)(C), (e)(1) and (e)(3), subsection renumbering, and amendment of NOTE filed 6-15-93; operative 7-15-93 (Register 93, No. 25).
5. Amendment of subsection (a)(5), new subsection (f)(1), amendment of subsections (r)(3) and (r)(4), new subsections (r)(4)(A)-(C), and amendment of NOTE filed 11-4-96; operative 12-4-96 (Register 96, No. 45).
6. New subsection (d)(2) and subsection renumbering filed 11-12-98; operative 12-12-98 (Register 98, No. 46).
7. Editorial correction (Register 2002, No. 14).
8. New subsection (a)(8) and amendment of NOTE filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
9. New subsections (c)(10)-(11), (d)(4), (f)(2), (m)(1), (r)(2) and (s)(4) and related subsection renumbering throughout 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.
10. New subsections (c)(10)-(11), (d)(4), (f)(2), (m)(1), (r)(2) and (s)(4) and related subsection renumbering throughout 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.
11. New subsections (c)(10)-(11), (d)(4), (f)(2), (m)(1), (r)(2) and (s)(4) and related subsection renumbering throughout 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.
12. 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).
13. New subsections (c)(10) and (i)(3) and subsection renumbering filed 3-20-2023; operative 7-1-2023 (Register 2023, No. 12). Note: Authority cited: Section 1568.072, Health and Safety Code. Reference: Sections 1568.01, 1568.02, 1568.03, 1568.061, 1568.064, 1568.072 and 1797.196, Health and Safety Code.
1. New section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-3-91 as an emergency; operative 12-3-91 (Register 92, No. 9). A Certificate of Compliance must be transmitted to OAL 4-1-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-3-91 order including amendment of section transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. New subsections (c)(10)-(c)(10)(C), (e)(1) and (e)(3), subsection renumbering, and amendment of Note filed 6-15-93; operative 7-15-93 (Register 93, No. 25).
5. Amendment of subsection (a)(5), new subsection (f)(1), amendment of subsections (r)(3) and (r)(4), new subsections (r)(4)(A)-(C), and amendment of Note filed 11-4-96; operative 12-4-96 (Register 96, No. 45).
6. New subsection (d)(2) and subsection renumbering filed 11-12-98; operative 12-12-98 (Register 98, No. 46).
7. Editorial correction (Register 2002, No. 14).
8. New subsection (a)(8) and amendment of Note filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
9. New subsections (c)(10)-(11), (d)(4), (f)(2), (m)(1), (r)(2) and (s)(4) and related subsection renumbering throughout 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.
10. New subsections (c)(10)-(11), (d)(4), (f)(2), (m)(1), (r)(2) and (s)(4) and related subsection renumbering throughout 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.
11. New subsections (c)(10)-(11), (d)(4), (f)(2), (m)(1), (r)(2) and (s)(4) and related subsection renumbering throughout 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.
12. 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).