Section 85001 - DefinitionsIn addition to Section 80001, the following shall apply.
(a)(1) "Adult protective services agency" means a county welfare department, as defined in Welfare and Institutions Code Section 15610.13.(2) "Advance Health Care Directive" means a written instruction that relates to the provision of health care when the individual is incapacitated. An Advance Health Care Directive includes, but is not limited to, a Power of Attorney for Health Care; an Individual Health Care Instruction; a Request to Forego Resuscitative Measures; or a Do-Not-Resuscitate form. In this written instruction, 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.(3) "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.(4) "Appropriately Skilled Professional" means an individual that has training and is licensed to perform the necessary medical procedures prescribed by a physician. This term 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 adult residential facilities.(c)(1) "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 an adult residential facility.(2) "Certified administrator" means a person who has been issued an Administrator Certification by the Department and whose certification is current.(3) "Classroom Hour" means fifty (50) to sixty (60) minutes of classroom instruction within a 60-minute period. No credit is given for meal breaks.(4) "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.(5) "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.(6) "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.(7) "Contagious disease" means an illness capable of being transmitted from one human to another human via direct or indirect contact.(8) "Continuing Education Training Program Vendor" means a vendor approved by the Department to provide Continuing Education training courses to adult residential facility administrators and certificate holders to qualify them for renewal of their adult residential facility administrator certificate.(9) "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.(d)(1) "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 client or, in certain instances, a client's Health Care Surrogate Decision Maker, and by a physician, alert pre-hospital emergency medical services personnel to the client's wish to forego resuscitative measures in the event of the client's cardiac or respiratory arrest.(f)(1) "Facility Hospice Care Waiver" means a waiver, as required by Health and Safety Code section 1507.3, from the limitation on acceptance or retention of clients who have been diagnosed as terminally ill, if that person has obtained the services of a hospice agency certified in accordance with federal Medicare conditions of participation and licensure as defined. This waiver granted by the Department will permit the licensee to accept or retain a designated maximum number of terminally ill clients who are receiving services from a Hospice Agency. The waiver will apply only to those existing or prospective clients who are receiving hospice care in compliance with a Hospice Care Plan meeting the requirements of Section 85075.1.(h)(1) "Health Care Provider" means that person or persons described in Probate Code Section 4621.(2) "Health Care Surrogate Decision Maker" means an individual who participates in health care decision-making on behalf of an incapacitated client. This individual may be formally appointed (e.g., by the client in an Advance Health Care Directive or by a court in a conservatorship proceeding) or be recognized by virtue of a relationship with the client (e.g., the client's next of kin). The licensee or any staff member of the facility shall not be appointed by any client to be a Health Care Surrogate Decision Maker.(3) "Hospice or Hospice Agency" means an entity that provides hospice services to terminally ill persons. This entity is Medicare certified and holds either a Hospice license or a Home Health Agency license from the California Department of Health Services. The definition includes any organization(s), appropriately skilled professional(s), or other professional person(s) or entity(ies) that are subcontracted by the hospice to provide services to the client. The hospice agency providing services in an Adult Residential Facility shall not subcontract with the licensee or any facility staff for the provision of services.(4) "Hospice Care Plan" means the hospice's written plan of care for a terminally ill client. The hospice shall retain overall responsibility for the development and maintenance of the plan and quality of hospice services delivered.(i)(1) "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.(2) "Initial Certification Training Program Vendor" means a vendor approved by the Department to provide the initial thirty-five (35) hour certification training program to persons who do not possess a valid adult residential facility administrator certification.(l)(1) "Licensed Mental Health Professional" means a licensed clinical psychologist; a psychiatrist; a licensed clinical social worker; or a licensed marriage, family and child counselor.(n)(1) "Needs and Services Plan" means a written plan that identifies the specific needs of an individual client, including those items specified in Sections 80068.2 and 85068.2, and delineates those services necessary to meet the client's identified needs.(t)(1) "Terminally Ill Client" means a client who has a prognosis by his/her attending physician that the client's life expectancy is six months or less if his/her illness or condition runs its normal course.(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 and/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 and/or a Continuing Education Training Program.Cal. Code Regs. Tit. 22, § 85001
1. Amendment of section and NOTE filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New subsection (c)(1) filed 12-29-95 as an emergency; operative 1-1-96. Certificate of Compliance as to 12-29-95 order filed 6-10-96; operative 6-10-96. Submitted to OAL for printing only pursuant to Government Code section 11343.8 and filed 4-23-97 (Register 97, No. 17).
3. Editorial correction restoring inadvertently omitted text (Register 97, No. 21).
4. Amendment of section and NOTE refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and NOTE refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section and NOTE refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
8. Amendment of section and NOTE refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 3-23-98 order, including new subsection (l)(1), amendment of subsection (n)(1) and amendment of NOTE, transmitted to OAL 7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
10. New subsections (c)(1) and (c)(3)-(7), subsection renumbering, new subsections (i)(1)-(2), (r)(1) and (v)(1)-(2) and amendment of NOTE filed 1-5-2001; operative 1-5-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 1).
11. New subsection (a)(1) 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.
12. Certificate of Compliance as to 10-25-2001 order transmitted to OAL 2-22-2002 and filed 4-8-2002 (Register 2002, No. 15).
13. New subsections (a)(2)-(4), (d)(1), (f)(1), (h)(1)-(4) and (t)(1) and amendment of NOTE filed 12-17-2003; operative 1-16-2004 (Register 2003, No. 51).
14. Amendment of subsection (f)(1) and NOTE filed 11-10-2014; operative 1-1-2015 (Register 2014, No. 46).
15. Amendment of subsection (c)(3), new subsection (c)(4), subsection renumbering, repealer of subsections (i)(2) and (r)(1) and amendment of NOTE filed 12-30-2015; operative 1-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 1).
16. New subsections (c)(7) and (i)(1) and subsection renumbering filed 3-20-2023; operative 7-1-2023 (Register 2023, No. 12). Note: Authority cited: Sections 1530 and 1562.3(i), Health and Safety Code. Reference: Sections 1501, 1502.2, 1507, 1530, 1531 and 1562.3, Health and Safety Code; Section 15610.13, Welfare and Institutions Code and Sections 1800, 4605 and 4753, Probate Code.
1. Amendment of section and Note filed 1-31-97 as an emergency; operative 2-1-97 (Register 97, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-2-97 or emergency language will be repealed by operation of law on the following day.
2. New subsection (c)(1) filed 12-29-95 as an emergency; operative 1-1-96. Certificate of Compliance as to 12-29-95 order filed 6-10-96; operative 6-10-96. Submitted to OAL for printing only pursuant to Government Code section 11343.8 and filed 4-23-97 (Register 97, No. 17).
3. Editorial correction restoring inadvertently omitted text (Register 97, No. 21).
4. Amendment of section and Note refiled 5-21-97 as an emergency; operative 6-1-97 (Register 97, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-29-97 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and Note refiled 9-29-97 as an emergency; operative 9-29-97 (Register 97, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-27-98 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section and Note refiled 1-26-98 as an emergency; operative 1-27-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-27-98 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
8. Amendment of section and Note refiled 3-23-98 as an emergency; operative 3-23-98 (Register 98, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-21-98 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 3-23-98 order, including new subsection (l)(1), amendment of subsection (n)(1) and amendment of Note, transmitted to OAL 7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
10. New subsections (c)(1) and (c)(3)-(7), subsection renumbering, new subsections (i)(1)-(2), (r)(1) and (v)(1)-(2) and amendment of Note filed 1-5-2001; operative 1-5-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 1).
11. New subsection (a)(1) 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.
12. Certificate of Compliance as to 10-25-2001 order transmitted to OAL 2-22-2002 and filed 4-8-2002 (Register 2002, No. 15).
13. New subsections (a)(2)-(4), (d)(1), (f)(1), (h)(1)-(4) and (t)(1) and amendment of Note filed 12-17-2003; operative 1-16-2004 (Register 2003, No. 51).
14. Amendment of subsection (f)(1) and Note filed 11-10-2014; operative 1/1/2015 (Register 2014, No. 46).
15. Amendment of subsection (c)(3), new subsection (c)(4), subsection renumbering, repealer of subsections (i)(2) and (r)(1) and amendment of Note filed 12-30-2015; operative 1/1/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 1).