Section 86044 - Inspection Authority of the Licensing Agency(a) The licensing agency shall have the inspection authority specified in Health and Safety Code Sections 1526.5, 1533, 1534, 1538 and 1538.7.(b) The licensing agency shall have the authority to interview participants, including children, or staff members without prior consent. (1) The licensee shall ensure that provisions are made for private interviews with any participants, including children, or any staff members.(c) The licensing agency has the authority to inspect the administrative office, sub-administrative office, the THPP participant living units, and the THPP staff residential units that also house or allow access to THPP participants, in compliance with Health and Safety Code Sections 1533, 1534 and 1538.(d) The licensing agency shall have the authority to inspect, audit, and copy participant or facility records upon demand during normal business hours. Records may be removed if necessary for copying. Removal of records shall be subject to the requirements specified in Sections 86066(c) and 86070(e). (1) The licensee shall ensure that provisions are made for the examination of all records relating to the operation of the facility.(e) The licensing agency shall have the authority to observe the physical condition of the participant, including conditions that could indicate abuse, neglect, or inappropriate placement, and to have a licensed medical professional physically examine the participant.Cal. Code Regs. Tit. 22, § 86044
1. New article 4 (sections 86044-86045) and section filed 10-27-2003 as an emergency; operative 10-27-2003 (Register 2003, No. 44). Pursuant to section 13 of Assembly Bill No. 427 (Stats. 2001, ch. 125) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 4-26-2004 or emergency language will be repealed by operation of law on the following day.
2. New article 4 (sections 86044-86045) and section refiled 4-26-2004 as an emergency; operative 4-26-2004 (Register 2004, No. 18). Pursuant to section 13 of Assembly Bill No. 427 (Stats. 2001, ch. 125) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 10-25-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-26-2004 order transmitted to OAL 9-22-2004 and filed 11-4-2004 (Register 2004, No. 45).
4. Change without regulatory effect amending section and NOTE filed 9-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Note: Authority cited: Sections 1530 and 1559.110, Health and Safety Code. Reference: Sections 1501, 1509, 1526.5, 1531, 1533, 1534, 1538 and 1538.7, Health and Safety Code.
1. New article 4 (sections 86044-86045) and section filed 10-27-2003 as an emergency; operative 10-27-2003 (Register 2003, No. 44). Pursuant to section 13 of Assembly Bill No. 427 (Stats. 2001, ch. 125 ) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 4-26-2004 or emergency language will be repealed by operation of law on the following day.
2. New article 4 (sections 86044-86045) and section refiled 4-26-2004 as an emergency; operative 4-26-2004 (Register 2004, No. 18). Pursuant to section 13 of Assembly Bill No. 427 (Stats. 2001, ch. 125 ) this regulatory action and its first readoption are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare, exempt from review by OAL, and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 10-25-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-26-2004 order transmitted to OAL 9-22-2004 and filed 11-4-2004 (Register 2004, No. 45).
4. Change without regulatory effect amending section and Note filed 9-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 38). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.