Cal. Code Regs. tit. 22 § 80061

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 80061 - Reporting Requirements

(a) Each licensee or applicant shall furnish to the licensing agency reports as required by the Department, including, but not limited to, those specified in this section.

(b) Upon the occurrence, during the operation of the facility, of any of the events specified in (1) below, a report shall be made to the licensing agency within the agency's next working day during its normal business hours. In addition, a written report containing the information specified in (2) below shall be submitted to the licensing agency within seven days following the occurrence of such event.

(1) Events reported shall include the following:

(A) Death of any client from any cause.

(B) In a residential facility, death of any client as a result of injury, abuse, or other than natural causes, regardless of where the death occurred. This includes a death that occurred outside the facility such as at a day program, workshop, job, hospital, en route to or from a hospital, or visiting away from the facility.

1. The licensee shall obtain a certified copy of the client's death certificate as soon as it is available, maintain it in the client's file, and shall send a copy to the Department as soon as it is obtained.

2. For Regional Center clients, the licensee shall also send a copy of the death certificate to the Regional Center.

(C) In an adult CCF or a Group Home for Children with Special Health Care Needs, the use of an Automated External Defibrillator.

(D) Any injury to any client which requires medical treatment.

(E) Any unusual incident or client absence which threatens the physical or emotional health or safety of any client.

1. For community care facilities that serve children, a pregnancy or termination of a pregnancy does not, in and of itself, constitute an unusual incident unless it meets the criteria specified for mandated reporting in Penal Code section 11166 (a).

(F) Any suspected psychological abuse of any client.

(G) Any suspected physical abuse of any minor.

1. For community care facilities that serve children, a pregnancy or termination of a pregnancy does not, in and of itself, constitute physical abuse of a minor unless it meets the criteria specified for mandated reporting in Penal Code section 11166 (a).

(H) Epidemic outbreaks.

(I) Poisonings.

(J) Catastrophes.

(K) Fires or explosions which occur in or on the premises.

(2) Information provided shall include the following:

(A) Client's name, age, sex, and date of admission.

(B) Date and nature of event.

(C) Attending physician's name, findings, and treatment, if any.

(D) Disposition of the case.

(c) Any suspected physical abuse that results in serious bodily injury of an elder or dependent adult shall be reported to the local ombudsman, the corresponding licensing agency, and the local law enforcement agency within two (2) hours as required by Welfare and Institutions Code Section 15630(b)(1).

(d) Any suspected physical abuse that does not result in serious bodily injury of an elder or dependent adult shall be reported to the local ombudsman, the corresponding licensing agency, and the local law enforcement agency within twenty-four (24) hours as required by Welfare and Institutions Code Section 15630(b)(1).

(e) The items below shall be reported to the licensing agency within 10 working days following the occurrence.

(1) The organizational changes specified in section 80034(a)(2).

(2) Any change in the licensee's or applicant's mailing address.

(3) Any change of the chief executive officer of a corporation or association.

(A) Such notification shall include the new chief executive officer's name and address.

(B) Fingerprints shall be submitted as specified in section 80019(d).

(4) Any changes in the plan of operation which affect the services to clients.

(f) The items specified in (b)(1)(A) through (H) above shall also be reported to the client's authorized representative, if any.

(g) The items specified in (b)(1)(E) through (G) above shall also be reported to the local health officer when appropriate pursuant to title 17, California Code of Regulations, sections 2500 and 2502.

(h) The item specified in (b)(1)(H) shall also be reported immediately to the local fire authority. In areas not having organized fire services a report shall be made to the State Fire Marshal within 24 hours.

(i) Licensees shall send copies of all substantiated complaints to board members of the licensed facility, parents, legal guardians, conservators, client rights advocates or placement agencies, as designated in each client's placement agreement in accordance with Health and Safety Code section 1538.5.

Cal. Code Regs. Tit. 22, § 80061

Note: Authority cited: Sections 1530 and 1538.5, Health and Safety Code. Reference: Sections 1501, 1507, 1531, 1538.5, 1538.55 and 1797.196, Health and Safety Code; Section 11166, Penal Code; and Section 15630, Welfare and Institutions Code.

1. Amendment of subsection (c)(1) filed 12-22-87; operative 1-21-88 (Register 88, No. 2).
2. New subsection (g) filed 3-24-89; operative 4-23-89 (Register 89, No. 15).
3. Change without regulatory effect amending lettering and correcting cross-references filed 5-25-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 28).
4. New subsections (d)-(d)(4), subsection relettering and amendment of 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.
5. New subsections (d)-(d)(4), subsection relettering and amendment of 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.
6. New subsections (d)-(d)(4), subsection relettering and amendment of 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.
7. New subsections (d)-(d)(4), subsection relettering and amendment of 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.
8. Certificate of Compliance as to 1-26-98 order transmitted to OAL 2-6-98; disapproved 3-23-98 (Register 98, No. 13).
9. New subsections (d)-(d)(4), subsection relettering and amendment of 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.
10. Certificate of Compliance as to 3-23-98 order, including further amendment of section, transmitted to OAL 7-21-98 and filed 9-1-98; amendments operative per agency request 10-1-98 (Register 98, No. 36).
11. Amendment of subsection (h) filed 10-4-2000; operative 11-3-2000 (Register 2000, No. 40).
12. New subsection (b)(1)(C), subsection relettering and amendment of Note filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
13. Amendment of subsection (b)(1)(B) filed 8-9-2002; operative 9-8-2002 (Register 2002, No. 32).
14. Amendment of subsection (c)(3)(B) 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.
15. Amendment of subsection (c)(3)(B) 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.
16. Amendment of subsection (c)(3)(B) 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.
17. Certificate of Compliance as to 3-11-2004 order transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
18. Change without regulatory effect amending subsection (b)(1)(F), adopting new subsections (b)(1)(G), (c) and (d), relettering subsections and amending Note filed 5-2-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 18).
19. New subsections (b)(1)(E)1. and (b)(1)(G)1., amendment of subsection (g) and amendment of Note filed 6-9-2022; operative 10/1/2022 (Register 2022, No. 23). 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.
20. Amendment of subsection (b)(1)(C) and amendment of Note filed 4-27-2023 as an emergency; operative 4/27/2023 (Register 2023, No. 17). A Certificate of Compliance must be transmitted to OAL by 10-24-2023 or emergency language will be repealed by operation of law on the following day.
21. Amendment of subsection (b)(1)(C) and amendment of NOTE refiled 10-17-2023 as an emergency; operative 10/24/2023 pursuant to Government Code section 11346.1(d) (Register 2023, No. 42). Pursuant to Health and Safety Code section 1567.51(c)(2)(B), this regulatory action and its first readoption are deemed to be an emergency and are exempt from review by OAL and remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 4-22-2024 or emergency language will be repealed by operation of law on the following day.
22. Certificate of Compliance as to 10-17-2023 order transmitted to OAL 11-30-2023 and filed 1/11/2024 (Register 2024, No. 2).