Cal. Code Regs. tit. 22 § 81022

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 81022 - Plan of Operation
(a) Each licensee shall have and maintain on file a current, written, definitive plan of operation.
(b) The plan and related materials shall contain the following:
(1) Statement of purposes, and program methods and goals.
(2) Statement of admission policies and procedures regarding admission of clients.
(3) A copy of the admission agreement.
(4) Administrative organization, if applicable.
(5) Staffing plan, qualifications and duties, if applicable.
(6) Plan for inservice education of staff if required by regulations governing this chapter.
(7) A sketch of the building(s) to be occupied, including a floor plan which describes the capacities of the buildings for the uses intended, room dimensions, and a designation of the rooms to be used for nonambulatory clients, if any.
(8) A sketch of the grounds showing buildings, driveways, fences, storage areas, pools, gardens, recreation areas and other space used by the clients.
(A) The sketches specified in Section 81022(b)(7) and (b)(8) shall include the dimensions of all areas which will be used by the clients.
(9) Sample menus and a schedule for one calendar week indicating the time of day that meals and snacks are to be served.
(10) Transportation arrangements for clients who do not have independent arrangements.
(11) Rate setting policy including, but not limited to, policy on refunds.
(12) A statement indicating whether or not the licensee will handle the clients' money, personal property, and/or valuables. If money, personal property, and/or valuables will be handled, the method for safeguarding shall ensure compliance with Sections 81025 and 81026.
(13) Consultant and community resources to be utilized by the facility as part of its program.
(14) A statement of the facility's policy concerning family visits and other communications with the client pursuant to Health and Safety Code section 1512.
(15) A statement that specifies the maximum length of treatment for the clients, which shall not exceed 18 months.
(16) Written evidence of arrangements for any consultants and community resources which are to be utilized in the facility's plan of operation or to meet regulatory requirements.
(17) Provisions for ensuring that food service requirements (Section 81076) and building and grounds requirements (Section 81087) shall continue to be met when the clients are unable or unwilling to perform these functions as a part of their treatment plans.
(18) A written plan for the supervision and training of staff as required by Section 81065(q).
(19) A written staff continuing education plan which meets the requirements of Section 81065(r).
(20) A written plan for managing client psychiatric crises, including procedures for facility staff intervention and for securing assistance from local psychiatric emergency response agencies.
(21) A current, valid program certification by the Department of Health Care Services.
(22) A written plan for training clients to store and manage their own medications, when appropriate, pursuant to Sections 81075(o) through (o)(4)(E).
(23) A written plan for the storage of cleaning supplies, cleaning solutions and disinfectants, as required in Section 81087 (l).
(A) The written plan shall also include when and how these items may be made available to clients pursuant to Sections 81087(n) and 81068.2(b)(6).
(24) The plan of operation shall contain the Infection Control Plan pursuant to Section 81095.5(c).
(c) In addition to Sections 81022(a) and (b) above, any facility with a certified Long-Term Residential Treatment Program shall submit the following information to the licensing agency:
(A) The certification document shall contain the information required in Section 81018.
(1) The treatment program which shall include those services specified in Section 81001 (l)(5).
(d) In addition to Sections 81022(a) and (b) above, any facility with a certified Short-Term Crisis Residential Program shall submit the following information to the licensing agency:
(1) The treatment program, which shall include those services specified in Section 81001(s)(2).
(e) In addition to Sections 81022(a) and (b) above, any facility with a certified Transitional Residential Program shall submit the following information to the licensing agency:
(1) The treatment program which shall include those services specified in Section 8100(t)(1).
(f) If the licensee intends to admit or care for one or more clients who have a restricted health condition as specified in Section 81092, the facility policies and a program description shall be included. At a minimum, the information related to those clients and their needs shall specify all of the following:
(1) The type of restricted health condition that the licensee plans to admit.
(2) The licensee's plans for serving that client.
(A) If the licensee plans to admit or care for one or more clients who have a staph or other serious, communicable infection, the plan must include:
1. A statement that all staff will receive training in Infection Control Requirements, pursuant to Section 81095.5 within the first 10 days of employment, and before providing care to clients.
2. A statement of how the licensee will ensure that the training is obtained, and the name and qualifications of the person or organization that will provide the training.
(3) The services that will be provided.
(4) Staffing adjustments if needed in order to provide the proposed services.
(A) This may include increased staffing, hiring staff with additional or different qualifications, utilizing licensed professionals as consultants, or hiring licensed professionals.
(g) If the licensee intends to admit or care for one or more clients who rely upon others to perform all activities of daily living, the plan of operation must also include a statement that demonstrates the licensee's ability to care for these clients. The evidence of ability may include, but not be limited to:
(1) The licensee's experience in providing care to these clients.
(2) The licensee's experience providing care to a family member with this condition.
(3) The licensee's plan to hire staff who have experience providing care to these clients, and documentation of what the staff person's experience has been.
(4) Documentation of training the licensee and/or staff have completed specific to the needs of these clients.
(5) History of continued placements by a regional center.
(h) In addition to Section 81022(b)(20), if the licensee intends to admit and/or specialize in care for one or more clients who has a propensity for behaviors that result in harm to self or others, the facility plan of operation shall include a description of precautions that will be taken to protect that client and all other clients.
(i) Any changes in the plan of operation which affect the services to clients shall be subject to licensing agency approval and shall be reported as specified in Section 81061.
(j) The facility shall operate in accordance with the terms specified in the plan of operation and may be cited for not doing so.

Cal. Code Regs. Tit. 22, § 81022

1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. 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).
3. Editorial correction of printing error in subsection (a)(3) (Register 91, No. 32).
4. Change without regulatory effect amending section and NOTE filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).
5. Amendment of subsections (b)(2), (b)(8)(A) and (b)(12), new subsections (b)(22)-(b)(23)(A) and amendment of subsections (c), (d), (e) and (h) filed 9-7-2017; operative 9-7-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 36).
6. New subsection (b)(24) and amendment of subsection (f)(2)(A)1. filed 2-7-2022 as an emergency; operative 2-7-2022 (Register 2022, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be repealed by operation of law on the following day.
7. New subsection (b)(24) and amendment of subsection (f)(2)(A)1. refiled 8-8-2022 as an emergency; operative 8-8-2022 (Register 2022, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2022 or emergency language will be repealed by operation of law on the following day.
8. New subsection (b)(24) and amendment of subsection (f)(2)(A)1. refiled 11-7-2022 as an emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed 3-20-2023 (Register 2023, No. 12).

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670 and 5671, Welfare and Institutions Code; and Sections 1501, 1502(a)(7), 1507, 1512, 1520 and 1531, Health and Safety Code.

1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. 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).
3. Editorial correction of printing error in subsection (a)(3) (Register 91, No. 32).
4. Change without regulatory effect amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).
5. Amendment of subsections (b)(2), (b)(8)(A) and (b)(12), new subsections (b)(22)-(b)(23)(A) and amendment of subsections (c), (d), (e) and (h) filed 9-7-2017; operative 9/7/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 36).
6. New subsection (b)(24) and amendment of subsection (f)(2)(A)1. filed 2-7-2022 as an emergency; operative 2/7/2022 (Register 2022, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be repealed by operation of law on the following day.
7. New subsection (b)(24) and amendment of subsection (f)(2)(A)1. refiled 8-8-2022 as an emergency; operative 8/8/2022 (Register 2022, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2022 or emergency language will be repealed by operation of law on the following day.
8. New subsection (b)(24) and amendment of subsection (f)(2)(A)1. refiled 11-7-2022 as an emergency; operative 11/7/2022 (Register 2022, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed 3/20/2023 (Register 2023, No. 12).