Cal. Code Regs. tit. 9 § 10544

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 10544 - Licensing Compliance Reviews

(a) The Department shall review each alcoholism or drug abuse recovery or treatment facility to determine compliance at least once during every period of licensure.

(b) Any authorized employee or agent of the Department may enter and inspect any alcoholism or drug abuse recovery or treatment facility at any reasonable time, upon presentation of proper identification, with or without advance notice, to determine compliance with the provisions of Chapter 7.5 (commencing with Section 11834.01), Part 2, Division 10.5 of the Health and Safety Code and the requirements of this chapter.

(c) The Department may interview residents and/or facility staff in private, and inspect relevant licensee records without the prior consent of the licensee.

(d) At the completion of the compliance review, the reviewer may conduct a face-to-face exit interview with the licensee or his/her designee to discuss any deficiencies noted. If the reviewer does not conduct a face-to-face exit interview, the reviewer shall conduct a telephone interview with the licensee or his/her designee as soon as possible upon conclusion of a site visit and document in the licensing report or notice of deficiency why he/she did not conduct a face-to-face exit interview. A licensing report is issued when there are no deficiencies; a notice of deficiency is issued when there are deficiencies.

(e) The reviewer shall prepare a written notice of deficiency listing all deficiencies.

(f) The notice of deficiency shall specify:

(1) The section number, title, and code of each statute or regulation which has been violated;

(2) The manner in which the licensee failed to comply with a specified statute or regulation, and the particular place or area of the facility in which it occurred;

(3) The date by which each deficiency shall be corrected; and

(4) The amount of civil penalty to be assessed in accordance with Section 10547 and the date the Department shall begin to assess the penalty, if the licensee fails to correct the noticed deficiencies in accordance with the corrective action plan.

(g) The reviewer shall provide the written notice of deficiency to the licensee or his/her designee:

(1) In person before leaving the facility; or

(2) By certified mail, postmarked within ten (10) working days of the completion of the licensing compliance review. If the reviewer mails the notice of deficiency to the licensee, a return receipt shall be requested.

(h) If any Class A deficiencies have been cited, before leaving the facility the reviewer shall provide the written notice of deficiency to the licensee or his/her designee.

(i) The notice of deficiency shall require the licensee to correct deficiencies as specified below:

(1) Class A deficiencies shall be abated or eliminated immediately upon receipt of the notice of deficiency by the licensee or his/her designee of the facility;

(2) Class B deficiencies shall be corrected within thirty (30) days of receipt of the notice of deficiency unless the reviewer determines, based on review, that the deficiency is sufficiently serious to require correction within a shorter period of time. In that event, the reviewer shall explain how the deficiency jeopardizes the health or safety of the residents;

(3) Class C deficiencies shall be corrected within thirty (30) days of receipt of the notice of deficiency, unless the reviewer determines that the deficiency cannot be completely corrected within thirty (30) days. In that event, the reviewer shall specify in the notice of deficiency the time in which the deficiency shall be corrected and the reason why it cannot be corrected within thirty (30) days.

(j) If the licensee or his/her designee refuses to accept receipt of a written notice of deficiency, the date of the notice shall constitute the date of receipt.

Cal. Code Regs. Tit. 9, § 10544

1. Renumbering of former section 10544 to section 10542 and renumbering and amendment of former section 10552 to section 10544 filed 4-18-94; operative 5-18-94 (Register 94, No. 16). For prior history, see Register 93, No. 12.
2. Repealer and new section filed 4-9-97 as an emergency; operative 4-9-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-7-97 or emergency language will be repealed by operation of law on the following day.
3. Change without regulatory effect amending subsection (d)(2) (as it existed prior to emergency repealer filed 4-9-97) submitted to OAL on 3-18-97 and filed 4-28-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 18). This amendment will be inserted in the prior existing text in the event the 4-9-97 emergency language is repealed pursuant to Government Code sections 11346.1 or 11349.6 and prior existing text is reinstated.
4. Repealer and new section refiled 6-16-97 as an emergency; operative 8-7-97 (Register 97, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-5-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-16-97 emergency, including amendment of subsection (d), transmitted to OAL 10-29-97 and filed 12-15-97 (Register 97, No. 51).

Note: Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.01, 11834.35 and 11834.50, Health and Safety Code.