CALIFORNIA CODE OF REGULATIONS - State of California

§ 79579 CALIFORNIA CODE OF REGULATIONS
Page 668
§ 79579. Unit Health Records.
Unit health records means a patient’s health record that includes all
records of care and treatment rendered to an inmate–patient.
NOTE: Authority cited: Sections 208(a) and 1267.10(l), Health and
Safety Code. Reference: Sections 1250(j) and 1254, Health and Safety
Code.
Article 2.
Licensing and Inspection
§ 79581. Application Required.
(a) An application shall be submitted to the Department for a
license to operate a correctional treatment center.
(b) The licensee shall submit an application for a corrected license
to the Department when any of the following occur:
(1) Construction of a new or replacement correctional treatment
center.
(2) Increase or decrease in licensed bed capacity.
(3) Change of license category.
(4) Change of name of correctional institution or detention facility
within whose administration the correctional treatment center is
established and licensed.
(5) Change of location of correctional treatment center.
(6) Change in bed classification.
(c) All applicants for an initial or renewal license shall provide to
the Department, as part of the application, a detailed written list of the
services to be offered or provided by the correctional treatment center.
In the case of application for renewal license, the list shall include all
proposed modifications to existing approved treatment services.
(d) If the Department denies the initial application for a license or
a renewal of a license, the Department shall notify the applicant in
writing, specifying the reasons for the denial.
(e) Within twenty (20) days of receipt of the Department’s notice
of denial, the licensee or applicant may present to the Department a
written request for an informal hearing to decide the issue of whether
or not the Department properly denied the applicant’s initial or
renewal application. The informal hearing shall be held by the
Department as soon as possible, but not later than thirty (30) calendar
days after the Department’s receipt of the applicant’s or licensee’s
written request. The licensee or applicant may request a formal
administrative adjudication pursuant to Health and Safety Code
Section 1269.
(f) The provisions of this article do not apply to any facility in
which the services provided consist only of emergency stabilization
pending transfer to another licensed health facility, or limited health
care services that would normally be provided in the home under the
care of a physician.
NOTE: Authority cited: Sections 208(a) and 1267.10(a), Health and
Safety Code. Reference: Sections 1250(j) and 1254, Health and Safety
Code.
§ 79583. Safety, Zoning, and Building Clearance.
(a) A license shall not be issued to any correctional treatment center
that does not conform to the State Fire Marshal’s requirements for fire
and life safety, California Code of Regulations, Title 19, Division 1,
commencing with Section 1.03 and the California Code of
Regulations, Title 24, Parts 2, 3, 4, 5, 9 and 12, and local fire safety,
zoning and building ordinances. Evidence of compliance with these
requirements shall be presented to the Department in writing.
(b) It shall be the responsibility of the licensee to maintain the
correctional treatment center in a safe structural condition. If the
Department determines that an evaluation of the structural condition
of a correctional treatment center is necessary, the licensee may be
required to submit a report, prepared by a licensed structural engineer,
establishing a basis for eliminating or correcting the structural
conditions which are found to be hazardous to occupants.
NOTE: Authority cited: Sections 208(a) and 1267.10(a), Health and
Safety Code. Reference: Sections 1250(j) and 1254, Health and Safety
Code.
§ 79585. Issuance, Expiration, and Renewal.
(a) Each license shall expire at 11:59 p.m. on the date of expiration.
(b) Each initial license issued pursuant to this chapter shall expire
twelve (12) months from the date of its issuance and shall expire on
the expiration date of the license. Application for renewal of a license
or special permit fee shall be filed with the Department not less than
thirty (30) days prior to the expiration date. Failure to make a timely
renewal shall result in expiration of the license or special permit.
(c) A renewal license may be issued for a period not to exceed two
years if the holder of the license or special permit has been found in
substantial compliance with all statutory requirements, regulations or
standards during the preceding license period.
NOTE: Authority cited: Sections 208(a), 1267 and 1267.10(a), Health
and Safety Code. Reference: Sections 1250(j), 1254 and 1267, Health
and Safety Code.
§ 79587. Separate License.
(a) Separate licenses shall be required for each correctional
treatment center except for the California Medical Facility, the
California Men’s Colony, and the California Institution for Men,
which are exempted by Section 1250(j)(5) of the Health and Safety
Code.
(b) Separate licenses shall not be required for separate buildings on
the grounds of the correctional treatment center, provided that they
operate as one correctional treatment center.
NOTE: Authority cited: Sections 208(a) and 1267.10(a), Health and
Safety Code. Reference: Sections 1250(j) and 1254, Health and Safety
Code.
§ 79589. Posting of License and Patient Information.
(a) The license, or a true copy thereof, shall be posted in a
prominent location within the licensed premises and be accessible to
view.
(b) Any approval of program flexibility, granted and written by the
Department, shall be available for inspection within the correctional
treatment center.
(c) The following information shall be available within the
correctional treatment center.
(1) The name of the current administrator of the facility.
(2) The most recent licensing survey report and the facility’s plans
of correction, and if applicable, any subsequent licensing visit reports.
(3) The name, address, and telephone number of the district office
of Licensing and Certification, State Department of Health Services,
having jurisdiction over the facility.
NOTE: Authority cited: Sections 208(a) and 1267.10(a), Health and
Safety Code. Reference: Sections 1250(j) and 1254, Health and Safety
Code.
§ 79591. Report of Changes.
The licensee shall notify the Department within ten (10) days, in
writing, of any of the following:
(a) Any change of clinical director, nursing director, or
administrator of the correctional treatment center.
(b) Any change in the mailing address of the licensee.
NOTE: Authority cited: Sections 208(a) and 1267.10(a), Health and
Safety Code. Reference: Sections 1250(j) and 1254, Health and Safety
Code.
§ 79593. Program Flexibility.
(a) All correctional treatment centers shall maintain compliance
with the licensing requirements. These requirements do not prohibit
the use of alternate concepts, methods, procedures, techniques,
equipment, personnel qualifications or the conducting of pilot
projects, provided such exceptions are carried out with the provisions
for safe and adequate care and with the prior written approval of the
Department. Such approval shall provide for the terms and conditions
under which the exception is granted. A written request and
substantiating evidence supporting the request shall be submitted by
the applicant or licensee to the Department.
(b) Any approval of the Department granted under this Section, or