2005 California Health and Safety Code Sections 1569.60-1569.681 Article 6. Other Provisions

HEALTH AND SAFETY CODE
SECTION 1569.60-1569.681

1569.60.  (a) The director shall require as a condition precedent to
the issuance of any license for a residential care facility for the
elderly, if the licensee handles or will handle any money of a person
within the facility, that the applicant for the license file or have
on file with the department a bond issued by a surety company
admitted to do business in this state in a sum to be fixed by the
department based upon the magnitude of the operations of the
applicant, but which sum shall not be less than one thousand dollars
($1,000), running to the State of California and conditioned upon his
or her faithful and honest handling of the money of persons within
the facility.
   (b) The failure of any licensee under this chapter to maintain on
file with the state department a bond in the amount prescribed by the
director or who embezzles the trust funds of a person in the
facility shall constitute cause for the revocation of the license.
   (c) The provisions of this section shall not apply if the licensee
handles moneys of persons within the residential care facility for
the elderly in amounts less than fifty dollars ($50) per person and
less than five hundred dollars ($500) for all persons in any month.
1569.601.  The director may grant a partial or total variance from
the bonding requirements of Section 1569.60 for any residential care
facility for the elderly if he or she finds that compliance with them
is so onerous that a residential care facility for the elderly will
cease to operate, and if he or she also finds that money of the
persons received or cared for in the facility has been, or will be,
deposited in a bank in this state, in a trust company authorized to
transact a trust business in this state, or in a savings and loan
association in this state, upon condition that the money may not be
withdrawn except on authorization of the guardian or conservator of
the person.
1569.61.  The department shall develop and maintain at each district
office a file for each facility in that district, containing all
documents regarding the facility that were received or created by the
department on or after January 1, 1999, and that are not
confidential under other provisions of law.  This file shall be
available immediately upon the request of any consumer who shall have
the right to obtain copies of documents from the file upon the
payment of a reasonable charge for the copies.
1569.613.  Any person who becomes an administrator of a residential
care facility for the elderly on or after January 1, 1992, shall, at
a minimum, comply with all of the following:
   (a) Be at least 21 years of age.
   (b) Have a valid certificate as an administrator of a residential
care facility for the elderly as required by Section 1569.616, or
have submitted the documentation required to obtain a certificate
pursuant to subdivision (d) of Section 1569.616.
   (c) Have a high school diploma or pass a general educational
development test as described in Article 3 (commencing with Section
51420) of Chapter 3 of Part 28 of the Education Code.
   (d) Obtain criminal record clearance as provided for in Sections
1569.17 and 1569.171.
1569.616.  (a) (1) An administrator of a residential care facility
for the elderly shall be required to successfully complete a
department approved certification program prior to employment.
   (2) In those cases where the individual is both the licensee and
the administrator of a facility, or a licensed nursing home
administrator, the individual shall comply with the requirements of
this section unless he or she qualifies for one of the exemptions
provided for in subdivision (b).
   (3) Failure to comply with this section shall constitute cause for
revocation of the license of the facility where an individual is
functioning as the administrator.
   (4) The licensee shall notify the department within 30 days of any
change in administrators.
   (b) Individuals seeking exemptions under paragraph (2) of
subdivision (a) shall meet the following criteria and fulfill the
required portions of the certification program, as the case may be:
   (1) An individual designated as the administrator of a residential
care facility for the elderly who holds a valid license as a nursing
home administrator issued in accordance with Chapter 2.35
(commencing with Section 1416) of Division 2 of the Health and Safety
Code shall be required to complete the areas in the uniform core of
knowledge required by this section that pertain to the law,
regulations, policies, and procedural standards that impact the
operations of residential care facilities for the elderly, the use,
misuse, and interaction of medication commonly used by the elderly in
a residential setting, and resident admission, retention, and
assessment procedures, equal to 12 hours of classroom instruction. An
individual meeting the requirements of this paragraph shall not be
required to take a written test.
   (2) In those cases where the individual was both the licensee and
administrator on or before July 1, 1991, the individual shall be
required to complete all the areas specified for the certification
program, but shall not be required to take the written test required
by this section. Those individuals exempted from the written test
shall be issued a conditional certification that is valid only for
the administrator of the facility for which the exemption was
granted.
   (A) As a condition to becoming an administrator of another
facility, the individual shall be required to pass the written test
provided for in this section.
   (B) As a condition to applying for a new facility license, the
individual shall be required to pass the written test provided for in
Section 1569.23.
   (c) (1) The administrator certification program shall require a
minimum of 40 hours of classroom instruction that provides training
on a uniform core of knowledge in each of the following areas:
   (A) Laws, regulations, and policies and procedural standards that
impact the operations of residential care facilities for the elderly.
   (B) Business operations.
   (C) Management and supervision of staff.
   (D) Psychosocial needs of the elderly.
   (E) Community and support services.
   (F) Physical needs for elderly persons.
   (G) Use, misuse, and interaction of medication commonly used by
the elderly.
   (H) Resident admission, retention, and assessment procedures.
   (I) Training focused specifically on serving clients with
dementia. This training shall be for at least four hours.
   (2) Individuals applying for certification under this section
shall successfully complete an approved certification program, pass a
written test administered by the department within 60 days of
completing the program, and submit the documentation required by
subdivision (d) to the department within 30 days of being notified of
having passed the test. The department may extend these time
deadlines for good cause. The department shall notify the applicant
of his or her test results within 30 days of administering the test.
   (d) The department shall not begin the process of issuing a
certificate until receipt of all of the following:
   (1) A certificate of completion of the administrator training
required pursuant to this chapter.
   (2) The fee required for issuance of the certificate. A fee of one
hundred dollars ($100) shall be charged by the department to cover
the costs of processing the application for certification.
   (3) Documentation of passing the written test or of qualifying for
an exemption pursuant to subdivision (b).
   (4) Submission of fingerprints. The department and the Department
of Justice shall expedite the criminal record clearance for holders
of certificates of completion. The department may waive the
submission for those persons who have a current criminal record
clearance on file.
   (e) It shall be unlawful for any person not certified under this
section to hold himself or herself out as a certified administrator
of a residential care facility for the elderly. Any person willfully
making any false representation as being a certified administrator is
guilty of a misdemeanor.
   (f) (1) Certificates issued under this section shall be renewed
every two years and renewal shall be conditional upon the certificate
holder submitting documentation of completion of 40 hours of
continuing education related to the core of knowledge specified in
paragraph (1) of subdivision (c). No more than one-half of the
required 40 hours of continuing education necessary to renew the
certificate may be satisfied through online courses. For purposes of
this section, individuals who hold a valid license as a nursing home
administrator issued in accordance with Chapter 2.35 (commencing with
Section 1416) of Division 2 of the Health and Safety Code and meet
the requirements of paragraph (1) of subdivision (b) shall only be
required to complete 20 hours of continuing education.
   (2) Every certified administrator of a residential care facility
for the elderly is required to renew his or her certificate and shall
complete the continuing education requirements of this subdivision
whether he or she is certified according to subdivision (a) or (b).
At least eight hours of the 40-hour continuing education requirement
for a certified administrator of a residential care facility for the
elderly shall include instruction on serving clients with dementia,
including, but not limited to, instruction related to direct care,
physical environment, and admissions procedures and assessment.
   (3) Certificates issued under this section shall expire every two
years, on the anniversary date of the initial issuance of the
certificate, except that any administrator receiving his or her
initial certification on or after January 1, 1999, shall make an
irrevocable election to have his or her recertification date for any
subsequent recertification either on the date two years from the date
of issuance of the certificate or on the individual's birthday
during the second calendar year following certification. The
department shall send a renewal notice to the certificate holder 90
days prior to the expiration date of the certificate. If the
certificate is not renewed prior to its expiration date,
reinstatement shall only be permitted after the certificate holder
has paid a delinquency fee equal to three times the renewal fee and
has provided evidence of completion of the continuing education
required.
   (4) To renew a certificate, the certificate holder shall, on or
before the certificate expiration date, request renewal by submitting
to the department documentation of completion of the required
continuing education courses and pay the renewal fee of one hundred
dollars ($100), irrespective of receipt of the department's
notification of the renewal. A renewal request postmarked on or
before the expiration of the certificate is proof of compliance with
this paragraph.
   (5) A suspended or revoked certificate is subject to expiration as
provided for in this section. If reinstatement of the certificate is
approved by the department, the certificate holder, as a condition
precedent to reinstatement, shall pay a fee in an amount equal to the
renewal fee, plus the delinquency fee, if any, accrued at the time
of its revocation or suspension.
   (6) A certificate that is not renewed within four years after its
expiration shall not be renewed, restored, reissued, or reinstated
except upon completion of a certification program, passing any test
that may be required of an applicant for a new certificate at that
time, and paying the appropriate fees provided for in this section.
   (7) A fee of twenty-five dollars ($25) shall be charged for the
reissuance of a lost certificate.
   (8) A certificate holder shall inform the department of his or her
employment status within 30 days of any change.
   (g) The department may revoke a certificate issued under this
section for any of the following:
   (1) Procuring a certificate by fraud or misrepresentation.
   (2) Knowingly making or giving any false statement or information
in conjunction with the application for issuance of a certificate.
   (3) Criminal conviction unless an exemption is granted pursuant to
Section 1569.17.
   (h) The certificate shall be considered forfeited under either of
the following conditions:
   (1) The administrator has had a license revoked, suspended, or
denied as authorized under Section 1569.50.
   (2) The administrator has been denied employment, residence, or
presence in a facility based on action resulting from an
administrative hearing pursuant to Section 1569.58.
   (i) (1) The department shall establish, by regulation, the program
content, the testing instrument, the process for approving
certification programs, and criteria to be used in authorizing
individuals, organizations, or educational institutions to conduct
certification programs and continuing education courses. These
regulations shall be developed in consultation with provider and
consumer organizations, and shall be made available at least six
months prior to the deadline required for certification. The
department may deny vendor approval to any agency or person that has
not provided satisfactory evidence of their ability to meet the
requirements of vendorization set out in the regulations adopted
pursuant to subdivision (j).
   (2) (A) A vendor of online programs for continuing education shall
ensure that each online course contains all of the following:
   (i) An interactive portion where the participant receives
feedback, through online communication, based on input from the
participant.
   (ii) Required use of a personal identification number or personal
identification information to confirm the identity of the
participant.
   (iii) A final screen displaying a printable statement, to be
signed by the participant, certifying that the identified participant
completed the course. The vendor shall obtain a copy of the final
screen statement with the original signature of the participant prior
to the issuance of a certificate of completion. The signed statement
of completion shall be maintained by the vendor for a period of
three years and be available to the department upon demand. Any
person who certifies as true any material matter pursuant to this
section that he or she knows to be false is guilty of a misdemeanor.
   (B) Nothing in this subdivision shall prohibit the department from
approving online programs for continuing education that do not meet
the requirements of subparagraph (A) if the vendor demonstrates to
the department's satisfaction that, through advanced technology, the
course and the course delivery meet the requirements of this section.
   (3) The department may authorize vendors to conduct the
administrator certification training program pursuant to provisions
set forth in this section. The department shall conduct the written
test pursuant to regulations adopted by the department.
   (4) The department shall prepare and maintain an updated list of
approved training vendors.
   (5) The department may inspect training programs, continuing
education courses, and online courses, at no charge to the
department, in order to determine if content and teaching methods
comply with paragraphs (1) and (2), if applicable, and with
regulations. If the department determines that any vendor is not
complying with the intent of this section, the department shall take
appropriate action to bring the program into compliance, which may
include removing the vendor from the approved list.
   (6) The department shall establish reasonable procedures and
timeframes, not to exceed 30 days, for the approval of vendor
training programs.
   (7) The department may charge a reasonable fee, not to exceed one
hundred fifty dollars ($150) every two years, to certification
program vendors for review and approval of the initial 40-hour
training program pursuant to subdivision (c). The department may also
charge the vendor a fee, not to exceed one hundred dollars ($100)
every two years, for the review and approval of the continuing
education courses needed for recertification pursuant to this
subdivision.
   (j) This section shall be operative upon regulations being adopted
by the department to implement the administrator certification
program as provided for in this section.
   (k) The department shall establish a registry for holders of
certificates that shall include, at a minimum, information on
employment status and criminal record clearance.
   (l) Notwithstanding any provision of law to the contrary, vendors
approved by the department who exclusively provide either initial or
continuing education courses for certification of administrators of a
residential care facility for the elderly, as defined in subdivision
(k) of Section 1569.2, a group home facility, as defined by
regulations of the department, or an adult residential care facility,
as defined by regulations of the department, shall be regulated
solely by the department pursuant to this chapter. No other state or
local governmental entity shall be responsible for regulating the
activity of those vendors.
1569.617.  (a) (1) There is hereby created in the State Treasury,
the Certification Fund from which moneys, upon appropriation of the
Legislature, shall be expended by the department for the purpose of
administering the residential care facilities for the elderly
certification program provided under Sections 1569.23, 1569.615, and
1569.616, the adult residential facilities certification program
pursuant to Section 1562.3, and the group home facilities
certification program pursuant to Section 1522.41.
   (2) All money contained in the Residential Care Facility for the
Elderly Fund on the operative date of this paragraph shall be
retained in the Certification Fund for appropriation for the purposes
specified in paragraph (1).
   (b) The fund shall consist of specific appropriations that the
Legislature sets aside for use by the fund and all fees, penalties,
and fines collected pursuant to Sections 1522.41, 1562.3, 1562.23,
1569.615, and 1569.616.
   (c) For the 1998-99 fiscal year, the sum of not to exceed two
hundred fifty thousand dollars ($250,000) from the Certification Fund
shall be appropriated to the State Department of Social Services to
administer the group home facilities certification program pursuant
to Section 1522.41.  The department shall repay the appropriation
made for the 1998-99 fiscal year into the Certification Fund upon
receipt of fees pursuant to Section 1522.41.
1569.618.  (a) The administrator designated by the licensee pursuant
to subdivision (k) of Section 1569.15 shall be present at the
facility during normal working hours.  A facility manager designated
by the licensee with notice to the department, shall be responsible
for the operation of the facility when the administrator is
temporarily absent from the facility.
   (b) "Facility manager" means a person on the premises with the
authority and responsibility necessary to manage and control the
day-to-day operation of a residential care facility for the elderly
and supervise the clients.  The facility manager, licensee, and
administrator, or any combination thereof, may be the same person
provided he or she meets all applicable requirements.  If the
administrator is also the facility manager for the same facility, he
or she shall be limited to the administration and management of only
one facility.
1569.62.  (a) The director shall ensure that licensees,
administrators, and staffs of residential care facilities for the
elderly have appropriate training to provide the care and services
for which a license or certificate is issued.
   (b) The department shall develop jointly with the Department of
Aging, with input from provider organizations, requirements for a
uniform core of knowledge within the required 20 hours of continuing
education for administrators, and their designated substitutes, and
for recertification of administrators of residential care facilities
for the elderly.  This knowledge base shall include, as a minimum,
basic understanding of the psychosocial and physical care needs of
elderly persons and administration.  The department shall develop
jointly with the Department of Aging, with input from provider
organizations, a uniform resident assessment tool to be used by all
residential care facilities for the elderly.  The assessment tool
shall, in lay terms, help to identify resident needs for service and
assistance with activities of daily living.
   The departments shall develop a mandatory training program on the
utilization of the assessment tool to be given to administrators and
their designated substitutes.
1569.625.  (a) The Legislature finds that the quality of services
provided to residents of residential care facilities for the elderly
is dependent upon the training and skills of staff.  It is the intent
of the Legislature in enacting this section to ensure that
direct-care staff have the knowledge and proficiency to carry out the
tasks of their jobs.
   (b) The department shall adopt regulations to require staff
members of residential care facilities for the elderly who assist
residents with personal activities of daily living to receive
appropriate training.  This training shall consist of 10 hours of
training within the first four weeks of employment and four hours
annually thereafter.  This training shall be administered on the job,
or in a classroom setting, or any combination of the two.  The
department shall establish, in consultation with provider
organizations, the subject matter required for this training.
   (c) The training shall include, but not be limited to, the
following:
   (1) Physical limitations and needs of the elderly.
   (2) Importance and techniques for personal care services.
   (3) Residents' rights.
   (4) Policies and procedures regarding medications.
   (5) Psychosocial needs of the elderly.
1569.626.  All residential care facilities for the elderly that
advertise or promote special care, special programming, or a special
environment for persons with dementia, in addition to complying with
the training requirements described in Section 1569.625, shall meet
the following training requirements for all direct care staff:
   (a) Six hours of resident care orientation within the first four
weeks of employment.  All six hours shall be devoted to the care of
persons with dementia.  The facility may utilize various methods of
instruction including, but not limited to, preceptorship, mentoring,
and other forms of observation and demonstration.  The orientation
time shall be exclusive of any administrative instruction.
   (b) Eight hours of in-service training per year on the subject of
serving residents with dementia.  This training shall be developed in
consultation with individuals or organizations with specific
expertise in dementia care or by an outside source with expertise in
dementia care.  In formulating and providing this training, reference
may be made to written materials and literature on dementia and the
care and treatment of persons with dementia.  This training
requirement may be satisfied in one day or over a period of time.
This training requirement may be provided at the facility or offsite
and may include a combination of observation and practical
application.
1569.627.  Any residential care facility for the elderly that
advertises or promotes special care, special programming, or a
special environment for persons with dementia shall disclose to the
department the special features of the facility in its plan of
operation.  This information shall be provided to the public by the
facility upon request.  The information shall include a brief
narrative description of all of the following facility features:
   (a) Philosophy, including, but not limited to, program goals.
   (b) Preadmission assessment.
   (c) Admission.
   (d) Assessment.
   (e) Program.
   (f) Staff.
   (g) Staff training.
   (h) Physical environment.
   (i) Changes in condition, including, but not limited to, when and
under what circumstances are changes made to a participant's care
plan.
   (j) Success indicators.
1569.628.  A licensee of a residential care facility for the elderly
that advertises or promotes special care, programming, or
environments for persons with a health related condition, except as
specified in Section 1569.72, shall provide to each prospective
resident an accurate narrative description of these programs and
services.  The description shall be provided in writing prior to
admission.  All reasonable efforts shall be made to communicate the
information in the narrative description to a person who is unable to
read it himself or herself, including, but not limited to, reading
the description out loud.
1569.63.  The director shall insure that licensing personnel at the
department have appropriate training to properly carry out this
chapter.
1569.64.  The department shall institute a staff development and
training program within the organization structure to develop among
staff the knowledge and understanding necessary to successfully carry
out this chapter.  Specifically,  the department shall do all of the
following:
   (a) Provide staff with 36 hours of training per year that reflect
the unique needs of the elderly.
   (b) Give priority to applications from individuals with experience
as care providers to the elderly.
   (c) Provide new staff with comprehensive training within the first
six months of employment.  This training shall, at a minimum,
include the following core areas:  administrative action process,
client populations, conducting facility visits, cultural awareness,
documentation skills, facility operations, human relation skills,
interviewing techniques, investigation processes, and regulation
administration.
   This training shall also provide new staff who have earned fewer
than 16 semester units in gerontology or geriatric education from an
accredited college at least 40 hours of preservice training in the
aging process and the psycho-social and health care needs of elderly
persons.
1569.65.  (a) On or before January 1, 1987, the department shall
publish a comprehensive consumer guideline brochure to assist persons
in the evaluation and selection of a licensed residential care
facility for the elderly.  The department shall develop the brochure
for publication with the advice and assistance of the Advisory
Committee on Community Care Facilities and the State Department of
Aging.
   (b) The consumer guideline brochure shall include, but not be
limited to, guidelines highlighting resident health and safety issues
to be considered in the selection of a residential care facility for
the elderly, locations of the licensing offices of the State
Department of Social Services where facility records may be reviewed,
types of local organizations which may have additional information
on specific facilities, and a list of recommended inquiries to be
made in the selection of a residential care facility for the elderly.
   (c) Upon publication, the consumer guideline brochures shall be
distributed to statewide resident advocacy groups, statewide consumer
advocacy groups, state and local ombudsmen, and all licensed
residential care facilities for the elderly.  The brochure shall be
made available on request to all other interested persons.
1569.651.  (a) A licensee of a residential care facility for the
elderly shall not require any form of preadmission fee or deposit
from a recipient under the State Supplementary Program for the Aged,
Blind and Disabled (Article 5 (commencing with Section 12200) of
Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions
Code) who applies for admission to the facility.
   (b) If a licensee charges a preadmission fee, the licensee shall
provide the applicant or his or her representative with a written
general statement describing all costs associated with the
preadmission fee charges and stating that the preadmission fee is
refundable. The statement shall describe the conditions for the
refund as specified in subdivision (g). A licensee shall only charge
a single preadmission fee as defined in subdivision (e) per resident
admission.
   (c) A licensee of a residential care facility for the elderly
shall not require, request, or accept any funds from a resident or a
resident's representative that constitutes a deposit against any
possible damages by the resident.
   (d) Any fee charged by a licensee of a residential care facility
for the elderly, whether prior to or after admission, shall be
clearly specified in the admission agreement.
   (e) For the purposes of this section, "preadmission fee" means an
application fee, processing fee, admission fee, entrance fee,
community fee, or other fee, however designated, that is requested or
accepted by a licensee of a residential care facility for the
elderly prior to admission.
   (f) This section shall not apply to licensees of residential care
facilities for the elderly that have obtained a certificate of
authority to offer continuing care contracts, as defined in paragraph
(8) of subdivision (c) of Section 1771.
   (g) If the applicant decides not to enter the facility prior to
the facility's completion of a preadmission appraisal or if the
facility fails to provide full written disclosure of the preadmission
fee charges and refund conditions, the applicant or the applicant's
representative shall be entitled to a refund of 100percent of the
preadmission fee.
   (h) Unless subdivision (g) applies, preadmission fees in excess of
five hundred dollars ($500) shall be refunded according to the
following:
   (1) If the applicant does not enter the facility after a
preadmission appraisal is conducted, the applicant or the applicant's
representative shall be entitled to a refund of at least 80 percent
of the preadmission fee amount in excess of five hundred dollars
($500).
   (2) If the resident leaves the facility for any reason during the
first month of residency, the resident shall be entitled to a refund
of at least 80 percent of the preadmission fee amount in excess of
five hundred dollars ($500).
   (3) If the resident leaves the facility for any reason during the
second month of residency, the resident shall be entitled to a refund
of at least 60 percent of the preadmission fee amount in excess of
five hundred dollars ($500).
   (4) If the resident leaves the facility for any reason during the
third month of residency, the resident shall be entitled to a refund
of at least 40 percent of the preadmission fee amount in excess of
five hundred dollars ($500).
   (5) The facility may, but is not required to, make a refund of the
preadmission fee for residents living in the facility for four or
more months.
1569.655.  (a) If a licensee of a residential care facility for the
elderly increases the rates of fees for residents or makes increases
in any of its rate structures for services, the licensee shall
provide no less than 60 days' prior written notice to the residents
or the residents' representatives setting forth the amount of the
increase, the reason for the increase, and a general description of
the additional costs, except for an increase in the rate due to a
change in the level of care of the resident.  This subdivision shall
not apply to optional services that are provided by individuals,
professionals, or organizations under a separate fee-for-service
arrangement with residents.
   (b) No licensee shall charge nonrecurring lump-sum assessments.
The notification requirements contained in subdivision (a) shall
apply to increases specified in this subdivision.  For purposes of
this subdivision, "nonrecurring lump-sum assessments" mean rate
increases due to unavoidable and unexpected costs that financially
obligate the licensee.  In lieu of the lump-sum payment, all
increases in rates shall be to the monthly rate amortized over a
12-month period.  The prohibition against a lump-sum assessment shall
not apply to charges for specific goods or services provided to an
individual resident.
   (c) If a licensee increases rates for a recipient under the State
Supplementary Program for the Aged, Blind and Disabled, described in
Article 5 (Commencing with Section 12200) of Chapter 3 of Part 3 of
Division 9 of the Welfare and Institutions Code, the licensee shall
meet the requirements for SSI/SSP rate increases, as prescribed by
law.
   (d) This section shall not apply to licensees of residential care
facilities for the elderly that have obtained a certificate of
authority to offer continuing care contracts, as defined in paragraph
(5) of subdivision (c) of Section 1771.
1569.657.  (a) For any rate increase due to a change in the level of
care of the resident, the licensee shall provide the resident and
the resident's representative, if any, written notice of the rate
increase within two business days after initially providing services
at the new level of care.  The notice shall include a detailed
explanation of the additional services to be provided at the new
level of care and an accompanying itemization of the charges.
   (b) This section shall not apply to any resident of the facility
who is a recipient of benefits pursuant to Article 5 (commencing with
Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare
and Institutions Code under the State Supplementary Program for Aged,
Blind and Disabled.
   (c) This section shall not apply to a provider who has entered
into one or more continuing care contracts at a licensed residential
care facility for the elderly pursuant to a certificate of authority,
as defined in paragraph (5) of subdivision (c) of Section 1771.
1569.66.  At least annually, the director shall publish and make
available to interested persons a list or lists covering all licensed
residential care facilities for the elderly and the services for
which each facility has been licensed.  A list or lists containing
changes shall be published and made available periodically, as
determined by the director.
1569.67.  (a) The department shall develop a written notice for the
purpose of informing any individual who requests information
regarding admission to a residential care facility for the elderly
that the department's licensing analysts' inspection reports on all
residential care facilities for the elderly are on file and are
available for public review in the department's community care
licensing district office nearest to each residential care facility
for the elderly.
   (b) The department shall adopt regulations requiring that each
residential care facility provide this notice, as well as the address
of the nearest departmental community care licensing district
office, to any individual who requests information regarding
admission to a residential care facility for the elderly and to any
resident of the facility.
1569.68.  All residential care facilities shall be required to
include their current license number in any public advertisement or
correspondence.
1569.681.  (a) Each residential care facility for the elderly
licensed under this chapter shall reveal its license number in all
advertisements, publications, or announcements made with the intent
to attract clients or residents.
   (b) Advertisements, publications, or announcements subject to the
requirements of subdivision (a) referred to herein include, but are
not limited to, those contained in the following:
   (1) Newspaper or magazine.
   (2) Consumer report.
   (3) Announcement of intent to commence business.
   (4) Telephone directory yellow pages.
   (5) Professional or service directory.
   (6) Radio or television commercial.


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