2005 California Welfare and Institutions Code Sections 9700-9701 Article 1. Legislative Intent and Definitions

WELFARE AND INSTITUTIONS CODE
SECTION 9700-9701

9700.  (a) The Legislature recognizes that the department, pursuant
to a grant from the federal government, has established a Long-Term
Care Ombudsman Program.
   (b) The Legislature declares that it is the public policy of this
state to encourage community contact and involvement with elderly
patients or residents of long-term care facilities or residential
facilities through the use of volunteers and volunteer programs, and
nothing in this chapter shall be construed as limiting or restricting
the continuation of relationships established between ombudsmen, the
elderly patients or residents of long-term care facilities or
residential facilities, and the operators of these facilities.
   (c) The Legislature finds that in order to comply with the federal
Older Americans Act (42 U.S.C. Sec. 3001, et seq.), as amended, and
to effectively assist residents, patients, and clients of long-term
care facilities in the assertion of their civil and human rights, the
structure, powers, and duties of the Long-Term Care Ombudsman
Program must be specifically defined.
9701.  Unless the contrary is stated or clearly appears from the
context, the following definitions shall govern the interpretation of
this chapter:
   (a) "Approved organization" means any public agency or other
appropriate organization that has been designated by the department
to hear, investigate, and resolve complaints made by or on behalf of
patients, residents, or clients of long-term care facilities relating
to matters that may affect the health, safety, welfare, and rights
of these patients, residents, or clients.
   (b) "Long-term care facility" means any of the following:
   (1) Any nursing or skilled nursing facility, as defined in Section
1250 of the Health and Safety Code, including distinct parts of
facilities that are required to comply with licensure requirements
for skilled nursing facilities.
   (2) Any residential care facility for the elderly as defined in
Section 1569.2 of the Health and Safety Code.
   (c) "Medical training" or "medical records training" means the
completion of training as a physician, registered nurse, nurse
practitioner, licensed vocational nurse, pharmacist, medical social
worker, medical records technician, physician's assistant, or
discharge planner.
   (d) "Office" means the Office of the State Long-Term Care
Ombudsman, including approved organizations.
   (e) "Ombudsman coordinator" means the individual selected by the
governing board or executive director of the approved organization to
manage the day-to-day operation of the ombudsman program, including
the implementation of federal and state requirements governing the
office.
   (f) "Resident," "patient," or "client" means an older or elderly
individual residing in a long-term care facility.
   (g) "State Ombudsman" means the State Long-Term Care Ombudsman.


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