重点内容：执法

法规原文（英文）

(a) Any duly authorized officer, employee or agent of the licensing agency may, upon proper identification and upon stating the purpose of his/her visit, enter and inspect the entire premises of any place providing services at any time, with or without advance notice.Part 4, Page 190

(b) The licensee shall ensure that provisions are made for private interviews with any resident or any staff member; and for the examination of all records relating to the operation of the facility.Part 4, Page 190

(c) The licensing agency shall have the authority to inspect, audit, and copy resident or facility records upon demand during normal business hours. Records may be removed if necessary for copying. Removal of records shall be subject to the requirements in Sections 87412(f), 87506(d), and 87508(b).Part 4, Page 190

法规原文（英文）

(1) When a license is on probation. (2) When the terms of agreement in a facility compliance plan require an annual evaluation. (3) When an accusation against a licensee is pending. (4) When a facility requires an annual visit as a condition of receiving federal financial participation. (5) In order to verify that a person who has been ordered out of the facility for the elderly by the department is no longer at the facility.Part 4, Page 195

(c) The department shall conduct annual unannounced visits to no less than 20 percent of facilities not subject to an evaluation under subdivision (b)... (d) Under no circumstance shall the department visit a residential care facility for the elderly less often than once every five years."Part 4, Page 195

Health and Safety Code section 1569.35(c) provides in part: "(c) Upon receipt of a complaint, ...the department shall make a preliminary review and...an onsite inspection within 10 days after receiving the complaint except where the visit would adversely affect the licensing investigation or the investigation of other agencies, including, but not limited to, law enforcement agencies..."Part 4, Page 195

法规原文（英文）

(a) Every residential care facility for the elderly shall be evaluated as specified in Health and Safety Code section 1569.33.Part 4, Page 196

(b) Any number of other visits may be made to a facility for various purposes as determined to be necessary by the licensing agency to determine compliance with applicable laws and regulations. (c) When a routine visit, evaluation or investigation of a complaint is conducted and the evaluator determines that a deficiency exists, the evaluator shall issue a notice of deficiency, unless the deficiency is minor and corrected during the visit.Part 4, Page 196

法规原文（英文）

(d) Prior to completion of a visit, evaluation or investigation, the evaluator shall meet with the licensee, administrator, operator, or other person in charge of the facility to discuss any deficiencies noted. At the meeting, a plan for correcting each deficiency shall be developed and included in the notice of deficiency. Prior to completion of the visit, the evaluator shall serve the notice of deficiency on the licensee by either: (1) Personal delivery to the licensee, or (2) If the licensee is not at the facility site, leaving the notice with the person in charge of the facility and also mailing a copy to the licensee. (3) If the licensee or the person in charge of the facility refuses to accept the notice, a notation of the refusal shall be written on the notice and a copy left at the facility. (A) Under such circumstances, a copy of the notice shall also be mailed to the licensee.Part 4, Page 197

(e) The notice of deficiency shall be in writing and shall include: (1) A reference to the statute or regulation upon which the deficiency is premised. (2) A factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with specified statute or regulation, and the particular place or area of the facility in which it occurred. (3) The plan developed, as specified in (d) above, for correcting each deficiency. (4) A date by which each deficiency shall be corrected.Part 4, Page 197

法规原文（英文）

(B) The evaluator shall require correction of the deficiency within 24 hours and shall specify on the notice the date by which the correction must be made whenever penalties are assessed pursuant to Sections 87761(c), (d) and (e).Part 4, Page 198

(C) The date for correcting a deficiency shall not be more than 30 calendar days following service of the notice of deficiency, unless the evaluator determines that the deficiency cannot be completely corrected in 30 calendar days. If the date for correcting the deficiency is more than 30 days following service of the notice of deficiency the notice shall specify action which must be taken within 30 calendar days to begin correction.Part 4, Page 198

法规原文（英文）

(a) Each licensee shall have the right, without prejudice, to bring to the attention of the Department or the licensing agency, or both, any alleged misapplication or capricious enforcement of regulations by any licensing representative, or any substantial differences in opinion as may occur between the licensee and any licensing representative concerning the proper application of the Residential Care Facilities for the Elderly Act or of these regulations.Part 4, Page 198

(a) Regulations including, but not limited to, the following may result in serious deficiencies when a failure to comply presents an immediate or substantial threat to the physical health, mental health, or safety of the residents: (1) Section 87355 relating to criminal record clearance.Part 4, Page 198

法规原文（英文）

(2) Section 87202 relating to fire clearance. (3) Section 87204 relating to limitations on the number or types of facility residents. (4) Section 87311 relating to telephone service. (5) Sections 87455(c)(1) or (2), or (4), or Section 87615 relating to persons with communicable diseases, persons requiring inpatient health care, persons who are bedridden, or persons with a prohibited health condition. (6) Section 87204(b) relating to nonambulatory residents. (7) Section 87468(a)(3) relating to resident rights. (8) Section 87608(a) relating to restraints.Part 4, Page 199

(9) Sections 87307(d)(3) through (7) or (e) relating to safety of resident accommodations. (10) Section 87555(b)(24), (25), or (27) relating to storage, preparation and service of food. (11) Section 87465(b)(3) relating to medical and dental care of residents. (12) Section 87465(c) relating to storing and dispensing medications. (13) Section 87303(e)(2) relating to hot water temperature. (14) Section 87303(e)(4), (5), or (6) relating to toilet, handwashing and bathing accommodations. (15) Section 87303(f)(1) or (2) relating to storage and disposal of solid wastes, syringes and needles. (16) Section 87415 relating to night supervision. (17) Section 87638 relating to licensees forwarding to the Department a resident's request for review by an interdisciplinary team of a health condition relocation order.Part 4, Page 199

法规原文（英文）

(a) A follow-up visit shall be conducted within 10 working days following the latest date of correction specified in the notice of deficiency, unless the licensee has demonstrated that the deficiency was corrected as required in the notice of deficiency. No penalty shall be assessed unless a follow-up visit is conducted.Part 4, Page 200

(a) A penalty of $50 per day, per cited violation, shall be assessed for all serious deficiencies that are not corrected by the date specified in the notice of deficiency, up to a maximum of $150 per day.Part 4, Page 200

法规原文（英文）

(c) Notwithstanding Section 87761(a) above, an immediate penalty of $150 per day shall be assessed for any of the following: (1) Sickness, injury of death of a client has occurred as a result of the deficiency.Part 4, Page 201

法规原文（英文）

(a) A licensee or his/her representative may request in writing a review of a notice of deficiency, notice of penalty and/or health condition relocation order within 10 working days of receipt of the notice or order. This review shall be conducted by a higher level staff person other than the evaluator who issued the notice of deficiency, notice of penalty, and/or health condition relocation order.Part 4, Page 202

法规原文（英文）

(a) The Department may order a suspension of new admissions for a facility, as specified in Health and Safety Code Section 1569.545, in either of the following circumstances: (1) When a facility is cited for a deficiency that presents a direct and immediate risk to the health, safety, or personal rights of a resident or residents of the facility and the licensee fails to correct the deficiency immediately. (2) When a facility has failed to pay a civil penalty (or penalties) assessed by the Department after the facility has exhausted the administrative review process specified in Health and Safety Code Section 1569.49.Part 4, Page 202.1

(b) The Department shall serve written notice to the licensee of the order of suspension of new admissions according to the following: (1) Personal delivery to the licensee at the facility site. (2) If the licensee is not at the facility site, the notice shall be left with a person designated in the facility file to accept licensing reports. Under such circumstances, a copy of the notice shall also be mailed to the licensee. (3) If the licensee or designated person refuses to accept the notice, a notation of the refusal shall be written on the notice and the notice shall be left at the facility. Under such circumstances, a copy of the notice, which includes a notation of the refusal, shall also be mailed to the licensee.Part 4, Page 202.1

(c) The notice of the order of suspension of new admissions shall include the following: (1) Citation of statutes and regulations alleged to be violated. (2) The date the order is effective. (3) Terms of the order, including plans of correction for any deficiency cited. (4) (A) In the case of a suspension pursuant to subsection (a)(1), a factual description of the nature of the deficiency fully stating the manner in which the deficiency presents a direct and immediate risk to the health, safety, or personal rights of a resident or residents of the facility.Part 4, Page 202.1

(e) The order of the Department imposing the suspension of new admissions is effective immediately upon notice. The facility shall not admit new residents while the suspension is in effect. (1) For purposes of this section, any admission agreement signed prior to the effective date of the order of suspension of new admissions is not considered a new admission.Part 4, Page 202.2

(f) The suspension of new admissions for a facility shall remain in effect until the Department determines: (1) In the case of a suspension pursuant to subsection (a)(1), the facility has demonstrated to the Department the correction of all deficiencies identified in the notice. If the facility does not demonstrate to the Department the correction of all deficiencies identified in the notice, the Department shall conduct a follow–up visit to determine compliance within ten (10) business days following the latest date of correction specified in the notice.Part 4, Page 202.2

(g) Once the Department has determined that the violation (or violations) has been corrected or fine (or fines) has been paid, as specified in subsection (f), the Department shall notify the licensee immediately, but no later than two (2) business days following the determination, of the order to remove the suspension of new admissions.Part 4, Page 202.2

法规原文（英文）

(a) A licensee or their representative may appeal the decision of the Department to suspend new admissions by requesting, in writing, a review of the order of suspension of new admissions within ten (10) business days of receipt of the order. This review shall be conducted by the Deputy Director of the Community Care Licensing Division or their designee.Part 4, Page 202.3

法规原文（英文）

(a) A penalty of $100 per day per resident shall be assessed for the operation of an unlicensed facility under either of the following conditions: (1) The operator has not submitted a completed application for licensure within 15 calendar days of issuance of the Notice of Operation in Violation of Law pursuant to Section 87106.Part 4, Page 203

法规原文（英文）

(2) Unlicensed operation continued after denial of the initial application. (A) Notwithstanding any appeal action, facility operation must cease within 10 calendar days of the mailing of the notice of denial or upon receipt of the denial notice by the operator, whichever occurs first.Part 4, Page 204

法规原文（英文）

(a) An unlicensed operator or his/her representative shall have the right to appeal the penalty assessment within 10 working days after service of the penalty assessment. (1) If the unlicensed facility operation has not ceased, the $200 per day penalty shall continue to accrue during the appeal process.Part 4, Page 205