SB1068:v99#DOCUMENTBill Start
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Senate Bill
No. 1068
Introduced by Senator Pan
|
February 18, 2020 |
An act to amend Section 1569.31 of the Health and Safety Code, relating to residential care facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1068, as introduced, Pan.
Residential care facilities for the elderly.
Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. Existing law requires the department to impose regulations on residential care facilities for the elderly and requires those regulations to prescribe standards of safety and sanitation for the physical plant and standards for basic care and supervision, personal care, and services to be provided. Existing law makes a violation of those regulations a crime.
This bill would require the department’s regulations to require a licensed residential care facility for the elderly to immediately telephone 911 if an injury or other circumstance results in an imminent threat to a resident’s health. Because a violation of this requirement would be a crime, the bill
would impose a state-mandated local program. The bill would prohibit the department from waiving this requirement.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
The bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
YES
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1569.31 of the Health and Safety Code is amended to read:1569.31.
(a) The regulations for a license shall prescribe standards of safety and sanitation for the physical plant and standards for basic care and supervision, personal care, and services to be provided. The
(b) The department’s regulations shall allow for the development of new and innovative community programs.
In
(c) In adopting regulations which that implement this chapter, the department shall provide flexibility to allow facilities conducted by and exclusively for
adherents of a well-recognized church or religious denomination who rely solely on prayer or spiritual means for healing to operate a licensed residential care facility for the elderly.
(d) Except as provided by Section 1569.73, the department’s regulations shall require a licensee to immediately telephone 911 when an injury or other circumstance results in an imminent threat to a resident’s health, including, but not limited to, an apparent life-threatening medical crisis. The department shall not waive this requirement.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.