The provisions of Chapter 1, Division 6, shall not apply to the provisions of Chapter 8, Residential Care
Facilities for the Elderly (RCFE).
87101 DEFINITIONS 87101
(a) (1) “Administrator” means the individual designated by the licensee to act in behalf of the licensee in the overall management of the facility. The licensee, if an individual, and the administrator may be one and the same person.
(2) “Adult” means a person who is eighteen (18) years of age or older.
(3) “Adult protective services agency” means a county welfare department, as defined in Welfare and Institutions Code section 15610.13. (4) “Advance Health Care Directive” means a written instruction that relates to the provision of health care when the individual is incapacitated. Advance directives include, but are not limited to, a Durable Power of Attorney for Health Care, an Individual Health Care Instruction, a Request to Forego Resuscitative Measures, or a Do Not Resuscitate Form. In an advance directive, a person states choices for medical treatment and/or designates who should make treatment choices if the person creating the advance directive should lose
(5) “Allowable Health Condition” means any health condition that the licensee is allowed to care for either in accordance with a specific regulation, or with an exception approved by the licensing agency. This includes restricted health conditions as specified in Section 87612,
Restricted Health Conditions.
(6) “Ambulatory Person” means a person who is capable of demonstrating the mental competence and physical ability to leave a building without assistance of any other person or without the use of any mechanical aid in case of an emergency.
(7) “Automated External Defibrillator” (AED) means a light-weight, portable device used to administer an electric shock through the chest wall to the heart. Built-in computers assess the patient’s heart rhythm, determine whether defibrillation (electrical shock) is needed and then administer the shock. Audible and/or visual prompts guide the user through the process.
(8) “Applicant” means any individual, firm, partnership, association, corporation, county, city, public agency or other government entity that has made application for a residential care facility for the elderly license, administrator certificate, or special permit.
(9) “Appropriately Skilled Professional” means an individual that has training and is licensed to perform the necessary medical procedures prescribed by a physician. This includes but is not limited to the following: Registered Nurse (RN), Licensed Vocational Nurse (LVN), Physical Therapist (PT), Occupational Therapist (OT) and Respiratory Therapist (RT). These professionals may include, but are not limited to, those persons employed by a home health agency, the resident, or facilities and who are currently licensed in California.`
(b) (1) “Basic Rate” means the SSI/SSP established rate, which does not include that amount allocated for the recipient’s personal and incidental needs.
(2) “Basic Services” means those services required to be provided by the facility in order to obtain and maintain a license and include, in such combinations as may meet the needs of the residents and be applicable to the type of facility to be operated, the following: safe and healthful living accommodations; personal assistance and care; observation and supervision; planned activities; food service; and arrangements for obtaining incidental medical and dental care.
(c) (1) “California Clearance” means an individual has no felony or misdemeanor convictions reported by the California Department of Justice. However, the individual may have been arrested with no criminal conviction, convicted of a minor traffic offense or adjudicated as a juvenile.
(2) “Capacity” means that maximum number of persons authorized to be provided services at any one time in any licensed facility.
(3) “Care and Supervision” means those activities which if provided shall require the facility to be licensed. It involves assistance as needed with activities of daily living and the assumption of varying degrees of responsibility for the safety and well-being of residents. “Care and Supervision” shall include, but not be limited to, any one or more of the following
activities provided by a person or facility to meet the needs of the residents:
(A) Assistance in dressing, grooming, bathing and other personal hygiene;
(B) Assistance with taking medication, as specified in Section 87465, Incidental Medical and Dental Care Services;
(C) Central storing and distribution of medications, as specified in Section 87465, Incidental Medical and Dental Care Services;
(D) Arrangement of and assistance with medical and dental care. This may include transportation, as specified in Section 87465, Incidental Medical and Dental Care Services;
(E) Maintenance of house rules for the protection of residents;
(F) Supervision of resident schedules and activities;
(G) Maintenance and supervision of resident monies or property;
(H) Monitoring food intake or special diets.
(4) “Certificate holder” means a person who has a current administrator’s certificate issued by the Department regardless of whether the person is employed as an administrator in a residential care facility for the elderly.
(5) “Certified administrator” means an administrator who has been issued a residential care facility for the elderly administrator certificate by the Department and whose certificate is current.
(6) “Classroom Hour” means fifty (50) to sixty (60) minutes of classroom instruction within a 60-minute period. No credit is given for meal breaks.
(7) “Classroom setting” means a setting, conducive to learning and free from distractions, for which the primary purpose is education, instruction, training, or conference. Participants must be able to simultaneously interact with each other as well as with the instructor.
(8) “Close friend” means a person who is attached to another by feelings of personal regard as indicated by both parties involved.
(9) “Co-locate” means that a vendor applicant is approved for more than one program type, i.e., ARF, RCFE, GH, and has received approval to teach specific continuing education courses at the same time and at the same location. Co-location is allowed for Continuing Education Training Program vendors only.
(10) “Community Care Facility” means any facility, place or building providing nonmedical care and supervision, as defined in Section 87101(c)(2).
(11) “Complete request” means the vendor applicant has submitted, and the Department has received, all required information and materials necessary to approve or deny the request for certification program and/or course approval.
(12) “Conservator” means a person appointed by the Superior Court pursuant to Probate Code section 1800 et. seq. or Welfare and Institutions Code section 5350, to care for the person, or estate, or person and estate, of an adult.
(13) “Consultant” means a person professionally qualified by training and experience to provide expert information on a particular subject.
(14) “Continuing Care Contract” is defined in Health and Safety Code section 1771(c)(8).
(15) “Continuing Education Training Program Vendor” means a vendor approved by the Department to provide continuing education training courses to residential care facility for the elderly administrators and certificate holders to qualify them for renewal of their residential care facility for the elderly administrator certificate.
(16) “Control of Property” means the right to enter, occupy, and maintain the operation of the facility property within regulatory requirements. Evidence of control of property shall include, but is not limited to, the following:
(A) A Grant Deed showing ownership; or
(B) The Lease Agreement or Rental Agreement; or
(C) A court order or similar document which shows the authority to control the property pending outcome of probate proceeding or estate settlement.
(17) “Conviction” means:
(A) A criminal conviction in California; or
(B) Any criminal conviction of another state, federal, military or other jurisdiction, which if committed or attempted in California, would have been punishable as a crime in California.
(18) “Course” means either, (1) a quarter- or semester-long structured sequence of classroom instruction covering a specific subject, or (2) a one-time seminar, workshop, or lecture of varying duration.
(19) “Criminal Record Clearance” means an individual has a California clearance and a FBI clearance.
(d) (1) “Day” means calendar day unless otherwise specified.
(2) “Deficiency” means any failure to comply with any provision of the Residential Care Facilities Act for the Elderly and regulations adopted by the Department pursuant to the Act.
(3) “Delayed Egress Device” means a special egress-control device of the time delay type as specified in Health and Safety Code section 1569.699(a).
87102 DESCRIPTIONS OF FORMS 87102
The following forms, which are incorporated by reference, apply to the regulations in Title 22, Division 6, Chapters 5 (Group Homes), 6 (Adult Residential Facilities) and 8 (Residential Care Facilities for the Elderly), except for PUB 325 and the RCFE Core of Knowledge which only apply to Chapter 8.
(a) LIC 9139 (01/16) – Renewal of Continuing Education Course Approval, Administrator Certification Program.
(b) LIC 9140 (01/16) – Request for Course Approval, Administrator Certification Program.
(c) LIC 9140A (01/16) – Request to Add or Replace Instructor, Administrator Certification Program.
(d) LIC 9141 (01/16) – Vendor Application/Renewal, Administrator Certification Program.
(e) LIC 9142A (01/16) – Roster of Participants – for Vendor Use Only, Administrator Certification Program.
(f) LIC 9142B (01/16) – Roster of Participants – for Exam Proctoring Only, Administrator Certification Program.
(g) LIC 9163 (3/11) – Request for Live Scan Service – Community Care Licensing.
(h) LIC 508 (7/15) Criminal Record Statement.
(i) LIC 9214 (01/16) – Application for Administrator Certification, Administrator Certification Program.
(j) PUB 325 (3/12) – Your Right To Make Decisions About Medical Treatment.
(k) Core of Knowledge Training Standard (01/16) – RCFE 80-Hour Initial Certification.