Cal. Code Regs. tit. 22 § 81061

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 81061 - Reporting Requirements
(a) Each licensee or applicant shall furnish to the licensing agency reports as required by the Department, including, but not limited to, those specified in this section.
(b) Upon the occurrence, during the operation of the facility, of any of the events specified in Section 81061(b)(1) below, a report shall be made to the licensing agency within the agency's next working day during its normal business hours. In addition, a written report containing the information specified in Section 81061(b)(2) below shall be submitted to the licensing agency within seven days following the occurrence of such event.
(1) Events reported shall include the following:
(A) Death of any client from any cause.
(B) In a residential facility, death of any client as a result of injury, abuse, or other than natural causes, regardless of where the death occurred. This includes a death that occurred outside the facility such as at a day program, workshop, job, hospital, en route to or from a hospital, or visiting away from the facility.
1. The licensee shall obtain a certified copy of the client's death certificate as soon as it is available, maintain it in the client's file, and shall send a copy to the Department as soon as it is obtained.
2. For Regional Center clients, the licensee shall also send a copy of the death certificate to the Regional Center.
(C) The use of an Automated External Defibrillator.
(D) Any injury to any client which requires medical treatment.
(E) Any unusual incident or client absence which threatens the physical or emotional health or safety of any client.
(F) Any suspected psychological abuse of any client.
(G) Epidemic outbreaks.
(H) Poisonings.
(I) Catastrophes.
(J) Fires or explosions which occur in or on the premises.
(2) Information provided shall include the following:
(A) Client's name, age, sex, and date of admission.
(B) Date and nature of event.
(C) Attending physician's name, findings, and treatment, if any.
(D) Disposition of the case.
(c) Any suspected physical abuse that results in serious bodily injury of an elder or dependent adult shall be reported to the local ombudsman, the corresponding licensing agency, and the local law enforcement agency within two (2) hours as required by Welfare and Institutions Code Section 15630(b)(1).
(d) Any suspected physical abuse that does not result in serious bodily injury of an elder or dependent adult shall be reported to the local ombudsman, the corresponding licensing agency, and the local law enforcement agency within twenty-four (24) hours as required by Welfare and Institutions Code Section 15630(b)(1).
(e) The items below shall be reported to the licensing agency within 10 working days following the occurrence.
(1) The organizational changes specified in Section 81034(a)(2).
(2) Any change in the licensee's or applicant's mailing address.
(3) Any change of the chief executive officer of a corporation or association.
(A) Such notification shall include the new chief executive officer's name and address.
(B) Fingerprints shall be submitted as specified in Section 81019(d).
(4) Any changes in the plan of operation which affect the services to clients.
(f) The items specified in Section 81061(b)(1)(A) through Section 81061(b)(1)(H) above shall also be reported to the client's authorized representative, if any.
(g) The items specified in Section 81061(b)(1)(E) through Section 81061(b)(1)(G) above shall also be reported to the local health officer when appropriate pursuant to Title 17, California Administrative Code, Sections 2500, 2502 and 2503.
(h) The item specified in Section 81061(b)(1)(H) shall also be reported immediately to the local fire authority. In areas not having organized fire services a report shall be made to the State Fire Marshal within 24 hours.
(i) Licensees shall send copies of all substantiated complaints to board members of the licensed facility, parents, legal guardians, conservators, client rights advocates or placement agencies, as designated in each client's placement agreement in accordance with Health and Safety Code section 1538.5.
(j) The licensee shall notify the licensing agency, in writing, within 10 working days of a change of administrator or program director. Such notification shall include the following:
(1) Name, residence and mailing address of the new administrator/program director.
(2) Date he/she assumed his/her position.
(3) Description of his/her background and qualifications, including documentation of required education and related experience.

Cal. Code Regs. Tit. 22, § 81061

1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Editorial correction of printing error in subsection (b)(1) (Register 91, No. 32).
3. Change without regulatory amending subsection (a), adopting new subsections (b)-(g), relettering subsections and amending NOTE filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).
4. Change without regulatory effect amending subsection (b)(1)(F), adopting new subsections (c) and (d), relettering subsections and amending NOTE filed 5-2-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 18).

Note: Authority cited: Sections 1530, 1538.5 and 15630, Health and Safety Code. Reference: Sections 5670, 5671 and 15630, Welfare and Institutions Code; and Sections 1501, 1502(a)(7), 1507, 1531, 1538.5 and 1797.196, Health and Safety Code.

1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Editorial correction of printing error in subsection (b)(1) (Register 91, No. 32).
a1 The reorganization of Chapter 2 is printed as a repealer and adoption for clarity.
3. Change without regulatory amending subsection (a), adopting new subsections (b)-(g), relettering subsections and amending Note filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).