Section 1289 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 3.
1289
. (a) No owner, employee, agent, or consultant of a long-term
health care facility, as defined in Section 1418, or member of his or
her immediate family, or representative of a public agency or
organization operating within the long-term health care facility with
state, county, or city authority, or member of his or her immediate
family, shall purchase or receive any item or property with a fair
market value of more than one hundred dollars ($100) from a resident
in the long-term health care facility, unless the purchase or receipt
is made or conducted in the presence of a representative of the
Office of the State Long-Term Care Ombudsman, as defined in
subdivision (c) of Section 9701 of the Welfare and Institutions Code.
The role of the ombudsman is to witness the transaction and to
question the resident and others as appropriate, about the
transaction. The ombudsman may submit written comments pertaining to
the transaction into the health records of the resident. The Office
of the State Long-Term Care Ombudsman shall establish guidelines
concerning activities of ombudsmen pursuant to this section.
Additionally, the transaction described in this subdivision shall be
recorded by the facility in the health records of the resident. The
record of the transaction shall include the name and address of the
purchaser, date and location of the transaction, description of
property sold, and purchase price. The instrument shall include
signatures of the resident, the purchaser, and the witnessing
ombudsman.
(b) Any owner, employee, agent, or consultant of a long-term
health care facility, or member of his or her immediate family, or
representative of a public agency or organization operating within
the long-term health care facility with state, county, or city
authority, or member of his or her immediate family, who violates
subdivision (a) shall be required to return the item or property he
or she purchased to the person from whom it was purchased, if he or
she still possesses it. If the employee no longer possesses the item
or property, he or she shall pay the person who sold the item or
property the fair market value at the time he or she would otherwise
be required to return the property.
(c) Craft items, which are those items made by residents of a
long-term health care facility, are exempt from the provisions of
this section.
(d) Any violation of this section shall be subject to a civil
penalty not to exceed one thousand dollars ($1,000) which shall be
enforced by the Department of Aging. The Department of Aging may
bring a cause of action in a court of competent jurisdiction to
enforce the provisions of this subdivision.
(e) Notwithstanding Section 1290, any person who violates this
section is guilty of an infraction and shall be punished by a fine of
not more than one hundred dollars ($100).