Section 1339.43 Of Article 10.6. Hospice Licensing From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 10.6.
1339.43
. (a) A hospice facility shall provide a home-like
environment that is comfortable and accommodating to both the patient
and patient's visitors.
(b) Building standards for hospice facilities adopted pursuant to
this chapter relating to fire and panic safety, and other regulations
for hospice facilities adopted pursuant to this chapter, shall apply
uniformly throughout the state. No city, county, city and county,
including a charter city or charter county, or fire protection
district shall adopt or enforce any ordinance or local rule or
regulation relating to fire and panic safety in buildings or
structures subject to this section that is inconsistent with the
rules and regulations for hospice facilities adopted pursuant to this
chapter.
(c) The hospice facility shall meet the fire protection standards
set forth in the federal Medicare conditions of participation (42
C.F.R. Part 418 et seq.).
(d) A hospice facility may operate as a freestanding health
facility.
(1) Until the Office of the State Fire Marshal, in consultation
with the Office of Statewide Health Planning and Development,
develops and adopts building standards for hospice facilities, a
freestanding hospice facility shall meet applicable building
standards and requirements relating to the physical environment of
the facility as specified in Section 418.110 of Title 42 of the Code
of Federal Regulations. The building standards developed shall, at a
minimum, maintain the requirements specified in that section.
(2) A freestanding hospice facility shall be under the
jurisdiction of the local building department. As part of the license
application, the prospective licensee shall submit evidence of
compliance with applicable building standards for hospice facilities.
(3) The physical environment of the hospice facility shall be
adequate to provide the level of care and service required by the
residents of the facility as determined by the department.
(e) A hospice facility may be located within the physical plant of
another health facility.
(1) Notwithstanding subdivision (d) and paragraphs (8) and (9) of
subdivision (b) of Section 129725, a hospice facility located within
the physical plant of another licensed health facility that is under
the jurisdiction of the Office of Statewide Health Planning and
Development, shall meet the building standards for that category of
health facility within which the hospice facility is located, and
plans shall be submitted to the office for review of any new
construction or renovation of these hospice facilities. As part of
the license application, the prospective licensee shall submit
evidence of compliance with the building codes enforced by the Office
of Statewide Health Planning and Development.
(2) The physical environment of the facility shall be adequate to
provide the level of care and service required by the residents of
the facility as determined by the department.
(3) In the event the space used by the hospice facility reverts
back to the facility with which the hospice facility shared the
space, the building standards applicable to the former shared space,
as identified by date of enactment of the standards, shall not change
due solely to the reversion.
(4) A hospice facility that provides inpatient hospice care and is
located within, adjacent to or physically connected to another
health facility shall provide all of the following:
(A) A designated nursing station.
(B) Adequate space for the preparation of drugs with lockable,
secure storage that is accessible only by authorized personnel.
(C) Signage that shall clearly demarcate the hospice facility area
from the facility with which the hospice facility shares space.
(D) Doors for every exit and entrance to the hospice facility.
(E) Contiguous beds within the designated area set aside for the
hospice facility.
(f) If a freestanding hospice facility is located on the site of
or is physically connected to a health facility that is under the
jurisdiction of the Office of Statewide Health Planning and
Development or both, the hospice facility shall submit plans for any
new construction or renovation of the hospice facility to the office
for plan review and approval. The Office of Statewide Health Planning
and Development shall review the hospice facility plans to identify
any impacts to the health facility under the office's jurisdiction
that may compromise the health facility's continued compliance with
applicable laws and regulations.