Section 1566.45 Of Article 7. Local Regulation From California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 7.
1566.45
. (a) (1) For purposes of this section, "bedridden" means
requiring assistance in turning and repositioning in bed or being
unable to independently transfer to and from bed, except in a
facility with appropriate and sufficient care staff, mechanical
devices, if necessary, and safety precautions, as determined by the
director in regulations.
(2) In developing the regulations for child residential
facilities, the department shall take into consideration the size and
weight of the child.
(3) For purposes of this section, the status of being bedridden
shall not include a temporary illness or recovery from surgery that
persists for 14 days or less.
(4) The determination of the bedridden status of persons with
developmental disabilities shall be made by the Director of Social
Services or his or her designated representative, in consultation
with the Director of Developmental Services or his or her designated
representative, after consulting the resident's individual safety
plan. The determination of the bedridden status of all other persons
with disabilities who are not developmentally disabled shall be made
by the Director of Social Services, or his or her designated
representative.
(b) No client shall be admitted to or retained in a residential
facility if he or she requires 24-hour skilled nursing care, except
for a facility licensed as an Adult Residential Facility for Persons
with Special Health Care Needs pursuant to Article 9 (commencing with
Section 1567.50).
(c) A bedridden person may be admitted to, and remain in, a
residential facility that secures and maintains an appropriate fire
clearance. A fire clearance shall be issued to a facility in which
one or more bedridden persons reside if either of the following
conditions are met:
(1) The fire safety requirements are met. Clients who are unable
to independently transfer to and from bed, but who do not need
assistance to turn or reposition in bed, shall be considered
nonambulatory for purposes of this paragraph.
(2) Alternative methods of protection are approved.
(d) Notwithstanding paragraph (3) of subdivision (a), a bedridden
client may be retained in a residential facility in excess of 14 days
if all of the following requirements are satisfied:
(1) The facility notifies the department in writing that the
person is recovering from a temporary illness or surgery.
(2) The facility submits to the department, with the notification
required in paragraph (1), a physician and surgeon's written
statement to the effect that the client's illness or recovery is of a
temporary nature. The statement shall contain an estimated date upon
which the illness or recovery is expected to end or upon which the
client is expected to no longer be confined to bed.
(3) The department determines that the client's health and safety
is adequately protected in the facility and that transfer to a higher
level of care is not necessary.
(4) This subdivision does not expand the scope of care and
supervision of a residential facility.
(e) Notwithstanding the length of stay of a bedridden client,
every residential facility admitting or retaining a bedridden client
shall, within 48 hours of the client's admission or retention in the
facility, notify the fire authority having jurisdiction over the
bedridden client's location of the estimated length of time the
client will retain his or her bedridden status in the facility.
(f) (1) The department and the Office of the State Fire Marshal,
in consultation with the State Department of Developmental Services,
shall each promulgate regulations that meet all of the following
conditions:
(A) Are consistent with this section.
(B) Are applicable to facilities regulated under this chapter,
consistent with the regulatory requirements of the California
Building Standards Code for fire and life safety for the respective
occupancy classifications into which the State Department of Social
Services' community care licensing classifications fall.
(C) Permit clients to remain in homelike settings.
(2) At a minimum, these regulations shall do both of the following
with regard to a residential care facility that provides care for
six or fewer clients, at least one of whom is bedridden:
(A) Clarify the fire and life safety requirements for a fire
clearance for the facility.
(B) Identify procedures for requesting the approval of alternative
means of providing equivalent levels of fire and life safety
protection. Either the facility, the client or client's
representative, or local fire official may request from the Office of
the State Fire Marshal a written opinion concerning the
interpretation of the regulations promulgated by the State Fire
Marshal pursuant to this section for a particular factual dispute.
The State Fire Marshal shall issue the written opinion within 45 days
following the request.
(g) For facilities that care for six or fewer clients, a local
fire official shall not impose fire safety requirements stricter than
the fire safety regulations promulgated for the particular type of
facility by the Office of the State Fire Marshal or the local fire
safety requirements imposed on any other single family dwelling,
whichever is more strict.
(h) This section and regulations promulgated thereunder shall be
interpreted in a manner that provides flexibility to allow bedridden
persons to avoid institutionalization and be admitted to, and safely
remain in, community-based residential care facilities.