Section 1569.153 Of Article 2. Licensing From California Health And Safety Code >> Division 2. >> Chapter 3.2. >> Article 2.
1569.153
. A theft and loss program shall be implemented by the
residential care facilities for the elderly within 90 days after
January 1, 1989. The program shall include all of the following:
(a) Establishment and posting of the facility's policy regarding
theft and investigative procedures.
(b) Orientation to the policies and procedures for all employees
within 90 days of employment.
(c) Documentation of lost and stolen resident property with a
value of twenty-five dollars ($25) or more within 72 hours of the
discovery of the loss or theft and, upon request, the documented
theft and loss record for the past 12 months shall be made available
to the State Department of Social Services, law enforcement agencies
and to the office of the State Long-Term Care Ombudsman in response
to a specific complaint. The documentation shall include, but not be
limited to, the following:
(1) A description of the article.
(2) Its estimated value.
(3) The date and time the theft or loss was discovered.
(4) If determinable, the date and time the loss or theft occurred.
(5) The action taken.
(d) A written resident personal property inventory is established
upon admission and retained during the resident's stay in the
residential care facility for the elderly. Inventories shall be
written in ink, witnessed by the facility and the resident or
resident's representative, and dated. A copy of the written inventory
shall be provided to the resident or the person acting on the
resident's behalf. All additions to an inventory shall be made in
ink, and shall be witnessed by the facility and the resident or
resident's representative, and dated. Subsequent items brought into
or removed from the facility shall be added to or deleted from the
personal property inventory by the facility at the written request of
the resident, the resident's family, a responsible party, or a
person acting on behalf of a resident. The facility shall not be
liable for items which have not been requested to be included in the
inventory or for items which have been deleted from the inventory. A
copy of a current inventory shall be made available upon request to
the resident, responsible party, or other authorized representative.
The resident, resident's family, or a responsible party may list
those items which are not subject to addition or deletion from the
inventory, such as personal clothing or laundry, which are subject to
frequent removal from the facility.
(e) Inventory and surrender of the resident's personal effects and
valuables upon discharge to the resident or authorized
representative in exchange for a signed receipt.
(f) Inventory and surrender of personal effects and valuables
following the death of a resident to the authorized representative in
exchange for a signed receipt. Immediate written notice to the
public administrator of the county upon the death of a resident whose
heirs are unable or unwilling to claim the property as specified in
Chapter 20 (commencing with Section 1140) of Division 3 of the
Probate Code.
(g) Documentation, at least semiannually, of the facility's
efforts to control theft and loss, including the review of theft and
loss documentation and investigative procedures and results of the
investigation by the administrator and, when feasible, the resident
council.
(h) Establishment of a method of marking, to the extent feasible,
personal property items for identification purposes upon admission
and, as added to the property inventory list, including engraving of
dentures and tagging of other prosthetic devices.
(i) Reports to the local law enforcement agency within 36 hours
when the administrator of the facility has reason to believe resident
property with a then current value of one hundred dollars ($100) or
more has been stolen. Copies of those reports for the preceding 12
months shall be made available to the State Department of Social
Services and law enforcement agencies.
(j) Maintenance of a secured area for residents' property which is
available for safekeeping of resident property upon the request of
the resident or the resident's responsible party. Provide a lock for
the resident's bedside drawer or cabinet upon request of and at the
expense of the resident, the resident's family, or authorized
representative. The facility administrator shall have access to the
locked areas upon request.
(k) A copy of this section and Sections 1569.152 and 1569.154 is
provided by a facility to all of the residents and their responsible
parties, and, available upon request, to all of the facility's
prospective residents and their responsible parties.
( l) Notification to all current residents and all new residents,
upon admission, of the facility's policies and procedures relating to
the facility's theft and loss prevention program.
(m) Only those residential units in which there are no unrelated
residents and where the unit can be secured by the resident or
residents are exempt from the requirements of this section.