Section 1743.11 Of Chapter 8.3. Private Duty Nursing Agencies From California Health And Safety Code >> Division 2. >> Chapter 8.3.
1743.11
. (a) If a private duty nursing agency or an applicant for a
license has not been previously licensed, the department may only
issue a provisional license to the agency as provided in this
section.
(b) A provisional license to operate a private duty nursing agency
shall terminate six months from the date of issuance.
(c) Within 30 days prior to the termination of a provisional
license, the department shall give the agency a full and complete
inspection, and, if the agency meets all applicable requirements for
licensure, a regular license shall be issued. If the private duty
nursing agency does not meet the requirements for licensure, but has
made substantial progress towards meeting the requirements, as
determined by the department, the initial provisional license shall
be renewed for six months.
(d) If the department determines that there has not been
substantial progress towards meeting licensure requirements at the
time of the first full inspection provided by this section, or, if
the department determines upon its inspection made within 30 days of
the termination of a renewed provisional license that there is lack
of full compliance with the requirements, no further license shall be
issued.
(e) If an applicant for a provisional license to operate a private
duty nursing agency has been denied provisional licensing by the
state department, the applicant may contest the denial by filing a
request for a hearing pursuant to Section 100171.
(f) The department shall not apply less stringent criteria when
granting a provisional license pursuant to this section than it
applies when granting a permanent license.