Section 1743.15 Of Chapter 8.3. Private Duty Nursing Agencies From California Health And Safety Code >> Division 2. >> Chapter 8.3.
1743.15
. (a) Upon filing an application for a private duty nursing
agency license as provided for in, and upon the full compliance with,
the provisions of this chapter and the rules and regulations
promulgated under this chapter by the department, the department
shall issue a private duty nursing agency license to the applicant.
(b) Notwithstanding subdivision (a), any health facility, as
defined in Section 1250 that is licensed under Chapter 2 (commencing
with Section 1250) is not required to obtain a license. In order for
a health facility to establish, conduct, or maintain a private duty
nursing agency, it shall comply with all the provisions of this
chapter and be approved by the department. The approval shall be
deemed to be licensure and shall not extend past midnight on the 31st
day of December of each calendar year. The fee set forth in Section
1743.17 shall be paid before approval is granted. Approval may be
denied or withdrawn by the department on the same grounds as provided
for denial, suspension, or revocation of a private duty nursing
agency license. The department may take the same action against any
approved health facility private duty nursing agency as it may
against any licensed private duty nursing agency under this chapter.
(c) As an alternative to subdivision (a), the department may issue
a license to a private duty nursing agency that meets the
requirements for a home health agency as provided in subdivision (a)
of Section 1728.7, including accreditation, except the application
and fees shall be submitted pursuant to this chapter. If the
department issues a license pursuant to this subdivision,
subdivisions (b), (c), and (d) of Section 1728.7 as they apply to
home health agencies shall apply to private duty nursing agencies.
(d) A currently licensed home health agency may apply for
conversion of that license to a private duty nursing license by
filing a written request with the department. If the home health
agency holds a valid license and is in good standing, the department
shall issue a private duty nursing agency license to that applicant
within 30 days of receiving the application.