Section 1743.23 Of Chapter 8.3. Private Duty Nursing Agencies From California Health And Safety Code >> Division 2. >> Chapter 8.3.
1743.23
. (a) The department shall apply its current regulations
governing home health agencies to home health agencies and to private
duty nursing agencies and may thereafter modify, amend, or rescind,
reasonable rules and regulations to carry out the purposes of this
chapter, including, the prohibition of specific conduct, determined
by the department to be inimical to the public health, morals,
welfare, or safety of the people of the State of California in the
maintenance and operation of a private duty nursing services agency
for which a license is issued. In adopting, modifying, amending, or
rescinding the rules and regulations, the department shall consult
with, and receive recommendations from, among others, physicians and
surgeons, pharmacists, public health nurses, and persons representing
hospitals, nonprofit home health and private duty nursing agencies,
proprietary home health and private duty nursing agencies, and
counties whose health department or hospital has a home health or
private duty nursing agency. The department shall also comply with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
(b) The department shall apply current rules and regulations
governing home health agencies regarding the purchase, storage,
furnishing, and transportation of legend devices for a patient of a
private duty nursing agency. As used in this subdivision, "legend
devices" means any device that bears the label "Caution: federal law
restricts this device to sale by or on the order of a ____" or words
of similar meaning.
(c) It is the intent of the Legislature that the department apply
current regulations governing home health agencies to private duty
nursing facilities that are similar to those that govern home health
agencies including, but not limited to, those regulations related to
services and the scope and duration of benefits, except to the extent
the regulations would be inconsistent with the authority provided
under, and the restrictions prescribed by, this chapter.