Article 3. Enforcement of California Health And Safety Code >> Division 2. >> Chapter 8.5. >> Article 3.
(a) A licensed hospice, at the state department's option, may
periodically be inspected by a duly authorized representative of the
state department. Reports of each inspection shall be prepared by
the representative who conducted the inspection, upon forms prepared
and furnished by the state department, and filed with the state
department. The inspection shall be for the purpose of ensuring that
this chapter and the rules and regulations adopted under this chapter
are being followed.
(b) Any officer, employee, or agent of the state department, who
has been assigned the responsibility of enforcing this chapter, may
enter and inspect any building or premises where hospice care is
being provided, as well as any form, record, or file of a licensee at
any reasonable time to assure compliance with, or to prevent the
violation of, any provision of this chapter.
(a) The state department shall adopt, amend, or repeal, in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, reasonable rules
and regulations as may be necessary or proper to carry out the
purposes and intent of this chapter and to enable the state
department to exercise the powers and perform the duties conferred
upon it by this chapter. The state department shall adopt any
regulation needed to commence the licensing of hospices pursuant to
this chapter on or before June 30, 1992. The department shall consult
with licensed hospices, small and rural hospices, and volunteer
hospice providers in developing regulations pursuant to this chapter.
(b) The state department shall adopt rules and regulations
regarding the purchase, storage, furnishing, and transportation of
legend devices for a patient of a hospice. 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.
(a) Any licensee may, with the approval of the state
department, surrender his or her license for suspension or
cancellation by the state department.
(b) Any license suspended or canceled pursuant to this section may
be reinstated by the state department upon receipt of an application
showing compliance with this chapter.
(a) The state department may deny any application for
licensure, or suspend or revoke any license issued, under this
chapter upon any of the following grounds:
(1) Violation by the applicant or licensee of this chapter or any
rules and regulations promulgated by the state department under this
(2) Any felony conviction of the applicant or licensee for the
violation of any law of this state.
(3) Any conviction of the applicant or licensee for aiding,
abetting, or permitting the commission of any act that is a felony in
(4) The applicant's or licensee's misrepresentation of a material
fact in the application for a license under this chapter.
(b) Proceedings for the denial, suspension, or revocation of
licenses under this chapter shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code. In the case of a conflict between
this chapter and Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, Chapter 5
(commencing with Section 11500) shall control.
(a) The suspension, expiration, or forfeiture by operation of
law of a license issued by the state department under this chapter,
the suspension or cancellation of a license by order of the state
department or by order of a court of law, or the surrender of a
license without the written consent of the state department shall not
deprive the state department of its authority to institute or
continue any disciplinary proceeding against the licensee pursuant to
(b) Any license revoked pursuant to this chapter may be reinstated
pursuant to Section 11522 of the Government Code.
Any person who violates any provision of this chapter or any
rule or regulation promulgated under this chapter is guilty of a
misdemeanor, and upon conviction thereof, shall be punished by a fine
not to exceed five hundred dollars ($500), by imprisonment in the
county jail for a period not to exceed 180 days, or by both the fine
The director may bring an action to enjoin the violation or
threatened violation of Section 1748 in the superior court in and for
the county in which the violation occurred or is about to occur. Any
proceeding under this section shall conform to the requirements of
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure, except that the director shall not be
required to allege facts necessary to show or tending to show the
lack of an adequate remedy at law or to allege facts necessary to
show or tending to show irreparable damage or loss.
The district attorney of every county shall, upon application
by the state department or its authorized representative, institute
and conduct the prosecution within his or her county of any action
for violation of this chapter.