1760.4
. (a) The state department shall develop and adopt
regulations for the licensure of, and shall license, pediatric day
health and respite care facilities. The regulations shall include
minimum standards for the following:
(1) Adequacy, safety, and sanitation of the physical plant and
equipment.
(2) Staffing with duly qualified personnel.
(3) Training of the staff.
(4) Providing the services offered.
These regulations shall be filed with the Secretary of State no
later than July 1, 1993.
(b) The state department shall establish within the state
department an advisory committee of experts to assist in the
development of the regulations required pursuant to this section. A
representative of the state department shall act as chairperson of
the committee. The members of the committee shall serve without
compensation, but shall be reimbursed by the state department for all
necessary expenses incurred in the actual performance of their
duties. To the extent sufficient funds have been appropriated in the
Budget Act, the state department may provide staff support to the
committee as the state department deems is necessary for the conduct
of the committee's business. The committee shall meet at the state
director's pleasure until the time that the proposed regulations are
presented for adoption at the public hearing.
(c) Pending adoption of the regulations pursuant to subdivision
(b), an entity may be licensed as a pediatric day health and respite
care facility if it meets interim regulations administered by the
state department for congregate living health facilities pursuant to
Section 1267.13.
(d) (1) In addition to the exceptions from regulations described
in subdivision (n) of Section 1267.13, a pediatric day health and
respite care facility shall not be required to conform to the
following regulations contained in Chapter 3 of Division 5 of Title
22 of the California Code of Regulations: 72329.1, 72353, 72359,
72363, 72365, 72371, subdivisions (b) and (c) of Section 72375,
subdivision (b) of Section 72377, 72516, 72525, and 72531.
(2) A pediatric day health and respite care facility shall not be
required to meet the requirements of Section 72367 of Article 3 of
Chapter 3 of Division 5 of Title 22 of the California Code of
Regulations, except that medications brought by or with the patient
on admission to the facility shall not be used unless, after
admission by the facility, the contents of the containers have been
examined and positively identified by a licensed nurse, in accordance
with his or her scope of practice.
(e) A pediatric day health and respite care facility shall have a
patient care committee to address quality of care provided in the
facility, including, but not limited to, patient care policies,
pharmacy services, and infection control.
(1) The pediatric day health and respite care facility shall
maintain minutes of every committee meeting and indicate the names of
members present, the date, the length of the meeting, the subject
matter discussed, and any action taken.
(2) The patient care committee shall include the medical director,
dietician, pharmacist, nursing staff, nurse supervisor, center
administrator or director, and other staff as may be required by
facility policies and procedures.
(3) The patient care committee shall meet at least twice per year
or more often if a need or problem is identified by the committee.
(4) The patient care committee shall be responsible for all of the
following:
(A) Reviewing and approving all policies relating to patient care.
Based on reports received from the pediatric day health and respite
care facility's administrator, the committee shall review the
effectiveness of policy implementation and shall make recommendations
to the administrator of the facility for the improvement of patient
care. The committee shall review patient care policies annually and
revise the policies as necessary. The committee's minutes shall list
the policies the committee reviewed.
(B) Infection control in the facility, which shall include, but
not be limited to, establishing, reviewing, monitoring, and approving
policies and procedures for investigating, controlling, and
preventing infections in the facility, and maintaining, reviewing,
and reporting statistics of the number, types, sources, and locations
of infections within the pediatric day health and respite care
facility.
(C) Establishing, reviewing, and monitoring the storage and
administration of drugs and biologicals, reviewing and taking
appropriate action based on any findings from a pharmacist hired to
consult with the committee and internal quality assurance reviews,
and recommending improvements of services to the administrator of the
facility.
(f) (1) A pediatric day health and respite care facility shall
comply with licensing requirements. The state department may, upon
written request of an applicant or licensee, approve the use of
alternate concepts, methods, procedures, techniques, equipment,
personnel qualifications, or conducting pilot projects, provided
those alternatives are carried out with safe and adequate care for
the patients and with the prior written approval of the state
department. The state department's approval shall provide for the
terms and conditions under which the alternatives are granted. An
applicant's or licensee's written request shall be accompanied by
substantiating evidence supporting the request pursuant to this
paragraph.
(2) The state department's review of written requests submitted
under this subdivision shall consider the unique nature of services
provided to individuals served by the pediatric day health and
respite care facility when compared to the requirements for
congregate living health facilities for individuals requiring
inpatient care.
(3) If the state department grants an approval under this
subdivision, a pediatric day health and respite care facility shall
immediately post that approval, or a true copy of that approval,
adjacent to the facility's license.