Section 1796.35 Of Article 6. Licensure Of Home Care Organizations From California Health And Safety Code >> Division 2. >> Chapter 13. >> Article 6.
1796.35
. (a) Subject to the exceptions set forth in Section
1796.17, an individual, partnership, corporation, limited liability
company, joint venture, association, or other entity shall not
arrange for the provision of home care services by a registered home
care aide to a client in this state before obtaining a license
pursuant to this chapter. This shall be deemed "unlicensed home care
services."
(b) Upon discovering an individual or entity is in violation of
subdivision (a), the department shall send a written notice of
noncompliance to the individual or entity and assess a civil penalty
of nine hundred dollars ($900) per day for each calendar day of each
violation.
(c) Upon discovering that an individual or entity is in violation
of subdivision (a), the department shall send a copy of the written
notice of noncompliance to the individual or entity and to the
Attorney General or appropriate district attorney or city attorney.
(d) Upon receiving this notice, the Attorney General, district
attorney, or city attorney may do any or all of the following:
(1) Issue a cease and desist order, which shall remain in effect
until the individual or entity has obtained a license pursuant to
this chapter. If the individual or entity fails to comply with the
cease and desist order within 20 calendar days, the Attorney General,
district attorney, or city attorney may apply for an injunction.
(2) Bring an action against the individual or entity under Chapter
5 (commencing with Section 17200) of Part 2 of Division 7 of the
Business and Professions Code.