Section 1747 Of Article 2. Licensure From California Health And Safety Code >> Division 2. >> Chapter 8.5. >> Article 2.
1747
. (a) No person, political subdivision of the state, or other
governmental agency, that is not operating a hospice as of January 1,
1991, shall establish or operate a hospice without first obtaining a
license under this chapter.
(b) Any person, political subdivision of the state, or other
governmental agency, that is operating a hospice as of January 1,
1991, may continue to operate the hospice only under the following
conditions:
(1) The person, political subdivision of the state, or other
governmental agency shall apply to the state department for a license
under this chapter within 60 days after forms for the application of
licensure under this chapter are available from the state
department.
(2) The person, political subdivision of the state, or other
governmental agency shall cease calling or referring to itself as a
hospice upon the final decision of the director upholding the state
department's denial of an application for licensure under this
chapter.
(c) Nothing in this chapter shall preclude the ongoing use of the
title "volunteer hospice" by those organizations that satisfy all of
the following:
(1) They do not provide skilled nursing services.
(2) They do not charge patients or families for hospice services,
and they do not receive third-party insurance payments for services
rendered.
(3) They satisfy the disclosure requirements specified in
subdivision (c) of Section 1748.
(d) A small and rural hospice is exempt from the licensing
provisions of this chapter and the disclosure requirements of
subdivision (c) of Section 1748. A small and rural hospice may
provide skilled nursing services and may use the title "volunteer
hospice." For purposes of this chapter, a "small and rural hospice"
means a hospice that provides services to less than 50 patients per
year, does not charge for services, does not receive third-party
payment for services rendered, and is not located in a standard
metropolitan statistical area.