ARTICLE 2 - LICENSING AND INSPECTION
77037. Application Required
- Establishment of a facility.
- Change in the entity tat operates, conducts, maintains, or manages the facility.
The licensee shall submit a signed application for a corrected license to the Department whenever any of the following occur:
- Construction of a new or replacement facility.
- Increase in licensed bed capacity.
- Change of license category.
- Change in name of facility.
- Change in location of facility.
- Change in bed classification.
- Decrease in licensed bed capacity.
Applications for acute psychiatric inpatient services under a PHF license do not constitute application for any other license or certification category.
77038. Application Procedure for Obtaining a License
The Department shall inform the applicant, within 30 calendar days of receipt of an application for a license that the application is complete and accepted for filing, or that the application is deficient and what specific information, documentation or fee is required to complete the application.
It is considered complete when all documents, information or fees required to be submitted on or with an application have been received by the Department.
If the applicant fails to respond with 30 calendar days to the Department's request pursuant to (a)(1) above for additional information, documentation, or fees, the application shall be deemed to have been withdrawn by the applicant.
Any applicant deemed to have withdrawn an application pursuant to subsection (b) above may re-apply by submitting a new application.
The Department, within 60 calendar days of submission of a completed application, shall notify the applicant in writing, of the agency's decision regarding the application.
If the Department fails to notify an applicant within the time period specified in (d) above, the applicant may appeal in writing directly to the Director. The written appeal shall include:
- An identification of the applicant and the application.
- The date upon which the application was submitted.
- A copy of any correspondence between the Department and the applicant regarding the application.
- Any other information which the applicant wishes to submit regarding the timeliness of the Department's consideration of the application.
Nothing in this section shall be construed to require the Department issue a license as a psychiatric health facility
77039. Safety, Zoning and Building Clearance
A License shall not be issued to any psychiatric health
facility which does not conform to the State Fire Marshal's
requirement for fire and life safety, the State requirements
for environmental impact, and local fire safety, zoning
and building ordinances. Evidence of such compliances
shall be presented in writing to the Department.
The inspection for fire and life safety may be completed by the local fire authority after an inspection request is forwarded to the Department by the facility.
It shall be the responsibility of the licensee to maintain the psychiatric health facility in a safe structural condition. If the Department determines that an evaluation of the structural condition of a psychiatric health facility building is necessary, the licensee may be required to submit a report by a licensed structural engineer which shall establish a basis for eliminating or correcting the structural conditions which are found to be hazardous to occupants.
There are no requirements which are reviewed by the Office of Statewide Health Planning and Development (OSHPD).
PHFs are reviewed only under local building codes. Surveyors will look for open and obvious safety hazards.
77041. Issuance, Expiration and Renewal
Each initial license shall be issued in accordance with Section 1267, Health and Safety code, and shall expire at midnight, one year from the date of issue.
Each renewal license shall be issued in accordance with Section 1267, Health and Safety Code.
77043. Seperate License
A separate license shall be required for each psychiatric health facility that is maintained on separate premises even though they are under the same management.
Separate licenses shall not be required for separate buildings on the same grounds or adjacent grounds provided that they operate as one psychiatric health facility.
A licensed psychiatric health facility may not operated with, or hold any other license or certificate to provide services without the written permission of the Department. A psychiatric health facility must be an independent entity not dependent upon any other facility for its staff, facility or program.
77045. Posting of License and consumer Information
The license, or a true copy thereof, shall be posted in a prominent location with the licensed premises and accessible to public view.
Any approval of the Department granted under program flexibility shall be posted immediately adjacent to the facility's license.
The following consumer information shall be posted in
a prominent location accessible to public view.
Name of the current administrator of the facility.
A notice that the facility's written admission and discharge policies are available upon request.
Most recent licensing visit report supported by the related follow-up plan of correction visit reports.
A notice of the name, address and telephone number of the district office of the Licensing and Certification Section, Department of Mental Health, having jurisdiction over the facility.
Notice of the name, address and telephone number of the Department will be posted as follows:
California State Department of Mental Health
Licensing and Certification
1600 9th Street
Sacramento, CA 95814
77047. Report of Changes
The licensee shall notify the Department within 10 days, in writing, of any of the following:
- Any change of clinical director or administrator of business and support services.
- Any change of the principal officers of the corporation if other than a pubic entity.
- Any change of the mailing address of the licensee.
77049. Program Flexibility
All facilities shall maintain continuous compliance with the licensing requirements. Such requirements, however, do not prohibit the use of alternate concepts, pursuant to Section 1276 (b) of the Health and Safety Code.
All requests for program flexibility will be addressed to:
Licensing and Certification
1600 9th Street
Sacramento, CA 95814
77051. Voluntary Suspension of Licensure or Licensed Beds
Any license or portion thereof, which has been suspended for a period of time approved by the department shall remain subject to all renewal requirements of an active license, including the payment of license renewal fees during the period of suspension.
If the license is not reinstated during the period of approved suspension, the license shall expire automatically and shall not qualify for reinstatement; however, an application may be submitted for a new license.
77052. Suspension and Revocation
The suspension and revocation of a license shall be initiated in accordance with Health and Safety Code, Section 1294.
Psychiatric health facilities with the exception of psychiatric health facilities operated by public entities, which handle $25.00 or more per patient or $500.00 or more for all patients within any one month, shall post a bond in accordance with the following schedule:
AMOUNT HANDLED BOND REQUIRED
- $25.00 per patient or
- $500 to $750 per month $1,000
- $751 to $1,000 $2,000
- $1,501 to $2,500 $3,000
An additional $1,000. bond shall be required for each
$1,000 or fraction thereof of patients' funds handled
by the facility in excess of $2,500.00.
Each application for an original license or renewal of license, with the exception of psychiatric health facilities operated by public entities, shall be accompanied by an affidavit on a form provided by the Department. The affidavit shall state whether the licensee handles or will handle money of patients and the maximum amount of money to be handled for any patient and for all patients in any month.
No licensee shall handle amounts greater than those stated in the affidavit submitted by the licensee without first notifying the Department and filing a new or revised bond if required.
77055. Convictions of Crime: Standards for Evaluating Rehabilitation
When considering the denial, suspension or revocation
of a license based on the conviction of a crime in accordance
with Section 1265.1 or 1294 of the Health and Safety
Code, the following criteria shall be considered in
The nature and the seriousness of the crime(s) under consideration.
Evidence of conduct subsequent to the crime which suggests responsible or irresponsible character.
The time which has elapsed since commission of the crime or conduct referred to in subsection (1) or (2) above.
The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.
Any rehabilitation evidence submitted by the applicant.