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| 1 | + | Amended IN Assembly April 25, 2024 Amended IN Assembly April 10, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2075Introduced by Assembly Member Alvarez(Coauthor: Assembly Member Gallagher)February 05, 2024 An act to add Sections 1546.5 and 1569.3185 to, and to add Chapter 2.47 (commencing with Section 1439.70) to Division 2 of, the Health and Safety Code, relating to health and care facilities. LEGISLATIVE COUNSEL'S DIGESTAB 2075, as amended, Alvarez. Resident Access Protection Act.Existing law, including the California Residential Care Facilities for the Elderly Act and the California Community Care Facilities Act, requires the licensure and regulation of certain residential health and care facilities and establishes specified rights for the residents of these licensees. Existing law makes a violation of certain of these provisions or a willful or repeated violation of any rule or regulation promulgated under these provisions a crime.This bill would enact the Resident Access Protection Act. The act would provide a resident of a long-term care facility with the right to in-person, onsite access to a visitor or a health care and social services provider during a public health emergency in which visitation rights of residents are curtailed by a state or local order, as specified. The act would prescribe how a resident may leave their long-term care facility on outings during a public health emergency. The act would require a long-term care facility, among other things, to provide safety protocols required of care staff, visitors, and health and social services providers during a public health emergency to the residents, resident representatives, and visitors in writing. A violation of the act would be a crime and subject to civil penalties. By creating a new crime, this bill would impose a state-mandated local program.The act would authorize a state or local government order to supersede its provisions during a declared state of emergency, local emergency, health emergency, or local health emergency to limit the number of visitors or health care and social services providers who may simultaneously visit a resident, except as specified. The bill would authorize a state or local government order to specify the terms by which visitors or health care and social services providers can demonstrate their proficiency to follow the same safety protocols required by staff. The act would provide that its provisions may not otherwise be suspended, superseded, or modified.The bill would require certain facilities licensed pursuant to the California Residential Care Facilities for the Elderly Act and the California Community Care Facilities Act to comply with these requirements. By expanding the duties of these health care facilities, this bill would expand an existing crime, thereby imposing a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The COVID-19 pandemic had a devastating impact on residents of long-term care facilities. In addition to sickness and death due to COVID-19 infections, residents suffered incalculable loss due to prolonged visitation restrictions that separated residents from their families, friends, and essential support persons.(b) Support persons with access to in-person contact provide, among other things, companionship, psychosocial support, cognitive stimulation, communication assistance, assistance with daily living tasks, such as eating, dressing, and hygiene support, meaningful connection, relational continuity, decisionmaking assistance, transportation, and physical activities, and fulfill other personal needs for long-term care facility residents.(c) It is imperative, at all times, for individuals residing in long-term care facilities tohave access to family members, chosen family, and friends. The Legislature affirms that a resident having physical access to family members or friends who provide support is necessary to mitigating a decline in the residents physical, mental, and emotional well-being. Therefore, when a public health emergency precipitates government-ordered visitation restrictions, the Legislature deems it necessary to allow residents to have immediate and unscheduled physical access to visitors without restriction on time, frequency, physical contact, or proximity, with certain exceptions.(d) While visitors provide essential support to long-term care residents, their access should not be seen as a substitute for consistent, ongoing care from facility staff.SEC. 2. Chapter 2.47 (commencing with Section 1439.70) is added to Division 2 of the Health and Safety Code, to read: CHAPTER 2.47. Resident Access Protection Act1439.70. For the purposes of this chapter, the following definitions shall apply:(a) Compassionate care visit means an in-person, onsite social interaction for a resident whose health has sharply declined, is experiencing a significant change in condition, or is otherwise suffering. This includes, but is not limited to, end of life or hospice care, a cessation of eating or drinking or significant weight loss, transition to a new care setting, grief, an emergency as defined in paragraph (1) of subdivision (a) of Section 1418.8, or a significant or rapid decline in mental or emotional health.(b) Health care and social services provider means an individual who is not a staff or visitor but provides health care or social support to a resident. This includes, but is not limited to, a health care worker, hospice provider, paid caregiver, personal care assistant, care manager, dentist, social worker, case manager, financial planner, conservator, and spiritual care provider.(c) Long-term care facility means any of the facilities listed in Sections 1418 or paragraph (1) of subdivision (a) of Section 1502 of this code and subdivision (b) of Section 9701 of the Welfare and Institutions Code, unless excluded by any of those provisions.(d) Public health emergency means a public health-related condition that results in the declaration of a state of emergency or local emergency, as defined in Section 8558 of the Government Code, or the declaration of a health emergency or local health emergency, as described in Section 101080, and that triggers a state or local government order to restrict the visitation rights of residents in a long-term care facility. A public health-related condition may include, but is not limited to, a natural disaster, an outbreak of an infectious disease, or a bioterrorist attack, if within the scope of Section 101080 of this code or Section 8558 of the Government Code.(e) Resident means a resident or patient of a long-term care facility.(f) Resident representative means an individual who has authority to act on behalf of the resident, including, but not limited to, a conservator, guardian, person authorized as agent in the residents advance health care directive, the residents spouse, registered domestic partner, or family member, a person designated by the resident to act as a representative, or other surrogate decisionmaker designated in accordance with statutory and case law.(g) Staff means an individual employed by, or contracted directly with, the long-term care facility and who provides care to residents.(h) Visitor means an individual who visits with a resident with the consent of the resident or resident representative.1439.71. Subject to Section 1439.72, the following shall apply:(a) (1) Each resident of a long-term care facility shall have the right to in-person, onsite access to visitors and health care and social services providers during any public health emergency in which visitation rights of residents are curtailed by a state or local order.(2) At the discretion of the resident or their representative, a visitor and health care and social services providers shall have the right to enter the residents dwelling and provide private support or care. The long-term care facility may limit the access of a visitor or health care and social services provider within the long-term care facility to the resident and to the areas in which the resident resides or receives care, consistent with the state or local order.(3) A long-term care facility shall allow a resident to have their visitor and health care and social services provider be physically present, consistent with the same hours of visitation required when there is no public health emergency.(b) During a public health emergency, a resident of a long-term care facility shall have the right to leave the facility on outings subject to a state or local government order prescribing the safety protocols governing their outing and return. These safety protocols shall not exceed what is required of staff.1439.72. (a) A long-term care facility may require visitors and health care and social services providers to adhere to safety protocols not greater than required of facility staff during a public health emergency for the duration of their visit. The long-term care facility shall provide personal protective equipment and testing resources to each visitor, to the extent that those resources have been made readily available to the long-term care facility by state or local entities for this purpose. The provision of personal protective equipment and testing resources to visitors is not intended to inhibit access to emergency supplies for staff. Visitors may use their own supplies so long as they meet or exceed the minimum standards set forth by state or local order.(b) (1) A long-term care facility shall provide safety protocols required of care staff, visitors, and health and social services providers during a public health emergency to the residents, resident representatives, and visitors in writing.(2) (A) The facility shall provide the required safety protocols in the individuals primary or preferred language, if made available to the facility by state or local entities. Changes in safety protocols shall be communicated, as soon as practically possible, to the residents, resident representatives, and visitors in writing in the individuals primary or preferred language, if made available to the facility by state or local entities.(B) If the individual is hearing impaired or vision impaired, the long-term care facility shall provide the required protocols in an accessible format, if made available to the facility by state or local entities.(c) A long-term care facility shall not require visitors and health care and social services providers to adhere to safety protocols that have not been communicated as set forth in this section. This does not preclude a long-term care facility from informing a visitor upon their arrival of updated protocols or recent changes in protocols that impact their role as a visitor.1439.73. (a) A state or local government order may supersede this chapter during a declared state of emergency, local emergency, health emergency, or local health emergency, as described in Section 1439.70, to limit the number of visitors or health care and social services providers who may simultaneously visit a resident, except for compassionate care visits, or require visitors or health care and social services providers to follow the same safety protocols required of facility staff. A state or local government order may state the terms by which visitors or health care and social services providers can demonstrate their proficiency to follow the same safety protocols required of staff. This chapter may not otherwise be suspended, superseded, or modified.(b) This section shall not be interpreted to allow visitors to enter a long-term health facility during an evacuation, or in the event there are first responders onsite who are refusing entry to the facility.1439.74. (a) A violation of this chapter shall be treated as a violation under Chapter 2 (commencing with Section 1250), Chapter 2.4 (commencing with Section 1417), or Chapter 3.2 (commencing with Section 1569). For purposes of civil penalties, a violation of this chapter shall constitute a class B violation as defined in subdivision (e) of Section 1424 for long-term health care facilities, or shall be subject to a civil penalty as described in subdivision (a) of Section 1569.49 for residential care facilities for the elderly.(b) This chapter does not supersede or otherwise limit the statutory, regulatory, or other legal authority of government surveyors and inspectors, the long-term care ombudsman, patient advocates, law enforcement officials, and other officials to access long-term care facilities or residents in accordance with state or federal law, including Section 9718.5 of the Welfare and Institutions Code.SEC. 3. Section 1546.5 is added to the Health and Safety Code, to read:1546.5. Every residential facility shall abide by the provisions of the Resident Access Protection Act (Chapter 2.47 (commencing with Section 1439.70)).SEC. 4. Section 1569.3185 is added to the Health and Safety Code, immediately following Section 1569.318, to read:1569.3185. Every residential care facility for the elderly shall abide by the provisions of the Resident Access Protection Act (Chapter 2.47 (commencing with Section 1439.70)).SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
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| 3 | + | Amended IN Assembly April 25, 2024 Amended IN Assembly April 10, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2075Introduced by Assembly Member Alvarez(Coauthor: Assembly Member Gallagher)February 05, 2024 An act to add Sections 1546.5 and 1569.3185 to, and to add Chapter 2.47 (commencing with Section 1439.70) to Division 2 of, the Health and Safety Code, relating to health and care facilities. LEGISLATIVE COUNSEL'S DIGESTAB 2075, as amended, Alvarez. Resident Access Protection Act.Existing law, including the California Residential Care Facilities for the Elderly Act and the California Community Care Facilities Act, requires the licensure and regulation of certain residential health and care facilities and establishes specified rights for the residents of these licensees. Existing law makes a violation of certain of these provisions or a willful or repeated violation of any rule or regulation promulgated under these provisions a crime.This bill would enact the Resident Access Protection Act. The act would provide a resident of a long-term care facility with the right to in-person, onsite access to a visitor or a health care and social services provider during a public health emergency in which visitation rights of residents are curtailed by a state or local order, as specified. The act would prescribe how a resident may leave their long-term care facility on outings during a public health emergency. The act would require a long-term care facility, among other things, to provide safety protocols required of care staff, visitors, and health and social services providers during a public health emergency to the residents, resident representatives, and visitors in writing. A violation of the act would be a crime and subject to civil penalties. By creating a new crime, this bill would impose a state-mandated local program.The act would authorize a state or local government order to supersede its provisions during a declared state of emergency, local emergency, health emergency, or local health emergency to limit the number of visitors or health care and social services providers who may simultaneously visit a resident, except as specified. The bill would authorize a state or local government order to specify the terms by which visitors or health care and social services providers can demonstrate their proficiency to follow the same safety protocols required by staff. The act would provide that its provisions may not otherwise be suspended, superseded, or modified.The bill would require certain facilities licensed pursuant to the California Residential Care Facilities for the Elderly Act and the California Community Care Facilities Act to comply with these requirements. By expanding the duties of these health care facilities, this bill would expand an existing crime, thereby imposing a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly April 25, 2024 Amended IN Assembly April 10, 2024 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate June 24, 2024 | |
| 8 | 7 | Amended IN Assembly April 25, 2024 | |
| 9 | 8 | Amended IN Assembly April 10, 2024 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Assembly Bill | |
| 14 | 13 | ||
| 15 | 14 | No. 2075 | |
| 16 | 15 | ||
| 17 | 16 | Introduced by Assembly Member Alvarez(Coauthor: Assembly Member Gallagher)February 05, 2024 | |
| 18 | 17 | ||
| 19 | 18 | Introduced by Assembly Member Alvarez(Coauthor: Assembly Member Gallagher) | |
| 20 | 19 | February 05, 2024 | |
| 21 | 20 | ||
| 22 | 21 | An act to add Sections 1546.5 and 1569.3185 to, and to add Chapter 2.47 (commencing with Section 1439.70) to Division 2 of, the Health and Safety Code, relating to health and care facilities. | |
| 23 | 22 | ||
| 24 | 23 | LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | 25 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 26 | ||
| 28 | 27 | AB 2075, as amended, Alvarez. Resident Access Protection Act. | |
| 29 | 28 | ||
| 30 | - | Existing law, including the California Residential Care Facilities for the Elderly Act and the California Community Care Facilities Act, requires the licensure and regulation of certain residential health and care facilities and establishes specified rights for the residents of these licensees. Existing law makes a violation of certain of these provisions or a willful or repeated violation of any rule or regulation promulgated under these provisions a crime.This bill would enact the Resident Access Protection Act. The act would provide a resident of a long-term care facility with the right to in-person, onsite access to a visitor or a health care and social services provider during a public health emergency in which visitation rights of residents are curtailed by a state or local order, as specified. The act would prescribe how a resident may leave their long-term care facility on outings during a public health emergency. The act would require a long-term care facility, among other things, to provide safety protocols required of care staff, visitors, and health and social services providers during a public health emergency to the residents, resident representatives, and visitors in writing. A violation of the act would be a crime and subject to civil penalties. By creating a new crime, this bill would impose a state-mandated local program.The act | |
| 29 | + | Existing law, including the California Residential Care Facilities for the Elderly Act and the California Community Care Facilities Act, requires the licensure and regulation of certain residential health and care facilities and establishes specified rights for the residents of these licensees. Existing law makes a violation of certain of these provisions or a willful or repeated violation of any rule or regulation promulgated under these provisions a crime.This bill would enact the Resident Access Protection Act. The act would provide a resident of a long-term care facility with the right to in-person, onsite access to a visitor or a health care and social services provider during a public health emergency in which visitation rights of residents are curtailed by a state or local order, as specified. The act would prescribe how a resident may leave their long-term care facility on outings during a public health emergency. The act would require a long-term care facility, among other things, to provide safety protocols required of care staff, visitors, and health and social services providers during a public health emergency to the residents, resident representatives, and visitors in writing. A violation of the act would be a crime and subject to civil penalties. By creating a new crime, this bill would impose a state-mandated local program.The act would authorize a state or local government order to supersede its provisions during a declared state of emergency, local emergency, health emergency, or local health emergency to limit the number of visitors or health care and social services providers who may simultaneously visit a resident, except as specified. The bill would authorize a state or local government order to specify the terms by which visitors or health care and social services providers can demonstrate their proficiency to follow the same safety protocols required by staff. The act would provide that its provisions may not otherwise be suspended, superseded, or modified.The bill would require certain facilities licensed pursuant to the California Residential Care Facilities for the Elderly Act and the California Community Care Facilities Act to comply with these requirements. By expanding the duties of these health care facilities, this bill would expand an existing crime, thereby imposing a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 31 | 30 | ||
| 32 | 31 | Existing law, including the California Residential Care Facilities for the Elderly Act and the California Community Care Facilities Act, requires the licensure and regulation of certain residential health and care facilities and establishes specified rights for the residents of these licensees. Existing law makes a violation of certain of these provisions or a willful or repeated violation of any rule or regulation promulgated under these provisions a crime. | |
| 33 | 32 | ||
| 34 | 33 | This bill would enact the Resident Access Protection Act. The act would provide a resident of a long-term care facility with the right to in-person, onsite access to a visitor or a health care and social services provider during a public health emergency in which visitation rights of residents are curtailed by a state or local order, as specified. The act would prescribe how a resident may leave their long-term care facility on outings during a public health emergency. The act would require a long-term care facility, among other things, to provide safety protocols required of care staff, visitors, and health and social services providers during a public health emergency to the residents, resident representatives, and visitors in writing. A violation of the act would be a crime and subject to civil penalties. By creating a new crime, this bill would impose a state-mandated local program. | |
| 35 | 34 | ||
| 36 | - | The act | |
| 35 | + | The act would authorize a state or local government order to supersede its provisions during a declared state of emergency, local emergency, health emergency, or local health emergency to limit the number of visitors or health care and social services providers who may simultaneously visit a resident, except as specified. The bill would authorize a state or local government order to specify the terms by which visitors or health care and social services providers can demonstrate their proficiency to follow the same safety protocols required by staff. The act would provide that its provisions may not otherwise be suspended, superseded, or modified. | |
| 37 | 36 | ||
| 38 | 37 | The bill would require certain facilities licensed pursuant to the California Residential Care Facilities for the Elderly Act and the California Community Care Facilities Act to comply with these requirements. By expanding the duties of these health care facilities, this bill would expand an existing crime, thereby imposing a state-mandated local program. | |
| 39 | 38 | ||
| 40 | 39 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 41 | 40 | ||
| 42 | 41 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 43 | 42 | ||
| 44 | 43 | ## Digest Key | |
| 45 | 44 | ||
| 46 | 45 | ## Bill Text | |
| 47 | 46 | ||
| 48 | - | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The COVID-19 pandemic had a devastating impact on residents of long-term care facilities. In addition to sickness and death due to COVID-19 infections, residents suffered incalculable loss due to prolonged visitation restrictions that separated residents from their families, friends, and essential support persons.(b) Support persons with access to in-person contact provide, among other things, companionship, psychosocial support, cognitive stimulation, communication assistance, assistance with daily living tasks, such as eating, dressing, and hygiene support, meaningful connection, relational continuity, decisionmaking assistance, transportation, and physical activities, and fulfill other personal needs for long-term care facility residents.(c) It is imperative, at all times, for individuals residing in long-term care facilities tohave access to family members, chosen family, and friends. The Legislature affirms that a resident having physical access to family members or friends who provide support is necessary to mitigating a decline in the residents physical, mental, and emotional well-being. Therefore, when a public health emergency precipitates government-ordered visitation restrictions, the Legislature deems it necessary to allow residents to have immediate and unscheduled physical access to visitors without restriction on time, frequency, physical contact, or proximity, with certain exceptions.(d) While visitors provide essential support to long-term care residents, their access should not be seen as a substitute for consistent, ongoing care from facility staff.SEC. 2. Chapter 2.47 (commencing with Section 1439.70) is added to Division 2 of the Health and Safety Code, to read: CHAPTER 2.47. Resident Access Protection Act1439.70. For the purposes of this chapter, the following definitions shall apply:(a) Compassionate care visit means an in-person, onsite social interaction for a resident whose health has sharply declined, is experiencing a significant change in condition, or is otherwise suffering. This includes, but is not limited to, end of life or hospice care, a cessation of eating or drinking or significant weight loss, transition to a new care setting, grief, an emergency as defined in paragraph (1) of subdivision (a) of Section 1418.8, or a significant or rapid decline in mental or emotional health.(b) Health care and social services provider means an individual who is not a staff or visitor but provides health care or social support to a resident. This includes, but is not limited to, a health care worker, hospice provider, paid caregiver, personal care assistant, care manager, dentist, social worker, case manager, financial planner, conservator, and spiritual care provider.(c) Long-term care facility means any of the facilities listed in Sections 1418 or paragraph (1) of subdivision (a) of Section 1502 of this code and subdivision (b) of Section 9701 of the Welfare and Institutions Code, unless excluded by any of those provisions. Long-term care facility | |
| 47 | + | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The COVID-19 pandemic had a devastating impact on residents of long-term care facilities. In addition to sickness and death due to COVID-19 infections, residents suffered incalculable loss due to prolonged visitation restrictions that separated residents from their families, friends, and essential support persons.(b) Support persons with access to in-person contact provide, among other things, companionship, psychosocial support, cognitive stimulation, communication assistance, assistance with daily living tasks, such as eating, dressing, and hygiene support, meaningful connection, relational continuity, decisionmaking assistance, transportation, and physical activities, and fulfill other personal needs for long-term care facility residents.(c) It is imperative, at all times, for individuals residing in long-term care facilities tohave access to family members, chosen family, and friends. The Legislature affirms that a resident having physical access to family members or friends who provide support is necessary to mitigating a decline in the residents physical, mental, and emotional well-being. Therefore, when a public health emergency precipitates government-ordered visitation restrictions, the Legislature deems it necessary to allow residents to have immediate and unscheduled physical access to visitors without restriction on time, frequency, physical contact, or proximity, with certain exceptions.(d) While visitors provide essential support to long-term care residents, their access should not be seen as a substitute for consistent, ongoing care from facility staff.SEC. 2. Chapter 2.47 (commencing with Section 1439.70) is added to Division 2 of the Health and Safety Code, to read: CHAPTER 2.47. Resident Access Protection Act1439.70. For the purposes of this chapter, the following definitions shall apply:(a) Compassionate care visit means an in-person, onsite social interaction for a resident whose health has sharply declined, is experiencing a significant change in condition, or is otherwise suffering. This includes, but is not limited to, end of life or hospice care, a cessation of eating or drinking or significant weight loss, transition to a new care setting, grief, an emergency as defined in paragraph (1) of subdivision (a) of Section 1418.8, or a significant or rapid decline in mental or emotional health.(b) Health care and social services provider means an individual who is not a staff or visitor but provides health care or social support to a resident. This includes, but is not limited to, a health care worker, hospice provider, paid caregiver, personal care assistant, care manager, dentist, social worker, case manager, financial planner, conservator, and spiritual care provider.(c) Long-term care facility means any of the facilities listed in Sections 1418 or paragraph (1) of subdivision (a) of Section 1502 of this code and subdivision (b) of Section 9701 of the Welfare and Institutions Code, unless excluded by any of those provisions.(d) Public health emergency means a public health-related condition that results in the declaration of a state of emergency or local emergency, as defined in Section 8558 of the Government Code, or the declaration of a health emergency or local health emergency, as described in Section 101080, and that triggers a state or local government order to restrict the visitation rights of residents in a long-term care facility. A public health-related condition may include, but is not limited to, a natural disaster, an outbreak of an infectious disease, or a bioterrorist attack, if within the scope of Section 101080 of this code or Section 8558 of the Government Code.(e) Resident means a resident or patient of a long-term care facility.(f) Resident representative means an individual who has authority to act on behalf of the resident, including, but not limited to, a conservator, guardian, person authorized as agent in the residents advance health care directive, the residents spouse, registered domestic partner, or family member, a person designated by the resident to act as a representative, or other surrogate decisionmaker designated in accordance with statutory and case law.(g) Staff means an individual employed by, or contracted directly with, the long-term care facility and who provides care to residents.(h) Visitor means an individual who visits with a resident with the consent of the resident or resident representative.1439.71. Subject to Section 1439.72, the following shall apply:(a) (1) Each resident of a long-term care facility shall have the right to in-person, onsite access to visitors and health care and social services providers during any public health emergency in which visitation rights of residents are curtailed by a state or local order.(2) At the discretion of the resident or their representative, a visitor and health care and social services providers shall have the right to enter the residents dwelling and provide private support or care. The long-term care facility may limit the access of a visitor or health care and social services provider within the long-term care facility to the resident and to the areas in which the resident resides or receives care, consistent with the state or local order.(3) A long-term care facility shall allow a resident to have their visitor and health care and social services provider be physically present, consistent with the same hours of visitation required when there is no public health emergency.(b) During a public health emergency, a resident of a long-term care facility shall have the right to leave the facility on outings subject to a state or local government order prescribing the safety protocols governing their outing and return. These safety protocols shall not exceed what is required of staff.1439.72. (a) A long-term care facility may require visitors and health care and social services providers to adhere to safety protocols not greater than required of facility staff during a public health emergency for the duration of their visit. The long-term care facility shall provide personal protective equipment and testing resources to each visitor, to the extent that those resources have been made readily available to the long-term care facility by state or local entities for this purpose. The provision of personal protective equipment and testing resources to visitors is not intended to inhibit access to emergency supplies for staff. Visitors may use their own supplies so long as they meet or exceed the minimum standards set forth by state or local order.(b) (1) A long-term care facility shall provide safety protocols required of care staff, visitors, and health and social services providers during a public health emergency to the residents, resident representatives, and visitors in writing.(2) (A) The facility shall provide the required safety protocols in the individuals primary or preferred language, if made available to the facility by state or local entities. Changes in safety protocols shall be communicated, as soon as practically possible, to the residents, resident representatives, and visitors in writing in the individuals primary or preferred language, if made available to the facility by state or local entities.(B) If the individual is hearing impaired or vision impaired, the long-term care facility shall provide the required protocols in an accessible format, if made available to the facility by state or local entities.(c) A long-term care facility shall not require visitors and health care and social services providers to adhere to safety protocols that have not been communicated as set forth in this section. This does not preclude a long-term care facility from informing a visitor upon their arrival of updated protocols or recent changes in protocols that impact their role as a visitor.1439.73. (a) A state or local government order may supersede this chapter during a declared state of emergency, local emergency, health emergency, or local health emergency, as described in Section 1439.70, to limit the number of visitors or health care and social services providers who may simultaneously visit a resident, except for compassionate care visits, or require visitors or health care and social services providers to follow the same safety protocols required of facility staff. A state or local government order may state the terms by which visitors or health care and social services providers can demonstrate their proficiency to follow the same safety protocols required of staff. This chapter may not otherwise be suspended, superseded, or modified.(b) This section shall not be interpreted to allow visitors to enter a long-term health facility during an evacuation, or in the event there are first responders onsite who are refusing entry to the facility.1439.74. (a) A violation of this chapter shall be treated as a violation under Chapter 2 (commencing with Section 1250), Chapter 2.4 (commencing with Section 1417), or Chapter 3.2 (commencing with Section 1569). For purposes of civil penalties, a violation of this chapter shall constitute a class B violation as defined in subdivision (e) of Section 1424 for long-term health care facilities, or shall be subject to a civil penalty as described in subdivision (a) of Section 1569.49 for residential care facilities for the elderly.(b) This chapter does not supersede or otherwise limit the statutory, regulatory, or other legal authority of government surveyors and inspectors, the long-term care ombudsman, patient advocates, law enforcement officials, and other officials to access long-term care facilities or residents in accordance with state or federal law, including Section 9718.5 of the Welfare and Institutions Code.SEC. 3. Section 1546.5 is added to the Health and Safety Code, to read:1546.5. Every residential facility shall abide by the provisions of the Resident Access Protection Act (Chapter 2.47 (commencing with Section 1439.70)).SEC. 4. Section 1569.3185 is added to the Health and Safety Code, immediately following Section 1569.318, to read:1569.3185. Every residential care facility for the elderly shall abide by the provisions of the Resident Access Protection Act (Chapter 2.47 (commencing with Section 1439.70)).SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 49 | 48 | ||
| 50 | 49 | The people of the State of California do enact as follows: | |
| 51 | 50 | ||
| 52 | 51 | ## The people of the State of California do enact as follows: | |
| 53 | 52 | ||
| 54 | 53 | SECTION 1. The Legislature finds and declares all of the following:(a) The COVID-19 pandemic had a devastating impact on residents of long-term care facilities. In addition to sickness and death due to COVID-19 infections, residents suffered incalculable loss due to prolonged visitation restrictions that separated residents from their families, friends, and essential support persons.(b) Support persons with access to in-person contact provide, among other things, companionship, psychosocial support, cognitive stimulation, communication assistance, assistance with daily living tasks, such as eating, dressing, and hygiene support, meaningful connection, relational continuity, decisionmaking assistance, transportation, and physical activities, and fulfill other personal needs for long-term care facility residents.(c) It is imperative, at all times, for individuals residing in long-term care facilities tohave access to family members, chosen family, and friends. The Legislature affirms that a resident having physical access to family members or friends who provide support is necessary to mitigating a decline in the residents physical, mental, and emotional well-being. Therefore, when a public health emergency precipitates government-ordered visitation restrictions, the Legislature deems it necessary to allow residents to have immediate and unscheduled physical access to visitors without restriction on time, frequency, physical contact, or proximity, with certain exceptions.(d) While visitors provide essential support to long-term care residents, their access should not be seen as a substitute for consistent, ongoing care from facility staff. | |
| 55 | 54 | ||
| 56 | 55 | SECTION 1. The Legislature finds and declares all of the following:(a) The COVID-19 pandemic had a devastating impact on residents of long-term care facilities. In addition to sickness and death due to COVID-19 infections, residents suffered incalculable loss due to prolonged visitation restrictions that separated residents from their families, friends, and essential support persons.(b) Support persons with access to in-person contact provide, among other things, companionship, psychosocial support, cognitive stimulation, communication assistance, assistance with daily living tasks, such as eating, dressing, and hygiene support, meaningful connection, relational continuity, decisionmaking assistance, transportation, and physical activities, and fulfill other personal needs for long-term care facility residents.(c) It is imperative, at all times, for individuals residing in long-term care facilities tohave access to family members, chosen family, and friends. The Legislature affirms that a resident having physical access to family members or friends who provide support is necessary to mitigating a decline in the residents physical, mental, and emotional well-being. Therefore, when a public health emergency precipitates government-ordered visitation restrictions, the Legislature deems it necessary to allow residents to have immediate and unscheduled physical access to visitors without restriction on time, frequency, physical contact, or proximity, with certain exceptions.(d) While visitors provide essential support to long-term care residents, their access should not be seen as a substitute for consistent, ongoing care from facility staff. | |
| 57 | 56 | ||
| 58 | 57 | SECTION 1. The Legislature finds and declares all of the following: | |
| 59 | 58 | ||
| 60 | 59 | ### SECTION 1. | |
| 61 | 60 | ||
| 62 | 61 | (a) The COVID-19 pandemic had a devastating impact on residents of long-term care facilities. In addition to sickness and death due to COVID-19 infections, residents suffered incalculable loss due to prolonged visitation restrictions that separated residents from their families, friends, and essential support persons. | |
| 63 | 62 | ||
| 64 | 63 | (b) Support persons with access to in-person contact provide, among other things, companionship, psychosocial support, cognitive stimulation, communication assistance, assistance with daily living tasks, such as eating, dressing, and hygiene support, meaningful connection, relational continuity, decisionmaking assistance, transportation, and physical activities, and fulfill other personal needs for long-term care facility residents. | |
| 65 | 64 | ||
| 66 | 65 | (c) It is imperative, at all times, for individuals residing in long-term care facilities tohave access to family members, chosen family, and friends. The Legislature affirms that a resident having physical access to family members or friends who provide support is necessary to mitigating a decline in the residents physical, mental, and emotional well-being. Therefore, when a public health emergency precipitates government-ordered visitation restrictions, the Legislature deems it necessary to allow residents to have immediate and unscheduled physical access to visitors without restriction on time, frequency, physical contact, or proximity, with certain exceptions. | |
| 67 | 66 | ||
| 68 | 67 | (d) While visitors provide essential support to long-term care residents, their access should not be seen as a substitute for consistent, ongoing care from facility staff. | |
| 69 | 68 | ||
| 70 | - | SEC. 2. Chapter 2.47 (commencing with Section 1439.70) is added to Division 2 of the Health and Safety Code, to read: CHAPTER 2.47. Resident Access Protection Act1439.70. For the purposes of this chapter, the following definitions shall apply:(a) Compassionate care visit means an in-person, onsite social interaction for a resident whose health has sharply declined, is experiencing a significant change in condition, or is otherwise suffering. This includes, but is not limited to, end of life or hospice care, a cessation of eating or drinking or significant weight loss, transition to a new care setting, grief, an emergency as defined in paragraph (1) of subdivision (a) of Section 1418.8, or a significant or rapid decline in mental or emotional health.(b) Health care and social services provider means an individual who is not a staff or visitor but provides health care or social support to a resident. This includes, but is not limited to, a health care worker, hospice provider, paid caregiver, personal care assistant, care manager, dentist, social worker, case manager, financial planner, conservator, and spiritual care provider.(c) Long-term care facility means any of the facilities listed in Sections 1418 or paragraph (1) of subdivision (a) of Section 1502 of this code and subdivision (b) of Section 9701 of the Welfare and Institutions Code, unless excluded by any of those provisions. Long-term care facility | |
| 69 | + | SEC. 2. Chapter 2.47 (commencing with Section 1439.70) is added to Division 2 of the Health and Safety Code, to read: CHAPTER 2.47. Resident Access Protection Act1439.70. For the purposes of this chapter, the following definitions shall apply:(a) Compassionate care visit means an in-person, onsite social interaction for a resident whose health has sharply declined, is experiencing a significant change in condition, or is otherwise suffering. This includes, but is not limited to, end of life or hospice care, a cessation of eating or drinking or significant weight loss, transition to a new care setting, grief, an emergency as defined in paragraph (1) of subdivision (a) of Section 1418.8, or a significant or rapid decline in mental or emotional health.(b) Health care and social services provider means an individual who is not a staff or visitor but provides health care or social support to a resident. This includes, but is not limited to, a health care worker, hospice provider, paid caregiver, personal care assistant, care manager, dentist, social worker, case manager, financial planner, conservator, and spiritual care provider.(c) Long-term care facility means any of the facilities listed in Sections 1418 or paragraph (1) of subdivision (a) of Section 1502 of this code and subdivision (b) of Section 9701 of the Welfare and Institutions Code, unless excluded by any of those provisions.(d) Public health emergency means a public health-related condition that results in the declaration of a state of emergency or local emergency, as defined in Section 8558 of the Government Code, or the declaration of a health emergency or local health emergency, as described in Section 101080, and that triggers a state or local government order to restrict the visitation rights of residents in a long-term care facility. A public health-related condition may include, but is not limited to, a natural disaster, an outbreak of an infectious disease, or a bioterrorist attack, if within the scope of Section 101080 of this code or Section 8558 of the Government Code.(e) Resident means a resident or patient of a long-term care facility.(f) Resident representative means an individual who has authority to act on behalf of the resident, including, but not limited to, a conservator, guardian, person authorized as agent in the residents advance health care directive, the residents spouse, registered domestic partner, or family member, a person designated by the resident to act as a representative, or other surrogate decisionmaker designated in accordance with statutory and case law.(g) Staff means an individual employed by, or contracted directly with, the long-term care facility and who provides care to residents.(h) Visitor means an individual who visits with a resident with the consent of the resident or resident representative.1439.71. Subject to Section 1439.72, the following shall apply:(a) (1) Each resident of a long-term care facility shall have the right to in-person, onsite access to visitors and health care and social services providers during any public health emergency in which visitation rights of residents are curtailed by a state or local order.(2) At the discretion of the resident or their representative, a visitor and health care and social services providers shall have the right to enter the residents dwelling and provide private support or care. The long-term care facility may limit the access of a visitor or health care and social services provider within the long-term care facility to the resident and to the areas in which the resident resides or receives care, consistent with the state or local order.(3) A long-term care facility shall allow a resident to have their visitor and health care and social services provider be physically present, consistent with the same hours of visitation required when there is no public health emergency.(b) During a public health emergency, a resident of a long-term care facility shall have the right to leave the facility on outings subject to a state or local government order prescribing the safety protocols governing their outing and return. These safety protocols shall not exceed what is required of staff.1439.72. (a) A long-term care facility may require visitors and health care and social services providers to adhere to safety protocols not greater than required of facility staff during a public health emergency for the duration of their visit. The long-term care facility shall provide personal protective equipment and testing resources to each visitor, to the extent that those resources have been made readily available to the long-term care facility by state or local entities for this purpose. The provision of personal protective equipment and testing resources to visitors is not intended to inhibit access to emergency supplies for staff. Visitors may use their own supplies so long as they meet or exceed the minimum standards set forth by state or local order.(b) (1) A long-term care facility shall provide safety protocols required of care staff, visitors, and health and social services providers during a public health emergency to the residents, resident representatives, and visitors in writing.(2) (A) The facility shall provide the required safety protocols in the individuals primary or preferred language, if made available to the facility by state or local entities. Changes in safety protocols shall be communicated, as soon as practically possible, to the residents, resident representatives, and visitors in writing in the individuals primary or preferred language, if made available to the facility by state or local entities.(B) If the individual is hearing impaired or vision impaired, the long-term care facility shall provide the required protocols in an accessible format, if made available to the facility by state or local entities.(c) A long-term care facility shall not require visitors and health care and social services providers to adhere to safety protocols that have not been communicated as set forth in this section. This does not preclude a long-term care facility from informing a visitor upon their arrival of updated protocols or recent changes in protocols that impact their role as a visitor.1439.73. (a) A state or local government order may supersede this chapter during a declared state of emergency, local emergency, health emergency, or local health emergency, as described in Section 1439.70, to limit the number of visitors or health care and social services providers who may simultaneously visit a resident, except for compassionate care visits, or require visitors or health care and social services providers to follow the same safety protocols required of facility staff. A state or local government order may state the terms by which visitors or health care and social services providers can demonstrate their proficiency to follow the same safety protocols required of staff. This chapter may not otherwise be suspended, superseded, or modified.(b) This section shall not be interpreted to allow visitors to enter a long-term health facility during an evacuation, or in the event there are first responders onsite who are refusing entry to the facility.1439.74. (a) A violation of this chapter shall be treated as a violation under Chapter 2 (commencing with Section 1250), Chapter 2.4 (commencing with Section 1417), or Chapter 3.2 (commencing with Section 1569). For purposes of civil penalties, a violation of this chapter shall constitute a class B violation as defined in subdivision (e) of Section 1424 for long-term health care facilities, or shall be subject to a civil penalty as described in subdivision (a) of Section 1569.49 for residential care facilities for the elderly.(b) This chapter does not supersede or otherwise limit the statutory, regulatory, or other legal authority of government surveyors and inspectors, the long-term care ombudsman, patient advocates, law enforcement officials, and other officials to access long-term care facilities or residents in accordance with state or federal law, including Section 9718.5 of the Welfare and Institutions Code. | |
| 71 | 70 | ||
| 72 | 71 | SEC. 2. Chapter 2.47 (commencing with Section 1439.70) is added to Division 2 of the Health and Safety Code, to read: | |
| 73 | 72 | ||
| 74 | 73 | ### SEC. 2. | |
| 75 | 74 | ||
| 76 | - | CHAPTER 2.47. Resident Access Protection Act1439.70. For the purposes of this chapter, the following definitions shall apply:(a) Compassionate care visit means an in-person, onsite social interaction for a resident whose health has sharply declined, is experiencing a significant change in condition, or is otherwise suffering. This includes, but is not limited to, end of life or hospice care, a cessation of eating or drinking or significant weight loss, transition to a new care setting, grief, an emergency as defined in paragraph (1) of subdivision (a) of Section 1418.8, or a significant or rapid decline in mental or emotional health.(b) Health care and social services provider means an individual who is not a staff or visitor but provides health care or social support to a resident. This includes, but is not limited to, a health care worker, hospice provider, paid caregiver, personal care assistant, care manager, dentist, social worker, case manager, financial planner, conservator, and spiritual care provider.(c) Long-term care facility means any of the facilities listed in Sections 1418 or paragraph (1) of subdivision (a) of Section 1502 of this code and subdivision (b) of Section 9701 of the Welfare and Institutions Code, unless excluded by any of those provisions. Long-term care facility | |
| 75 | + | CHAPTER 2.47. Resident Access Protection Act1439.70. For the purposes of this chapter, the following definitions shall apply:(a) Compassionate care visit means an in-person, onsite social interaction for a resident whose health has sharply declined, is experiencing a significant change in condition, or is otherwise suffering. This includes, but is not limited to, end of life or hospice care, a cessation of eating or drinking or significant weight loss, transition to a new care setting, grief, an emergency as defined in paragraph (1) of subdivision (a) of Section 1418.8, or a significant or rapid decline in mental or emotional health.(b) Health care and social services provider means an individual who is not a staff or visitor but provides health care or social support to a resident. This includes, but is not limited to, a health care worker, hospice provider, paid caregiver, personal care assistant, care manager, dentist, social worker, case manager, financial planner, conservator, and spiritual care provider.(c) Long-term care facility means any of the facilities listed in Sections 1418 or paragraph (1) of subdivision (a) of Section 1502 of this code and subdivision (b) of Section 9701 of the Welfare and Institutions Code, unless excluded by any of those provisions.(d) Public health emergency means a public health-related condition that results in the declaration of a state of emergency or local emergency, as defined in Section 8558 of the Government Code, or the declaration of a health emergency or local health emergency, as described in Section 101080, and that triggers a state or local government order to restrict the visitation rights of residents in a long-term care facility. A public health-related condition may include, but is not limited to, a natural disaster, an outbreak of an infectious disease, or a bioterrorist attack, if within the scope of Section 101080 of this code or Section 8558 of the Government Code.(e) Resident means a resident or patient of a long-term care facility.(f) Resident representative means an individual who has authority to act on behalf of the resident, including, but not limited to, a conservator, guardian, person authorized as agent in the residents advance health care directive, the residents spouse, registered domestic partner, or family member, a person designated by the resident to act as a representative, or other surrogate decisionmaker designated in accordance with statutory and case law.(g) Staff means an individual employed by, or contracted directly with, the long-term care facility and who provides care to residents.(h) Visitor means an individual who visits with a resident with the consent of the resident or resident representative.1439.71. Subject to Section 1439.72, the following shall apply:(a) (1) Each resident of a long-term care facility shall have the right to in-person, onsite access to visitors and health care and social services providers during any public health emergency in which visitation rights of residents are curtailed by a state or local order.(2) At the discretion of the resident or their representative, a visitor and health care and social services providers shall have the right to enter the residents dwelling and provide private support or care. The long-term care facility may limit the access of a visitor or health care and social services provider within the long-term care facility to the resident and to the areas in which the resident resides or receives care, consistent with the state or local order.(3) A long-term care facility shall allow a resident to have their visitor and health care and social services provider be physically present, consistent with the same hours of visitation required when there is no public health emergency.(b) During a public health emergency, a resident of a long-term care facility shall have the right to leave the facility on outings subject to a state or local government order prescribing the safety protocols governing their outing and return. These safety protocols shall not exceed what is required of staff.1439.72. (a) A long-term care facility may require visitors and health care and social services providers to adhere to safety protocols not greater than required of facility staff during a public health emergency for the duration of their visit. The long-term care facility shall provide personal protective equipment and testing resources to each visitor, to the extent that those resources have been made readily available to the long-term care facility by state or local entities for this purpose. The provision of personal protective equipment and testing resources to visitors is not intended to inhibit access to emergency supplies for staff. Visitors may use their own supplies so long as they meet or exceed the minimum standards set forth by state or local order.(b) (1) A long-term care facility shall provide safety protocols required of care staff, visitors, and health and social services providers during a public health emergency to the residents, resident representatives, and visitors in writing.(2) (A) The facility shall provide the required safety protocols in the individuals primary or preferred language, if made available to the facility by state or local entities. Changes in safety protocols shall be communicated, as soon as practically possible, to the residents, resident representatives, and visitors in writing in the individuals primary or preferred language, if made available to the facility by state or local entities.(B) If the individual is hearing impaired or vision impaired, the long-term care facility shall provide the required protocols in an accessible format, if made available to the facility by state or local entities.(c) A long-term care facility shall not require visitors and health care and social services providers to adhere to safety protocols that have not been communicated as set forth in this section. This does not preclude a long-term care facility from informing a visitor upon their arrival of updated protocols or recent changes in protocols that impact their role as a visitor.1439.73. (a) A state or local government order may supersede this chapter during a declared state of emergency, local emergency, health emergency, or local health emergency, as described in Section 1439.70, to limit the number of visitors or health care and social services providers who may simultaneously visit a resident, except for compassionate care visits, or require visitors or health care and social services providers to follow the same safety protocols required of facility staff. A state or local government order may state the terms by which visitors or health care and social services providers can demonstrate their proficiency to follow the same safety protocols required of staff. This chapter may not otherwise be suspended, superseded, or modified.(b) This section shall not be interpreted to allow visitors to enter a long-term health facility during an evacuation, or in the event there are first responders onsite who are refusing entry to the facility.1439.74. (a) A violation of this chapter shall be treated as a violation under Chapter 2 (commencing with Section 1250), Chapter 2.4 (commencing with Section 1417), or Chapter 3.2 (commencing with Section 1569). For purposes of civil penalties, a violation of this chapter shall constitute a class B violation as defined in subdivision (e) of Section 1424 for long-term health care facilities, or shall be subject to a civil penalty as described in subdivision (a) of Section 1569.49 for residential care facilities for the elderly.(b) This chapter does not supersede or otherwise limit the statutory, regulatory, or other legal authority of government surveyors and inspectors, the long-term care ombudsman, patient advocates, law enforcement officials, and other officials to access long-term care facilities or residents in accordance with state or federal law, including Section 9718.5 of the Welfare and Institutions Code. | |
| 77 | 76 | ||
| 78 | - | CHAPTER 2.47. Resident Access Protection Act1439.70. For the purposes of this chapter, the following definitions shall apply:(a) Compassionate care visit means an in-person, onsite social interaction for a resident whose health has sharply declined, is experiencing a significant change in condition, or is otherwise suffering. This includes, but is not limited to, end of life or hospice care, a cessation of eating or drinking or significant weight loss, transition to a new care setting, grief, an emergency as defined in paragraph (1) of subdivision (a) of Section 1418.8, or a significant or rapid decline in mental or emotional health.(b) Health care and social services provider means an individual who is not a staff or visitor but provides health care or social support to a resident. This includes, but is not limited to, a health care worker, hospice provider, paid caregiver, personal care assistant, care manager, dentist, social worker, case manager, financial planner, conservator, and spiritual care provider.(c) Long-term care facility means any of the facilities listed in Sections 1418 or paragraph (1) of subdivision (a) of Section 1502 of this code and subdivision (b) of Section 9701 of the Welfare and Institutions Code, unless excluded by any of those provisions. Long-term care facility | |
| 77 | + | CHAPTER 2.47. Resident Access Protection Act1439.70. For the purposes of this chapter, the following definitions shall apply:(a) Compassionate care visit means an in-person, onsite social interaction for a resident whose health has sharply declined, is experiencing a significant change in condition, or is otherwise suffering. This includes, but is not limited to, end of life or hospice care, a cessation of eating or drinking or significant weight loss, transition to a new care setting, grief, an emergency as defined in paragraph (1) of subdivision (a) of Section 1418.8, or a significant or rapid decline in mental or emotional health.(b) Health care and social services provider means an individual who is not a staff or visitor but provides health care or social support to a resident. This includes, but is not limited to, a health care worker, hospice provider, paid caregiver, personal care assistant, care manager, dentist, social worker, case manager, financial planner, conservator, and spiritual care provider.(c) Long-term care facility means any of the facilities listed in Sections 1418 or paragraph (1) of subdivision (a) of Section 1502 of this code and subdivision (b) of Section 9701 of the Welfare and Institutions Code, unless excluded by any of those provisions.(d) Public health emergency means a public health-related condition that results in the declaration of a state of emergency or local emergency, as defined in Section 8558 of the Government Code, or the declaration of a health emergency or local health emergency, as described in Section 101080, and that triggers a state or local government order to restrict the visitation rights of residents in a long-term care facility. A public health-related condition may include, but is not limited to, a natural disaster, an outbreak of an infectious disease, or a bioterrorist attack, if within the scope of Section 101080 of this code or Section 8558 of the Government Code.(e) Resident means a resident or patient of a long-term care facility.(f) Resident representative means an individual who has authority to act on behalf of the resident, including, but not limited to, a conservator, guardian, person authorized as agent in the residents advance health care directive, the residents spouse, registered domestic partner, or family member, a person designated by the resident to act as a representative, or other surrogate decisionmaker designated in accordance with statutory and case law.(g) Staff means an individual employed by, or contracted directly with, the long-term care facility and who provides care to residents.(h) Visitor means an individual who visits with a resident with the consent of the resident or resident representative.1439.71. Subject to Section 1439.72, the following shall apply:(a) (1) Each resident of a long-term care facility shall have the right to in-person, onsite access to visitors and health care and social services providers during any public health emergency in which visitation rights of residents are curtailed by a state or local order.(2) At the discretion of the resident or their representative, a visitor and health care and social services providers shall have the right to enter the residents dwelling and provide private support or care. The long-term care facility may limit the access of a visitor or health care and social services provider within the long-term care facility to the resident and to the areas in which the resident resides or receives care, consistent with the state or local order.(3) A long-term care facility shall allow a resident to have their visitor and health care and social services provider be physically present, consistent with the same hours of visitation required when there is no public health emergency.(b) During a public health emergency, a resident of a long-term care facility shall have the right to leave the facility on outings subject to a state or local government order prescribing the safety protocols governing their outing and return. These safety protocols shall not exceed what is required of staff.1439.72. (a) A long-term care facility may require visitors and health care and social services providers to adhere to safety protocols not greater than required of facility staff during a public health emergency for the duration of their visit. The long-term care facility shall provide personal protective equipment and testing resources to each visitor, to the extent that those resources have been made readily available to the long-term care facility by state or local entities for this purpose. The provision of personal protective equipment and testing resources to visitors is not intended to inhibit access to emergency supplies for staff. Visitors may use their own supplies so long as they meet or exceed the minimum standards set forth by state or local order.(b) (1) A long-term care facility shall provide safety protocols required of care staff, visitors, and health and social services providers during a public health emergency to the residents, resident representatives, and visitors in writing.(2) (A) The facility shall provide the required safety protocols in the individuals primary or preferred language, if made available to the facility by state or local entities. Changes in safety protocols shall be communicated, as soon as practically possible, to the residents, resident representatives, and visitors in writing in the individuals primary or preferred language, if made available to the facility by state or local entities.(B) If the individual is hearing impaired or vision impaired, the long-term care facility shall provide the required protocols in an accessible format, if made available to the facility by state or local entities.(c) A long-term care facility shall not require visitors and health care and social services providers to adhere to safety protocols that have not been communicated as set forth in this section. This does not preclude a long-term care facility from informing a visitor upon their arrival of updated protocols or recent changes in protocols that impact their role as a visitor.1439.73. (a) A state or local government order may supersede this chapter during a declared state of emergency, local emergency, health emergency, or local health emergency, as described in Section 1439.70, to limit the number of visitors or health care and social services providers who may simultaneously visit a resident, except for compassionate care visits, or require visitors or health care and social services providers to follow the same safety protocols required of facility staff. A state or local government order may state the terms by which visitors or health care and social services providers can demonstrate their proficiency to follow the same safety protocols required of staff. This chapter may not otherwise be suspended, superseded, or modified.(b) This section shall not be interpreted to allow visitors to enter a long-term health facility during an evacuation, or in the event there are first responders onsite who are refusing entry to the facility.1439.74. (a) A violation of this chapter shall be treated as a violation under Chapter 2 (commencing with Section 1250), Chapter 2.4 (commencing with Section 1417), or Chapter 3.2 (commencing with Section 1569). For purposes of civil penalties, a violation of this chapter shall constitute a class B violation as defined in subdivision (e) of Section 1424 for long-term health care facilities, or shall be subject to a civil penalty as described in subdivision (a) of Section 1569.49 for residential care facilities for the elderly.(b) This chapter does not supersede or otherwise limit the statutory, regulatory, or other legal authority of government surveyors and inspectors, the long-term care ombudsman, patient advocates, law enforcement officials, and other officials to access long-term care facilities or residents in accordance with state or federal law, including Section 9718.5 of the Welfare and Institutions Code. | |
| 79 | 78 | ||
| 80 | 79 | CHAPTER 2.47. Resident Access Protection Act | |
| 81 | 80 | ||
| 82 | 81 | CHAPTER 2.47. Resident Access Protection Act | |
| 83 | 82 | ||
| 84 | - | 1439.70. For the purposes of this chapter, the following definitions shall apply:(a) Compassionate care visit means an in-person, onsite social interaction for a resident whose health has sharply declined, is experiencing a significant change in condition, or is otherwise suffering. This includes, but is not limited to, end of life or hospice care, a cessation of eating or drinking or significant weight loss, transition to a new care setting, grief, an emergency as defined in paragraph (1) of subdivision (a) of Section 1418.8, or a significant or rapid decline in mental or emotional health.(b) Health care and social services provider means an individual who is not a staff or visitor but provides health care or social support to a resident. This includes, but is not limited to, a health care worker, hospice provider, paid caregiver, personal care assistant, care manager, dentist, social worker, case manager, financial planner, conservator, and spiritual care provider.(c) Long-term care facility means any of the facilities listed in Sections 1418 or paragraph (1) of subdivision (a) of Section 1502 of this code and subdivision (b) of Section 9701 of the Welfare and Institutions Code, unless excluded by any of those provisions. | |
| 83 | + | 1439.70. For the purposes of this chapter, the following definitions shall apply:(a) Compassionate care visit means an in-person, onsite social interaction for a resident whose health has sharply declined, is experiencing a significant change in condition, or is otherwise suffering. This includes, but is not limited to, end of life or hospice care, a cessation of eating or drinking or significant weight loss, transition to a new care setting, grief, an emergency as defined in paragraph (1) of subdivision (a) of Section 1418.8, or a significant or rapid decline in mental or emotional health.(b) Health care and social services provider means an individual who is not a staff or visitor but provides health care or social support to a resident. This includes, but is not limited to, a health care worker, hospice provider, paid caregiver, personal care assistant, care manager, dentist, social worker, case manager, financial planner, conservator, and spiritual care provider.(c) Long-term care facility means any of the facilities listed in Sections 1418 or paragraph (1) of subdivision (a) of Section 1502 of this code and subdivision (b) of Section 9701 of the Welfare and Institutions Code, unless excluded by any of those provisions.(d) Public health emergency means a public health-related condition that results in the declaration of a state of emergency or local emergency, as defined in Section 8558 of the Government Code, or the declaration of a health emergency or local health emergency, as described in Section 101080, and that triggers a state or local government order to restrict the visitation rights of residents in a long-term care facility. A public health-related condition may include, but is not limited to, a natural disaster, an outbreak of an infectious disease, or a bioterrorist attack, if within the scope of Section 101080 of this code or Section 8558 of the Government Code.(e) Resident means a resident or patient of a long-term care facility.(f) Resident representative means an individual who has authority to act on behalf of the resident, including, but not limited to, a conservator, guardian, person authorized as agent in the residents advance health care directive, the residents spouse, registered domestic partner, or family member, a person designated by the resident to act as a representative, or other surrogate decisionmaker designated in accordance with statutory and case law.(g) Staff means an individual employed by, or contracted directly with, the long-term care facility and who provides care to residents.(h) Visitor means an individual who visits with a resident with the consent of the resident or resident representative. | |
| 85 | 84 | ||
| 86 | 85 | ||
| 87 | 86 | ||
| 88 | 87 | 1439.70. For the purposes of this chapter, the following definitions shall apply: | |
| 89 | 88 | ||
| 90 | 89 | (a) Compassionate care visit means an in-person, onsite social interaction for a resident whose health has sharply declined, is experiencing a significant change in condition, or is otherwise suffering. This includes, but is not limited to, end of life or hospice care, a cessation of eating or drinking or significant weight loss, transition to a new care setting, grief, an emergency as defined in paragraph (1) of subdivision (a) of Section 1418.8, or a significant or rapid decline in mental or emotional health. | |
| 91 | 90 | ||
| 92 | 91 | (b) Health care and social services provider means an individual who is not a staff or visitor but provides health care or social support to a resident. This includes, but is not limited to, a health care worker, hospice provider, paid caregiver, personal care assistant, care manager, dentist, social worker, case manager, financial planner, conservator, and spiritual care provider. | |
| 93 | 92 | ||
| 94 | - | (c) Long-term care facility means any of the facilities listed in Sections 1418 or paragraph (1) of subdivision (a) of Section 1502 of this code and subdivision (b) of Section 9701 of the Welfare and Institutions Code, unless excluded by any of those provisions. | |
| 93 | + | (c) Long-term care facility means any of the facilities listed in Sections 1418 or paragraph (1) of subdivision (a) of Section 1502 of this code and subdivision (b) of Section 9701 of the Welfare and Institutions Code, unless excluded by any of those provisions. | |
| 95 | 94 | ||
| 96 | 95 | (d) Public health emergency means a public health-related condition that results in the declaration of a state of emergency or local emergency, as defined in Section 8558 of the Government Code, or the declaration of a health emergency or local health emergency, as described in Section 101080, and that triggers a state or local government order to restrict the visitation rights of residents in a long-term care facility. A public health-related condition may include, but is not limited to, a natural disaster, an outbreak of an infectious disease, or a bioterrorist attack, if within the scope of Section 101080 of this code or Section 8558 of the Government Code. | |
| 97 | 96 | ||
| 98 | - | (e) Resident means a resident or patient of a long-term care facility. | |
| 97 | + | (e) Resident means a resident or patient of a long-term care facility. | |
| 99 | 98 | ||
| 100 | 99 | (f) Resident representative means an individual who has authority to act on behalf of the resident, including, but not limited to, a conservator, guardian, person authorized as agent in the residents advance health care directive, the residents spouse, registered domestic partner, or family member, a person designated by the resident to act as a representative, or other surrogate decisionmaker designated in accordance with statutory and case law. | |
| 101 | 100 | ||
| 102 | 101 | (g) Staff means an individual employed by, or contracted directly with, the long-term care facility and who provides care to residents. | |
| 103 | 102 | ||
| 104 | 103 | (h) Visitor means an individual who visits with a resident with the consent of the resident or resident representative. | |
| 105 | 104 | ||
| 106 | 105 | 1439.71. Subject to Section 1439.72, the following shall apply:(a) (1) Each resident of a long-term care facility shall have the right to in-person, onsite access to visitors and health care and social services providers during any public health emergency in which visitation rights of residents are curtailed by a state or local order.(2) At the discretion of the resident or their representative, a visitor and health care and social services providers shall have the right to enter the residents dwelling and provide private support or care. The long-term care facility may limit the access of a visitor or health care and social services provider within the long-term care facility to the resident and to the areas in which the resident resides or receives care, consistent with the state or local order.(3) A long-term care facility shall allow a resident to have their visitor and health care and social services provider be physically present, consistent with the same hours of visitation required when there is no public health emergency.(b) During a public health emergency, a resident of a long-term care facility shall have the right to leave the facility on outings subject to a state or local government order prescribing the safety protocols governing their outing and return. These safety protocols shall not exceed what is required of staff. | |
| 107 | 106 | ||
| 108 | 107 | ||
| 109 | 108 | ||
| 110 | 109 | 1439.71. Subject to Section 1439.72, the following shall apply: | |
| 111 | 110 | ||
| 112 | 111 | (a) (1) Each resident of a long-term care facility shall have the right to in-person, onsite access to visitors and health care and social services providers during any public health emergency in which visitation rights of residents are curtailed by a state or local order. | |
| 113 | 112 | ||
| 114 | 113 | (2) At the discretion of the resident or their representative, a visitor and health care and social services providers shall have the right to enter the residents dwelling and provide private support or care. The long-term care facility may limit the access of a visitor or health care and social services provider within the long-term care facility to the resident and to the areas in which the resident resides or receives care, consistent with the state or local order. | |
| 115 | 114 | ||
| 116 | 115 | (3) A long-term care facility shall allow a resident to have their visitor and health care and social services provider be physically present, consistent with the same hours of visitation required when there is no public health emergency. | |
| 117 | 116 | ||
| 118 | 117 | (b) During a public health emergency, a resident of a long-term care facility shall have the right to leave the facility on outings subject to a state or local government order prescribing the safety protocols governing their outing and return. These safety protocols shall not exceed what is required of staff. | |
| 119 | 118 | ||
| 120 | 119 | 1439.72. (a) A long-term care facility may require visitors and health care and social services providers to adhere to safety protocols not greater than required of facility staff during a public health emergency for the duration of their visit. The long-term care facility shall provide personal protective equipment and testing resources to each visitor, to the extent that those resources have been made readily available to the long-term care facility by state or local entities for this purpose. The provision of personal protective equipment and testing resources to visitors is not intended to inhibit access to emergency supplies for staff. Visitors may use their own supplies so long as they meet or exceed the minimum standards set forth by state or local order.(b) (1) A long-term care facility shall provide safety protocols required of care staff, visitors, and health and social services providers during a public health emergency to the residents, resident representatives, and visitors in writing.(2) (A) The facility shall provide the required safety protocols in the individuals primary or preferred language, if made available to the facility by state or local entities. Changes in safety protocols shall be communicated, as soon as practically possible, to the residents, resident representatives, and visitors in writing in the individuals primary or preferred language, if made available to the facility by state or local entities.(B) If the individual is hearing impaired or vision impaired, the long-term care facility shall provide the required protocols in an accessible format, if made available to the facility by state or local entities.(c) A long-term care facility shall not require visitors and health care and social services providers to adhere to safety protocols that have not been communicated as set forth in this section. This does not preclude a long-term care facility from informing a visitor upon their arrival of updated protocols or recent changes in protocols that impact their role as a visitor. | |
| 121 | 120 | ||
| 122 | 121 | ||
| 123 | 122 | ||
| 124 | 123 | 1439.72. (a) A long-term care facility may require visitors and health care and social services providers to adhere to safety protocols not greater than required of facility staff during a public health emergency for the duration of their visit. The long-term care facility shall provide personal protective equipment and testing resources to each visitor, to the extent that those resources have been made readily available to the long-term care facility by state or local entities for this purpose. The provision of personal protective equipment and testing resources to visitors is not intended to inhibit access to emergency supplies for staff. Visitors may use their own supplies so long as they meet or exceed the minimum standards set forth by state or local order. | |
| 125 | 124 | ||
| 126 | 125 | (b) (1) A long-term care facility shall provide safety protocols required of care staff, visitors, and health and social services providers during a public health emergency to the residents, resident representatives, and visitors in writing. | |
| 127 | 126 | ||
| 128 | 127 | (2) (A) The facility shall provide the required safety protocols in the individuals primary or preferred language, if made available to the facility by state or local entities. Changes in safety protocols shall be communicated, as soon as practically possible, to the residents, resident representatives, and visitors in writing in the individuals primary or preferred language, if made available to the facility by state or local entities. | |
| 129 | 128 | ||
| 130 | 129 | (B) If the individual is hearing impaired or vision impaired, the long-term care facility shall provide the required protocols in an accessible format, if made available to the facility by state or local entities. | |
| 131 | 130 | ||
| 132 | 131 | (c) A long-term care facility shall not require visitors and health care and social services providers to adhere to safety protocols that have not been communicated as set forth in this section. This does not preclude a long-term care facility from informing a visitor upon their arrival of updated protocols or recent changes in protocols that impact their role as a visitor. | |
| 133 | 132 | ||
| 134 | - | ||
| 135 | - | ||
| 136 | - | (a)A state or local government order may supersede this chapter during a declared state of emergency, local emergency, health emergency, or local health emergency, as described in Section 1439.70, to limit the number of visitors or health care and social services providers who may simultaneously visit a resident, except for compassionate care visits, or require visitors or health care and social services providers to follow the same safety protocols required of facility staff. A state or local government order may state the terms by which visitors or health care and social services providers can demonstrate their proficiency to follow the same safety protocols required of staff. This chapter may not otherwise be suspended, superseded, or modified. | |
| 133 | + | 1439.73. (a) A state or local government order may supersede this chapter during a declared state of emergency, local emergency, health emergency, or local health emergency, as described in Section 1439.70, to limit the number of visitors or health care and social services providers who may simultaneously visit a resident, except for compassionate care visits, or require visitors or health care and social services providers to follow the same safety protocols required of facility staff. A state or local government order may state the terms by which visitors or health care and social services providers can demonstrate their proficiency to follow the same safety protocols required of staff. This chapter may not otherwise be suspended, superseded, or modified.(b) This section shall not be interpreted to allow visitors to enter a long-term health facility during an evacuation, or in the event there are first responders onsite who are refusing entry to the facility. | |
| 137 | 134 | ||
| 138 | 135 | ||
| 139 | 136 | ||
| 137 | + | 1439.73. (a) A state or local government order may supersede this chapter during a declared state of emergency, local emergency, health emergency, or local health emergency, as described in Section 1439.70, to limit the number of visitors or health care and social services providers who may simultaneously visit a resident, except for compassionate care visits, or require visitors or health care and social services providers to follow the same safety protocols required of facility staff. A state or local government order may state the terms by which visitors or health care and social services providers can demonstrate their proficiency to follow the same safety protocols required of staff. This chapter may not otherwise be suspended, superseded, or modified. | |
| 138 | + | ||
| 140 | 139 | (b) This section shall not be interpreted to allow visitors to enter a long-term health facility during an evacuation, or in the event there are first responders onsite who are refusing entry to the facility. | |
| 141 | - | ||
| 142 | - | ||
| 143 | - | ||
| 144 | - | 1439.73. (a) A state or local government order may deny resident access to visitors and health care and social services providers during a public health emergency for up to seven days. The denial may be extended up to an additional seven days if the board of supervisors or city council, whichever is applicable to the jurisdiction, or state department approves the denial of access for that additional period.(b) A state or local government order may supersede this chapter during a declared state of emergency, local emergency, health emergency, or local health emergency, as described in Section 1439.70, to limit the number of visitors or health care and social services providers who may simultaneously visit a resident, except for compassionate care visits, or require visitors or health care and social services providers to follow the same safety protocols required of facility staff. A state or local government order may state the terms by which visitors or health care and social services providers can demonstrate their proficiency to follow the same safety protocols required of staff. This chapter may not otherwise be suspended, superseded, or modified.(c) Notwithstanding subdivision (b), this chapter does not prohibit the Governor from exercising the powers granted to the Governor under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code). However, before issuing an order that restricts in-person visitation to a greater extent than otherwise permitted under this chapter, the Governor shall make a finding that the specific restrictions are necessary to protect the public health and stating why the public health cannot be protected through less restrictive means. For purposes of this chapter, this authority shall not be delegated, including to department directors or agency secretaries. | |
| 145 | - | ||
| 146 | - | ||
| 147 | - | ||
| 148 | - | 1439.73. (a) A state or local government order may deny resident access to visitors and health care and social services providers during a public health emergency for up to seven days. The denial may be extended up to an additional seven days if the board of supervisors or city council, whichever is applicable to the jurisdiction, or state department approves the denial of access for that additional period. | |
| 149 | - | ||
| 150 | - | (b) A state or local government order may supersede this chapter during a declared state of emergency, local emergency, health emergency, or local health emergency, as described in Section 1439.70, to limit the number of visitors or health care and social services providers who may simultaneously visit a resident, except for compassionate care visits, or require visitors or health care and social services providers to follow the same safety protocols required of facility staff. A state or local government order may state the terms by which visitors or health care and social services providers can demonstrate their proficiency to follow the same safety protocols required of staff. This chapter may not otherwise be suspended, superseded, or modified. | |
| 151 | - | ||
| 152 | - | (c) Notwithstanding subdivision (b), this chapter does not prohibit the Governor from exercising the powers granted to the Governor under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code). However, before issuing an order that restricts in-person visitation to a greater extent than otherwise permitted under this chapter, the Governor shall make a finding that the specific restrictions are necessary to protect the public health and stating why the public health cannot be protected through less restrictive means. For purposes of this chapter, this authority shall not be delegated, including to department directors or agency secretaries. | |
| 153 | 140 | ||
| 154 | 141 | 1439.74. (a) A violation of this chapter shall be treated as a violation under Chapter 2 (commencing with Section 1250), Chapter 2.4 (commencing with Section 1417), or Chapter 3.2 (commencing with Section 1569). For purposes of civil penalties, a violation of this chapter shall constitute a class B violation as defined in subdivision (e) of Section 1424 for long-term health care facilities, or shall be subject to a civil penalty as described in subdivision (a) of Section 1569.49 for residential care facilities for the elderly.(b) This chapter does not supersede or otherwise limit the statutory, regulatory, or other legal authority of government surveyors and inspectors, the long-term care ombudsman, patient advocates, law enforcement officials, and other officials to access long-term care facilities or residents in accordance with state or federal law, including Section 9718.5 of the Welfare and Institutions Code. | |
| 155 | 142 | ||
| 156 | 143 | ||
| 157 | 144 | ||
| 158 | 145 | 1439.74. (a) A violation of this chapter shall be treated as a violation under Chapter 2 (commencing with Section 1250), Chapter 2.4 (commencing with Section 1417), or Chapter 3.2 (commencing with Section 1569). For purposes of civil penalties, a violation of this chapter shall constitute a class B violation as defined in subdivision (e) of Section 1424 for long-term health care facilities, or shall be subject to a civil penalty as described in subdivision (a) of Section 1569.49 for residential care facilities for the elderly. | |
| 159 | 146 | ||
| 160 | 147 | (b) This chapter does not supersede or otherwise limit the statutory, regulatory, or other legal authority of government surveyors and inspectors, the long-term care ombudsman, patient advocates, law enforcement officials, and other officials to access long-term care facilities or residents in accordance with state or federal law, including Section 9718.5 of the Welfare and Institutions Code. | |
| 161 | 148 | ||
| 162 | 149 | SEC. 3. Section 1546.5 is added to the Health and Safety Code, to read:1546.5. Every residential facility shall abide by the provisions of the Resident Access Protection Act (Chapter 2.47 (commencing with Section 1439.70)). | |
| 163 | 150 | ||
| 164 | 151 | SEC. 3. Section 1546.5 is added to the Health and Safety Code, to read: | |
| 165 | 152 | ||
| 166 | 153 | ### SEC. 3. | |
| 167 | 154 | ||
| 168 | 155 | 1546.5. Every residential facility shall abide by the provisions of the Resident Access Protection Act (Chapter 2.47 (commencing with Section 1439.70)). | |
| 169 | 156 | ||
| 170 | 157 | 1546.5. Every residential facility shall abide by the provisions of the Resident Access Protection Act (Chapter 2.47 (commencing with Section 1439.70)). | |
| 171 | 158 | ||
| 172 | 159 | 1546.5. Every residential facility shall abide by the provisions of the Resident Access Protection Act (Chapter 2.47 (commencing with Section 1439.70)). | |
| 173 | 160 | ||
| 174 | 161 | ||
| 175 | 162 | ||
| 176 | 163 | 1546.5. Every residential facility shall abide by the provisions of the Resident Access Protection Act (Chapter 2.47 (commencing with Section 1439.70)). | |
| 177 | 164 | ||
| 178 | 165 | SEC. 4. Section 1569.3185 is added to the Health and Safety Code, immediately following Section 1569.318, to read:1569.3185. Every residential care facility for the elderly shall abide by the provisions of the Resident Access Protection Act (Chapter 2.47 (commencing with Section 1439.70)). | |
| 179 | 166 | ||
| 180 | 167 | SEC. 4. Section 1569.3185 is added to the Health and Safety Code, immediately following Section 1569.318, to read: | |
| 181 | 168 | ||
| 182 | 169 | ### SEC. 4. | |
| 183 | 170 | ||
| 184 | 171 | 1569.3185. Every residential care facility for the elderly shall abide by the provisions of the Resident Access Protection Act (Chapter 2.47 (commencing with Section 1439.70)). | |
| 185 | 172 | ||
| 186 | 173 | 1569.3185. Every residential care facility for the elderly shall abide by the provisions of the Resident Access Protection Act (Chapter 2.47 (commencing with Section 1439.70)). | |
| 187 | 174 | ||
| 188 | 175 | 1569.3185. Every residential care facility for the elderly shall abide by the provisions of the Resident Access Protection Act (Chapter 2.47 (commencing with Section 1439.70)). | |
| 189 | 176 | ||
| 190 | 177 | ||
| 191 | 178 | ||
| 192 | 179 | 1569.3185. Every residential care facility for the elderly shall abide by the provisions of the Resident Access Protection Act (Chapter 2.47 (commencing with Section 1439.70)). | |
| 193 | 180 | ||
| 194 | 181 | SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 195 | 182 | ||
| 196 | 183 | SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 197 | 184 | ||
| 198 | 185 | SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 199 | 186 | ||
| 200 | 187 | ### SEC. 5. |