California Code of Regulations
Title 22 - Social Security
Division 6 - Licensing of Community Care Facilities
Chapter 9.5 - Foster Family Homes
Article 4 - Placement
Section 89475 - Health-Related Services

Universal Citation: 22 CA Code of Regs 89475

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Family health care, as defined in Section 89201, shall be administered by the caregiver to a "child" as outlined in writing by the appropriate medical professional.

(1) The caregiver shall ask the medical professional to provide adequate and practical written instructions.

(b) The caregiver shall maintain first aid supplies appropriate to the needs of a "child."

(c) When a "child" has a health condition that requires medication, the caregiver shall comply with the following:

(1) Assist a "child" with self-administration as needed.
(A) If the physician of a "child" gives permission as specified in Section 89475.1, subsection (f), the "child" may self-administer medication or injections.

(2) Ensure that instructions are followed as outlined by the appropriate medical professional.

(3) Medication shall be stored in the original container with the original unaltered label.

(4) Prescription medication must be administered to a "child" as directed on the label or as directed in writing by the physician.

(5) Non-prescription medication must be administered to a "child" as directed on the label or as directed by the appropriate medical professional.

(6) The administration of prescription PRN medication to a "child" shall require caregiver documentation of the date, time, and dose of medication administered.

(7) If a "child" can not determine his or her own need for medication, the caregiver shall determine the need of a "child" in accordance with medical instructions.

(d) Psychotropic Medication shall only be used in accordance with the written directions of the physician prescribing the medication and authorization requirements specified in Section 369.5(a)(1) and 739.5(a)(1) of the Welfare and Institutions Code and Section 89370(a)(7).

(1) Psychotropic medication(s) may be administered without court order or parental authorization in an emergency. Emergency procedures are specified in the California Rules of Court, rule 5.640.

(e) The caregiver shall provide emergency medical assistance and injections to a "child" as specified in Section 89475.1, Emergency Medical Assistance, Injections, and Self-Administration of Medications.

(f) The caregiver shall allow access to, and assist a "child" in accessing, age-appropriate, medically accurate information as defined in Education Code section 51931(f) about reproductive health care, and the prevention, diagnosis, and treatment of pregnancy and sexually transmitted diseases and infections.

(1) The caregiver shall not create or enforce policies requiring children to practice abstinence.

(f) The caregiver shall not discipline a child as a consequence for a child refusing to take their medication.

(1) The caregiver shall document the child's medication refusal and within two calendar days contact the child's prescribing physician as required by Section 89370(b)(13)(G)1.

(2) When determining whether a child who has not taken a prescribed psychotropic medication is able to safely participate in an activity the licensee shall use the Reasonable and Prudent Parent Standard described in Welfare and Institutions Code Section 362.05. The determination shall be based upon an individualized consideration of the specific situation and the cognitive, emotional, physical, and behavioral capacities of the child.

1. Renumbering of portions of former section 87075 to section 89475, including amendment of section and NOTE, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of portions of former section 87075 to section 89475, including amendment of section and NOTE, refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Amendment of section and NOTE filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).
5. Repealer and new subsection (d), new subsections (d)(1) and (f)-(f)(2) and amendment of NOTE filed 5-20-2020; operative 7-1-2020 (Register 2020, No. 21).
6. Amendment of subsections (f)-(f)(1) and amendment of NOTE filed 6-9-2022; operative 10-1-2022 (Register 2022, No. 23). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 1530 and 1530.5 Health and Safety Code; and Section 21 of Assembly Bill (AB) 1695 (Chapter 653, Statutes of 2001). Reference: Sections 1501, 1501.1, 1507, 1507.2, 1507.25, 1507.5, 1530.6 and 1531, Health and Safety Code; Sections 361.2, 369.5(a)(1), 739.5(a)(1) and 16001.9, Welfare and Institutions Code; Section 2727(a), Business and Professions Code; Section 51931(f), Education Code; and Rule 5.640, California Rule of Court.

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