California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 4 - Department of Alcohol and Drug Programs
Chapter 5 - Licensure of Residential Alcoholism or Drug Abuse Recovery or Treatment Facilities
Subchapter 2 - Licensing Process
Article 6 - Enforcement
Section 10541 - Types of Deficiencies
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) As used in this chapter, "deficiency" means failure to comply with any provision of Chapter 7.5 (commencing with Section 11834.01), Part 2, Division 10.5 of the Health and Safety Code, or the regulations contained in this chapter. Deficiencies shall be classed as Class A, B, or C deficiencies as defined in this section.
(b) A Class A deficiency is any deficiency which presents an imminent danger to any resident of the facility. As used in this Chapter, "imminent danger" means that the more likely consequence of the deficiency is death or physical injury which would:
(c) A Class B deficiency is any deficiency relating to the operation or maintenance of the facility which has a direct or immediate relationship to the physical health, mental health, or safety of facility residents.
(d) A Class C deficiency is a deficiency relating to the operation or maintenance of the facility which the Department determines has only a minimal relationship to the health or safety of facility residents.
1. Repealer and
new section filed 4-18-94; operative 5-18-94 (Register 94, No. 16). For prior
history, see Register 87, No. 43.
2. Repealer and new section filed
4-9-97 as an emergency; operative 4-9-97 (Register 97, No. 15). A Certificate of
Compliance must be transmitted to OAL by 8-7-97 or emergency language will be
repealed by operation of law on the following day.
3. Repealer and new
section refiled 6-16-97 as an emergency; operative 8-7-97 (Register 97, No. 25). A
Certificate of Compliance must be transmitted to OAL by 12-5-97 or emergency
language will be repealed by operation of law on the following day.
4.
Certificate of Compliance as to 6-16-97 emergency transmitted to OAL 10-29-97 and
filed 12-15-97 (Register 97, No. 51).
Note: Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.34 and 11834.50, Health and Safety Code.
