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 10544 - Licensing Compliance Reviews
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Department shall review each alcoholism or drug abuse recovery or treatment facility to determine compliance at least once during every period of licensure.
(b) Any authorized employee or agent of the Department may enter and inspect any alcoholism or drug abuse recovery or treatment facility at any reasonable time, upon presentation of proper identification, with or without advance notice, to determine compliance with the provisions of Chapter 7.5 (commencing with Section 11834.01), Part 2, Division 10.5 of the Health and Safety Code and the requirements of this chapter.
(c) The Department may interview residents and/or facility staff in private, and inspect relevant licensee records without the prior consent of the licensee.
(d) At the completion of the compliance review, the reviewer may conduct a face-to-face exit interview with the licensee or his/her designee to discuss any deficiencies noted. If the reviewer does not conduct a face-to-face exit interview, the reviewer shall conduct a telephone interview with the licensee or his/her designee as soon as possible upon conclusion of a site visit and document in the licensing report or notice of deficiency why he/she did not conduct a face-to-face exit interview. A licensing report is issued when there are no deficiencies; a notice of deficiency is issued when there are deficiencies.
(e) The reviewer shall prepare a written notice of deficiency listing all deficiencies.
(f) The notice of deficiency shall specify:
(g) The reviewer shall provide the written notice of deficiency to the licensee or his/her designee:
(h) If any Class A deficiencies have been cited, before leaving the facility the reviewer shall provide the written notice of deficiency to the licensee or his/her designee.
(i) The notice of deficiency shall require the licensee to correct deficiencies as specified below:
(j) If the licensee or his/her designee refuses to accept receipt of a written notice of deficiency, the date of the notice shall constitute the date of receipt.
1. Renumbering
of former section
10544 to section
10542 and renumbering and amendment of
former section 10552 to section
10544 filed 4-18-94; operative 5-18-94
(Register 94, No. 16). For prior history, see Register 93, No. 12.
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. Change without regulatory effect amending subsection (d)(2) (as
it existed prior to emergency repealer filed 4-9-97) submitted to OAL on 3-18-97 and
filed 4-28-97 pursuant to section
100, title 1, California Code of
Regulations (Register 97, No. 18). This amendment will be inserted in the prior
existing text in the event the 4-9-97 emergency language is repealed pursuant to
Government Code sections
11346.1 or
11349.6 and
prior existing text is reinstated.
4. 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.
5. Certificate of
Compliance as to 6-16-97 emergency, including amendment of subsection (d),
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 11834.01, 11834.35 and 11834.50, Health and Safety Code.
