§ 74600. Home Health Agency.

(a) “Home Health Agency” means a private or public organization, including but not limited to, any partnership, corporation, political subdivision of the state, or other government agency within the state, which provides, or arranges for the provision of, skilled nursing services, to persons in their temporary or permanent place of residence.

(b) “Home Health Agency” does not mean an employment agency or licensed nurses' registry pursuant to Title 2.91 (commencing with Section 1812.500) of Part 4 of Division 3 of the Civil Code. No employment agency or licensed nurses' registry shall by its name, advertisement, or any other representation, represent itself to be a home health agency.

(c) The provision of skilled nursing services in a facility in accordance with Chapter 2 or Chapter 8.6 of the Health and Safety Code shall not require a home health agency license.

(d) The provision of home health services by a person who is a physician, dentist, podiatrist, or other licensed and legally authorized practitioner within his or her scope of practice shall not require a home health agency license.

HISTORY

1. New Chapter 6 (Articles 1-5, Sections 74600-74749, not consecutive) filed 6-21-79; effective thirtieth day thereafter (Register 79, No. 25).

2. Amendment of section and Note filed 4-28-95 as an emergency; operative 4-28-95 (Register 95, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-28-95 or emergency language will be repealed by operation of law on the following day.

3. Amendment of section and Note refiled 8-14-95 as an emergency; operative 8-14-95 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-12-95 or emergency language will be repealed by operation of law on the following day.

4. Amendment of section and Note refiled 12-12-95 as an emergency; operative 12-12-95 (Register 95, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-10-96 or emergency language will be repealed by operation of law on the following day.

5. Amendment of section and Note refiled 4-11-96 as an emergency; operative 4-11-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-96 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 4-28-95 order transmitted to OAL 8-7-96 and disapproved 9-19-96 (Register 96, No. 38).

7. Amendment of section and Note filed 9-19-96 as an emergency; operative 9-19-96 (Register 96, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-97 or emergency language will be repealed by operation of law on the following day.

8. Editorial correction of History 7 (Register 97, No. 3).

9. Amendment of section and Note refiled 1-16-97 as an emergency; operative 1-16-97 (Register 97, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-97 or emergency language will be repealed by operation of law on the following day.

10. Amendment of section and Note refiled 5-15-97 as an emergency; operative 5-15-97 (Register 97, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-12-97 or emergency language will be repealed by operation of law on the following day.

11. Certificate of Compliance as to 5-15-97 order, including new subsection (a) designator, new subsections (b)-(d), and amendment of Note, transmitted to OAL 8-26-97 and filed 10-8-97 (Register 97, No. 41).

Note

Note: Authority cited: Sections 1734 and 100275, Health and Safety Code. Reference: Sections 1727(a) and 1734, Health and Safety Code.