§ 82092.1. General Requirements for Restricted Health Conditions.

(a) A client with a restricted health condition specified in Section 82092 may be admitted or retained if all of the following requirements are met:

(1) The licensee is willing to provide the needed care.

(2) Care is provided as specified in this article.

(3) The client's medical condition is chronic and stable, or is temporary in nature and expected to return to a condition normal for that client.

(4) The client must be under the medical care of a licensed professional.

(5) Prior to admission of a client with a restricted health condition specified in Section 82092, the licensee shall:

(A) Communicate with all other persons who provide care to that client to ensure consistency of care for the medical condition.

(B) Ensure that program staff who will participate in meeting the client's specialized care needs complete training provided by a licensed professional sufficient to meet those needs.

1. Training shall include hands-on instruction in both general procedures and client-specific procedures.

(6) All new program staff who will participate in meeting the client's specialized care needs shall complete the training prior to providing services to the client.

(7) The licensee shall ensure that program staff receive instruction in recognizing objective symptoms observable by a lay person, and responding to that client's health problems, including whom to contact. The instruction shall be from the client's physician or other licensed professional.

(8) The licensee shall monitor the client's ability to provide self-care for the restricted health condition, document any change in that ability, and inform the persons identified in Section 82092.2(a)(1) of that change.

(9) Should the condition of the client change, all staff providing care and services shall complete any additional training required to meet the client's new needs, as determined by the client's physician or a licensed professional designated by the physician.

(10) If the licensed professional delegates routine care, the following requirements must be met for health conditions specified in Section 82092.3, 82092.4 and 82092.6 through 82092.11:

(A) The licensee obtains written documentation from the licensed professional outlining the procedures and the names of the program staff who have been trained in those procedures.

(B) The licensee ensures that the licensed professional reviews staff performance as often as necessary, but at least annually.

(11) All training shall be documented in the personnel files.

(12) The licensee shall ensure that the client's health-related service needs are met and shall follow the approved plan for each client.

(13) The licensee shall document any significant occurrences that result in changes in the client's physical, mental and/or functional capabilities and report these changes to the client's physician and authorized representative.

(14) The licensee shall demonstrate compliance with the restricted health condition care plan by maintaining all relevant documentation at the program site.

(15) The licensee shall report any substantive deviation from the care plan to the client's authorized representative.

(b) The duty established by this section does not infringe on a client's right to receive or reject medical care or services, as allowed in Section 82072, Personal Rights.

(1) If a client refuses medical services specified in the care plan, the licensee shall immediately notify all persons identified in Section 82092.2(a)(1) and shall participate in developing a plan for meeting the client's needs.

HISTORY

1. New section filed 12-13-2006; operative 1-12-2007 (Register 2006, No. 50).

Note

Note: Authority cited: Sections 1530 and 1530.1, Health and Safety Code. Reference: Sections 1501, 1502, 1507 and 1530, Health and Safety Code.