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Health & Saf. Code §1799.102. Good Samaritan Law

California Health & Safety Code  >   Health & Saf. Code §1799.102. Good Samaritan Law
(a) No person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. This subdivision applies only to the medical, law enforcement, and emergency personnel specified in this chapter.
 (b) (1) It is the intent of the Legislature to encourage other individuals to volunteer, without compensation, to assist others in need during an emergency, while ensuring that those volunteers who provide care or assistance act responsibly.
  (2) Except for those persons specified in subdivision (a), no person who in good faith, and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency shall be liable for civil damages resulting from any act or omission other than an act or omission constituting gross negligence or willful or wanton misconduct. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. This subdivision shall not be construed to alter existing protections from liability for licensed medical or other personnel specified in subdivision (a) or any other law.
 (c) Nothing in this section shall be construed to change any existing legal duties or obligations, nor does anything in this section in any way affect the provisions in Section 1714.5 of the Civil Code, as proposed to be amended by Senate Bill 39 of the 2009-10 Regular Session of the Legislature.
 (d) The amendments to this section made by the act adding subdivisions (b) and (c) shall apply exclusively to any legal action filed on or after the effective date of that act. [2009]

Health & Saf. Code §1799.103. Emergency Medical Services; Employer Policies

California Health & Safety Code  >   Health & Saf. Code §1799.103. Emergency Medical Services; Employer Policies
(a) An employer shall not adopt or enforce a policy prohibiting an employee from voluntarily providing emergency medical services, including, but not limited to, cardiopulmonary resuscitation, in response to a medical emergency, except as provided in subdivisions (b) and (©
 (b) Notwithstanding subdivision (a), an employer may adopt and enforce a policy authorizing employees trained in emergency services to provide those services. However, in the event of an emergency, any available employee may voluntarily provide emergency medical services if a trained and authorized employee is not immediately available or is otherwise unable or unwilling to provide emergency medical services.
 (c) Notwithstanding subdivision (a), an employer may adopt and enforce a policy prohibiting an employee from performing emergency medical services, including, but not limited to, cardiopulmonary resuscitation, on a person who has expressed the desire to forgo resuscitation or other medical interventions through any legally recognized means, including, but not limited to, a do-not-resuscitate order, a Physician Orders for Life Sustaining Treatment form, an advance health care directive, or a legally recognized health care decisionmaker.
 (d) This section does not impose any express or implied duty on an employer to train its employees regarding emergency medical services or cardiopulmonary resuscitation. [2013]

Health & Saf. Code §1597.62. Civil Penalty for Violation of Chapter

California Health & Safety Code  >   Health & Saf. Code §1597.62. Civil Penalty for Violation of Chapter
 (a) The department may impose civil penalties of twenty-five dollars ($25) per day for uncorrected violations that present an immediate or potential risk to the health and safety of children in care. The penalties shall be imposed in accordance with Section 1596.893.
 (b) The department shall implement this section only to the extent funds are available in accordance with Section 18285.5 of the Welfare and Institutions Code. [1993]

Health & Saf. Code §1597.621. Operating Family Day Care Homes Deemed to Have Been Issued License; Requirements

California Health & Safety Code  >   Health & Saf. Code §1597.621. Operating Family Day Care Homes Deemed to Have Been Issued License; Requirements
Family day care homes that, on December 31, 1983, have a valid unexpired registration to operate as a family day care home for children pursuant to Section 1597.62 in one of the pilot counties shall be deemed to be issued a family day care license effective January 1, 1984. Licensure pursuant to this section shall not require a visit pursuant to the requirement set forth in subdivision (a) of Section 1597.55. However, all other requirements of licensing shall continue to be met. Complaint and revocation procedures may be enforced. [1992]

Health & Saf. Code §1597.55b. Site Visitation

California Health & Safety Code  >   Health & Saf. Code §1597.55b. Site Visitation
 No site visits, unannounced visits or spot checks, shall be made under this chapter except as provided in this section.
 (a) An announced site visit shall be required prior to the licensing of the applicant.
 (b) A public agency under contract with the department may make spot checks if they do not result in any cost to the state. However, spot checks shall not be required by the department.
 (c) An unannounced site visit to all licensed family day care homes shall be made annually and as often as necessary to ensure compliance.
 (d) The department or licensing agency shall make an unannounced site visit on the basis of a complaint and a follow-up visit as provided in Section 1596.853. At no time shall other site visit requirements described by this section prevent a timely site visit response to a complaint.
 (e) The department shall annually make unannounced spot visits on 20 percent of all family day care homes for children licensed under this chapter. The unannounced visits may be made at any time, and shall be in addition to the visits required by subdivisions (b) and (©
 (f) An unannounced site visit shall comply with both of the following conditions:
  (1) The visit shall take place only during the facility’s normal business hours or at any time family day care services are being provided.
  (2) The inspection of the facility shall be limited to those parts of the facility in which family day care services are provided or to which the children have access.
 (g) The department shall implement this section only to the extent funds are available in accordance with Section 18285.5 of the Welfare and Institutions Code. [2003]

Health & Saf. Code §1597.55a. Site Visits, Unannounced Visits, and Spot Checks

California Health & Safety Code  >   Health & Saf. Code §1597.55a. Site Visits, Unannounced Visits, and Spot Checks

(a) Every family day care home shall be subject to unannounced inspections by the department as provided in this section. The department shall inspect these facilities as often as necessary to ensure the quality of care provided.

(b) The department shall conduct an announced site inspection prior to the initial licensing of the applicant.

(c) The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:

(1) When a license is on probation.

(2) When the terms of agreement in a facility compliance plan require an annual inspection.

(3) When an accusation against a licensee is pending.

(4) In order to verify that a person who has been ordered out of a family day care home by the department is no longer at the facility.

(d) (1) The department shall conduct annual unannounced inspections of no less than 30 percent of facilities not subject to an inspection under subdivision (c).

(2) These unannounced inspections shall be conducted based on a random sampling methodology developed by the department.

(e) The department shall inspect a licensed family day care home at least once every three years.

(f) A public agency under contract with the department may make spot checks if it does not result in any cost to the state. However, spot checks shall not be required by the department.

(g) The department or licensing agency shall make an unannounced site inspection on the basis of a complaint and a followup inspection as provided in Section 1596.853.

(h) An unannounced site inspection shall adhere to both of the following conditions:

(1) The inspection shall take place only during the facility’s normal business hours or at any time family day care services are being provided.

(2) The inspection of the facility shall be limited to those parts of the facility in which family day care services are provided or to which the children have access.

(i) The department shall implement this section during periods that Section 1597.55b is not being implemented in accordance with Section 18285.5 of the Welfare and Institutions Code.

(j) It is the intent of the Legislature to achieve annual inspections for licensed day care homes and facilities governed by this section on or before July 1, 2021. [2019]

Health & Saf. Code §1597.56. Notice of Deficiencies; Time for Compliance; Correction

California Health & Safety Code  >   >Health & Saf. Code §1597.56. Notice of Deficiencies; Time for Compliance; Correction
 (a) The department shall notify a family day care home in writing of all deficiencies in its compliance with this act and the rules and regulations adopted pursuant to this act, and shall set a reasonable length of time for compliance by the family day care home.
  Upon a finding of noncompliance, the department may levy a civil penalty that shall be paid to the department each day until the department finds the family day care home in compliance.
 (b) In developing a plan of correction, both the licensee and the department shall give due consideration to the following factors:
  (1) The gravity of the violation.
  (2) The history of previous violations.
  (3) The possibility of a threat to the health or safety of any child in the facility.
  (4) The number of children affected by the violation.
  (5) The availability of equipment or personnel necessary to correct the violation, if appropriate.
 (c) The department shall adopt regulations establishing procedures for the imposition of civil penalties under this section. [1993]

Health & Saf. Code §1597.57. Duties of Department

California Health & Safety Code  >   Health & Saf. Code §1597.57. Duties of Department
 The department shall do all of the following:
 (a) Develop and utilize one application form for all family day care homes for children requesting a new license. [1992]
 (b) Establish for parents a consumer education program annually on the law and regulations governing family day care homes for children under this chapter and the role of the state and other public entities and local associations in relation to family day care homes for children. In planning this program, the department shall seek the assistance of other public entities and local associations.
 (c) Administer an orientation program for new operators of family day care homes for children that may be conducted directly by the department or by contract with local governments or family day care home associations. [1992]

Health & Saf. Code §1597.59. Period Within Which to Grant or Deny License; Criminal Records

California Health & Safety Code  >   Health & Saf. Code §1597.59. Period Within Which to Grant or Deny License; Criminal Records
 The department and the local agencies with which it contracts for the licensing of family day care homes for children shall grant or deny a license to a family day care home for children within 30 days after receipt of all appropriate licensing application materials as determined by the department, provided both of the following conditions are met:
 (a) A site visit has been completed and the family day care home has been found to be in compliance with licensing standards.
 (b) The applicant and each person described by subdivision (b) of Section 1596.871 has obtained a criminal record clearance, or been granted a criminal record exemption by the department or the local contracting agency.
  The department shall conduct an initial site visit within 30 days after the receipt of all appropriate licensing application materials. [1997]

Health & Saf. Code §1597.61. Operation of Unlicensed Facility; Cease and Desist Orders

California Health & Safety Code  >   Health & Saf. Code §1597.61. Operation of Unlicensed Facility; Cease and Desist Orders
 (a) When the department determines that a family day care home for children is operating without a license and notifies the unlicensed provider of the requirement for the license, the licensing agency may issue a cease and desist order only if it finds and documents that continued operation of the facility will be dangerous to the health and safety of the children or if a license held by the facility has been revoked by the department within two years preceding the determination of unlicensed operation. In all other cases where the licensing agency determines such a facility is operating without a license and notifies the unlicensed provider of the requirements for the license, the licensing agency may issue a cease and desist order only if the unlicensed provider does not apply for a license within a reasonable time after the notice.
 (b) If an unlicensed family day care home fails to respond to a cease and desist order issued pursuant to subdivision (a), or if the department determines it necessary to protect the immediate health and safety of the children, the licensing agency may bring an action to enjoin such a home from continuing to operate pursuant to Section 1596.89.
 (c) The district attorney of a county shall, upon application by the department, institute and conduct the prosecution of any action brought by the licensing agency against an unlicensed family day care home located in that county. [1988]