California Health and Safety Code 1339.42 – (a) No private or public organization, including, but not …
(a) No private or public organization, including, but not limited to, any partnership, corporation, or political subdivision of the state, or other governmental agency within the state, shall do any of the following without a license issued pursuant to this chapter:
(1) Represent itself to be a hospice facility by its name or advertisement, soliciting, or any other presentments to the public, or in the context of services within the scope of this chapter imply that it is licensed to provide those services or to make any reference to employee bonding in relation to those services.
Terms Used In California Health and Safety Code 1339.42
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Hospice facility: means a health facility licensed pursuant to this chapter with a capacity of no more than 24 beds that provides hospice services. See California Health and Safety Code 1250
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
(2) Use the words “hospice facility,” “hospice home,” “hospice-facility,” or any combination of those terms, within its name.
(3) Use words to imply that it is licensed as a hospice facility to provide those services.
(b) A hospice facility licensee shall obtain criminal background checks for its employees, volunteers, and contractors in accordance with federal Medicare conditions of participation (42 C.F.R. part 418 et seq.) and as may be required in accordance with state law. The hospice facility licensee shall pay the costs of obtaining a criminal background check.
(Added by Stats. 2012, Ch. 673, Sec. 5. (SB 135) Effective January 1, 2013.)