§ 54505. Definitions.
17 CA ADC § 54505BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Barclays Official California Code of Regulations Currentness
Title 17. Public Health
Division 2. Health and Welfare Agency - Department of Developmental Services Regulations
Chapter 3. Community Services
Subchapter 3. Regional Center Administrative Practices and Procedures
Article 1. Regional Center Conflict of Interest Standards and Procedures
17 CCR § 54505
§ 54505. Definitions.
As used in this article, the following words and phrases have the specified meanings:
(a) “Area Board” means the organization of individuals established and constituted according to Welfare and Institutions Code section 4546 et seq.
(b) “Business Entity, Entity or Provider” means any individual, business venture, or state or local governmental entity from whom or from which the regional center purchases, obtains, or secures goods or services to conduct its operations. These entities or providers include, but are not limited to, residential facilities, intermediate care facilities, skilled nursing facilities, supported and independent living services, hospitals, medical groups, activity centers, housing providers, entities formed in support of the regional center, infant programs, clinics, laboratories, pharmacies, drug stores, ambulance services, furniture stores, equipment and supply stores, physicians, psychologists, nurses, therapists, teachers, social workers, and contract case managers. For purposes of these conflict-of-interest regulations “business entity, entity or provider” does not include a consumer or family member of a consumer who receives vouchers for consumer services.
(c) “Consumer” means an individual who has been determined by a regional center to meet the eligibility criteria of Welfare and Institutions Code section 4512 and title 17, California Code of Regulations, sections 54000, 54001 and 54010, or Government Code section 95014 and title 17, California Code of Regulations, sections 52020 and 52022, and for whom the regional center has accepted responsibility.
(d) “Decision or Policy-Making Authority” means the authority an individual possesses whenever the individual:
(1) exercises discretion or judgment, without significant intervening substantive review, in making, advising, or recommending a decision or in making a final decision; or
(2) may compel a decision or may prevent a decision either by reason of an exclusive power to initiate the decision or by reason of a veto which may or may not be overridden; or
(3) makes substantive recommendations which are, and over an extended period of time have been, regularly approved without significant amendment or modification by another person or entity or provider; or
(4) votes on matters, obligates or commits his or her entity to any course of action, or enters into, modifies, amends, or renews any contractual agreement on behalf of his or her entity, or has authority to obligate resources; or
(5) votes to approve, appoint or ratify, or approves, appoints, ratifies, assigns, elects, selects, designates, names, creates, confirms, contracts or hires any director, trustee, member of the board, member of a board committee, officer, agent, employee, contractor, or consultant for his or her entity or any other business entity or provider.
Decision or policy-making authority does not include actions of individuals which are solely ministerial, secretarial, or clerical.
(e) “Department” means the Department of Developmental Services.
(f) “Family Member” includes the individual's spouse, domestic partner, parents, stepparents, grandparents, siblings, step-siblings, children, stepchildren, grandchildren, parents-in-law, brothers-in-law, sisters-in-law, sons-in-law, and daughters-in-law.
(g) “Member” means an individual serving as a member of the governing board, board of directors, or board committee of a business entity, entity, or provider as defined herein.
(h) “Potential Conflict of Interest” means a situation which, based upon circumstances reasonably expected to occur at a point in the future, may result in a conflict of interest, as specified in these regulations.
(i) “Present Conflict of Interest” means a conflict of interest, as specified in these regulations, which currently exists.
(j) “Regional Center” means a diagnostic, counseling, and service coordination center for persons with developmental disabilities and their families which is established and operated pursuant to chapter 5 of division 4.5 of the Welfare and Institutions Code and title 14 of the Government Code by a private nonprofit corporation acting as a contracting agency.
(k) “Regional Center Employee” means any person who performs services for wages, salary or a fee under a contract of employment, express or implied, with the regional center. For purposes of these regulations, a business entity, entity or provider as defined herein is not a regional center employee.
(l) “Regional Center Governing Board” means the board of directors of a private nonprofit corporation which contracts with the state for the purpose of establishing and operating a regional center and which is constituted in accordance with section 4622 of the Welfare and Institutions Code.
(m) “Regional Center Operations” means those activities or services which regional centers are required by law, regulation, or contract with the state to provide, obtain, or purchase. Such activities include, but are not limited to, case finding, outreach, prevention, intake and assessment, individual program planning, case management, community programs, program development, and consumer advocacy and protection.
(n) “State Council” means the organization of individuals established and constituted pursuant to Welfare and Institutions Code section 4520 et seq.
Note: Authority cited: Sections 4626 and 4627, Welfare and Institutions Code. Reference: Sections 4520, 4543, 4546, 4622, 4626 and 4627, Welfare and Institutions Code.
1. New section filed 12-29-86; effective thirtieth day thereafter (Register 87, No. 1).
2. Amendment of section and Note filed 8-15-2012 as a deemed emergency pursuant to Welfare and Institutions Code section 4627(d); operative 8-15-2012 (Register 2012, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-11-2013 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of subsection (d)(5) (Register 2013, No. 6).
4. Amendment of section and Note, including further amendment of subsection (b), refiled 2-7-2013 as a deemed emergency pursuant to Welfare and Institutions Code section 4627(d); operative 2-7-2013 (Register 2013, No. 6). A Certificate of Compliance must be transmitted to OAL by 5-9-2013 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and Note and subsequent amendments refiled 5-6-2013 as a deemed emergency pursuant to Welfare and Institutions Code section 4627(d); operative 5-6-2013 (Register 2013, No. 19). A Certificate of Compliance must be transmitted to OAL by 8-5-2013 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 8-15-2012 emergency amendment by operation of Government Code section 11346.1(f) (Register 2013, No. 32).
7. Amendment of section and Note filed 1-28-2014; operative 1-28-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 5).
This database is current through 6/17/22 Register 2022, No. 24
17 CCR § 54505, 17 CA ADC § 54505
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