§ 83001. Definitions.
22 CA ADC § 83001Barclays Official California Code of RegulationsEffective: July 1, 2024
Effective: July 1, 2024
22 CCR § 83001
§ 83001. Definitions.
In addition to Section 80001, the following shall apply.
(f)(1) “Family Health Care” means health care which does not require the skills of qualified technical or professional personnel and is provided to a child by the foster parent in accordance with Section 83075(e). When these requirements are met, the family health care that may be provided includes, but is not limited to the following:
(2) “Gender Identity” means a person's identity based on the individual's stated gender identity, without regard to whether the self-identified gender accords with the individual's physical appearance, surgical history, genitalia, legal sex, sex assigned at birth, or name and sex, as it appears in medical records, and without regard to any contrary statement by any other person, including a family member, conservator, or legal representative. An individual who lacks the present ability to communicate their gender identity shall retain the gender identity most recently expressed by that individual. Senate Bill 179 (Atkins, Chapter 853, Statutes of 2017) also known as the Gender Recognition Act, established three equally recognized genders in California: female, male, and nonbinary.
(h)(1) “Health Care Professional” means a physician or an individual who is licensed or certified under Division 2 of the Business and Professions Code to perform the necessary client care procedures prescribed by a physician. Such health care professionals include the following: Registered Nurse, Public Health Nurse, Licensed Vocational Nurse, Psychiatric Technician, Physical Therapist, Occupational Therapist and Respiratory Therapist.
(2) “Health-related services” shall include, but not be limited to, medical, dental, vision, mental health, substance use disorder services, reproductive and sexual health care. This shall include abortion and contraception related services and gender affirming health care and gender affirming mental health care.
(2) “Individualized Health Care Plan Team” means those individuals who develop an individualized health care plan for a child with special health care needs. This team must include the child's primary care physician or other health care professional designated by the physician, any involved medical team, the county social worker or regional center caseworker, and any health care professional designated to monitor the specialized in-home health care provided to the child as stated in the child's individualized health care plan. The individualized health care plan team may include, but shall not be limited to, a public health nurse, representatives from the California Children's Services Program or the Child Health and Disability Prevention Program, regional centers, the county mental health department and where reunification is the goal, the parent or parents, if available. In addition, the individualized health care plan team may include the prospective specialized licensees who shall not participate in any team determination required by Sections 83010.1(a)(1)(C) and (2)(C), and 83065.1(a)(1)(B).
(A) A dependency upon one or more of the following when, but for the fact that trained foster parents may provide these services under Welfare and Institutions Code Section 17736, the skills of qualified technical or professional personnel would be required: enteral feeding tube, total parenteral feeding, a cardiorespiratory monitor, intravenous therapy, a ventilator, oxygen support, urinary catheterization, renal dialysis, ministrations imposed by tracheostomy, colostomy, ileostomy, ileal conduit, or other medical or surgical procedures or special medication regimens, including injection, and intravenous medication; or
(B) Conditions such as AIDS, premature birth, congenital defects, severe seizure disorders, severe asthma, bronchopulmonary dysplasia, and severe gastroesophageal reflux when, because their condition could rapidly deteriorate causing permanent injury or death, the child requires in-home health care other than, or in addition to, family health care.
(n)(1) “Needs and Services Plan” means a time-limited, goal-oriented written plan implemented by the licensee which identifies the specific needs of an individual child, including but not limited to the items specified in section 83068.2, and delineates those service needs necessary in order to meet the child's identified needs.
(2) “Nonbinary” is an umbrella term for people with gender identities that fall somewhere outside of the traditional conceptions of strictly either female or male. People with nonbinary gender identities may or may not identify as transgender, may or may not have been born with intersex traits, may or may not use gender-neutral pronouns, and may or may not use more specific terms to describe their genders, such as agender, genderqueer, gender fluid, Two Spirit, bigender, pangender, gender nonconforming, or gender variant.
(p)(1) “Physical Restraining Device” means any physical or mechanical device, material, or equipment attached or adjacent to a child's body which the child cannot remove easily and which restricts the child's freedom of movement. Restraining devices include leg restraints, arm restraints, soft ties or vests, wheel chair safety bars, and full length bedrails.
Credits
Note: Authority cited: Sections 1502.8, 1507.25, 1530 and 1530.91, Health and Safety Code; and Section 17730, Welfare and Institutions Code. Reference: Sections 1439.50, 1501, 1502, 1507, 1507.2, 1530, 1530.9 and 1531, Health and Safety Code; and Sections 362.04, 362.05, 369.5(d), 739.5(d), 11403, 16001.9(a), 17710, 17731(c), 17732(b) and 17732.1, Welfare and Institutions Code.
History
1. Change without regulatory effect amending lettering and correcting cross-references filed 5-25-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 28).
2. Amendment of section and Note filed 5-14-97; operative 6-13-97 (Register 97, No. 20).
3. Amendment of subsection c.(1), new subsections c.(1)(A)-(B) and amendment of subsections c.(2) and c.(2)(B)1.-2. and Note filed 2-6-2012; operative 3-7-2012 (Register 2012, No. 6).
4. New subsections g.(1)-(2) and s.(1), subsection renumbering, new subsection t.(1) and amendment of Note filed 8-24-2017; operative 10-1-2017 (Register 2017, No. 34).
5. New subsection (p)(2) and amendment of Note filed 5-20-2020; operative 7-1-2020 (Register 2020, No. 21).
6. New subsections (a)(1) and (h)(2), subsection renumbering, amendment of subsection (r) and amendment of Note filed 6-9-2022; operative 10-1-2022 (Register 2022, No. 23). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
7. New subsection (s)(1), subsection renumbering and amendment of Note filed 5-16-2023; operative 7-1-2023 (Register 2023, No. 20).
8. Amendment of subsections (g)(1)-(2), (m)(1)(B), new subsection (n)(2), amendment of subsections (s)(2) and (t)(1) and amendment of Note filed 3-1-2024; operative 7-1-2024 (Register 2024, No. 9).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 22, § 83001, 22 CA ADC § 83001
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