BILL NUMBER: SB 540	CHAPTERED  09/05/03

	CHAPTER  322
	FILED WITH SECRETARY OF STATE  SEPTEMBER 5, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 4, 2003
	PASSED THE SENATE  AUGUST 21, 2003
	PASSED THE ASSEMBLY  JULY 29, 2003
	AMENDED IN ASSEMBLY  JUNE 27, 2003
	AMENDED IN ASSEMBLY  JUNE 11, 2003
	AMENDED IN SENATE  APRIL 23, 2003
	AMENDED IN SENATE  APRIL 1, 2003

INTRODUCED BY   Senator Soto

                        FEBRUARY 20, 2003

   An act to add Section 1569.628 to the Health and Safety Code,
relating to residential care facilities for the elderly.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 540, Soto.  Residential care facilities for the elderly:
special services.
   Existing law provides for the regulation and licensure of
residential care facilities for the elderly by the State Department
of Social Services.  A violation of these provisions is a
misdemeanor.
   This bill would require a licensee of a residential care facility
for the elderly that advertises or promotes special care,
programming, or environments for persons with a specific health
related condition, except as prescribed, to provide to each
prospective resident prior to admission an accurate narrative
description of these services and programs, in writing.  The bill
would require all reasonable efforts to be made to communicate this
information to a person who is unable to read it himself or herself.
By creating a new crime, this bill would impose a state-mandated
local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1569.628 is added to the Health and Safety
Code, to read:
   1569.628.  A licensee of a residential care facility for the
elderly that advertises or promotes special care, programming, or
environments for persons with a health related condition, except as
specified in Section 1569.72, shall provide to each prospective
resident an accurate narrative description of these programs and
services.  The description shall be provided in writing prior to
admission.  All reasonable efforts shall be made to communicate the
information in the narrative description to a person who is unable to
read it himself or herself, including, but not limited to, reading
the description out loud.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.