1. (a) As used in this chapter, “deficiency” means failure to comply with any provision of Chapter 7.5 (commencing with Section 11834.01), Part 2, Division 10.5 of the Health and Safety Code, or the regulations contained in this chapter. Deficiencies shall be classed as Class A, B, or C deficiencies as defined in this section.

2. (b) A Class A deficiency is any deficiency which presents an imminent danger to any resident of the facility. As used in this Chapter, “imminent danger” means that the more likely consequence of the deficiency is death or physical injury which would:

   1. (1) Render a part of the body functionally useless or temporarily or permanently reduced in capacity, or
   2. (2) Inhibit any function of the body to such a degree as to shorten life or to reduce physical or mental capacity.
3. (c) A Class B deficiency is any deficiency relating to the operation or maintenance of the facility which has a direct or immediate relationship to the physical health, mental health, or safety of facility residents.
4. (d) A Class C deficiency is a deficiency relating to the operation or maintenance of the facility which the Department determines has only a minimal relationship to the health or safety of facility residents.

Note: Authority cited: Sections 11755, 11834.50 and 11835, Health and Safety Code. Reference: Sections 11834.34 and 11834.50, Health and Safety Code.

History

1. Repealer and new section filed 4-18-94; operative 5-18-94 (Register 94, No. 16). For prior history, see Register 87, No. 43.

2. Repealer and new section filed 4-9-97 as an emergency; operative 4-9-97 (Register 97, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-7-97 or emergency language will be repealed by operation of law on the following day.

3. Repealer and new section refiled 6-16-97 as an emergency; operative 8-7-97 (Register 97, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-5-97 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 6-16-97 emergency transmitted to OAL 10-29-97 and filed 12-15-97 (Register 97, No. 51).