LIC 9020A: Register of Facility Residents - Residential Care Facilities for the Elderly

Section 87508(a): "The licensee shall ensure that a current register of all residents in the facility is maintained and contains the following updated information" ^[3]. The form's instructions open with the same duty ^[1].

The form has no signature line ^[1]. The top of the form asks for the facility name, the facility number that CDSS assigned, the licensee name, and the date or update date ^[1]. Each row asks for ^[1]:

• a room identifier, "such as room number"
• the resident's legal name and the language or languages the resident reads
• ambulatory status
• the attending physician's name, address and telephone number
• the representative's name, address and telephone number

The form defines "licensee" as "the individual, firm, partnership, corporation, association or county having the authority and responsibility for the operation of a licensed facility" ^[1].

The rule gives no number of days. Section 87508(a) asks for "a current register" with "updated information" ^[3]. The form's "Date/Update" item says to enter "the date information is being initially recorded or updated" ^[1]. Neither text says how soon after a move-in, a move-out or a change the register must be updated ^[3][1].

Section 87508(c): "The register of current residents shall be kept in a central location at the facility." Under (c)(1), "The register shall be treated as confidential information pursuant to Section 87506(c)" ^[3]. Section 87506(c) says "All information and records obtained from or regarding residents shall be confidential" ^[4]. The form is marked "(CONFIDENTIAL)" on page 1 ^[1].

The licensing agency can ask for it. Section 87508(b): registers "shall be available to the licensing agency to inspect, audit, and copy upon demand during normal business hours." Licensing staff may remove a register to copy it, with these limits ^[3]:

• They shall not remove a current register unless the same information is otherwise readily available in another document or format.
• Before removing one, they prepare a list of the registers, sign and date it, and leave a copy with the administrator or designee.
• They return the registers "undamaged and in good order within three business days" after removing them.

How long to keep it. Section 87508 gives no period ^[3]. Section 87506(e) sets a minimum of three years after service to the resident ends for "Original records or photographic reproductions" ^[4]. Section 87508(c)(1) points only to § 87506(c), for confidentiality ^[3]. LIC 311F (4/05) lists "Register of Facility Clients/Residents (LIC 9020)" among the records an RCFE keeps and gives no period ^[5].

What § 87508(a) lists. The register contains ^[3]:

• "The resident's name and ambulatory status as specified in Section 87506(b)(1) and (b)(10)."
• "Information on the resident's attending physician as specified in Section 87506(b)(7)."
• "Information on the resident's responsible person as specified in Section 87506(b)(6)."

The subsection numbers inside § 87508(a) do not match today's § 87506(b). In the current § 87506(b) ^[4]:

• (1) is the resident's legal and preferred name
• (6) is birthdate
• (7) is religious preference
• (8) is the name, address and telephone number of the resident's representative
• (9) is the physician and dentist to be called in an emergency
• (10) is reports of the medical assessment
• (12) is ambulatory status

None of the sources here says which current items the numbers in § 87508(a) mean.

What the form's instructions add ^[1]:

• Ambulatory status. Check one box. The form says its definitions "are for the purposes of a fire clearance." "Ambulatory" means a person "capable of demonstrating the mental competence and physical ability to leave a building without assistance of any other person or without the use of any mechanical aid in case of an emergency." "Non-ambulatory" means a person "unable to leave a building unassisted under emergency conditions. It includes any person who is unable or likely to be unable, to physically and mentally respond to a sensory signal approved by the State Fire Marshal, or an oral instruction relating to fire danger, and person who depend upon mechanical aids such as crutches, walkers, and wheelchairs. A person who is unable to independently transfer to and from bed, but who does not need assistance to turn or reposition in bed, shall be considered non-ambulatory for fire safety requirements." "Bedridden" means "a person who is unable to independently turn or reposition in bed."
• Representative. The person "who has authority to act on behalf of the resident." The form says "Representative" is defined in Title 22 § 87101(r)(3) ^[1]. That definition includes, but is not limited to, "a conservator, guardian, person authorized as the agent in the resident's valid advance health care directive, the resident's spouse, registered domestic partner, family member, a person designated by the resident, or other surrogate decisionmaker designated consistent with statutory and case law" ^[6]. Section 87508(a)(3) says "responsible person" and the form says "Representative." Title 22 § 87101(r)(6) says "Responsible Person" means "Representative" as defined in § 87101(r)(3) ^[6].