Selma Municipal Code Ch. 3 Nursing Homes

For the purpose of this Chapter the following terms, phrases, words, and their derivations shall have the meaning given herein:

AGED: The word "Aged" shall mean any person sixty-five (65) years of age or over.

APPLICANT: The word "Applicant" shall mean a person that submits to the Health Department an application for a license or the renewal of a license to conduct, operate or maintain a nursing home under the provisions of this Chapter

INMATE: The word "Inmate" shall mean any person accommodated, cared for, treated, hospitalized, or boarded in any nursing home.

LICENSEE: The word "Licensee" shall mean a person having a City license in full force and effect issued hereunder for a nursing home.

NURSING HOME: The term "Nursing Home" shall mean any nursing home, convalescent home, institution, home, place or facility for the accommodation, care, hospitalization, treatment or boarding of one (1) or more aged, sick, infirmed, convalescent, invalid, mentally ill, feeble-minded, incompetent, decrepit, blind, disabled, injured, infected or chronically ill person, drug addict, dipsomaniac, or inebriate, for which accommodation, care treatment, boarding, or hospitalization a charge is made or compensation is required or expected, whether by fee or gift; provided, however, that the accommodation, care, treatment, hospitalization or boarding in a household or family, for compensation or otherwise of a person related by blood to the head of such household or family, or to his spouse, within and including the fourth degree of consanguinity within the Law of this State, shall not be deemed to constitute a nursing home within the meaning of this Chapter; provided, further, that the provisions of this Chapter shall not apply to any nursing home, hospital, clinic, treatment center, institution or other facility operated or maintained by or under the jurisdiction of the State, any agency or political subdivision of the State, or by any other public body or public entity, or operation or maintained pursuant to State license or permit or State supervision.

It shall be unlawful for any person to conduct, operate or maintain or permit to be conducted, operated or maintained, or to participate in the conduct, maintenance or operation of a nursing home within the City unless the Health Department has issued a valid license therefor which is in full force and effect.

Application for a license hereunder shall be made to the Health Department in such form and manner as it may prescribe. The application shall include such information and data respecting the nursing home for which the license is requested as the Health Department may prescribe, including a description of the facility and service and a statement of the personnel and program that are to be used therefor.

Upon receipt of an application for a license hereunder, the Health Department shall cause an investigation to be made of the activities, services and facilities of the applicant, including the character, reputation, health and qualifications of the applicant and members of the applicant's staff and of the applicant's financial responsibility. The applicant shall afford the representatives of the Health Department reasonable opportunity to inspect the applicant's nursing home for which the license is requested, its books and records and to interview the applicant's agents and employees and any inmate within the care or custody of the applicant in such nursing home.

Upon completion of such investigation the Health Department shall issue a City license to the applicant for the nursing home when it finds and determines that the applicant is adequately qualified and equipped to conduct, operate and maintain the nursing home for which the license is to be issued; that such nursing home conforms to the requirements of this Chapter; that it will be operated and maintained in such manner as to be conducive to the benefit and welfare of the inmates in such nursing home; that the applicant's financial responsibility is such as to give reasonable assurance of the continued operation and maintenance of such facility; and that the applicant and the applicant's staff are of good character and reputation.

(A) Number of Inmates: The license when issued shall designate the maximum number of inmates to be accommodated in the nursing home to which it applies and this number shall at no time be exceeded.

(B) Expiration: Each license, whether an original or a renewal license, shall expire at the end of one year from the date of its issuance, which date of expiration shall be stated upon its face, unless sooner revoked or surrendered.

(C) Form and Transferability: The licenses shall be issued on forms prescribed by the Health Department. Licenses shall not be transferable either as to place or person.

(D) Provisional License: The Health Department may issue a provisional license to any applicant for any period not to exceed six (6) months if the applicant is temporarily unable to comply with all the requirements of this Chapter. Such provisional license may be renewed but only for one additional period, not exceeding six (6) months, provided, the applicant has made reasonable efforts to comply with such requirements.

(E) Delays: In the event of delay on the part of the Health Department to take final action upon an application for a license within ninety (90) days after submittal, it shall be lawful for the applicant to engage in the operation of the nursing home for which the license has been applied for until the Health Department has taken final action on the application and has notified the applicant thereof. (1963 Code)

(F) Fees: There shall be collected by the Health Department before the issuance of any license or renewal license an annual fee of ten dollars ($10.00), which fee shall be deposited with the City Clerk. (Ord. 891, 3-2-87, eff. 7-1-87)

The Health Department shall deny a license for a nursing home if it shall appear to its satisfaction that the applicant, or if the applicant be a corporation, any officer or person who is to be in charge of such nursing home, has been convicted of a felony, or of a misdemeanor involving moral turpitude, or has had inadequate training or experience in the care of inmates of the nursing home.

The Health Department shall have the power and is hereby authorized to promulgate such rules and regulations for the operation of nursing homes in the City which it finds necessary or proper to carry out the intent of this Chapter.

Every licensee hereunder shall provide and maintain in such nursing home a register in bound book form setting forth the following facts concerning each inmate received, cared for or accommodated in such nursing home:

(A) Name.

(B) Last previous address.

(C) Age.

(D) Date of admission.

(E) Next of kin.

(F) Name and address of the person responsible for the care and maintenance.

(G) Name of inmate's attending physician.

(H) All written or verbal orders of the inmate's attending physician and the date on which such orders were given.

(I) Date of discharge or death.

(J) Cause of death.

(K) Disposition of personal effects at death.

(L) The amount and disposition of any money or other valuable deposited with the licensee to the credit of the inmate.

All entries required herein shall be made within twenty four (24) hours from the time of admission, or from the time of occurrence of the event required to be recorded. Every licensee shall keep and maintain such other records and make such reports to the Health Department as it may reasonably require upon such forms as it may prescribe.

Every licensee shall maintain a record setting forth the following facts concerning each nurse, attendant or other employee in such nursing home:

(A) Name.

(B) Age.

(C) Date employment began in the nursing home.

(D) Present and last previous address.

(E) Name and address of employers during the preceding three (3) year period.

(F) Position and duties.

(G) If employed as a nurse, date of State registration.

(H) Date employment terminated.

(I) Reason for termination.

A copy of such record shall be delivered to the Health Department at its office in the City not later than seventy two (72) hours following the employment of any such person.

All records required to be kept under the terms of this Chapter by the licensee shall be open to inspection by the Health Department at all reasonable hours. It shall be unlawful to make any false entries in said records. In addition to the penalties provided in this Code, falsification of such records or the omission of information required thereon shall be cause for revocation of the license.

It shall be the duty of the Health Department to inspect nursing homes for which licenses have been issued hereunder as often as it shall be necessary for the adequate control and supervision of the same, and the Health Department shall have the right to enter all such homes at any reasonable time for the purpose of making necessary investigations and inspections, and shall be charged with the responsibility of enforcing and administering the provisions of this Chapter. Every nursing home shall at all reasonable times be open for inspection by the Fire Chief and the Building Department of the City as well as the Health Department.

In case of any failure by a licensee to comply with the requirements of this Chapter or any rules and regulations promulgated pursuant hereto, the Health Department shall notify the licensee to correct the noncompliance, breach, default of illegal condition within such number of days as is reasonable in the light of the conditions to be remedies. In the event of failure, or upon refusal of the licensee, to comply with the Health Department's instructions, the Health Department shall revoke the license; provided, however, that upon a showing of hardship or other circumstances warranting such action, the Health Department shall have the authority to grant an extension of time for compliance with the Health Department's instructions.

No license for a nursing home shall be issued hereunder unless it is determined that the provisions of this Code applicable to such nursing home are being observed and complied with, including the provisions relating to health, sanitation, safety, fire, buildings, housing, electrical and other provisions relating thereto.

No license shall be issued for a nursing home if the location thereof shall be in violation of the Zoning provisions of this Code, unless such nursing home was being operated in such a locality as a nursing home prior to the enforcement of the Zoning provisions.

The Health Department may revoke or suspend any license for a nursing home if it is determined that the nursing home is being operated or maintained in violation of the requirements of this Chapter or of the regulations promulgated pursuant to this Chapter or for any of the following causes:

(A) Fraud or misrepresentation in obtaining the license.

(B) Maltreating or abusing any inmate of such nursing home.

(C) Using practices inimical to the physical, mental or moral well-being of any inmate.

(D) Conducting the nursing home in a manner constituting a breach of the public peace or a menace to the public health, safety, morals or welfare.

Such revocation or suspension of the license shall be in addition to any other penalty that may be provided by Law. (1963 Code)