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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-19</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Valladares</ns0:AuthorText>
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<ns0:House>SENATE</ns0:House>
<ns0:Name>Valladares</ns0:Name>
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<ns0:Title> An act to amend Section 1562.01 of the Health and Safety Code, relating to care facilities. </ns0:Title>
<ns0:RelatingClause>care facilities</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Short-term residential therapeutic programs.</ns0:Subject>
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<html:p>Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities, including short-term residential therapeutic programs, by the State Department of Social Services, and defines a short-term residential therapeutic program as a residential facility licensed by the department and operated by any public agency or private organization that provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour care and supervision to children that is trauma-informed. </html:p>
<html:p>Existing law requires a short-term residential therapeutic program to prepare and maintain a current, written plan of operation that includes a program statement containing, among other things, a description of how the short-term residential therapeutic
program will meet specified standards established by the department in collaboration with the State Department of Health Care Services. Existing law requires a short-term residential therapeutic plan to ensure the availability of licensed nursing staff, as specified. </html:p>
<html:p>This bill would make technical, nonsubstantive changes to those provisions. </html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 1562.01 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Num>1562.01.</ns0:Num>
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<html:p>
(a)
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The department shall license short-term residential therapeutic programs, as defined in paragraph (18) of subdivision (a) of Section 1502, pursuant to this chapter. A short-term residential therapeutic program shall comply with all requirements of this chapter that are applicable to group homes and to the requirements of this section.
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<html:p>
(b)
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(1)
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A short-term residential therapeutic program shall have national accreditation from an entity identified by the department pursuant to the process described in paragraph (6) of subdivision (b) of Section 11462 of the Welfare and Institutions Code.
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<html:p>
(2)
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A short-term residential therapeutic program applicant shall submit documentation of
accreditation or application for accreditation with its application for licensure.
</html:p>
<html:p>
(3)
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A short-term residential therapeutic program shall have up to 24 months from the date of licensure to obtain accreditation.
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<html:p>
(4)
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A short-term residential therapeutic program shall provide documentation to the department reporting its accreditation status at 12 months and at 18 months after the date of licensure.
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<html:p>
(5)
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This subdivision does not preclude the department from requesting additional information from the short-term residential therapeutic program regarding its accreditation status.
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<html:p>
(6)
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The department may revoke a short-term residential therapeutic program’s license pursuant to Article 5 (commencing with Section 1550) for failure to obtain accreditation within
the timeframes specified in this subdivision.
</html:p>
<html:p>
(c)
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(1)
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A short-term residential therapeutic program shall have up to 12 months from the date of licensure to obtain in good standing a mental health program approval and Medi-Cal mental health certification, as set forth in Sections 4096.5 and 11462.01 of the Welfare and Institutions Code.
</html:p>
<html:p>
(2)
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A short-term residential therapeutic program shall maintain the program approval described in paragraph (1) in good standing during its licensure.
</html:p>
<html:p>
(3)
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The department shall track the number of licensed short-term residential therapeutic programs that were unable to obtain a mental health program approval and provide that information to the Legislature annually as part of the state budget process.
</html:p>
<html:p>
(d)
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(1)
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A short-term residential therapeutic program shall prepare and maintain a current, written plan of operation as required by the department.
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<html:p>
(2)
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The plan of operation shall include, but not be limited to, all of the following:
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<html:p>
(A)
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A statement of purposes and goals.
</html:p>
<html:p>
(B)
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A plan for the supervision, evaluation, and training of staff, designed to ensure the provision of trauma-informed services. The plan shall be appropriate to meet the needs of staff and children.
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<html:p>
(C)
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A program statement that includes all of the following:
</html:p>
<html:p>
(i)
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A
description of how the short-term residential therapeutic program will meet standards, established by the department in collaboration with the State Department of Health Care Services, for both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A comprehensive trauma-informed treatment model designed to address the individualized needs of children.
</html:p>
<html:p>
(II)
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A plan for how the short-term residential therapeutic program will make licensed nursing staff available, as set forth in subdivision (n).
</html:p>
<html:p>
(ii)
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Description of the short-term residential therapeutic program’s ability to support the individual needs of children and their families with short-term, specialized, trauma-informed, and intensive treatment, including, but not limited to,
treatment that implements child-specific short- and long-term needs and goals identified by the qualified individual’s assessment of the child pursuant to subdivision (g) of Section 4096 of the Welfare and Institutions Code.
</html:p>
<html:p>
(iii)
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Description of the core services, as set forth in paragraph (1) of subdivision (b) of Section 11462 of the Welfare and Institutions Code, to be offered to children and their families, as appropriate or necessary.
</html:p>
<html:p>
(iv)
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Procedures for the development, implementation, and periodic updating of the needs and services plan for children served by the short-term residential therapeutic program and procedures for collaborating with the child and family team described in paragraph (4) of subdivision (a) of Section 16501 of the Welfare and Institutions Code, that include, but are not limited to, a description of the services to be provided or arranged to meet the
short- and long-term needs and goals of the child as assessed by the qualified individual, pursuant to Sections 4096 and 11462.01 of the Welfare and Institutions Code, processes to ensure treatment is consistent with the short- and long-term needs and goals for the child, including, as specified in the child’s permanency plan, the anticipated duration of the treatment, and processes to ensure that consistent progress is made toward the timeframe and plan for transitioning the child to a less restrictive family environment.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
A description of the population or populations to be served.
</html:p>
<html:p>
(vi)
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A description of compliance with the requirements in subdivision (c). A short-term residential therapeutic program that has not satisfied the requirements in subdivision (c) shall demonstrate the ability to meet the mental health service needs of children.
</html:p>
<html:p>
(vii)
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(I)
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A description of how the short-term residential therapeutic program, in accordance with the child’s case plan and the child and family team recommendations, will provide for, arrange for the provision of, or assist in, all of the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
Identification of home-based family care settings for a child who does not have a home-based caregiver identified for transition and pursuant to clause (viii).
</html:p>
<html:p>
(ib)
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Development of an individualized family-based aftercare support plan that identifies necessary supports, services, and treatment to be provided for at least six months postdischarge as a child moves from their short-term residential therapeutic program placement to home-based family care setting or to a permanent living situation through reunification, adoption, or guardianship, or to
a transitional housing program. This plan shall be developed, pursuant to Section 4096.6 of the Welfare and Institutions Code, in collaboration with the county placing agency, the child and family team, and other necessary agencies or individuals for at least six months postdischarge. Federal financial participation under the Medi-Cal program shall only be available if all state and federal requirements are met and the treatment is medically necessary, regardless of the six months postdischarge requirement.
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<html:p>
(ic)
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Documentation of the process by which the short- and long-term, child-specific mental health goals identified by a qualified individual, as defined in Section 16501 of the Welfare and Institutions Code, pursuant to subdivision (g) of Section 4096 of the Welfare and institutions Code, will be implemented by the short-term residential therapeutic program.
</html:p>
<html:p>
(II)
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This clause
shall not be interpreted to supersede the placement and care responsibility vested in the county child welfare agency or probation department.
</html:p>
<html:p>
(viii)
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(I)
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On and after October 1, 2021, a description of how the short-term residential therapeutic program will, to the extent clinically appropriate, consistent with any applicable court orders, and in accordance with the child’s best interest, do all of the following:
</html:p>
<html:p>
(ia)
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Facilitate participation of family members in the child’s treatment program.
</html:p>
<html:p>
(ib)
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Facilitate outreach to the family members of the child, including siblings, document how the outreach is made, including contact information, and maintain contact information for any known biological family and nonrelative extended family members of the child.
</html:p>
<html:p>
(ic)
<html:span class="EnSpace"/>
Document how family members will be integrated into the treatment process for the child, including postdischarge, and how sibling connections are maintained.
</html:p>
<html:p>
(II)
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This clause shall not be interpreted to supersede the placement and care responsibility vested in the county child welfare agency or probation department.
</html:p>
<html:p>
(ix)
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Any other information that may be prescribed by the department for the proper administration of this section.
</html:p>
<html:p>
(e)
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In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a short-term residential therapeutic program shall describe, in the plan of operation, its conflict of interest mitigation plan, as set forth in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.
</html:p>
<html:p>
(f)
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(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A short-term residential therapeutic program applicant shall submit an application to the department that includes a letter of recommendation in support of its program from a county placing agency.
</html:p>
<html:p>
(ii)
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The letter of recommendation shall include a statement that the county placing agency reviewed a copy of the applicant’s program statement.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If the letter of recommendation is not from the county in which the facility is located, the short-term residential therapeutic program applicant shall include, with its application, a statement that it provided the county in which the facility is located an opportunity for that county to review the program statement and notified that county that the facility has received a letter of
recommendation from another county.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the application does not contain a letter of recommendation as described in subparagraph (A), then the department shall cease review of the application. Nothing in this paragraph shall constitute a denial of the application for purposes of Section 1526 or any other law.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A new letter of recommendation is not required when a short-term residential therapeutic program moves locations.
</html:p>
<html:p>
(2)
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A short-term residential therapeutic program shall submit a copy of its program statement to all county placing agencies from which the short-term residential therapeutic program accepts placements, including the county in which the facility is located, for optional review when the short-term residential therapeutic program updates its program statement.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall adopt regulations to establish requirements for the education, qualification, and training of facility managers and staff who provide care and supervision to children or who have regular, direct contact with children in the course of their responsibilities in short-term residential therapeutic programs consistent with the intended role of these facilities to provide short-term, specialized, and intensive treatment.
</html:p>
<html:p>
(2)
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Requirements shall include, but not be limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Staff classifications.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Specification of the date by which employees shall be required to meet the education and qualification requirements.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any other requirements that may be prescribed by the department for the proper administration of this section.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The department shall adopt regulations to specify training requirements for staff who provide care and supervision to children or who have regular, direct contact with children in the course of their responsibilities. These requirements shall include both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Timeframes for completion of training, including the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Training that shall be completed prior to unsupervised care of children.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Training to be completed within the first 180 days of employment.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Training to be completed annually.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Topics to be covered in the training shall include, but are not limited to, the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Child and adolescent development, including sexual orientation, gender identity, and gender expression.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The effects of trauma, including grief and loss, and child abuse and neglect on child development and behavior and methods to behaviorally support children impacted by that trauma or child abuse and neglect.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The rights of a child in foster care, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual
orientation, gender identity, mental or physical disability, or HIV status.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Positive discipline and the importance of self-esteem.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Core practice model.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
An overview of the child welfare and probation systems.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Reasonable and prudent parent standard.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Awareness and identification of commercial sexual exploitation and best practices for providing care and supervision to
commercially sexually exploited children.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
The federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Permanence, well-being, and educational needs of children.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
Best practices for providing care and supervision to
nonminor dependents.
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
Health issues in foster care.
</html:p>
<html:p>
(O)
<html:span class="EnSpace"/>
Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma-informed crisis management planning.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Each person employed as a facility manager or staff member of a short-term residential therapeutic program, who provides direct care and supervision to children and youth residing in the short-term residential therapeutic program shall be at least 21 years of age.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision shall not apply to a facility manager or staff member employed, before October 1, 2014, at a short-term residential therapeutic program that was operating under a group home license prior to January 1, 2017.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Notwithstanding any other section of this chapter, the department may establish requirements for licensed group homes that are transitioning to short-term residential therapeutic programs, which may include, but not be limited to, requirements related to application and plan of operation.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
A short-term residential therapeutic program shall have a qualified and certified administrator, as set forth in Section 1522.41.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
A short-term residential therapeutic program shall provide trauma-informed support and transition services to foster youth as part of a planned or unplanned discharge. This shall include participation in any county-level or state-level meetings pursuant to Section 16521.6 of the Welfare and Institutions Code with the goal of placement preservation whenever possible or, if necessary, identifying
and working with alternative short-term residential therapeutic programs or other providers to directly transition the youth.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
The department shall have the authority to inspect a short-term residential therapeutic program pursuant to the system of governmental monitoring and oversight developed by the department pursuant to subdivision (c) of Section 11462 of the Welfare and Institutions Code.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A short-term residential therapeutic program shall ensure the availability of licensed nursing staff, which may include the nursing resources established pursuant to Section 4096.55 of the Welfare and Institutions Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Nursing staff shall be onsite according to the treatment model of the short-term residential therapeutic program and as otherwise required by the needs of any child residing in the facility.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Nursing staff shall be available 24 hours a day, 7 days a week, and shall provide care within the scope of their practice.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If a child who is placed in a short-term residential therapeutic program by a county placing agency requires regular onsite nursing care and does not require inpatient care in a licensed health facility, the short-term residential therapeutic program shall provide the nursing care consistent with their treatment model, or shall partner with the county placing agency to arrange for the nursing care to be provided.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The department, in
consultation with the State Department of Health Care Services, county agencies, providers, and other stakeholders, shall develop guidance to implement this subdivision.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
The short-term residential therapeutic program shall maintain the interagency placement committee’s written determination and the qualified individual’s assessment of the child, required to be completed and provided to the short-term residential therapeutic program pursuant to subdivisions (f) and (g) of Section 4096 of the Welfare and Institutions Code, in the child’s record.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
The short-term residential therapeutic program shall engage with the county placing agency in placement preservation strategies pursuant to Section 16010.7 of the Welfare and Institutions Code, as applicable. Nothing in this subdivision shall be interpreted to supersede the placement and care responsibility vested in the county
placing agency or their responsibilities under Section 16010.7 of the Welfare and Institution Code.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall adopt regulations to implement this section, collaborating with the State Department of Health Care Services, as necessary, to ensure alignment with mental health program approval requirements, as described in Section 4096.5 of the Welfare and Institutions Code.
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<html:p>
(2)
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Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of interim licensing standards until regulations are adopted. These interim licensing standards shall have the same force and effect as regulations until the adoption of
regulations.
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