What "probation," "provisional license" and "license pending" mean

Title 22 §80005 requires a license to operate a community care facility, which includes an ARF, unless the facility is exempt, and §80006 covers operating without one. Under §80034, any change of licensee requires a new application, including, for a corporation, a sale of most of its stock or a merger. That is why a change of ownership often shows up in the state's data as a new application at the same address.

CDSS's consumer guide adds that a license should be available to view on request if it isn't posted in a prominent place in the facility.

A license is placed on probation as the outcome of a formal enforcement case. The licensing fee rules (§80036) describe probation as resulting from "a stipulation or decision and order" under the administrative hearing procedures of the Administrative Procedure Act. In other words, it is either agreed to in a settlement or ordered after a hearing.

Some concrete consequences in the rules:

• Health and Safety Code §1534, as quoted in Title 22 §80045, requires CCLD to make an annual unannounced visit when a license is on probation.
• A probation monitoring fee applies for each year a license is on probation (§80036).

The terms of a particular probation are set in that case's settlement or decision, which this site does not have. The facility's inspection reports usually show the problems that led to it. To see which facilities are on probation now, use Facility Search filtered to probation.

Title 22 §80001 defines a provisional license as temporary, nonrenewable and issued for no more than twelve months. Under §80030, CCLD may issue one to an applicant while it decides on a completed application for an initial license, when:

• the facility is in substantial compliance with the law and regulations,
• an urgent need for licensure exists, and
• a corporate applicant's board members, executive director and officers are eligible for licensure.

Section 80001 defines urgent need as a situation where stopping the facility from operating would harm a client's physical health, mental health, safety or welfare, and gives a change in facility location as an example. A provisional license often appears around a new location or a new licensee.

A provisional license may run up to six months when full compliance is expected within that time, or up to twelve months when more time is needed for reasons beyond the applicant's control. Its capacity may be limited, and it ends on the date on the license or when the application is denied, whichever comes first. If serious deficiencies are found during the provisional period, the Department may take action.

See facilities with a provisional license.

In CCLD's records, a status of Pending generally means a license application has not been decided yet. A pending application can be a brand-new home or a new licensee applying to take over an existing one.

Some things to keep in mind:

• Title 22 requires a license to operate (§80005) and treats operating without one as a violation (§80006).
• An Emergency Approval to Operate is a temporary approval for no more than 60 days while the Department decides whether to approve or deny a provisional license (§80001).

This site's New applications page lists pending applications statewide and flags possible ownership transfers: a pending application at the same street address as an existing facility with a different licensee. That pattern is often a change of ownership, but it can be something else, so treat it as a question to ask, not a conclusion.

• On probation: What led to it, what has changed since, and how long does the probation last?
• Provisional: Is there a new licensee or a new location? When does the provisional license end, and has the full license been issued?
• Pending: Is this a new licensee taking over? Who is the current licensee, and who will be responsible for care during the change?

Each facility page shows its status badge, its history of status changes since we began tracking, and its reports. You can follow status changes statewide on Recent changes and in the monthly reports.