1290. (a) Except as provided in subdivision (b) or (c), any person
who violates this chapter or Section 127050 or 128600, or who
willfully or repeatedly violates any rule or regulation adopted under
this chapter or Section 127050 or 128600 is guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine not to exceed
one thousand dollars ($1,000) or by imprisonment in the county jail
for a period not to exceed 180 days, or by both the fine and
imprisonment.
(b) Any person who violates Section 1286 is guilty of an
infraction and shall be punished by a fine of not more than one
hundred dollars ($100).
(c) Any person who willfully or repeatedly violates this chapter
or Chapter 2.4 (commencing with Section 1417), excluding Sections
1425 and 1432, or any rule or regulation adopted under this chapter,
relating to the operation or maintenance of a long-term health care
facility as defined in Section 1418, is guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not to exceed two
thousand five hundred dollars ($2,500) or by imprisonment in the
county jail for a period not to exceed 180 days, or by both.
In determining the punishment to be imposed upon a conviction
under this subdivision, the court shall consider all relevant facts,
including, but not limited to, the following:
(1) Whether the violation exposed the patient to the risk of death
or serious physical harm.
(2) Whether the violation had a direct or immediate relationship
to the health, safety, or security of the patient.
(3) Evidence, if any, of willfulness.
(4) The number of repeated violations.
(5) The presence or absence of good faith efforts by the defendant
to prevent the violation.
(d) For the purposes of this section, "willfully" or "willful"
means the person doing an act or omitting to do an act intends the
act or omission, and knows the relevant circumstances connected
therewith.
1291. The director may bring an action to enjoin the violation or
threatened violation of Section 1253 in the superior court in and for
the county in which the violation occurred or is about to occur. Any
proceeding under this section shall conform to the requirements of
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure, except that the director shall not be
required to allege facts necessary to show or tending to show lack of
adequate remedy at law or irreparable damage or loss. Upon a finding
by the director that the violations threaten the health or safety of
patients in, or served by, a health facility, the health officer of
any county or city health department which has been delegated
inspection authority as defined in Section 1257 may bring an action
to enjoin the violation, threatened violation, or continued violation
by any health facility which is located in an area which is under
his or her local health jurisdiction. Prior to bringing an action to
enjoin the violation, the department shall ensure, to the extent
feasible, that written notice of the proposed action is provided to
each patient or the party responsible for each patient, each patient'
s physician and appropriate agencies which may be able to assist in,
or facilitate, the placement of the patient in a licensed facility.
With respect to any and all actions brought pursuant to this
section alleging the actual violation of Section 1253, the court
shall, if it finds the allegations to be true, issue its order
enjoining the facility from continuance of the violation.
1292. Any action brought by the director against a health facility
shall not abate by reason of a sale or other transfer of ownership of
the health facility which is a party to the action except with
express written consent of the director.
1293. The district attorney of every county shall, upon application
by the state department or its authorized representative, institute
and conduct the prosecution of any action for violation within his
county of any provisions of this chapter.
1293.2. It is a misdemeanor for any person to do any of the
following:
(a) Willfully prevent, interfere with, or attempt to impede in any
way the work of any duly authorized representative of the state
department in the lawful enforcement of this chapter.
(b) Willfully prevent or attempt to prevent the representative
from examining any relevant books or records in the conduct of his or
her official duties under this chapter.
(c) Willfully prevent or interfere with the representative in the
preserving of evidence of any violation of this chapter or of the
rules and regulations adopted under this chapter.
(d) For purposes of this section, "willfully" means the person
doing an act or omitting to do an act, intends the act or omission
and knows the relevant circumstances connected therewith.
1290. (a) Except as provided in subdivision (b) or (c), any person
who violates this chapter or Section 127050 or 128600, or who
willfully or repeatedly violates any rule or regulation adopted under
this chapter or Section 127050 or 128600 is guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine not to exceed
one thousand dollars ($1,000) or by imprisonment in the county jail
for a period not to exceed 180 days, or by both the fine and
imprisonment.
(b) Any person who violates Section 1286 is guilty of an
infraction and shall be punished by a fine of not more than one
hundred dollars ($100).
(c) Any person who willfully or repeatedly violates this chapter
or Chapter 2.4 (commencing with Section 1417), excluding Sections
1425 and 1432, or any rule or regulation adopted under this chapter,
relating to the operation or maintenance of a long-term health care
facility as defined in Section 1418, is guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not to exceed two
thousand five hundred dollars ($2,500) or by imprisonment in the
county jail for a period not to exceed 180 days, or by both.
In determining the punishment to be imposed upon a conviction
under this subdivision, the court shall consider all relevant facts,
including, but not limited to, the following:
(1) Whether the violation exposed the patient to the risk of death
or serious physical harm.
(2) Whether the violation had a direct or immediate relationship
to the health, safety, or security of the patient.
(3) Evidence, if any, of willfulness.
(4) The number of repeated violations.
(5) The presence or absence of good faith efforts by the defendant
to prevent the violation.
(d) For the purposes of this section, "willfully" or "willful"
means the person doing an act or omitting to do an act intends the
act or omission, and knows the relevant circumstances connected
therewith.
1291. The director may bring an action to enjoin the violation or
threatened violation of Section 1253 in the superior court in and for
the county in which the violation occurred or is about to occur. Any
proceeding under this section shall conform to the requirements of
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure, except that the director shall not be
required to allege facts necessary to show or tending to show lack of
adequate remedy at law or irreparable damage or loss. Upon a finding
by the director that the violations threaten the health or safety of
patients in, or served by, a health facility, the health officer of
any county or city health department which has been delegated
inspection authority as defined in Section 1257 may bring an action
to enjoin the violation, threatened violation, or continued violation
by any health facility which is located in an area which is under
his or her local health jurisdiction. Prior to bringing an action to
enjoin the violation, the department shall ensure, to the extent
feasible, that written notice of the proposed action is provided to
each patient or the party responsible for each patient, each patient'
s physician and appropriate agencies which may be able to assist in,
or facilitate, the placement of the patient in a licensed facility.
With respect to any and all actions brought pursuant to this
section alleging the actual violation of Section 1253, the court
shall, if it finds the allegations to be true, issue its order
enjoining the facility from continuance of the violation.
1292. Any action brought by the director against a health facility
shall not abate by reason of a sale or other transfer of ownership of
the health facility which is a party to the action except with
express written consent of the director.
1293. The district attorney of every county shall, upon application
by the state department or its authorized representative, institute
and conduct the prosecution of any action for violation within his
county of any provisions of this chapter.
1293.2. It is a misdemeanor for any person to do any of the
following:
(a) Willfully prevent, interfere with, or attempt to impede in any
way the work of any duly authorized representative of the state
department in the lawful enforcement of this chapter.
(b) Willfully prevent or attempt to prevent the representative
from examining any relevant books or records in the conduct of his or
her official duties under this chapter.
(c) Willfully prevent or interfere with the representative in the
preserving of evidence of any violation of this chapter or of the
rules and regulations adopted under this chapter.
(d) For purposes of this section, "willfully" means the person
doing an act or omitting to do an act, intends the act or omission
and knows the relevant circumstances connected therewith.
1290. (a) Except as provided in subdivision (b) or (c), any person
who violates this chapter or Section 127050 or 128600, or who
willfully or repeatedly violates any rule or regulation adopted under
this chapter or Section 127050 or 128600 is guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine not to exceed
one thousand dollars ($1,000) or by imprisonment in the county jail
for a period not to exceed 180 days, or by both the fine and
imprisonment.
(b) Any person who violates Section 1286 is guilty of an
infraction and shall be punished by a fine of not more than one
hundred dollars ($100).
(c) Any person who willfully or repeatedly violates this chapter
or Chapter 2.4 (commencing with Section 1417), excluding Sections
1425 and 1432, or any rule or regulation adopted under this chapter,
relating to the operation or maintenance of a long-term health care
facility as defined in Section 1418, is guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not to exceed two
thousand five hundred dollars ($2,500) or by imprisonment in the
county jail for a period not to exceed 180 days, or by both.
In determining the punishment to be imposed upon a conviction
under this subdivision, the court shall consider all relevant facts,
including, but not limited to, the following:
(1) Whether the violation exposed the patient to the risk of death
or serious physical harm.
(2) Whether the violation had a direct or immediate relationship
to the health, safety, or security of the patient.
(3) Evidence, if any, of willfulness.
(4) The number of repeated violations.
(5) The presence or absence of good faith efforts by the defendant
to prevent the violation.
(d) For the purposes of this section, "willfully" or "willful"
means the person doing an act or omitting to do an act intends the
act or omission, and knows the relevant circumstances connected
therewith.
1291. The director may bring an action to enjoin the violation or
threatened violation of Section 1253 in the superior court in and for
the county in which the violation occurred or is about to occur. Any
proceeding under this section shall conform to the requirements of
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure, except that the director shall not be
required to allege facts necessary to show or tending to show lack of
adequate remedy at law or irreparable damage or loss. Upon a finding
by the director that the violations threaten the health or safety of
patients in, or served by, a health facility, the health officer of
any county or city health department which has been delegated
inspection authority as defined in Section 1257 may bring an action
to enjoin the violation, threatened violation, or continued violation
by any health facility which is located in an area which is under
his or her local health jurisdiction. Prior to bringing an action to
enjoin the violation, the department shall ensure, to the extent
feasible, that written notice of the proposed action is provided to
each patient or the party responsible for each patient, each patient'
s physician and appropriate agencies which may be able to assist in,
or facilitate, the placement of the patient in a licensed facility.
With respect to any and all actions brought pursuant to this
section alleging the actual violation of Section 1253, the court
shall, if it finds the allegations to be true, issue its order
enjoining the facility from continuance of the violation.
1292. Any action brought by the director against a health facility
shall not abate by reason of a sale or other transfer of ownership of
the health facility which is a party to the action except with
express written consent of the director.
1293. The district attorney of every county shall, upon application
by the state department or its authorized representative, institute
and conduct the prosecution of any action for violation within his
county of any provisions of this chapter.
1293.2. It is a misdemeanor for any person to do any of the
following:
(a) Willfully prevent, interfere with, or attempt to impede in any
way the work of any duly authorized representative of the state
department in the lawful enforcement of this chapter.
(b) Willfully prevent or attempt to prevent the representative
from examining any relevant books or records in the conduct of his or
her official duties under this chapter.
(c) Willfully prevent or interfere with the representative in the
preserving of evidence of any violation of this chapter or of the
rules and regulations adopted under this chapter.
(d) For purposes of this section, "willfully" means the person
doing an act or omitting to do an act, intends the act or omission
and knows the relevant circumstances connected therewith.
