California Nursing Home Administrator License Practice Exam

Operating an unlicensed assisted living facility is classified as what level of felony?

1. Allowed with three or fewer non-related residents

2. A second-degree felony

3. Allowed if an aide license was previously surrendered

4. A third-degree felony

The correct answer is: A third-degree felony

Operating an unlicensed assisted living facility is classified as a third-degree felony. This classification is established to address the serious implications of providing care in a facility that does not meet the regulatory standards set forth by licensing bodies. The rationale behind this classification emphasizes the protection of vulnerable individuals, particularly the elderly and those with disabilities, who are often the residents of such facilities. These individuals rely on the safety, care, and services that licensed facilities are mandated to provide. By categorizing the operation of an unlicensed facility as a third-degree felony, the law underscores the importance of adherence to licensing requirements and safeguards against potential neglect or abuse that could arise in an unregulated environment. In comparison, the other choices present scenarios that either do not accurately reflect the legal ramifications or misinterpret the requirements surrounding assisted living facilities. The classifications and conditions mentioned in options related to allowances or previous license status do not align with the legal framework governing assisted living facilities in California.