Beach

Western Medical Enterprises appeals from a judgment enforcing civil penalties assessed by respondent Director of the State Department of Health under terms of the Long-Term Care, Health, Safety, and Security Act of 1973. (Health & Saf. Code, § 1417 et seq.)

Appellant operates Driftwood Convalescent Hospital, which houses an average of 96 patients needing skilled nursing care. Some patients are ambulatory, some are confined to wheelchairs, and some are semi-comatose.

Class “A” Citation

The State Department of Health is required to inspect twice each year every facility covered by the act. (Health & Saf. Code, § 1422.) In July 1977, Clyde Stovall, respondent’s representative, inspected appellant’s hospital. He saw that hallway call lights for four patient rooms were not functioning. Stovall considered this to be a violation of title 22, California Administrative Code, section 72629, subdivision (a), and concluded that the violation justified the issuance of an “A” citation (Health & Saf. Code, § 1424). The call lights in question are part of a communication system between patient rooms and hospital personnel. When a patient pushes a button next to his bed, a signal in…