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feeding could not be performed by an unlicensed home care companion because "substantial scientificknowledge and technical skill are necessary to their proper performance." What developments, if any, haveoccurred since 1988 that would cause a different conclusion with respect to unlicensed community carefacility staff members?In 1996 the Legislature amended section 1507 to provide:"(a) A community care facility may provide incidental medical services. If themedical services constitute a substantial component of the services provided by the communitycare facility as defined by the director in regulations, the medical services component shall beapproved as set forth in Chapter 1 (commencing with Section 1200) or Chapter 2 (commencingwith Section 1250)."(b) The department shall adopt emergency regulations for community care facilitiesfor adults by February 1, 1997, to do all of the following:"(1) Specify incidental medical services that may be provided. These incidentalmedical services shall include, but need not be limited to, any of the following: gastrostomy,colostomy, ileostomy, and urinary catheters."(2) Specify the conditions under which incidental medical services may be provided."(3) Specify the medical services that, due to the level of care required, are prohibitedservices. . . ."
Footnote No. 3
Under the terms of section 1507, a community care facility is expressly authorized to provide incidentalmedical services including those furnished with respect to a gastrostomy, colostomy, ileostomy, and the useof urinary catheters. The issue to be resolved is whether such services must be performed by licensed healthcare professionals on behalf of the facility or whether trained but unlicensed staff members of the facilitymay perform the services.In construing the language of section 1507, we are guided by well-established principles of statutory construction. The primary "objective of statutory interpretation is to ascertain and effectuatelegislative intent." (
(1992) 2 Cal.4th 556, 562.) "Every word, phrase, and sentence in astatute should, if possible, be given significance. [Citation.]" (
State Personnel Bd.
(1994) 28Cal.App.4th 265, 276-277.) "The words of the statute must be construed in context, keeping in mind thestatutory purpose, and statutes or statutory sections relating to the same subject must be harmonized, bothinternally and with each other, to the extent possible. [Citations.]" (
Fair Employment and Housing Com.
(1987) 43 Cal.3d 1379, 1387.) "`Statements in legislative committee reports concerning thestatutory purposes which are in accordance with a reasonable interpretation of the statute will be followed bythe courts.'" (
(1993) 16 Cal.App.4th 327, 334.) "If possible, the words should beinterpreted to make them workable and reasonable [citations], practical [citation], in accord with commonsense and justice, and to avoid an absurd result [citations]." (
Halbert's Lumber, Inc.
Lucky Stores, Inc.
(1992) 6 Cal.App.4th 1233, 1239-1240.)With these principles of statutory construction in mind, we find that in 1989 the Legislatureenacted a statutory scheme (Stats. 1989, ch. 1437, § 1), authorizing incidental medical services with respectto a gastrostomy, colostomy, ileostomy, the use of urinary catheters, and other medical or surgical proceduresfor certain children with special health care needs to be performed by the following persons:"(1) A parent trained by health care professionals where the child is being placed in,or is currently in, a specialized foster care home.