BILL ANALYSIS                                                                                                                                                                                                    






                                 SENATE HEALTH
                               COMMITTEE ANALYSIS
                        Senator Deborah V. Ortiz, Chair


          BILL NO:       AB 1235                                      
          A
          AUTHOR:        Emmerson and Walters                         
          B
          AMENDED:       May 23, 2005
          HEARING DATE:  June 22, 2005                                
          1
          FISCAL:        Appropriations                               
          2
                                                                      
          3
          CONSULTANT:                                                 
          5
          Machi / ak
                                        

                                     SUBJECT
                                         
                              In-service training

                                     SUMMARY  

          This bill would allow a certified nurse assistant (CNA)  
          applying for certification renewal to complete 24 of the  
          requisite 48 hours of training using an online computer  
          training program approved by the Licensing and  
          Certification Division of the Department of Health Services  
          (DHS). 

                                     ABSTRACT  

          Existing law:
          1.Defines CNA as any person who holds himself or herself  
            out as a CNA and who, for compensation, performs basic  
            patient care services directed at the safety, comfort,  
            personal hygiene, and protection of patients in a skilled  
            nursing or intermediate care facility.

          2.Requires CNA certificates to be renewed every two years.   
            Specifies certain requirements for certification and  
            renewal of certification.
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          3.Requires, as a condition of recertification, for CNAs to  
            submit documentation indicating completion of 48 hours of  
            in-service training every two years, obtained through an  
            approved training program or taught by a director of  
            staff development for a licensed skilled nursing or  
            intermediate care facility that has been approved by DHS.  
             Requires that a minimum of 12 of the 48 hours in-service  
            training be completed in each of the two years 

          This bill:
          1.Allows an applicant for certification renewal to complete  
            24 of the requisite 48 hours of training using an online  
            computer training program, approved by the Licensing and  
            Certification Division of DHS, which meets prescribed  
            requirements, including, but not limited to, that the  
            person certify completion of the course.

          2.Requires vendors of online programs for continuing  
            education meet certain criteria, as specified, that may  
            be approved by DHS.

                                  FISCAL IMPACT  

          According to the Assembly Appropriations Committee, there  
          would be minor costs to review and approve new courses,  
          likely less than $150,000 annually.

                            BACKGROUND AND DISCUSSION  

          Background
          Existing law sets forth the qualifications for becoming a  
          CNA for a skilled nursing facility (SNF) or intermediate  
          care facility (ICF).  Existing law requires a CNA to renew  
          the certification every 2 years.  Existing law requires a  
          person applying for certification renewal to have completed  
          48 hours of in-service training in the previous 2 years.   
          At least 12 of the 48 hours of in-service training must be  
          completed in each of the two years.  DHS is required to  
          prepare and maintain a list of approved training programs  
          for CNA assistant certification.  DHS is also required to  
          inspect a representative sample of training programs.  In   
          evaluating a training center's training program, DHS must  
          examine each training center's trainees' competency test  
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          passage rate, and each program must maintain an average 60  
          percent test score passage rate to maintain its  
          participation in the program.

          DHS indicates in-service training programs take place in a  
          nursing facility, and the facility must have a written plan  
          describing their in-service training program.  Applications  
          for approval of the training programs are reviewed and  
          approved by DHS.  In-service training consists of  
          participation in an organized learning experience, such as  
          a classroom setting.  DHS indicates that prior to the  
          approval and renewal of a program, DHS staff ensures that  
          systems are in place to authenticate a tester through  
          visual confirmation, signature and follow-up or  
          re-evaluation of performance.  DHS staff also monitor for  
          deficiencies related to in-service training programs via  
          complaints received from staff, patients, family members  
          and field surveyors.

          The Licensing and Certification Division of DHS licenses  
          and certifies 30 different types of health facilities, and  
          regulates nurse assistant training programs in California.   
          DHS evaluates training programs to determine if they meet  
          state and federal requirements and investigates complaints  
          about training program performance.  There are  
          approximately 1,400 skilled nursing facilities required to  
          provide in-service training to CNAs.  Of those, 331 provide  
          CNA training programs.
















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          Arguments in support
          This bill is sponsored by the California Association of  
          Homes and Services for the Aging to allow CNAs to take  
          advantage of online training programs for a portion of  
          their mandatory training every two years.  In recent years,  
          online training technology has expanded and has become  
          capable of providing new and updated education programs.   
          The sponsors argue that other regulators allow online  
          training, including the Medical Board, the Board of  
          Registered Nurses, and the Board of Behavioral Sciences.

                                  PRIOR ACTIONS

           Assembly Floor:       78 -   0Pass to Consent
          Assembly Appropriation:      18 -   0Do Pass as Amended to  
          Consent
          Assembly Health:      14 -   0Do Pass to Consent

                                    POSITIONS  
                                        
          Support:       California Association of Homes and Services  
          for
                             the Aging (sponsor)
                         Crestwood Behavioral Health, Inc.
                         Helios Healthcare, LLC

          Oppose:   None received






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