BILL NUMBER: AB 2609 CHAPTERED
BILL TEXT
CHAPTER 615
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006
APPROVED BY GOVERNOR SEPTEMBER 29, 2006
PASSED THE ASSEMBLY AUGUST 31, 2006
PASSED THE SENATE AUGUST 30, 2006
AMENDED IN SENATE AUGUST 22, 2006
AMENDED IN SENATE AUGUST 9, 2006
AMENDED IN SENATE JUNE 19, 2006
AMENDED IN ASSEMBLY APRIL 6, 2006
AMENDED IN ASSEMBLY MARCH 27, 2006
INTRODUCED BY Assembly Member Evans
(Coauthors: Assembly Members Berg, Shirley Horton, Koretz, Laird,
Lieber, and Pavley)
(Coauthors: Senators Alquist, Kuehl, Romero, and Torlakson)
FEBRUARY 24, 2006
An act to add Section 1569.69 to the Health and Safety Code,
relating to residential facilities for the elderly.
LEGISLATIVE COUNSEL'S DIGEST
AB 2609, Evans Residential facilities for the elderly: employee
training.
Existing law, the California Residential Care Facilities for the
Elderly Act, provides for the licensure and regulation of residential
care facilities for the elderly by the State Department of Social
Services. Under existing law, a violation of any of these provisions
is punishable as a misdemeanor.
This bill would require, beginning January 1, 2008, that a
licensed residential care facility for the elderly ensure that each
employee of the facility who assists residents with the
self-administration of medications meet specified employee training
requirements set forth in the bill. The bill would require these
employees to pass an examination subsequent to completion of the
training. The bill would require that each residential care facility
that provides employee training pursuant to these provisions maintain
certain records and documentation related to that training. It would
also provide that a facility, licensed to provide care for 16 or
more persons, maintain documentation that demonstrates that a
consultant pharmacist or nurse has reviewed the facility's medication
management program and procedures at least twice a year. By creating
a new crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1569.69 is added to the Health and Safety Code,
to read:
1569.69. (a) Each residential care facility for the elderly
licensed under this chapter shall ensure that each employee of the
facility who assists residents with the self-administration of
medications meets the following training requirements:
(1) In facilities licensed to provide care for 16 or more persons,
the employee shall complete 16 hours of initial training. This
training shall consist of eight hours of hands-on shadowing training,
which shall be completed prior to assisting with the
self-administration of medications, and eight hours of other training
or instruction, as described in subdivision (f), which shall be
completed within the first two weeks of employment.
(2) In facilities licensed to provide care for 15 or fewer
persons, the employee shall complete six hours of initial training.
This training shall consist of two hours of hands-on shadowing
training, which shall be completed prior to assisting with the
self-administration of medications, and four hours of other training
or instruction, as described in subdivision (f), which shall be
completed within the first two weeks of employment.
(3) An employee shall be required to complete the training
requirements for hands-on shadowing training described in this
subdivision prior to assisting any resident in the
self-administration of medications. The training and instruction
described in this subdivision shall be completed, in their entirety,
within the first two weeks of employment.
(4) The training shall cover all of the following areas:
(A) The role, responsibilities, and limitations of staff who
assist residents with the self-administration of medication,
including tasks limited to licensed medical professionals.
(B) An explanation of the terminology specific to medication
assistance.
(C) An explanation of the different types of medication orders:
prescription, over-the-counter, controlled, and other medications.
(D) An explanation of the basic rules and precautions of
medication assistance.
(E) Information on medication forms and routes for medication
taken by residents.
(F) A description of procedures for providing assistance with the
self-administration of medications in and out of the facility, and
information on the medication documentation system used in the
facility.
(G) An explanation of guidelines for the proper storage, security,
and documentation of centrally stored medications.
(H) A description of the processes used for medication ordering,
refills and the receipt of medications from the pharmacy.
(I) An explanation of medication side effects, adverse reactions,
and errors.
(5) To complete the training requirements set forth in this
subdivision, each employee shall pass an examination that tests the
employee's comprehension of, and competency in, the subjects listed
in paragraph (3).
(6) Residential care facilities for the elderly shall encourage
pharmacists and licensed medical professionals to use plain English
when preparing labels on medications supplied to residents. As used
in this section, "plain English" means that no abbreviations,
symbols, or Latin medical terms shall be used in the instructions for
the self-administration of medication.
(7) The training requirements of this section are not intended to
replace or supplant those required of all staff members who assist
residents with personal activities of daily living as set forth in
Section 1569.625.
(8) The training requirements of this section shall be repeated if
either of the following occur:
(A) An employee returns to work for the same licensee after a
break of service of more than 180 consecutive calendar days.
(B) An employee goes to work for another licensee in a facility in
which he or she assists residents with the self-administration of
medication.
(b) Each employee who received training and passed the exam
required in paragraph (5) of subdivision (a), and who continues to
assist with the self-administration of medicines, shall also complete
four hours of in-service training on medication-related issues in
each succeeding 12-month period.
(c) The requirements set forth in subdivisions (a) and (b) do not
apply to persons who are licensed medical professionals.
(d) Each residential care facility for the elderly that provides
employee training under this section shall use the training material
and the accompanying examination that are developed by, or in
consultation with, a licensed nurse, pharmacist, or physician. The
licensed residential care facility for the elderly shall maintain the
following documentation for each medical consultant used to develop
the training:
(1) The name, address, and telephone number of the consultant.
(2) The date when consultation was provided.
(3) The consultant's organization affiliation, if any, and any
educational and professional qualifications specific to medication
management.
(4) The training topics for which consultation was provided.
(e) Each person who provides employee training under this section
shall meet the following education and experience requirements:
(1) A minimum of five hours of initial, or certified continuing,
education or three semester units, or the equivalent, from an
accredited educational institution, on topics relevant to medication
management.
(2) The person shall meet any of the following practical
experience or licensure requirements:
(A) Two years full-time experience, within the last four years, as
a consultant with expertise in medication management in areas
covered by the training described is subdivision (a).
(B) Two years full-time experience, or the equivalent, within the
last four years, as an administrator for a residential care facility
for the elderly, during which time the individual has acted in
substantial compliance with applicable regulations.
(C) Two years full-time experience, or the equivalent, within the
last four years, as a direct care provider assisting with the
self-administration of medications for a residential care facility
for the elderly, during which time the individual has acted in
substantial compliance with applicable regulations.
(D) Possession of a license as a medical professional.
(3) The licensed residential care facility for the elderly shall
maintain the following documentation on each person who provides
employee training under this section:
(A) The person's name, address, and telephone number.
(B) Information on the topics or subject matter covered in the
training.
(C) The time, dates, and hours of training provided.
(f) Other training or instruction, as required in paragraphs (1)
and (2) of subdivision (a), may be provided off site, and may use
various methods of instruction, including, but not limited to, all of
the following:
(1) Lectures by presenters who are knowledgeable about medication
management.
(2) Video instruction tapes, interactive material, online
training, and books.
(3) Other written or visual materials approved by organizations or
individuals with expertise in medication management.
(g) Residential care facilities for the elderly licensed to
provide care for 16 or more persons shall maintain documentation that
demonstrates that a consultant pharmacist or nurse has reviewed the
facility's medication management program and procedures at least
twice a year.
(h) Nothing in this section authorizes unlicensed personnel to
directly administer medications.
(i) This section shall become operative on January 1, 2008.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.