BILL NUMBER: SB 1268 CHAPTERED
BILL TEXT
CHAPTER 397
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2008
APPROVED BY GOVERNOR SEPTEMBER 27, 2008
PASSED THE SENATE AUGUST 14, 2008
PASSED THE ASSEMBLY AUGUST 7, 2008
AMENDED IN ASSEMBLY AUGUST 4, 2008
AMENDED IN ASSEMBLY JUNE 18, 2008
AMENDED IN SENATE APRIL 22, 2008
AMENDED IN SENATE MARCH 24, 2008
INTRODUCED BY Senator Denham
(Coauthor: Assembly Member Galgiani)
FEBRUARY 19, 2008
An act to amend Sections 1416.22 and 1416.55 of, and to add
Section 1416.23 to, the Health and Safety Code, relating to nursing
home administrators.
LEGISLATIVE COUNSEL'S DIGEST
SB 1268, Denham. Nursing home administrators.
Existing law provides for the licensing of nursing home
administrators by the State Department of Public Health. To become a
nursing home administrator, an applicant must pass the nursing home
administrator licensing examination.
Existing law requires, in order to take the examination, that
minimum educational and experiential qualifications must be met.
This bill would permit the department, upon the request of an
applicant who is a member of a recognized church or religious
denomination that operates a faith-based skilled nursing facility and
historically prohibits the acquisition of the formal education that
would otherwise be required for the applicant to take the licensing
examination, to waive the licensing examination educational
requirements for that applicant if he or she has completed a
program-approved Administrator-in-Training Program (AIT Program). An
applicant receiving this waiver would only be allowed to oversee a
facility that is owned by the applicant's church or religious
denomination.
This bill would also permit an applicant who qualifies for the
above exemption to request an educational waiver for admission to the
AIT Program.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1416.22 of the Health and Safety Code is
amended to read:
1416.22. (a) To qualify for the licensing examination, an
applicant must be at least 18 years of age, be a citizen of the
United States or a legal resident, be of reputable and responsible
character, demonstrate an ability to comply with this chapter, and
comply with at least one of the following requirements:
(1) Have a master's degree in nursing home administration or a
related health administration field. The master's program in which
the degree was obtained must have included an internship or residency
of at least 480 hours in a skilled nursing facility or intermediate
care facility.
(2) (A) With regard to applicants who have a current valid license
as a nursing home administrator in another state and apply for
licensure in this state, meet the minimum education requirements that
existed in this state at the time the applicant was originally
licensed in the other state.
(B) The minimum education requirements that have existed in
California are as follows:
Prior to 7/1/73 None
From 7/1/73 to 6/30/74 30 semester units
From 7/1/74 to 6/30/75 45 semester units
From 7/1/75 to 6/30/80 60 semester units
From 7/1/80 to present Baccalaureate degree
(3) A doctorate degree in medicine, a current valid license as a
physician and surgeon, and the completion of a program-approved AIT
Program of at least 1,000 hours.
(4) A baccalaureate degree, and the completion of a
program-approved AIT Program of at least 1,000 hours.
(5) Ten years of recent full-time work experience, and a current
license, as a licensed registered nurse, and the completion of a
program-approved AIT Program of at least 1,000 hours. At least the
most recent five years of the 10 years of work experience shall be in
a supervisory or director of nursing position.
(6) Ten years of full-time work experience in any department of a
skilled nursing facility, an intermediate care facility, or an
intermediate care facility developmentally/disabled with at least 60
semester units (or 90 quarter units) of college or university
courses, and the completion of a program-approved AIT Program of at
least 1,000 hours. At least the most recent five years of the 10
years of work experience shall be in a position as a department
manager.
(7) Ten years of full-time hospital administration experience in
an acute care hospital with at least 60 semester units (or 90 quarter
units) of college or university courses, and the completion of a
program-approved AIT Program of at least 1,000 hours. At least the
most recent five years of the 10 years of work experience shall be in
a supervisory position.
(b) An applicant for the licensing examination may obtain from the
department a waiver of the education requirements in subdivision (a)
if they meet the requirements of Section 1416.23.
(c) If the applicant and the preceptor provide compelling evidence
that previous work experience of the applicant directly relates to
nursing home administrator duties, the program may accept a waiver
exception to a portion of the AIT Program that requires 1,000 hours.
An applicant seeking a waiver of the educational requirements
pursuant to Section 1416.23 shall not be eligible for a waiver under
this subdivision.
(d) The applicant shall submit an official transcript that
evidences the completion of required college and university courses,
degrees, or both. An applicant who applies for the licensing
examination on the basis of work experience shall submit a
declaration signed under penalty of perjury, verifying his or her
work experience. This declaration shall be signed by a licensed
nursing home administrator, physician and surgeon, chief of staff,
director of nurses, or registered nurse who can attest to the
applicant's work experience.
SEC. 2. Section 1416.23 is added to the Health and Safety Code, to
read:
1416.23. (a) Upon request of an applicant who is a member of a
church or religious denomination, recognized by the Internal Revenue
Service under Section 501(c)(3) of the Internal Revenue Code, that
owns and operates a faith-based skilled nursing facility in
California, and whose teachings historically prohibit the acquisition
of the formal education that would otherwise be required to qualify
for the AIT Program and the licensing examination, that applicant may
seek an educational waiver. That applicant shall be required to
possess at least an accredited high school diploma or proof of
successfully passing a General Educational Development (GED) test of
the American Council on Education or the California High School
Proficiency Examination, as well as 10 years of full-time work
experience in business, health, or rehabilitation fields, with at
least five of the 10 years of work experience in business, health, or
rehabilitation management or administration.
(b) The department may review the applicant's church's or
religious denomination's Internal Revenue Code 501(c)(3) application,
including attachments, the Internal Revenue Service's Letter of
Determination of tax-exempt status to the church or religious
denomination, and the church's or religious denomination's bylaws,
constitution, or member orientation information to confirm an
applicant's eligibility for the educational waiver. The applicant's
church or religious denomination shall provide the foregoing
information to the department for its review and processing of the
educational waiver application. The department shall accept notarized
copies of these documents.
(c) If the educational requirements are waived, the applicant
successfully completes the program-approved 1,000 hour AIT Program,
and is successful in passing the national and state licensing
examinations, the applicant may only serve as a nursing home
administrator in a facility that is owned and operated by the
applicant's church or religious denomination.
SEC. 3. Section 1416.55 of the Health and Safety Code is amended
to read:
1416.55. (a) An Administrator-in-Training Program (AIT Program)
shall be developed by the NHAP, in consultation with representatives
from the long-term care industry and advocacy groups. The AIT Program
shall include, but not be limited to, all of the following areas of
instruction:
(1) Orientation.
(2) Administration and business office.
(3) State and federal regulations governing long-term care
facilities.
(4) Residents' rights and abuse prevention.
(5) Staffing requirements and workforce retention.
(6) Nursing services.
(7) Resident activities.
(8) Resident care.
(9) Social services.
(10) Dietary management.
(11) Environmental care, including housekeeping, laundry, and
maintenance.
(12) Financial management.
(13) General management.
(14) Government regulations.
(15) Legal management.
(16) Personnel management and training.
(17) Consultants and contracts.
(18) Medical records.
(19) Public relations and marketing.
(b) A person who seeks to satisfy requirements for admission to
licensure examinations through participation in an AIT Program shall
first receive approval to begin the AIT Program. An applicant shall
successfully complete the AIT Program in a program-approved facility
under the coordination, supervision, and teaching of a preceptor who
has obtained certification from the program and continues to meet the
qualifications set forth in the rules and regulations of the
program.
(c) In order to be eligible for the AIT Program, an applicant
shall submit an application package on forms provided by the NHAP,
and pay the applicable fees established by this chapter. The
applicant shall be at least 18 years of age.
(d) In addition to the requirements in subdivision (c), the
applicant shall meet one or a combination of the following
requirements to be eligible for the AIT Program:
(1) A doctorate degree in medicine and a current valid license as
a physician and surgeon.
(2) A baccalaureate degree.
(3) Ten years of full-time work experience and a current valid
license as a registered nurse. At least the most recent five years of
the 10 years of work experience shall be in a supervisory or
director of nursing position.
(4) Ten years of full-time work experience in any department of a
skilled nursing facility, an intermediate care facility, or an
intermediate care facility/developmentally disabled with at least 60
semester units (or 90 quarter units) of college or university
courses. At least the most recent five years of the 10 years of work
experience shall be in a position as a department manager.
(5) Ten years of full-time hospital administration experience in
an acute care hospital with at least 60 semester units (or 90 quarter
units) of college or university courses. At least the most recent
five years of the 10 years of work experience shall be in a
supervisory position.
(e) An applicant for the AIT Program may obtain from the
department a waiver of the education requirements in subdivision (d)
if he or she meets the requirements of Section 1416.23.
(f) The applicant shall submit an official transcript that
evidences the completion of required college or university courses,
degrees, or both. An applicant who is a member of a recognized church
or religious denomination whose teachings historically prohibit the
acquisition of the formal education that would otherwise be required
to qualify the applicant for the AIT Program may request a written
waiver of the education requirements from the department.
(g) An applicant who qualifies for the AIT Program on the basis of
work experience shall submit a declaration signed under penalty of
perjury verifying his or her work experience. This declaration shall
be signed by a licensed nursing home administrator, physician and
surgeon, chief of staff, director of nurses, or registered nurse who
can attest to the applicant's work experience.