BILL NUMBER: AB 2675 INTRODUCED
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 19, 2010
An act to amend Section 1268.6 of the Health and Safety Code,
relating to health facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2675, as introduced, Chesbro. Health facilities: licensee
Existing law establishes the State Department of Public Health and
which is responsible for the licensing and regulation of health
facilities, including intermediate care facilities/developmentally
disabled-habilitative and intermediate care
facilities/developmentally disabled-nursing. Violation of these
provisions is a crime. Existing law establishes the State Department
of Developmental Services and sets forth its powers and duties
relating to the administration of the state developmental centers and
entering into contracts with regional centers for the provision of
services to consumers in the community.
Existing law requires that, for initial licensure of an
intermediate care facility/developmentally disabled-habilitative or
an intermediate care facility/developmentally disabled-nursing, the
applicant, or a designee, attend an 8-hour orientation program
containing prescribed components approved by the State Department of
This bill would recast those provisions increasing the course
requirement to 16 total hours and requiring that 8 of those hours
outline the statutory and regulatory requirements related to business
management, would make technical changes, and would delete obsolete
provisions. By changing the definition of an existing crime, this
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
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1268.6 of the Health and Safety Code is amended
1268.6. (a) Commencing
1997, it shall be January 1, 2011, as a
requirement of initial licensure of an intermediate care
facility/developmentally disabled-habilitative or an intermediate
care facility/developmentally disabled-nursing that
, the applicant or designee of the applicant
shall attend an eight-hour a
sixteen-hour orientation program approved by the State
Department of Developmental Services.
(b) The eight-hour sixteen-hour
orientation program shall contain both of the following:
(1) Eight hours of the orientation
program shall outline the role, requirements, and regulations
of each of the following:
(A) The scope of responsibility for operation including
regulatory requirements and statutes governing the facility type.
(2) Cost reporting.
(B) Local planning.
(C) Regional center and other community support
(D) All federal and state agencies responsible for
licensing and certification, and data collection.
(E) Government and private agencies responsible for
ensuring the rights of the developmentally disabled.
(2) Eight hours of the orientation program shall outline the
statutory and regulatory requirements related to business management.
The program shall include, but need not be limited to, all of the
(A) Cost reporting.
(B) General accounting principles.
(C) The State Department of Health Care Services' audit process.
(D) The regional center vendorization process.
(c) The orientation shall be conducted by relevant
community services and provider organizations. Organizations
conducting the orientation class shall be responsible for keeping a
record of all attendees and shall provide the department with the
information within 15 working days or upon request. Instructors of
the orientation must shall have
knowledge or experience in the subject area to be taught, and shall
meet any of the following criteria:
(1) Possession of a four-year college degree relevant to the
course or courses to be taught.
(2) Be a health professional with a valid and current license to
practice in California.
(3) Have at least two years experience in California as an
administrator of a long-term health care facility that provides
services to persons with developmental disabilities within the last
(c) If the licensee can demonstrate to the satisfaction of the
department that the licensee or a representative of the licensee has
taken the orientation program within a two-year period prior to
opening a new facility, the licensee shall not be required to repeat
the program to open the facility. This subdivision shall become
inoperative on July 1, 2001.
(d) On or after July 1, 2001, if If
the licensee can demonstrate to the satisfaction of the department
that the licensee, or a representative of the licensee, has taken the
orientation program any year prior to opening a new facility, the
licensee shall not be required to repeat the program to open the
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