BILL NUMBER: AB 2675	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2010

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 19, 2010

   An act to amend  , repeal, and add  Section 1268.6 of the
Health and Safety Code, relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2675, as amended, Chesbro. Health facilities: licensee
orientation.
   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
Developmental Services.
   This bill would  recast those provisions increasing
  on and after October 1, 2011, increase  the
course requirement to 16 total hours and  requiring 
 require  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
reimbursement.
   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 to read: 
   1268.6.   Commencing July 1, 1997, it shall be 
 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 orientation program
approved by the State Department of Developmental Services.
   (a) The eight-hour orientation program shall outline the role,
requirements, and regulations of each of the following:
   (1) The scope of responsibility for operation including regulatory
requirements and statutes governing the facility type.
   (2) Cost reporting.
   (3) Local planning.
   (4) Regional center and other community support services.
   (5) All federal and state agencies responsible for licensing and
certification, and data collection.
   (6) Government and private agencies responsible for ensuring the
rights of the developmentally disabled.
   (b) 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
eight years.
   (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 facility. 
   (d) This section shall become inoperative on October 1, 2011, and,
as of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
 
  SECTION 1.    Section 1268.6 of the Health and
Safety Code is amended to read:
   1268.6.  
  SEC. 2.    Section 1268.6 is added to the Health and
Safety Code, to read: 
    1268.6.  (a) Commencing  January  
October  1, 2011, as a requirement of initial licensure of an
intermediate care facility/developmentally disabled-habilitative or
an intermediate care facility/developmentally disabled-nursing, the
applicant or designee of the applicant shall attend a sixteen-hour
orientation program approved by the State Department of Developmental
Services.
   (b) The 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.
   (B) Local planning.
   (C) Regional center and other community support services.
   (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
following:
   (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 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
eight years.
   (d) 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 facility. 
   (e) This section shall become operative on October 1, 2011. 
  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.