Amended in Assembly April 29, 2013

Amended in Assembly April 22, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 663

Introduced by Assembly Member Gomez

February 21, 2013

An act to amend Sections 1562.3 and 1569.616 of the Health and Safety Code, and to amend Section 9719 of the Welfare and Institutions Code, relating to begin delete residential end delete care facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 663, as amended, Gomez. begin delete Residential care facilities: administrators: end delete begin insert Care facilities: end insert training requirements.

Existing law requires the administrator of an adult residential care facility or an administrator of a residential care facility for the elderly to undergo training, including specified subjects, including, but not limited to, business operations and the psychosocial needs of the facility residents. Existing law also requires the Office of the State Long-Term Care Ombudsman to sponsor training of ombudsman, to be completed prior to certification as an ombudsman.

This bill would require the administrator begin insert and ombudsman end insert training to include training in cultural competency and sensitivity in begin insert issues relating to the underserved end insert aging lesbian, gay, bisexual, and transgender begin delete minority issues and would also require ombudsman training to include those issues end delete begin insert community end insert .

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1562.3 of the Health and Safety Code is
amended to read:

1562.3.  

(a) The Director of Social Services, in consultation
with the Director of Health Care Services and the Director of
Developmental Services, shall establish a training program to
ensure that licensees, operators, and staffs of adult residential care
facilities, as defined in paragraph (1) of subdivision (a) of Section
1502, have appropriate training to provide the care and services
for which a license or certificate is issued. The training program
shall be developed in consultation with provider organizations.

(b) (1) An administrator of an adult residential care facility, as
defined in paragraph (1) of subdivision (a) of Section 1502, shall
successfully complete a department-approved certification program
pursuant to subdivision (c) prior to employment.

(2) In those cases where the individual is both the licensee and
the administrator of a facility, the individual shall comply with
both the licensee and administrator requirements of this section.

(3) Failure to comply with this section shall constitute cause for
revocation of the license of the facility.

(4) The licensee shall notify the department within 30 days of
any change in administrators.

(c) (1) The administrator certification program shall require a
minimum of 35 hours of classroom instruction that provides
training on a uniform core of knowledge in each of the following
areas:

(A) Laws, regulations, and policies and procedural standards
that impact the operations of the type of facility for which the
applicant will be an administrator.

(B) Business operations.

(C) Management and supervision of staff.

(D) Psychosocial needs of the facility residents.

(E) Community and support services.

(F) Physical needs for facility residents.

(G) Use, misuse, and interaction of medication commonly used
by facility residents.

(H) Resident admission, retention, and assessment procedures.

(I) Nonviolent crisis intervention for administrators.

(J) Cultural competency begin delete or end delete begin insert and end insert sensitivity in begin insert issues relating to
the underserved end insert aging lesbian, gay, bisexual, and transgender
begin delete minority issues end delete begin insert community end insert .

(2) The requirement for 35 hours of classroom instruction
pursuant to this subdivision shall not apply to persons who were
employed as administrators prior to July 1, 1996. A person holding
the position of administrator of an adult residential facility on June
30, 1996, shall file a completed application for certification with
the department on or before April 1, 1998. In order to be exempt
from the 35-hour training program and the test component, the
application shall include documentation showing proof of
continuous employment as the administrator of an adult residential
facility between, at a minimum, June 30, 1994, and June 30, 1996.
An administrator of an adult residential facility who became
certified as a result of passing the department-administered
challenge test, that was offered between October 1, 1996, and
December 23, 1996, shall be deemed to have fulfilled the
requirements of this paragraph.

(3) Unless an extension is granted to the applicant by the
department, an applicant for an administrator’s certificate shall,
within 60 days of the applicant’s completion of classroom
instruction, pass the written test provided in this section.

(d) The department shall not begin the process of issuing a
certificate until receipt of all of the following:

(1) A certificate of completion of the administrator training
required pursuant to this chapter.

(2) The fee required for issuance of the certificate. A fee of one
hundred dollars ($100) shall be charged by the department to cover
the costs of processing the application for certification.

(3) Documentation from the applicant that he or she has passed
the written test.

(4) Submission of fingerprints. The department and the
Department of Justice shall expedite the criminal record clearance
for holders of certificates of completion. The department may
waive the submission for those persons who have a current
clearance on file.

(e) It shall be unlawful for any person not certified under this
section to hold himself or herself out as a certified administrator
of an adult residential facility. A person willfully making any false
representation as being a certified administrator is guilty of a
misdemeanor.

(f) (1) Certificates issued under this section shall be renewed
every two years and renewal shall be conditional upon the
certificate holder submitting documentation of completion of 40
hours of continuing education related to the core of knowledge
specified in subdivision (c). No more than one-half of the required
40 hours of continuing education necessary to renew the certificate
may be satisfied through online courses. All other continuing
education hours shall be completed in a classroom setting. For
purposes of this section, an individual who is an adult residential
facility administrator and who is required to complete the
continuing education hours required by the regulations of the State
Department of Developmental Services, and approved by the
regional center, shall be permitted to have up to 24 of the required
continuing education course hours credited toward the 40-hour
continuing education requirement of this section. Community
college course hours approved by the regional centers shall be
accepted by the department for certification.

(2) Every licensee and administrator of an adult residential
facility is required to complete the continuing education
requirements of this subdivision.

(3) Certificates issued under this section shall expire every two
years, on the anniversary date of the initial issuance of the
certificate, except that any administrator receiving his or her initial
certification on or after January 1, 1999, shall make an irrevocable
election to have his or her recertification date for any subsequent
recertification either on the date two years from the date of issuance
of the certificate or on the individual’s birthday during the second
calendar year following certification. The department shall send
a renewal notice to the certificate holder 90 days prior to the
expiration date of the certificate. If the certificate is not renewed
prior to its expiration date, reinstatement shall only be permitted
after the certificate holder has paid a delinquency fee equal to three
times the renewal fee and has provided evidence of completion of
the continuing education required.

(4) To renew a certificate, the certificate holder shall, on or
before the certificate expiration date, request renewal by submitting
to the department documentation of completion of the required
continuing education courses and pay the renewal fee of one
hundred dollars ($100), irrespective of receipt of the department’s
notification of the renewal. A renewal request postmarked on or
before the expiration of the certificate is proof of compliance with
this paragraph.

(5) A suspended or revoked certificate is subject to expiration
as provided for in this section. If reinstatement of the certificate
is approved by the department, the certificate holder, as a condition
precedent to reinstatement, shall submit proof of compliance with
paragraphs (1) and (2) of subdivision (f) and shall pay a fee in an
amount equal to the renewal fee, plus the delinquency fee, if any,
accrued at the time of its revocation or suspension. Delinquency
fees, if any, accrued subsequent to the time of its revocation or
suspension and prior to an order for reinstatement, shall be waived
for one year to allow the individual sufficient time to complete the
required continuing education units and to submit the required
documentation. Individuals whose certificates will expire within
90 days after the order for reinstatement may be granted a
three-month extension to renew their certificates during which
time the delinquency fees shall not accrue.

(6) A certificate that is not renewed within four years after its
expiration shall not be renewed, restored, reissued, or reinstated
except upon completion of a certification training program, passing
any test that may be required of an applicant for a new certificate
at that time, and paying the appropriate fees provided for in this
section.

(7) A fee of twenty-five dollars ($25) shall be charged for the
reissuance of a lost certificate.

(8) A certificate holder shall inform the department of his or
her employment status within 30 days of any change.

(g) The certificate shall be considered forfeited under the
following conditions:

(1) The administrator has had a license revoked, suspended, or
denied as authorized under Section 1550.

(2) The administrator has been denied employment, residence,
or presence in a facility based on action resulting from an
administrative hearing pursuant to Section 1522 or Section 1558.

(h) (1) The department, in consultation with the State
Department of Health Care Services and the State Department of
Developmental Services, shall establish, by regulation, the program
content, the testing instrument, the process for approving
certification training programs, and criteria to be used in
authorizing individuals, organizations, or educational institutions
to conduct certification training programs and continuing education
courses. These regulations shall be developed in consultation with
provider organizations, and shall be made available at least six
months prior to the deadline required for certification. The
department may deny vendor approval to any agency or person in
any of the following circumstances:

(A) The applicant has not provided the department with evidence
satisfactory to the department of the ability of the applicant to
satisfy the requirements of vendorization set out in the regulations
adopted by the department pursuant to subdivision (i).

(B) The applicant person or agency has a conflict of interest in
that the person or agency places its clients in adult residential
facilities.

(C) The applicant public or private agency has a conflict of
interest in that the agency is mandated to place clients in adult
residential facilities and to pay directly for the services. The
department may deny vendorization to this type of agency only as
long as there are other vendor programs available to conduct the
certification training programs and conduct education courses.

(2) The department may authorize vendors to conduct the
administrator’s certification training program pursuant to provisions
set forth in this section. The department shall conduct the written
test pursuant to regulations adopted by the department.

(3) The department shall prepare and maintain an updated list
of approved training vendors.

(4) The department may inspect certification training programs
and continuing education courses, including online courses, at no
charge to the department, to determine if content and teaching
methods comply with regulations. If the department determines
that any vendor is not complying with the intent of this section,
the department shall take appropriate action to bring the program
into compliance, which may include removing the vendor from
the approved list.

(5) The department shall establish reasonable procedures and
timeframes not to exceed 30 days for the approval of vendor
training programs.

(6) The department may charge a reasonable fee, not to exceed
one hundred fifty dollars ($150) every two years to certification
program vendors for review and approval of the initial 35-hour
training program pursuant to subdivision (c). The department may
also charge the vendor a fee not to exceed one hundred dollars
($100) every two years for the review and approval of the
continuing education courses needed for recertification pursuant
to this subdivision.

(7) (A) A vendor of online programs for continuing education
shall ensure that each online course contains all of the following:

(i) An interactive portion in which the participant receives
feedback, through online communication, based on input from the
participant.

(ii) Required use of a personal identification number or personal
identification information to confirm the identity of the participant.

(iii) A final screen displaying a printable statement, to be signed
by the participant, certifying that the identified participant
completed the course. The vendor shall obtain a copy of the final
screen statement with the original signature of the participant prior
to the issuance of a certificate of completion. The signed statement
of completion shall be maintained by the vendor for a period of
three years and be available to the department upon demand. Any
person who certifies as true any material matter pursuant to this
clause that he or she knows to be false is guilty of a misdemeanor.

(B) Nothing in this subdivision shall prohibit the department
from approving online programs for continuing education that do
not meet the requirements of subparagraph (A) if the vendor
demonstrates to the department’s satisfaction that, through
advanced technology, the course and the course delivery meet the
requirements of this section.

(i) The department shall establish a registry for holders of
certificates that shall include, at a minimum, information on
employment status and criminal record clearance.

SEC. 2.  

Section 1569.616 of the Health and Safety Code is
amended to read:

1569.616.  

(a) (1) An administrator of a residential care facility
for the elderly shall be required to successfully complete a
department-approved certification program prior to employment.

(2) In those cases where the individual is both the licensee and
the administrator of a facility, or a licensed nursing home
administrator, the individual shall comply with the requirements
of this section unless he or she qualifies for one of the exemptions
provided for in subdivision (b).

(3) Failure to comply with this section shall constitute cause for
revocation of the license of the facility where an individual is
functioning as the administrator.

(4) The licensee shall notify the department within 30 days of
any change in administrators.

(b) Individuals seeking exemptions under paragraph (2) of
subdivision (a) shall meet the following criteria and fulfill the
required portions of the certification program, as the case may be:

(1) An individual designated as the administrator of a residential
care facility for the elderly who holds a valid license as a nursing
home administrator issued in accordance with Chapter 2.35
(commencing with Section 1416) of Division 2 shall be required
to complete the areas in the uniform core of knowledge required
by this section that pertain to the law, regulations, policies, and
procedural standards that impact the operations of residential care
facilities for the elderly, the use, misuse, and interaction of
medication commonly used by the elderly in a residential setting,
and resident admission, retention, and assessment procedures,
equal to 12 hours of classroom instruction. An individual meeting
the requirements of this paragraph shall not be required to take a
written test.

(2) In those cases where the individual was both the licensee
and administrator on or before July 1, 1991, the individual shall
be required to complete all the areas specified for the certification
program, but shall not be required to take the written test required
by this section. Those individuals exempted from the written test
shall be issued a conditional certification that is valid only for the
administrator of the facility for which the exemption was granted.

(A) As a condition to becoming an administrator of another
facility, the individual shall be required to pass the written test
provided for in this section.

(B) As a condition to applying for a new facility license, the
individual shall be required to pass the written test provided for
in Section 1569.23.

(c) (1) The administrator certification program shall require a
minimum of 40 hours of classroom instruction that provides
training on a uniform core of knowledge in each of the following
areas:

(A) Laws, regulations, and policies and procedural standards
that impact the operations of residential care facilities for the
elderly.

(B) Business operations.

(C) Management and supervision of staff.

(D) Psychosocial needs of the elderly.

(E) Community and support services.

(F) Physical needs for elderly persons.

(G) Use, misuse, and interaction of medication commonly used
by the elderly.

(H) Resident admission, retention, and assessment procedures.

(I) Training focused specifically on serving clients with
dementia. This training shall be for at least four hours.

(J) Cultural competency begin insert and sensitivity end insert in begin insert issues relating to the
underserved end insert aging lesbian, gay, bisexual, and transgender begin delete minority
issues end delete begin insert community end insert .

(2) Individuals applying for certification under this section shall
successfully complete an approved certification program, pass a
written test administered by the department within 60 days of
completing the program, and submit the documentation required
by subdivision (d) to the department within 30 days of being
notified of having passed the test. The department may extend
these time deadlines for good cause. The department shall notify
the applicant of his or her test results within 30 days of
administering the test.

(d) The department shall not begin the process of issuing a
certificate until receipt of all of the following:

(1) A certificate of completion of the administrator training
required pursuant to this chapter.

(2) The fee required for issuance of the certificate. A fee of one
hundred dollars ($100) shall be charged by the department to cover
the costs of processing the application for certification.

(3) Documentation of passing the written test or of qualifying
for an exemption pursuant to subdivision (b).

(4) Submission of fingerprints. The department and the
Department of Justice shall expedite the criminal record clearance
for holders of certificates of completion. The department may
waive the submission for those persons who have a current criminal
record clearance on file.

(e) It shall be unlawful for a person not certified under this
section to hold himself or herself out as a certified administrator
of a residential care facility for the elderly. Any person willfully
making a false representation as being a certified administrator is
guilty of a misdemeanor.

(f) (1) Certificates issued under this section shall be renewed
every two years and renewal shall be conditional upon the
certificate holder submitting documentation of completion of 40
hours of continuing education related to the core of knowledge
specified in paragraph (1) of subdivision (c). No more than one-half
of the required 40 hours of continuing education necessary to renew
the certificate may be satisfied through online courses. All other
continuing education hours shall be completed in a classroom
setting. For purposes of this section, individuals who hold a valid
license as a nursing home administrator issued in accordance with
Chapter 2.35 (commencing with Section 1416) of Division 2 of
the Health and Safety Code and meet the requirements of paragraph
(1) of subdivision (b) shall only be required to complete 20 hours
of continuing education.

(2) Every certified administrator of a residential care facility
for the elderly is required to renew his or her certificate and shall
complete the continuing education requirements of this subdivision
whether he or she is certified according to subdivision (a) or (b).
At least eight hours of the 40-hour continuing education
requirement for a certified administrator of a residential care facility
for the elderly shall include instruction on serving clients with
dementia, including, but not limited to, instruction related to direct
care, physical environment, and admissions procedures and
assessment.

(3) Certificates issued under this section shall expire every two
years, on the anniversary date of the initial issuance of the
certificate, except that any administrator receiving his or her initial
certification on or after January 1, 1999, shall make an irrevocable
election to have his or her recertification date for any subsequent
recertification either on the date two years from the date of issuance
of the certificate or on the individual’s birthday during the second
calendar year following certification. The department shall send
a renewal notice to the certificate holder 90 days prior to the
expiration date of the certificate. If the certificate is not renewed
prior to its expiration date, reinstatement shall only be permitted
after the certificate holder has paid a delinquency fee equal to three
times the renewal fee and has provided evidence of completion of
the continuing education required.

(4) To renew a certificate, the certificate holder shall, on or
before the certificate expiration date, request renewal by submitting
to the department documentation of completion of the required
continuing education courses and pay the renewal fee of one
hundred dollars ($100), irrespective of receipt of the department’s
notification of the renewal. A renewal request postmarked on or
before the expiration of the certificate is proof of compliance with
this paragraph.

(5) A suspended or revoked certificate is subject to expiration
as provided for in this section. If reinstatement of the certificate
is approved by the department, the certificate holder, as a condition
precedent to reinstatement, shall pay a fee in an amount equal to
the renewal fee, plus the delinquency fee, if any, accrued at the
time of its revocation or suspension.

(6) A certificate that is not renewed within four years after its
expiration shall not be renewed, restored, reissued, or reinstated
except upon completion of a certification program, passing any
test that may be required of an applicant for a new certificate at
that time, and paying the appropriate fees provided for in this
section.

(7) A fee of twenty-five dollars ($25) shall be charged for the
reissuance of a lost certificate.

(8) A certificate holder shall inform the department of his or
her employment status within 30 days of any change.

(g) The department may revoke a certificate issued under this
section for any of the following:

(1) Procuring a certificate by fraud or misrepresentation.

(2) Knowingly making or giving any false statement or
information in conjunction with the application for issuance of a
certificate.

(3) Criminal conviction, unless an exemption is granted pursuant
to Section 1569.17.

(h) The certificate shall be considered forfeited under either of
the following conditions:

(1) The administrator has had a license revoked, suspended, or
denied as authorized under Section 1569.50.

(2) The administrator has been denied employment, residence,
or presence in a facility based on action resulting from an
administrative hearing pursuant to Section 1569.58.

(i) (1) The department shall establish, by regulation, the
program content, the testing instrument, the process for approving
certification programs, and criteria to be used in authorizing
individuals, organizations, or educational institutions to conduct
certification programs and continuing education courses. These
regulations shall be developed in consultation with provider and
consumer organizations, and shall be made available at least six
months prior to the deadline required for certification. The
department may deny vendor approval to any agency or person
that has not provided satisfactory evidence of their ability to meet
the requirements of vendorization set out in the regulations adopted
pursuant to subdivision (j).

(2) (A) A vendor of online programs for continuing education
shall ensure that each online course contains all of the following:

(i) An interactive portion where the participant receives
feedback, through online communication, based on input from the
participant.

(ii) Required use of a personal identification number or personal
identification information to confirm the identity of the participant.

(iii) A final screen displaying a printable statement, to be signed
by the participant, certifying that the identified participant
completed the course. The vendor shall obtain a copy of the final
screen statement with the original signature of the participant prior
to the issuance of a certificate of completion. The signed statement
of completion shall be maintained by the vendor for a period of
three years and be available to the department upon demand. Any
person who certifies as true any material matter pursuant to this
section that he or she knows to be false is guilty of a misdemeanor.

(B) Nothing in this subdivision shall prohibit the department
from approving online programs for continuing education that do
not meet the requirements of subparagraph (A) if the vendor
demonstrates to the department’s satisfaction that, through
advanced technology, the course and the course delivery meet the
requirements of this section.

(3) The department may authorize vendors to conduct the
administrator certification training program pursuant to provisions
set forth in this section. The department shall conduct the written
test pursuant to regulations adopted by the department.

(4) The department shall prepare and maintain an updated list
of approved training vendors.

(5) The department may inspect training programs, continuing
education courses, and online courses, at no charge to the
department, in order to determine if content and teaching methods
comply with paragraphs (1) and (2), if applicable, and with
regulations. If the department determines that a vendor is not
complying with the intent of this section, the department shall take
appropriate action to bring the program into compliance, which
may include removing the vendor from the approved list.

(6) The department shall establish reasonable procedures and
timeframes, not to exceed 30 days, for the approval of vendor
training programs.

(7) The department may charge a reasonable fee, not to exceed
one hundred fifty dollars ($150) every two years, to certification
program vendors for review and approval of the initial 40-hour
training program pursuant to subdivision (c). The department may
also charge the vendor a fee, not to exceed one hundred dollars
($100) every two years, for the review and approval of the
continuing education courses needed for recertification pursuant
to this subdivision.

(j) This section shall be operative upon regulations being
adopted by the department to implement the administrator
certification program as provided for in this section.

(k) The department shall establish a registry for holders of
certificates that shall include, at a minimum, information on
employment status and criminal record clearance.

(l) Notwithstanding any law to the contrary, vendors approved
by the department who exclusively provide either initial or
continuing education courses for certification of administrators of
a residential care facility for the elderly, as defined in subdivision
(k) of Section 1569.2, a group home facility, as defined by
regulations of the department, or an adult residential care facility,
as defined by regulations of the department, shall be regulated
solely by the department pursuant to this chapter. No other state
or local governmental entity shall be responsible for regulating
the activity of those vendors.

SEC. 3.  

Section 9719 of the Welfare and Institutions Code is
amended to read:

9719.  

(a) (1) The office shall sponsor a training of
representatives of approved organizations at least twice each year.
The office shall provide training to these representatives as
appropriate. Prior to the certification of an ombudsman by the
office, individuals shall meet both of the following requirements:

(A) Have a criminal offender record clearance conducted by
the State Department of Social Services. A clearance pursuant to
Section 1569.17 of the Health and Safety Code shall constitute
clearances for the purpose of entry to any long-term care facility.

(B) Have received a minimum of 36 hours of certification
training that is approved by the office and offered by an approved
organization, which shall include training on cultural competency
begin delete or end delete begin insert and end insert sensitivity in begin insert issues relating to the underserved end insert aging
lesbian, gay, bisexual, and transgender begin delete minority issues end delete begin insert community end insert .

(2) Upon receipt of an applicant’s criminal record clearance and
acceptance by the office, the office shall issue a card identifying
the bearer as a certified ombudsman. Each ombudsman shall
receive a minimum of 12 hours of additional training annually.

(b) (1) The department shall contract with the State Department
of Social Services to conduct a criminal offender record
information search, pursuant to Section 1569.17 of the Health and
Safety Code, for each applicant seeking certification as an
ombudsman. The State Department of Social Services shall notify
the individual and the office of the individual’s clearance or denial.

(2) An applicant for certification as an ombudsman shall not be
responsible for any costs associated with transmitting the
fingerprint images and related information or conducting criminal
record clearances.

(c) Nothing in this section shall be construed to prohibit the
Department of Justice from assessing a fee pursuant to Section
11105 of the Penal Code to cover the cost of searching for or
furnishing summary criminal offender record information.