AB 1570, as amended, Chesbro. Residential care facilities for the elderly.
Existing law provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Violation of these provisions is a misdemeanor. Existing law requires, as a requirement for licensure, that the applicant demonstrate that he or she has successfully completed a certification program approved by the department that includes, at a minimum, 40 hours of classroom instruction, and provides that successful completion of the certification program shall be demonstrated by passing a writtenbegin delete examend deletebegin insert testend insert and submitting a fee to the department for the issuance of a certificate of completion. Existing law also requires the department to adopt
regulations to require staff members of residential care facilities for the elderly who assist residents with personal activities of daily living to receive appropriate training, which includes 10 hours within the first 4 weeks of employment and 4 hours annually thereafter. Existing law requires all residential care facilities for the elderly that advertise or promote special care, special programming, or a special environment for persons with dementia to meet additional training requirements for all direct staff.
This bill would,begin insert effective July 1, 2015,end insert instead, require the certification program for an applicant for licensure to consist of 100 hours of course work and a state-administeredbegin delete examend deletebegin insert
examinationend insert of no less than 100 questions. The bill would require thebegin delete examend deletebegin insert examinationend insert to reflect the uniform core of knowledge required and would require the department, no later than July 1, 2015, and every other year thereafter, to review and revise thebegin delete examend deletebegin insert examinationend insert to reflect changes in law and regulations in order to ensure the rigor and quality of thebegin delete examend deletebegin insert examinationend insert. The bill would require staff members of
residential care facilities for the elderly who assist residents with personal activities of daily living to receive 40 hours of training before working independently with residents, and an additional 12 hours annually, as prescribed. The bill would also apply the training requirements specific to dementia care to all residential care facilities for the elderly.
By expanding the scope of a 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:
begin insertSection 1569.23 of the end insertbegin insertHealth and Safety Codeend insert
2begin insert is amended to read:end insert
(a) As a requirement for licensure, the applicant
4shall demonstrate that he or she has successfully completed a
5certification program approved by the department.
6(b) The certification program shall be for a minimum of 40
7hours of classroom instruction and include a uniform core of
8knowledge which shall include all of the following:
9(1) Law, regulations, policies, and procedural standards that
10impact the operations of residential care facilities for the elderly.
11(2) Business operations.
12(3) Management and supervision of staff.
P3 1(4) Psychosocial need of the elderly residents.
2(5) Physical needs for elderly residents.
3(6) Community and support services.
4(7) Use, misuse, and interaction of drugs commonly used by
5the elderly.
6(8) Resident admission, retention, and assessment procedures.
7(c) Successful completion of the certification program shall be
8demonstrated by passing a written test and submitting a fee of one
9hundred dollars ($100) to the department for the issuance of a
10certificate of completion.
11(d) The department shall establish by regulation the program
12content, the
testing instrument, process for approving certification
13programs, and criteria to be used for authorizing individuals or
14organizations to conduct certification programs. These regulations
15shall be developed with the participation of provider organizations.
16(e) This section shall apply to all applications for licensure
17unless the applicant provides evidence that he or she has a current
18license for another residential care facility for the elderly which
19was initially licensed prior to July 1, 1989, or has successfully
20completed an approved certification program within the prior five
21years.
22(f) If the applicant is a firm, partnership, association, or
23corporation, the chief executive officer, or other person serving in
24a like capacity, or the designated administrator of the facility shall
25provide evidence of successfully completing an approved
26certification program.
27(g) This section shall become inoperative on July 1, 2015, and,
28as of January 1, 2016, is repealed, unless a later enacted statute,
29that becomes operative on or before January 1, 2016, deletes or
30extends the dates on which it becomes inoperative and is repealed.
begin insertSection 1569.23 is added to the end insertbegin insertHealth and Safety
32Codeend insertbegin insert, to read:end insert
(a) As a requirement for licensure, the applicant
34shall demonstrate that he or she has successfully completed a
35certification program approved by the department.
36(b) The certification program shall consist of both of the
37following:
38(1) One hundred hours of coursework, at least 40 hours of which
39shall be attended in person.
P4 1(2) A state-administered examination consisting of no less than
2100 questions. The examination shall reflect the uniform core of
3knowledge required pursuant to subdivision (c).
4(c) The certification program shall include a uniform
core of
5knowledge which shall include all of the following:
6(1) Law, including personal rights, regulations, policies, and
7procedural standards that impact the operations of residential
8care facilities for the elderly.
9(2) Business operations.
10(3) Management and supervision of staff.
11(4) Psychosocial need of the elderly residents.
12(5) Physical needs for elderly residents.
13(6) Community and support services.
14(7) Medication management, including use, misuse, and
15interaction of drugs commonly used by the elderly, including
16antipsychotics.
17(8) Resident admission, retention, and assessment procedures.
18(9) Managing Alzheimer’s disease and related dementias.
19(10) Managing the physical environment, including maintenance
20and housekeeping.
21(d) Successful completion of the certification program shall be
22demonstrated by passing the state-administered examination and
23submitting a fee of one hundred dollars ($100) to the department
24for the issuance of a certificate of completion.
25(e) (1) The department shall establish by regulation the program
26content, the testing instrument, process for approving certification
27programs, and criteria to be used for authorizing individuals or
28organizations to conduct certification
programs. These regulations
29shall be developed with the participation of provider organizations.
30(2) The department shall ensure that the examination consists
31of at least 100 questions and allows an applicant to have access
32to the California Residential Care Facility for the Elderly Act,
33related regulations, and the evaluator manual during the
34examination. The department, no later than July 1 of every year,
35shall review and revise the examination to reflect changes in law
36and regulations in order to ensure the rigor and quality of the
37examination. The department may convene a stakeholder group
38to assist in developing and reviewing test questions.
39(f) This section shall apply to all applications for licensure
40unless the applicant provides evidence that he or she has a current
P5 1license for another residential care facility for the elderly which
2was initially licensed prior to July 1,
1989, or has successfully
3completed an approved certification program within the prior five
4years.
5(g) If the applicant is a firm, partnership, association, or
6corporation, the chief executive officer, or other person serving
7in a like capacity, or the designated administrator of the facility
8shall provide evidence of successfully completing an approved
9certification program.
10(h) This section shall become operative on July 1, 2015.
begin insertSection 1569.625 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
12amended to read:end insert
(a) The Legislature finds that the quality of services
14provided to residents of residential care facilities for the elderly is
15dependent upon the training and skills of staff. It is the intent of
16the Legislature in enacting this section to ensure that direct-care
17staff have the knowledge and proficiency to carry out the tasks of
18their jobs.
19(b) The department shall adopt regulations to require staff
20members of residential care facilities for the elderly who assist
21residents with personal activities of daily living to receive
22appropriate training. This training shall consist of 10 hours of
23training within the first four weeks of employment and four hours
24annually thereafter. This training shall be administered on the
job,
25or in a classroom setting, or any combination of the two. The
26department shall establish, in consultation with provider
27organizations, the subject matter required for this training.
28(c) The training shall include, but not be limited to,begin insert all ofend insert the
29following:
30(1) Physical limitations and needs of the elderly.
31(2) Importance and techniques for personal care services.
32(3) Residents’ rights.
33(4) Policies and procedures regarding medications.
34(5) Psychosocial needs of the elderly.
begin insert
35(d) This section shall become inoperative on July 1, 2015, and,
36as of January 1, 2016, is repealed, unless a later enacted statute,
37that becomes operative on or before January 1, 2016, deletes or
38extends the dates on which it becomes inoperative and is repealed.
begin insertSection 1569.625 is added to the end insertbegin insertHealth and Safety
40Codeend insertbegin insert, to read:end insert
(a) The Legislature finds that the quality of services
2provided to residents of residential care facilities for the elderly
3is dependent upon the training and skills of the staff. It is the intent
4of the Legislature in enacting this section to ensure that direct-care
5staff have the knowledge and proficiency to carry out the tasks of
6their jobs.
7(b) (1) The department shall adopt regulations to require staff
8members of residential care facilities for the elderly who assist
9residents with personal activities of daily living to receive
10appropriate training. This training shall consist of 40 hours of
11training to be completed before a staff member begins working
12independently with residents. The 40 hours of training shall
consist
13of 24 hours of coursework training prior to resident contact,
14including 12 hours specific to dementia care, as required by
15subdivision (a) of Section 1569.626. The training coursework may
16utilize various methods of instruction, including, but not limited
17to, lectures, instructional videos, and interactive online courses.
18The additional 16 hours shall be hands-on training.
19(2) In addition to paragraph (1), training requirements shall
20also include an additional 12 hours annually, including the first
21year of employment, eight hours of which shall be dementia care
22training, as required by subdivision (b) of Section 1569.626.
23(3) The department shall establish, in consultation with provider
24organizations, the subject matter required for the training required
25by this section.
26(c) The training shall include, but not
be limited to, all of the
27following:
28(1) Physical limitations and needs of the elderly.
29(2) Importance and techniques for personal care services.
30(3) Residents’ rights.
31(4) Policies and procedures regarding medications.
32(5) Psychosocial needs of the elderly.
33(6) Dementia care, including the misuse of antipsychotics, as
34required by Section 1569.626.
35(d) This section shall become operative on July 1, 2015.
begin insertSection 1569.626 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
37amended to read:end insert
begin insert(a)end insertbegin insert end insert All residential care facilities for the elderly that
39advertise or promote special care, special programming, or a special
40environment for persons with dementia, in addition to complying
P7 1with the training requirements described in Section 1569.625, shall
2meet the following training requirements for all direct care staff:
3(a)
end delete
4begin insert(1)end insert Six hours of resident care orientation within the first four
5weeks of employment. All six hours shall be devoted to the care
6of persons with dementia. The facility may utilize various methods
7ofbegin delete instructionend deletebegin insert instruction,end insert including, but not limited to,
8preceptorship, mentoring, and other forms of observation and
9demonstration. The orientation time shall be exclusive of any
10administrative instruction.
11(b)
end delete
12begin insert(2)end insert Eight hours of in-service training per year on the subject of
13
serving residents with dementia. This training shall be developed
14in consultation with individuals or organizations with specific
15expertise in dementia care or by an outside source with expertise
16in dementia care. In formulating and providing this training,
17reference may be made to written materials and literature on
18dementia and the care and treatment of persons with dementia.
19This training requirement may be satisfied in one day or over a
20period of time. This training requirement may be provided at the
21facility or offsite and may include a combination of observation
22and practical application.
23(b) This section shall become inoperative on July 1, 2015, and,
24as of January 1, 2016, is repealed, unless a later enacted statute,
25that becomes operative on or before January 1, 2016, deletes or
26extends the dates on which it becomes inoperative and is
repealed.
begin insertSection 1569.626 is added to the end insertbegin insertHealth and Safety
28Codeend insertbegin insert, to read:end insert
(a) All residential care facilities for the elderly shall
30meet the following training requirements, as described in Section
311569.625, for all direct care staff:
32(1) Twelve hours of dementia care training before a staff
33member begins working independently with residents. All 12 hours
34shall be devoted to the care of persons with dementia. The facility
35may utilize various methods of instruction, including, but not
36limited to, preceptorship, mentoring, and other forms of
37observation and demonstration. The orientation time shall be
38exclusive of any administrative instruction.
39(2) Eight hours of in-service training per year on the subject of
40serving residents with dementia. This
training shall be developed
P8 1in consultation with individuals or organizations with specific
2expertise in dementia care or by an outside source with expertise
3in dementia care. In formulating and providing this training,
4reference may be made to written materials and literature on
5dementia and the care and treatment of persons with dementia.
6This training requirement may be satisfied in one day or over a
7period of time. This training requirement may be provided at the
8facility or offsite and may include a combination of observation
9and practical application.
10(b) This section shall become operative on July 1, 2015.
No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.
Section 1569.23 of the Health and Safety Code
21 is amended to read:
(a) As a requirement for licensure, the applicant shall
23demonstrate that he or she has successfully completed a
24certification program approved by the department.
25(b) The certification program shall consist of both of the
26following:
27(1) One hundred hours of coursework, at least 40 hours of which
28shall be attended in person.
29(2) A state-administered exam consisting of no less than 100
30questions. The exam shall reflect the uniform core of knowledge
31required pursuant to subdivision (c).
32(c) The certification program shall include a uniform core of
33knowledge which shall include all of the following:
34(1) Law, including personal rights, regulations, policies, and
35procedural standards that impact the operations of residential care
36facilities for the elderly.
37(2) Business operations.
38(3) Management and supervision of staff.
39(4) Psychosocial need of the elderly residents.
40(5) Physical needs for elderly residents.
P9 1(6) Community and support services.
2(7) Medication management, including use, misuse, and
3interaction of drugs commonly used by the elderly, including
4antipsychotics.
5(8) Resident admission, retention, and assessment procedures.
6(9) Managing Alzheimer’s disease and related dementias.
7(10) Managing the physical environment, including maintenance
8and housekeeping.
9(d) Successful completion of the certification program shall be
10demonstrated by passing the state-administered exam and
11submitting a fee of one hundred dollars ($100) to the department
12for the issuance of a certificate of completion.
13(e) (1) The
department shall establish by regulation the program
14content, the testing instrument, process for approving certification
15programs, and criteria to be used for authorizing individuals or
16organizations to conduct certification programs. These regulations
17shall be developed with the participation of provider organizations.
18(2) The department shall ensure that the exam consists of at
19least 100 questions and allows an applicant to have access to the
20California Residential Care Facility for the Elderly Act, related
21regulations, and the evaluator manual during the exam. The
22department, no later than July 1, 2015, and every other year
23thereafter, shall review and revise the exam to reflect changes in
24law and regulations in order to ensure the rigor and quality of the
25exam. The department may convene a stakeholder group to assist
26in
developing and reviewing test questions.
27(f) This section shall apply to all applications for licensure unless
28the applicant provides evidence that he or she has a current license
29for another residential care facility for the elderly which was
30initially licensed prior to July 1, 1989, or has successfully
31completed an approved certification program within the prior five
32years.
33(g) If the applicant is a firm, partnership, association, or
34corporation, the chief executive officer, or other person serving in
35a like capacity, or the designated administrator of the facility shall
36provide evidence of successfully completing an approved
37certification program.
Section 1569.625 of the Health and Safety Code is
39amended to read:
(a) The Legislature finds that the quality of services
2provided to residents of residential care facilities for the elderly is
3dependent upon the training and skills of staff. It is the intent of
4the Legislature in enacting this section to ensure that direct-care
5staff have the knowledge and proficiency to carry out the tasks of
6their jobs.
7(b) (1) The department shall adopt regulations to require staff
8members of residential care facilities for the elderly who assist
9residents with personal activities of daily living to receive
10appropriate training. This training shall consist of 40 hours of
11training to be completed before
a staff member begins working
12independently with residents. The 40 hours of training shall consist
13of 24 hours of coursework training prior to resident contact,
14including 12 hours specific to dementia care, as required by
15subdivision (a) of Section 1569.626. The training coursework may
16utilize various methods of instruction, including, but not limited
17to, lectures, instructional videos, and interactive online courses.
18The additional 16 hours shall be hands-on training.
19(2) In addition to paragraph (1), training requirements shall also
20include an additional 12 hours annually, including the first year
21of employment, eight hours of which shall be dementia care
22training, as required by subdivision (b) of Section 1569.626.
23(3) The department shall establish, in consultation with provider
24organizations,
the subject matter required for the training required
25by this section.
26(c) The training shall include, but not be limited to, all of the
27following:
28(1) Physical limitations and needs of the elderly.
29(2) Importance and techniques for personal care services.
30(3) Residents’ rights.
31(4) Policies and procedures regarding medications.
32(5) Psychosocial needs of the elderly.
33(6) Dementia care, including the misuse of antipsychotics, as
34required by Section
1569.626.
Section 1569.626 of the Health and Safety Code is
36amended to read:
All residential care facilities for the elderly shall
38meet the following training requirements, as described in Section
391569.625, for all direct care staff:
P11 1(a) Twelve hours of dementia care training before a staff member
2begins working independently with residents. All 12 hours shall
3be devoted to the care of persons with dementia. The facility may
4utilize various methods of instruction, including, but not limited
5to, preceptorship, mentoring, and other forms of observation and
6demonstration. The orientation time shall be exclusive of any
7administrative instruction.
8(b) Eight hours of in-service training
per year on the subject of
9serving residents with dementia. This training shall be developed
10in consultation with individuals or organizations with specific
11expertise in dementia care or by an outside source with expertise
12in dementia care. In formulating and providing this training,
13reference may be made to written materials and literature on
14dementia and the care and treatment of persons with dementia.
15This training requirement may be satisfied in one day or over a
16period of time. This training requirement may be provided at the
17facility or offsite and may include a combination of observation
18and practical application.
No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21the only costs that may be incurred by a local agency or school
22district will be incurred because this act creates a new crime or
23infraction, eliminates a crime or infraction, or changes the penalty
24for a crime or infraction, within the meaning of Section 17556 of
25the Government Code, or changes the definition of a crime within
26the meaning of Section 6 of Article XIII B of the California
27Constitution.
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97