BILL ANALYSIS                                                                                                                                                                                                    Ó






                                  SENATE HUMAN
                               SERVICES COMMITTEE
                            Senator Jim Beall, Chair


          BILL NO:       AB 1570                                      
          A
          AUTHOR:        Chesbro                                      
          B
          VERSION:       May 23, 2014
          HEARING DATE:  June 24, 2014                                
          1
          FISCAL:        Yes                                          
          5
                                                                      
          7
          CONSULTANT:    Sara Rogers                                  
          0

                                        

                                     SUBJECT
                                         
                  Residential Care Facilities for the Elderly

                                     SUMMARY  

          This bill increases the number of hours of classroom  
          instruction, and adds to the uniform core of knowledge,  
          that licensees of Residential Care Facilities for the  
          Elderly (RCFEs) must meet for initial certification and  
          continuing education training. This bill increases the  
          training requirements for facility staff that assist  
          residents with personal activities, as specified, and adds  
          topics that shall be included in the training. 

                                     ABSTRACT 
          
           Existing Law:


           1.Establishes the Residential Care Facilities for the  
            Elderly Act, which provides for the California Department  
            of Social Services (CDSS) to license and regulate RCFEs  
            as a separate category within the existing residential  

                                                         Continued---




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            care licensing structure of CDSS. (HSC 1569 et seq.)


          2.Requires applicants for an RCFE license to submit a  
            criminal record clearance, employment history, character  
            references, evidence of certification, and disclosure of  
            previous service in other RCFEs, outpatient health  
            clinics, health facilities (including hospitals, skilled  
            nursing facilities or intermediate face facilities), or a  
            community care facility, among other requirements. (HSC  
            1569.15)


          3.Requires a license applicant and an RCFE administrator to  
            successfully complete a certification program approved by  
            the department, which shall include a minimum of 40 hours  
            of classroom instruction including a uniform core of  
            knowledge, as specified. (HSC 1569.23 and HSC 1569.616)


          4.Provides that RCFE administrator certification shall be  
            valid for two years and that recertification shall  
            require 40 hours of continuing education. Through  
            regulation provides that an applicant for licensure shall  
            meet the requirements for initial certification of  
            administrators. (HSC 1569.616 (f), Title 22 CCR 87155 and  
            87406)


          5.Provides that the initial certification of administrators  
            shall include successful completion of a  
            department-approved program, passage of a written test  
            administered by the department within 60 days, and a  
            criminal records clearance. (Title 22 CCR 87406)


          6.Requires CDSS to develop requirements for a uniform core  
            of knowledge for the initial certification and continuing  
            education requirements for licensees, administrators and  
            staff of RCFEs. Provides that this knowledge base shall  
            include basic understanding of the psychosocial and  
            physical care needs of elderly persons. (HSC 1569.62)


          7.Provides that RCFE staff members who assist residents  





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            with activities of daily living shall receive at least 10  
            hours of initial training within the first four weeks of  
            employment and at least four hours annually thereafter.  
            (HSC 1569.625 and Title 22 CCE 87411)


          8.Requires CDSS to develop a uniform assessment tool to be  
            used by all RCFEs in identifying resident needs for  
            service and assistance with daily living. (HSC 1569.62)


          9.Requires facility personnel to be sufficient in numbers  
            and competent to provide the services necessary to meet  
            resident needs. Provides that the department may require  
            any facility to provide additional staff whenever if  
            determines through documentation that the needs of the  
            particular residents, the extent of services provided, or  
            the physical arrangements of the facility require  
            additional staff. (Title 22 CCE 87411)


           This bill:


           1.Increases the required licensee certification training to  
            100 hours of coursework, at least 40 hours of which shall  
            be attended in person (increased from 40 hours of  
            classroom instruction).


          2.Expands the required state-administered examination from  
            40 questions to no less than 100 questions and allows an  
            applicant to have access to the RCFE Act statutes,  
            related regulations, and the evaluator manual during the  
            examination. 


          3.Expands the required uniform core of knowledge to  
            additionally include:


             a.   Personal rights;
             b.   Medication management, including use, misuse, and  
               interaction of drugs commonly used by the elderly,  
               including antipsychotics;





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             c.   Managing Alzheimer's disease and related dementias;
             d.   Managing the physical environment, including  
               maintenance and housekeeping.


          1.Requires CDSS to review and revise the examination to  
            reflect changes in law and regulations in order to ensure  
            the rigor and quality of the examination.


          2.Requires CDSS to adopt regulations requiring RCFE  
            direct-care staff members to receive 40 hours of training  
            prior to working independently with residents. Requires  
            the 40 hours of training to consist of 24 hours of  
            coursework training, as specified, prior to resident  
            contact, including 12 hours specific to dementia care, as  
            specified. Requires the additional 16 hours shall be  
            hands-on training.


          3.Requires direct-care staff to receive an additional 12  
            hours annually, including the first year of employment,  
            eight hours of which shall be dementia care training, as  
            specified.


          4.Permits the department to establish the subject matter  
            required for the training in consultation with provider  
            organizations and adds dementia care training, including  
            the misuse of antipsychotics to the currently required  
            topics.


                                  FISCAL IMPACT  

          An Assembly Appropriations analysis states there are costs  
          to CDSS in the range of $300,000 (GF) to review  
          certification training programs, proctor and process  
          completed tests, review applications, process certificates  
          and perform related administrative functions. Additionally  
          the analysis states there are potential minor  
          non-reimbursable local enforcement costs for violations of  
          any of the provisions of this measure.

                            BACKGROUND AND DISCUSSION





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            Purpose of the bill:


           According to the author, general training standards for  
          RCFEs have not been revised in a decade, yet expectations  
          have grown and supportive services have become more  
          sophisticated. The author states that having an  
          appropriately trained staff will result in better care,  
          which benefits residents, families and the licensees. 


          This bill, sponsored by the California Assisted Living  
          Association (CALA) a membership organization of RCFEs, has  
          substantial overlap with SB 911 (Block), which is sponsored  
          by California Advocates for Nursing Home Reform (CANHR) as  
          one of a large package of bills responding to a series of  
          recent events calling into question the adequacy of CDSS  
          oversight and the state's ability to protect people who  
          reside in RCFEs.


          Specifically, in July 2013, ProPublica and Frontline  
          reporters wrote and produced a series of stories on  
          Emeritus, the nation's largest RCFE provider.<1> Featured  
          in the article was a woman who died after receiving poor  
          care at in a facility in Auburn, California. The series  
          documented chronic understaffing and a lack of required  
          assessments and substandard care. Reports in September  
          2013, prompted by a consumer watchdog group that had  
          hand-culled through stacks of documents in San Diego,  
          revealed that more than two dozen seniors had died in  
          recent years in RCFEs under questionable circumstances that  
          went ignored or unpunished by CDSS.<2> 

          -------------------------
          <1>  
          http://www.propublica.org/article/life-and-death-in-assisted 
          -living-single


          <2> "Care Home Deaths Show System Failures," San Diego  
          Union Tribune, Sept.7, 2013






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          Most recently, in late October 2013, 19 frail seniors were  
          abandoned at Valley Springs Manor in Castro Valley by the  
          licensee and all but two staff after the state began  
          license revocation proceedings. CDSS inspectors, noting the  
          facility had been abandoned, left the two unpaid service  
          staff to care for the abandoned residents with insufficient  
          food and medication, handing them a $3,800 citation before  
          leaving for the weekend. The next day sheriff's deputies  
          and paramedics sent the patients to local hospitals.


           Residential Care Facilities for the Elderly


           Within California's continuum of long term care, situated  
          between in-home care and skilled nursing facilities, is the  
          RCFE, also commonly called Assisted Living, Board and Care,  
          or Residential Care. There are approximately 8,000 Assisted  
          Living, Board and Care, and Continuing Care Retirement  
          homes that are licensed as RCFEs in California. These  
          residences are designed to provide homelike housing options  
          to seniors and other adults who need some help with  
          activities of daily living, such as cooking, bathing, or  
          getting dressed, but otherwise do not need continuous,  
          24-hour assistance or nursing care. Increasingly residents  
          are entering RCFEs with significant health needs including  
          diabetes, bedsores, or require the use of oxygen tanks,  
          catheters or colostomies.


          The RCFE licensure category includes facilities with as few  
          as six beds to those with hundreds of residents, whose  
          needs may vary widely. Typically, the smaller facilities  
          are homes in residential neighborhoods while the larger  
          facilities resemble apartment complexes with structured  
          activities for their residents. Residents may reside in  
          their own apartment, or may share a bedroom. Generally,  
          residents are free to leave the facility if they choose,  
          and may entertain guests, and otherwise maintain a high  
          level of independence. Facilities licensed to serve  
          residents with dementia or Alzheimer's disease, also known  
          as "memory care units" may maintain a secure perimeter. 







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          Licensee and Administrator training requirements


          Existing law requires prospective licensees and facility  
          administrators to complete a certification program approved  
          by the department consisting of 40 hours of classroom  
          instruction. Statute requires that the curriculum for both  
          include:


                 Laws, regulations, policies and procedural  
               standards that impact RCFE operations, including  
               residents personal rights (8 hours);
                 Business operations (3 hours);
                 Management and supervision of staff (3 hours);
                 Psychosocial need of elderly residents (5 hours);
                 Physical needs for elderly residents (5 hours);
                 Community and support services (2 hours);
                 Use, misuse and interaction of drugs commonly used  
               by the elderly (5 hours);
                 Resident admission, retention, and assessment  
               procedures (5 hours);
                 Care of residents with Alzheimer's Disease and  
               other dementias (4 hours)


          Typically, the 40-hour training requirements are met  
          through private vendors who have been approved by CDSS to  
          conduct these trainings. The courses are generally  
          scheduled as four, consecutive, 10-hour-day trainings,  
          costing approximately $200 to $300. Following the training,  
          prospective administrators are required to pass a  
          40-question test administered by CDSS that has not been  
          changed since its initial release. Approximately 500  
          individuals take the exam every month. Reportedly, the  
          several versions of the test are available online to be  
          studied in advance and few individuals fail the exam.  
          Licensees must only pass their initial certification and  
          are not required to maintain a current certification, which  
          expires after two years. 


          Additionally, corporate owners of a facility, who are not  
          the official licensee, are not themselves required to be  
          licensed or have any training despite having financial and  





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          managerial control over the facilities they manage. 


          Staffing requirements


          Existing law requires facility personnel to be sufficient  
          in numbers and competent to provide the services necessary  
          to meet resident needs. The department may require a  
          facility to provide additional staff whenever it determines  
          that the needs of the particular residents, the extent of  
          services provided, or the physical arrangements of the  
          facility require additional staff. Additionally,  
          regulations require RCFEs to ensure that the resident is  
          cared for in accordance with the physician's orders and  
          that the resident's medical needs are met. Facility staff  
          members are required to have the knowledge and skills to  
          respond to problems and to contact the physician,  
          appropriately skilled professional or vendor as necessary.


          Residents are required to have a preadmission appraisal  
          performed and documented that includes an evaluation of the  
          resident's functional, mental and social needs, in order to  
          determine the level of care and supervision that each  
          resident requires. Additionally, residents must have a  
          medical assessment completed that must be signed by a  
          physician, made within the last year and kept on file. The  
          functional assessment is required to determine the  
          prospective resident's ability to perform detailed  
          activities of daily living including bathing, dressing,  
          grooming, continence, eating and physical condition.  
          Additionally facilities are required to complete a needs  
          and services appraisal to determine the amount of  
          supervision that is necessary.


          Placement agencies (defined to include county welfare,  
          social service or mental health departments, county public  
          guardians, hospital discharge planners or coordinators  
          public or private agencies providing placement or referral  
          services, conservators and regional centers) who are  
          engaged in finding homes or other places for the placement  
          of elderly persons for temporary or permanent care are  
          required to report to the department any situation in which  





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          a facility has insufficient personnel or incompetent  
          personnel on duty.


          Regulations additionally require facilities to have and  
          maintain a current, written definitive plan of operation  
          that is required to be submitted to the licensing agency  
          with their application.<3> The plan includes, among other  
          things, a statement of admission policies and procedures  
          for accepting residents as well as the staffing plan,  
          qualifications and duties. Additionally, facilities are  
          required to submit a written report to the licensing agency  
          and the resident's responsible person when certain  
          incidents occur that may impact the health and safety of  
          residents.








          Staff training requirements


          Existing law permits CDSS to adopt regulations to require  
          RCFE staff members who assist residents with activities of  
          daily living to receive ten hours of training. Statute and  
          regulation provide that this training shall include:<4>


                 The aging process and physical limitations and  
               special needs of the elderly (at least two hours).
                 Importance and techniques of personal care  
               services, including bathing, grooming, dressing,  
               feeding, toileting and universal precautions (at least  
               three hours).
                 Resident's rights as specified in Title 22 CCR  
             -----------------------
          <3> Title 22 CCR 87208


          <4> HSC 1569.625 and Title 22 CCR 87411






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               87468.
                 Policies and procedures regarding medications,  
               including knowledge to safely assist with  
               self-administered prescribed medications (at least two  
               hours).
                 Psychosocial needs of the elderly, such as  
               recreation, companionship, independence, etc.
                 Recognizing signs and symptoms of dementia.


          Through regulation, existing law provides that all training  
          shall be conducted by a person who is knowledgeable in a  
          relevant subject area of the training and who has a  
          four-year degree or graduate degree as well as two years of  
          experience, or a license to work as a health care provider,  
          or at least two years of experience in California as an  
          RCFE administrator with a record of administering  
          facilities with substantial compliance.

          Use of anti-psychotic medications in Assisted Living



          Recent research suggests that between 35 percent and 53  
          percent of assisted living residents receive one or more  
          psychotropic medications.<5> Numerous studies document that  
          older adults are particularly susceptible vulnerable to  
          adverse effects of psychotropic medications.<6> Those older  
          than age 70 are 3.5 times more likely than younger  
          individuals to be admitted to the hospital due to adverse  
          drug reactions associated with psychotropic medications.  
          Additionally, the risk for adverse reactions increases  
          dramatically with the number of medications used and with  
          -------------------------

          <5> Smith M, Buckwalter KC, Hyunwook K, Ellingrod V,  
          Schultz SK. Dementia-specific assisted living: Clinical  
          factors and psychotropic medication use. Journal of the  
          American Psychiatric Nurses Association. 2008;14:39-49

          <6> Lindsey, Pamela. Psychotropic Medication Use among  
          Older Adults: What All Nurses Need to Know. Journal of  
          Gerontol Nursing. Sep 2009; 35(9): 28-38







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          increasing age.<7> 

          In 2012, the Centers for Medicare and Medicaid Services  
          (CMS) launched the National Partnership to Improve Dementia  
          Care and Reduce Unnecessary Antipsychotic Drug Use in  
          Nursing Homes. A recent memorandum submitted to CMS state  
          surveyor agency directors, citing numerous peer reviewed  
          academic studies, states that:


               The problematic use of medications, such as  
               antipsychotics, is part of a larger, growing concern.  
               This concern is that nursing homes and other settings  
               (i.e. hospitals, ambulatory care) may use medications  
               as a "quick fix" for behavioral symptoms or as a  
               substitute for a holistic approach that involves a  
               thorough assessment of underlying causes of behaviors  
               and individualized, person-centered interventions?


               When antipsychotic medications are used without an  
               adequate rationale, or for the purpose of limiting or  
               controlling behavior of an unidentified cause, there  
               is little chance that they will be effective. In  
               addition, they commonly cause complications such as  
               movement disorders, falls, hip fractures,  
               cerebrovascular adverse events (cerebrovascular  
               accidents and transient ischemic events) and increased  
               risk of death. <8> 


          The memorandum cites a Food and Drug Administration (FDA)  
          public health advisory, which found that elderly patients  
          with dementia-related psychosis treated with second  
          -------------------------


          <7> Brooks JO, Hoblyn JC. Neurocognitive costs and benefits  
          of psychotropic medications in older adults. Journal of  
          Geriatric Psychiatry and Neurology. 2007;20:199-214

          <8> S&C: 13-35-NH  
           http://www.cms.gov/Medicare/Provider-Enrollment-and-Certific 
          ation/SurveyCertificationGenInfo/Downloads/Survey-and-Cert-L 
          etter-13-35.pdf  






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          generation antipsychotic drugs are more than 1.5 times as  
          likely to face increased risk of death compared to taking a  
          placebo.<9> According to the FDA, the specific causes of  
          these deaths were largely either due to heart related  
          events (e.g., heart failure, sudden death) or infections  
          (mostly pneumonia). The FDA notes that none of the  
          antipsychotic drugs have been approved for the treatment of  
          behavioral disorders in patients with dementia and has  
          required drug manufactures to include a boxed warning in  
          their labeling.


          In setting standards for use of these medications in  
          nursing homes, CMS has put forward a series of dementia  
          care principles that attempts to foster a person centered  
          approach to care better ensures the judicial use of  
          pharmacological approaches to dementia care, that they are  
          clinically indicated and gradually reduced in an effort to  
          discontinue the drugs over time. Although this CMS guidance  
          is directed specifically toward nursing homes, its findings  
          and subsequent policy approaches are substantially relevant  
          to assisted living facilities which presumably serve a  
          similar demographic of residents who are potentially less  
          acute than those of nursing homes.


          2014-2015 Budget 


          The 2014-2015 budget, as proposed by the Administration,  
          includes funding intended to address some of the policy  
          issues that this bill also seeks to address. While the  
          budget does not increase the training hours or curriculum  
          for licensees, administrators or staff of RCFEs, it instead  
          seeks to strengthen the administrator certification process  
          by adding three new positions to enhance current testing  
          policies and procedures to establish statewide uniformity  
          -------------------------


          <9> FDA Public Health Advisory: Deaths with Antipsychotics  
          in Elderly Patients with Behavioral Disturbances.  
           http://www.fda.gov/Drugs/DrugSafety/PostmarketDrugSafetyInfo 
          rmationforPatientsandProviders/DrugSafetyInformationforHeath 
          careProfessionals/PublicHealthAdvisories/ucm053171.htm  





          

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          in the administration of the test and update the exams  
          themselves. Additionally, the Administration proposed to  
          hire a nurse practitioner position to assist with the  
          development of regulatory policies related to medical care  
          in RCFEs as well as a mental health populations unit to  
          provide technical assistance to enforcement staff.


          Comparison with SB 911


          Both AB 1570 and SB 911 make similar changes to the  
          required curriculum for licensee and direct-care staff, but  
          a key difference relates to specialized training for  
          dementia care, postural supports, restricted health  
          conditions and hospice care. AB 1570 requires licensee and  
          direct-staff training in "dementia care, including the  
          misuse of antipsychotics" while SB 911 requires licensee,  
          administrator and staff training in the "use, misuse, and  
          interaction of drugs commonly used by the elderly, and the  
          adverse effects of psychotropic drugs for use in  
          controlling the behavior of persons with dementia" as well  
          as "non-pharmacologic, person-centered approaches to  
          dementia care." SB 911 also adds training requirements for  
          administrators, but AB 1570 does not.


                     AB 1570 (Chesbo) training requirements
          
           ------------------------------------------------------------ 
          |Licensee training:  100 hours total; 40 hours of which in   |
          |person; 100 question exam                                   |
          |Administrator training:  not specified                      |
          |Direct-care staff basic:  40 hours total; 24 prior to       |
          |providing care; and 12 annually                             |
          |Dementia care (inclusive):  12 hours prior to providing     |
          |care; and 8 annually                                        |
          |Medication Assistance: not specified                        |
          |Postural, Restricted, Hospice: not specified                |
          |*new staff to receive 52 hrs total (basic +                 |
          |annual)                                                     |
           ------------------------------------------------------------ 








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                      SB 911 (Block) training requirements
           ------------------------------------------------------------ 
          |Licensee training: 100 hours; 80 hours of which in          |
          |classroom; number of questions not specified                |
          |Administrator training: 100 hours; 60 hours every 2 years   |
          |Direct-care staff basic: 40 hours total; 24 prior to        |
          |providing care; and 20 annually                             |
          |Dementia care (additional):  15 hours total prior to        |
          |providing care; and 12 annually                             |
          |Medication Assistance:                                      |
          |         Large facilities - 32 hours total; 12 prior to     |
          |providing care; and 8 annually                              |
          |         Small facilities - 16 hours total; 8 prior to      |
          |providing care; and 8 annually                              |
          |Postural, Restricted, Hospice: 15 hours total prior to      |
          |providing care; and 12 annually                             |
          |                                                            |
           ------------------------------------------------------------ 
                                         
                                    COMMENTS

           1.This bill does not provide for corollary changes to the  
            administrator training requirements, which is the  
            individual that is specifically responsible for the  
            management and operation of the facility. Staff  
            recommends this bill be amended to reflect a compromise  
            with the author and sponsors of SB 911 to conform the  
            licensee training provisions with the administrator  
            training provisions. 


          2.This bill requires that 40 hours of licensee training  
            shall be in person with the remaining instruction  
            presumably to be met via online courses and training  
            materials. Staff recommends this bill be amended to  
            reflect a compromise between SB 911 and this bill to  
            require 60 hours of in person training.


          3.Staff recommends this bill conform to the training  
            curriculum specified in SB 911 pertaining to the  
            "non-pharmacological, person-centered approaches to  
            dementia care." This bill merely refers to the "misuse of  
            antipsychotics" however staff notes that antipsychotics  
            are currently not approved by the FDA for treatment of  





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            dementia, despite being frequently prescribed by the  
            resident's physician. Best practices with regard to  
            serving persons with dementia care call for a persistent  
            effort at minimizing the behaviors for which a physician  
            has prescribed an antipsychotic medication.


            For specific language please see the attached mock-up at  
            the end of this analysis.

                                   PRIOR VOTES  

          Assembly Floor      79 - 0
          Assembly Appropriations  17 - 0
          Assembly Human Services    6 - 0


                                    POSITIONS  

          Support:       Alzheimer's Association
                         California Long-Term Care Ombudsman  
                    Association
                         County of San Diego
                         National Association of Social Workers
                         Retired Public Employees Association
                         

          Oppose:   California Right to Life Committee, Inc.






















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              Amendments Mock-up for 2013-2014 AB-1570 (Chesbro (A))  
                                         
                  ******Amendments are underlined in  BOLD  ******
                                        
             Mock-up based on Version Number 97 - Amended Assembly  
                                    5/23/14
          
           The people of the State of California do enact as follows:

          SECTION 1. Section 1569.23 of the Health and Safety Code is  
          amended to read:
            
          1569.23. (a)  As a requirement for licensure, the applicant  
          shall demonstrate that he or she has successfully completed  
          a certification program approved by the department.


          (b)  The certification program shall be for a minimum of 40  
          hours of classroom instruction and include a uniform core  
          of knowledge which shall include all of the following:


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


          (2)  Business operations.







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          (3)  Management and supervision of staff.


          (4)  Psychosocial need of the elderly residents.


          (5)  Physical needs for elderly residents.


          (6)  Community and support services.


          (7)  Use, misuse, and interaction of drugs commonly used by  
          the elderly.


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


          (c)  Successful completion of the certification program  
          shall be demonstrated by passing a written test and  
          submitting a fee of one hundred dollars ($100) to the  
          department for the issuance of a certificate of completion.


          (d)  The department shall establish by regulation the  
          program content, the testing instrument, process for  
          approving certification programs, and criteria to be used  
          for authorizing individuals or organizations to conduct  
          certification programs. These regulations shall be  
          developed with the participation of provider organizations.


          (e)  This section shall apply to all applications for  
          licensure unless the applicant provides evidence that he or  
          she has a current license for another residential care  
          facility for the elderly which was initially licensed prior  
          to July 1, 1989, or has successfully completed an approved  
          certification program within the prior five years.


          (f)  If the applicant is a firm, partnership, association,  
          or corporation, the chief executive officer, or other  
          person serving in a like capacity, or the designated  





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          administrator of the facility shall provide evidence of  
          successfully completing an approved certification program.


          (g) This section shall become inoperative on  January 1,  
          2016    July 1, 2015   and, as of   January 1, 2016,    that date  is  
          repealed, unless a later enacted statute, that becomes  
          operative on or before January 1, 2016, deletes or extends  
          the dates on which it becomes inoperative and is repealed.


          SEC. 2. Section 1569.23 is added to the Health and Safety  
          Code, to read:


          1569.23. (a) As a requirement for licensure, the applicant  
          shall demonstrate that he or she has successfully completed  
          a certification program approved by the department.


          (b) The certification program shall consist of both of the  
          following:


          (1) One hundred hours of coursework, at least   40  60  hours  
          of which shall be attended in person.


          (2) A state-administered examination consisting of no less  
          than 100 questions. The examination shall reflect the  
          uniform core of knowledge required pursuant to subdivision  
          (c).


          (c) The certification program shall include a uniform core  
          of knowledge which shall include all of the following:


          (1) Law, including   personal rights,   regulations, policies,  
          and procedural standards that impact the operations of  
          residential care facilities for the elderly.


          (2) Business operations.






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          (3) Management and supervision of staff.


          (4) Psychosocial need of the elderly residents.


          (5) Physical needs for elderly residents.


          (6) Community and support services.


          (7) Medication management, including use, misuse, and  
          interaction of drugs commonly used by the elderly,  
          including antipsychotics  and the adverse effects of  
          psychotropic drugs for use in controlling the behavior of  
          persons with dementia .


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


          (9) Managing Alzheimer's disease and related dementias,  
           including nonpharmacologic, person-centered approaches to  
          dementia care.  


          (10) Managing the physical environment, including  
          maintenance and housekeeping.


           (11) Residents' rights, and the importance of initial and  
          ongoing training for all staff to ensure residents' rights  
          are fully respected and implemented.


          (12) Cultural competency and sensitivity in issues relating  
          to the underserved aging lesbian, gay, bisexual, and  
          transgender community.


          (13) Postural supports, restricted health conditions and  
          hospice care.  





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          (d) Successful completion of the certification program  
          shall be demonstrated by passing the state-administered  
          examination and submitting a fee of one hundred dollars  
          ($100) to the department for the issuance of a certificate  
          of completion.


          (e) (1) The department shall establish by regulation the  
          program content, the testing instrument, process for  
          approving certification programs, and criteria to be used  
          for authorizing individuals or organizations to conduct  
          certification programs. These regulations shall be  
          developed with the participation of provider organizations.


          (2) The department shall ensure that the examination  
          consists of at least 100 questions and allows an applicant  
          to have access to the California Residential Care Facility  
          for the Elderly Act, related regulations, and the evaluator  
          manual during the examination. The department, no later  
          than July 1 of every  other  year, shall review and revise  
          the examination   to reflect changes in law and regulations    
          in order to ensure the rigor and quality of the  
          examination.  Each year, the department shall ensure by  
          January 1 that the exam is not in conflict with current  
          law.  The department may convene a stakeholder group to  
          assist in developing and reviewing test questions.


          (f) This section shall apply to all applications for  
          licensure unless the applicant provides evidence that he or  
          she has a current license for another residential care  
          facility for the elderly which was initially licensed prior  
          to July 1, 1989, or has successfully completed an approved  
          certification program within the prior five years.


          (g) If the applicant is a firm, partnership, association,  
          or corporation, the chief executive officer, or other  
          person serving in a like capacity, or the designated  
          administrator of the facility shall provide evidence of  
          successfully completing an approved certification program.






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          (h) This section shall become operative on  January 1, 2016   
            July 1, 2015   .


          SEC. 3. Section 1569.625 of the Health and Safety Code is  
          amended to read:


          1569.625. (a)  The Legislature finds that the quality of  
          services provided to residents of residential care  
          facilities for the elderly is dependent upon the training  
          and skills of staff. It is the intent of the Legislature in  
          enacting this section to ensure that direct-care staff have  
          the knowledge and proficiency to carry out the tasks of  
          their jobs.


          (b)  The department shall 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. This training  
          shall consist of 10 hours of training within the first four  
          weeks of employment and four hours annually thereafter.  
          This training shall be administered on the job, or in a  
          classroom setting, or any combination of the two. The  
          department shall establish, in consultation with provider  
          organizations, the subject matter required for this  
          training.


          (c)  The training shall include, but not be limited to, all  
          of the following:


          (1)  Physical limitations and needs of the elderly.


          (2)  Importance and techniques for personal care services.


          (3)  Residents' rights.


          (4)  Policies and procedures regarding medications.





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          (5)  Psychosocial needs of the elderly.


          (d) This section shall become inoperative on  January 1,  
          2016    July 1, 2015   and, as of  January 1, 2016,    that date  is  
          repealed, unless a later enacted statute, that becomes  
          operative on or before January 1, 2016, deletes or extends  
          the dates on which it becomes inoperative and is repealed.


          SEC. 4. Section 1569.625 is added to the Health and Safety  
          Code, to read:


          1569.625. (a) The Legislature finds that the quality of  
          services provided to residents of residential care  
          facilities for the elderly is dependent upon the training  
          and skills of the staff. It is the intent of the  
          Legislature in enacting this section to ensure that  
          direct-care staff have the knowledge and proficiency to  
          carry out the tasks of their jobs.


          (b) (1) The department shall 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. This training  
          shall consist of 40 hours of training to be completed  
          before a staff member begins working independently with  
          residents. The 40 hours of training shall consist of 24  
          hours of coursework training prior to resident contact,  
          including 12 hours specific to dementia care, as required  
          by subdivision (a) of Section 1569.626  and 4 hours specific  
          to postural supports, restricted health conditions and  
          hospice care, as required by subdivision (a) of Section  
          1569.696  . The training coursework may utilize various  
          methods of instruction, including, but not limited to,  
          lectures, instructional videos, and interactive online  
          courses. The additional 16 hours shall be hands-on  
          training.


          (2) In addition to paragraph (1), training requirements  





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          shall also include an additional   12  20  hours annually,  
          including the first year of employment, eight hours of  
          which shall be dementia care training, as required by  
          subdivision (b) of Section 1569.626  and 2 hours specific to  
          postural supports, restricted health conditions and hospice  
          care, as required by subdivision (a) of Section 1569.696.  
          This training shall be administered on the job, or in a  
          classroom setting, or any combination of the two.  


          (3) The department shall establish, in consultation with  
          provider organizations, the subject matter required for the  
          training required by this section.


          (c) The training shall include, but not be limited to, all  
          of the following:


          (1) Physical limitations and needs of the elderly.


          (2) Importance and techniques for personal care services.


          (3) Residents' rights.


          (4) Policies and procedures regarding medications.


          (5) Psychosocial needs of the elderly.


          (6) Dementia care, including the  use and  misuse of  
          antipsychotics  and interaction of drugs commonly used by  
          the elderly, and the adverse effects of psychotropic drugs  
          for use in controlling the behavior of persons with  
          dementia,  as required by Section 1569.626   .


           (7) The special needs of persons with Alzheimer's disease  
          and dementia, including nonpharmacologic person-centered  
          approaches to dementia care.






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           (9) Cultural competency and sensitivity in issues relating  
          to the underserved aging lesbian, gay, bisexual, and  
          transgender community.


          (d)  This section shall not apply to certified nurse  
          assistants, certified pursuant to Section 1337.2, licensed  
          vocational nurses, certified pursuant to Business and  
          Professions Code Section 2859, and registered nurses,  
          certified pursuant to Business and Professions Code Section  
          2725 except both of the following:


          (1) A licensed or certified health professional with valid  
          certification shall receive eight hours of training prior  
          to providing direct care to residents, on resident  
          characteristics, resident records, and facility practices  
          and procedures.


          (2)  A Certified nurse assistant shall also receive the 12  
          hours of dementia care training specified in Section  
          1569.626 and the ongoing training specified in Section  
          1569.625(b)(2).


          (e)  This section shall become operative on  January 1, 2016   
            July 1, 2015   .


          SEC. 5. Section 1569.626 of the Health and Safety Code is  
          amended to read:


          1569.626. (a) All residential care facilities for the  
          elderly that advertise or promote special care, special  
          programming, or a special environment for persons with  
          dementia, in addition to complying with the training  
          requirements described in Section 1569.625, shall meet the  
          following training requirements for all direct care staff:


           (a)  (1) Six hours of resident care orientation within the  
          first four weeks of employment. All six hours shall be  





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          devoted to the care of persons with dementia. The facility  
          may utilize various methods of  instruction  instruction,  
          including, but not limited to, preceptorship, mentoring,  
          and other forms of observation and demonstration. The  
          orientation time shall be exclusive of any administrative  
          instruction.


           (b) (2) Eight hours of in-service training per year on the  
          subject of serving residents with dementia. This training  
          shall be developed in consultation with individuals or  
          organizations with specific expertise in dementia care or  
          by an outside source with expertise in dementia care. In  
          formulating and providing this training, reference may be  
          made to written materials and literature on dementia and  
          the care and treatment of persons with dementia. This  
          training requirement may be satisfied in one day or over a  
          period of time. This training requirement may be provided  
          at the facility or offsite and may include a combination of  
          observation and practical application.


          (b) This section shall become inoperative on  January 1,  
          2016    July 1, 2015   and, as of   January 1, 2016,    that date  is  
          repealed, unless a later enacted statute, that becomes  
          operative on or before January 1, 2016, deletes or extends  
          the dates on which it becomes inoperative and is repealed.


          SEC. 6. Section 1569.626 is added to the Health and Safety  
          Code, to read:


          1569.626. (a) All residential care facilities for the  
          elderly shall meet the following training requirements, as  
          described in Section 1569.625, for all direct care staff:


          (1) Twelve hours of dementia care training before a staff  
          member begins working independently with residents. All 12  
          hours shall be devoted to the care of persons with  
          dementia. The facility may utilize various methods of  
          instruction, including, but not limited to, preceptorship,  
          mentoring, and other forms of observation and  
          demonstration. The orientation time shall be exclusive of  





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          any administrative instruction.


          (2) Eight hours of in-service training per year on the  
          subject of serving residents with dementia. This training  
          shall be developed in consultation with individuals or  
          organizations with specific expertise in dementia care or  
          by an outside source with expertise in dementia care. In  
          formulating and providing this training, reference may be  
          made to written materials and literature on dementia and  
          the care and treatment of persons with dementia. This  
          training requirement may be satisfied in one day or over a  
          period of time. This training requirement may be provided  
          at the facility or offsite and may include a combination of  
          observation and practical application.


          (b) This section shall become operative on  January 1, 2016   
            July 1, 2015   .


          SEC. 7. 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.





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