AB 2044, as amended, Rodriguez. 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. A violation of these provisions is a misdemeanor.
Existing law requires the administrator designated by the licensee to be present at the facility during normal working hours and requires a facility manager, as defined, to be responsible for the operation of the facility when the administrator is temporarily absent from the facility.
This bill would require that at least one administrator, facility manager, orbegin delete other person designated by the administratorend deletebegin insert designated substituteend insert
who is at least 21 years of agebegin insert and has adequate qualifications, as specified,end insert be on the premises of the facility 24 hours per day. The bill would also require the facility to employ, and the administrator to schedule, a sufficient number of staff members, as prescribed.
Existing law requires the department to adopt regulations to require staff members who assist residents with personal activities of daily living to receive appropriate training, which consists of 10 hours of training within the first 4 weeks and 4 hours annually thereafter. Existing law requires that the training include specified topics.
This bill would require that this training also include building and fire safety and the appropriate response to emergencies.
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:
Section 1569.618 of the Health and Safety Code
2 is amended to read:
(a) The administrator designated by the licensee
4pursuant to subdivision (k) of Section 1569.15 shall be present at
5the facility during normal working hours. A facility manager
6designated by the licensee with notice to the department, shall be
7responsible for the operation of the facility when the administrator
8is temporarily absent from the facility.
9(b) At least one administrator, facility manager, orbegin delete other person begin insert designated substitute whoend insert is
10designated by the administrator whoend delete
11at
least 21 years of agebegin insert and has qualifications adequate to be
12responsible and accountable for the management and
13administration of the facility pursuant to Title 22 of the California
14Code of Regulationsend insert shall be on the premises 24 hours per day.
15(c) The facility shall employ, and the administrator shall
16schedule, a sufficient number of staff members to do all of the
17following:
18(1) Provide the care required in each resident’sbegin delete negotiated begin insert written record of care as described in Section
19service agreementend delete
201569.80end insert.
P3 1(2) Ensure the health, safety, comfort, and supervision of the
2residents.
3(3) Ensure that at least one staff member who has
4cardiopulmonary resuscitation (CPR) training and first aid training
5is on duty and on the premises at all times.begin insert This paragraph shall
6not be construed to require staff to provide CPR to a resident who
7has requested to forgo resuscitative measures as indicated by a
8Physician Orders for Life Sustaining Treatment form or a
9do-not-resuscitate order that is made available to the facility.end insert
10(4) Ensure that the facility is clean, safe, sanitary, and in good
11repair at all times.
12(d) “Facility manager” means a person on the premises with the
13authority and responsibility necessary to manage and control the
14day-to-day operation of a residential care facility for the elderly
15and supervise the clients. The facility manager, licensee, and
16administrator, or any combination thereof, may be the same person
17provided he or she meets all applicable requirements. If the
18administrator is also the facility manager for the same facility, he
19or she shall be limited to the administration and management of
20only one facility.
Section 1569.625 of the Health and Safety Code is
22amended to read:
(a) The Legislature finds that the quality of services
24provided to residents of residential care facilities for the elderly is
25dependent upon the training and skills of staff. It is the intent of
26the Legislature in enacting this section to ensure that direct-care
27staff have the knowledge and proficiency to carry out the tasks of
28their jobs.
29(b) The department shall adopt regulations to require staff
30members of residential care facilities for the elderly who assist
31residents with personal activities of daily living to receive
32appropriate training. This training shall consist of 10 hours of
33training within the first four weeks of employment and
four hours
34annually thereafter. This training shall be administered on the job,
35or in a classroom setting, or any combination of the two. The
36department shall establish, in consultation with provider
37organizations, the subject matter required for this training.
38(c) The training shall include, but not be limited to, the
39following:
40(1) Physical limitations and needs of the elderly.
P4 1(2) Importance and techniques for personal care services.
2(3) Residents’ rights.
3(4) Policies and procedures regarding medications.
4(5) Psychosocial needs of the elderly.
5(6) Building and fire safety and the appropriate response to
6emergencies.
No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California
15Constitution.
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