Amended in Senate August 21, 2014

Amended in Senate August 14, 2014

Amended in Senate June 12, 2014

Amended in Assembly April 21, 2014

Amended in Assembly April 1, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2044


Introduced by Assembly Member Rodriguez

February 20, 2014


An act to amend Sections 1569.618 and 1569.625 of the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

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, or designated substitute who is at least 21 years of age and has adequate qualifications, as specified, 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.

begin insert

This bill would incorporate additional changes to Section 1569.625 of the Health and Safety Code proposed by AB 1570 that would become operative if this bill and AB 1570 are both enacted and this bill is enacted last.

end insert

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.

begin delete

This bill would incorporate additional changes to Section 1569.618 of the Health and Safety Code proposed by AB 1571 that would become operative if this bill and AB 1571 are both enacted and this bill is enacted last.

end delete

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

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

P2    1

SECTION 1.  

Section 1569.618 of the Health and Safety Code
2 is amended to read:

3

1569.618.  

(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, or designated
10substitute who is at least 21 years of age and has qualifications
11adequate to be responsible and accountable for the management
P3    1and administration of the facility pursuant to Title 22 of the
2California Code of Regulations shall be on the premises 24 hours
3per day. The designated substitute may be a direct care staff
4member who shall not be required to meet the educational,
5certification, or training requirements of an administrator. The
6designated substitute shall meet qualifications that include, but are
7not limited to, all of the following:

8(1) Knowledge of the requirements for providing care and
9supervision appropriate to each resident of the facility.

10(2) Familiarity with the facility’s planned emergency procedures.

11(3) Training to effectively interact with emergency personnel
12in the event of an emergency call, including an ability to provide
13a resident’s medical records to emergency responders.

14(c) The facility shall employ, and the administrator shall
15schedule, a sufficient number of staff members to do all of the
16following:

17(1) Provide the care required in each resident’s written record
18of care as described in Section 1569.80.

19(2) Ensure the health, safety, comfort, and supervision of the
20residents.

21(3) Ensure that at least one staff member who has
22cardiopulmonary resuscitation (CPR) training and first aid training
23is on duty and on the premises at all times. This paragraph shall
24not be construed to require staff to provide CPR.

25(4) Ensure that the facility is clean, safe, sanitary, and in good
26repair at all times.

27(d) “Facility manager” means a person on the premises with the
28authority and responsibility necessary to manage and control the
29day-to-day operation of a residential care facility for the elderly
30and supervise the clients. The facility manager, licensee, and
31administrator, or any combination thereof, may be the same person
32provided he or she meets all applicable requirements. If the
33administrator is also the facility manager for the same facility, he
34or she shall be limited to the administration and management of
35only one facility.

begin delete
36

SEC. 1.5.  

Section 1569.618 of the Health and Safety Code is
37amended to read:

38

1569.618.  

(a)  The administrator designated by the licensee
39pursuant to paragraph (10) of subdivision (a) of Section 1569.15
40shall be present at the facility during normal working hours. A
P4    1facility manager designated by the licensee with notice to the
2department, shall be responsible for the operation of the facility
3when the administrator is temporarily absent from the facility.

4(b) At least one administrator, facility manager, or designated
5substitute who is at least 21 years of age and has qualifications
6adequate to be responsible and accountable for the management
7and administration of the facility pursuant to Title 22 of the
8California Code of Regulations shall be on the premises 24 hours
9per day. The designated substitute may be a direct care staff
10member who shall not be required to meet the educational,
11certification, or training requirements of an administrator. The
12designated substitute shall meet qualifications that include, but are
13not limited to, all of the following:

14(1) Knowledge of the requirements for providing care and
15supervision appropriate to each resident of the facility.

16(2) Familiarity with the facility’s planned emergency procedures.

17(3) Training to effectively interact with emergency personnel
18in the event of an emergency call, including an ability to provide
19a resident’s medical records to emergency responders.

20(c) The facility shall employ, and the administrator shall
21schedule, a sufficient number of staff members to do all of the
22following:

23(1) Provide the care required in each resident’s written record
24of care as described in Section 1569.80.

25(2) Ensure the health, safety, comfort, and supervision of the
26residents.

27(3) Ensure that at least one staff member who has
28cardiopulmonary resuscitation (CPR) training and first aid training
29is on duty and on the premises at all times. This paragraph shall
30not be construed to require staff to provide CPR.

31(4) Ensure that the facility is clean, safe, sanitary, and in good
32repair at all times.

33(d) “Facility manager” means a person on the premises with the
34authority and responsibility necessary to manage and control the
35day-to-day operation of a residential care facility for the elderly
36and supervise the clients. The facility manager, licensee, and
37administrator, or any combination thereof, may be the same person
38provided he or she meets all applicable requirements. If the
39administrator is also the facility manager for the same facility, he
P5    1or she shall be limited to the administration and management of
2only one facility.

end delete
3

SEC. 2.  

Section 1569.625 of the Health and Safety Code is
4amended to read:

5

1569.625.  

(a) The Legislature finds that the quality of services
6provided to residents of residential care facilities for the elderly is
7dependent upon the training and skills of staff. It is the intent of
8the Legislature in enacting this section to ensure that direct-care
9staff have the knowledge and proficiency to carry out the tasks of
10their jobs.

11(b) The department shall adopt regulations to require staff
12members of residential care facilities for the elderly who assist
13residents with personal activities of daily living to receive
14appropriate training. This training shall consist of 10 hours of
15training within the first four weeks of employment and four hours
16annually thereafter. This training shall be administered on the job,
17or in a classroom setting, or any combination of the two. The
18department shall establish, in consultation with provider
19organizations, the subject matter required for this training.

20(c) The training shall include, but not be limited to, the
21following:

22(1) Physical limitations and needs of the elderly.

23(2) Importance and techniques for personal care services.

24(3) Residents’ rights.

25(4) Policies and procedures regarding medications.

26(5) Psychosocial needs of the elderly.

27(6) Building and fire safety and the appropriate response to
28emergencies.

29begin insert

begin insertSEC. 2.5end insertbegin insert.end insert  

end insert

begin insertSection 1569.625 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
30amended to read:end insert

31

1569.625.  

(a) The Legislature finds that the quality of services
32provided to residents of residential care facilities for the elderly is
33dependent upon the training and skills of staff. It is the intent of
34the Legislature in enacting this section to ensure that direct-care
35staff have the knowledge and proficiency to carry out the tasks of
36their jobs.

37(b) The department shall adopt regulations to require staff
38members of residential care facilities for the elderly who assist
39residents with personal activities of daily living to receive
40appropriate training. This training shall consist of 10 hours of
P6    1training within the first four weeks of employment and four hours
2annually thereafter. This training shall be administered on the job,
3or in a classroom setting, or any combination of the two. The
4department shall establish, in consultation with provider
5organizations, the subject matter required for this training.

6(c) The training shall include, but not be limited to,begin insert all ofend insert the
7following:

8(1) Physical limitations and needs of the elderly.

9(2) Importance and techniques for personal care services.

10(3) Residents’ rights.

11(4) Policies and procedures regarding medications.

12(5) Psychosocial needs of the elderly.

begin insert

13(6) Building and fire safety and the appropriate response to
14emergencies.

end insert
begin insert

15(d) This section shall remain in effect only until January 1, 2016,
16and as of that date is repealed, unless a later enacted statute, that
17is enacted before January 1, 2016, deletes or extends that date.

end insert
18begin insert

begin insertSEC. 2.end insertbegin insert7.end insert  

end insert

begin insertSection 1569.625 is added to the end insertbegin insertHealth and Safety
19Code
end insert
begin insert, to read:end insert

begin insert
20

begin insert1569.625.end insert  

(a) The Legislature finds that the quality of services
21provided to residents of residential care facilities for the elderly
22is dependent upon the training and skills of staff. It is the intent of
23the Legislature in enacting this section to ensure that direct-care
24staff have the knowledge and proficiency to carry out the tasks of
25their jobs.

26(b) (1) The department shall adopt regulations to require staff
27members of residential care facilities for the elderly who assist
28residents with personal activities of daily living to receive
29appropriate training. This training shall consist of 40 hours of
30training. A staff member shall complete 20 hours, including six
31hours specific to dementia care, as required by subdivision (a) of
32Section 1569.626 and four hours specific to postural supports,
33restricted health conditions, and hospice care, as required by
34subdivision (a) of Section 1569.696, before working independently
35with residents. The remaining 20 hours shall include six hours
36specific to dementia care and shall be completed within the first
37four weeks of employment. The training coursework may utilize
38various methods of instruction, including, but not limited to,
39lectures, instructional videos, and interactive online courses. The
40additional 16 hours shall be hands-on training.

P7    1(2) In addition to paragraph (1), training requirements shall
2also include an additional 20 hours annually, eight hours of which
3shall be dementia care training, as required by subdivision (a) of
4Section 1569.626, and four hours of which shall be specific to
5postural supports, restricted health conditions, and hospice care,
6as required by subdivision (a) of Section 1569.696. This training
7 shall be administered on the job, or in a classroom setting, or both,
8and may include online training.

9(3) The department shall establish, in consultation with provider
10organizations, the subject matter required for the training required
11by this section.

12(c) The training shall include, but not be limited to, all of the
13following:

14(1) Physical limitations and needs of the elderly.

15(2) Importance and techniques for personal care services.

16(3) Residents’ rights.

17(4) Policies and procedures regarding medications.

18(5) Psychosocial needs of the elderly.

19(6) Building and fire safety and the appropriate response to
20emergencies.

21(7) Dementia care, including the use and misuse of
22antipsychotics, the interaction of drugs commonly used by the
23elderly, and the adverse effects of psychotropic drugs for use in
24controlling the behavior of persons with dementia.

25(8) The special needs of persons with Alzheimer’s disease and
26dementia, including nonpharmacologic, person-centered
27approaches to dementia care.

28(9) Cultural competency and sensitivity in issues relating to the
29underserved, aging, lesbian, gay, bisexual, and transgender
30community.

31(d) This section shall not apply to certified nurse assistants,
32certified pursuant to Article 9 (commencing with Section 1337) of
33Chapter 2, licensed vocational nurses, licensed pursuant to Chapter
346.5 (commencing with Section 2840) of Division 2 of the Business
35and Professions Code, and registered nurses, licensed pursuant
36to Chapter 6 (commencing with Section 2700) of Division 2 of the
37Business and Professions Code, except both of the following shall
38apply:

39(1) A licensed or certified health professional with valid
40certification shall receive eight hours of training on resident
P8    1characteristics, resident records, and facility practices and
2procedures prior to providing direct care to residents.

3(2) In addition to paragraph (1), a certified nurse assistant shall
4also receive the 12 hours of dementia care training specified in
5Section 1569.626 and the annual training specified in paragraph
6(2) of subdivision (b).

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

end insert
8begin insert

begin insertSEC. end insertbegin insert3end insertbegin insert.end insert  

end insert
begin insert

Sections 2.5 and 2.7 of this bill incorporate
9amendments to Section 1569.625 of the Health and Safety Code
10proposed by both this bill and Assembly Bill 1570. They shall only
11become operative if (1) both bills are enacted and become effective
12on or before January 1, 2015, (2) each bill amends Section
131569.625 of the Health and Safety Code, and (3) this bill is enacted
14after Assembly Bill 1570, in which case Section 2 of this bill shall
15not become operative.

end insert
16

begin deleteSEC. 3.end delete
17begin insertSEC. 4.end insert  

No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district will be incurred because this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
22for a crime or infraction, within the meaning of Section 17556 of
23the Government Code, or changes the definition of a crime within
24the meaning of Section 6 of Article XIII B of the California
25Constitution.

begin delete
26

SEC. 4.  

Section 1.5 of this bill incorporates amendments to
27Section 1569.618 of the Health and Safety Code proposed by both
28this bill and Assembly Bill 1571. It shall only become operative
29if (1) both bills are enacted and become effective on or before
30January 1, 2015, (2) each bill amends Section 1569.618 of the
31Health and Safety Code, and (3) this bill is enacted after Assembly
32Bill 1571, in which case Section 1 of this bill shall not become
33operative.

end delete


O

    94