BILL NUMBER: AB 1753 CHAPTERED 09/14/00 CHAPTER 434 FILED WITH SECRETARY OF STATE SEPTEMBER 14, 2000 APPROVED BY GOVERNOR SEPTEMBER 12, 2000 PASSED THE ASSEMBLY AUGUST 10, 2000 PASSED THE SENATE JULY 6, 2000 AMENDED IN SENATE JUNE 29, 2000 AMENDED IN SENATE JUNE 8, 2000 AMENDED IN ASSEMBLY MAY 8, 2000 AMENDED IN ASSEMBLY APRIL 24, 2000 AMENDED IN ASSEMBLY APRIL 10, 2000 AMENDED IN ASSEMBLY MARCH 28, 2000 INTRODUCED BY Assembly Member Romero and Senator Hughes (Principal coauthors: Assembly Members Alquist and Shelley) (Coauthors: Assembly Members Aroner, Bock, Keeley, Kuehl, Lowenthal, Machado, Pescetti, and Washington) (Coauthors: Senators Alpert, Johnston, Rainey, and Solis) JANUARY 13, 2000 An act to amend Sections 1569.15, 1569.33, and 1569.616 of, and to add Sections 1569.626 and 1569.627 to, the Health and Safety Code, relating to Alzheimer's disease. LEGISLATIVE COUNSEL'S DIGEST AB 1753, Romero. Alzheimer's disease and related disorders. Existing law provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Existing law authorizes residential care facilities for the elderly that care for people with dementia, including Alzheimer's disease and related disorders, that meet certain requirements to utilize secured perimeter fences or locked exit doors. A violation of these provisions is subject to criminal sanctions. Existing law requires the Director of Social Services to ensure that operators and staff of residential care facilities for the elderly have appropriate training to provide the care and services for which a license or certificate is issued. This bill would enact the Alzheimer's Training Act of 2000, which would require any residential care facility for the elderly that advertises or promotes special care, special programming, or a special environment for persons with dementia, to meet specified training requirements for all direct care staff. The bill would require these facilities to make designated disclosures to the department and the public regarding the special features of the facility. Existing law provides for the periodic inspection and evaluation of the quality of care in residential care facilities for the elderly, at least once a year. This bill would require that on and after July 1, 2001, as a part of the annual evaluation process, the department conduct a specified review of any residential care facility for the elderly that advertises or promotes special care, special programming, or a special environment for persons with dementia to monitor compliance with the training and disclosure requirements of this bill. Existing law requires that an administrator of a residential care facility for the elderly successfully complete a department approved certification program prior to employment, which includes a minimum 40-hour classroom instruction training requirement and 40 hours of continuing education. This bill would require that the 40 hours of classroom instruction and the 40 hours of continuing education both include instruction on serving clients with dementia. Existing law requires the department to establish, by regulation, the procedures to be used to authorize the conduct of certification programs and continuing education courses for administrators of residential care facilities for the elderly. Existing law requires that the regulations be developed in consultation with provider organizations. This bill would require that these regulations also be developed in consultation with consumer organizations. Because the bill would change the definition of an existing crime, it would impose a state-mandated local program. This bill would incorporate additional changes to Section 1569.616 of the Health and Safety Code proposed by AB 1445, to be operative only if this bill and AB 1445 are both enacted and become effective on or before January 1, 2001, and this bill is enacted last. 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. This act shall be known and may be cited as the Alzheimer's Training Act of 2000. SEC. 2. Section 1569.15 of the Health and Safety Code is amended to read: 1569.15. Any person desiring issuance of a license for a residential care facility for the elderly under this chapter shall file with the department, pursuant to regulations, an application on forms furnished by the department, which shall include, but not be limited to: (a) Evidence satisfactory to the department of the ability of the applicant to comply with this chapter and of rules and regulations adopted under this chapter by the department. (b) Evidence satisfactory to the department that the applicant is of reputable and responsible character. The evidence shall include, but not be limited to, a criminal record clearance pursuant to Section 1569.17, employment history, and character references. If the applicant is a firm, association, organization, partnership, business trust, corporation, or company, like evidence shall be submitted as to the members or shareholders thereof, and the person in charge of the residential care facility for the elderly which application for issuance of license or special permit is made. (c) Evidence satisfactory to the department that the applicant has sufficient financial resources to maintain the standards of service required by regulations adopted pursuant to this chapter. (d) Disclosure of the applicant's prior or present service as an administrator, general partner, corporate officer or director of, or as a person who has held or holds a beneficial ownership of 10 percent or more in, any residential care facility for the elderly or in any facility licensed pursuant to Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), or Chapter 3 (commencing with Section 1500). (e) Disclosure of any revocation or other disciplinary action taken, or in the process of being taken, against a license held or previously held by the entities specified in subdivision (c). (f) Any other information as may be required by the department for the proper administration and enforcement of this chapter. (g) Failure of the applicant to cooperate with the licensing agency in the completion of the application shall result in the denial of the application. Failure to cooperate means that the information described in this section and in regulations of the department has not been provided, or not provided in the form requested by the licensing agency, or both. (h) Following the implementation of Article 7 (commencing with Section 1569.70) evidence satisfactory to the department of the applicant's ability to meet regulatory requirements for the level of care the facility intends to provide. (i) Evidence satisfactory to the department of adequate knowledge of supportive services and other community supports which may be necessary to meet the needs of elderly residents. (j) A signed statement that the person desiring issuance of a license has read and understood the residential care facility for the elderly statute and regulations. (k) Designation by the applicant of the individual who shall be the administrator of the facility, including, if the applicant is an individual, whether or not the licensee shall also be the administrator. (l) Evidence of successfully completing a certified prelicensure education program pursuant to Section 1569.23. (m) For any facility that promotes or advertises or plans to promote or advertise special care, special programming, or special environments for persons with dementia, disclosure to the department of the special features of the facility in its plan of operation. SEC. 3. Section 1569.33 of the Health and Safety Code is amended to read: 1569.33. (a) Every licensed residential care facility for the elderly shall be periodically inspected and evaluated for quality of care by a representative or representatives designated by the director. Evaluations shall be conducted at least once per year and as often as necessary to ensure the quality of care being provided. (b) The department shall notify the residential care facility for the elderly in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility. (c) Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection in the county in which the facility is located. (d) On and after July 1, 2001, as a part of the department's annual evaluation process, the department shall review the plan of operation, training logs, and marketing materials of any residential care facility for the elderly that advertises or promotes special care, special programming, or a special environment for persons with dementia to monitor compliance with Sections 1569.626 and 1569.627. SEC. 4. Section 1569.616 of the Health and Safety Code is amended to read: 1569.616. (a) (1) An administrator of a residential care facility for the elderly shall be required to successfully complete a department approved certification program prior to employment. (2) In those cases where the individual is both the licensee and the administrator of a facility, or a licensed nursing home administrator, the individual shall comply with the requirements of this section unless he or she qualifies for one of the exemptions provided for in subdivision (b). (3) Failure to comply with this section shall constitute cause for revocation of the license of the facility where an individual is functioning as the administrator. The licensee shall notify the department within 30 days of any change in administrators. (b) Individuals seeking exemptions under paragraph (2) of subdivision (a) shall meet the following criteria and fulfill the required portions of the certification program, as the case may be: (1) An individual designated as the administrator of a residential care facility for the elderly who holds a valid license as a nursing home administrator issued in accordance with Chapter 8.5 (commencing with Section 3901) of Division 2 of the Business and Professions Code shall be required to complete the areas in the uniform core of knowledge required by this section that pertain to the law, regulations, policies, and procedural standards that impact the operations of residential care facilities for the elderly, the use, misuse, and interaction of medication commonly used by the elderly in a residential setting, and resident admission, retention, and assessment procedures, equal to 12 hours of classroom instruction. An individual meeting the requirements of this paragraph shall not be required to take a written test. (2) In those cases where the individual was both the licensee and administrator on or before July 1, 1991, the individual shall be required to complete all the areas specified for the certification program but shall not be required to take the written test required by this section. Those individuals exempted from the written test shall be issued a conditional certification that is valid only for the administrator of the facility for which the exemption was granted. (A) As a condition to becoming an administrator of another facility the individual shall be required to pass the written test provided for in this section. (B) As a condition to applying for a new facility license, the individual shall be required to pass the written test provided for in Section 1569.23. (c) (1) The administrator certification program shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas: (A) Laws, regulations, and policies and procedural standards that impact the operations of residential care facilities for the elderly. (B) Business operations. (C) Management and supervision of staff. (D) Psychosocial needs of the elderly. (E) Community and support services. (F) Physical needs for elderly persons. (G) Use, misuse, and interaction of medication commonly used by the elderly. (H) Resident admission, retention, and assessment procedures. (I) Training focused specifically on serving clients with dementia. This training shall be for at least four hours. (2) Individuals applying for certification under this section shall successfully complete an approved certification program, pass a written test administered by the department within 60 days of completing the program, and submit the documentation required by subdivision (d) to the department within 30 days of being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test. (d) The department shall not begin the process of issuing a certificate until receipt of all of the following: (1) A certificate of completion of the administrator training required pursuant to this chapter. (2) The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification. (3) Documentation of passing the written test or of qualifying for an exemption pursuant to subdivision (b). (4) Submission of fingerprints. The department and the Department of Justice shall expedite the criminal record clearance for holders of certificates of completion. The department may waive the submission for those persons who have a current clearance on file. (e) It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a residential care facility for the elderly. Any person willfully making any false representation as being a certified administrator is guilty of a misdemeanor. (f) (1) Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in paragraph (1) of subdivision (c). For purposes of this section, individuals who hold a valid license as a nursing home administrator issued in accordance with Chapter 8.5 (commencing with Section 3901) of Division 2 of the Business and Professions Code and meet the requirements of paragraph (1) of subdivision (b) shall only be required to complete 20 hours of continuing education. (2) Every certified administrator of a residential care facility for the elderly is required to renew his or her certificate and shall complete the continuing education requirements of this subdivision whether he or she is certified according to subdivision (a) or (b). On and after January 1, 2002, at least eight hours of the 40-hour continuing education requirement for a certified administrator of a residential care facility for the elderly shall include instruction on serving clients with dementia, including, but not limited to, instruction related to direct care, physical environment, and admissions procedures and assessment. (3) Certificates issued under this section shall expire every two years, on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after January 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individual's birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required. (4) To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the department's notification of the renewal. A renewal request postmarked on or before the expiration of the certificate is proof of compliance with this paragraph. (5) A suspended or revoked certificate is subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. (6) A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section. (7) A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate. (8) A certificate holder shall inform the department of his or her employment status within 30 days of any change. (g) The department may revoke a certificate issued under this section for any of the following: (1) Procuring a certificate by fraud or misrepresentation. (2) Knowingly making or giving any false statement or information in conjunction with the application for issuance of a certificate. (3) Criminal conviction unless an exemption is granted pursuant to Section 1569.17. (h) The certificate shall be considered forfeited under the following conditions: (1) The administrator has had a license revoked, suspended, or denied as authorized under Section 1569.50. (2) The administrator has been denied employment, residence, or presence in a facility based on action resulting from an administrative hearing pursuant to Section 1569.58. (i) (1) The department shall establish, by regulation, the program content, the testing instrument, the process for approving certification programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification programs and continuing education courses. These regulations shall be developed in consultation with provider and consumer organizations, and shall be made available at least six months prior to the deadline required for certification. The department may deny vendor approval to any agency or person that has not provided satisfactory evidence of their ability to meet the requirements of vendorization set out in the regulations adopted pursuant to subdivision (j). (2) The department may authorize vendors to conduct the administrator certification training program pursuant to provisions set forth in this section. The department shall conduct the written test pursuant to regulations adopted by the department. (3) The department shall prepare and maintain an updated list of approved training vendors. (4) The department may inspect training programs and continuing education courses to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the intent of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list. (5) The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs. (6) The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee not to exceed one hundred dollars ($100) every two years for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision. (j) This section shall be operative upon regulations being adopted by the department to implement the administrator certification program as provided for in this section. (k) The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance. SEC. 4.5. Section 1569.616 of the Health and Safety Code is amended to read: 1569.616. (a) (1) An administrator of a residential care facility for the elderly shall be required to successfully complete a department approved certification program prior to employment. (2) In those cases where the individual is both the licensee and the administrator of a facility, or a licensed nursing home administrator, the individual shall comply with the requirements of this section unless he or she qualifies for one of the exemptions provided for in subdivision (b). (3) Failure to comply with this section shall constitute cause for revocation of the license of the facility where an individual is functioning as the administrator. The licensee shall notify the department within 30 days of any change in administrators. (b) Individuals seeking exemptions under paragraph (2) of subdivision (a) shall meet the following criteria and fulfill the required portions of the certification program, as the case may be: (1) An individual designated as the administrator of a residential care facility for the elderly who holds a valid license as a nursing home administrator issued in accordance with Chapter 8.5 (commencing with Section 3901) of Division 2 of the Business and Professions Code shall be required to complete the areas in the uniform core of knowledge required by this section that pertain to the law, regulations, policies, and procedural standards that impact the operations of residential care facilities for the elderly, the use, misuse, and interaction of medication commonly used by the elderly in a residential setting, and resident admission, retention, and assessment procedures, equal to 12 hours of classroom instruction. An individual meeting the requirements of this paragraph shall not be required to take a written test. (2) In those cases where the individual was both the licensee and administrator on or before July 1, 1991, the individual shall be required to complete all the areas specified for the certification program but shall not be required to take the written test required by this section. Those individuals exempted from the written test shall be issued a conditional certification that is valid only for the administrator of the facility for which the exemption was granted. (A) As a condition to becoming an administrator of another facility the individual shall be required to pass the written test provided for in this section. (B) As a condition to applying for a new facility license, the individual shall be required to pass the written test provided for in Section 1569.23. (c) (1) The administrator certification program shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas: (A) Laws, regulations, and policies and procedural standards that impact the operations of residential care facilities for the elderly. (B) Business operations. (C) Management and supervision of staff. (D) Psychosocial needs of the elderly. (E) Community and support services. (F) Physical needs for elderly persons. (G) Use, misuse, and interaction of medication commonly used by the elderly. (H) Resident admission, retention, and assessment procedures. (I) Training focused specifically on serving clients with dementia. This training shall be for at least four hours. (2) Individuals applying for certification under this section shall successfully complete an approved certification program, pass a written test administered by the department within 60 days of completing the program, and submit the documentation required by subdivision (d) to the department within 30 days of being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test. (d) The department shall not begin the process of issuing a certificate until receipt of all of the following: (1) A certificate of completion of the administrator training required pursuant to this chapter. (2) The fee required for issuance of the certificate. The department shall fix the amount of the fee so that the proceeds of the fees collected are sufficient to cover the department's regulatory enforcement costs, but in no event shall the fee exceed one hundred dollars ($100) . (3) Documentation of passing the written test or of qualifying for an exemption pursuant to subdivision (b). (4) Submission of fingerprints. The department and the Department of Justice shall expedite the criminal record clearance for holders of certificates of completion. The department may waive the submission for those persons who have a current clearance on file. (e) It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a residential care facility for the elderly. Any person willfully making any false representation as being a certified administrator is guilty of a misdemeanor. (f) (1) Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in paragraph (1) of subdivision (c). For purposes of this section, individuals who hold a valid license as a nursing home administrator issued in accordance with Chapter 8.5 (commencing with Section 3901) of Division 2 of the Business and Professions Code and meet the requirements of paragraph (1) of subdivision (b) shall only be required to complete 20 hours of continuing education. (2) Every certified administrator of a residential care facility for the elderly is required to renew his or her certificate and shall complete the continuing education requirements of this subdivision whether he or she is certified according to subdivision (a) or (b). On and after January 1, 2002, at least eight hours of the 40-hour continuing education requirement for a certified administrator of a residential care facility for the elderly shall include instruction on serving clients with dementia, including, but not limited to, instruction related to direct care, physical environment, and admissions procedures and assessment. (3) Certificates issued under this section shall expire every two years, on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after January 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individual's birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required. (4) To renew a certificate, the certificate holder shall, on or before the certificate expiration date, do both of the following: (A) Request renewal by submitting to the department documentation of completion of the required continuing education courses , irrespective of receipt of the department's notification of the renewal. A renewal request postmarked on or before the expiration of the certificate is proof of compliance with this subparagraph. (B) Pay a renewal fee in the amount determined pursuant to paragraph (2) of subdivision (d). (5) A suspended or revoked certificate is subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. (6) A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section. (7) A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate. (8) A certificate holder shall inform the department of his or her employment status within 30 days of any change. (g) The department may revoke a certificate issued under this section for any of the following: (1) Procuring a certificate by fraud or misrepresentation. (2) Knowingly making or giving any false statement or information in conjunction with the application for issuance of a certificate. (3) Criminal conviction unless an exemption is granted pursuant to Section 1569.17. (h) The certificate shall be considered forfeited under the following conditions: (1) The administrator has had a license revoked, suspended, or denied as authorized under Section 1569.50. (2) The administrator has been denied employment, residence, or presence in a facility based on action resulting from an administrative hearing pursuant to Section 1569.58. (i) (1) The department shall establish, by regulation, the program content, the testing instrument, the process for approving certification programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification programs and continuing education courses. These regulations shall be developed in consultation with provider and consumer organizations, and shall be made available at least six months prior to the deadline required for certification. The department may deny vendor approval to any agency or person that has not provided satisfactory evidence of their ability to meet the requirements of vendorization set out in the regulations adopted pursuant to subdivision (j). (2) The department may authorize vendors to conduct the administrator certification training program pursuant to provisions set forth in this section. The department shall conduct the written test pursuant to regulations adopted by the department. (3) The department shall prepare and maintain an updated list of approved training vendors. (4) The department may inspect training programs and continuing education courses to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the intent of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list. (5) The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs. (6) The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee not to exceed one hundred dollars ($100) every two years for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision. (j) This section shall be operative upon regulations being adopted by the department to implement the administrator certification program as provided for in this section. (k) The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance. SEC. 5. Section 1569.626 is added to the Health and Safety Code, to read: 1569.626. 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) Six hours of resident care orientation within the first four weeks of employment. All six 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 any administrative instruction. (b) 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. SEC. 6. Section 1569.627 is added to the Health and Safety Code, to read: 1569.627. Any residential care facility for the elderly that advertises or promotes special care, special programming, or a special environment for persons with dementia shall disclose to the department the special features of the facility in its plan of operation. This information shall be provided to the public by the facility upon request. The information shall include a brief narrative description of all of the following facility features: (a) Philosophy, including, but not limited to, program goals. (b) Preadmission assessment. (c) Admission. (d) Assessment. (e) Program. (f) Staff. (g) Staff training. (h) Physical environment. (i) Changes in condition, including, but not limited to, when and under what circumstances are changes made to a participant's care plan. (j) Success indicators. SEC. 7. Section 4.5 of this bill incorporates amendments to Section 1569.616 of the Health & Safety Code proposed by both this bill and AB 1445. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2001, (2) each bill amends Section 1569.616 of the Health & Safety Code, and (3) this bill is enacted after AB 1445, in which case Section 4 of this bill shall not become operative. SEC. 8. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.