California Legislature—2013–14 Regular Session

Assembly Bill No. 1570

Introduced by Assembly Member Chesbro

January 30, 2014

An act to amend Sections 1569.23, 1569.625, and 1569.626 of the Health and Safety Code, relating to care facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 1570, as introduced, Chesbro. Residential care facilities for the elderly.

Existing law provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Violation of these provisions is a misdemeanor. Existing law requires, as a requirement for licensure, that the applicant demonstrate that he or she has successfully completed a certification program approved by the department that includes, at a minimum, 40 hours of classroom instruction, and provides that successful completion of the certification program shall be demonstrated by passing a written test and submitting a fee to the department for the issuance of a certificate of completion. Existing law also requires the department to adopt regulations to require staff members of residential care facilities for the elderly who assist residents with personal activities of daily living to receive appropriate training, which includes 10 hours within the first 4 weeks of employment and 4 hours annually thereafter. Existing law requires all residential care facilities for the elderly that advertise or promote special care, special programming, or a special environment for persons with dementia to meet additional training requirements for all direct staff.

This bill would instead require the certification program for an applicant for licensure to consist of 100 hours of course work and a state-administered exam of no less than 100 questions. The bill would require staff members of residential care facilities for the elderly who assist residents with personal activities of daily living to receive 40 hours of training before working independently with residents, and an additional 12 hours annually, as prescribed. The bill would also apply the training requirements specific to dementia care to all residential care facilities for the elderly.

By expanding the scope of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

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.

begin insert

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

end insert begin insert

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

end insert begin insert

(2) A state-administered exam consisting of no less than 100
questions.

end insert begin delete

(b)

end delete

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

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

(2) Business operations.

(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)  begin delete Use, end delete begin insert Medication management, including use, end insert misuse, and
interaction of drugs commonly used by the elderly begin insert , including
antipsychotics end insert .

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

begin insert

(9) Managing Alzheimer’s disease and related dementias.

end insert begin insert

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

end insert begin delete

(c)

end delete

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

begin delete

(d)

end delete

begin insert ( end insert begin insert e) end insert begin insert   end insert begin insert (1) end insert  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.

begin insert

(2) The department shall ensure that the exam 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 exam. The
department shall review the exam annually and update it as
necessary to prevent conflicts with new or amended laws or
regulations. The department may convene a stakeholder group to
assist in developing and reviewing test questions.

end insert begin delete

(e)

end delete

begin insert ( end insert begin insert f) end insert  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.

begin delete

(f)

end delete

begin insert ( end insert begin insert g) end insert  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.

SEC. 2.  

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)  begin insert (1) end insert begin insert   end insert 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 begin delete 10 end delete begin insert 40 end insert hours of
training begin delete 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. end delete begin insert 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. 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. end insert

begin insert

(2) In addition to paragraph (1), training requirements shall
also include an additional 12 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.

end insert begin insert

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

end insert

(c) The training shall include, but not be limited to, begin insert all of end insert 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.

begin insert

(6) Dementia care, including the misuse of antipsychotics, as
required by Section 1569.626.

end insert

SEC. 3.  

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

1569.626.  

All residential care facilities for the elderly begin delete 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, end delete shall
meet the following training requirements begin insert , as described in Section
1569.62 end insert begin insert 5, end insert for all direct care staff:

(a)  begin delete Six end delete begin insert Twelve end insert hours of begin delete resident care orientation within the first
four weeks of employment. All six end delete begin insert dementia care training before
a staff member begins working independently with residents. All
12 end insert 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. 4.  

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.