AB 1570, as amended, 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 $100 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, effective January 1, 2016, instead, require the certification program for an applicant for licensure to consist ofbegin delete 100end deletebegin insert 80end insert hours of coursework and a state-administered examination of no less than 100 questions. The bill would require the examination to reflect the uniform core of knowledge required and would require the department, no later than July 1, 2016, and every other year thereafter, to review and revise the examination to reflect changes in
law and regulations in order to ensure the rigor and quality of the examination.begin delete The bill would also change the certification fee to an amount not to exceed $150.end delete The bill would require staff members of residential care facilities for the elderly who assist residents with personal activities of daily living to receive 20 hours of training before working independently with residents, an additional 20 hours within the first 4 weeks of employment, and an additional 20 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.
begin insertThis bill would incorporate additional changes to Section 1569.625 of the Health and Safety Code proposed by AB 2044 that would become operative if this bill and AB 2044 are both enacted and this bill is enacted last.
end insertThe 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 insertThis bill would become operative only if SB 911 is enacted and takes effect on or before January 1, 2015.
end insertVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 1569.23 of the Health and Safety Code
2 is amended to read:
(a) As a requirement for licensure, the applicant
4shall demonstrate that he or she has successfully completed a
5certification program approved by the department.
6(b) The certification program shall be for a minimum of 40
7hours of classroom instruction and include a uniform core of
8knowledge which shall include all of the following:
9(1) Law, regulations, policies, and procedural standards that
10impact the operations of residential care facilities for the elderly.
11(2) Business operations.
12(3) Management and supervision of staff.
13(4) Psychosocial need of the elderly residents.
14(5) Physical needs for elderly residents.
15(6) Community and support services.
16(7) Use, misuse, and interaction of drugs commonly used by
17the elderly.
18(8) Resident admission, retention, and assessment procedures.
19(c) Successful completion of the certification program shall be
20demonstrated by passing a written test and submitting a fee of one
21hundred dollars ($100) to the department for the issuance of a
22certificate of completion.
23(d) The department shall establish by regulation the program
24content, the
testing instrument, process for approving certification
25programs, and criteria to be used for authorizing individuals or
26organizations to conduct certification programs. These regulations
27shall be developed with the participation of provider organizations.
28(e) This section shall apply to all applications for licensure
29unless the applicant provides evidence that he or she has a current
30license for another residential care facility for the elderly which
31was initially licensed prior to July 1, 1989, or has successfully
32completed an approved certification program within the prior five
33years.
34(f) If the applicant is a firm, partnership, association, or
35corporation, the chief executive officer, or other person serving in
36a like capacity, or the designated administrator of the facility, shall
37provide evidence of successfully completing an approved
38certification program.
P4 1(g) This section shall remain in effect only until January 1, 2016,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2016, deletes or extends that date.
Section 1569.23 is added to the Health and Safety
5Code, to read:
(a) As a requirement for licensure, the applicant shall
7demonstrate that he or she has successfully completed a
8certification program approved by the department.
9(b) The certification program shall consist of both of the
10following:
11(1) begin deleteOne hundred end deletebegin insertEighty end inserthours of coursework, at least 60 hours
12of which shall be attended in person.
13(2) A state-administered examination consisting of no less than
14100 questions. The examination shall
reflect the uniform core of
15knowledge required pursuant to subdivision (c).
16(c) The certification program shall include a uniform core of
17knowledge which shall include all of the following:
18(1) Law, including regulations, policies, and procedural
19standards that impact the operations of residential care facilities
20for the elderly.
21(2) Business operations.
22(3) Management and supervision of staff.
23(4) Psychosocial need of the elderly residents.
24(5) Physical needs for elderly residents.
25(6) Community and support services.
26(7) Medication management, including use, misuse, and
27interaction of drugs commonly used by the elderly, including
28antipsychotics, and the adverse effects of psychotropic drugs for
29use in controlling the behavior of persons with dementia.
30(8) Resident admission, retention, and assessment procedures.
31(9) Managing Alzheimer’s disease and related dementias,
32including nonpharmacologic, person-centered approaches to
33dementia care.
34(10) Managing the physical environment, including maintenance
35and housekeeping.
36(11) Residents’ rights, and the importance of initial and ongoing
37training for all staff to ensure residents’ rights are fully respected
38and implemented.
P5 1(12) Cultural competency and sensitivity in issues relating to
2the underserved, aging, lesbian, gay, bisexual, and transgender
3community.
4(13) Postural supports, restricted health conditions, and hospice
5care.
6(d) Successful completion of the certification program shall be
7demonstrated by passing the state-administered examination and
8submitting a feebegin delete not to exceed one hundred fifty dollars ($150)end deletebegin insert
of
9one hundred dollars ($100)end insert to the department for the issuance of
10a certificate of completion.
11(e) (1) The department shall establish by regulation the program
12content, the testing instrument, process for approving certification
13programs, and criteria to be used for authorizing individuals or
14organizations to conduct certification programs. These regulations
15shall be developed with the participation of provider organizations.
16(2) The department shall ensure that the examination consists
17of at least 100 questions and allows an applicant to have access to
18the California Residential Care Facility for the Elderly Act and
19related regulations during the examination. The department, no
20later than July 1 of every other year, shall review and revise the
21examination in order to ensure the rigor and quality of the
22examination.
Each year, the department shall ensure by January 1
23that the exam is not in conflict with current law. The department
24may convene a stakeholder group to assist in developing and
25reviewing test questions.
26(f) This section shall apply to all applications for licensure unless
27the applicant provides evidence that he or she has a current license
28for another residential care facility for the elderly which was
29initially licensed prior to July 1, 1989, or has successfully
30completed an approved certification program within the prior five
31years.
32(g) If the applicant is a firm, partnership, association, or
33corporation, the chief executive officer, or other person serving in
34a like capacity, or the designated administrator of the facility, shall
35provide evidence of successfully completing an approved
36certification program.
37(h) This section shall become operative on January 1, 2016.
Section 1569.625 of the Health and Safety Code is
39amended to read:
(a) The Legislature finds that the quality of services
2provided to residents of residential care facilities for the elderly is
3dependent upon the training and skills of staff. It is the intent of
4the Legislature in enacting this section to ensure that direct-care
5staff have the knowledge and proficiency to carry out the tasks of
6their jobs.
7(b) The department shall adopt regulations to require staff
8members of residential care facilities for the elderly who assist
9residents with personal activities of daily living to receive
10appropriate training. This training shall consist of 10 hours of
11training within the first four weeks of employment and four hours
12annually thereafter. This training shall be administered on the job,
13
or in a classroom setting, or any combination of the two. The
14department shall establish, in consultation with provider
15organizations, the subject matter required for this training.
16(c) The training shall include, but not be limited to, all of the
17following:
18(1) Physical limitations and needs of the elderly.
19(2) Importance and techniques for personal care services.
20(3) Residents’ rights.
21(4) Policies and procedures regarding medications.
22(5) Psychosocial needs of the elderly.
23(d) This section shall remain in effect only until January 1,
2016,
24and as of that date is repealed, unless a later enacted statute, that
25is enacted before January 1, 2016, deletes or extends that date.
begin insertSection 1569.625 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
27amended to read:end insert
(a) The Legislature finds that the quality of services
29provided to residents of residential care facilities for the elderly is
30dependent upon the training and skills of staff. It is the intent of
31the Legislature in enacting this section to ensure that direct-care
32staff have the knowledge and proficiency to carry out the tasks of
33their jobs.
34(b) The department shall adopt regulations to require staff
35members of residential care facilities for the elderly who assist
36residents with personal activities of daily living to receive
37appropriate training. This training shall consist of 10 hours of
38training within the first four weeks of employment and four hours
39annually thereafter. This training shall be administered on the job,
40
or in a classroom setting, or any combination of the two. The
P7 1department shall establish, in consultation with provider
2organizations, the subject matter required for this training.
3(c) The training shall include, but not be limited to,begin insert all ofend insert the
4following:
5(1) Physical limitations and needs of the elderly.
6(2) Importance and techniques for personal care services.
7(3) Residents’ rights.
8(4) Policies and procedures regarding medications.
9(5) Psychosocial needs of the elderly.
begin insert
10(6) Building and fire safety and the appropriate response to
11emergencies.
12(d) This section shall remain in effect only until January 1, 2016,
13and as of that date is repealed, unless a later enacted statute, that
14is enacted before January 1, 2016, deletes or extends that date.
Section 1569.625 is added to the Health and Safety
16Code, to read:
(a) The Legislature finds that the quality of services
18provided to residents of residential care facilities for the elderly is
19dependent upon the training and skills of the staff. It is the intent
20of the Legislature in enacting this section to ensure that direct-care
21staff have the knowledge and proficiency to carry out the tasks of
22their jobs.
23(b) (1) The department shall adopt regulations to require staff
24members of residential care facilities for the elderly who assist
25residents with personal activities of daily living to receive
26appropriate training. This training shall consist of 40 hours training.
27A staff member shall complete 20 hours, including six hours
28specific to dementia care, as required by subdivision (a) of
Section
291569.626 and four hours specific to postural supports, restricted
30health conditions, and hospice care, as required by subdivision (a)
31of Section 1569.696, before working independently with residents.
32The remaining 20 hours shall include six hours specific to dementia
33care and shall be completed within the first four weeks of
34employment. The training coursework may utilize various methods
35of instruction, including, but not limited to, lectures, instructional
36videos, and interactive online courses. The additional 16 hours
37shall be hands-on training.
38(2) In addition to paragraph (1), training requirements shall also
39include an additional 20 hours annually, eight hours of which shall
40be dementia care training, as required by subdivision (a) of Section
P8 11569.626, and four hours of which shall be specific to postural
2supports, restricted health conditions, and hospice care, as required
3by subdivision (a) of Section 1569.696. This training
shall be
4administered on the job, or in a classroom setting, or both, and
5may include online training.
6(3) The department shall establish, in consultation with provider
7organizations, the subject matter required for the training required
8by this section.
9(c) The training shall include, but not be limited to, all of the
10following:
11(1) Physical limitations and needs of the elderly.
12(2) Importance and techniques for personal care services.
13(3) Residents’ rights.
14(4) Policies and procedures regarding medications.
15(5) Psychosocial needs of the elderly.
16(6) Dementia care, including the use and misuse of
17antipsychotics, the interaction of drugs commonly used by the
18elderly, and the adverse effects of psychotropic drugs for use in
19controlling the behavior of persons with dementia.
20(7) The special needs of persons with Alzheimer’s disease and
21dementia, including nonpharmacologic, person-centered approaches
22to dementia care.
23(8) Cultural competency and sensitivity in issues relating to the
24underserved, aging, lesbian, gay, bisexual, and transgender
25community.
26(d) This section shall not apply to certified nurse assistants,
27certified pursuant to Article 9 (commencing with Section 1337)
28of Chapter 2, licensed vocational nurses, licensed pursuant to
29Chapter 6.5 (commencing with Section 2840) of Division 2 of the
30
Business and Professions Code, and registered nurses, licensed
31pursuant to Chapter 6 (commencing with Section 2700) of Division
322 of the Business and Professions Code, except both of the
33following shall apply:
34(1) A licensed or certified health professional with valid
35certification shall receive eight hours of training on resident
36characteristics, resident records, and facility practices and
37procedures prior to providing direct care to residents.
38(2) In addition to paragraph (1), a certified nurse assistant shall
39also receive the 12 hours of dementia care training specified in
P9 1Section 1569.626 and the annual training specified in paragraph
2(2) of subdivision (b).
3(e) This section shall become operative on January 1, 2016.
begin insertSection 1569.625 is added to the end insertbegin insertHealth and Safety
5
Codeend insertbegin insert, to read:end insert
(a) The Legislature finds that the quality of services
7provided to residents of residential care facilities for the elderly
8is dependent upon the training and skills of staff. It is the intent of
9the Legislature in enacting this section to ensure that direct-care
10staff have the knowledge and proficiency to carry out the tasks of
11their jobs.
12(b) (1) The department shall adopt regulations to require staff
13members of residential care facilities for the elderly who assist
14residents with personal activities of daily living to receive
15appropriate training. This training shall consist of 40 hours of
16training. A staff member shall complete 20 hours, including six
17hours specific to dementia care, as required by subdivision (a) of
18
Section 1569.626 and four hours specific to postural supports,
19restricted health conditions, and hospice care, as required by
20subdivision (a) of Section 1569.696, before working independently
21with residents. The remaining 20 hours shall include six hours
22specific to dementia care and shall be completed within the first
23four weeks of employment. The training coursework may utilize
24various methods of instruction, including, but not limited to,
25lectures, instructional videos, and interactive online courses. The
26additional 16 hours shall be hands-on training.
27(2) In addition to paragraph (1), training requirements shall
28also include an additional 20 hours annually, eight hours of which
29shall be dementia care training, as required by subdivision (a) of
30Section 1569.626, and four hours of which shall be specific to
31postural supports, restricted health conditions, and hospice care,
32as required by subdivision (a) of Section 1569.696. This training
33
shall be administered on the job, or in a classroom setting, or both,
34and may include online training.
35(3) The department shall establish, in consultation with provider
36organizations, the subject matter required for the training required
37by this section.
38(c) The training shall include, but not be limited to, all of the
39following:
40(1) Physical limitations and needs of the elderly.
P10 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.
7(7) Dementia care, including the use and misuse of
8antipsychotics, the interaction of drugs commonly used by the
9elderly, and the adverse effects of psychotropic drugs for use in
10controlling the behavior of persons with dementia.
11(8) The special needs of persons with Alzheimer’s disease and
12dementia, including nonpharmacologic, person-centered
13approaches to dementia care.
14(9) Cultural competency and sensitivity in issues relating to the
15underserved, aging, lesbian, gay, bisexual, and transgender
16community.
17(d) This section shall not apply to certified nurse assistants,
18certified pursuant to Article 9 (commencing with
Section 1337) of
19Chapter 2, licensed vocational nurses, licensed pursuant to Chapter
206.5 (commencing with Section 2840) of Division 2 of the Business
21and Professions Code, and registered nurses, licensed pursuant
22to Chapter 6 (commencing with Section 2700) of Division 2 of the
23Business and Professions Code, except both of the following shall
24apply:
25(1) A licensed or certified health professional with valid
26certification shall receive eight hours of training on resident
27characteristics, resident records, and facility practices and
28procedures prior to providing direct care to residents.
29(2) In addition to paragraph (1), a certified nurse assistant shall
30also receive the 12 hours of dementia care training specified in
31Section 1569.626 and the annual training specified in paragraph
32(2) of subdivision (b).
33(e) This section shall become operative on January 1, 2016.
Section 1569.626 of the Health and Safety Code is
35amended to read:
(a) All residential care facilities for the elderly that
37advertise or promote special care, special programming, or a special
38environment for persons with dementia, in addition to complying
39with the training requirements described in Section 1569.625, shall
40meet the following training requirements for all direct care staff:
P11 1(1) Six hours of resident care orientation within the first four
2weeks of employment. All six hours shall be devoted to the care
3of persons with dementia. The facility may utilize various methods
4of instruction, including, but not limited to, preceptorship,
5mentoring, and other forms of observation and demonstration. The
6orientation time shall be exclusive of any administrative instruction.
7(2) Eight hours of in-service training per year on the subject of
8serving residents with dementia. This training shall be developed
9in consultation with individuals or organizations with specific
10expertise in dementia care or by an outside source with expertise
11in dementia care. In formulating and providing this training,
12reference may be made to written materials and literature on
13dementia and the care and treatment of persons with dementia.
14This training requirement may be satisfied in one day or over a
15period of time. This training requirement may be provided at the
16facility or offsite and may include a combination of observation
17and practical application.
18(b) This section shall remain in effect only until January 1, 2016,
19and as of that date is repealed, unless a later enacted statute, that
20is enacted before January 1, 2016, deletes or extends that date.
Section 1569.626 is added to the Health and Safety
22Code, to read:
(a) All residential care facilities for the elderly shall
24meet the following training requirements, as described in Section
251569.625, for all direct care staff:
26(1) Twelve hours of dementia care training, six of which shall
27be completed before a staff member begins working independently
28with residents, and the remaining six hours of which shall be
29completed within the first four weeks of employment. All 12 hours
30shall be devoted to the care of persons with dementia. The facility
31may utilize various methods of instruction, including, but not
32limited to, preceptorship, mentoring, and other forms of observation
33and demonstration. The orientation time shall be exclusive of any
34administrative instruction.
35(2) Eight hours of in-service training per year on the subject of
36serving residents with dementia. This training shall be developed
37in consultation with individuals or organizations with specific
38expertise in dementia care or by an outside source with expertise
39in dementia care. In formulating and providing this training,
40reference may be made to written materials and literature on
P12 1dementia and the care and treatment of persons with dementia.
2This training requirement may be satisfied in one day or over a
3period of time. This training requirement may be provided at the
4facility or offsite and may include a combination of observation
5and practical application.
6(b) This section shall become operative on January 1, 2016.
Sections 3.5 and 4.5 of this bill incorporate
8amendments to Section 1569.625 of the Health and Safety Code
9proposed by both this bill and Assembly Bill 2044. They shall only
10become operative if (1) both bills are enacted and become effective
11on or before January 1, 2015, (2) each bill amends Section
121569.625 of the Health and Safety Code, and (3) this bill is enacted
13after Assembly Bill
2044, in which case Sections 3 and 4 of this
14bill shall not become operative.
No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution because
18the only costs that may be incurred by a local agency or school
19district will be incurred because this act creates a new crime or
20infraction, eliminates a crime or infraction, or changes the penalty
21for a crime or infraction, within the meaning of Section 17556 of
22the Government Code, or changes the definition of a crime within
23the meaning of Section 6 of Article XIII B of the California
24Constitution.
This act shall become operative only if Senate Bill 911
26is enacted and takes effect on or before January 1, 2015.
O
94