Amended in Assembly April 21, 2014

Amended in Assembly April 1, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2044

Introduced by Assembly Member Rodriguez

February 20, 2014

An act to amend begin delete Section 1569.618 of, and to add Section 1569.629 to, end delete begin insert Sections 1569.618 and 1569.625 of end insert 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 other person designated by the administrator who is at least 21 years of age be on the premises of the facility 24 hours per begin delete day and would require a minimum of one staff member who assists residents with personal activities of daily living per 16 residents be on the premises 24 hours per day. end delete begin insert day. end insert 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. begin insert Existing law requires that the training include specified topics. end insert

This bill would require that this training also include begin delete specified topics, including, among others, end delete building and fire safety and the appropriate response to begin delete emergencies, abuse, neglect, and financial exploitation prevention, and reporting requirements. end delete begin insert emergencies. end insert

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

1569.618.  

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

(b)  begin delete (1) end delete begin delete   end delete At least one administrator, facility manager, or other
person designated by the administrator who is at least 21 years of
age shall be on the premises 24 hours per day.

begin delete

(2) A minimum of one staff member who assists residents with
personal activities of daily living per 16 residents shall be on the
premises 24 hours per day.

end delete

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

(1) Provide the care required in each resident’s negotiated
service begin delete agreement during all hours of the day. end delete begin insert agreement. end insert

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

(3) Ensure that at least one staff member who has
cardiopulmonary resuscitation (CPR) training and first aid training
is on duty and on the premises at all times.

begin delete

(4) Ensure that the interior and exterior of the facility is
maintained in a safe and clean manner.

end delete begin insert

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

end insert

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

begin delete

SEC. 2.  

Section 1569.629 is added to the Health and Safety
Code, immediately following Section 1569.628, to read:

1569.629.  

The training required under Section 1569.625 shall
also include all of the following topics:

(a) Building and fire safety and the appropriate response to
emergencies.

(b) Abuse, neglect, and financial exploitation prevention as
prescribed by the Department of Justice.

(c) Reporting requirements.

(d) Sanitation and food safety.

(e) Resident health and related problems.

(f) An overview of the staff members’ specific job requirements.

(g) The philosophy and principles of independent living in an
assisted living residence.

(h) The promotion of resident dignity, independence,
self-determination, privacy, and choice.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1569.625 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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) 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 10 hours of
training 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.

(c) The training shall include, but not be limited to, 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) Building and fire safety and the appropriate response to
emergencies.

end insert

SEC. 3.  

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.