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 Bill No. 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.

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 insert

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 insert

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

begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert

(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 written record
of care as described in Section 1569.80.

(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. This paragraph shall
not be construed to require staff to provide begin delete CPR to a resident who
has requested to forgo resuscitative measures as indicated by a
Physician Orders for Life Sustaining Treatment form or a
do-not-resuscitate order that is made available to the facility. end delete begin insert CPR. end insert

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

(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 insert

begin insert SEC. 1.5. end insert   

end insert

begin insert Section 1569.618 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1569.618.  

(a)  The administrator designated by the licensee
pursuant to begin delete subdivision (k) end delete begin insert paragraph (1 end insert begin insert 0) of subdivision (a) end insert 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.

begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

(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. This paragraph shall
not be construed to require staff to provide CPR.

end insert begin insert

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

end insert begin delete

(b)

end delete

begin insert ( end insert begin insert d) end insert  “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.

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) 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.

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

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.

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

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

end insert