Bill Text: CA AB1570 | 2013-2014 | Regular Session | Chaptered
Bill Title: Residential care facilities for the elderly.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-28 - Chaptered by Secretary of State - Chapter 698, Statutes of 2014. [AB1570 Detail]
Download: California-2013-AB1570-Chaptered.html
BILL NUMBER: AB 1570 CHAPTERED
BILL TEXT
CHAPTER 698
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2014
APPROVED BY GOVERNOR SEPTEMBER 28, 2014
PASSED THE SENATE AUGUST 26, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN SENATE AUGUST 18, 2014
AMENDED IN SENATE JUNE 26, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
INTRODUCED BY Assembly Member Chesbro
JANUARY 30, 2014
An act to amend, repeal, and add Sections 1569.23, 1569.625, and
1569.626 of the Health and Safety Code, relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1570, 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 of 80
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 in order to ensure
the rigor and quality of the examination. 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.
This 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.
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.
This bill would become operative only if SB 911 is enacted and
takes effect on or before January 1, 2015.
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.
(b) The certification program shall be for a minimum of 40 hours
of classroom instruction and include a uniform core of knowledge
which shall include all of the following:
(1) Law, 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) Use, misuse, and interaction of drugs commonly used by the
elderly.
(8) Resident admission, retention, and assessment procedures.
(c) Successful completion of the certification program shall be
demonstrated by passing a written test and submitting a fee of one
hundred dollars ($100) to the department for the issuance of a
certificate of completion.
(d) 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.
(e) 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.
(f) 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.
(g) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 2. Section 1569.23 is added to the Health and Safety Code, 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.
(b) The certification program shall consist of both of the
following:
(1) Eighty hours of coursework, at least 60 hours of which shall
be attended in person.
(2) A state-administered examination consisting of no less than
100 questions. The examination shall reflect the uniform core of
knowledge required pursuant to subdivision (c).
(c) The certification program shall include a uniform core of
knowledge which shall include all of the following:
(1) Law, including 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) Medication management, including use, misuse, and interaction
of drugs commonly used by the elderly, including antipsychotics, and
the adverse effects of psychotropic drugs for use in controlling the
behavior of persons with dementia.
(8) Resident admission, retention, and assessment procedures.
(9) Managing Alzheimer's disease and related dementias, including
nonpharmacologic, person-centered approaches to dementia care.
(10) Managing the physical environment, including maintenance and
housekeeping.
(11) Residents' rights, and the importance of initial and ongoing
training for all staff to ensure residents' rights are fully
respected and implemented.
(12) Cultural competency and sensitivity in issues relating to the
underserved, aging, lesbian, gay, bisexual, and transgender
community.
(13) Postural supports, restricted health conditions, and hospice
care.
(d) Successful completion of the certification program shall be
demonstrated by passing the state-administered examination and
submitting a fee of one hundred dollars ($100) to the department for
the issuance of a certificate of completion.
(e) (1) 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.
(2) The department shall ensure that the examination consists of
at least 100 questions and allows an applicant to have access to the
California Residential Care Facility for the Elderly Act and related
regulations during the examination. The department, no later than
July 1 of every other year, shall review and revise the examination
in order to ensure the rigor and quality of the examination. Each
year, the department shall ensure by January 1 that the exam is not
in conflict with current law. The department may convene a
stakeholder group to assist in developing and reviewing test
questions.
(f) 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.
(g) 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.
(h) This section shall become operative on January 1, 2016.
SEC. 3. 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, all of 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.
(d) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 3.5. 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, all of 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.
(d) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 4. Section 1569.625 is added to the Health and Safety Code,
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 the 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) (1) 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 40 hours
training. A staff member shall complete 20 hours, including six hours
specific to dementia care, as required by subdivision (a) of Section
1569.626 and four hours specific to postural supports, restricted
health conditions, and hospice care, as required by subdivision (a)
of Section 1569.696, before working independently with residents. The
remaining 20 hours shall include six hours specific to dementia care
and shall be completed within the first four weeks of employment.
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.
(2) In addition to paragraph (1), training requirements shall also
include an additional 20 hours annually, eight hours of which shall
be dementia care training, as required by subdivision (a) of Section
1569.626, and four hours of which shall be specific to postural
supports, restricted health conditions, and hospice care, as required
by subdivision (a) of Section 1569.696. This training shall be
administered on the job, or in a classroom setting, or both, and may
include online training.
(3) The department shall establish, in consultation with provider
organizations, the subject matter required for the training required
by this section.
(c) The training shall include, but not be limited to, all of 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) Dementia care, including the use and misuse of antipsychotics,
the interaction of drugs commonly used by the elderly, and the
adverse effects of psychotropic drugs for use in controlling the
behavior of persons with dementia.
(7) The special needs of persons with Alzheimer's disease and
dementia, including nonpharmacologic, person-centered approaches to
dementia care.
(8) Cultural competency and sensitivity in issues relating to the
underserved, aging, lesbian, gay, bisexual, and transgender
community.
(d) This section shall not apply to certified nurse assistants,
certified pursuant to Article 9 (commencing with Section 1337) of
Chapter 2, licensed vocational nurses, licensed pursuant to Chapter
6.5 (commencing with Section 2840) of Division 2 of the Business and
Professions Code, and registered nurses, licensed pursuant to Chapter
6 (commencing with Section 2700) of Division 2 of the Business and
Professions Code, except both of the following shall apply:
(1) A licensed or certified health professional with valid
certification shall receive eight hours of training on resident
characteristics, resident records, and facility practices and
procedures prior to providing direct care to residents.
(2) In addition to paragraph (1), a certified nurse assistant
shall also receive the 12 hours of dementia care training specified
in Section 1569.626 and the annual training specified in paragraph
(2) of subdivision (b).
(e) This section shall become operative on January 1, 2016.
SEC. 4.5. Section 1569.625 is added to the Health and Safety Code,
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) (1) 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 40 hours of
training. A staff member shall complete 20 hours, including six hours
specific to dementia care, as required by subdivision (a) of Section
1569.626 and four hours specific to postural supports, restricted
health conditions, and hospice care, as required by subdivision (a)
of Section 1569.696, before working independently with residents. The
remaining 20 hours shall include six hours specific to dementia care
and shall be completed within the first four weeks of employment.
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.
(2) In addition to paragraph (1), training requirements shall also
include an additional 20 hours annually, eight hours of which shall
be dementia care training, as required by subdivision (a) of Section
1569.626, and four hours of which shall be specific to postural
supports, restricted health conditions, and hospice care, as required
by subdivision (a) of Section 1569.696. This training shall be
administered on the job, or in a classroom setting, or both, and may
include online training.
(3) The department shall establish, in consultation with provider
organizations, the subject matter required for the training required
by this section.
(c) The training shall include, but not be limited to, all of 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.
(7) Dementia care, including the use and misuse of antipsychotics,
the interaction of drugs commonly used by the elderly, and the
adverse effects of psychotropic drugs for use in controlling the
behavior of persons with dementia.
(8) The special needs of persons with Alzheimer's disease and
dementia, including nonpharmacologic, person-centered approaches to
dementia care.
(9) Cultural competency and sensitivity in issues relating to the
underserved, aging, lesbian, gay, bisexual, and transgender
community.
(d) This section shall not apply to certified nurse assistants,
certified pursuant to Article 9 (commencing with Section 1337) of
Chapter 2, licensed vocational nurses, licensed pursuant to Chapter
6.5 (commencing with Section 2840) of Division 2 of the Business and
Professions Code, and registered nurses, licensed pursuant to Chapter
6 (commencing with Section 2700) of Division 2 of the Business and
Professions Code, except both of the following shall apply:
(1) A licensed or certified health professional with valid
certification shall receive eight hours of training on resident
characteristics, resident records, and facility practices and
procedures prior to providing direct care to residents.
(2) In addition to paragraph (1), a certified nurse assistant
shall also receive the 12 hours of dementia care training specified
in Section 1569.626 and the annual training specified in paragraph
(2) of subdivision (b).
(e) This section shall become operative on January 1, 2016.
SEC. 5. Section 1569.626 of the Health and Safety Code is amended
to read:
1569.626. (a) 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:
(1) 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.
(2) 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.
(b) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 6. Section 1569.626 is added to the Health and Safety Code,
to read:
1569.626. (a) All residential care facilities for the elderly
shall meet the following training requirements, as described in
Section 1569.625, for all direct care staff:
(1) Twelve hours of dementia care training, six of which shall be
completed before a staff member begins working independently with
residents, and the remaining six hours of which shall be completed
within the first four weeks of employment. All 12 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.
(2) 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.
(b) This section shall become operative on January 1, 2016.
SEC. 7. Sections 3.5 and 4.5 of this bill incorporate amendments
to Section 1569.625 of the Health and Safety Code proposed by both
this bill and Assembly Bill 2044. They shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2015, (2) each bill amends Section 1569.625 of the Health and
Safety Code, and (3) this bill is enacted after Assembly Bill 2044,
in which case Sections 3 and 4 of this bill shall not become
operative.
SEC. 8. 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.
SEC. 9. This act shall become operative only if Senate Bill 911 is
enacted and takes effect on or before January 1, 2015.
