Bill Text: CA AB2044 | 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 701, Statutes of 2014. [AB2044 Detail]
Download: California-2013-AB2044-Chaptered.html
BILL NUMBER: AB 2044 CHAPTERED
BILL TEXT
CHAPTER 701
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2014
APPROVED BY GOVERNOR SEPTEMBER 28, 2014
PASSED THE SENATE AUGUST 25, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
AMENDED IN SENATE AUGUST 21, 2014
AMENDED IN SENATE AUGUST 14, 2014
AMENDED IN SENATE JUNE 12, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
AMENDED IN ASSEMBLY APRIL 1, 2014
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, 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.
This bill would incorporate additional changes to Section 1569.625
of the Health and Safety Code proposed by AB 1570 that would become
operative if this bill and AB 1570 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.
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. 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:
(1) Knowledge of the requirements for providing care and
supervision appropriate to each resident of the facility.
(2) Familiarity with the facility's planned emergency procedures.
(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.
(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 CPR.
(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.
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. 2.5. 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. 2.7. 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. 3. Sections 2.5 and 2.7 of this bill incorporate amendments
to Section 1569.625 of the Health and Safety Code proposed by both
this bill and Assembly Bill 1570. 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 1570,
in which case Section 2 of this bill shall not become operative.
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.
