Bill Text: CA AB2044 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 2044	AMENDED
	BILL TEXT

	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, 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
  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.
   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 
other person designated by the administrator who  
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.
   (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 agreement   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 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. 
   (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. 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.