Bill Text: CA AB2044 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
BILL NUMBER: AB 2044 AMENDED
BILL TEXT
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, 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.
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.
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.
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 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. 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. 1.5. 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) paragraph (1
0) of subdivision (a) 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.
(b)
( 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.
SEC. 4. 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.
