Bill Text: CA AB2850 | 2017-2018 | Regular Session | Amended
Bill Title: Nurse assistant training programs: online or distance learning.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-09-26 - Chaptered by Secretary of State - Chapter 769, Statutes of 2018. [AB2850 Detail]
Download: California-2017-AB2850-Amended.html
Amended
IN
Assembly
April 18, 2018 |
Assembly Bill | No. 2850 |
Introduced by Assembly Member Rubio |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would include a geriatric medication technician, as defined, within the category of “certified nurse assistant” for these purposes. Because a violation of these provisions would be 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(l)Expanding the long-term care
workforce requires coordinated strategies that address wages, working conditions, educational opportunities, career advancement opportunities, and personal preferences.
(m)A survey done by the Office of Statewide Health Planning and Development found overwhelming support among facility nursing staff, residents and their families, physicians, and other members of the health care team for a new category of paraprofessional health care worker authorized to provide medication assistance under the seven-year Health Manpower Pilot Project No. 152 conducted in the County of Sonoma from 1988 to 1995.
(n)At least 18 other states allow appropriately trained paraprofessional staff to give medicines and administer certain treatments to nursing home residents, if they have been trained and certified, and are supervised by licensed nursing staff.
(o)The other states that allow the paraprofessional staff in nursing homes have reported quality outcomes, increased resident and staff satisfaction, no increase in medication errors, no decrease in licensed nursing staff levels, and have offered effective career ladder opportunities for certified nursing assistants.
(p)The creation of additional training and certification programs necessary to establish a new permanent category of paraprofessional health care worker who can provide medication assistance to patients in skilled nursing facilities should be included in the range of solutions implemented to address the workforce shortage.
(a)The Legislature finds that the quality of patient care in skilled nursing and intermediate care facilities is dependent upon the competence of the personnel who staff its facilities. The Legislature further finds that direct patient care in skilled nursing and intermediate care facilities is currently rendered largely by certified nurse assistants. To assure the availability of trained personnel in skilled nursing and intermediate care facilities, the Legislature intends that all such facilities in this state participate in approved training programs established under this article. This article shall not apply to intermediate care facilities/developmentally disabled habilitative, intermediate care facility/developmentally disabled-nursing, and intermediate care facility/developmentally
disabled-continuous nursing which have staff training programs approved by the State Department of Developmental Services, general acute care hospitals, acute psychiatric hospitals, or special hospitals.
(b)The requirement that certified nurse assistants obtain a criminal record clearance upon certification and biannually thereafter shall apply regardless of the setting in which the certified nurse assistant is employed.
(c)The department shall develop procedures to ensure that certified nurse assistants, including, but not limited to, those certified as geriatric medication technicians, employed by intermediate care facilities for the developmentally disabled/habilitative and
intermediate care facilities for the developmentally disabled/nursing shall not be required to obtain multiple criminal record clearances.
(d)For the purpose of this article:
(1)“Nurse assistant” means any unlicensed aide, assistant, or orderly, who performs nursing services directed at the safety, comfort, personal hygiene, or protection of patients in a skilled nursing or intermediate care facility.
(2)“Approved training program” means a program for the training of nurse assistants that meets the criteria established and approved under this chapter.
(3)(A)“Certified nurse assistant” means any person who holds himself
or herself out as a certified nurse assistant and who, for compensation, performs basic patient care services directed at the safety, comfort, personal hygiene, and protection of patients, and is certified as having completed the requirements of this article. These services shall not include any services which may only be performed by a licensed person and otherwise shall be performed under the supervision of a registered nurse, as defined in Section 2725 of the Business and Professions Code, or a licensed vocational nurse, as defined in Section 2859 of the Business and Professions Code.
(B)“Geriatric medication technician” means a certified nurse assistant who has been certified as successfully completing medication administration training with a geriatric focus pursuant to this article.
(4)“State department” means the State Department of Public Health.
SEC. 2.
Section 1337.1 of the Health and Safety Code is amended to read:1337.1.
A skilled nursing or intermediate care facility shall adopt an approved training program that meets standards established by the department. The approved training program shall consist of at least all of the following: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.