Amended  IN  Senate  March 25, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1418

Introduced by Senator Rubio

February 21, 2020

An act to add Sections 1565, 1568.043, 1565.5, 1568.044, and 1596.953 to the Health and Safety Code, relating to health and care facilities.


LEGISLATIVE COUNSEL'S DIGEST


SB 1418, as amended, Rubio. Health and care facilities: emergency and disaster plans.
Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities by the State Department of Social Services, including, among others, adult day programs, group homes, enhanced behavioral support homes, and crisis nurseries. A violation of the act is a misdemeanor.
Existing law provides for the licensure and regulation of residential care facilities for persons with chronic life-threatening illness by the State Department of Health Services. For purposes of these provisions, a chronic, life-threatening illness means HIV or AIDS. A violation of these provisions is a misdemeanor.
Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of daycare centers, as defined, and family daycare homes, as defined, by the State Department of Social Services. A violation of the act is a crime.
Existing law requires a residential care facility for the elderly to have an emergency and disaster plan that includes specified components, including evacuation procedures. Existing law requires the facility to train employees on the plan, conduct emergency drills at least quarterly, review and update the plan, and make the plan available to certain individuals upon request. Existing law also requires the facility to have specified information readily available to staff during an emergency and to have specified emergency precautions in place. Existing law requires the State Department of Social Services Community Care Licensing Division to confirm during annual licensing visits that the plan is on file and includes required content.

This bill would make those provisions applicable to residential facilities required to be licensed under the California Community Care Facilities Act, except as specified, residential care facilities for persons with chronic life-threatening illness, adult day programs, and child daycare facilities. By expanding the scope of crimes, this bill would impose a state-mandated local program.

This bill would make the emergency and disaster preparedness provisions that are applicable to a residential care facility for the elderly, as described above, applicable to an adult residential facility and certain types of a children’s residential facility licensed under the California Community Care Facilities Act, a residential care facility for persons with chronic life-threatening illness, and a child daycare facility. The bill would require an adult day program licensed under the California Community Care Facilities Act to have an emergency and disaster plan with specified components that include, among others, location of all utility shut-off valves and instructions for use. By expanding the scope of crimes under these various licensing acts, 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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1565 is added to the Health and Safety Code, to read:

1565.
 (a) A facility shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:
(1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch.
(2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an outage.
(3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.
(4) A contact information list of all of the following:
(A) Emergency response personnel.
(B) The contact information for the regulating entity.
(C) The local long-term care ombudsman.
(D) Transportation providers.
(5) At least two appropriate shelter locations that can house or supervise, as applicable, individuals served by the facility during an evacuation. One of the locations shall be outside of the immediate area.
(6) The location of utility shutoff valves and instructions for use.
(7) Procedures that address, but are not limited to, all of the following:
(A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturer’s operating instructions shall be followed.
(B) Responding to an individual’s needs if emergency call buttons are inoperable.
(C) The process for communicating with individuals served by the facility, families, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Individuals served by the facility and their responsible parties shall be informed of the process for communicating during an emergency.
(D) Assistance with, and administration of, medications.
(E) Storage and preservation of medications, including the storage of medications that require refrigeration.
(F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs.
(G) A process for identifying individuals served by the facility who have special needs, and a plan for meeting those needs.
(H) Procedures for confirming the location of each individual served by the facility during an emergency response.
(b) If a facility employs staff, the facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster.
(c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of individuals served by the facility is not required during a drill. While a facility may provide an opportunity for individuals served by the facility to participate in a drill, it shall not require that participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and, if applicable, the names of staff participating in the drill.
(d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee, administrator, or regulated individual shall sign and date documentation to indicate that the plan has been reviewed and updated as necessary.
(e) A facility shall have all of the following information readily available during an emergency:
(1) A roster of individuals served by the facility, with the date of birth for each individual.
(2) An appraisal of needs and services plan for each individual served by the facility.
(3) A medication list for individuals served by the facility with centrally stored medications.
(4) Contact information for the responsible party and physician for each individual served by the facility.
(f) A facility shall have both of the following in place:
(1) An evacuation chair at each stairwell, on or before July 1, 2021.
(2) A set of keys available for use during an evacuation that provides access to all of the following:
(A) All occupied resident units, if applicable.
(B) All facility vehicles.
(C) All facility exit doors.
(D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies.
(g) A facility shall make the plan available upon request to individuals served by the facility onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Individual and employee information shall be kept confidential.
(h) An applicant seeking a license or approval for a new facility shall submit the emergency and disaster plan with the initial license application required.
(i) The regulating entity shall confirm, during regularly scheduled visits, that the emergency and disaster plan is on file at the facility and includes required content.
(j) A facility is encouraged to have the emergency and disaster plan reviewed by local emergency authorities.
(k) Nothing in this section shall create a new or additional requirement for the regulating entity to evaluate the emergency and disaster plan.
(l) For the purposes of this section, a “facility” means any of the following:
(1) An adult residential facility.
(2) A children’s residential facility other than a foster family home or a small family home.

(3)An adult day program.

SEC. 2.

 Section 1565.5 is added to the Health and Safety Code, to read:

1565.5.
 In addition to any other requirement of this chapter, an adult day program, as defined in Section 1502, shall have an emergency and disaster plan that includes, but is not limited to, all of the following:
(a) Evacuation procedures.
(b) Transportation arrangements.
(c) A contact information list of all of the following:
(1) Local emergency response personnel.
(2) Each client’s authorized representative or local emergency contact name.
(3) The licensing division within the department.
(d) The location of all utility shut-off valves and instructions for use.

SEC. 2.Section 1568.043 is added to the Health and Safety Code, to read:
1568.043.

SEC. 3.

 Section 1568.044 is added to the Health and Safety Code, to read:

1568.044.
 (a) A facility shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:
(1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch.
(2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an outage.
(3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.
(4) A contact information list of all of the following:
(A) Emergency response personnel.
(B) The contact information for the regulating entity.
(C) The local long-term care ombudsman.
(D) Transportation providers.
(5) At least two appropriate shelter locations that can house or supervise, as applicable, individuals served by the facility during an evacuation. One of the locations shall be outside of the immediate area.
(6) The location of utility shutoff valves and instructions for use.
(7) Procedures that address, but are not limited to, all of the following:
(A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturer’s operating instructions shall be followed.
(B) Responding to an individual’s needs if emergency call buttons are inoperable.
(C) The process for communicating with individuals served by the facility, families, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Individuals served by the facility and their responsible parties shall be informed of the process for communicating during an emergency.
(D) Assistance with, and administration of, medications.
(E) Storage and preservation of medications, including the storage of medications that require refrigeration.
(F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs.
(G) A process for identifying individuals served by the facility who have special needs, and a plan for meeting those needs.
(H) Procedures for confirming the location of each individual served by the facility during an emergency response.
(b) If a facility employs staff, the facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster.
(c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of individuals served by the facility is not required during a drill. While a facility may provide an opportunity for individuals served by the facility to participate in a drill, it shall not require that participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and, if applicable, the names of staff participating in the drill.
(d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee, administrator, or regulated individual shall sign and date documentation to indicate that the plan has been reviewed and updated as necessary.
(e) A facility shall have all of the following information readily available during an emergency:
(1) A roster of individuals served by the facility, with the date of birth for each individual.
(2) An appraisal of needs and services plan for each individual served by the facility.
(3) A medication list for individuals served by the facility with centrally stored medications.
(4) Contact information for the responsible party and physician for each individual served by the facility.
(f) A facility shall have both of the following in place:
(1) An evacuation chair at each stairwell, on or before July 1, 2021.
(2) A set of keys available for use during an evacuation that provides access to all of the following:
(A) All occupied resident units, if applicable.
(B) All facility vehicles.
(C) All facility exit doors.
(D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies.
(g) A facility shall make the plan available upon request to individuals served by the facility onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Individual and employee information shall be kept confidential.
(h) An applicant seeking a license or approval for a new facility shall submit the emergency and disaster plan with the initial license application required.
(i) The regulating entity shall confirm, during regularly scheduled visits, that the emergency and disaster plan is on file at the facility and includes required content.
(j) A facility is encouraged to have the emergency and disaster plan reviewed by local emergency authorities.
(k) Nothing in this section shall create a new or additional requirement for the regulating entity to evaluate the emergency and disaster plan.
(l) For the purposes of this section, a “facility” means a residential care facility licensed pursuant to this chapter.

SEC. 3.SEC. 4.

 Section 1596.953 is added to the Health and Safety Code, to read:

1596.953.
 (a) A facility shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:
(1) Evacuation procedures, including identification of an assembly point or points that shall be included in the facility sketch.
(2) Plans for the facility to be self-reliant for a period of not less than 72 hours immediately following any emergency or disaster, including, but not limited to, a short-term or long-term power failure. If the facility plans to shelter in place and one or more utilities, including water, sewer, gas, or electricity, is not available, the facility shall have a plan and supplies available to provide alternative resources during an outage.
(3) Transportation needs and evacuation procedures to ensure that the facility can communicate with emergency response personnel or can access the information necessary in order to check the emergency routes to be used at the time of an evacuation and relocation necessitated by a disaster. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.
(4) A contact information list of all of the following:
(A) Emergency response personnel.
(B) The contact information for the regulating entity.
(C) The local long-term care ombudsman.
(D) Transportation providers.
(5) At least two appropriate shelter locations that can house or supervise, as applicable, individuals served by the facility during an evacuation. One of the locations shall be outside of the immediate area.
(6) The location of utility shutoff valves and instructions for use.
(7) Procedures that address, but are not limited to, all of the following:
(A) Provision of emergency power that could include identification of suppliers of backup generators. If a permanently installed generator is used, the plan shall include its location and a description of how it will be used. If a portable generator is used, the manufacturer’s operating instructions shall be followed.
(B) Responding to an individual’s needs if emergency call buttons are inoperable.
(C) The process for communicating with individuals served by the facility, families, and others, as appropriate, that might include landline telephones, cellular telephones, or walkie-talkies. A backup process shall also be established. Individuals served by the facility and their responsible parties shall be informed of the process for communicating during an emergency.
(D) Assistance with, and administration of, medications.
(E) Storage and preservation of medications, including the storage of medications that require refrigeration.
(F) The operation of assistive medical devices that need electric power for their operation, including, but not limited to, oxygen equipment and wheelchairs.
(G) A process for identifying individuals served by the facility who have special needs, and a plan for meeting those needs.
(H) Procedures for confirming the location of each individual served by the facility during an emergency response.
(b) If a facility employs staff, the facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster.
(c) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of individuals served by the facility is not required during a drill. While a facility may provide an opportunity for individuals served by the facility to participate in a drill, it shall not require that participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and, if applicable, the names of staff participating in the drill.
(d) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee, administrator, or regulated individual shall sign and date documentation to indicate that the plan has been reviewed and updated as necessary.
(e) A facility shall have all of the following information readily available during an emergency:
(1) A roster of individuals served by the facility, with the date of birth for each individual.
(2) An appraisal of needs and services plan for each individual served by the facility.
(3) A medication list for individuals served by the facility with centrally stored medications.
(4) Contact information for the responsible party and physician for each individual served by the facility.
(f) A facility shall have both of the following in place:
(1) An evacuation chair at each stairwell, on or before July 1, 2021.
(2) A set of keys available for use during an evacuation that provides access to all of the following:
(A) All occupied resident units, if applicable.
(B) All facility vehicles.
(C) All facility exit doors.
(D) All facility cabinets and cupboards or files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies.
(g) A facility shall make the plan available upon request to individuals served by the facility onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Individual and employee information shall be kept confidential.
(h) An applicant seeking a license or approval for a new facility shall submit the emergency and disaster plan with the initial license application required.
(i) The regulating entity shall confirm, during regularly scheduled visits, that the emergency and disaster plan is on file at the facility and includes required content.
(j) A facility is encouraged to have the emergency and disaster plan reviewed by local emergency authorities.
(k) Nothing in this section shall create a new or additional requirement for the regulating entity to evaluate the emergency and disaster plan.
(l) For the purposes of this section, a “facility” means a child daycare facility, as defined in Section 1596.750.

SEC. 4.SEC. 5.

 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.