BILL NUMBER: AB 1570 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Chesbro
JANUARY 30, 2014
An act to amend Sections 1569.23, 1569.625, and 1569.626 of the
Health and Safety Code, relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1570, as introduced, Chesbro. 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. Violation of these provisions is a misdemeanor.
Existing law requires, as a requirement for licensure, that the
applicant demonstrate that he or she has successfully completed a
certification program approved by the department that includes, at a
minimum, 40 hours of classroom instruction, and provides that
successful completion of the certification program shall be
demonstrated by passing a written test and submitting a fee to the
department for the issuance of a certificate of completion. Existing
law also requires the department to 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, which includes 10 hours within the first 4
weeks of employment and 4 hours annually thereafter. Existing law
requires all residential care facilities for the elderly that
advertise or promote special care, special programming, or a special
environment for persons with dementia to meet additional training
requirements for all direct staff.
This bill would instead require the certification program for an
applicant for licensure to consist of 100 hours of course work and a
state-administered exam of no less than 100 questions. The bill would
require staff members of residential care facilities for the elderly
who assist residents with personal activities of daily living to
receive 40 hours of training before working independently with
residents, and an additional 12 hours annually, as prescribed. The
bill would also apply the training requirements specific to dementia
care to all residential care facilities for the elderly.
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 1569.23 of the Health and Safety Code is
amended to read:
1569.23. (a) As a requirement for licensure, the applicant shall
demonstrate that he or she has successfully completed a certification
program approved by the department.
(b) The certification program shall consist of both of the
following:
(1) One hundred hours of coursework, at least 40 hours of which
shall be attended in person.
(2) A state-administered exam consisting of no less than 100
questions.
(b)
( c) The certification program shall
be for a minimum of 40 hours of classroom instruction and
include a uniform core of knowledge which shall include all
of the following:
(1) Law, including personal rights, regulations,
policies, and procedural standards that impact the operations of
residential care facilities for the elderly.
(2) Business operations.
(3) Management and supervision of staff.
(4) Psychosocial need of the elderly residents.
(5) Physical needs for elderly residents.
(6) Community and support services.
(7) Use, Medication management,
including use, misuse, and interaction of drugs commonly used
by the elderly , including antipsychotics .
(8) Resident admission, retention, and assessment procedures.
(9) Managing Alzheimer's disease and related dementias.
(10) Managing the physical environment, including maintenance and
housekeeping.
(c)
(d) Successful completion of the certification program
shall be demonstrated by passing a written test
the state-administered exam and submitting a fee of one
hundred dollars ($100) to the department for the issuance of a
certificate of completion.
(d)
( e) (1) The
department shall establish by regulation the program content, the
testing instrument, process for approving certification programs, and
criteria to be used for authorizing individuals or organizations to
conduct certification programs. These regulations shall be developed
with the participation of provider organizations.
(2) The department shall ensure that the exam consists of at least
100 questions and allows an applicant to have access to the
California Residential Care Facility for the Elderly Act, related
regulations, and the evaluator manual during the exam. The department
shall review the exam annually and update it as necessary to prevent
conflicts with new or amended laws or regulations. The department
may convene a stakeholder group to assist in developing and reviewing
test questions.
(e)
( f) This section shall apply to all
applications for licensure unless the applicant provides evidence
that he or she has a current license for another residential care
facility for the elderly which was initially licensed prior to July
1, 1989, or has successfully completed an approved certification
program within the prior five years.
(f)
( g) If the applicant is a firm,
partnership, association, or corporation, the chief executive
officer, or other person serving in a like capacity, or the
designated administrator of the facility shall provide evidence of
successfully completing an approved certification program.
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) (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 10 40 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.
to be completed before a staff member begins working
independently with residents. The 40 hours of training shall consist
of 24 hours of coursework training prior to resident contact,
including 12 hours specific to dementia care, as required
by subdivision (a) of Section 1569.626. 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 12 hours annually, including the first year of
employment, eight hours of which shall be dementia care training, as
required by subdivision (b) of Section 1569.626.
(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) Dementia care, including the misuse of antipsychotics, as
required by Section 1569.626.
SEC. 3. Section 1569.626 of the Health and Safety Code is amended
to read:
1569.626. All residential care facilities for the elderly
that advertise or promote special care, special programming,
or a special environment for persons with dementia, in addition to
complying with the training requirements described in Section
1569.625, shall meet the following training requirements
, as described in Section 1569.62 5, for all
direct care staff:
(a) Six Twelve hours of
resident care orientation within the first four weeks of
employment. All six dementia care training before a
staff member begins working independently with residents. All 12
hours shall be devoted to the care of persons with dementia.
The facility may utilize various methods of instruction including,
but not limited to, preceptorship, mentoring, and other forms of
observation and demonstration. The orientation time shall be
exclusive of any administrative instruction.
(b) Eight hours of in-service training per year on the subject of
serving residents with dementia. This training shall be developed in
consultation with individuals or organizations with specific
expertise in dementia care or by an outside source with expertise in
dementia care. In formulating and providing this training, reference
may be made to written materials and literature on dementia and the
care and treatment of persons with dementia. This training
requirement may be satisfied in one day or over a period of time.
This training requirement may be provided at the facility or offsite
and may include a combination of observation and practical
application.
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.