1569.60. (a) The director shall require as a condition precedent to
the issuance of any license for a residential care facility for the
elderly, if the licensee handles or will handle any money of a person
within the facility, that the applicant for the license file or have
on file with the department a bond issued by a surety company
admitted to do business in this state in a sum to be fixed by the
department based upon the magnitude of the operations of the
applicant, but which sum shall not be less than one thousand dollars
($1,000), running to the State of California and conditioned upon his
or her faithful and honest handling of the money of persons within
the facility.
(b) The failure of any licensee under this chapter to maintain on
file with the state department a bond in the amount prescribed by the
director or who embezzles the trust funds of a person in the
facility shall constitute cause for the revocation of the license.
(c) The provisions of this section shall not apply if the licensee
handles moneys of persons within the residential care facility for
the elderly in amounts less than fifty dollars ($50) per person and
less than five hundred dollars ($500) for all persons in any month.
1569.601. The director may grant a partial or total variance from
the bonding requirements of Section 1569.60 for any residential care
facility for the elderly if he or she finds that compliance with them
is so onerous that a residential care facility for the elderly will
cease to operate, and if he or she also finds that money of the
persons received or cared for in the facility has been, or will be,
deposited in a bank in this state, in a trust company authorized to
transact a trust business in this state, or in a savings and loan
association in this state, upon condition that the money may not be
withdrawn except on authorization of the guardian or conservator of
the person.
1569.61. The department shall develop and maintain at each district
office a file for each facility in that district, containing all
documents regarding the facility that were received or created by the
department on or after January 1, 1999, and that are not
confidential under other provisions of law. This file shall be
available immediately upon the request of any consumer who shall have
the right to obtain copies of documents from the file upon the
payment of a reasonable charge for the copies.
1569.613. Any person who becomes an administrator of a residential
care facility for the elderly on or after January 1, 1992, shall, at
a minimum, comply with all of the following:
(a) Be at least 21 years of age.
(b) Have a valid certificate as an administrator of a residential
care facility for the elderly as required by Section 1569.616, or
have submitted the documentation required to obtain a certificate
pursuant to subdivision (d) of Section 1569.616.
(c) Have a high school diploma or pass a general educational
development test as described in Article 3 (commencing with Section
51420) of Chapter 3 of Part 28 of the Education Code.
(d) Obtain criminal record clearance as provided for in Sections
1569.17 and 1569.171.
1569.616. (a) (1) An administrator of a residential care facility
for the elderly shall be required to successfully complete a
department-approved certification program prior to employment.
(2) In those cases where the individual is both the licensee and
the administrator of a facility, or a licensed nursing home
administrator, the individual shall comply with the requirements of
this section unless he or she qualifies for one of the exemptions
provided for in subdivision (b).
(3) Failure to comply with this section shall constitute cause for
revocation of the license of the facility where an individual is
functioning as the administrator.
(4) The licensee shall notify the department within 30 days of any
change in administrators.
(b) Individuals seeking exemptions under paragraph (2) of
subdivision (a) shall meet the following criteria and fulfill the
required portions of the certification program, as the case may be:
(1) An individual designated as the administrator of a residential
care facility for the elderly who holds a valid license as a nursing
home administrator issued in accordance with Chapter 2.35
(commencing with Section 1416) of Division 2 of the Health and Safety
Code shall be required to complete the areas in the uniform core of
knowledge required by this section that pertain to the law,
regulations, policies, and procedural standards that impact the
operations of residential care facilities for the elderly, the use,
misuse, and interaction of medication commonly used by the elderly in
a residential setting, and resident admission, retention, and
assessment procedures, equal to 12 hours of classroom instruction. An
individual meeting the requirements of this paragraph shall not be
required to take a written test.
(2) In those cases where the individual was both the licensee and
administrator on or before July 1, 1991, the individual shall be
required to complete all the areas specified for the certification
program, but shall not be required to take the written test required
by this section. Those individuals exempted from the written test
shall be issued a conditional certification that is valid only for
the administrator of the facility for which the exemption was
granted.
(A) As a condition to becoming an administrator of another
facility, the individual shall be required to pass the written test
provided for in this section.
(B) As a condition to applying for a new facility license, the
individual shall be required to pass the written test provided for in
Section 1569.23.
(c) (1) The administrator certification program shall require a
minimum of 40 hours of classroom instruction that provides training
on a uniform core of knowledge in each of the following areas:
(A) Laws, regulations, and policies and procedural standards that
impact the operations of residential care facilities for the elderly.
(B) Business operations.
(C) Management and supervision of staff.
(D) Psychosocial needs of the elderly.
(E) Community and support services.
(F) Physical needs for elderly persons.
(G) Use, misuse, and interaction of medication commonly used by
the elderly.
(H) Resident admission, retention, and assessment procedures.
(I) Training focused specifically on serving clients with
dementia. This training shall be for at least four hours.
(2) Individuals applying for certification under this section
shall successfully complete an approved certification program, pass a
written test administered by the department within 60 days of
completing the program, and submit the documentation required by
subdivision (d) to the department within 30 days of being notified of
having passed the test. The department may extend these time
deadlines for good cause. The department shall notify the applicant
of his or her test results within 30 days of administering the test.
(d) The department shall not begin the process of issuing a
certificate until receipt of all of the following:
(1) A certificate of completion of the administrator training
required pursuant to this chapter.
(2) The fee required for issuance of the certificate. A fee of one
hundred dollars ($100) shall be charged by the department to cover
the costs of processing the application for certification.
(3) Documentation of passing the written test or of qualifying for
an exemption pursuant to subdivision (b).
(4) Submission of fingerprints. The department and the Department
of Justice shall expedite the criminal record clearance for holders
of certificates of completion. The department may waive the
submission for those persons who have a current criminal record
clearance on file.
(e) It shall be unlawful for any person not certified under this
section to hold himself or herself out as a certified administrator
of a residential care facility for the elderly. Any person willfully
making any false representation as being a certified administrator is
guilty of a misdemeanor.
(f) (1) Certificates issued under this section shall be renewed
every two years and renewal shall be conditional upon the certificate
holder submitting documentation of completion of 40 hours of
continuing education related to the core of knowledge specified in
paragraph (1) of subdivision (c). No more than one-half of the
required 40 hours of continuing education necessary to renew the
certificate may be satisfied through online courses. All other
continuing education hours shall be completed in a classroom setting.
For purposes of this section, individuals who hold a valid license
as a nursing home administrator issued in accordance with Chapter
2.35 (commencing with Section 1416) of Division 2 of the Health and
Safety Code and meet the requirements of paragraph (1) of subdivision
(b) shall only be required to complete 20 hours of continuing
education.
(2) Every certified administrator of a residential care facility
for the elderly is required to renew his or her certificate and shall
complete the continuing education requirements of this subdivision
whether he or she is certified according to subdivision (a) or (b).
At least eight hours of the 40-hour continuing education requirement
for a certified administrator of a residential care facility for the
elderly shall include instruction on serving clients with dementia,
including, but not limited to, instruction related to direct care,
physical environment, and admissions procedures and assessment.
(3) Certificates issued under this section shall expire every two
years, on the anniversary date of the initial issuance of the
certificate, except that any administrator receiving his or her
initial certification on or after January 1, 1999, shall make an
irrevocable election to have his or her recertification date for any
subsequent recertification either on the date two years from the date
of issuance of the certificate or on the individual's birthday
during the second calendar year following certification. The
department shall send a renewal notice to the certificate holder 90
days prior to the expiration date of the certificate. If the
certificate is not renewed prior to its expiration date,
reinstatement shall only be permitted after the certificate holder
has paid a delinquency fee equal to three times the renewal fee and
has provided evidence of completion of the continuing education
required.
(4) To renew a certificate, the certificate holder shall, on or
before the certificate expiration date, request renewal by submitting
to the department documentation of completion of the required
continuing education courses and pay the renewal fee of one hundred
dollars ($100), irrespective of receipt of the department's
notification of the renewal. A renewal request postmarked on or
before the expiration of the certificate is proof of compliance with
this paragraph.
(5) A suspended or revoked certificate is subject to expiration as
provided for in this section. If reinstatement of the certificate is
approved by the department, the certificate holder, as a condition
precedent to reinstatement, shall pay a fee in an amount equal to the
renewal fee, plus the delinquency fee, if any, accrued at the time
of its revocation or suspension.
(6) A certificate that is not renewed within four years after its
expiration shall not be renewed, restored, reissued, or reinstated
except upon completion of a certification program, passing any test
that may be required of an applicant for a new certificate at that
time, and paying the appropriate fees provided for in this section.
(7) A fee of twenty-five dollars ($25) shall be charged for the
reissuance of a lost certificate.
(8) A certificate holder shall inform the department of his or her
employment status within 30 days of any change.
(g) The department may revoke a certificate issued under this
section for any of the following:
(1) Procuring a certificate by fraud or misrepresentation.
(2) Knowingly making or giving any false statement or information
in conjunction with the application for issuance of a certificate.
(3) Criminal conviction unless an exemption is granted pursuant to
Section 1569.17.
(h) The certificate shall be considered forfeited under either of
the following conditions:
(1) The administrator has had a license revoked, suspended, or
denied as authorized under Section 1569.50.
(2) The administrator has been denied employment, residence, or
presence in a facility based on action resulting from an
administrative hearing pursuant to Section 1569.58.
(i) (1) The department shall establish, by regulation, the program
content, the testing instrument, the process for approving
certification programs, and criteria to be used in authorizing
individuals, organizations, or educational institutions to conduct
certification programs and continuing education courses. These
regulations shall be developed in consultation with provider and
consumer organizations, and shall be made available at least six
months prior to the deadline required for certification. The
department may deny vendor approval to any agency or person that has
not provided satisfactory evidence of their ability to meet the
requirements of vendorization set out in the regulations adopted
pursuant to subdivision (j).
(2) (A) A vendor of online programs for continuing education shall
ensure that each online course contains all of the following:
(i) An interactive portion where the participant receives
feedback, through online communication, based on input from the
participant.
(ii) Required use of a personal identification number or personal
identification information to confirm the identity of the
participant.
(iii) A final screen displaying a printable statement, to be
signed by the participant, certifying that the identified participant
completed the course. The vendor shall obtain a copy of the final
screen statement with the original signature of the participant prior
to the issuance of a certificate of completion. The signed statement
of completion shall be maintained by the vendor for a period of
three years and be available to the department upon demand. Any
person who certifies as true any material matter pursuant to this
section that he or she knows to be false is guilty of a misdemeanor.
(B) Nothing in this subdivision shall prohibit the department from
approving online programs for continuing education that do not meet
the requirements of subparagraph (A) if the vendor demonstrates to
the department's satisfaction that, through advanced technology, the
course and the course delivery meet the requirements of this section.
(3) The department may authorize vendors to conduct the
administrator certification training program pursuant to provisions
set forth in this section. The department shall conduct the written
test pursuant to regulations adopted by the department.
(4) The department shall prepare and maintain an updated list of
approved training vendors.
(5) The department may inspect training programs, continuing
education courses, and online courses, at no charge to the
department, in order to determine if content and teaching methods
comply with paragraphs (1) and (2), if applicable, and with
regulations. If the department determines that any vendor is not
complying with the intent of this section, the department shall take
appropriate action to bring the program into compliance, which may
include removing the vendor from the approved list.
(6) The department shall establish reasonable procedures and
timeframes, not to exceed 30 days, for the approval of vendor
training programs.
(7) The department may charge a reasonable fee, not to exceed one
hundred fifty dollars ($150) every two years, to certification
program vendors for review and approval of the initial 40-hour
training program pursuant to subdivision (c). The department may also
charge the vendor a fee, not to exceed one hundred dollars ($100)
every two years, for the review and approval of the continuing
education courses needed for recertification pursuant to this
subdivision.
(j) This section shall be operative upon regulations being adopted
by the department to implement the administrator certification
program as provided for in this section.
(k) The department shall establish a registry for holders of
certificates that shall include, at a minimum, information on
employment status and criminal record clearance.
(l) Notwithstanding any provision of law to the contrary, vendors
approved by the department who exclusively provide either initial or
continuing education courses for certification of administrators of a
residential care facility for the elderly, as defined in subdivision
(k) of Section 1569.2, a group home facility, as defined by
regulations of the department, or an adult residential care facility,
as defined by regulations of the department, shall be regulated
solely by the department pursuant to this chapter. No other state or
local governmental entity shall be responsible for regulating the
activity of those vendors.
1569.617. (a) (1) There is hereby created in the State Treasury,
the Certification Fund from which moneys, upon appropriation of the
Legislature, shall be expended by the department for the purpose of
administering the residential care facilities for the elderly
certification program provided under Sections 1569.23, 1569.615, and
1569.616, the adult residential facilities certification program
pursuant to Section 1562.3, and the group home facilities
certification program pursuant to Section 1522.41.
(2) All money contained in the Residential Care Facility for the
Elderly Fund on the operative date of this paragraph shall be
retained in the Certification Fund for appropriation for the purposes
specified in paragraph (1).
(b) The fund shall consist of specific appropriations that the
Legislature sets aside for use by the fund and all fees, penalties,
and fines collected pursuant to Sections 1522.41, 1562.3, 1562.23,
1569.615, and 1569.616.
(c) For the 1998-99 fiscal year, the sum of not to exceed two
hundred fifty thousand dollars ($250,000) from the Certification Fund
shall be appropriated to the State Department of Social Services to
administer the group home facilities certification program pursuant
to Section 1522.41. The department shall repay the appropriation made
for the 1998-99 fiscal year into the Certification Fund upon receipt
of fees pursuant to Section 1522.41.
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) "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.
1569.62. (a) The director shall ensure that licensees,
administrators, and staffs of residential care facilities for the
elderly have appropriate training to provide the care and services
for which a license or certificate is issued.
(b) The department shall develop jointly with the Department of
Aging, with input from provider organizations, requirements for a
uniform core of knowledge within the required 20 hours of continuing
education for administrators, and their designated substitutes, and
for recertification of administrators of residential care facilities
for the elderly. This knowledge base shall include, as a minimum,
basic understanding of the psychosocial and physical care needs of
elderly persons and administration. The department shall develop
jointly with the Department of Aging, with input from provider
organizations, a uniform resident assessment tool to be used by all
residential care facilities for the elderly. The assessment tool
shall, in lay terms, help to identify resident needs for service and
assistance with activities of daily living.
The departments shall develop a mandatory training program on the
utilization of the assessment tool to be given to administrators and
their designated substitutes.
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.
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 for all direct care staff:
(a) Six hours of resident care orientation within the first four
weeks of employment. All six 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.
1569.627. Any residential care facility for the elderly that
advertises or promotes special care, special programming, or a
special environment for persons with dementia shall disclose to the
department the special features of the facility in its plan of
operation. This information shall be provided to the public by the
facility upon request. The information shall include a brief
narrative description of all of the following facility features:
(a) Philosophy, including, but not limited to, program goals.
(b) Preadmission assessment.
(c) Admission.
(d) Assessment.
(e) Program.
(f) Staff.
(g) Staff training.
(h) Physical environment.
(i) Changes in condition, including, but not limited to, when and
under what circumstances are changes made to a participant's care
plan.
(j) Success indicators.
1569.628. A licensee of a residential care facility for the elderly
that advertises or promotes special care, programming, or
environments for persons with a health related condition, except as
specified in Section 1569.72, shall provide to each prospective
resident an accurate narrative description of these programs and
services. The description shall be provided in writing prior to
admission. All reasonable efforts shall be made to communicate the
information in the narrative description to a person who is unable to
read it himself or herself, including, but not limited to, reading
the description out loud.
1569.63. The director shall insure that licensing personnel at the
department have appropriate training to properly carry out this
chapter.
1569.64. The department shall institute a staff development and
training program within the organization structure to develop among
staff the knowledge and understanding necessary to successfully carry
out this chapter. Specifically, the department shall do all of the
following:
(a) Provide staff with 36 hours of training per year that reflect
the unique needs of the elderly.
(b) Give priority to applications from individuals with experience
as care providers to the elderly.
(c) Provide new staff with comprehensive training within the first
six months of employment. This training shall, at a minimum, include
the following core areas: administrative action process, client
populations, conducting facility visits, cultural awareness,
documentation skills, facility operations, human relation skills,
interviewing techniques, investigation processes, and regulation
administration.
This training shall also provide new staff who have earned fewer
than 16 semester units in gerontology or geriatric education from an
accredited college at least 40 hours of preservice training in the
aging process and the psycho-social and health care needs of elderly
persons.
1569.65. (a) On or before January 1, 1987, the department shall
publish a comprehensive consumer guideline brochure to assist persons
in the evaluation and selection of a licensed residential care
facility for the elderly. The department shall develop the brochure
for publication with the advice and assistance of the Advisory
Committee on Community Care Facilities and the State Department of
Aging.
(b) The consumer guideline brochure shall include, but not be
limited to, guidelines highlighting resident health and safety issues
to be considered in the selection of a residential care facility for
the elderly, locations of the licensing offices of the State
Department of Social Services where facility records may be reviewed,
types of local organizations which may have additional information
on specific facilities, and a list of recommended inquiries to be
made in the selection of a residential care facility for the elderly.
(c) Upon publication, the consumer guideline brochures shall be
distributed to statewide resident advocacy groups, statewide consumer
advocacy groups, state and local ombudsmen, and all licensed
residential care facilities for the elderly. The brochure shall be
made available on request to all other interested persons.
1569.651. (a) A licensee of a residential care facility for the
elderly shall not require any form of preadmission fee or deposit
from a recipient under the State Supplementary Program for the Aged,
Blind and Disabled (Article 5 (commencing with Section 12200) of
Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions
Code) who applies for admission to the facility.
(b) If a licensee charges a preadmission fee, the licensee shall
provide the applicant or his or her representative with a written
general statement describing all costs associated with the
preadmission fee charges and stating that the preadmission fee is
refundable. The statement shall describe the conditions for the
refund as specified in subdivision (g). A licensee shall only charge
a single preadmission fee as defined in subdivision (e) per resident
admission.
(c) A licensee of a residential care facility for the elderly
shall not require, request, or accept any funds from a resident or a
resident's representative that constitutes a deposit against any
possible damages by the resident.
(d) Any fee charged by a licensee of a residential care facility
for the elderly, whether prior to or after admission, shall be
clearly specified in the admission agreement.
(e) For the purposes of this section, "preadmission fee" means an
application fee, processing fee, admission fee, entrance fee,
community fee, or other fee, however designated, that is requested or
accepted by a licensee of a residential care facility for the
elderly prior to admission.
(f) This section shall not apply to licensees of residential care
facilities for the elderly that have obtained a certificate of
authority to offer continuing care contracts, as defined in paragraph
(8) of subdivision (c) of Section 1771.
(g) If the applicant decides not to enter the facility prior to
the facility's completion of a preadmission appraisal or if the
facility fails to provide full written disclosure of the preadmission
fee charges and refund conditions, the applicant or the applicant's
representative shall be entitled to a refund of 100 percent of the
preadmission fee.
(h) Unless subdivision (g) applies, preadmission fees in excess of
five hundred dollars ($500) shall be refunded according to the
following:
(1) If the applicant does not enter the facility after a
preadmission appraisal is conducted, the applicant or the applicant's
representative shall be entitled to a refund of at least 80 percent
of the preadmission fee amount in excess of five hundred dollars
($500).
(2) If the resident leaves the facility for any reason during the
first month of residency, the resident shall be entitled to a refund
of at least 80 percent of the preadmission fee amount in excess of
five hundred dollars ($500).
(3) If the resident leaves the facility for any reason during the
second month of residency, the resident shall be entitled to a refund
of at least 60 percent of the preadmission fee amount in excess of
five hundred dollars ($500).
(4) If the resident leaves the facility for any reason during the
third month of residency, the resident shall be entitled to a refund
of at least 40 percent of the preadmission fee amount in excess of
five hundred dollars ($500).
(5) The facility may, but is not required to, make a refund of the
preadmission fee for residents living in the facility for four or
more months.
(i) (1) Notwithstanding subdivision (g), if a resident is evicted
by a facility pursuant to subdivision (a) of Section 1569.682, the
resident or the resident's legal representative shall be entitled to
a refund of preadmission fees in excess of five hundred dollars
($500) in accordance with all of the following:
(A) A 100-percent refund if preadmission fees were paid within six
months of notice of eviction.
(B) A 75-percent refund if preadmission fees were paid more than
six months but not more than 12 months before notice of eviction.
(C) A 50-percent refund if preadmission fees were paid more than
12 months but not more than 18 months before notice of eviction.
(D) A 25-percent refund if preadmission fees were paid more than
18 months but less than 25 months before notice of eviction.
(2) No preadmission refund is required if preadmission fees were
paid 25 months or more before the notice of eviction.
(3) The preadmission refund required by this subdivision shall be
paid within 15 days of issuing the eviction notice.
1569.655. (a) If a licensee of a residential care facility for the
elderly increases the rates of fees for residents or makes increases
in any of its rate structures for services, the licensee shall
provide no less than 60 days' prior written notice to the residents
or the residents' representatives setting forth the amount of the
increase, the reason for the increase, and a general description of
the additional costs, except for an increase in the rate due to a
change in the level of care of the resident. This subdivision shall
not apply to optional services that are provided by individuals,
professionals, or organizations under a separate fee-for-service
arrangement with residents.
(b) No licensee shall charge nonrecurring lump-sum assessments.
The notification requirements contained in subdivision (a) shall
apply to increases specified in this subdivision. For purposes of
this subdivision, "nonrecurring lump-sum assessments" mean rate
increases due to unavoidable and unexpected costs that financially
obligate the licensee. In lieu of the lump-sum payment, all increases
in rates shall be to the monthly rate amortized over a 12-month
period. The prohibition against a lump-sum assessment shall not apply
to charges for specific goods or services provided to an individual
resident.
(c) If a licensee increases rates for a recipient under the State
Supplementary Program for the Aged, Blind and Disabled, described in
Article 5 (Commencing with Section 12200) of Chapter 3 of Part 3 of
Division 9 of the Welfare and Institutions Code, the licensee shall
meet the requirements for SSI/SSP rate increases, as prescribed by
law.
(d) This section shall not apply to licensees of residential care
facilities for the elderly that have obtained a certificate of
authority to offer continuing care contracts, as defined in paragraph
(5) of subdivision (c) of Section 1771.
1569.657. (a) For any rate increase due to a change in the level of
care of the resident, the licensee shall provide the resident and
the resident's representative, if any, written notice of the rate
increase within two business days after initially providing services
at the new level of care. The notice shall include a detailed
explanation of the additional services to be provided at the new
level of care and an accompanying itemization of the charges.
(b) This section shall not apply to any resident of the facility
who is a recipient of benefits pursuant to Article 5 (commencing with
Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare
and Institutions Code under the State Supplementary Program for Aged,
Blind and Disabled.
(c) This section shall not apply to a provider who has entered
into one or more continuing care contracts at a licensed residential
care facility for the elderly pursuant to a certificate of authority,
as defined in paragraph (5) of subdivision (c) of Section 1771.
1569.658. (a) On or before January 31 of each year, the licensee of
a licensed residential care facility for the elderly shall prepare a
document disclosing its average monthly rate increases, inclusive of
rates for living units and service fees, for each of the previous 3
years. For purposes of this section, "service fees" do not include
fees for optional services or services provided by a third party. The
licensee shall disclose the average amount of the increase, as well
as the average percentage of increase. Newly licensed facilities
without three years of resident rate increase history shall disclose
the average increase for the years during which the facility has been
serving residents. This section does not apply to newly licensed
facilities with no current residents.
(b) The licensee shall provide a written copy of the disclosure
required by this section to every resident or resident's
representative, upon signing an admission agreement to receive
residential or other services from the facility. The resident or
resident's representative shall sign a confirmation of receipt of the
disclosure, which shall be maintained by the facility in the
resident's file.
(c) The licensee shall provide a copy of the most recent
disclosure required by this section to any prospective resident, or
his or her representative.
(d) This section shall not apply to a licensee of a residential
care facility for the elderly that has obtained a certificate of
authority to offer a continuing care contract, as defined in
paragraph (5) of subdivision (c) of Section 1771.
1569.66. At least annually, the director shall publish and make
available to interested persons a list or lists covering all licensed
residential care facilities for the elderly and the services for
which each facility has been licensed. A list or lists containing
changes shall be published and made available periodically, as
determined by the director.
1569.67. (a) The department shall develop a written notice for the
purpose of informing any individual who requests information
regarding admission to a residential care facility for the elderly
that the department's licensing analysts' inspection reports on all
residential care facilities for the elderly are on file and are
available for public review in the department's community care
licensing district office nearest to each residential care facility
for the elderly.
(b) The department shall adopt regulations requiring that each
residential care facility provide this notice, as well as the address
of the nearest departmental community care licensing district
office, to any individual who requests information regarding
admission to a residential care facility for the elderly and to any
resident of the facility.
1569.68. All residential care facilities shall be required to
include their current license number in any public advertisement or
correspondence.
1569.681. (a) Each residential care facility for the elderly
licensed under this chapter shall reveal its license number in all
advertisements, publications, or announcements made with the intent
to attract clients or residents.
(b) Advertisements, publications, or announcements subject to the
requirements of subdivision (a) referred to herein include, but are
not limited to, those contained in the following:
(1) Newspaper or magazine.
(2) Consumer report.
(3) Announcement of intent to commence business.
(4) Telephone directory yellow pages.
(5) Professional or service directory.
(6) Radio or television commercial.
1569.682. (a) A licensee of a licensed residential care facility
for the elderly shall, prior to transferring a resident of the
facility to another facility or to an independent living arrangement
as a result of the forfeiture of a license, as described in
subdivision (a), (b), or (f) of Section 1569.19 or change of use of
the facility pursuant to the department's regulations, take all
reasonable steps to transfer affected residents safely and to
minimize possible transfer trauma, and shall, at a minimum, do all of
the following:
(1) Prepare, for each resident, a relocation evaluation of the
needs of that resident, which shall include both of the following:
(A) Recommendations on the type of facility that would meet the
needs of the resident based on the current service plan.
(B) A list of facilities, within a 60-mile radius of the resident'
s current facility, that meet the resident's present needs.
(2) Provide each resident or the resident's responsible person
with a written notice no later than 60 days before the intended
eviction. The notice shall include all of the following:
(A) The reason for the eviction, with specific facts to permit a
determination of the date, place, witnesses, and circumstances
concerning the reasons.
(B) A copy of the resident's current service plan.
(C) The relocation evaluation.
(D) A list of referral agencies.
(E) The right of the resident or resident's legal representative
to contact the department to investigate the reasons given for the
eviction pursuant to Section 1569.35.
(3) Discuss the relocation evaluation with the resident and his or
her legal representative within 30 days of issuing the notice of
eviction.
(4) Submit a written report of any eviction to the licensing
agency within five days.
(5) Upon issuing the written notice of eviction, a licensee shall
not accept new residents or enter into new admission agreements.
(6) (A) For paid preadmission fees in excess of five hundred
dollars ($500), the resident is entitled to a refund in accordance
with all of the following:
(i) A 100-percent refund if preadmission fees were paid within six
months of notice of eviction.
(ii) A 75-percent refund if preadmission fees were paid more than
six months but not more than 12 months before notice of eviction.
(iii) A 50-percent refund if preadmission fees were paid more than
12 months but not more than 18 months before notice of eviction.
(iv) A 25-percent refund if preadmission fees were paid more than
18 months but less than 25 months before notice of eviction.
(B) No preadmission refund is required if preadmission fees were
paid 25 months or more before the notice of eviction.
(C) The preadmission refund required by this paragraph shall be
paid within 15 days of issuing the eviction notice. In lieu of the
refund, the resident may request that the licensee provide a credit
toward the resident's monthly fee obligation in an amount equal to
the preadmission fee refund due.
(7) If the resident gives notice five days before leaving the
facility, the licensee shall refund to the resident or his or her
legal representative a proportional per diem amount of any prepaid
monthly fees at the time the resident leaves the facility and the
unit is vacated. Otherwise the licensee shall pay the refund within
seven days from the date that the resident leaves the facility and
the unit is vacated.
(8) Within 10 days of all residents having left the facility, the
licensee, based on information provided by the resident or resident's
legal representative, shall submit a final list of names and new
locations of all residents to the department and the local
ombudsperson program.
(b) If seven or more residents of a residential care facility for
the elderly will be transferred as a result of the forfeiture of a
license or change in the use of the facility pursuant to subdivision
(a), the licensee shall submit a proposed closure plan to the
department for approval. The department shall approve or disapprove
the closure plan, and monitor its implementation, in accordance with
the following requirements:
(1) Upon submission of the closure plan, the licensee shall be
prohibited from accepting new residents and entering into new
admission agreements for new residents.
(2) The closure plan shall meet the requirements described in
subdivision (a), and describe the staff available to assist in the
transfers. The department's review shall include a determination as
to whether the licensee's closure plan contains a relocation
evaluation for each resident.
(3) Within 15 working days of receipt, the department shall
approve or disapprove the closure plan prepared pursuant to this
subdivision, and, if the department approves the plan, it shall
become effective upon the date the department grants its written
approval of the plan.
(4) If the department disapproves a closure plan, the licensee may
resubmit an amended plan, which the department shall promptly either
approve or disapprove, within 10 working days of receipt by the
department of the amended plan. If the department fails to approve a
closure plan, it shall inform the licensee, in writing, of the
reasons for the disapproval of the plan.
(5) If the department fails to take action within 20 working days
of receipt of either the original or the amended closure plan, the
plan, or amended plan, as the case may be, shall be deemed approved.
(6) Until such time that the department has approved a licensee's
closure plan, the facility shall not issue a notice of transfer or
require any resident to transfer.
(7) Upon approval by the department, the licensee shall send a
copy of the closure plan to the local ombudsperson program.
(c) (1) If a licensee fails to comply with the requirements of
subdivision (a), and if the director determines that it is necessary
to protect the residents of a facility from physical or mental abuse,
abandonment, or any other substantial threat to health or safety,
the department shall take any necessary action to minimize trauma for
the residents. The department shall contact any local agency that
may have placement or advocacy responsibility for the residents, and
shall work with those agencies to locate alternative placement sites,
contact relatives or other persons responsible for the care of these
residents, provide onsite evaluation of the residents, and assist in
the transfer of residents.
(2) The participation of the department and local agencies in the
relocation of residents from a residential care facility for the
elderly shall not relieve the licensee of any responsibility under
this section. A licensee that fails to comply with the requirements
of this section shall be required to reimburse the department and
local agencies for the cost of providing the relocation services. If
the licensee fails to provide the relocation services required in
subdivisions (a) and (b), then the department may request that the
Attorney General's office, the city attorney's office, or the local
district attorney's office seek injunctive relief and damages in the
same manner as provided for in Chapter 5 (commencing with Section
17200) of Part 2 of Division 7 of the Business and Professions Code.
(d) A licensee who fails to comply with requirements of this
section shall be liable for the imposition of civil penalties in the
amount of one hundred dollars ($100) per violation per day for each
day that the licensee is in violation of this section, until such
time that the violation has been corrected. The civil penalties shall
be issued immediately following the written notice of violation.
However, if the violation does not present an immediate or
substantial threat to the health or safety of residents and the
licensee corrects the violation within three days after receiving the
notice of violation, the licensee shall not be liable for payment of
any civil penalties pursuant to this subdivision related to the
corrected violation.
(e) A resident of a residential care facility for the elderly
covered under this section, may bring a civil action against any
person, firm, partnership, or corporation who owns, operates,
establishes, manages, conducts, or maintains a residential care
facility for the elderly who violates the rights of a resident, as
set forth in this section. Any person, firm, partnership, or
corporation who owns, operates, establishes, manages, conducts, or
maintains a residential care facility for the elderly who violates
this section shall be responsible for the acts of the facility's
employees and shall be liable for costs and attorney fees. Any such
residential care facility for the elderly may also be enjoined from
permitting the violation to continue. The remedies specified in this
section shall be in addition to any other remedy provided by law.
(f) This section does not apply to a licensee that has obtained a
certificate of authority to offer continuing care contracts, as
defined in paragraph (8) of subdivision (c) of Section 1771.
1569.683. (a) In addition to complying with other applicable
regulations, a licensee of a residential care facility for the
elderly who sends a notice of eviction to a resident shall set forth
in the notice to quit the reasons relied upon for the eviction, with
specific facts to permit determination of the date, place, witnesses,
and circumstances concerning those reasons. In addition, the notice
to quit shall include all of the following:
(1) The effective date of the eviction.
(2) Resources available to assist in identifying alternative
housing and care options, including public and private referral
services and case management organizations.
(3) Information about the resident's right to file a complaint
with the department regarding the eviction, with the name, address,
and telephone number of the nearest office of community care
licensing and the State Ombudsman.
(4) The following statement: "In order to evict a resident who
remains in the facility after the effective date of the eviction, the
residential care facility for the elderly must file an unlawful
detainer action in superior court and receive a written judgment
signed by a judge. If the facility pursues the unlawful detainer
action, you must be served with a summons and complaint. You have the
right to contest the eviction in writing and through a hearing."
(b) The licensee, in addition to either serving a 30-day notice,
or seeking approval from the department and serving three days
notice, on the resident, shall notify, or mail a copy of the notice
to quit to, the resident's responsible person.
1569.69. (a) Each residential care facility for the elderly
licensed under this chapter shall ensure that each employee of the
facility who assists residents with the self-administration of
medications meets the following training requirements:
(1) In facilities licensed to provide care for 16 or more persons,
the employee shall complete 16 hours of initial training. This
training shall consist of eight hours of hands-on shadowing training,
which shall be completed prior to assisting with the
self-administration of medications, and eight hours of other training
or instruction, as described in subdivision (f), which shall be
completed within the first two weeks of employment.
(2) In facilities licensed to provide care for 15 or fewer
persons, the employee shall complete six hours of initial training.
This training shall consist of two hours of hands-on shadowing
training, which shall be completed prior to assisting with the
self-administration of medications, and four hours of other training
or instruction, as described in subdivision (f), which shall be
completed within the first two weeks of employment.
(3) An employee shall be required to complete the training
requirements for hands-on shadowing training described in this
subdivision prior to assisting any resident in the
self-administration of medications. The training and instruction
described in this subdivision shall be completed, in their entirety,
within the first two weeks of employment.
(4) The training shall cover all of the following areas:
(A) The role, responsibilities, and limitations of staff who
assist residents with the self-administration of medication,
including tasks limited to licensed medical professionals.
(B) An explanation of the terminology specific to medication
assistance.
(C) An explanation of the different types of medication orders:
prescription, over-the-counter, controlled, and other medications.
(D) An explanation of the basic rules and precautions of
medication assistance.
(E) Information on medication forms and routes for medication
taken by residents.
(F) A description of procedures for providing assistance with the
self-administration of medications in and out of the facility, and
information on the medication documentation system used in the
facility.
(G) An explanation of guidelines for the proper storage, security,
and documentation of centrally stored medications.
(H) A description of the processes used for medication ordering,
refills, and the receipt of medications from the pharmacy.
(I) An explanation of medication side effects, adverse reactions,
and errors.
(5) To complete the training requirements set forth in this
subdivision, each employee shall pass an examination that tests the
employee's comprehension of, and competency in, the subjects listed
in paragraph (4).
(6) Residential care facilities for the elderly shall encourage
pharmacists and licensed medical professionals to use plain English
when preparing labels on medications supplied to residents. As used
in this section, "plain English" means that no abbreviations,
symbols, or Latin medical terms shall be used in the instructions for
the self-administration of medication.
(7) The training requirements of this section are not intended to
replace or supplant those required of all staff members who assist
residents with personal activities of daily living as set forth in
Section 1569.625.
(8) The training requirements of this section shall be repeated if
either of the following occurs:
(A) An employee returns to work for the same licensee after a
break of service of more than 180 consecutive calendar days.
(B) An employee goes to work for another licensee in a facility in
which he or she assists residents with the self-administration of
medication.
(b) Each employee who received training and passed the examination
required in paragraph (5) of subdivision (a), and who continues to
assist with the self-administration of medicines, shall also complete
four hours of in-service training on medication-related issues in
each succeeding 12-month period.
(c) The requirements set forth in subdivisions (a) and (b) do not
apply to persons who are licensed medical professionals.
(d) Each residential care facility for the elderly that provides
employee training under this section shall use the training material
and the accompanying examination that are developed by, or in
consultation with, a licensed nurse, pharmacist, or physician. The
licensed residential care facility for the elderly shall maintain the
following documentation for each medical consultant used to develop
the training:
(1) The name, address, and telephone number of the consultant.
(2) The date when consultation was provided.
(3) The consultant's organization affiliation, if any, and any
educational and professional qualifications specific to medication
management.
(4) The training topics for which consultation was provided.
(e) Each person who provides employee training under this section
shall meet the following education and experience requirements:
(1) A minimum of five hours of initial, or certified continuing,
education or three semester units, or the equivalent, from an
accredited educational institution, on topics relevant to medication
management.
(2) The person shall meet any of the following practical
experience or licensure requirements:
(A) Two years of full-time experience, within the last four years,
as a consultant with expertise in medication management in areas
covered by the training described in subdivision (a).
(B) Two years of full-time experience, or the equivalent, within
the last four years, as an administrator for a residential care
facility for the elderly, during which time the individual has acted
in substantial compliance with applicable regulations.
(C) Two years of full-time experience, or the equivalent, within
the last four years, as a direct care provider assisting with the
self-administration of medications for a residential care facility
for the elderly, during which time the individual has acted in
substantial compliance with applicable regulations.
(D) Possession of a license as a medical professional.
(3) The licensed residential care facility for the elderly shall
maintain the following documentation on each person who provides
employee training under this section:
(A) The person's name, address, and telephone number.
(B) Information on the topics or subject matter covered in the
training.
(C) The time, dates, and hours of training provided.
(f) Other training or instruction, as required in paragraphs (1)
and (2) of subdivision (a), may be provided offsite, and may use
various methods of instruction, including, but not limited to, all of
the following:
(1) Lectures by presenters who are knowledgeable about medication
management.
(2) Video recorded instruction, interactive material, online
training, and books.
(3) Other written or visual materials approved by organizations or
individuals with expertise in medication management.
(g) Residential care facilities for the elderly licensed to
provide care for 16 or more persons shall maintain documentation that
demonstrates that a consultant pharmacist or nurse has reviewed the
facility's medication management program and procedures at least
twice a year.
(h) Nothing in this section authorizes unlicensed personnel to
directly administer medications.
1569.695. (a) In addition to any other requirement of this chapter,
a residential care facility for the elderly shall have an emergency
plan that shall include, but not be limited to, all of the following:
(1) Evacuation procedures.
(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 long-term power failure.
(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.
(4) 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.
(B) Responding to individual residents' needs in the event the
emergency call buttons are inoperable.
(C) Process for communicating with residents, families, hospice
providers, and others, as appropriate, that might include landline
telephones, cellular telephones, or walkie-talkies.
(D) Assistance with, and administration of, medications.
(E) Storage and preservation of medications.
(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 residents with special needs, such
as hospice, and a plan for meeting those needs.
(b) Each facility subject to this section shall make the plan
available upon request to residents onsite and available to local
emergency responders.
(c) The department's Community Care Licensing Division shall
confirm, during comprehensive licensing visits, that the plan is on
file at the facility.
(d) Nothing in this section shall create a new or additional
requirement for the department to evaluate the emergency plan. The
department shall only verify that the plan is on file at the time of
the comprehensive inspection.
(e) This subdivision shall not apply to residential care
facilities for the elderly that have obtained a certificate of
authority to offer continuing care contracts, as defined in paragraph
(5) of subdivision (c) of Section 1771.
(f) This section shall become operative on March 1, 2009.
1569.60. (a) The director shall require as a condition precedent to
the issuance of any license for a residential care facility for the
elderly, if the licensee handles or will handle any money of a person
within the facility, that the applicant for the license file or have
on file with the department a bond issued by a surety company
admitted to do business in this state in a sum to be fixed by the
department based upon the magnitude of the operations of the
applicant, but which sum shall not be less than one thousand dollars
($1,000), running to the State of California and conditioned upon his
or her faithful and honest handling of the money of persons within
the facility.
(b) The failure of any licensee under this chapter to maintain on
file with the state department a bond in the amount prescribed by the
director or who embezzles the trust funds of a person in the
facility shall constitute cause for the revocation of the license.
(c) The provisions of this section shall not apply if the licensee
handles moneys of persons within the residential care facility for
the elderly in amounts less than fifty dollars ($50) per person and
less than five hundred dollars ($500) for all persons in any month.
1569.601. The director may grant a partial or total variance from
the bonding requirements of Section 1569.60 for any residential care
facility for the elderly if he or she finds that compliance with them
is so onerous that a residential care facility for the elderly will
cease to operate, and if he or she also finds that money of the
persons received or cared for in the facility has been, or will be,
deposited in a bank in this state, in a trust company authorized to
transact a trust business in this state, or in a savings and loan
association in this state, upon condition that the money may not be
withdrawn except on authorization of the guardian or conservator of
the person.
1569.61. The department shall develop and maintain at each district
office a file for each facility in that district, containing all
documents regarding the facility that were received or created by the
department on or after January 1, 1999, and that are not
confidential under other provisions of law. This file shall be
available immediately upon the request of any consumer who shall have
the right to obtain copies of documents from the file upon the
payment of a reasonable charge for the copies.
1569.613. Any person who becomes an administrator of a residential
care facility for the elderly on or after January 1, 1992, shall, at
a minimum, comply with all of the following:
(a) Be at least 21 years of age.
(b) Have a valid certificate as an administrator of a residential
care facility for the elderly as required by Section 1569.616, or
have submitted the documentation required to obtain a certificate
pursuant to subdivision (d) of Section 1569.616.
(c) Have a high school diploma or pass a general educational
development test as described in Article 3 (commencing with Section
51420) of Chapter 3 of Part 28 of the Education Code.
(d) Obtain criminal record clearance as provided for in Sections
1569.17 and 1569.171.
1569.616. (a) (1) An administrator of a residential care facility
for the elderly shall be required to successfully complete a
department-approved certification program prior to employment.
(2) In those cases where the individual is both the licensee and
the administrator of a facility, or a licensed nursing home
administrator, the individual shall comply with the requirements of
this section unless he or she qualifies for one of the exemptions
provided for in subdivision (b).
(3) Failure to comply with this section shall constitute cause for
revocation of the license of the facility where an individual is
functioning as the administrator.
(4) The licensee shall notify the department within 30 days of any
change in administrators.
(b) Individuals seeking exemptions under paragraph (2) of
subdivision (a) shall meet the following criteria and fulfill the
required portions of the certification program, as the case may be:
(1) An individual designated as the administrator of a residential
care facility for the elderly who holds a valid license as a nursing
home administrator issued in accordance with Chapter 2.35
(commencing with Section 1416) of Division 2 of the Health and Safety
Code shall be required to complete the areas in the uniform core of
knowledge required by this section that pertain to the law,
regulations, policies, and procedural standards that impact the
operations of residential care facilities for the elderly, the use,
misuse, and interaction of medication commonly used by the elderly in
a residential setting, and resident admission, retention, and
assessment procedures, equal to 12 hours of classroom instruction. An
individual meeting the requirements of this paragraph shall not be
required to take a written test.
(2) In those cases where the individual was both the licensee and
administrator on or before July 1, 1991, the individual shall be
required to complete all the areas specified for the certification
program, but shall not be required to take the written test required
by this section. Those individuals exempted from the written test
shall be issued a conditional certification that is valid only for
the administrator of the facility for which the exemption was
granted.
(A) As a condition to becoming an administrator of another
facility, the individual shall be required to pass the written test
provided for in this section.
(B) As a condition to applying for a new facility license, the
individual shall be required to pass the written test provided for in
Section 1569.23.
(c) (1) The administrator certification program shall require a
minimum of 40 hours of classroom instruction that provides training
on a uniform core of knowledge in each of the following areas:
(A) Laws, regulations, and policies and procedural standards that
impact the operations of residential care facilities for the elderly.
(B) Business operations.
(C) Management and supervision of staff.
(D) Psychosocial needs of the elderly.
(E) Community and support services.
(F) Physical needs for elderly persons.
(G) Use, misuse, and interaction of medication commonly used by
the elderly.
(H) Resident admission, retention, and assessment procedures.
(I) Training focused specifically on serving clients with
dementia. This training shall be for at least four hours.
(2) Individuals applying for certification under this section
shall successfully complete an approved certification program, pass a
written test administered by the department within 60 days of
completing the program, and submit the documentation required by
subdivision (d) to the department within 30 days of being notified of
having passed the test. The department may extend these time
deadlines for good cause. The department shall notify the applicant
of his or her test results within 30 days of administering the test.
(d) The department shall not begin the process of issuing a
certificate until receipt of all of the following:
(1) A certificate of completion of the administrator training
required pursuant to this chapter.
(2) The fee required for issuance of the certificate. A fee of one
hundred dollars ($100) shall be charged by the department to cover
the costs of processing the application for certification.
(3) Documentation of passing the written test or of qualifying for
an exemption pursuant to subdivision (b).
(4) Submission of fingerprints. The department and the Department
of Justice shall expedite the criminal record clearance for holders
of certificates of completion. The department may waive the
submission for those persons who have a current criminal record
clearance on file.
(e) It shall be unlawful for any person not certified under this
section to hold himself or herself out as a certified administrator
of a residential care facility for the elderly. Any person willfully
making any false representation as being a certified administrator is
guilty of a misdemeanor.
(f) (1) Certificates issued under this section shall be renewed
every two years and renewal shall be conditional upon the certificate
holder submitting documentation of completion of 40 hours of
continuing education related to the core of knowledge specified in
paragraph (1) of subdivision (c). No more than one-half of the
required 40 hours of continuing education necessary to renew the
certificate may be satisfied through online courses. All other
continuing education hours shall be completed in a classroom setting.
For purposes of this section, individuals who hold a valid license
as a nursing home administrator issued in accordance with Chapter
2.35 (commencing with Section 1416) of Division 2 of the Health and
Safety Code and meet the requirements of paragraph (1) of subdivision
(b) shall only be required to complete 20 hours of continuing
education.
(2) Every certified administrator of a residential care facility
for the elderly is required to renew his or her certificate and shall
complete the continuing education requirements of this subdivision
whether he or she is certified according to subdivision (a) or (b).
At least eight hours of the 40-hour continuing education requirement
for a certified administrator of a residential care facility for the
elderly shall include instruction on serving clients with dementia,
including, but not limited to, instruction related to direct care,
physical environment, and admissions procedures and assessment.
(3) Certificates issued under this section shall expire every two
years, on the anniversary date of the initial issuance of the
certificate, except that any administrator receiving his or her
initial certification on or after January 1, 1999, shall make an
irrevocable election to have his or her recertification date for any
subsequent recertification either on the date two years from the date
of issuance of the certificate or on the individual's birthday
during the second calendar year following certification. The
department shall send a renewal notice to the certificate holder 90
days prior to the expiration date of the certificate. If the
certificate is not renewed prior to its expiration date,
reinstatement shall only be permitted after the certificate holder
has paid a delinquency fee equal to three times the renewal fee and
has provided evidence of completion of the continuing education
required.
(4) To renew a certificate, the certificate holder shall, on or
before the certificate expiration date, request renewal by submitting
to the department documentation of completion of the required
continuing education courses and pay the renewal fee of one hundred
dollars ($100), irrespective of receipt of the department's
notification of the renewal. A renewal request postmarked on or
before the expiration of the certificate is proof of compliance with
this paragraph.
(5) A suspended or revoked certificate is subject to expiration as
provided for in this section. If reinstatement of the certificate is
approved by the department, the certificate holder, as a condition
precedent to reinstatement, shall pay a fee in an amount equal to the
renewal fee, plus the delinquency fee, if any, accrued at the time
of its revocation or suspension.
(6) A certificate that is not renewed within four years after its
expiration shall not be renewed, restored, reissued, or reinstated
except upon completion of a certification program, passing any test
that may be required of an applicant for a new certificate at that
time, and paying the appropriate fees provided for in this section.
(7) A fee of twenty-five dollars ($25) shall be charged for the
reissuance of a lost certificate.
(8) A certificate holder shall inform the department of his or her
employment status within 30 days of any change.
(g) The department may revoke a certificate issued under this
section for any of the following:
(1) Procuring a certificate by fraud or misrepresentation.
(2) Knowingly making or giving any false statement or information
in conjunction with the application for issuance of a certificate.
(3) Criminal conviction unless an exemption is granted pursuant to
Section 1569.17.
(h) The certificate shall be considered forfeited under either of
the following conditions:
(1) The administrator has had a license revoked, suspended, or
denied as authorized under Section 1569.50.
(2) The administrator has been denied employment, residence, or
presence in a facility based on action resulting from an
administrative hearing pursuant to Section 1569.58.
(i) (1) The department shall establish, by regulation, the program
content, the testing instrument, the process for approving
certification programs, and criteria to be used in authorizing
individuals, organizations, or educational institutions to conduct
certification programs and continuing education courses. These
regulations shall be developed in consultation with provider and
consumer organizations, and shall be made available at least six
months prior to the deadline required for certification. The
department may deny vendor approval to any agency or person that has
not provided satisfactory evidence of their ability to meet the
requirements of vendorization set out in the regulations adopted
pursuant to subdivision (j).
(2) (A) A vendor of online programs for continuing education shall
ensure that each online course contains all of the following:
(i) An interactive portion where the participant receives
feedback, through online communication, based on input from the
participant.
(ii) Required use of a personal identification number or personal
identification information to confirm the identity of the
participant.
(iii) A final screen displaying a printable statement, to be
signed by the participant, certifying that the identified participant
completed the course. The vendor shall obtain a copy of the final
screen statement with the original signature of the participant prior
to the issuance of a certificate of completion. The signed statement
of completion shall be maintained by the vendor for a period of
three years and be available to the department upon demand. Any
person who certifies as true any material matter pursuant to this
section that he or she knows to be false is guilty of a misdemeanor.
(B) Nothing in this subdivision shall prohibit the department from
approving online programs for continuing education that do not meet
the requirements of subparagraph (A) if the vendor demonstrates to
the department's satisfaction that, through advanced technology, the
course and the course delivery meet the requirements of this section.
(3) The department may authorize vendors to conduct the
administrator certification training program pursuant to provisions
set forth in this section. The department shall conduct the written
test pursuant to regulations adopted by the department.
(4) The department shall prepare and maintain an updated list of
approved training vendors.
(5) The department may inspect training programs, continuing
education courses, and online courses, at no charge to the
department, in order to determine if content and teaching methods
comply with paragraphs (1) and (2), if applicable, and with
regulations. If the department determines that any vendor is not
complying with the intent of this section, the department shall take
appropriate action to bring the program into compliance, which may
include removing the vendor from the approved list.
(6) The department shall establish reasonable procedures and
timeframes, not to exceed 30 days, for the approval of vendor
training programs.
(7) The department may charge a reasonable fee, not to exceed one
hundred fifty dollars ($150) every two years, to certification
program vendors for review and approval of the initial 40-hour
training program pursuant to subdivision (c). The department may also
charge the vendor a fee, not to exceed one hundred dollars ($100)
every two years, for the review and approval of the continuing
education courses needed for recertification pursuant to this
subdivision.
(j) This section shall be operative upon regulations being adopted
by the department to implement the administrator certification
program as provided for in this section.
(k) The department shall establish a registry for holders of
certificates that shall include, at a minimum, information on
employment status and criminal record clearance.
(l) Notwithstanding any provision of law to the contrary, vendors
approved by the department who exclusively provide either initial or
continuing education courses for certification of administrators of a
residential care facility for the elderly, as defined in subdivision
(k) of Section 1569.2, a group home facility, as defined by
regulations of the department, or an adult residential care facility,
as defined by regulations of the department, shall be regulated
solely by the department pursuant to this chapter. No other state or
local governmental entity shall be responsible for regulating the
activity of those vendors.
1569.617. (a) (1) There is hereby created in the State Treasury,
the Certification Fund from which moneys, upon appropriation of the
Legislature, shall be expended by the department for the purpose of
administering the residential care facilities for the elderly
certification program provided under Sections 1569.23, 1569.615, and
1569.616, the adult residential facilities certification program
pursuant to Section 1562.3, and the group home facilities
certification program pursuant to Section 1522.41.
(2) All money contained in the Residential Care Facility for the
Elderly Fund on the operative date of this paragraph shall be
retained in the Certification Fund for appropriation for the purposes
specified in paragraph (1).
(b) The fund shall consist of specific appropriations that the
Legislature sets aside for use by the fund and all fees, penalties,
and fines collected pursuant to Sections 1522.41, 1562.3, 1562.23,
1569.615, and 1569.616.
(c) For the 1998-99 fiscal year, the sum of not to exceed two
hundred fifty thousand dollars ($250,000) from the Certification Fund
shall be appropriated to the State Department of Social Services to
administer the group home facilities certification program pursuant
to Section 1522.41. The department shall repay the appropriation made
for the 1998-99 fiscal year into the Certification Fund upon receipt
of fees pursuant to Section 1522.41.
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) "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.
1569.62. (a) The director shall ensure that licensees,
administrators, and staffs of residential care facilities for the
elderly have appropriate training to provide the care and services
for which a license or certificate is issued.
(b) The department shall develop jointly with the Department of
Aging, with input from provider organizations, requirements for a
uniform core of knowledge within the required 20 hours of continuing
education for administrators, and their designated substitutes, and
for recertification of administrators of residential care facilities
for the elderly. This knowledge base shall include, as a minimum,
basic understanding of the psychosocial and physical care needs of
elderly persons and administration. The department shall develop
jointly with the Department of Aging, with input from provider
organizations, a uniform resident assessment tool to be used by all
residential care facilities for the elderly. The assessment tool
shall, in lay terms, help to identify resident needs for service and
assistance with activities of daily living.
The departments shall develop a mandatory training program on the
utilization of the assessment tool to be given to administrators and
their designated substitutes.
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.
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 for all direct care staff:
(a) Six hours of resident care orientation within the first four
weeks of employment. All six 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.
1569.627. Any residential care facility for the elderly that
advertises or promotes special care, special programming, or a
special environment for persons with dementia shall disclose to the
department the special features of the facility in its plan of
operation. This information shall be provided to the public by the
facility upon request. The information shall include a brief
narrative description of all of the following facility features:
(a) Philosophy, including, but not limited to, program goals.
(b) Preadmission assessment.
(c) Admission.
(d) Assessment.
(e) Program.
(f) Staff.
(g) Staff training.
(h) Physical environment.
(i) Changes in condition, including, but not limited to, when and
under what circumstances are changes made to a participant's care
plan.
(j) Success indicators.
1569.628. A licensee of a residential care facility for the elderly
that advertises or promotes special care, programming, or
environments for persons with a health related condition, except as
specified in Section 1569.72, shall provide to each prospective
resident an accurate narrative description of these programs and
services. The description shall be provided in writing prior to
admission. All reasonable efforts shall be made to communicate the
information in the narrative description to a person who is unable to
read it himself or herself, including, but not limited to, reading
the description out loud.
1569.63. The director shall insure that licensing personnel at the
department have appropriate training to properly carry out this
chapter.
1569.64. The department shall institute a staff development and
training program within the organization structure to develop among
staff the knowledge and understanding necessary to successfully carry
out this chapter. Specifically, the department shall do all of the
following:
(a) Provide staff with 36 hours of training per year that reflect
the unique needs of the elderly.
(b) Give priority to applications from individuals with experience
as care providers to the elderly.
(c) Provide new staff with comprehensive training within the first
six months of employment. This training shall, at a minimum, include
the following core areas: administrative action process, client
populations, conducting facility visits, cultural awareness,
documentation skills, facility operations, human relation skills,
interviewing techniques, investigation processes, and regulation
administration.
This training shall also provide new staff who have earned fewer
than 16 semester units in gerontology or geriatric education from an
accredited college at least 40 hours of preservice training in the
aging process and the psycho-social and health care needs of elderly
persons.
1569.65. (a) On or before January 1, 1987, the department shall
publish a comprehensive consumer guideline brochure to assist persons
in the evaluation and selection of a licensed residential care
facility for the elderly. The department shall develop the brochure
for publication with the advice and assistance of the Advisory
Committee on Community Care Facilities and the State Department of
Aging.
(b) The consumer guideline brochure shall include, but not be
limited to, guidelines highlighting resident health and safety issues
to be considered in the selection of a residential care facility for
the elderly, locations of the licensing offices of the State
Department of Social Services where facility records may be reviewed,
types of local organizations which may have additional information
on specific facilities, and a list of recommended inquiries to be
made in the selection of a residential care facility for the elderly.
(c) Upon publication, the consumer guideline brochures shall be
distributed to statewide resident advocacy groups, statewide consumer
advocacy groups, state and local ombudsmen, and all licensed
residential care facilities for the elderly. The brochure shall be
made available on request to all other interested persons.
1569.651. (a) A licensee of a residential care facility for the
elderly shall not require any form of preadmission fee or deposit
from a recipient under the State Supplementary Program for the Aged,
Blind and Disabled (Article 5 (commencing with Section 12200) of
Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions
Code) who applies for admission to the facility.
(b) If a licensee charges a preadmission fee, the licensee shall
provide the applicant or his or her representative with a written
general statement describing all costs associated with the
preadmission fee charges and stating that the preadmission fee is
refundable. The statement shall describe the conditions for the
refund as specified in subdivision (g). A licensee shall only charge
a single preadmission fee as defined in subdivision (e) per resident
admission.
(c) A licensee of a residential care facility for the elderly
shall not require, request, or accept any funds from a resident or a
resident's representative that constitutes a deposit against any
possible damages by the resident.
(d) Any fee charged by a licensee of a residential care facility
for the elderly, whether prior to or after admission, shall be
clearly specified in the admission agreement.
(e) For the purposes of this section, "preadmission fee" means an
application fee, processing fee, admission fee, entrance fee,
community fee, or other fee, however designated, that is requested or
accepted by a licensee of a residential care facility for the
elderly prior to admission.
(f) This section shall not apply to licensees of residential care
facilities for the elderly that have obtained a certificate of
authority to offer continuing care contracts, as defined in paragraph
(8) of subdivision (c) of Section 1771.
(g) If the applicant decides not to enter the facility prior to
the facility's completion of a preadmission appraisal or if the
facility fails to provide full written disclosure of the preadmission
fee charges and refund conditions, the applicant or the applicant's
representative shall be entitled to a refund of 100 percent of the
preadmission fee.
(h) Unless subdivision (g) applies, preadmission fees in excess of
five hundred dollars ($500) shall be refunded according to the
following:
(1) If the applicant does not enter the facility after a
preadmission appraisal is conducted, the applicant or the applicant's
representative shall be entitled to a refund of at least 80 percent
of the preadmission fee amount in excess of five hundred dollars
($500).
(2) If the resident leaves the facility for any reason during the
first month of residency, the resident shall be entitled to a refund
of at least 80 percent of the preadmission fee amount in excess of
five hundred dollars ($500).
(3) If the resident leaves the facility for any reason during the
second month of residency, the resident shall be entitled to a refund
of at least 60 percent of the preadmission fee amount in excess of
five hundred dollars ($500).
(4) If the resident leaves the facility for any reason during the
third month of residency, the resident shall be entitled to a refund
of at least 40 percent of the preadmission fee amount in excess of
five hundred dollars ($500).
(5) The facility may, but is not required to, make a refund of the
preadmission fee for residents living in the facility for four or
more months.
(i) (1) Notwithstanding subdivision (g), if a resident is evicted
by a facility pursuant to subdivision (a) of Section 1569.682, the
resident or the resident's legal representative shall be entitled to
a refund of preadmission fees in excess of five hundred dollars
($500) in accordance with all of the following:
(A) A 100-percent refund if preadmission fees were paid within six
months of notice of eviction.
(B) A 75-percent refund if preadmission fees were paid more than
six months but not more than 12 months before notice of eviction.
(C) A 50-percent refund if preadmission fees were paid more than
12 months but not more than 18 months before notice of eviction.
(D) A 25-percent refund if preadmission fees were paid more than
18 months but less than 25 months before notice of eviction.
(2) No preadmission refund is required if preadmission fees were
paid 25 months or more before the notice of eviction.
(3) The preadmission refund required by this subdivision shall be
paid within 15 days of issuing the eviction notice.
1569.655. (a) If a licensee of a residential care facility for the
elderly increases the rates of fees for residents or makes increases
in any of its rate structures for services, the licensee shall
provide no less than 60 days' prior written notice to the residents
or the residents' representatives setting forth the amount of the
increase, the reason for the increase, and a general description of
the additional costs, except for an increase in the rate due to a
change in the level of care of the resident. This subdivision shall
not apply to optional services that are provided by individuals,
professionals, or organizations under a separate fee-for-service
arrangement with residents.
(b) No licensee shall charge nonrecurring lump-sum assessments.
The notification requirements contained in subdivision (a) shall
apply to increases specified in this subdivision. For purposes of
this subdivision, "nonrecurring lump-sum assessments" mean rate
increases due to unavoidable and unexpected costs that financially
obligate the licensee. In lieu of the lump-sum payment, all increases
in rates shall be to the monthly rate amortized over a 12-month
period. The prohibition against a lump-sum assessment shall not apply
to charges for specific goods or services provided to an individual
resident.
(c) If a licensee increases rates for a recipient under the State
Supplementary Program for the Aged, Blind and Disabled, described in
Article 5 (Commencing with Section 12200) of Chapter 3 of Part 3 of
Division 9 of the Welfare and Institutions Code, the licensee shall
meet the requirements for SSI/SSP rate increases, as prescribed by
law.
(d) This section shall not apply to licensees of residential care
facilities for the elderly that have obtained a certificate of
authority to offer continuing care contracts, as defined in paragraph
(5) of subdivision (c) of Section 1771.
1569.657. (a) For any rate increase due to a change in the level of
care of the resident, the licensee shall provide the resident and
the resident's representative, if any, written notice of the rate
increase within two business days after initially providing services
at the new level of care. The notice shall include a detailed
explanation of the additional services to be provided at the new
level of care and an accompanying itemization of the charges.
(b) This section shall not apply to any resident of the facility
who is a recipient of benefits pursuant to Article 5 (commencing with
Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare
and Institutions Code under the State Supplementary Program for Aged,
Blind and Disabled.
(c) This section shall not apply to a provider who has entered
into one or more continuing care contracts at a licensed residential
care facility for the elderly pursuant to a certificate of authority,
as defined in paragraph (5) of subdivision (c) of Section 1771.
1569.658. (a) On or before January 31 of each year, the licensee of
a licensed residential care facility for the elderly shall prepare a
document disclosing its average monthly rate increases, inclusive of
rates for living units and service fees, for each of the previous 3
years. For purposes of this section, "service fees" do not include
fees for optional services or services provided by a third party. The
licensee shall disclose the average amount of the increase, as well
as the average percentage of increase. Newly licensed facilities
without three years of resident rate increase history shall disclose
the average increase for the years during which the facility has been
serving residents. This section does not apply to newly licensed
facilities with no current residents.
(b) The licensee shall provide a written copy of the disclosure
required by this section to every resident or resident's
representative, upon signing an admission agreement to receive
residential or other services from the facility. The resident or
resident's representative shall sign a confirmation of receipt of the
disclosure, which shall be maintained by the facility in the
resident's file.
(c) The licensee shall provide a copy of the most recent
disclosure required by this section to any prospective resident, or
his or her representative.
(d) This section shall not apply to a licensee of a residential
care facility for the elderly that has obtained a certificate of
authority to offer a continuing care contract, as defined in
paragraph (5) of subdivision (c) of Section 1771.
1569.66. At least annually, the director shall publish and make
available to interested persons a list or lists covering all licensed
residential care facilities for the elderly and the services for
which each facility has been licensed. A list or lists containing
changes shall be published and made available periodically, as
determined by the director.
1569.67. (a) The department shall develop a written notice for the
purpose of informing any individual who requests information
regarding admission to a residential care facility for the elderly
that the department's licensing analysts' inspection reports on all
residential care facilities for the elderly are on file and are
available for public review in the department's community care
licensing district office nearest to each residential care facility
for the elderly.
(b) The department shall adopt regulations requiring that each
residential care facility provide this notice, as well as the address
of the nearest departmental community care licensing district
office, to any individual who requests information regarding
admission to a residential care facility for the elderly and to any
resident of the facility.
1569.68. All residential care facilities shall be required to
include their current license number in any public advertisement or
correspondence.
1569.681. (a) Each residential care facility for the elderly
licensed under this chapter shall reveal its license number in all
advertisements, publications, or announcements made with the intent
to attract clients or residents.
(b) Advertisements, publications, or announcements subject to the
requirements of subdivision (a) referred to herein include, but are
not limited to, those contained in the following:
(1) Newspaper or magazine.
(2) Consumer report.
(3) Announcement of intent to commence business.
(4) Telephone directory yellow pages.
(5) Professional or service directory.
(6) Radio or television commercial.
1569.682. (a) A licensee of a licensed residential care facility
for the elderly shall, prior to transferring a resident of the
facility to another facility or to an independent living arrangement
as a result of the forfeiture of a license, as described in
subdivision (a), (b), or (f) of Section 1569.19 or change of use of
the facility pursuant to the department's regulations, take all
reasonable steps to transfer affected residents safely and to
minimize possible transfer trauma, and shall, at a minimum, do all of
the following:
(1) Prepare, for each resident, a relocation evaluation of the
needs of that resident, which shall include both of the following:
(A) Recommendations on the type of facility that would meet the
needs of the resident based on the current service plan.
(B) A list of facilities, within a 60-mile radius of the resident'
s current facility, that meet the resident's present needs.
(2) Provide each resident or the resident's responsible person
with a written notice no later than 60 days before the intended
eviction. The notice shall include all of the following:
(A) The reason for the eviction, with specific facts to permit a
determination of the date, place, witnesses, and circumstances
concerning the reasons.
(B) A copy of the resident's current service plan.
(C) The relocation evaluation.
(D) A list of referral agencies.
(E) The right of the resident or resident's legal representative
to contact the department to investigate the reasons given for the
eviction pursuant to Section 1569.35.
(3) Discuss the relocation evaluation with the resident and his or
her legal representative within 30 days of issuing the notice of
eviction.
(4) Submit a written report of any eviction to the licensing
agency within five days.
(5) Upon issuing the written notice of eviction, a licensee shall
not accept new residents or enter into new admission agreements.
(6) (A) For paid preadmission fees in excess of five hundred
dollars ($500), the resident is entitled to a refund in accordance
with all of the following:
(i) A 100-percent refund if preadmission fees were paid within six
months of notice of eviction.
(ii) A 75-percent refund if preadmission fees were paid more than
six months but not more than 12 months before notice of eviction.
(iii) A 50-percent refund if preadmission fees were paid more than
12 months but not more than 18 months before notice of eviction.
(iv) A 25-percent refund if preadmission fees were paid more than
18 months but less than 25 months before notice of eviction.
(B) No preadmission refund is required if preadmission fees were
paid 25 months or more before the notice of eviction.
(C) The preadmission refund required by this paragraph shall be
paid within 15 days of issuing the eviction notice. In lieu of the
refund, the resident may request that the licensee provide a credit
toward the resident's monthly fee obligation in an amount equal to
the preadmission fee refund due.
(7) If the resident gives notice five days before leaving the
facility, the licensee shall refund to the resident or his or her
legal representative a proportional per diem amount of any prepaid
monthly fees at the time the resident leaves the facility and the
unit is vacated. Otherwise the licensee shall pay the refund within
seven days from the date that the resident leaves the facility and
the unit is vacated.
(8) Within 10 days of all residents having left the facility, the
licensee, based on information provided by the resident or resident's
legal representative, shall submit a final list of names and new
locations of all residents to the department and the local
ombudsperson program.
(b) If seven or more residents of a residential care facility for
the elderly will be transferred as a result of the forfeiture of a
license or change in the use of the facility pursuant to subdivision
(a), the licensee shall submit a proposed closure plan to the
department for approval. The department shall approve or disapprove
the closure plan, and monitor its implementation, in accordance with
the following requirements:
(1) Upon submission of the closure plan, the licensee shall be
prohibited from accepting new residents and entering into new
admission agreements for new residents.
(2) The closure plan shall meet the requirements described in
subdivision (a), and describe the staff available to assist in the
transfers. The department's review shall include a determination as
to whether the licensee's closure plan contains a relocation
evaluation for each resident.
(3) Within 15 working days of receipt, the department shall
approve or disapprove the closure plan prepared pursuant to this
subdivision, and, if the department approves the plan, it shall
become effective upon the date the department grants its written
approval of the plan.
(4) If the department disapproves a closure plan, the licensee may
resubmit an amended plan, which the department shall promptly either
approve or disapprove, within 10 working days of receipt by the
department of the amended plan. If the department fails to approve a
closure plan, it shall inform the licensee, in writing, of the
reasons for the disapproval of the plan.
(5) If the department fails to take action within 20 working days
of receipt of either the original or the amended closure plan, the
plan, or amended plan, as the case may be, shall be deemed approved.
(6) Until such time that the department has approved a licensee's
closure plan, the facility shall not issue a notice of transfer or
require any resident to transfer.
(7) Upon approval by the department, the licensee shall send a
copy of the closure plan to the local ombudsperson program.
(c) (1) If a licensee fails to comply with the requirements of
subdivision (a), and if the director determines that it is necessary
to protect the residents of a facility from physical or mental abuse,
abandonment, or any other substantial threat to health or safety,
the department shall take any necessary action to minimize trauma for
the residents. The department shall contact any local agency that
may have placement or advocacy responsibility for the residents, and
shall work with those agencies to locate alternative placement sites,
contact relatives or other persons responsible for the care of these
residents, provide onsite evaluation of the residents, and assist in
the transfer of residents.
(2) The participation of the department and local agencies in the
relocation of residents from a residential care facility for the
elderly shall not relieve the licensee of any responsibility under
this section. A licensee that fails to comply with the requirements
of this section shall be required to reimburse the department and
local agencies for the cost of providing the relocation services. If
the licensee fails to provide the relocation services required in
subdivisions (a) and (b), then the department may request that the
Attorney General's office, the city attorney's office, or the local
district attorney's office seek injunctive relief and damages in the
same manner as provided for in Chapter 5 (commencing with Section
17200) of Part 2 of Division 7 of the Business and Professions Code.
(d) A licensee who fails to comply with requirements of this
section shall be liable for the imposition of civil penalties in the
amount of one hundred dollars ($100) per violation per day for each
day that the licensee is in violation of this section, until such
time that the violation has been corrected. The civil penalties shall
be issued immediately following the written notice of violation.
However, if the violation does not present an immediate or
substantial threat to the health or safety of residents and the
licensee corrects the violation within three days after receiving the
notice of violation, the licensee shall not be liable for payment of
any civil penalties pursuant to this subdivision related to the
corrected violation.
(e) A resident of a residential care facility for the elderly
covered under this section, may bring a civil action against any
person, firm, partnership, or corporation who owns, operates,
establishes, manages, conducts, or maintains a residential care
facility for the elderly who violates the rights of a resident, as
set forth in this section. Any person, firm, partnership, or
corporation who owns, operates, establishes, manages, conducts, or
maintains a residential care facility for the elderly who violates
this section shall be responsible for the acts of the facility's
employees and shall be liable for costs and attorney fees. Any such
residential care facility for the elderly may also be enjoined from
permitting the violation to continue. The remedies specified in this
section shall be in addition to any other remedy provided by law.
(f) This section does not apply to a licensee that has obtained a
certificate of authority to offer continuing care contracts, as
defined in paragraph (8) of subdivision (c) of Section 1771.
1569.683. (a) In addition to complying with other applicable
regulations, a licensee of a residential care facility for the
elderly who sends a notice of eviction to a resident shall set forth
in the notice to quit the reasons relied upon for the eviction, with
specific facts to permit determination of the date, place, witnesses,
and circumstances concerning those reasons. In addition, the notice
to quit shall include all of the following:
(1) The effective date of the eviction.
(2) Resources available to assist in identifying alternative
housing and care options, including public and private referral
services and case management organizations.
(3) Information about the resident's right to file a complaint
with the department regarding the eviction, with the name, address,
and telephone number of the nearest office of community care
licensing and the State Ombudsman.
(4) The following statement: "In order to evict a resident who
remains in the facility after the effective date of the eviction, the
residential care facility for the elderly must file an unlawful
detainer action in superior court and receive a written judgment
signed by a judge. If the facility pursues the unlawful detainer
action, you must be served with a summons and complaint. You have the
right to contest the eviction in writing and through a hearing."
(b) The licensee, in addition to either serving a 30-day notice,
or seeking approval from the department and serving three days
notice, on the resident, shall notify, or mail a copy of the notice
to quit to, the resident's responsible person.
1569.69. (a) Each residential care facility for the elderly
licensed under this chapter shall ensure that each employee of the
facility who assists residents with the self-administration of
medications meets the following training requirements:
(1) In facilities licensed to provide care for 16 or more persons,
the employee shall complete 16 hours of initial training. This
training shall consist of eight hours of hands-on shadowing training,
which shall be completed prior to assisting with the
self-administration of medications, and eight hours of other training
or instruction, as described in subdivision (f), which shall be
completed within the first two weeks of employment.
(2) In facilities licensed to provide care for 15 or fewer
persons, the employee shall complete six hours of initial training.
This training shall consist of two hours of hands-on shadowing
training, which shall be completed prior to assisting with the
self-administration of medications, and four hours of other training
or instruction, as described in subdivision (f), which shall be
completed within the first two weeks of employment.
(3) An employee shall be required to complete the training
requirements for hands-on shadowing training described in this
subdivision prior to assisting any resident in the
self-administration of medications. The training and instruction
described in this subdivision shall be completed, in their entirety,
within the first two weeks of employment.
(4) The training shall cover all of the following areas:
(A) The role, responsibilities, and limitations of staff who
assist residents with the self-administration of medication,
including tasks limited to licensed medical professionals.
(B) An explanation of the terminology specific to medication
assistance.
(C) An explanation of the different types of medication orders:
prescription, over-the-counter, controlled, and other medications.
(D) An explanation of the basic rules and precautions of
medication assistance.
(E) Information on medication forms and routes for medication
taken by residents.
(F) A description of procedures for providing assistance with the
self-administration of medications in and out of the facility, and
information on the medication documentation system used in the
facility.
(G) An explanation of guidelines for the proper storage, security,
and documentation of centrally stored medications.
(H) A description of the processes used for medication ordering,
refills, and the receipt of medications from the pharmacy.
(I) An explanation of medication side effects, adverse reactions,
and errors.
(5) To complete the training requirements set forth in this
subdivision, each employee shall pass an examination that tests the
employee's comprehension of, and competency in, the subjects listed
in paragraph (4).
(6) Residential care facilities for the elderly shall encourage
pharmacists and licensed medical professionals to use plain English
when preparing labels on medications supplied to residents. As used
in this section, "plain English" means that no abbreviations,
symbols, or Latin medical terms shall be used in the instructions for
the self-administration of medication.
(7) The training requirements of this section are not intended to
replace or supplant those required of all staff members who assist
residents with personal activities of daily living as set forth in
Section 1569.625.
(8) The training requirements of this section shall be repeated if
either of the following occurs:
(A) An employee returns to work for the same licensee after a
break of service of more than 180 consecutive calendar days.
(B) An employee goes to work for another licensee in a facility in
which he or she assists residents with the self-administration of
medication.
(b) Each employee who received training and passed the examination
required in paragraph (5) of subdivision (a), and who continues to
assist with the self-administration of medicines, shall also complete
four hours of in-service training on medication-related issues in
each succeeding 12-month period.
(c) The requirements set forth in subdivisions (a) and (b) do not
apply to persons who are licensed medical professionals.
(d) Each residential care facility for the elderly that provides
employee training under this section shall use the training material
and the accompanying examination that are developed by, or in
consultation with, a licensed nurse, pharmacist, or physician. The
licensed residential care facility for the elderly shall maintain the
following documentation for each medical consultant used to develop
the training:
(1) The name, address, and telephone number of the consultant.
(2) The date when consultation was provided.
(3) The consultant's organization affiliation, if any, and any
educational and professional qualifications specific to medication
management.
(4) The training topics for which consultation was provided.
(e) Each person who provides employee training under this section
shall meet the following education and experience requirements:
(1) A minimum of five hours of initial, or certified continuing,
education or three semester units, or the equivalent, from an
accredited educational institution, on topics relevant to medication
management.
(2) The person shall meet any of the following practical
experience or licensure requirements:
(A) Two years of full-time experience, within the last four years,
as a consultant with expertise in medication management in areas
covered by the training described in subdivision (a).
(B) Two years of full-time experience, or the equivalent, within
the last four years, as an administrator for a residential care
facility for the elderly, during which time the individual has acted
in substantial compliance with applicable regulations.
(C) Two years of full-time experience, or the equivalent, within
the last four years, as a direct care provider assisting with the
self-administration of medications for a residential care facility
for the elderly, during which time the individual has acted in
substantial compliance with applicable regulations.
(D) Possession of a license as a medical professional.
(3) The licensed residential care facility for the elderly shall
maintain the following documentation on each person who provides
employee training under this section:
(A) The person's name, address, and telephone number.
(B) Information on the topics or subject matter covered in the
training.
(C) The time, dates, and hours of training provided.
(f) Other training or instruction, as required in paragraphs (1)
and (2) of subdivision (a), may be provided offsite, and may use
various methods of instruction, including, but not limited to, all of
the following:
(1) Lectures by presenters who are knowledgeable about medication
management.
(2) Video recorded instruction, interactive material, online
training, and books.
(3) Other written or visual materials approved by organizations or
individuals with expertise in medication management.
(g) Residential care facilities for the elderly licensed to
provide care for 16 or more persons shall maintain documentation that
demonstrates that a consultant pharmacist or nurse has reviewed the
facility's medication management program and procedures at least
twice a year.
(h) Nothing in this section authorizes unlicensed personnel to
directly administer medications.
1569.695. (a) In addition to any other requirement of this chapter,
a residential care facility for the elderly shall have an emergency
plan that shall include, but not be limited to, all of the following:
(1) Evacuation procedures.
(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 long-term power failure.
(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.
(4) 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.
(B) Responding to individual residents' needs in the event the
emergency call buttons are inoperable.
(C) Process for communicating with residents, families, hospice
providers, and others, as appropriate, that might include landline
telephones, cellular telephones, or walkie-talkies.
(D) Assistance with, and administration of, medications.
(E) Storage and preservation of medications.
(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 residents with special needs, such
as hospice, and a plan for meeting those needs.
(b) Each facility subject to this section shall make the plan
available upon request to residents onsite and available to local
emergency responders.
(c) The department's Community Care Licensing Division shall
confirm, during comprehensive licensing visits, that the plan is on
file at the facility.
(d) Nothing in this section shall create a new or additional
requirement for the department to evaluate the emergency plan. The
department shall only verify that the plan is on file at the time of
the comprehensive inspection.
(e) This subdivision shall not apply to residential care
facilities for the elderly that have obtained a certificate of
authority to offer continuing care contracts, as defined in paragraph
(5) of subdivision (c) of Section 1771.
(f) This section shall become operative on March 1, 2009.
1569.60. (a) The director shall require as a condition precedent to
the issuance of any license for a residential care facility for the
elderly, if the licensee handles or will handle any money of a person
within the facility, that the applicant for the license file or have
on file with the department a bond issued by a surety company
admitted to do business in this state in a sum to be fixed by the
department based upon the magnitude of the operations of the
applicant, but which sum shall not be less than one thousand dollars
($1,000), running to the State of California and conditioned upon his
or her faithful and honest handling of the money of persons within
the facility.
(b) The failure of any licensee under this chapter to maintain on
file with the state department a bond in the amount prescribed by the
director or who embezzles the trust funds of a person in the
facility shall constitute cause for the revocation of the license.
(c) The provisions of this section shall not apply if the licensee
handles moneys of persons within the residential care facility for
the elderly in amounts less than fifty dollars ($50) per person and
less than five hundred dollars ($500) for all persons in any month.
1569.601. The director may grant a partial or total variance from
the bonding requirements of Section 1569.60 for any residential care
facility for the elderly if he or she finds that compliance with them
is so onerous that a residential care facility for the elderly will
cease to operate, and if he or she also finds that money of the
persons received or cared for in the facility has been, or will be,
deposited in a bank in this state, in a trust company authorized to
transact a trust business in this state, or in a savings and loan
association in this state, upon condition that the money may not be
withdrawn except on authorization of the guardian or conservator of
the person.
1569.61. The department shall develop and maintain at each district
office a file for each facility in that district, containing all
documents regarding the facility that were received or created by the
department on or after January 1, 1999, and that are not
confidential under other provisions of law. This file shall be
available immediately upon the request of any consumer who shall have
the right to obtain copies of documents from the file upon the
payment of a reasonable charge for the copies.
1569.613. Any person who becomes an administrator of a residential
care facility for the elderly on or after January 1, 1992, shall, at
a minimum, comply with all of the following:
(a) Be at least 21 years of age.
(b) Have a valid certificate as an administrator of a residential
care facility for the elderly as required by Section 1569.616, or
have submitted the documentation required to obtain a certificate
pursuant to subdivision (d) of Section 1569.616.
(c) Have a high school diploma or pass a general educational
development test as described in Article 3 (commencing with Section
51420) of Chapter 3 of Part 28 of the Education Code.
(d) Obtain criminal record clearance as provided for in Sections
1569.17 and 1569.171.
1569.616. (a) (1) An administrator of a residential care facility
for the elderly shall be required to successfully complete a
department-approved certification program prior to employment.
(2) In those cases where the individual is both the licensee and
the administrator of a facility, or a licensed nursing home
administrator, the individual shall comply with the requirements of
this section unless he or she qualifies for one of the exemptions
provided for in subdivision (b).
(3) Failure to comply with this section shall constitute cause for
revocation of the license of the facility where an individual is
functioning as the administrator.
(4) The licensee shall notify the department within 30 days of any
change in administrators.
(b) Individuals seeking exemptions under paragraph (2) of
subdivision (a) shall meet the following criteria and fulfill the
required portions of the certification program, as the case may be:
(1) An individual designated as the administrator of a residential
care facility for the elderly who holds a valid license as a nursing
home administrator issued in accordance with Chapter 2.35
(commencing with Section 1416) of Division 2 of the Health and Safety
Code shall be required to complete the areas in the uniform core of
knowledge required by this section that pertain to the law,
regulations, policies, and procedural standards that impact the
operations of residential care facilities for the elderly, the use,
misuse, and interaction of medication commonly used by the elderly in
a residential setting, and resident admission, retention, and
assessment procedures, equal to 12 hours of classroom instruction. An
individual meeting the requirements of this paragraph shall not be
required to take a written test.
(2) In those cases where the individual was both the licensee and
administrator on or before July 1, 1991, the individual shall be
required to complete all the areas specified for the certification
program, but shall not be required to take the written test required
by this section. Those individuals exempted from the written test
shall be issued a conditional certification that is valid only for
the administrator of the facility for which the exemption was
granted.
(A) As a condition to becoming an administrator of another
facility, the individual shall be required to pass the written test
provided for in this section.
(B) As a condition to applying for a new facility license, the
individual shall be required to pass the written test provided for in
Section 1569.23.
(c) (1) The administrator certification program shall require a
minimum of 40 hours of classroom instruction that provides training
on a uniform core of knowledge in each of the following areas:
(A) Laws, regulations, and policies and procedural standards that
impact the operations of residential care facilities for the elderly.
(B) Business operations.
(C) Management and supervision of staff.
(D) Psychosocial needs of the elderly.
(E) Community and support services.
(F) Physical needs for elderly persons.
(G) Use, misuse, and interaction of medication commonly used by
the elderly.
(H) Resident admission, retention, and assessment procedures.
(I) Training focused specifically on serving clients with
dementia. This training shall be for at least four hours.
(2) Individuals applying for certification under this section
shall successfully complete an approved certification program, pass a
written test administered by the department within 60 days of
completing the program, and submit the documentation required by
subdivision (d) to the department within 30 days of being notified of
having passed the test. The department may extend these time
deadlines for good cause. The department shall notify the applicant
of his or her test results within 30 days of administering the test.
(d) The department shall not begin the process of issuing a
certificate until receipt of all of the following:
(1) A certificate of completion of the administrator training
required pursuant to this chapter.
(2) The fee required for issuance of the certificate. A fee of one
hundred dollars ($100) shall be charged by the department to cover
the costs of processing the application for certification.
(3) Documentation of passing the written test or of qualifying for
an exemption pursuant to subdivision (b).
(4) Submission of fingerprints. The department and the Department
of Justice shall expedite the criminal record clearance for holders
of certificates of completion. The department may waive the
submission for those persons who have a current criminal record
clearance on file.
(e) It shall be unlawful for any person not certified under this
section to hold himself or herself out as a certified administrator
of a residential care facility for the elderly. Any person willfully
making any false representation as being a certified administrator is
guilty of a misdemeanor.
(f) (1) Certificates issued under this section shall be renewed
every two years and renewal shall be conditional upon the certificate
holder submitting documentation of completion of 40 hours of
continuing education related to the core of knowledge specified in
paragraph (1) of subdivision (c). No more than one-half of the
required 40 hours of continuing education necessary to renew the
certificate may be satisfied through online courses. All other
continuing education hours shall be completed in a classroom setting.
For purposes of this section, individuals who hold a valid license
as a nursing home administrator issued in accordance with Chapter
2.35 (commencing with Section 1416) of Division 2 of the Health and
Safety Code and meet the requirements of paragraph (1) of subdivision
(b) shall only be required to complete 20 hours of continuing
education.
(2) Every certified administrator of a residential care facility
for the elderly is required to renew his or her certificate and shall
complete the continuing education requirements of this subdivision
whether he or she is certified according to subdivision (a) or (b).
At least eight hours of the 40-hour continuing education requirement
for a certified administrator of a residential care facility for the
elderly shall include instruction on serving clients with dementia,
including, but not limited to, instruction related to direct care,
physical environment, and admissions procedures and assessment.
(3) Certificates issued under this section shall expire every two
years, on the anniversary date of the initial issuance of the
certificate, except that any administrator receiving his or her
initial certification on or after January 1, 1999, shall make an
irrevocable election to have his or her recertification date for any
subsequent recertification either on the date two years from the date
of issuance of the certificate or on the individual's birthday
during the second calendar year following certification. The
department shall send a renewal notice to the certificate holder 90
days prior to the expiration date of the certificate. If the
certificate is not renewed prior to its expiration date,
reinstatement shall only be permitted after the certificate holder
has paid a delinquency fee equal to three times the renewal fee and
has provided evidence of completion of the continuing education
required.
(4) To renew a certificate, the certificate holder shall, on or
before the certificate expiration date, request renewal by submitting
to the department documentation of completion of the required
continuing education courses and pay the renewal fee of one hundred
dollars ($100), irrespective of receipt of the department's
notification of the renewal. A renewal request postmarked on or
before the expiration of the certificate is proof of compliance with
this paragraph.
(5) A suspended or revoked certificate is subject to expiration as
provided for in this section. If reinstatement of the certificate is
approved by the department, the certificate holder, as a condition
precedent to reinstatement, shall pay a fee in an amount equal to the
renewal fee, plus the delinquency fee, if any, accrued at the time
of its revocation or suspension.
(6) A certificate that is not renewed within four years after its
expiration shall not be renewed, restored, reissued, or reinstated
except upon completion of a certification program, passing any test
that may be required of an applicant for a new certificate at that
time, and paying the appropriate fees provided for in this section.
(7) A fee of twenty-five dollars ($25) shall be charged for the
reissuance of a lost certificate.
(8) A certificate holder shall inform the department of his or her
employment status within 30 days of any change.
(g) The department may revoke a certificate issued under this
section for any of the following:
(1) Procuring a certificate by fraud or misrepresentation.
(2) Knowingly making or giving any false statement or information
in conjunction with the application for issuance of a certificate.
(3) Criminal conviction unless an exemption is granted pursuant to
Section 1569.17.
(h) The certificate shall be considered forfeited under either of
the following conditions:
(1) The administrator has had a license revoked, suspended, or
denied as authorized under Section 1569.50.
(2) The administrator has been denied employment, residence, or
presence in a facility based on action resulting from an
administrative hearing pursuant to Section 1569.58.
(i) (1) The department shall establish, by regulation, the program
content, the testing instrument, the process for approving
certification programs, and criteria to be used in authorizing
individuals, organizations, or educational institutions to conduct
certification programs and continuing education courses. These
regulations shall be developed in consultation with provider and
consumer organizations, and shall be made available at least six
months prior to the deadline required for certification. The
department may deny vendor approval to any agency or person that has
not provided satisfactory evidence of their ability to meet the
requirements of vendorization set out in the regulations adopted
pursuant to subdivision (j).
(2) (A) A vendor of online programs for continuing education shall
ensure that each online course contains all of the following:
(i) An interactive portion where the participant receives
feedback, through online communication, based on input from the
participant.
(ii) Required use of a personal identification number or personal
identification information to confirm the identity of the
participant.
(iii) A final screen displaying a printable statement, to be
signed by the participant, certifying that the identified participant
completed the course. The vendor shall obtain a copy of the final
screen statement with the original signature of the participant prior
to the issuance of a certificate of completion. The signed statement
of completion shall be maintained by the vendor for a period of
three years and be available to the department upon demand. Any
person who certifies as true any material matter pursuant to this
section that he or she knows to be false is guilty of a misdemeanor.
(B) Nothing in this subdivision shall prohibit the department from
approving online programs for continuing education that do not meet
the requirements of subparagraph (A) if the vendor demonstrates to
the department's satisfaction that, through advanced technology, the
course and the course delivery meet the requirements of this section.
(3) The department may authorize vendors to conduct the
administrator certification training program pursuant to provisions
set forth in this section. The department shall conduct the written
test pursuant to regulations adopted by the department.
(4) The department shall prepare and maintain an updated list of
approved training vendors.
(5) The department may inspect training programs, continuing
education courses, and online courses, at no charge to the
department, in order to determine if content and teaching methods
comply with paragraphs (1) and (2), if applicable, and with
regulations. If the department determines that any vendor is not
complying with the intent of this section, the department shall take
appropriate action to bring the program into compliance, which may
include removing the vendor from the approved list.
(6) The department shall establish reasonable procedures and
timeframes, not to exceed 30 days, for the approval of vendor
training programs.
(7) The department may charge a reasonable fee, not to exceed one
hundred fifty dollars ($150) every two years, to certification
program vendors for review and approval of the initial 40-hour
training program pursuant to subdivision (c). The department may also
charge the vendor a fee, not to exceed one hundred dollars ($100)
every two years, for the review and approval of the continuing
education courses needed for recertification pursuant to this
subdivision.
(j) This section shall be operative upon regulations being adopted
by the department to implement the administrator certification
program as provided for in this section.
(k) The department shall establish a registry for holders of
certificates that shall include, at a minimum, information on
employment status and criminal record clearance.
(l) Notwithstanding any provision of law to the contrary, vendors
approved by the department who exclusively provide either initial or
continuing education courses for certification of administrators of a
residential care facility for the elderly, as defined in subdivision
(k) of Section 1569.2, a group home facility, as defined by
regulations of the department, or an adult residential care facility,
as defined by regulations of the department, shall be regulated
solely by the department pursuant to this chapter. No other state or
local governmental entity shall be responsible for regulating the
activity of those vendors.
1569.617. (a) (1) There is hereby created in the State Treasury,
the Certification Fund from which moneys, upon appropriation of the
Legislature, shall be expended by the department for the purpose of
administering the residential care facilities for the elderly
certification program provided under Sections 1569.23, 1569.615, and
1569.616, the adult residential facilities certification program
pursuant to Section 1562.3, and the group home facilities
certification program pursuant to Section 1522.41.
(2) All money contained in the Residential Care Facility for the
Elderly Fund on the operative date of this paragraph shall be
retained in the Certification Fund for appropriation for the purposes
specified in paragraph (1).
(b) The fund shall consist of specific appropriations that the
Legislature sets aside for use by the fund and all fees, penalties,
and fines collected pursuant to Sections 1522.41, 1562.3, 1562.23,
1569.615, and 1569.616.
(c) For the 1998-99 fiscal year, the sum of not to exceed two
hundred fifty thousand dollars ($250,000) from the Certification Fund
shall be appropriated to the State Department of Social Services to
administer the group home facilities certification program pursuant
to Section 1522.41. The department shall repay the appropriation made
for the 1998-99 fiscal year into the Certification Fund upon receipt
of fees pursuant to Section 1522.41.
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) "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.
1569.62. (a) The director shall ensure that licensees,
administrators, and staffs of residential care facilities for the
elderly have appropriate training to provide the care and services
for which a license or certificate is issued.
(b) The department shall develop jointly with the Department of
Aging, with input from provider organizations, requirements for a
uniform core of knowledge within the required 20 hours of continuing
education for administrators, and their designated substitutes, and
for recertification of administrators of residential care facilities
for the elderly. This knowledge base shall include, as a minimum,
basic understanding of the psychosocial and physical care needs of
elderly persons and administration. The department shall develop
jointly with the Department of Aging, with input from provider
organizations, a uniform resident assessment tool to be used by all
residential care facilities for the elderly. The assessment tool
shall, in lay terms, help to identify resident needs for service and
assistance with activities of daily living.
The departments shall develop a mandatory training program on the
utilization of the assessment tool to be given to administrators and
their designated substitutes.
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.
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 for all direct care staff:
(a) Six hours of resident care orientation within the first four
weeks of employment. All six 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.
1569.627. Any residential care facility for the elderly that
advertises or promotes special care, special programming, or a
special environment for persons with dementia shall disclose to the
department the special features of the facility in its plan of
operation. This information shall be provided to the public by the
facility upon request. The information shall include a brief
narrative description of all of the following facility features:
(a) Philosophy, including, but not limited to, program goals.
(b) Preadmission assessment.
(c) Admission.
(d) Assessment.
(e) Program.
(f) Staff.
(g) Staff training.
(h) Physical environment.
(i) Changes in condition, including, but not limited to, when and
under what circumstances are changes made to a participant's care
plan.
(j) Success indicators.
1569.628. A licensee of a residential care facility for the elderly
that advertises or promotes special care, programming, or
environments for persons with a health related condition, except as
specified in Section 1569.72, shall provide to each prospective
resident an accurate narrative description of these programs and
services. The description shall be provided in writing prior to
admission. All reasonable efforts shall be made to communicate the
information in the narrative description to a person who is unable to
read it himself or herself, including, but not limited to, reading
the description out loud.
1569.63. The director shall insure that licensing personnel at the
department have appropriate training to properly carry out this
chapter.
1569.64. The department shall institute a staff development and
training program within the organization structure to develop among
staff the knowledge and understanding necessary to successfully carry
out this chapter. Specifically, the department shall do all of the
following:
(a) Provide staff with 36 hours of training per year that reflect
the unique needs of the elderly.
(b) Give priority to applications from individuals with experience
as care providers to the elderly.
(c) Provide new staff with comprehensive training within the first
six months of employment. This training shall, at a minimum, include
the following core areas: administrative action process, client
populations, conducting facility visits, cultural awareness,
documentation skills, facility operations, human relation skills,
interviewing techniques, investigation processes, and regulation
administration.
This training shall also provide new staff who have earned fewer
than 16 semester units in gerontology or geriatric education from an
accredited college at least 40 hours of preservice training in the
aging process and the psycho-social and health care needs of elderly
persons.
1569.65. (a) On or before January 1, 1987, the department shall
publish a comprehensive consumer guideline brochure to assist persons
in the evaluation and selection of a licensed residential care
facility for the elderly. The department shall develop the brochure
for publication with the advice and assistance of the Advisory
Committee on Community Care Facilities and the State Department of
Aging.
(b) The consumer guideline brochure shall include, but not be
limited to, guidelines highlighting resident health and safety issues
to be considered in the selection of a residential care facility for
the elderly, locations of the licensing offices of the State
Department of Social Services where facility records may be reviewed,
types of local organizations which may have additional information
on specific facilities, and a list of recommended inquiries to be
made in the selection of a residential care facility for the elderly.
(c) Upon publication, the consumer guideline brochures shall be
distributed to statewide resident advocacy groups, statewide consumer
advocacy groups, state and local ombudsmen, and all licensed
residential care facilities for the elderly. The brochure shall be
made available on request to all other interested persons.
1569.651. (a) A licensee of a residential care facility for the
elderly shall not require any form of preadmission fee or deposit
from a recipient under the State Supplementary Program for the Aged,
Blind and Disabled (Article 5 (commencing with Section 12200) of
Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions
Code) who applies for admission to the facility.
(b) If a licensee charges a preadmission fee, the licensee shall
provide the applicant or his or her representative with a written
general statement describing all costs associated with the
preadmission fee charges and stating that the preadmission fee is
refundable. The statement shall describe the conditions for the
refund as specified in subdivision (g). A licensee shall only charge
a single preadmission fee as defined in subdivision (e) per resident
admission.
(c) A licensee of a residential care facility for the elderly
shall not require, request, or accept any funds from a resident or a
resident's representative that constitutes a deposit against any
possible damages by the resident.
(d) Any fee charged by a licensee of a residential care facility
for the elderly, whether prior to or after admission, shall be
clearly specified in the admission agreement.
(e) For the purposes of this section, "preadmission fee" means an
application fee, processing fee, admission fee, entrance fee,
community fee, or other fee, however designated, that is requested or
accepted by a licensee of a residential care facility for the
elderly prior to admission.
(f) This section shall not apply to licensees of residential care
facilities for the elderly that have obtained a certificate of
authority to offer continuing care contracts, as defined in paragraph
(8) of subdivision (c) of Section 1771.
(g) If the applicant decides not to enter the facility prior to
the facility's completion of a preadmission appraisal or if the
facility fails to provide full written disclosure of the preadmission
fee charges and refund conditions, the applicant or the applicant's
representative shall be entitled to a refund of 100 percent of the
preadmission fee.
(h) Unless subdivision (g) applies, preadmission fees in excess of
five hundred dollars ($500) shall be refunded according to the
following:
(1) If the applicant does not enter the facility after a
preadmission appraisal is conducted, the applicant or the applicant's
representative shall be entitled to a refund of at least 80 percent
of the preadmission fee amount in excess of five hundred dollars
($500).
(2) If the resident leaves the facility for any reason during the
first month of residency, the resident shall be entitled to a refund
of at least 80 percent of the preadmission fee amount in excess of
five hundred dollars ($500).
(3) If the resident leaves the facility for any reason during the
second month of residency, the resident shall be entitled to a refund
of at least 60 percent of the preadmission fee amount in excess of
five hundred dollars ($500).
(4) If the resident leaves the facility for any reason during the
third month of residency, the resident shall be entitled to a refund
of at least 40 percent of the preadmission fee amount in excess of
five hundred dollars ($500).
(5) The facility may, but is not required to, make a refund of the
preadmission fee for residents living in the facility for four or
more months.
(i) (1) Notwithstanding subdivision (g), if a resident is evicted
by a facility pursuant to subdivision (a) of Section 1569.682, the
resident or the resident's legal representative shall be entitled to
a refund of preadmission fees in excess of five hundred dollars
($500) in accordance with all of the following:
(A) A 100-percent refund if preadmission fees were paid within six
months of notice of eviction.
(B) A 75-percent refund if preadmission fees were paid more than
six months but not more than 12 months before notice of eviction.
(C) A 50-percent refund if preadmission fees were paid more than
12 months but not more than 18 months before notice of eviction.
(D) A 25-percent refund if preadmission fees were paid more than
18 months but less than 25 months before notice of eviction.
(2) No preadmission refund is required if preadmission fees were
paid 25 months or more before the notice of eviction.
(3) The preadmission refund required by this subdivision shall be
paid within 15 days of issuing the eviction notice.
1569.655. (a) If a licensee of a residential care facility for the
elderly increases the rates of fees for residents or makes increases
in any of its rate structures for services, the licensee shall
provide no less than 60 days' prior written notice to the residents
or the residents' representatives setting forth the amount of the
increase, the reason for the increase, and a general description of
the additional costs, except for an increase in the rate due to a
change in the level of care of the resident. This subdivision shall
not apply to optional services that are provided by individuals,
professionals, or organizations under a separate fee-for-service
arrangement with residents.
(b) No licensee shall charge nonrecurring lump-sum assessments.
The notification requirements contained in subdivision (a) shall
apply to increases specified in this subdivision. For purposes of
this subdivision, "nonrecurring lump-sum assessments" mean rate
increases due to unavoidable and unexpected costs that financially
obligate the licensee. In lieu of the lump-sum payment, all increases
in rates shall be to the monthly rate amortized over a 12-month
period. The prohibition against a lump-sum assessment shall not apply
to charges for specific goods or services provided to an individual
resident.
(c) If a licensee increases rates for a recipient under the State
Supplementary Program for the Aged, Blind and Disabled, described in
Article 5 (Commencing with Section 12200) of Chapter 3 of Part 3 of
Division 9 of the Welfare and Institutions Code, the licensee shall
meet the requirements for SSI/SSP rate increases, as prescribed by
law.
(d) This section shall not apply to licensees of residential care
facilities for the elderly that have obtained a certificate of
authority to offer continuing care contracts, as defined in paragraph
(5) of subdivision (c) of Section 1771.
1569.657. (a) For any rate increase due to a change in the level of
care of the resident, the licensee shall provide the resident and
the resident's representative, if any, written notice of the rate
increase within two business days after initially providing services
at the new level of care. The notice shall include a detailed
explanation of the additional services to be provided at the new
level of care and an accompanying itemization of the charges.
(b) This section shall not apply to any resident of the facility
who is a recipient of benefits pursuant to Article 5 (commencing with
Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare
and Institutions Code under the State Supplementary Program for Aged,
Blind and Disabled.
(c) This section shall not apply to a provider who has entered
into one or more continuing care contracts at a licensed residential
care facility for the elderly pursuant to a certificate of authority,
as defined in paragraph (5) of subdivision (c) of Section 1771.
1569.658. (a) On or before January 31 of each year, the licensee of
a licensed residential care facility for the elderly shall prepare a
document disclosing its average monthly rate increases, inclusive of
rates for living units and service fees, for each of the previous 3
years. For purposes of this section, "service fees" do not include
fees for optional services or services provided by a third party. The
licensee shall disclose the average amount of the increase, as well
as the average percentage of increase. Newly licensed facilities
without three years of resident rate increase history shall disclose
the average increase for the years during which the facility has been
serving residents. This section does not apply to newly licensed
facilities with no current residents.
(b) The licensee shall provide a written copy of the disclosure
required by this section to every resident or resident's
representative, upon signing an admission agreement to receive
residential or other services from the facility. The resident or
resident's representative shall sign a confirmation of receipt of the
disclosure, which shall be maintained by the facility in the
resident's file.
(c) The licensee shall provide a copy of the most recent
disclosure required by this section to any prospective resident, or
his or her representative.
(d) This section shall not apply to a licensee of a residential
care facility for the elderly that has obtained a certificate of
authority to offer a continuing care contract, as defined in
paragraph (5) of subdivision (c) of Section 1771.
1569.66. At least annually, the director shall publish and make
available to interested persons a list or lists covering all licensed
residential care facilities for the elderly and the services for
which each facility has been licensed. A list or lists containing
changes shall be published and made available periodically, as
determined by the director.
1569.67. (a) The department shall develop a written notice for the
purpose of informing any individual who requests information
regarding admission to a residential care facility for the elderly
that the department's licensing analysts' inspection reports on all
residential care facilities for the elderly are on file and are
available for public review in the department's community care
licensing district office nearest to each residential care facility
for the elderly.
(b) The department shall adopt regulations requiring that each
residential care facility provide this notice, as well as the address
of the nearest departmental community care licensing district
office, to any individual who requests information regarding
admission to a residential care facility for the elderly and to any
resident of the facility.
1569.68. All residential care facilities shall be required to
include their current license number in any public advertisement or
correspondence.
1569.681. (a) Each residential care facility for the elderly
licensed under this chapter shall reveal its license number in all
advertisements, publications, or announcements made with the intent
to attract clients or residents.
(b) Advertisements, publications, or announcements subject to the
requirements of subdivision (a) referred to herein include, but are
not limited to, those contained in the following:
(1) Newspaper or magazine.
(2) Consumer report.
(3) Announcement of intent to commence business.
(4) Telephone directory yellow pages.
(5) Professional or service directory.
(6) Radio or television commercial.
1569.682. (a) A licensee of a licensed residential care facility
for the elderly shall, prior to transferring a resident of the
facility to another facility or to an independent living arrangement
as a result of the forfeiture of a license, as described in
subdivision (a), (b), or (f) of Section 1569.19 or change of use of
the facility pursuant to the department's regulations, take all
reasonable steps to transfer affected residents safely and to
minimize possible transfer trauma, and shall, at a minimum, do all of
the following:
(1) Prepare, for each resident, a relocation evaluation of the
needs of that resident, which shall include both of the following:
(A) Recommendations on the type of facility that would meet the
needs of the resident based on the current service plan.
(B) A list of facilities, within a 60-mile radius of the resident'
s current facility, that meet the resident's present needs.
(2) Provide each resident or the resident's responsible person
with a written notice no later than 60 days before the intended
eviction. The notice shall include all of the following:
(A) The reason for the eviction, with specific facts to permit a
determination of the date, place, witnesses, and circumstances
concerning the reasons.
(B) A copy of the resident's current service plan.
(C) The relocation evaluation.
(D) A list of referral agencies.
(E) The right of the resident or resident's legal representative
to contact the department to investigate the reasons given for the
eviction pursuant to Section 1569.35.
(3) Discuss the relocation evaluation with the resident and his or
her legal representative within 30 days of issuing the notice of
eviction.
(4) Submit a written report of any eviction to the licensing
agency within five days.
(5) Upon issuing the written notice of eviction, a licensee shall
not accept new residents or enter into new admission agreements.
(6) (A) For paid preadmission fees in excess of five hundred
dollars ($500), the resident is entitled to a refund in accordance
with all of the following:
(i) A 100-percent refund if preadmission fees were paid within six
months of notice of eviction.
(ii) A 75-percent refund if preadmission fees were paid more than
six months but not more than 12 months before notice of eviction.
(iii) A 50-percent refund if preadmission fees were paid more than
12 months but not more than 18 months before notice of eviction.
(iv) A 25-percent refund if preadmission fees were paid more than
18 months but less than 25 months before notice of eviction.
(B) No preadmission refund is required if preadmission fees were
paid 25 months or more before the notice of eviction.
(C) The preadmission refund required by this paragraph shall be
paid within 15 days of issuing the eviction notice. In lieu of the
refund, the resident may request that the licensee provide a credit
toward the resident's monthly fee obligation in an amount equal to
the preadmission fee refund due.
(7) If the resident gives notice five days before leaving the
facility, the licensee shall refund to the resident or his or her
legal representative a proportional per diem amount of any prepaid
monthly fees at the time the resident leaves the facility and the
unit is vacated. Otherwise the licensee shall pay the refund within
seven days from the date that the resident leaves the facility and
the unit is vacated.
(8) Within 10 days of all residents having left the facility, the
licensee, based on information provided by the resident or resident's
legal representative, shall submit a final list of names and new
locations of all residents to the department and the local
ombudsperson program.
(b) If seven or more residents of a residential care facility for
the elderly will be transferred as a result of the forfeiture of a
license or change in the use of the facility pursuant to subdivision
(a), the licensee shall submit a proposed closure plan to the
department for approval. The department shall approve or disapprove
the closure plan, and monitor its implementation, in accordance with
the following requirements:
(1) Upon submission of the closure plan, the licensee shall be
prohibited from accepting new residents and entering into new
admission agreements for new residents.
(2) The closure plan shall meet the requirements described in
subdivision (a), and describe the staff available to assist in the
transfers. The department's review shall include a determination as
to whether the licensee's closure plan contains a relocation
evaluation for each resident.
(3) Within 15 working days of receipt, the department shall
approve or disapprove the closure plan prepared pursuant to this
subdivision, and, if the department approves the plan, it shall
become effective upon the date the department grants its written
approval of the plan.
(4) If the department disapproves a closure plan, the licensee may
resubmit an amended plan, which the department shall promptly either
approve or disapprove, within 10 working days of receipt by the
department of the amended plan. If the department fails to approve a
closure plan, it shall inform the licensee, in writing, of the
reasons for the disapproval of the plan.
(5) If the department fails to take action within 20 working days
of receipt of either the original or the amended closure plan, the
plan, or amended plan, as the case may be, shall be deemed approved.
(6) Until such time that the department has approved a licensee's
closure plan, the facility shall not issue a notice of transfer or
require any resident to transfer.
(7) Upon approval by the department, the licensee shall send a
copy of the closure plan to the local ombudsperson program.
(c) (1) If a licensee fails to comply with the requirements of
subdivision (a), and if the director determines that it is necessary
to protect the residents of a facility from physical or mental abuse,
abandonment, or any other substantial threat to health or safety,
the department shall take any necessary action to minimize trauma for
the residents. The department shall contact any local agency that
may have placement or advocacy responsibility for the residents, and
shall work with those agencies to locate alternative placement sites,
contact relatives or other persons responsible for the care of these
residents, provide onsite evaluation of the residents, and assist in
the transfer of residents.
(2) The participation of the department and local agencies in the
relocation of residents from a residential care facility for the
elderly shall not relieve the licensee of any responsibility under
this section. A licensee that fails to comply with the requirements
of this section shall be required to reimburse the department and
local agencies for the cost of providing the relocation services. If
the licensee fails to provide the relocation services required in
subdivisions (a) and (b), then the department may request that the
Attorney General's office, the city attorney's office, or the local
district attorney's office seek injunctive relief and damages in the
same manner as provided for in Chapter 5 (commencing with Section
17200) of Part 2 of Division 7 of the Business and Professions Code.
(d) A licensee who fails to comply with requirements of this
section shall be liable for the imposition of civil penalties in the
amount of one hundred dollars ($100) per violation per day for each
day that the licensee is in violation of this section, until such
time that the violation has been corrected. The civil penalties shall
be issued immediately following the written notice of violation.
However, if the violation does not present an immediate or
substantial threat to the health or safety of residents and the
licensee corrects the violation within three days after receiving the
notice of violation, the licensee shall not be liable for payment of
any civil penalties pursuant to this subdivision related to the
corrected violation.
(e) A resident of a residential care facility for the elderly
covered under this section, may bring a civil action against any
person, firm, partnership, or corporation who owns, operates,
establishes, manages, conducts, or maintains a residential care
facility for the elderly who violates the rights of a resident, as
set forth in this section. Any person, firm, partnership, or
corporation who owns, operates, establishes, manages, conducts, or
maintains a residential care facility for the elderly who violates
this section shall be responsible for the acts of the facility's
employees and shall be liable for costs and attorney fees. Any such
residential care facility for the elderly may also be enjoined from
permitting the violation to continue. The remedies specified in this
section shall be in addition to any other remedy provided by law.
(f) This section does not apply to a licensee that has obtained a
certificate of authority to offer continuing care contracts, as
defined in paragraph (8) of subdivision (c) of Section 1771.
1569.683. (a) In addition to complying with other applicable
regulations, a licensee of a residential care facility for the
elderly who sends a notice of eviction to a resident shall set forth
in the notice to quit the reasons relied upon for the eviction, with
specific facts to permit determination of the date, place, witnesses,
and circumstances concerning those reasons. In addition, the notice
to quit shall include all of the following:
(1) The effective date of the eviction.
(2) Resources available to assist in identifying alternative
housing and care options, including public and private referral
services and case management organizations.
(3) Information about the resident's right to file a complaint
with the department regarding the eviction, with the name, address,
and telephone number of the nearest office of community care
licensing and the State Ombudsman.
(4) The following statement: "In order to evict a resident who
remains in the facility after the effective date of the eviction, the
residential care facility for the elderly must file an unlawful
detainer action in superior court and receive a written judgment
signed by a judge. If the facility pursues the unlawful detainer
action, you must be served with a summons and complaint. You have the
right to contest the eviction in writing and through a hearing."
(b) The licensee, in addition to either serving a 30-day notice,
or seeking approval from the department and serving three days
notice, on the resident, shall notify, or mail a copy of the notice
to quit to, the resident's responsible person.
1569.69. (a) Each residential care facility for the elderly
licensed under this chapter shall ensure that each employee of the
facility who assists residents with the self-administration of
medications meets the following training requirements:
(1) In facilities licensed to provide care for 16 or more persons,
the employee shall complete 16 hours of initial training. This
training shall consist of eight hours of hands-on shadowing training,
which shall be completed prior to assisting with the
self-administration of medications, and eight hours of other training
or instruction, as described in subdivision (f), which shall be
completed within the first two weeks of employment.
(2) In facilities licensed to provide care for 15 or fewer
persons, the employee shall complete six hours of initial training.
This training shall consist of two hours of hands-on shadowing
training, which shall be completed prior to assisting with the
self-administration of medications, and four hours of other training
or instruction, as described in subdivision (f), which shall be
completed within the first two weeks of employment.
(3) An employee shall be required to complete the training
requirements for hands-on shadowing training described in this
subdivision prior to assisting any resident in the
self-administration of medications. The training and instruction
described in this subdivision shall be completed, in their entirety,
within the first two weeks of employment.
(4) The training shall cover all of the following areas:
(A) The role, responsibilities, and limitations of staff who
assist residents with the self-administration of medication,
including tasks limited to licensed medical professionals.
(B) An explanation of the terminology specific to medication
assistance.
(C) An explanation of the different types of medication orders:
prescription, over-the-counter, controlled, and other medications.
(D) An explanation of the basic rules and precautions of
medication assistance.
(E) Information on medication forms and routes for medication
taken by residents.
(F) A description of procedures for providing assistance with the
self-administration of medications in and out of the facility, and
information on the medication documentation system used in the
facility.
(G) An explanation of guidelines for the proper storage, security,
and documentation of centrally stored medications.
(H) A description of the processes used for medication ordering,
refills, and the receipt of medications from the pharmacy.
(I) An explanation of medication side effects, adverse reactions,
and errors.
(5) To complete the training requirements set forth in this
subdivision, each employee shall pass an examination that tests the
employee's comprehension of, and competency in, the subjects listed
in paragraph (4).
(6) Residential care facilities for the elderly shall encourage
pharmacists and licensed medical professionals to use plain English
when preparing labels on medications supplied to residents. As used
in this section, "plain English" means that no abbreviations,
symbols, or Latin medical terms shall be used in the instructions for
the self-administration of medication.
(7) The training requirements of this section are not intended to
replace or supplant those required of all staff members who assist
residents with personal activities of daily living as set forth in
Section 1569.625.
(8) The training requirements of this section shall be repeated if
either of the following occurs:
(A) An employee returns to work for the same licensee after a
break of service of more than 180 consecutive calendar days.
(B) An employee goes to work for another licensee in a facility in
which he or she assists residents with the self-administration of
medication.
(b) Each employee who received training and passed the examination
required in paragraph (5) of subdivision (a), and who continues to
assist with the self-administration of medicines, shall also complete
four hours of in-service training on medication-related issues in
each succeeding 12-month period.
(c) The requirements set forth in subdivisions (a) and (b) do not
apply to persons who are licensed medical professionals.
(d) Each residential care facility for the elderly that provides
employee training under this section shall use the training material
and the accompanying examination that are developed by, or in
consultation with, a licensed nurse, pharmacist, or physician. The
licensed residential care facility for the elderly shall maintain the
following documentation for each medical consultant used to develop
the training:
(1) The name, address, and telephone number of the consultant.
(2) The date when consultation was provided.
(3) The consultant's organization affiliation, if any, and any
educational and professional qualifications specific to medication
management.
(4) The training topics for which consultation was provided.
(e) Each person who provides employee training under this section
shall meet the following education and experience requirements:
(1) A minimum of five hours of initial, or certified continuing,
education or three semester units, or the equivalent, from an
accredited educational institution, on topics relevant to medication
management.
(2) The person shall meet any of the following practical
experience or licensure requirements:
(A) Two years of full-time experience, within the last four years,
as a consultant with expertise in medication management in areas
covered by the training described in subdivision (a).
(B) Two years of full-time experience, or the equivalent, within
the last four years, as an administrator for a residential care
facility for the elderly, during which time the individual has acted
in substantial compliance with applicable regulations.
(C) Two years of full-time experience, or the equivalent, within
the last four years, as a direct care provider assisting with the
self-administration of medications for a residential care facility
for the elderly, during which time the individual has acted in
substantial compliance with applicable regulations.
(D) Possession of a license as a medical professional.
(3) The licensed residential care facility for the elderly shall
maintain the following documentation on each person who provides
employee training under this section:
(A) The person's name, address, and telephone number.
(B) Information on the topics or subject matter covered in the
training.
(C) The time, dates, and hours of training provided.
(f) Other training or instruction, as required in paragraphs (1)
and (2) of subdivision (a), may be provided offsite, and may use
various methods of instruction, including, but not limited to, all of
the following:
(1) Lectures by presenters who are knowledgeable about medication
management.
(2) Video recorded instruction, interactive material, online
training, and books.
(3) Other written or visual materials approved by organizations or
individuals with expertise in medication management.
(g) Residential care facilities for the elderly licensed to
provide care for 16 or more persons shall maintain documentation that
demonstrates that a consultant pharmacist or nurse has reviewed the
facility's medication management program and procedures at least
twice a year.
(h) Nothing in this section authorizes unlicensed personnel to
directly administer medications.
1569.695. (a) In addition to any other requirement of this chapter,
a residential care facility for the elderly shall have an emergency
plan that shall include, but not be limited to, all of the following:
(1) Evacuation procedures.
(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 long-term power failure.
(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.
(4) 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.
(B) Responding to individual residents' needs in the event the
emergency call buttons are inoperable.
(C) Process for communicating with residents, families, hospice
providers, and others, as appropriate, that might include landline
telephones, cellular telephones, or walkie-talkies.
(D) Assistance with, and administration of, medications.
(E) Storage and preservation of medications.
(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 residents with special needs, such
as hospice, and a plan for meeting those needs.
(b) Each facility subject to this section shall make the plan
available upon request to residents onsite and available to local
emergency responders.
(c) The department's Community Care Licensing Division shall
confirm, during comprehensive licensing visits, that the plan is on
file at the facility.
(d) Nothing in this section shall create a new or additional
requirement for the department to evaluate the emergency plan. The
department shall only verify that the plan is on file at the time of
the comprehensive inspection.
(e) This subdivision shall not apply to residential care
facilities for the elderly that have obtained a certificate of
authority to offer continuing care contracts, as defined in paragraph
(5) of subdivision (c) of Section 1771.
(f) This section shall become operative on March 1, 2009.
