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AB-3313 Mandatory training: employment laws.(2019-2020)

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Date Published: 02/21/2020 09:00 PM
AB3313:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3313


Introduced by Assembly Member Bonta

February 21, 2020


An act to amend Sections 1522.41 1522.42, 1526.8, 1562.01, 1562.3, 1569.23, 1569.616, 1569.62, and 1569.625 of, and to add Section 1596.8651 to, the Health and Safety Code, relating to care facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 3313, as introduced, Bonta. Mandatory training: employment laws.
(1) The California Community Care Facilities Act generally requires the State Department of Social Services to license, inspect, and regulate community care facilities, defined to include, among others, any facility that provides nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults. A violation of the act or a willful or repeated violation of any rule or regulation promulgated under the act is a crime. The act generally requires licensees and employees of licensees to complete specified education and training requirements, including, among others, training on management and supervision of staff.
This bill would require education and training on federal, state, and local jurisdiction employment laws for certain individuals who work in facilities licensed under the act, including, among others, a facility manager and direct childcare workers in a group home and crisis nursery and staff in adults residential care facilities. The bill would require the training to, among other things, be consistent with information in the Division of Labor Standards Enforcement Policies and Interpretations Manual governing residential facilities.
(2) The California Residential Care Facilities for the Elderly Act generally requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly and imposes criminal penalties on a person who violates the act or who willfully or repeatedly violates any rule or regulation adopted under the act. The act generally requires licensees and employees of licensees to complete specified education and training requirements, including, among others, training on management and supervision of staff.
This bill would require education and training on federal, state, and local jurisdiction employment laws, as described above, for employees that include, among others, an administrator of a facility licensed under the act.
(3) The California Child Day Care Facilities Act generally requires the State Department of Social Services to license, inspect, and regulate various types of child day care facilities, defined to include, among others, family daycare homes and day care centers. A person who willfully or repeatedly violates any provision of the act or any rule or regulation promulgated under the act is guilty of a crime. The act generally requires licensees and employees of licensees to complete specified education and training requirements, including, among others, health and safety training and pediatric first aid.
This bill would require a facility director and direct care staff to complete education and training on federal, state, and local jurisdiction employment laws, as described above.
(4) By expanding the duties under these acts, this bill would expand the crimes applicable to those acts, thereby imposing a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 1522.41 of the Health and Safety Code is amended to read:

1522.41.
 (a) (1) The department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2) The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential therapeutic program facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b) (1) In addition to any other requirements or qualifications required by the department, an administrator of a group home or short-term residential therapeutic program shall successfully complete a specified department-approved training certification program, pursuant to subdivision (c), prior to employment.
(2) In those cases when the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3) Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4) The licensee shall notify the department within 10 days of any change in administrators.
(c) (1) The administrator certification programs for group homes 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 the type of facility for which the applicant will be an administrator.
(B) Business operations.
(C) Management and supervision of staff.
(D) Psychosocial and educational needs of the facility residents, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E) Community and support services.
(F) Physical needs of facility residents.
(G) Assistance with self-administration, storage, misuse, and interaction of medication used by facility residents.
(H) Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I) Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(J) Nonviolent emergency intervention and reporting requirements.
(K) Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(L) The information described in subdivision (i) of Section 16521.5 of the Welfare and Institutions Code. The program may use the curriculum created pursuant to subdivision (h), and described in subdivision (i), of Section 16521.5 of the Welfare and Institutions Code.
(M) Three initial mandatory hours of federal, state, and local jurisdiction employment laws, including, but not limited to, minimum wage, overtime, hours worked, deduction of sleep time and other off-duty periods, off-duty and on-duty meal and rest periods, crediting of meals and lodging against the minimum wage, sick leave, employee classifications, pay stub requirements, recordkeeping and retention, where to file claims, whistleblower protections, workers’ compensation insurance requirements, and workplace safety. The training based on state law shall be specific to Industrial Welfare Commission Wage Order No. 5, as applicable to residential care setting facilities. The three hours of employment law training may be counted towards the following areas: (i) laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator; (ii) business operations; or (iii) management and supervision of staff. The content pertaining to state employment laws shall be consistent with information in the Division of Labor Standards Enforcement Policies and Interpretations Manual governing residential facilities and may utilize any materials created by the Division of Labor Standards Enforcement applicable to residential care setting facilities.
(2) The administrator certification programs for short-term residential therapeutic programs 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 the type of facility for which the applicant will be an administrator.
(B) Business operations and management and supervision of staff, including staff training.
(C) Physical and psychosocial needs of the children, including behavior management, de-escalation techniques, and trauma informed crisis management planning.
(D) Permanence, well-being, and educational needs of the children.
(E) Community and support services, including accessing local behavioral and mental health supports and interventions, substance use disorder treatments, and culturally relevant services, as appropriate.
(F) Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(G) Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(H) The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(I) Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(J) Nonviolent emergency intervention and reporting requirements.
(K) Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(L) The information described in subdivision (i) of Section 16521.5 of the Welfare and Institutions Code. The program may use the curriculum created pursuant to subdivision (h), and described in subdivision (i), of Section 16521.5 of the Welfare and Institutions Code.
(M) Three initial mandatory hours of federal, state, and local jurisdiction employment laws, including, but not limited to, minimum wage, overtime, hours worked, deduction of sleep time and other off-duty periods, off-duty and on-duty meal and rest periods, crediting of meals and lodging against the minimum wage, sick leave, employee classifications, pay stub requirements, recordkeeping and retention, where to file claims, whistleblower protections, workers’ compensation insurance requirements, and workplace safety. The training based on state law shall be specific to Industrial Welfare Commission Wage Order No. 5, as applicable to residential care setting facilities. The three hours of employment law training may be counted towards the following areas: (i) laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator; (ii) business operations; or (iii) management and supervision of staff. The content pertaining to state employment laws shall be consistent with information in the Division of Labor Standards Enforcement Policies and Interpretations Manual governing residential facilities and may utilize any materials created by the Division of Labor Standards Enforcement applicable to residential care setting facilities.
(d) Administrators who possess a valid group home license, issued by the department, are exempt from completing an approved initial certification training program and taking a written test, provided the individual completes 12 hours of classroom instruction in the following uniform core of knowledge areas:
(1) Laws, regulations, and policies and procedural standards that impact the operations of a short-term residential therapeutic program.
(2) (A) Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications.
(B) Metabolic monitoring of children prescribed psychotropic medications.
(3) Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(4) The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(5) Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(6) Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
(e) Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (f) within 30 days after being notified of having passed the test. The written test shall include a minimum of eight questions on employment laws. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her their test results within 30 days of administering the test.
(f) 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 from the applicant that he or she the applicant has passed the written test.
(4) Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5) That person is at least 21 years of age.
(g) It shall be unlawful for any person not certified under this section to hold himself or herself themselves out as a certified administrator of a group home or short-term residential therapeutic program. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(h) (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 subdivision (c). At least two hours of the 40-hour continuing education requirement shall include mandatory training on employment laws, as specified pursuant to subparagraph (M) of paragraph (1) of subdivision (c) or subparagraph (M) of paragraph (2) of subdivision (c), as applicable. 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, an individual who is a group home or short-term residential therapeutic program administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. The department shall accept for certification, community college course hours approved by the regional centers.
(2) Every administrator of a group home or short-term residential therapeutic program shall complete the continuing education requirements of this subdivision.
(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 their initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her their 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 shall be proof of compliance with this paragraph.
(5) A suspended or revoked certificate shall be 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 submit proof of compliance with paragraphs (1) and (2) of this subdivision, and 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. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(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 training 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 their employment status and change of mailing address within 30 days of any change.
(i) Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1) The department has revoked any license held by the administrator after the department issued the certificate.
(2) The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(j) (1) The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A) The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department.
(B) The applicant person or agency has a conflict of interest in that the person or agency places its clients in group homes or short-term residential therapeutic programs.
(C) The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential therapeutic programs and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2) The department may authorize vendors to conduct the administrator’s certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3) The department shall prepare and maintain an updated list of approved training vendors.
(4) The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements 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.
(5) The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6) 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.
(7) (A) A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i) An interactive portion in which 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 clause that he or she the person 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.
(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 law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home or short-term residential therapeutic program as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, 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.

SEC. 2.

 Section 1522.42 of the Health and Safety Code is amended to read:

1522.42.
 (a) (1) The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall adopt regulations that establish standardized training and continuing education curricula for facility managers and direct child care childcare workers in group homes.
(2) (A) The training required by this subdivision shall include three initial mandatory hours and two hours biennially of continuing education of federal, state, and local jurisdiction employment laws, including, but not limited to, minimum wage, overtime, hours worked, deduction of sleep time and other off-duty periods, off-duty and on-duty meal and rest periods, crediting of meals and lodging against the minimum wage, sick leave, employee classifications, pay stub requirements, recordkeeping and retention, where to file claims, whistleblower protections, workers’ compensation insurance requirements, and workplace safety. The training based on state law shall be specific to Industrial Welfare Commission Wage Order No. 5, as applicable to residential care setting facilities. The content pertaining to state employment laws shall be consistent with information in the Division of Labor Standards Enforcement Policies and Interpretations Manual governing residential facilities and may utilize any materials created by the Division of Labor Standards Enforcement applicable to residential care setting facilities.
(B) This paragraph shall not be interpreted to increase the total number of required training hours.
(3) (A) Direct care staff shall receive two mandatory initial hours of training and one hour biennially of continuing education of federal, state, and local jurisdiction employment laws, including, but not limited to, minimum wage, overtime, hours worked, deduction of sleep time and other off-duty periods, off-duty and on-duty meal and rest periods, crediting of meals and lodging against the minimum wage, sick leave, employee classifications, pay stub requirements, recordkeeping and retention, where to file claims, whistleblower protections, workers’ compensation insurance requirements, and workplace safety. The training based on state law shall be specific to Industrial Welfare Commission Wage Order No. 5, as applicable to residential care setting facilities. The content pertaining to state employment laws shall be consistent with information in the Division of Labor Standards Enforcement Policies and Interpretations Manual governing residential facilities and may utilize any materials created by the Division of Labor Standards Enforcement applicable to residential care setting facilities.
(B) This paragraph shall not be interpreted to increase the total number of required training hours.
(b) The regulations required by subdivision (a) shall specify the date by which new and current employees shall be required to meet the standardized training and continuing education requirements. For persons employed as child care childcare staff and facility managers on the effective date of the regulations, the department shall provide adequate time for these persons to comply with the regulatory requirements.

SEC. 3.

 Section 1526.8 of the Health and Safety Code is amended to read:

1526.8.
 (a) It is the intent of the Legislature that the department develop modified staffing levels and requirements for crisis nurseries, provided that the health, safety, and well-being of the children in care are protected and maintained.
(1) All caregivers shall be certified in pediatric cardiopulmonary resuscitation (CPR) and pediatric first aid. Certification shall be demonstrated by current and valid pediatric CPR and pediatric first aid cards issued by the American Red Cross, the American Heart Association, by a training program that has been approved by the Emergency Medical Services Authority pursuant to Section 1797.191, or from an accredited college or university.
(2) (A) The licensee shall develop, maintain, and implement a written staff training plan for the orientation, continuing education, on-the-job training and development, supervision, and evaluation of all lead caregivers, caregivers, and volunteers. The licensee shall incorporate the training plan in the crisis nursery plan of operation.
(B) A licensee shall have the training required pursuant to Section 1522.42.
(3) The licensee shall designate at least one lead caregiver to be present at the crisis nursery at all times when children are present. The lead caregiver shall have one of the following education and experience qualifications:
(A) Completion of 12 postsecondary semester units or equivalent quarter units, with a passing grade, as determined by the institution, in classes with a focus on early childhood education, child development, or child health at an accredited college or university, as determined by the department, and six months of work experience in a licensed group home, licensed infant care center, or comparable group child care childcare program or family day care. daycare. At least three semester units, or equivalent quarter units, or equivalent experience shall include coursework or experience in the care of infants.
(B) A current and valid Child Development Associate (CDA) credential, with the appropriate age level endorsement issued by the CDA National Credentialing Program, and at least six months of on-the-job training or work experience in a licensed child care childcare center or comparable group child care childcare program.
(C) A current and valid Child Development Associate Teacher Permit issued by the California Commission on Teacher Credentialing pursuant to Sections 80105 to 80116, inclusive, of Title 5 of the California Code of Regulations.
(4) Lead caregivers shall have a minimum of 24 hours of training and orientation before working with children. One year experience in a supervisory position in a child care childcare or group care facility may substitute for 16 hours of training and orientation. The written staff training plan shall require the lead caregiver to receive and document a minimum of 20 hours of annual training directly related to the functions of his or her their position.
(5) (A) Caregiver staff shall complete a minimum of 24 hours of initial training within the first 90 days of employment. Eight hours of training shall be completed before the caregiver staff are responsible for children, left alone with children, and counted in the staff-to-child ratios described in subdivision (c). A maximum of four hours of training may be satisfied by job shadowing.
(B) Direct care staff shall have the employment law training required pursuant to Section 1522.42.
(b) The department shall allow the use of fully trained and qualified volunteers as caregivers in a crisis nursery, subject to the following conditions:
(1) Volunteers shall be fingerprinted for the purpose of conducting a criminal record review as specified in subdivision (b) of Section 1522.
(2) Volunteers shall complete a child abuse central index check as specified in Section 1522.1.
(3) Volunteers shall be in good physical health and be tested for tuberculosis not more than one year prior to, or seven days after, initial presence in the facility.
(4) Volunteers shall complete a minimum of 16 hours of training as specified in paragraphs (5) and (6).
(5) Prior to assuming the duties and responsibilities of a crisis caregiver or being counted in the staff-to-child ratio, volunteers shall complete at least five hours of initial training divided as follows:
(A) Two hours of crisis nursery job shadowing.
(B) One hour of review of community care licensing regulations.
(C) Two hours of review of the crisis nursery program, including the facility mission statement, goals and objectives, child guidance techniques, and special needs of the client population they serve.
(6) Within 90 days, volunteers who are included in the staff-to-child ratios shall do both of the following:
(A) Acquire a certification in pediatric first aid and pediatric cardiopulmonary resuscitation.
(B) Complete at least 11 hours of training covering child care childcare health and safety issues, trauma informed care, the importance of family and sibling relationships, temperaments of children, self-regulation skills and techniques, and program child guidance techniques.
(7) Volunteers who meet the requirements of paragraphs (1), (2), and (3), but who have not completed the training specified in paragraph (4), (5), or (6) may assist a fully trained and qualified staff person in performing child care childcare duties. However, these volunteers shall not be left alone with children, shall always be under the direct supervision and observation of a fully trained and qualified staff person, and shall not be counted in meeting the minimum staff-to-child ratio requirements.
(c) The department shall allow the use of fully trained and qualified volunteers to be counted in the staff-to-child ratio in a crisis nursery subject to the following conditions:
(1) The volunteers have fulfilled the requirements in paragraphs (1) to (6), inclusive, of subdivision (b).
(2) There shall be at least one fully qualified and employed staff person on site at all times.
(3) (A) There shall be at least one employed staff person or volunteer caregiver for each group of six children, or fraction thereof, who are 18 months of age or older, and one employed staff person or volunteer caregiver for each group of three children, or fraction thereof, who are under 18 months of age from 7 a.m. to 7 p.m.
(B) There shall be at least one employed staff person or volunteer caregiver for each group of six children, or fraction thereof, who are 18 months of age or older, and one employed staff person or volunteer caregiver for each group of four children, or fraction thereof, who are under 18 months of age from 7 p.m. to 7 a.m.
(C) There shall be at least one employed staff person present for every volunteer caregiver used by the crisis nursery for the purpose of meeting the minimum caregiver staffing requirements.
(D) The crisis nursery’s plan of operation shall address how it will deal with unexpected circumstances related to staffing and ensure that additional caregivers are available when needed.
(d) There shall be at least one staff person or volunteer caregiver awake at all times from 7 p.m. to 7 a.m.
(e) (1) When a child has a health condition that requires prescription medication, the licensee shall ensure that the caregiver does all of the following:
(A) Assists children with the taking of the medication as needed.
(B) Ensures that instructions are followed as outlined by the appropriate medical professional.
(C) Stores the medication in accordance with the label instructions in the original container with the original unaltered label in a locked and safe area that is not accessible to children.
(D) Administers the medication as directed on the label and prescribed by the physician in writing.
(i) The licensee shall obtain, in writing, approval and instructions from the child’s authorized representative for administration of the prescription medication for the child. This documentation shall be kept in the child’s record.
(ii) The licensee shall not administer prescription medication to a child in accordance with instructions from the child’s authorized representative if the authorized representative’s instructions conflict with the physician’s written instructions or the label directions as prescribed by the child’s physician.
(2) Nonprescription medications may be administered without approval or instructions from the child’s physician if all of the following conditions are met:
(A) Nonprescription medications shall be administered in accordance with the product label directions on the nonprescription medication container or containers.
(B) (i) For each nonprescription medication, the licensee shall obtain, in writing, approval and instructions from the child’s authorized representative for administration of the nonprescription medication to the child. This documentation shall be kept in the child’s record.
(ii) The licensee shall not administer nonprescription medication to a child in accordance with instructions from the child’s authorized representative if the authorized representative’s instructions conflict with the product label directions on the nonprescription medication container or containers.
(3) The licensee shall develop and implement a written plan to record the administration of the prescription and nonprescription medications and to inform the child’s authorized representative daily, for crisis day services, and upon discharge for overnight care, when the medications have been given.
(4) When no longer needed by the child, or when the child is removed or discharged from the crisis nursery, all medications shall be returned to the child’s authorized representative or disposed of after an attempt to reach the authorized representative.

SEC. 4.

 Section 1562.01 of the Health and Safety Code is amended to read:

1562.01.
 (a) The department shall license short-term residential therapeutic programs, as defined in paragraph (18) of subdivision (a) of Section 1502, pursuant to this chapter. A short-term residential therapeutic program shall comply with all requirements of this chapter that are applicable to group homes and to the requirements of this section.
(b) (1) A short-term residential therapeutic program shall have national accreditation from an entity identified by the department pursuant to the process described in paragraph (6) of subdivision (b) of Section 11462 of the Welfare and Institutions Code.
(2) A short-term residential therapeutic program applicant shall submit documentation of accreditation or application for accreditation with its application for licensure.
(3) A short-term residential therapeutic program shall have up to 24 months from the date of licensure to obtain accreditation.
(4) A short-term residential therapeutic program shall provide documentation to the department reporting its accreditation status at 12 months and at 18 months after the date of licensure.
(5) This subdivision does not preclude the department from requesting additional information from the short-term residential therapeutic program regarding its accreditation status.
(6) The department may revoke a short-term residential therapeutic program’s license pursuant to Article 5 (commencing with Section 1550) for failure to obtain accreditation within the timeframes specified in this subdivision.
(c) (1) A short-term residential therapeutic program shall have up to 12 months from the date of licensure to obtain in good standing a mental health program approval that includes a Medi-Cal mental health certification, as set forth in Sections 4096.5 and 11462.01 of the Welfare and Institutions Code.
(2) A short-term residential therapeutic program shall maintain the program approval described in paragraph (1) in good standing during its licensure.
(3) The department shall track the number of licensed short-term residential therapeutic programs that were unable to obtain a mental health program approval and provide that information to the Legislature annually as part of the State Budget process.
(d) (1) A short-term residential therapeutic program shall prepare and maintain a current, written plan of operation as required by the department.
(2) The plan of operation shall include, but not be limited to, all of the following:
(A) A statement of purposes and goals.
(B) A plan for the supervision, evaluation, and training of staff. The training plan shall be appropriate to meet the needs of staff and children.
(C) A program statement that includes all of the following:
(i) Description of the short-term residential therapeutic program’s ability to support the differing needs of children and their families with short-term, specialized, and intensive treatment.
(ii) Description of the core services, as set forth in paragraph (1) of subdivision (b) of Section 11462 of the Welfare and Institutions Code, to be offered to children and their families, as appropriate or necessary.
(iii) Procedures for the development, implementation, and periodic updating of the needs and services plan for children served by the short-term residential therapeutic program and procedures for collaborating with the child and family team described in paragraph (4) of subdivision (a) of Section 16501 of the Welfare and Institutions Code, that include, but are not limited to, a description of the services to be provided to meet the treatment needs of the child as assessed, pursuant to subdivision (d) or (e) of Section 11462.01 of the Welfare and Institutions Code, the anticipated duration of the treatment, and the timeframe and plan for transitioning the child to a less restrictive family environment.
(iv) A description of the population or populations to be served.
(v) A description of compliance with the mental health program approval requirement in subdivision (c). A short-term residential therapeutic program that has not satisfied the requirement in subdivision (c) shall demonstrate the ability to meet the mental health service needs of children.
(vi) (I) A description of how the short-term residential therapeutic program, in accordance with the child’s case plan and the child and family team recommendations, will provide for, arrange for the provision of, or assist in, both of the following:
(ia) Identification of home-based family settings for a child who no longer needs the level of care and supervision provided by a short-term residential therapeutic program.
(ib) Continuity of care, services, and treatment as a child moves from his or her the child’s short-term residential therapeutic program placement to home-based family care or to a permanent living situation through reunification, adoption, or guardianship.
(II) This clause shall not be interpreted to supersede the placement and care responsibility vested in the county child welfare agency or probation department.
(vii) Any other information that may be prescribed by the department for the proper administration of this section.
(e) In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a short-term residential therapeutic program shall describe, in the plan of operation, its conflict of interest mitigation plan, as set forth in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.
(f) (1) (A) (i) A short-term residential therapeutic program applicant shall submit an application to the department that includes a letter of recommendation in support of its program from a county placing agency.
(ii) The letter of recommendation shall include a statement that the county placing agency reviewed a copy of the applicant’s program statement.
(iii) If the letter of recommendation is not from the county in which the facility is located, the short-term residential therapeutic program applicant shall include, with its application, a statement that it provided the county in which the facility is located an opportunity for that county to review the program statement and notified that county that the facility has received a letter of recommendation from another county.
(B) If the application does not contain a letter of recommendation as described in subparagraph (A), then the department shall cease review of the application. Nothing in this paragraph shall constitute a denial of the application for purposes of Section 1526 or any other law.
(C) A new letter of recommendation is not required when a short-term residential therapeutic program moves locations.
(2) A short-term residential therapeutic program shall submit a copy of its program statement to all county placing agencies from which the short-term residential therapeutic program accepts placements, including the county in which the facility is located, for optional review when the short-term residential therapeutic program updates its program statement.
(g) (1) The department shall adopt regulations to establish requirements for the education, qualification, and training of facility managers and staff who provide care and supervision to children or who have regular, direct contact with children in the course of their responsibilities in short-term residential therapeutic programs consistent with the intended role of these facilities to provide short-term, specialized, and intensive treatment.
(2) Requirements shall include, but not be limited to, all of the following:
(A) Staff classifications.
(B) Specification of the date by which employees shall be required to meet the education and qualification requirements.
(C) Any other requirements that may be prescribed by the department for the proper administration of this section.
(h) The department shall adopt regulations to specify training requirements for staff who provide care and supervision to children or who have regular, direct contact with children in the course of their responsibilities. These requirements shall include the following:
(1) Timeframes for completion of training, including the following:
(A) Training that shall be completed prior to unsupervised care of children.
(B) Training to be completed within the first 180 days of employment.
(C) Training to be completed annually.
(2) Topics to be covered in the training shall include, but are not limited to, the following:
(A) Child and adolescent development, including sexual orientation, gender identity, and gender expression.
(B) The effects of trauma, including grief and loss, and child abuse and neglect on child development and behavior and methods to behaviorally support children impacted by that trauma or child abuse and neglect.
(C) The rights of a child in foster care, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(D) Positive discipline and the importance of self-esteem.
(E) Core practice model.
(F) An overview of the child welfare and probation systems.
(G) Reasonable and prudent parent standard.
(H) Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(I) Awareness and identification of commercial sexual exploitation and best practices for providing care and supervision to commercially sexually exploited children.
(J) The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(K) Permanence, well-being, and educational needs of children.
(L) Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment pursuant to Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(M) Best practices for providing care and supervision to nonminor dependents.
(N) Health issues in foster care.
(O) Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma-informed crisis management planning.
(P) Three initial mandatory hours and two hours biennially for a facility manager, and two initial mandatory hours and one hour biennially for direct care staff of federal, state, and local jurisdiction employment laws, including, but not limited to, minimum wage, overtime, hours worked, deduction of sleep time and other off-duty periods, off-duty and on-duty meal and rest periods, crediting of meals and lodging against the minimum wage, sick leave, employee classifications, pay stub requirements, recordkeeping and retention, where to file claims, whistleblower protections, workers’ compensation insurance requirements, and workplace safety. The training based on state law shall be specific to Industrial Welfare Commission Wage Order No. 5, as applicable to residential care setting facilities. The content pertaining to state employment laws shall be consistent with information in the Division of Labor Standards Enforcement Policies and Interpretations Manual governing residential facilities and may utilize any materials created by the Division of Labor Standards Enforcement applicable to residential care setting facilities.
(i) (1) Each person employed as a facility manager or staff member of a short-term residential therapeutic program, who provides direct care and supervision to children and youth residing in the short-term residential therapeutic program shall be at least 21 years of age.
(2) This subdivision shall not apply to a facility manager or staff member employed, before October 1, 2014, at a short-term residential therapeutic program that was operating under a group home license prior to January 1, 2017.
(j) Notwithstanding any other section of this chapter, the department may establish requirements for licensed group homes that are transitioning to short-term residential therapeutic programs, which may include, but not be limited to, requirements related to application and plan of operation.
(k) A short-term residential therapeutic program shall have a qualified and certified administrator, as set forth in Section 1522.41.
(l) The department shall have the authority to inspect a short-term residential therapeutic program pursuant to the system of governmental monitoring and oversight developed by the department pursuant to subdivision (c) of Section 11462 of the Welfare and Institutions Code.

SEC. 5.

 Section 1562.3 of the Health and Safety Code is amended to read:

1562.3.
 (a) The Director of Social Services, in consultation with the Director of Health Care Services and the Director of Developmental Services, shall establish a training program to ensure that licensees, operators, and staffs of adult residential care facilities, as defined in paragraph (1) of subdivision (a) of Section 1502, have appropriate training to provide the care and services for which a license or certificate is issued. The training program shall be developed in consultation with provider organizations.
(b) (1) An administrator of an adult residential care facility, as defined in paragraph (1) of subdivision (a) of Section 1502, shall successfully complete a department-approved certification program pursuant to subdivision (c) prior to employment.
(2) In those cases where the individual is both the licensee and the administrator of a facility, the individual shall comply with both the licensee and administrator requirements of this section.
(3) Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4) The licensee shall notify the department within 30 days of any change in administrators.
(c) (1) The administrator certification program shall require a minimum of 35 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 the type of facility for which the applicant will be an administrator.
(B) Business operations.
(C) Management and supervision of staff.
(D) Psychosocial needs of the facility residents.
(E) Community and support services.
(F) Physical needs for facility residents.
(G) Use, misuse, and interaction of medication commonly used by facility residents.
(H) Resident admission, retention, and assessment procedures.
(I) Nonviolent crisis intervention for administrators.
(J) Cultural competency and sensitivity in issues relating to the underserved aging lesbian, gay, bisexual, and transgender community.
(K) Three initial mandatory hours of federal, state, and local jurisdiction employment laws, including, but not limited to, minimum wage, overtime, hours worked, deduction of sleep time and other off-duty periods, off-duty and on-duty meal and rest periods, crediting of meals and lodging against the minimum wage, sick leave, employee classifications, pay stub requirements, recordkeeping and retention, where to file claims, whistleblower protections, workers’ compensation insurance requirements, and workplace safety. The training based on state law shall be specific to Industrial Welfare Commission Wage Order No. 5, as applicable to residential care setting facilities. The hours of employment law training may be counted towards the following areas: (i) laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be working; (ii) business operations; or (iii) management and supervision of staff. The content pertaining to state employment laws shall be consistent with information in the Division of Labor Standards Enforcement Policies and Interpretations Manual governing residential facilities and may utilize any materials created by the Division of Labor Standards Enforcement applicable to residential care setting facilities.
(2) The requirement for 35 hours of classroom instruction pursuant to this subdivision shall not apply to persons who were employed as administrators prior to July 1, 1996. A person holding the position of administrator of an adult residential facility on June 30, 1996, shall file a completed application for certification with the department on or before April 1, 1998. In order to be exempt from the 35-hour training program and the test component, the application shall include documentation showing proof of continuous employment as the administrator of an adult residential facility between, at a minimum, June 30, 1994, and June 30, 1996. An administrator of an adult residential facility who became certified as a result of passing the department-administered challenge test, that was offered between October 1, 1996, and December 23, 1996, shall be deemed to have fulfilled the requirements of this paragraph.
(3) Unless an extension is granted to the applicant by the department, an applicant for an administrator’s certificate shall, within 60 days of the applicant’s completion of classroom instruction, pass the written test provided in this section.
(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 from the applicant that he or she the applicant has passed the written test.
(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 clearance on file.
(e) It shall be unlawful for any person not certified under this section to hold himself or herself themselves out as a certified administrator of an adult residential facility. A 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 subdivision (c). At least two hours of the continuing education requirement shall include training on employment laws as specified pursuant to subparagraph (K) of 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, an individual who is an adult residential facility administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, shall be permitted to have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. Community college course hours approved by the regional centers shall be accepted by the department for certification.
(2) Every licensee and administrator of an adult residential facility is required to complete the continuing education requirements of this subdivision.
(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 their initial certification on or after January 1, 1999, shall make an irrevocable election to have his or her their 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 submit proof of compliance with paragraphs (1) and (2) and 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. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for one year to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(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 training 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 their employment status within 30 days of any change.
(g) The certificate shall be considered forfeited under the following conditions:
(1) The administrator has had a license revoked, suspended, or denied as authorized under Section 1550.
(2) The administrator has been denied employment, residence, or presence in a facility based on action resulting from an administrative hearing pursuant to Section 1522 or 1558.
(h) (1) The department, in consultation with the State Department of Health Care Services and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. These regulations shall be developed in consultation with provider 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 in any of the following circumstances:
(A) The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department pursuant to subdivision (i).
(B) The applicant person or agency has a conflict of interest in that the person or agency places its clients in adult residential facilities.
(C) The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in adult residential facilities and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2) The department may authorize vendors to conduct the administrator’s 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.
(3) The department shall prepare and maintain an updated list of approved training vendors.
(4) The department may inspect certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply 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.
(5) The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6) 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 35-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.
(7) (A) A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i) An interactive portion in which 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 clause that he or she the person knows to be false is guilty of a misdemeanor.
(B) This subdivision shall not 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.
(i) The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.

SEC. 6.

 Section 1569.23 of the Health and Safety Code is amended to read:

1569.23.
 (a) As a requirement for licensure, the applicant shall demonstrate that he or she the applicant has successfully completed a certification program approved by the department.
(b) The certification program shall consist of both of the following:
(1) Eighty hours of coursework, at least 60 hours of which shall be attended in person.
(2) A state-administered examination consisting of no less than 100 questions. The examination shall reflect the uniform core of knowledge required pursuant to subdivision (c).
(c) The certification program shall include a uniform core of knowledge which shall include all of the following:
(1) Law, including regulations, policies, and procedural standards that impact the operations of residential care facilities for the elderly.
(2) Business operations.
(3) Management and supervision of staff.
(4) Psychosocial need of the elderly residents.
(5) Physical needs for elderly residents.
(6) Community and support services.
(7) Medication management, including use, misuse, and interaction of drugs commonly used by the elderly, including antipsychotics, and the adverse effects of psychotropic drugs for use in controlling the behavior of persons with dementia.
(8) Resident admission, retention, and assessment procedures.
(9) Managing Alzheimer’s disease and related dementias, including nonpharmacologic, person-centered approaches to dementia care.
(10) Managing the physical environment, including maintenance and housekeeping.
(11) Residents’ rights, and the importance of initial and ongoing training for all staff to ensure residents’ rights are fully respected and implemented.
(12) Cultural competency and sensitivity in issues relating to the underserved, aging, lesbian, gay, bisexual, and transgender community.
(13) Postural supports, restricted health conditions, and hospice care.
(14) Three initial mandatory hours of federal, state, and local jurisdiction employment laws, including, but not limited to, minimum wage, overtime, hours worked, deduction of sleep time and other off-duty periods, off-duty and on-duty meal and rest periods, crediting of meals and lodging against the minimum wage, sick leave, employee classifications, pay stub requirements, recordkeeping and retention, where to file claims, whistleblower protections, workers’ compensation insurance requirements, and workplace safety. The training based on state law shall be specific to Industrial Welfare Commission Wage Order No. 5, as applicable to residential care setting facilities. The hours of employment law training may be counted towards the following areas: (i) laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be working; (ii) business operations; or (iii) management and supervision of staff. The content pertaining to state employment laws shall be consistent with information in the Division of Labor Standards Enforcement Policies and Interpretations Manual governing residential facilities and may utilize any materials created by the Division of Labor Standards Enforcement applicable to residential care setting facilities.
(d) Successful completion of the certification program shall be demonstrated by passing the state-administered examination and submitting a fee of one hundred dollars ($100) to the department for the issuance of a certificate of completion.
(e) (1) The department shall establish by regulation the program content, the testing instrument, process for approving certification programs, and criteria to be used for authorizing individuals or organizations to conduct certification programs. These regulations shall be developed with the participation of provider organizations.
(2) The department shall ensure that the examination consists of at least 100 questions questions, of which a minimum of 8 questions shall be on employment law, and allows an applicant to have access to the California Residential Care Facility for the Elderly Act and related regulations during the examination. The department, no later than July 1 of every other year, shall review and revise the examination in order to ensure the rigor and quality of the examination. Each year, the department shall ensure by January 1 that the exam is not in conflict with current law. The department may convene a stakeholder group to assist in developing and reviewing test questions.
(f) This section shall apply to all applications for licensure unless the applicant provides evidence that he or she the applicant has a current license for another residential care facility for the elderly which was initially licensed prior to July 1, 1989, or has successfully completed an approved certification program within the prior five years.
(g) If the applicant is a firm, partnership, association, or corporation, the chief executive officer, or other person serving in a like capacity, or the designated administrator of the facility, shall provide evidence of successfully completing an approved certification program.

(h)This section shall become operative on January 1, 2016.

SEC. 7.

 Section 1569.616 of the Health and Safety Code is amended to read:

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 the individual 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 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 80 hours of coursework, which shall include at least 60 hours of in-person 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) Medication management, including the use, misuse, and interaction of medication commonly used by the elderly, including antipsychotics and the adverse effects of psychotropic drugs for use in controlling the behavior of persons with dementia.
(H) Resident admission, retention, and assessment procedures.
(I) Managing Alzheimer’s disease and related dementias, including nonpharmacologic, person-centered approaches to dementia care.
(J) Cultural competency and sensitivity in issues relating to the underserved aging lesbian, gay, bisexual, and transgender community.
(K) Residents’ rights and the importance of initial and ongoing training for all staff to ensure that residents’ rights are fully respected and implemented.
(L) Managing the physical environment, including, but not limited to, maintenance and housekeeping.
(M) Postural supports, restricted health conditions, and hospice care.
(N) Three initial mandatory hours of federal, state, and local jurisdiction employment laws, including, but not limited to, minimum wage, overtime, hours worked, deduction of sleep time and other off-duty periods, off-duty and on-duty meal and rest periods, crediting of meals and lodging against the minimum wage, sick leave, employee classifications, pay stub requirements, recordkeeping and retention, where to file claims, whistleblower protections, workers’ compensation insurance requirements, and workplace safety. The training based on state law shall be specific to Industrial Welfare Commission Wage Order No. 5, as applicable to residential care setting facilities. The hours of employment law training may be counted towards the following areas: (i) laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be working; (ii) business operations; or (iii) management and supervision of staff. The content pertaining to state employment laws shall be consistent with information in the Division of Labor Standards Enforcement Policies and Interpretations Manual governing residential facilities and may utilize any materials created by the Division of Labor Standards Enforcement applicable to residential care setting facilities.
(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 their test results within 30 days of administering the test.
(3) The department shall ensure the test consists of at least 100 questions questions, of which a minimum of 8 questions shall be on employment law, and allows an applicant to have access to the California Residential Care Facilities for the Elderly Act and related regulations during the test. The department, no later than July 1 of every other year, shall review and revise the test in order to ensure the rigor and quality of the test. Each year, the department shall ensure, by January 1, that the test is not in conflict with prevailing law. The department may convene a stakeholder group to assist in developing and reviewing test questions.
(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 a person not certified under this section to hold himself or herself themselves out as a certified administrator of a residential care facility for the elderly. Any person willfully making a 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 uniform 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 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 their certificate and shall complete the continuing education requirements of this subdivision whether he or she the administrator 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. At least two hours of the 40-hour continuing education requirement for a certified administrator of a residential care facility for the elderly shall include training on employment laws pursuant to subparagraph (N) of paragraph (1) of subdivision (c).
(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 their initial certification on or after January 1, 1999, shall make an irrevocable election to have his or her their 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 their 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 the person 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 a 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 80-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 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.

(m)This section shall become operative on January 1, 2016.

SEC. 8.

 Section 1569.62 of the Health and Safety Code is amended to read:

1569.62.
 (a) The director shall ensure that licensees, administrators, and staff 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 California Department of Aging requirements for a uniform core of knowledge for the required initial certification and 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, applicable laws and regulations, including federal, state, and local jurisdiction employment laws as described in subparagraph (N) of paragraph (1) of subdivision (c) of Section 1569.616, residents’ rights, and administration. This training shall be developed in consultation with individuals or organizations with specific expertise in residential care facilities for the elderly or assisted living services, or by an outside source with expertise in residential care facilities for the elderly or assisted living services.
(1) The initial certification training for administrators shall consist of at least 80 hours.
(2) The continuing education requirement for administrators is at least 40 hours of training during each two-year certification period, as specified in paragraph (1) of subdivision (f) of Section 1569.616.
(c) (1) The department shall develop 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.
(2) The departments shall develop a mandatory training program on the utilization of the assessment tool to be given to administrators and their designated substitutes.

(d)This section shall become operative on January 1, 2016.

SEC. 9.

 Section 1569.625 of the Health and Safety Code is amended to read:

1569.625.
 (a) The Legislature finds that the quality of services provided to residents of residential care facilities for the elderly is dependent upon the training and skills of staff. It is the intent of the Legislature in enacting this section to ensure that direct-care staff have the knowledge and proficiency to carry out the tasks of their jobs. jobs and understand their rights as employees.
(b) (1) The department shall adopt regulations to require staff members of residential care facilities for the elderly who assist residents with personal activities of daily living to receive appropriate training. training on care needs and employee rights. This training shall consist of 40 hours of training. A staff member shall complete 20 hours, including six hours specific to dementia care, as required by subdivision (a) of Section 1569.626 and 1569.626, four hours specific to postural supports, restricted health conditions, and hospice care, as required by subdivision (a) of Section 1569.696, before working independently with residents. residents, and two mandatory hours of federal, state, and local jurisdiction employment laws, including, but not limited to, minimum wage, overtime, hours worked, deduction of sleep time and other off-duty periods if the facility uses live-in or 24-hour caregivers, off-duty and on-duty meal and rest periods, crediting of meals and lodging against the minimum wage, sick leave, employee classifications, pay stub requirements, recordkeeping and retention, where to file claims, whistleblower protections, workers’ compensation insurance requirements, and workplace safety. The training based on state law shall be specific to Industrial Welfare Commission Wage Order No. 5, as applicable to residential care setting facilities. The content pertaining to state employment laws shall be consistent with information in the Division of Labor Standards Enforcement Policies and Interpretations Manual governing residential facilities and may utilize any materials created by the Division of Labor Standards Enforcement applicable to residential care setting facilities. The remaining 20 18 hours shall include six hours specific to dementia care and shall be completed within the first four weeks of employment. The training coursework may utilize various methods of instruction, including, but not limited to, lectures, instructional videos, and interactive online courses. The additional 16 hours shall be hands-on training.
(2) In addition to paragraph (1), training requirements shall also include an additional 20 hours annually, eight hours of which shall be dementia care training, as required by subdivision (a) of Section 1569.626, and 1569.626, four hours of which shall be specific to postural supports, restricted health conditions, and hospice care, as required by subdivision (a) of Section 1569.696. 1569.626, and one mandatory hour of federal, state, and local jurisdiction employment laws, including, but not limited to, minimum wage, overtime, hours worked, deduction of sleep time and other off-duty periods, off-duty and on-duty meal and rest periods, crediting of meals and lodging against the minimum wage, sick leave, employee classifications, pay stub requirements, recordkeeping and retention, where to file claims, whistleblower protections, workers’ compensation insurance requirements, and workplace safety. The training based on state law shall be specific to Industrial Welfare Commission Wage Order No. 5, as applicable to residential care setting facilities. The content pertaining to state employment laws shall be consistent with information in the Division of Labor Standards Enforcement Policies and Interpretations Manual governing residential facilities and may utilize any materials created by the Division of Labor Standards Enforcement applicable to residential care setting facilities. This training shall be administered on the job, or in a classroom setting, or both, and may include online training.
(3) The department shall establish, in consultation with provider organizations, the subject matter required for the training required by this section.
(c) The training shall include, but not be limited to, all of the following:
(1) Physical limitations and needs of the elderly.
(2) Importance and techniques for personal care services.
(3) Residents’ rights.
(4) Policies and procedures regarding medications.
(5) Psychosocial needs of the elderly.
(6) Building and fire safety and the appropriate response to emergencies.
(7) Dementia care, including the use and misuse of antipsychotics, the interaction of drugs commonly used by the elderly, and the adverse effects of psychotropic drugs for use in controlling the behavior of persons with dementia.
(8) The special needs of persons with Alzheimer’s disease and dementia, including nonpharmacologic, person-centered approaches to dementia care.
(9) Cultural competency and sensitivity in issues relating to the underserved, aging, lesbian, gay, bisexual, and transgender community.
(d) This section shall not apply to certified nurse assistants, certified pursuant to Article 9 (commencing with Section 1337) of Chapter 2, licensed vocational nurses, licensed pursuant to Chapter 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code, and registered nurses, licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, except both of the following shall apply:
(1) A licensed or certified health professional with valid certification shall receive eight hours of training on resident characteristics, resident records, and facility practices and procedures prior to providing direct care to residents.
(2) In addition to paragraph (1), a certified nurse assistant shall also receive the 12 hours of dementia care training specified in Section 1569.626 and the annual training specified in paragraph (2) of subdivision (b).

(e)This section shall become operative on January 1, 2016.

SEC. 10.

 Section 1596.8651 is added to the Health and Safety Code, to read:

1596.8651.
 A facility director and a person who is direct care staff shall receive, in addition to any other licensure or training requirements pursuant to this act, all the following training:
(a) A facility director shall have three initial hours of federal, state, and local jurisdiction employment laws, including, but not limited to, minimum wage, overtime, hours worked, deduction of sleep time and other off-duty periods, off-duty and on-duty meal and rest periods, crediting of meals and lodging against the minimum wage, sick leave, employee classifications, pay stub requirements, recordkeeping and retention, where to file claims, whistleblower protections, workers’ compensation insurance requirements, and workplace safety. The training based on state law shall be specific to Industrial Welfare Commission Wage Order No. 5, as applicable to residential care setting facilities. The hours of employment law training may be counted towards the following areas: (i) laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be working; (ii) business operations; or (iii) management and supervision of staff. The content pertaining to state employment laws shall be consistent with information in the Division of Labor Standards Enforcement Policies and Interpretations Manual governing residential facilities and may utilize any materials created by the Division of Labor Standards Enforcement applicable to residential care setting facilities.
(b) A facility director shall have two hours of biennial continuing education training on employment laws as specified in subdivision (a).
(c) A person who is direct care staff shall have two initial hours of federal, state, and local jurisdiction employment laws, including, but not limited to, minimum wage, overtime, hours worked, deduction of sleep time and other off-duty periods, off-duty and on-duty meal and rest periods, crediting of meals and lodging against the minimum wage, sick leave, employee classifications, pay stub requirements, recordkeeping and retention, where to file claims, whistleblower protections, workers’ compensation insurance requirements, and workplace safety. The training based on state law shall be specific to Industrial Welfare Commission Wage Order No. 5, as applicable to residential care setting facilities. The hours of employment law training may be counted towards the following areas: (i) laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be working; (ii) business operations; or (iii) management and supervision of staff. The content pertaining to state employment laws shall be consistent with information in the Division of Labor Standards Enforcement Policies and Interpretations Manual governing residential facilities and may utilize any materials created by the Division of Labor Standards Enforcement applicable to residential care setting facilities.
(d) A person who is direct care staff shall have one hour of biennial continuing education training on employment laws as specified in subdivision (c).

SEC. 11.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.