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AB-1034 Health and care facilities: emergency and disaster plan.(2019-2020)



Current Version: 04/02/19 - Amended Assembly

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AB1034:v98#DOCUMENT

Amended  IN  Assembly  April 02, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1034

Introduced by Assembly Member Friedman

February 21, 2019

An act to add Sections 1531.05, 1531.06, 1568.045, and 1596.811 to the Health and Safety Code, relating to health care facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 1034, as amended, Friedman. Health and care facilities: emergency and disaster plan.
Existing law provides for the licensure and regulation of community care facilities, including residential facilities, adult day programs, foster family homes, community treatment facilities, and others, by the State Department of Social Services. Existing law also provides for the licensure and regulation of residential care facilities for persons with life-threatening illness and child daycare facilities by the department. Existing law makes violation of these provisions a misdemeanor.
This bill would require community care facilities, including a resource family, certified or licensed foster family home, or a small family home, residential care facilities for persons with a life-threatening illness, and child daycare facilities, to have an emergency and disaster plan that includes specified requirements, including plans for transportation needs and evacuation procedures. The bill would require that community care facilities that serve adults and residential care facilities for persons with life-threatening illness to provide specified training to staff, to conduct quarterly drills, and to review the plan annually and make updates as necessary. The bill would require applicants for new community care facilities licenses, for facilities that will serve adults, and licenses for residential care facilities for persons with life-threatening illness to provide the emergency and disaster plan with the original application and would require a review of the plans by the department upon inspection. By creating new crimes, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 1531.05 is added to the Health and Safety Code, to read:

1531.05.
 (a) In addition to any other requirement of this chapter and except as provided in subdivision (b), a community care facility that serves children or nonminor dependents shall have an emergency and disaster plan that shall include, but not be limited to, all of the following:
(1) Evacuation procedures.
(2) Transportation needs.
(3) A contact information list of all of the following:
(A) Emergency response personnel.
(B) Each child’s authorized representative.
(C) The local children’s residential program office and each child’s placement agency, as applicable.
(4) The location of all utility shut-off valves and instructions for use.
(b) In addition to any other requirements of this chapter, a resource family, certified or licensed foster family home, or a small family home shall have an emergency and disaster plan that includes, but is not limited to, all of the following:
(1) Evacuation procedures.
(2) Identification of communication methods to be utilized in an emergency.
(3) A contact information list of all of the following:
(A) Emergency response personnel.
(B) Each child’s authorized representative.
(C) The local children’s residential program office and each child’s placement agency, as applicable.
(4) The location of all utility shut-off valves and instructions for use.

SEC. 2.

 Section 1531.06 is added to the Health and Safety Code, to read:

1531.06.
 (a) In addition to any other requirements of this chapter, a community care facility that serves adults shall have an emergency and disaster plan that includes, but is not limited to, all of the following:
(1) Evacuation procedures.
(2) Transportation needs. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.
(3) A contact information list of all of the following:
(A) Emergency response personnel.
(B) Each resident’s authorized representative.
(C) The community care licensing division within the department.
(D) Transportation providers.
(4) The location of all utility shut-off valves and instructions for use.
(5) Process for communicating with residents, families, providers, and others, as appropriate.
(6) Assistance with, and administration of, medications.
(7) Storage and preservation of medications, including the storage of medications that require refrigeration.
(8) The operation of assistive medical devices that need electric power for their operation.
(9) A process for identifying residents with special needs.
(10) Procedures for confirming the location of each resident during an emergency response.
(b) A facility shall have all of the following information readily available to facility staff during an emergency:
(1) A resident roster with the date of birth for each resident.
(2) An appraisal of resident needs and services plan for each resident.
(3) A medication list for residents with centrally stored medications.
(4) Contact information for the responsible party and physician for each resident.
(c) A facility shall have both of the following in place:
(1) An evacuation chair at each stairwell, on or before July 1, 2020.
(2) A set of keys available to facility staff on each shift, for use during an evacuation, that provides access to all of the following:
(A) All occupied resident units.
(B) All facility vehicles.
(C) All facility exit doors.
(D) All facility cabinets, cupboards, and files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies.
(d) A facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster.
(e) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. An actual evacuation of residents is not required during a drill. While a facility may provide an opportunity for residents to participate in a drill, it shall not require resident participation. The facility shall conduct an evacuation drill that includes residents at least one time per year. Documentation of the drills shall include the date, the type of emergency covered by the drill, and the names of staff participating in the drill.
(f) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee or administrator shall sign and date documentation to indicate that the plan has been reviewed and updated as necessary.
(g) A facility shall make the plan available upon request to residents onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Resident and employee information shall be kept confidential.
(h) An applicant seeking a license for a new facility shall submit the emergency and disaster plan with the initial license application.
(i) The department’s community care licensing division shall confirm, during annual licensing visits, that the emergency and disaster plan is on file at the facility and includes the required content.

SEC. 3.

 Section 1568.045 is added to the Health and Safety Code, to read:

1568.045.
 (a) In addition to any other requirements of this chapter, a residential community care facility for persons with chronic life-threatening illness shall have an emergency and disaster plan that includes, but is not limited to, all of the following:
(1) Evacuation procedures.
(2) Transportation needs. If the transportation plan includes the use of a vehicle owned or operated by the facility, the keys to the vehicle shall be available to staff on all shifts.
(3) A contact information list of all of the following:
(A) Emergency response personnel.
(B) Each resident’s authorized representative.
(C) The licensing division within the department.
(D) Transportation providers.
(4) The location of all utility shut-off valves and instructions for use.
(5) Process for communicating with residents, families, providers, and others, as appropriate.
(6) Assistance with, and administration of, medications.
(7) Storage and preservation of medications, including the storage of medications that require refrigeration.
(8) The operation of assistive medical devices that need electric power for their operation.
(9) A process for identifying residents with special needs.
(10) Procedures for confirming the location of each resident during an emergency response.
(b) A facility shall have all of the following information readily available to facility staff during an emergency:
(1) A resident roster with the date of birth for each resident.
(2) An appraisal of resident needs and a services plan for each resident.
(3) A medication list for residents with centrally stored medications.
(4) Contact information for the responsible party and physician for each resident.
(c) A facility shall have both of the following in place:
(1) An evacuation chair at each stairwell, on or before July 1, 2020.
(2) A set of keys available to facility staff on each shift for use during an evacuation that provides access to all of the following:
(A) All occupied resident units.
(B) All facility vehicles.
(C) All facility exit doors.
(D) All facility cabinets, cupboards, and files that contain elements of the emergency and disaster plan, including, but not limited to, food supplies and protective shelter supplies.
(d) A facility shall provide training on the plan to each staff member upon hire and annually thereafter. The training shall include staff responsibilities during an emergency or disaster.
(e) A facility shall conduct a drill at least quarterly for each shift. The type of emergency covered in a drill shall vary from quarter to quarter, taking into account different emergency scenarios. Actual evacuation of residents is not required during a drill. While a facility may provide an opportunity for residents to participate in a drill, it shall not require resident participation. Documentation of the drills shall include the date, the type of emergency covered by the drill, and the names of staff participating in the drill.
(f) A facility shall review the plan annually and make updates as necessary, including changes in floor plans and the population served. The licensee or administrator shall sign and date documentation to indicate that the plan has been reviewed and updated.
(g) A facility shall make the plan available upon request to residents onsite, any responsible party for a resident, the local long-term care ombudsman, and local emergency responders. Resident and employee information shall be kept confidential.
(h) An applicant seeking a license for a new facility shall submit the emergency and disaster plan with the initial license application.
(i) The department’s licensing division shall confirm, during annual licensing visits, that the emergency and disaster plan is on file at the facility and includes the required content.

SEC. 4.

 Section 1596.811 is added to the Health and Safety Code, to read:

1596.811.
 (a) In addition to any other requirement of this chapter, a child care childcare licensee shall have an emergency and disaster plan that includes, but is not limited to, all of the following:
(1) Evacuation procedures.
(2) Transportation needs.
(3) A contact information list of all of the following:
(A) Emergency response personnel.
(B) Each child’s parent or authorized representative.
(C) The licensing division within the department.
(4) The location of all utility shut-off valves and instructions for use.

SEC. 5.

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