Section 1337 Of Article 9. Training Programs In Skilled Nursing And Intermediate Care Facilities From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 9.
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. (a) The Legislature finds that the quality of patient care in
skilled nursing and intermediate care facilities is dependent upon
the competence of the personnel who staff its facilities. The
Legislature further finds that direct patient care in skilled nursing
and intermediate care facilities is currently rendered largely by
certified nurse assistants. To assure the availability of trained
personnel in skilled nursing and intermediate care facilities, the
Legislature intends that all such facilities in this state
participate in approved training programs established under this
article. This article shall not apply to intermediate care
facilities/developmentally disabled habilitative, intermediate care
facility/developmentally disabled-nursing, and intermediate care
facility/developmentally disabled-continuous nursing which have staff
training programs approved by the State Department of Developmental
Services, general acute care hospitals, acute psychiatric hospitals,
or special hospitals.
(b) The requirement that certified nurse assistants obtain a
criminal record clearance upon certification and biannually
thereafter shall apply regardless of the setting in which the
certified nurse assistant is employed.
(c) The department shall develop procedures to ensure that
certified nurse assistants employed by intermediate care facilities
for the developmentally disabled/habilitative and intermediate care
facilities for the developmentally disabled/nursing shall not be
required to obtain multiple criminal record clearances.
(d) For the purpose of this article:
(1) "Nurse assistant" means any unlicensed aide, assistant, or
orderly, who performs nursing services directed at the safety,
comfort, personal hygiene, or protection of patients in a skilled
nursing or intermediate care facility.
(2) "Approved training program" means a program for the training
of nurse assistants that meets the criteria established and approved
under this chapter.
(3) "Certified nurse assistant" means any person who holds himself
or herself out as a certified nurse assistant and who, for
compensation, performs basic patient care services directed at the
safety, comfort, personal hygiene, and protection of patients, and is
certified as having completed the requirements of this article.
These services shall not include any services which may only be
performed by a licensed person and otherwise shall be performed under
the supervision of a registered nurse, as defined in Section 2725 of
the Business and Professions Code, or a licensed vocational nurse,
as defined in Section 2859 of the Business and Professions Code.
(4) "State department" means the State Department of Public
Health.