1569.616
. (a) (1) An administrator of a residential care facility
for the elderly shall be required to successfully complete a
department-approved certification program prior to employment.
(2) In those cases where the individual is both the licensee and
the administrator of a facility, or a licensed nursing home
administrator, the individual shall comply with the requirements of
this section unless he or she qualifies for one of the exemptions
provided for in subdivision (b).
(3) Failure to comply with this section shall constitute cause for
revocation of the license of the facility where an individual is
functioning as the administrator.
(4) The licensee shall notify the department within 30 days of any
change in administrators.
(b) Individuals seeking exemptions under paragraph (2) of
subdivision (a) shall meet the following criteria and fulfill the
required portions of the certification program, as the case may be:
(1) An individual designated as the administrator of a residential
care facility for the elderly who holds a valid license as a nursing
home administrator issued in accordance with Chapter 2.35
(commencing with Section 1416) of Division 2 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.
(2) Individuals applying for certification under this section
shall successfully complete an approved certification program, pass a
written test administered by the department within 60 days of
completing the program, and submit the documentation required by
subdivision (d) to the department within 30 days of being notified of
having passed the test. The department may extend these time
deadlines for good cause. The department shall notify the applicant
of his or her test results within 30 days of administering the test.
(3) The department shall ensure the test consists of at least 100
questions 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 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 certificate and shall
complete the continuing education requirements of this subdivision
whether he or she is certified according to subdivision (a) or (b).
At least eight hours of the 40-hour continuing education requirement
for a certified administrator of a residential care facility for the
elderly shall include instruction on serving clients with dementia,
including, but not limited to, instruction related to direct care,
physical environment, and admissions procedures and assessment.
(3) Certificates issued under this section shall expire every two
years, on the anniversary date of the initial issuance of the
certificate, except that any administrator receiving his or her
initial certification on or after January 1, 1999, shall make an
irrevocable election to have his or her recertification date for any
subsequent recertification either on the date two years from the date
of issuance of the certificate or on the individual's birthday
during the second calendar year following certification. The
department shall send a renewal notice to the certificate holder 90
days prior to the expiration date of the certificate. If the
certificate is not renewed prior to its expiration date,
reinstatement shall only be permitted after the certificate holder
has paid a delinquency fee equal to three times the renewal fee and
has provided evidence of completion of the continuing education
required.
(4) To renew a certificate, the certificate holder shall, on or
before the certificate expiration date, request renewal by submitting
to the department documentation of completion of the required
continuing education courses and pay the renewal fee of one hundred
dollars ($100), irrespective of receipt of the department's
notification of the renewal. A renewal request postmarked on or
before the expiration of the certificate is proof of compliance with
this paragraph.
(5) A suspended or revoked certificate is subject to expiration as
provided for in this section. If reinstatement of the certificate is
approved by the department, the certificate holder, as a condition
precedent to reinstatement, shall pay a fee in an amount equal to the
renewal fee, plus the delinquency fee, if any, accrued at the time
of its revocation or suspension.
(6) A certificate that is not renewed within four years after its
expiration shall not be renewed, restored, reissued, or reinstated
except upon completion of a certification program, passing any test
that may be required of an applicant for a new certificate at that
time, and paying the appropriate fees provided for in this section.
(7) A fee of twenty-five dollars ($25) shall be charged for the
reissuance of a lost certificate.
(8) A certificate holder shall inform the department of his or her
employment status within 30 days of any change.
(g) The department may revoke a certificate issued under this
section for any of the following:
(1) Procuring a certificate by fraud or misrepresentation.
(2) Knowingly making or giving any false statement or information
in conjunction with the application for issuance of a certificate.
(3) Criminal conviction, unless an exemption is granted pursuant
to Section 1569.17.
(h) The certificate shall be considered forfeited under either of
the following conditions:
(1) The administrator has had a license revoked, suspended, or
denied as authorized under Section 1569.50.
(2) The administrator has been denied employment, residence, or
presence in a facility based on action resulting from an
administrative hearing pursuant to Section 1569.58.
(i) (1) The department shall establish, by regulation, the program
content, the testing instrument, the process for approving
certification programs, and criteria to be used in authorizing
individuals, organizations, or educational institutions to conduct
certification programs and continuing education courses. These
regulations shall be developed in consultation with provider and
consumer organizations, and shall be made available at least six
months prior to the deadline required for certification. The
department may deny vendor approval to any agency or person that has
not provided satisfactory evidence of their ability to meet the
requirements of vendorization set out in the regulations adopted
pursuant to subdivision (j).
(2) (A) A vendor of online programs for continuing education shall
ensure that each online course contains all of the following:
(i) An interactive portion where the participant receives
feedback, through online communication, based on input from the
participant.
(ii) Required use of a personal identification number or personal
identification information to confirm the identity of the
participant.
(iii) A final screen displaying a printable statement, to be
signed by the participant, certifying that the identified participant
completed the course. The vendor shall obtain a copy of the final
screen statement with the original signature of the participant prior
to the issuance of a certificate of completion. The signed statement
of completion shall be maintained by the vendor for a period of
three years and be available to the department upon demand. Any
person who certifies as true any material matter pursuant to this
section that he or she knows to be false is guilty of a misdemeanor.
(B) Nothing in this subdivision shall prohibit the department from
approving online programs for continuing education that do not meet
the requirements of subparagraph (A) if the vendor demonstrates to
the department's satisfaction that, through advanced technology, the
course and the course delivery meet the requirements of this section.
(3) The department may authorize vendors to conduct the
administrator certification training program pursuant to provisions
set forth in this section. The department shall conduct the written
test pursuant to regulations adopted by the department.
(4) The department shall prepare and maintain an updated list of
approved training vendors.
(5) The department may inspect training programs, continuing
education courses, and online courses, at no charge to the
department, in order to determine if content and teaching methods
comply with paragraphs (1) and (2), if applicable, and with
regulations. If the department determines that 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.