Cal. Code Regs. tit. 22 § 89965

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 89965 - Personnel Requirements

In addition to Sections 80065, 84065 and 85065, the following shall apply:

(a) The licensee shall ensure that each direct care lead staff person meets the following qualifications:

(1) Have one year prior experience providing direct care to individuals with developmental disabilities; and be one of the following:

(A) Become a Registered Behavior Technician within six months of initial employment, or

(B) Be a licensed psychiatric technician, or

(C) Be a Qualified Behavior Modification Professional.

(b) The licensee shall ensure that each direct care staff person meets the following qualifications:

(1) Have six months prior experience providing direct care to individuals with developmental disabilities; and

(2) Become a Registered Behavior Technician within twelve (12) months of initial employment.

(c) There shall be one direct care lead staff person and one direct care staff person on duty at all times when a client is under the supervision of the facility staff.

(d) Direct care staff who have not completed the on-site training as required by California Code of Regulations, Title 17, Section 59063 shall be under the direct supervision and observation of a fully trained direct care lead staff person while caring for clients, and shall not be permitted to be alone with clients.

(e) The facility administrator shall assign a qualified behavior modification professional to each client. Each client shall receive a minimum of 6 hours per month of direct time for behavior assessments and intervention methods by a qualified behavior modification professional. Time utilized will be documented in the client file.

(f) Each Enhanced Behavioral Supports Home shall have an administrator on duty a minimum of 20 hours per week per facility to ensure the effective operation of the facility.

(g) In addition to the hours required in subsection (e), the facility administrator shall ensure a provision of a minimum of 6 consultant hours per month per client, which shall be appropriate to meet individual client service needs.

(h) In addition to any other required training, within the first 40 hours of employment, all direct care staff shall complete minimum of 32 hours of on-site orientation. The on-site orientation includes the training required pursuant to Sections 80065(f) and 84065(i) as applicable to the facility's licensure type, and shall also address the following:

(1) The specialized needs of each of the clients;

(2) Clients' rights and protections pursuant to California Code of Regulations, Title 17, Sections 50500-50550 and Title 22 Sections as follows:

(A) Section 84072 for Enhanced Behavioral Supports Homes licensed as a Group Home.

(B) Sections 85072 and 80072 for Enhanced Behavioral Supports Homes licensed as an Adult Residential Facility.

(3) The facility's program plan;

(4) Implementation of the client's Individual Program Plan;

(5) Health and emergency procedures, including fire safety;

(6) The disaster and mass casualty plan required in Section 80023, including emergency evacuation and exit procedures when secured perimeters/delayed egress are in use.

(i) In addition to any other required training, each direct care staff person shall have a minimum of 16 hours of emergency intervention training per Section 1567.64 of the Health and Safety Code, which shall include the techniques the licensee will use to prevent injury and maintain safety regarding clients who are a danger to self or others and shall emphasize positive behavioral supports and techniques that are alternatives to physical (manual) restraints, pursuant to the following:

(1) Section 85365 for an Enhanced Behavioral Supports Home licensed as an Adult Residential Facility.

(2) Section 84365 for an Enhanced Behavioral Supports Home licensed as a Group Home.

(j) The licensee shall ensure that a direct care staff person shall not implement emergency intervention techniques until they successfully complete the emergency intervention training as required by the facility's applicable licensure type.

(k) In addition to any other required training, prior to providing direct client care, the licensee shall ensure that each direct care staff person receive hands-on training in first aid and cardiopulmonary resuscitation.

(1) Direct care staff shall maintain current certifications in first aid and cardiopulmonary resuscitation. The administrator shall maintain the certifications in the facility personnel records.

(l) In addition to any other required training, the licensee shall ensure that each direct care staff person complete the competency-based training prior to or within one year of employment at the Enhanced Behavioral Supports Home as required by the California Code of Regulations, Title 17, Section 59063(e).

(m) In addition to any other required training, direct care staff shall complete a minimum of 20 hours of continuing education on an annual basis covering, but not limited to, the subjects specified in Section 89965(h):

(1) For Enhanced Behavioral Supports Homes licensed as Group Homes, 10 of the continuing education hours required by Title 22, California Code of Regulations, Section 84065(j) shall count towards the hours required in Section 89965(h).

(2) Additional continuing education shall be required, as necessary, to ensure the continued health and safety of each client.

(3) Successful completion of the competency-based training and passage of the competency test required by the California Code of Regulations, Title 17, Section 59063(e) shall satisfy the direct care staff continuing education requirements specified in Sections 89965(m) through (m)(2) for the year in which the training is satisfactorily completed.

(n) The licensee shall ensure that a direct care staff person renews the emergency intervention training annually.

Cal. Code Regs. Tit. 22, § 89965

1. New section filed 2-9-2017 as an emergency; operative 2-9-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No. 37).

Note: Authority cited: Sections 1530 and 1567.68, Health and Safety Code. Reference: Sections 1501, 1502, 1530, 1531 and 1567.64, Health and Safety Code; and Section 4684.6, Welfare and Institutions Code.