Section 87411 - Personnel Requirements-General(a) Facility personnel shall at all times be sufficient in numbers, and competent to provide the services necessary to meet resident needs. In facilities licensed for sixteen or more, sufficient support staff shall be employed to ensure provision of personal assistance and care as required in Section 87608, Postural Supports. Additional staff shall be employed as necessary to perform office work, cooking, house cleaning, laundering, and maintenance of buildings, equipment and grounds. The licensing agency may require any facility to provide additional staff whenever it determines through documentation that the needs of the particular residents, the extent of services provided, or the physical arrangements of the facility require such additional staff for the provision of adequate services.(b) All persons who supervise employees or who supervise or care for residents shall be at least eighteen (18) years of age.(c) All RCFE staff who assist residents with personal activities of daily living shall receive initial and annual training as specified in Health and Safety Code sections 1569.625 and 1569.69. (1) Staff providing care shall receive appropriate training in first aid from persons qualified by such agencies as the American Red Cross.(2) This training shall be administered on the job, in a classroom setting, or any combination of the two.(3) The training shall include, but not be limited to, the following: (A) The aging process and physical limitations and special needs of the elderly.(B) Importance and techniques of personal care services, including but not limited to, bathing, grooming, dressing, feeding, toileting, and infection control, as specified in Section 87470, Infection Control Requirements.(C) Residents' rights, as specified in Section 87468, Personal Rights.(D) Policies and procedures regarding medications, including the knowledge in Section 87411(d)(4). Any on-the-job training provided for the requirements in Section 87411(d)(4) may also count towards the requirement in this subsection.(E) Psychosocial needs of the elderly, such as recreation, companionship, independence, etc.(F) Recognizing signs and symptoms of dementia in individuals.(4) All training shall be conducted by a person who is knowledgeable in a subject that is relevant to the subject area in which training is to be provided, and who satisfies at least one of the following criteria related to education and experience: (A) Both a four-year college degree, graduate degree or professional degree, and two (2) years of experience in an area relevant to caring for the needs of the elderly, or(B) License to work as a health care provider in California, or(C) At least two years of experience in California as an administrator of an RCFE, within the last eight years, and with a record of administering facilities in substantial compliance, as defined in Section 87101(s).(5) Training may include use of books, video instruction tapes, interactive CD-ROMs and similar materials, upon the approval of that material by a trainer who satisfies the criteria of Section 87411(c)(3).(6) The licensee shall maintain documentation pertaining to staff training in the personnel records, as specified in Section 87412(c)(2). For on-the-job training, documentation shall consist of a statement or notation, made by the trainer, of the content covered in the training. Each item of documentation shall include a notation that indicates which of the criteria of Section 87411(c)(3) is met by the trainer.(d) All personnel shall be given on the job training or have related experience in the job assigned to them. This training and/or related experience shall provide knowledge of and skill in the following, as appropriate for the job assigned and as evidenced by safe and effective job performance: (1) Principles of good nutrition, good food preparation and storage, and menu planning.(2) Housekeeping and sanitation principles.(3) Skill and knowledge required to provide necessary resident care and supervision, including the ability to communicate with residents.(4) Knowledge required to safely assist with prescribed medications which are self-administered.(5) Knowledge necessary in order to recognize early signs of illness and the need for professional help.(6) Knowledge of community services and resources.(e) In facilities licensed for sixteen (16) or more, the requirements of Section 87411(d) shall be met with planned on the job training program that utilizes orientation, skill training and continuing education.(f) All personnel, including the licensee and administrator, shall be in good health, and physically and mentally capable of performing assigned tasks. Good physical health shall be verified by a health screening, including a chest x-ray or an intradermal test, performed by a physician not more than six (6) months prior to or seven (7) days after employment or licensure. A report shall be made of each screening, signed by the examining physician. The report shall indicate whether the person is physically qualified to perform the duties to be assigned, and whether he/she has any health condition that would create a hazard to him/herself, other staff members or residents. A signed statement shall be obtained from each volunteer affirming that he/she is in good health. Personnel with evidence of physical illness or emotional instability that poses a significant threat to the well-being of residents shall be relieved of their duties.(g) Prior to employment or initial presence in the facility, all employees and volunteers subject to a criminal record review shall: (1) Obtain a California clearance or a criminal record exemption as required by law or Department regulations or(2) Request a transfer of a criminal record clearance as specified in Section 87355(c) or(3) Request and be approved for a transfer of a criminal record exemption, as specified in Section 87356(r), unless, upon request for a transfer, the Department permits the individual to be employed, reside or be present at the facility.(h) All services requiring specialized skills shall be performed by personnel qualified by training or experience in accordance with recognized professional standards.(i) Residents shall not be used as substitutes for required staff but may, as a voluntary part of their program of activities, participate in household duties and other tasks suited to the resident's needs and abilities.(j) Volunteers may be utilized but may not be included in the facility staffing plan. Volunteers shall be supervised.Cal. Code Regs. Tit. 22, § 87411
1. Change without regulatory effect renumbering former section 87565 to new section 87411, including amendment of section and NOTE, filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).
2. Amendment of subsections (c), (c)(3)(A)-(B) and (c)(3)(D) and amendment of NOTE filed 2-7-2022 as an emergency; operative 2-7-2022 (Register 2022, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (c), (c)(3)(A)-(B) and (c)(3)(D) and amendment of NOTE refiled 8-8-2022 as an emergency; operative 8-8-2022 (Register 2022, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2022 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (c), (c)(3)(A)-(B) and (c)(3)(D) and amendment of NOTE refiled 11-7-2022 as an emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed 3-20-2023 (Register 2023, No. 12). Note: Authority cited: Sections 1569.30, 1569.625 and 1569.69, Health and Safety Code. Reference: Sections 1569.17, 1569.31, 1569.312, 1569.625 and 1569.69, Health and Safety Code; and Section 42001, Vehicle Code.
1. Change without regulatory effect renumbering former section 87565 to new section 87411, including amendment of section and Note, filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).
2. Amendment of subsections (c), (c)(3)(A)-(B) and (c)(3)(D) and amendment of Note filed 2-7-2022 as an emergency; operative 2/7/2022 (Register 2022, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2022 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection s (c), (c)(3)(A)-(B) and (c)(3)(D) and amendment of Note refiled 8-8-2022 as an emergency; operative 8/8/2022 (Register 2022, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2022 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (c), (c)(3)(A)-(B) and (c)(3)(D) and amendment of Note refiled 11-7-2022 as an emergency; operative 11/7/2022 (Register 2022, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-6-2023 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-7-2022 order transmitted to OAL 2-3-2023 and filed 3/20/2023 (Register 2023, No. 12).