SECTIONS 1812.540-1812.544 - California Statutes

CIVIL CODE

SECTION 1812.540-1812.544

1812.540. For purposes of this chapter, the following definitions
shall apply:
(a) "Direct care service" means the temporary assignment of
certified nurse assistants to render basic care services directed at
the safety, comfort, personal hygiene, or protection of a patient who
is a resident of a long-term health care facility.
(b) "Nursing service" means the temporary assignment of a licensed
registered nurse, licensed vocational nurse, or psychiatric
technician to render nursing and basic care services to a patient who
is a resident of a long-term health care facility.
(c) "Licensed nursing staff" means a licensed registered nurse,
licensed vocational nurse, or psychiatric technician.
(d) "Long-term health care facility" means a licensed facility, as
defined in Section 1418 of the Health and Safety Code.

1812.541. Every employment agency that refers temporary certified
nurse assistants to an employer that is a long-term health care
facility shall provide the employer with all of the following:
(a) Written verification that the employment agency has verified
that any certified nurse assistant referred by the agency is
registered on the state registry of certified nurse assistants and is
in good standing. The employment agency shall provide to the
employer the certified nurse assistant's professional certification
number and date of expiration.
(b) A statement that the certified nurse assistant has at least
six months of experience working in a long-term health care facility.
(c) A statement that the certified nurse assistant has had a
health examination within 90 days prior to employment with the
employment agency or seven days after employment with the employment
agency and at least annually thereafter by a person lawfully
authorized to perform that procedure. Each examination shall include
a medical history and physical evaluation. The employment agency
shall also provide verification that the individual has had
tuberculosis screening within 90 days prior to employment and
annually thereafter.
(d) A statement that the certified nurse assistant will
participate in the facility's orientation program and any in-service
training programs at the request of the long-term health care
employer.
(e) A statement that a certified nurse assistant is in compliance
with the in-service training requirements of paragraph (1) of
subdivision (a) of Section 1337.6 of the Health and Safety Code.

1812.542. Every employment agency that refers temporary licensed
nursing staff to an employer who is a licensed long-term health care
facility shall provide the employer with all of the following:
(a) Written verification that the individual is in good standing
with the Board of Registered Nursing or the Board of Vocational
Nursing and Psychiatric Technicians, as applicable, and has
successfully secured a criminal record clearance. The employment
agency shall provide to the employer the individual's professional
license and registration number and date of expiration.
(b) A statement that the licensed nursing staff person has had a
health examination within 90 days prior to employment with the
employment agency or seven days after employment with the employment
agency and at least annually thereafter by a person lawfully
authorized to perform that procedure. Each examination shall include
a medical history and physical evaluation. The employment agency
shall also provide verification that the individual has had
tuberculosis screening within 90 days prior to employment and
annually thereafter.

1812.543. (a) An employment agency that makes referrals of licensed
nursing staff or certified nurse assistants for temporary employment
in a long-term health care facility shall adopt policies and
procedures regarding prevention of resident or patient abuse by
temporary staff.
(b) The employment agency shall provide written verification to
the long-term health care facility that any certified nurse
assistants or licensed nursing staff referred by the agency do not
have any unresolved allegations against them involving the
mistreatment, neglect, or abuse of a patient, including injuries of
unknown source and misappropriation of resident property.
(c) No temporary staff person referred by an employment agency may
be solely responsible for a unit unless that person has received a
full orientation to the facility and the applicable unit for which he
or she is assigned.
(d) Upon the request of the State Department of Health Services,
an employment agency shall provide a list of temporary employees who
have been referred to a specified facility during the period in which
the facility is involved in a labor action.
(e) An employment agency shall require that any employee referred
to a long-term care facility be identified as a temporary staff
person in the facility's daily staffing levels required to be posted
in accordance with the standards set forth in Section 941 of Appendix
F of Public Law 106-554 (42 U.S.C. Sec. 1395i-3(b)(8) and 42 U.S.C.
Sec. 1395r(b)(8)).

1812.544. (a) Every employment agency that makes referrals of
licensed nursing staff or certified nurse assistants for temporary
employment in a long-term health care facility shall maintain a
record of all advertisements, showing the date of publication and the
publication in which the advertisement appeared, for a period of one
year from the date of the advertisement.
(b) No employment agency that makes referrals for employment to a
long-term health care facility shall, by its name, advertisement, or
any other representation, represent itself to be a home health
agency, as defined by subdivision (a) of Section 1727 of the Health
and Safety Code, or to perform the services of a home health agency.
The employment agency shall provide a written disclosure to each
employer stating that it does not perform the services of a home
health agency and clearly describing that it is an employment agency
only.
(c) Any facility or individual may refer complaints concerning
employment agencies which place licensed nursing staff or certified
nurse assistants in long-term health care facilities to the
appropriate licensing, certification, ombudsman, adult protective
services, or proper law enforcement agency for action.