SECTIONS 4695-4695.2 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 4695-4695.2

4695. The State Department of Developmental Services shall offer,
through the regional centers, in conjunction with community colleges
which elect to participate, a uniform statewide training program for
directors or licensees of residential facilities serving persons with
developmental disabilities. The training program shall be at the
college level, and shall be given for college credits.

4695.2. (a) Each direct care staff person employed in a licensed
community care facility that receives regional center funding shall
be required to satisfactorily complete two 35-hour competency-based
training courses approved, after consultation with the Community Care
Facility Direct Care Training Work Group, by the department or pass
a department-approved competency test for each of the 35-hour
training segments. Each direct care staff person to whom this
subdivision applies shall demonstrate satisfactory completion of the
competency-based training by passing a competency test applicable to
that training segment.
(b) Each direct care staff person employed prior to January 1,
2001, in a licensed community care facility that receives regional
center funding shall satisfactorily complete the first required
competency-based training course or pass a department-approved
competency test applicable to that training segment by January 1,
2002, and satisfactorily complete the second competency-based
training course or pass a department-approved competency test
applicable to that training segment by January 1, 2003.
(c) Each direct care staff person whose employment in a licensed
community care facility that receives regional center funding
commences on or after January 1, 2001, shall satisfactorily complete
the first required competency-based training course or pass a
department-approved competency test applicable to that training
segment within one year from the date the staff person was hired, and
satisfactorily complete the second competency-based training course
or pass a department-approved competency test applicable to that
training segment within two years from the date the person was hired.
(d) A direct care staff person who does not comply with the
requirements of this section may not continue to provide direct care
to consumers in a licensed community care facility that receives
regional center funding, unless otherwise approved by the department
pursuant to conditions for a waiver specified in regulations adopted
pursuant to subdivision (e).
(e) The department shall adopt emergency regulations in order to
implement this section. These regulations may include, but are not
limited to, all of the following:
(1) Requirements for satisfactory completion of the 70 hours of
direct care staff training.
(2) Provisions for enforcement of training requirements.
(3) Continuing education requirements beyond the initial 70 hours
of required training.
(4) Provisions for waiving staff training and competency testing
requirements, provided that waivers shall not adversely impact the
health and safety of consumers living in licensed community care
facilities that receive regional center funding.
(f) The emergency regulations adopted by the department pursuant
to subdivision (e) shall be in accordance with the Administrative
Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code). The initial
adoption of emergency regulations and one readoption of the initial
regulations shall be deemed to be an emergency and necessary for the
immediate preservation of the public peace, health and safety, or
general welfare. Initial emergency regulations and the first
readoption of those regulations shall be exempt from review by the
Office of Administrative Law. The emergency regulations authorized by
this section shall be submitted to the Office of Administrative Law
for filing with the Secretary of State and publication in the
California Code of Regulations and shall remain in effect for no more
than 180 days.