Section 85365 - Personnel RequirementsIn addition to Sections 80065, 84065 for a Community Crisis Home that is licensed as a Group Home, and 85065 for a Community Crisis Home that is licensed as an Adult Residential Facility, the following shall apply:
(a) The licensee shall ensure and maintain documentation in the personnel file verifying that each direct care lead staff person meets the following qualifications: (1) Have a minimum of 12 months prior experience providing direct care to individuals with developmental disabilities with challenging behavior service needs and;(2) Become a Registered Behavior Technician within 60 days of initial employment, or be a qualified behavior modification professional upon employment.(b) The licensee shall ensure and maintain documentation in the personnel file verifying that each direct care staff person meets the following qualifications: (1) Have a minimum of six months prior experience providing direct care to individuals with developmental disabilities who have challenging behavior service needs and;(2) Become a registered behavior technician within twelve months of initial employment, or be a qualified behavior modification professional upon employment.(c) There shall be at least 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. Staffing beyond this minimum is determined by the client's individual behavior supports team and is reflected on the approved DS 6024 form, as required by California Code of Regulations, Title 17, Section 59006.(d) Direct care staff who have not completed the on-site orientation and training as required by California Code of Regulations, Title 17, Section 59007 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 the client. The client shall receive a minimum of 6 hours per month of time for behavior consultation, which includes review and implementation of behavior assessments and behavior interventions, by a qualified behavior modification professional. Time utilized will be documented in the client file.(f) Each Community Crisis Home shall have an administrator present and 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 a minimum of 32 hours of on-site orientation. The on-site orientation includes the training required pursuant to Section 80065(f) as applicable to the facility's licensure type, and shall also address the following: (1) The specialized needs of the client;(2) An overview of primary and secondary diagnoses, including but not limited to: (A) Developmental disability(B) Mental illness/mental health(C) Substance use and abuse(3) Clients' rights and protections pursuant to California Code of Regulations, Title 17, Sections 50500-50550 and the following sections of California Code of Regulations, Title 22: (A) Sections 80072, 84072 for a Community Crisis Home that is licensed as a Group Home, and 85072 for a Community Crisis Home that is licensed as an Adult Residential Facility.(4) The facility's program plan;(5) Implementation of the client's individual behavior supports plan and Individual Program Plan;(6) Health and emergency procedures, including fire safety;(7) The disaster and mass casualty plan required in Section 80023, including emergency evacuation and exit procedures when secured perimeters/delayed egress are in use.(8) Identification and reporting incidents required by Sections 80061, 84061 for a Community Crisis Home that is licensed as a Group Home, and 85061 for a Community Crisis Home that is licensed as an Adult Residential Facility, and of Special Incidents pursuant to California Code of Regulations, Title 17, Section 54327(a) and (b);(9) Identification and reporting of suspected client abuse and neglect; and(10) Assistance to clients with prescribed medications, including required documentation.(i) In addition to any other required training, each direct care staff person shall have a minimum of 16 hours of emergency intervention training as set forth in Section 1567.82 of the Health and Safety Code, which shall include the techniques the licensee will use to prevent injury and maintain safety of clients who are a danger to self or others and shall emphasize positive behavioral supports and techniques that are alternatives to manual restraints, pursuant to the following: (1) Section 85165 for a Community Crisis Home that is licensed as an Adult Residential Facility.(2) Section 84365 for a Community Crisis Home that is 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 Section 85365(i) and (i)(1) for a Community Crisis Home that is licensed as an Adult Residential Facility, and Section 85365(i) and (i)(2) for a Community Crisis Home that is licensed as a Group Home.(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 Community Crisis Home as required by the California Code of Regulations, Title 17, Section 59007.(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 85365(h): (1) Additional continuing education shall be required, as necessary, to ensure the continued health and safety of the client.(2) Successful completion of the competency-based training and passage of the competency test required by the California Code of Regulations, Title 17, Section 59007(e) shall satisfy the direct care staff continuing education requirements specified in Sections 85365(m) through (m)(1) for the year in which the training at California Code of Regulations, Title 17, Section 59007 is satisfactorily completed.(n) The licensee shall ensure that a direct care staff person renew the emergency intervention training annually.(o) The training hours required to maintain certification or licensure, as required in Section 85364 and Section 85365(a) and (b) may be utilized to meet fifty percent of the continuing education hours required in Section 85365(m) when the subject matter is related to the population served for the year in which the training is satisfactorily completed.Cal. Code Regs. Tit. 22, § 85365
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).
3. Change without regulatory effect renumbering former section 85365 to section 85165 and renumbering former section 85165 to section 85365, including amendments, filed 1-2-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 1).
4. Amendment of first paragraph and subsections (h)(3)-(h)(3)(A), (h)(8) and (i), new subsections (i)(1)-(i)(2), amendment of subsection (j) and amendment of NOTE filed 3-1-2021 as an emergency; operative 3-1-2021 (Register 2021, No. 10). Pursuant to Health and Safety Code section 1567.87(c), this is a statutorily deemed emergency and the emergency language remains in effect until 3-1-2023 unless a Certificate of Compliance is transmitted to and approved by OAL prior to that date. Note: Authority cited: Sections 1530 and 1567.87, Health and Safety Code. Reference: Sections 1501, 1531, 1562, 1567.81 and 1567.82, Health and Safety Code.
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).
3. Change without regulatory effect renumbering former section 85365 to section 85165 and renumbering former section 85165 to section 85365, including amendments, filed 1-2-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 1).
4. Amendment of first paragraph and subsections (h)(3)-(h)(3)(A), (h)(8) and (i), new subsections (i)(1)-(i)(2), amendment of subsection (j) and amendment of Note filed 3-1-2021 as an emergency; operative 3/1/2021 (Register 2021, No. 10). Pursuant to Health and Safety Code section 1567.87(c), this is a statutorily deemed emergency and the emergency language remains in effect until 3-1-2023 unless a Certificate of Compliance is transmitted to and approved by OAL prior to that date.