重点内容：人员

法规原文（英文）

(a) All facilities shall have a qualified and currently certified administrator. The licensee and the administrator may be one and the same person. The administrator shall have sufficient freedom from other responsibilities and shall be on the premises a sufficient number of hours to permit adequate attention to the management and administration of the facility as specified in this section. When the administrator is not in the facility, there shall be coverage by a designated substitute who shall have qualifications adequate to be responsible and accountable for management and administration of the facility as specified in this section. The Department may require that the administrator devote additional hours in the facility to fulfill his/her responsibilities when the need for such additional hours is substantiated by written documentation.Part 3, Page 104

(b) The administrator of a facility or facilities shall have the responsibility and authority to carry out the policies of the licensee.Part 3, Page 104

(c) Failure to comply with all licensing requirements pertaining to certified administrators may constitute cause for revocation of the license of the facility.Part 3, Page 104

法规原文（英文）

(d) The administrator shall have the qualifications specified in Sections 87405(d)(1) through (7). If the licensee is also the administrator, all requirements for an administrator shall apply. (1) Knowledge of the requirements for providing care and supervision appropriate to the residents. (2) Knowledge of and ability to conform to the applicable laws, rules and regulations. (3) Ability to maintain or supervise the maintenance of financial and other records. (4) When applicable, the ability to direct the work of others. (5) Good character and a continuing reputation of personal integrity. (6) Have a high school diploma or equivalent, such as a General Education Development (GED) certificate. (7) Be at least 21 years of age.Part 3, Page 104

法规原文（英文）

(g) Administrators employed/licensed prior to July 1, 1982, shall not be required to comply with the college and continuing education requirements in Section 87405(e) or the college requirements in Section 87405(f) provided that they have no break in employment as a Residential Care Facility for the Elderly administrator exceeding three (3) consecutive years.Part 3, Page 105

法规原文（英文）

(h) The administrator shall have the responsibility to: (1) Administer the facility in accordance with these regulations and established policy, program and budget. (2) Where applicable, report to the licensee on the operation of the facility, and provide the licensee with necessary interpretations of recognized standards of care and supervision. (3) Develop an administrative plan and procedures to ensure clear definition of lines of responsibility, equitable workloads, and adequate supervision. (4) Recruit, employ and train qualified staff, and terminate employment of staff who perform in an unsatisfactory manner. (5) Provide or ensure the provision of services to the residents with appropriate regard for the residents' physical and mental well-being and needs, including those services identified in the residents' Pre-Admission Appraisals, specified in Section 87457, Pre-admission Appraisal, and Reappraisal, as specified in Section 87463. (6) Make special provisions for the safety and guidance of residents with visual or auditory deficiencies. (7) Make provision for the resident with unmet needs to attend available community programs, including but not limited to, arranging for transportation. (8) Have the personal characteristics, physical energy and competence to provide care and supervision and, where applicable, to work effectively with social agencies.Part 3, Page 105

法规原文（英文）

(i) In those cases where the individual is both the licensee and the administrator of a residential care facility for the elderly, the individual shall comply with all of the licensee and certified administrator requirements.Part 3, Page 105

法规原文（英文）

(a) All individuals shall be residential care facility for the elderly certificate holders prior to being employed as an administrator.Part 3, Page 106

(1) Applicants who possess a valid Nursing Home Administrator license, issued by the California Department of Public Health, shall be exempt from completing an approved Initial Certification Training Program and taking a written exam, provided the individual completes twelve (12) hours of classroom instruction in the following Core of Knowledge areas: (A) Four (4) hours of instruction in laws, regulations, policies, and procedural standards that impact the operations of residential care facilities for the elderly, including but not limited to the authority referenced in this Chapter. (B) Four (4) hours of instruction in medication management, including the use, misuse, and interaction of drugs commonly used by the elderly, including antipsychotics, and the adverse effects of psychotropic drugs for use in controlling the behavior of persons with dementia. (C) Four (4) hours of instruction in resident admission, retention, and assessment procedures.Part 3, Page 106

法规原文（英文）

(1) Unless exempted by Section 87406(a)(1), successfully complete a Department-approved Initial Certification Training Program as described in Section 87785(h).Part 3, Page 106

(2) Unless exempted by Section 87406(a)(1) or (a)(2), pass a written exam developed and administered by the Department within sixty (60) days of completion of an Initial Certification Training Program and within three (3) attempts.Part 3, Page 106

法规原文（英文）

(3) Submit a completed Application for Administrator Certification form LIC 9214 to the Department's Administrator Certification section within thirty (30) days of being notified of having passed the exam, or if the applicant is exempt from taking the written exam, within 30 days of completing the Initial Certification Training Program. The application shall contain the following: (A) The applicant's name, address, e-mail address, phone number(s), and date of birth. (B) A statement of whether or not the applicant: (i) Held or currently holds a license, certification or other approval as a professional in a specified field and the certificate or license number(s). (ii) Held or currently holds a State-issued care facility license or was or is employed by a State-licensed care facility and the license number. (iii) Was the subject of any legal, administrative or other action involving licensure, certification or other approvals as specified in Sections 87406(b)(3)(B)(i) and (ii). (C) Proof that the applicant has successfully completed a Department-approved Initial Certification Training Program or, in the case of a Nursing Home Administrator, proof of completion of the required hours of classroom instruction as specified in Section 87406(a)(1). (D) Documentation of passing the written exam or qualifying for an exemption pursuant to Section 87406(a)(1) or (a)(2). (E) A statement certifying that the information submitted is true and correct. (F) A completed Criminal Record Statement form LIC 508. (G) A completed Request for Live Scan Service form LIC 9163, signed and dated by the live scan vendor, to document that the applicant has submitted fingerprints to the Department of Justice at a live scan location, or a statement that the applicant has a current criminal record clearance or an exemption on file with the Department. (H) A non-refundable one hundred dollar ($100) processing fee. (I) A copy of the front and back of his/her current nursing home wallet license, or equivalent, if the applicant is a current Nursing Home Administrator.Part 3, Page 107

法规原文（英文）

(c) The Department shall not issue a certificate until it receives notification from the Department of Justice that the applicant has a criminal record clearance or an exemption pursuant to Health and Safety Code section 1569.17 or is able to transfer a current criminal record clearance or an exemption pursuant to Health and Safety Code section 1569.17(g)(1).Part 3, Page 107

法规原文（英文）

(d) No person shall cheat on, subvert, or attempt to subvert, the exam given by the Department, including, but not limited to, engaging in, soliciting, or procuring any of the following: (1) Any form of communication between one or more examinees and any other person, other than a proctor or exam official, while the exam is in progress. (2) The taking of all or a part of the exam by a person other than the applicant. (3) Possession or use at any time during the exam or while the examinee is on the exam premises of any device, material, or document that is not expressly authorized for use by examinees during the exam, including, but not limited to, notes, crib sheets, textbooks, and electronic devices. (4) Failure to follow any exam instruction or rule related to exam security.Part 3, Page 108

(e) Any applicant caught willfully cheating under this section shall be deemed to have failed that exam and may be denied certification pursuant to Section 87408 as a result of the conduct.Part 3, Page 108

(f) It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator. Any person willfully making any false representation as being a certified administrator is guilty of a misdemeanor.Part 3, Page 108

法规原文（英文）

(g) Certificates issued under this section shall be renewed every two (2) years provided the certificate holder has complied with all renewal requirements.Part 3, Page 108

(h) Certificates shall be valid for a period of two (2) years and expire on either the anniversary date of initial issuance or on the individual's birthday during the second calendar year following certification. (1) The certificate holder shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two (2) years from the date of issuance of the certificate or on the individual's birthday during the second calendar year following certification.Part 3, Page 108

法规原文（英文）

(i) Time deadlines specified in Sections 87406(b)(2) and (3) may be extended up to sixty (60) days in total for good cause as determined by the Department. Any request for an extension of time shall be made in writing to the Administrator Certification Section Manager within sixty (60) days of completing the Initial Certification Training Program and shall contain a statement of all facts the applicant believes constitute good cause to extend a time deadline.Part 3, Page 108

(1) Good cause may include death of an immediate family member, required fulfillment of military service or other civic duty, or another unavoidable and verifiable event as determined by the Department. Failure of the exam shall not constitute good cause for an extension.Part 3, Page 108

(2) Absent a good cause extension, the Department shall not process and may deem withdrawn an application that fails to meet the time deadlines specified in Sections 87406(b)(2) or (3).Part 3, Page 109

(3) Any applicant who fails to meet the time deadlines specified in Sections 87406(b)(2) and (3) must begin the certification process described in Section 87406(b) anew, and complete it within the time deadlines specified in Sections 87406(b)(2) and (3).Part 3, Page 109

法规原文（英文）

(a) Administrators shall complete at least forty (40) classroom hours of continuing education during each two (2)-year certification period, including.Part 3, Page 109

(1) For administrators who renew their administrator certification on or after January 1, 2003, at least eight (8) hours in subjects related to serving residents with Alzheimer's Disease and other dementias, including, but not limited to, instruction related to direct care, physical environment, and admissions procedures and assessment.Part 3, Page 109

(b) Continuing education hours must be sufficiently related by subject matter and logic to the Core of Knowledge, current and relevant to facility operations and care, and completed through courses approved for residential care facility for the elderly administrators by the Department.Part 3, Page 109

(c) Courses approved for continuing education credit shall require the physical presence of the certificate holder in a classroom setting as defined in Section 87101(c)(7), except that up to one-half of the required forty (40) hours of continuing education necessary to renew the certificate may be satisfied through interactive online courses as specified in Section 87788(i)(1).Part 3, Page 109

(1) The Department will not count toward the continuing education requirements more than ten (10) hours of instruction, in-class and/or online, completed in a single day.Part 3, Page 109

法规原文（英文）

(2) Home study or correspondence-type courses will not be counted toward completion of continuing education requirements as they are not interactive by design. (3) Completion of an Initial Certification Training Program or component(s) thereof will not be counted toward completion of continuing education requirements as the Program is intended for new administrators. (4) Any specific continuing education course may only be accepted once per renewal period toward completion of the continuing education requirements.Part 3, Page 110

法规原文（英文）

(d) To apply for recertification prior to the expiration date of the certificate, the certificate holder shall submit to the Department's Administrator Certification Section, post-marked on, or up to ninety (90) days before, the certificate expiration date: (1) A completed Application for Administrator Certification form LIC 9214. (2) Evidence of completion of forty (40) continuing education hours as specified in Section 87407(a), or, if applicable, twenty (20) continuing education hours as specified in Section 87407(g). (3) Payment of a non-refundable one hundred dollar ($100) processing fee. (4) A copy of the front and back of his/her current nursing home wallet license, or equivalent, if the applicant is a current Nursing Home Administrator.Part 3, Page 110

法规原文（英文）

(e) To apply for recertification after the expiration date of the certificate, but within four (4) years of the certificate expiration date, the certificate holder shall submit to the Department's Administrator Certification Section: (1) A completed Application for Administrator Certification form LIC 9214. (2) Evidence of completion of the required continuing education hours as specified in Section 87407(a), or 87407(g), if applicable. The total number of hours required for recertification shall be determined by computing the number of continuing education hours the certificate holder would have been required to complete if they had remained certified. The date of computation shall be the date application for renewal is received by the Department's Administrator Certification Section. (3) Payment of a non-refundable delinquency fee equal to three times the one hundred dollar ($100) renewal fee, or three hundred dollars ($300).Part 3, Page 110

(f) Certificates not renewed within four (4) years of their expiration date shall not be renewed, restored, reissued or reinstated.Part 3, Page 110

(1) Holders of certificates not renewed within four (4) years of their expiration date must begin anew the certification process specified in Section 87406(b).Part 3, Page 111

法规原文（英文）

(g) Certificate holders who possess a valid Nursing Home Administrator license shall be required to complete only twenty (20) of the required forty (40) hours of continuing education, but including the requirements of Section 87407(a)(1)-(3).Part 3, Page 111

(h) Certificate holders, as a condition of recertification, shall have a current criminal record clearance or exemption.Part 3, Page 111

(i) A non-refundable processing fee of twenty-five dollars ($25) shall be paid for the replacement of a lost certificate.Part 3, Page 111

(j) A certificate holder shall report any change of mailing address within thirty (30) days of the change to the Department's Administrator Certification Section.Part 3, Page 111

(k) Whenever a certified administrator assumes or relinquishes responsibility for administering a residential care facility for the elderly, he or she shall provide written notice, within thirty (30) days, to: (1) The local licensing office responsible for receiving information regarding personnel changes at the licensed facility with whom the certificate holder is or was associated, and (2) The Department's Administrator Certification Section.Part 3, Page 111

法规原文（英文）

(a) The Department may deny or revoke any administrator certificate for violation of licensing regulations or on any of the following grounds:Part 3, Page 111

(1) The certificate holder or applicant procured or attempted to procure a certificate by fraud, misrepresentation, bribery, or other unlawful behavior.Part 3, Page 111

(2) The certificate holder or applicant knowingly made or gave a false statement or information in conjunction with the application for a certificate.Part 3, Page 111

(3) The Department has issued an exclusion order against the certificate holder pursuant to Health and Safety Code sections 1558, 1568.092, 1569.58 or 1596.8897 after the Department issued the certificate, and; (A) The certificate holder did not appeal the exclusion order, orPart 3, Page 111

(B) After the appeal, the Department issued a decision and order that upheld the exclusion order.Part 3, Page 112

法规原文（英文）

(4) The certificate holder or applicant does not have a current criminal record clearance or exemption.Part 3, Page 112

(5) The certificate holder fails to comply with certificate renewal requirements. (A) The Department may reinstate a certificate that has been revoked for failure to comply with certificate renewal requirements provided all conditions for recertification have been satisfied, including payment of all appropriate renewal and delinquency fees.Part 3, Page 112

(6) The certificate holder engaged in conduct which is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility or the people of the State of California.Part 3, Page 112

法规原文（英文）

(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.Part 3, Page 115

(b) All persons who supervise employees or who supervise or care for residents shall be at least eighteen (18) years of age.Part 3, Page 115

法规原文（英文）

(1) Staff providing care shall receive appropriate training in first aid from persons qualified by such agencies as the American Red Cross.Part 3, Page 116

(2) This training shall be administered on the job, in a classroom setting, or any combination of the two.Part 3, Page 116

法规原文（英文）

(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:Part 3, Page 116

(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, orPart 3, Page 116

(B) License to work as a health care provider in California, orPart 3, Page 116

(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)(9).Part 3, Page 116

法规原文（英文）

(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).Part 3, Page 117

(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.Part 3, Page 117

法规原文（英文）

(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.Part 3, Page 117

法规原文（英文）

(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.Part 3, Page 117

法规原文（英文）

(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.Part 3, Page 118

法规原文（英文）

(h) All services requiring specialized skills shall be performed by personnel qualified by training or experience in accordance with recognized professional standards.Part 3, Page 118

(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.Part 3, Page 118

(j) Volunteers may be utilized but may not be included in the facility staffing plan. Volunteers shall be supervised.Part 3, Page 118

法规原文（英文）

(a) The licensee shall ensure that personnel records are maintained on the licensee, administrator and each employee. Each personnel record shall contain the following information: (1) Employee's full name. (2) Social Security number. (3) Date of employment. (4) Written verification that the employee is at least 18 years of age, including, but not necessarily limited to, a copy of his/her birth certificate or driver's license.Part 3, Page 118

法规原文（英文）

(6) Educational background. (A) For administrators this shall include verification that he/she meets the educational requirements in Sections 87405(d) through (g).Part 3, Page 119

(7) Past experience, including types of employment and former employers.Part 3, Page 119

(11) A health screening as specified in Section 87411, Personnel Requirements - General.Part 3, Page 119

法规原文（英文）

(b) Personnel records shall be maintained for all volunteers and shall contain the following: (1) A health statement as specified in Section 87411(f). (2) Health screening documents as specified in Section 87411(f).Part 3, Page 119

法规原文（英文）

(c) Licensees shall maintain in the personnel records verification of required staff training and orientation.Part 3, Page 120

(1) The following staff training and orientation shall be documented:Part 3, Page 120

(A) For staff who assist with personal activities of daily living, there shall be documentation of at least ten hours of initial training within the first four weeks of employment, and at least four hours of training annually thereafter in one or more of the content areas as specified in Section 87411(c)(2).Part 3, Page 120

法规原文（英文）

(d) The licensee shall maintain documentation that an administrator has met the certification requirements specified in Section 87406, Administrator Certification Requirements or the recertification requirements in Section 87407, Administrator Recertification Requirements.Part 3, Page 121

(e) In all cases, personnel records shall demonstrate adequate staff coverage necessary for facility operation by documenting the hours actually worked.Part 3, Page 121

法规原文（英文）

(f) All personnel records shall be available to the licensing agency to inspect, audit, and copy upon demand during normal business hours. Records may be removed if necessary for copying. Removal of records shall be subject to the following requirements: (1) Licensing representatives shall not remove any current emergency or health-related information for current personnel unless the same information is otherwise readily available in another document or format. (2) Prior to removing any records, a licensing representative shall prepare a list of the records to be removed, sign and date the list upon removal of the records, and leave a copy of the list with the administrator or designee. (3) Licensing representatives shall return the records undamaged and in good order within three business days following the date the records were removed.Part 3, Page 121

法规原文（英文）

(g) All personnel records shall be maintained at the facility. (1) The licensee shall be permitted to retain such records in a central administrative location provided that they are readily available to the licensing agency at the facility as specified in Section 87412(f). (h) All personnel records shall be retained for at least three (3) years following termination of employment.Part 3, Page 121

法规原文（英文）

(b) If the facility is licensed for sixteen (16) persons or more, there shall be a dated weekly employee time schedule displayed conveniently for employee reference. The schedule shall contain employee's name, job title, hours of work, and days off.Part 3, Page 122

法规原文（英文）

(a) The following persons providing night supervision from 10:00 p.m. to 6:00 a.m. shall be familiar with the facility's planned emergency procedures, shall be trained in first aid as required in Section 87465, Incidental Medical and Dental Care Services, and shall be available as indicated below to assist in caring for residents in the event of an emergency:Part 3, Page 122

(1) In facilities caring for less than sixteen (16) residents, there shall be a qualified person on call on the premises.Part 3, Page 122

(2) In facilities caring for sixteen (16) to one hundred (100) residents at least one employee shall be on duty on the premises, and awake. Another employee shall be on call, and capable of responding within ten minutes.Part 3, Page 122

(3) In facilities caring for one hundred one (101) to two hundred (200) residents, one employee shall be on call, on the premises; one employee shall be on duty on the premises and awake; and one employee shall be on call and capable of responding within ten minutes.Part 3, Page 122

(4) Every additional 100 residents, or fraction thereof, shall require an additional one (1) staff person on duty, on the premises and awake.Part 3, Page 122