Cal. Code Regs. Tit. 22, § 72517 - Staff Development
(a) Each facility shall have an ongoing
educational program planned and conducted for the development and improvement
of necessary skills and knowledge for all facility personnel. Each program
shall include, but not be limited to:
(1)
Problems and needs of the aged, chronically ill, acutely ill and disabled
patients.
(2) Prevention and
control of infections.
(3)
Interpersonal relationship and communication skills.
(4) Fire prevention and safety.
(5) Accident prevention and safety
measures.
(6) Confidentiality of
patient information.
(7)
Preservation of patient dignity, including provision for privacy.
(8) Patient rights and civil
rights.
(9) Signs and symptoms of
cardiopulmonary distress.
(10)
Choking prevention and intervention.
(b) In addition to (a) above, all licensed
nurses shall have training in cardiopulmonary resuscitation.
(c) At least once every two years, a facility
shall ensure that each registered nurse, licensed vocational nurse, certified
nurse assistant, and medical director directly employed by a facility receives
training designed to eliminate and prevent discrimination based on actual or
perceived sexual orientation, gender identity and gender expression. A person
required to receive training under this subsection shall receive the training
within six months of hire unless the person provides proof of having received
training within the prior two years that the facility determines complies with
this subsection. If the facility accepts the person's proof of prior training,
a record of the content of the prior training sufficient to determine its
compliance with this subsection must be kept on site at the facility.
(1) Definitions. For purposes of this
subsection, the following apply:
(A) "Gender
expression" means a person's gender-related appearance and behavior whether or
not stereotypically associated with the person's assigned sex at
birth.
(B) "LGBT" means lesbian,
gay, bisexual, and transgender.
(C)
"Sexual orientation" is heterosexual, homosexual, or bisexual.
(D) "Transgender" describes a person whose
gender expression is different from that typically associated with the person's
assigned sex at birth.
(E) "Gender
Identity" has the same meaning as defined in the California Civil Code Section
51. A person's
gender identity shall be determined based on the individual's stated gender
identity, without regard to whether the self-identified gender accords with the
individual's physical appearance, surgical history, genitalia, legal sex, sex
assigned at birth, or name and sex as it appears in medical records, and
without regard to any contrary statement by any other person, including a
family member, conservator, or legal representative. An individual who lacks
the present ability to communicate regarding gender identity shall retain the
gender identity used by that individual prior to losing expressive
capacity.
(2) At a
minimum, the training required under section (c) shall address the following:
(A) Definitions of common terms, including
but not limited to those in subsection (c)(1), associated with sexual
orientation, gender identity, and gender expression and explanations and
examples of sexual orientation, gender identity, and gender
expression.
(B) Methods of
communicating with or about LGBT individuals. The training shall address the
importance of using LGBT individuals' preferred terminology when addressing or
speaking about them and shall include a segment on the use of suitable
vocabulary regarding gender identity, including respecting residents'
pronouns.
(C) The health and social
challenges historically faced by older LGBT persons, including discrimination
in the healthcare setting. The training shall include information on the
history of discrimination and hostility directed toward LGBT persons and shall
include information about LGBT persons' reluctance to seek medical treatment
because of a fear of discrimination. The training shall also address the
discrimination faced by transgender people and the importance of providing and
facilitating medical care and treatment that is sensitive and responsive to a
resident's gender identity and gender expression.
(D) The importance of professionalism in the
medical setting and the ways caretaker attitiudes affect healthcare access and
participation and overall physical and mental health outcomes.
(E) Methods to create a safe and affirming
environment, the legal and professional obligation to treat all patients in a
nondiscriminatory manner, and the penalties for failing to meet legal and
professional standards.
(F) Legal
issues relating to LGBT persons, including but not limited to the following:
(i) Patients' rights enumerated in 22 C.C.R.
section 72527;
(ii) The Unruh Civil Rights Act at section
51 of the Civil
Code;
(iii) marriage and domestic
partnership laws for residents of California;
(iv) Nursing Home Reform
Act.
(3) The
training shall be taught by an entity with expertise in identifying and
addressing the legal and social challenges faced by LGBT persons as they age
and those faced by LGBT persons who reside in long-term-care
facilities.
(4) Training must be
in-person training or internet-based training.
(A) The use of in-person training requires
proof of participant attendance in the form of a certificate signed by the
participant and the participant's supervisor.
(B) The use of internet-based training
requires the following:
(i) Controls to
ensure that the full training is completed;
(ii) The use of a personal identification
number or personal identification information that confirms the identity of the
participant; and
(iii) A final
screen displaying a printable statement, to be signed by the participant and
the participant's supervisor, certifying that the identified participant
completed the identified training.
(5) A facility shall be in compliance with
this subsection prior to or on August 1, 2018.
(d) Records of each staff development program
shall be maintained. The records shall include name and title of presenter,
date of presentation, title of subject presented, description of content and
the signatures of those attending.
(e) Each facility shall have a written
orientation program for all newly hired employees. Each employee shall receive
orientation to the facility, the employee's job description and duties, the
patient population, the pertinent policies and procedures and the facility
staff.
(f) Consultants employed by
the facility shall participate in the staff development program.
Notes
Note: Authority cited: Sections 1257.5, 1275, 131050, 131051, 131052 and 131200, Health and Safety Code. Reference: Sections 1257.5, 1276 and 1276.1, Health and Safety Code.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.