Cal. Code Regs. Tit. 22, § 87405 - Administrator-Qualifications and Duties
(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.
(b) The administrator of a facility or
facilities shall have the responsibility and authority to carry out the
policies of the licensee.
(c)
Failure to comply with all licensing requirements pertaining to certified
administrators may constitute cause for revocation of the license of the
facility.
(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.
(e) The
administrator of a facility licensed for sixteen (16) to forty-nine (49)
residents shall have completed, with a passing grade, at least fifteen (15)
college or continuing education semester or equivalent quarter units; and shall
have at least one year's experience providing residential care to the elderly;
or equivalent education and experience as approved by the Department.
(f) The administrator in facilities licensed
for fifty (50) or more shall have two years of college; at least three years
experience providing residential care to the elderly; or equivalent education
and experience as approved by the licensing agency.
(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.
(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.
(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.
Notes
2. Amendment of subsection (a), repealer of subsection (g), subsection relettering and amendment of newly designated subsection (h)(5) filed 12-30-2015; operative 1-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 1).
Note: Authority cited: Sections 1569.30 and 1569.616(j), Health and Safety Code. Reference: Sections 1569.1, 1569.2, 1569.17, 1569.31, 1569.312, 1569.315, 1569.613, 1569.616 and 1569.62, Health and Safety Code.
2. Amendment of subsection (a), repealer of subsection (g), subsection relettering and amendment of newly designated subsection (h)(5) filed 12-30-2015; operative
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