Cal. Code Regs. Tit. 22, § 76872 - Developmental Program Services-Staffing
(a) The facility shall provide through direct
employment or contractual arrangement a qualified mental retardation
professional who shall have the responsibility for supervising the
implementation of each client's individual service plan, integrating the
various aspects of the facility's program plan, assuring continuity of facility
services with those provided by outside agencies, recording each client's
progress and initiating periodic review of each individual service plan for
necessary modifications or adjustments.
(b) The facility shall provide through direct
employment or contractual arrangement a qualified mental retardation
professional who shall provide a minimum of 1.75 hours of service per week per
client.
(c) In addition to the
qualified mental retardation professional, the facility shall provide either
through direct employment or by contractual arrangement an interdisciplinary
professional staff/team to assist in the development and implementation of
individual service plans and provide training to the facility staff.
(d) The interdisciplinary professional
staff/team shall be composed of at least three (3) persons from any of the
following disciplines and the composition of the staff/team shall be of the
numbers and disciplines appropriate to meet the clients' needs.
(1) Clinical psychologist.
(2) Recreation therapist.
(3) Occupational therapist.
(4) Physical therapist.
(5) Social worker with a master's
degree.
(6) Speech
therapist.
(7)
Audiologist.
(8)
Physician.
(9)
Pharmacist.
(10)
Educator.
(e) The
aggregate time provided by members of the interdisciplinary professional
staff/team shall be equal to at least one half hour per week per
client.
(f) The primary
responsibility of direct care staff shall be the care and training of the
clients as follows:
(1) Staff shall train
clients in activities as specified in the individual service plan.
(2) Direct care staff shall not be diverted
from their primary responsibilities by excessive housekeeping, clerical duties
or activities not related to client care when clients are physically present in
the facility.
(g) Each
facility shall employ direct care staff to provide program and nursing services
to clients 24 hours a day as indicated in the chart below. Direct care staffing
hours shall not include the time staff spend in in-service programs as
specified in subsection
76873(c).
Number of Clients |
Average Hours Per Day |
Minimum Hours Per Day |
Total Hours Per Calendar Week |
4-6 | 36 | 30 | 252 |
7 | 37 | 30 | 259 |
8 | 41 | 35 | 287 |
9 | 46 | 38 | 322 |
10 | 51 | 43 | 357 |
11 | 57 | 47 | 399 |
12 | 62 | 51 | 434 |
13 | 67 | 55 | 469 |
14 | 73 | 60 | 511 |
15 | 78 | 65 | 546 |
(h)
Each facility shall designate supervisory direct care staff persons in
accordance with the provisions of Section
1267.11
of the Health and Safety Code. For purposes of this subsection, the definition
of supervision contained in Section
76836 shall apply.
(i) Supervisory direct care staff persons
shall report to and be accountable to the qualified mental retardation
professional.
(j) Facilities
serving 12 to 15 clients shall staff the night shift with a minimum of two (2)
direct care staff. This is inclusive of the staffing requirements of Section
76872(g).
(k) Each facility shall employ sufficient
direct care staff to carry out the active treatment programs and meet
individual client needs.
(l) Direct
care staff shall be in the facility whenever clients are present.
(m) When clients are not present in the
facility, prior arrangements shall be made for the notification of facility
staff in case of emergency.
Notes
2. Amendment filed 3-12-90; operative 4-11-90 (Register 90, No. 13).
3. Amendment of subsections (b), (g) and NOTE filed 8-31-95 as an emergency; operative 8-31-95 (Register 95, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-29-95 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as 8-31-95 order transmitted to OAL 12-28-95 and filed 2-6-96 (Register 96, No. 6).
Note: Authority cited: Sections 208, 208.4, 1267.7, 1267.11 and 1275, Health and Safety Code. Reference: Section 1276, Health and Safety Code.
2. Amendment filed 3-12-90; operative 4-11-90 (Register 90, No. 13).
3. Amendment of subsections (b), (g) and Note filed 8-31-95 as an emergency; operative 8-31-95 (Register 95, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-29-95 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as 8-31-95 order transmitted to OAL 12-28-95 and filed 2-6-96 (Register 96, No. 6).
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