Cal. Code Regs. Tit. 22, § 87406 - Administrator Certification Requirements
(a) All individuals shall be residential care
facility for the elderly certificate holders prior to being employed as an
administrator.
(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.
(2) Individuals who were both the licensee
and administrator on or before July 1, 1991, shall complete an Initial
Certification Training Program but shall not be required to take the written
exam. Individuals exempted from the written exam shall be issued a conditional
certification valid only for the administrator of the facility for which the
exemption was granted.
(A) As a condition to
becoming a certified administrator of another facility, a holder of a
conditional certificate issued pursuant to Section
87406(a)(2) shall
be required to pass the written exam.
(B) As a condition to applying for a new
facility license, the holder of a conditional certificate issued pursuant to
Section 87406(a)(2) shall
be required to pass the written exam.
(3) An applicant for licensure shall be
subject to the same application process for Initial Certification of
Administrators as set forth in Section
87406(b).
(b) To receive his/her certificate an
applicant shall:
(1) Unless exempted by
Section 87406(a)(1),
successfully complete a Department-approved Initial Certification Training
Program as described in Section
87785(h).
(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.
(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 thirty (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.
(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).
(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.
(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.
(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.
(g) Certificates
issued under this section shall be renewed every two (2) years provided the
certificate holder has complied with all renewal requirements.
(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.
(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.
(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.
(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).
Notes
2. Certificate of Compliance transmitted to OAL 4-28-88 and filed 5-31-88 (Register 88, No. 30).
3. Change without regulatory effect renumbering Section 87406 to Section 87220 filed 11-17-88 (Register 88, No. 49).
4. Change without regulatory effect renumbering former section 87564.2 to new section 87406, including amendment of section and NOTE, filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).
5. Amendment of section and NOTE 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 1569.23, 1569.30 and 1569.616, Health and Safety Code. Reference: Sections 1569.17, 1569.171, 1569.23, 1569.315, 1569.50, 1569.613 and 1569.616, Health and Safety Code.
2. Certificate of Compliance transmitted to OAL 4-28-88 and filed 5-31-88 (Register 88, No. 30).
3. Change without regulatory effect renumbering Section 87406 to Section 87220 filed 11-17-88 (Register 88, No. 49).
4. Change without regulatory effect renumbering former section 87564.2 to new section 87406, including amendment of section and Note, filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).
5. Amendment of section and Note filed 12-30-2015; operative
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