Section 87864 - Administrator-Qualifications and Duties(a) All Residential Care Facilities for the Chronically Ill shall have an administrator who has the following educational background and work experience specified in either Subsection (1), (2), or (3) below: (1) A baccalaureate degree in psychology, social work or a related human services field, or be a registered nurse or medical doctor.(2) A baccalaureate degree in any field with a minimum of one year of experience in a supervisory or management position in human services.(3) A minimum of four years of experience in a supervisory or management position in human services.(b) The licensee, if an individual, may be the administrator if he/she has the qualifications specified in this section.(c) The administrator shall have the following qualifications: (1) The ability to read, write, speak and understand English.(2) Attainment of at least 18 years of age.(3) Knowledge of the requirements for providing the type of care and supervision needed by residents, including the ability to communicate with such residents.(4) Knowledge of and ability to comply with applicable law and regulation.(5) Ability to maintain or supervise the maintenance of financial and other records.(6) Ability to direct the work of others, when applicable.(7) Ability to establish the facility's policy, program and budget.(8) Ability to recruit, employ, train, and evaluate qualified staff, and to terminate employment of staff, if applicable to the facility.(9) Knowledge of basic food nutrition.(d) The administrator shall have a combination of 40 hours of documented training. The training shall be in areas selected from the following: resident-related health conditions, signs and symptoms of substance abuse, business administration, death and dying, self-help and coping when caring for the terminally ill, community resources, food purchasing, personnel supervision and relations, personality conflict and facility management. (1) The training must be given by a person who possesses the necessary credentials to substantiate that he/she is qualified to provide the training.(2) The administrator shall have the documentation which outlines the date and the type of training completed.(3) The licensee shall maintain a copy of the training documentation in the facility personnel file.(4) A minimum of 20 hours of the training required by (d) above shall focus on HIV Disease/AIDS and early recognition and the prevention of tuberculosis.(e) The administrator shall: (1) Provide for supervision of all residents, as needed to meet the needs of individual residents.(2) Administer the applicable policies of the facility.(3) Comply with applicable laws and regulations.(4) Communicate with the Department as required by applicable laws and regulations.(5) Acknowledge the receipt of the Department's correspondence, notices, or field reports when the Department has requested a response.(6) Assure the timely correction of all cited deficiencies.(7) Adjust the program to accommodate the needs of all residents.(8) Coordinate all activities and services.(9) Recruit, hire, and supervise all staff.(10) Provide initial orientation for all staff and ongoing educational and training programs for the direct care staff.(f) The licensee, if an individual, or any member of the governing board of the licensed corporation or association, shall be permitted to be the administrator provided that he/she meets the qualifications specified in this section.(g) Each licensee shall make provision for continuing operation and carrying out of the administrator's responsibilities during any absence of the administrator. (1) When the administrator is absent from the facility, there shall be coverage by a substitute designated by the licensee who meets the qualifications specified in Section 87864.1, who is on site, and who shall be capable of, and responsible and accountable for the management and administration of the facility in compliance with applicable laws and regulations. (A) When the administrator is absent from the facility for more than 30 consecutive days, the licensee shall designate a substitute who meets the qualifications of an administrator as specified in Section 87864(c).Cal. Code Regs. Tit. 22, § 87864
1. New section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-3-91 as an emergency; operative 12-3-91 (Register 92, No. 9). A Certificate of Compliance must be transmitted to OAL 4-1-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-3-91 order including adoption of subsections (d)(1)-(4) and amendment of subsection (e) transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. Repealer and new subsection (b) and amendment of NOTE filed 11-4-96; operative 12-4-96 (Register 96, No. 45).
5. Editorial correction of subsections (a), (g)(1) and (g)(1)(A) (Register 2002, No. 14). Note: Authority cited: Section 1568.072, Health and Safety Code. Reference: Sections 1568.02 and 1568.072, Health and Safety Code.
1. New section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-3-91 as an emergency; operative 12-3-91 (Register 92, No. 9). A Certificate of Compliance must be transmitted to OAL 4-1-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-3-91 order including adoption of subsections (d)(1)-(4) and amendment of subsection (e) transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. Repealer and new subsection (b) and amendment of Note filed 11-4-96; operative 12-4-96 (Register 96, No. 45).
5. Editorial correction of subsections (a), (g)(1) and (g)(1)(A) (Register 2002, No. 14).