Section 87865.1 - Staffing Ratios for Day and Night Care and Supervision(a) There shall be a minimum of one direct care staff person on duty whenever residents are present.(b) For daytime hours, the minimum staffing ratio shall be one direct care staff person up, awake, and on duty for every ten residents on the premises.(c) For evening and night hours, the minimum staffing ratio shall be one direct care staff person up, awake, and on duty for every fifteen residents on the premises (1) For evening and night hours, at least one direct care staff person shall be on call within 30 minutes of the facility in case of an emergency.(d) For residents who are unable to assist in the performance of activities of daily living and for residents whose death is imminent as specified in the resident's Individual Services Plan or as observed by the Department, the minimum staffing ratio shall be one direct care staff person to every three residents.(e) The staffing ratio specified in this section shall exclude the support staff as specified in Section 87865(o) but may include the following: (1) The administrator if he/she meets the qualifications specified in Sections 87864 and 87865.(2) The facility manager if her/she meets the qualifications specified in Sections 87864.1 and 87865.Cal. Code Regs. Tit. 22, § 87865.1
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 A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL 4-1-92 or emergency language will be repealed by operation of law on the following day.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 amendment of subsections (a)(1)(A), (a)(2)(A)-(B) and (c)(1) transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. Amendment of section and NOTE filed 11-4-96; operative 12-4-96 (Register 96, No. 45).
5. Editorial correction of subsection (e) (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 A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.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 amendment of subsections (a)(1)(A), (a)(2)(A)-(B) and (c)(1) transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. Amendment of section and Note filed 11-4-96; operative 12-4-96 (Register 96, No. 45).
5. Editorial correction of subsection (e) (Register 2002, No. 14).