Statutes, codes, and regulations
California Code Of Regulations
Title 22 - Social SecurityDivision 6 - Licensing of Community Care FacilitiesChapter 8.5 - Residential Care Facilities for the Chronically Ill
Article 6 - Continuing Requirements
Section 87866 - Personnel Records

Cal. Code Regs. tit. 22 § 87866

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 87866 - Personnel Records
(a) The licensee shall ensure that personnel records are maintained on the licensee, administrator and each employee. Each personnel record shall contain the following information:
(1) Employee's full name.
(2) Driver's license number if the employee is to transport residents.
(3) Date of employment.
(4) A statement signed by the employee that he/she is at least 18 years of age.
(5) Home address and phone number.
(6) Documentation of educational background, continuing education hours, training and/or experience, as specified in Section 87865.
(7) Past work experience, including types of employment and former employers.
(8) Duties of the employee.
(9) Termination date, if no longer employed by the facility.
(10) Documentation of first aid training.
(11) Criminal record statement signed by the employee, as required by Section 87819.
(12) Documentation of either a criminal record clearance or a criminal record exemption as required by Section 87819(d).
(13) A health screening as specified in Section 87865(h).
(14) Tuberculosis test documents as specified in Section 87865(h).
(b) Personnel records shall be maintained for all volunteers and shall contain the following:
(1) A health statement as specified in Section 87865(h)(2)(C).
(2) Tuberculosis test documents as specified in Section 87865(h).
(3) For volunteers that are required to be fingerprinted pursuant to Section 87819:
(A) A signed statement regarding their criminal record history as required by Section 87819(a)(3).
(B) Documentation of either a criminal record clearance or a criminal record exemption as required by Section 87819(d).
(c) All personnel records shall be available to the Department to inspect, audit, and copy upon demand during normal business hours. Records may be removed if necessary for copying. Removal of records shall be subject to the following requirements:
(1) Licensing representatives shall not remove any current emergency or health-related information for current personnel unless the same information is otherwise readily available in another document or format.
(2) Prior to removing any records, a licensing representative shall prepare a list of the records to be removed, sign and date the list upon removal of the records, and leave a copy of the list with the administrator or designee.
(3) Licensing representatives shall return the records undamaged and in good order within three business days following the date the records were removed.
(d) All personnel records shall be retained for at least three years following termination of employment.
(e) All personnel records shall be maintained at the facility site.
(1) The licensee shall be permitted to retain such records in a central administrative location provided that they are readily available to the Department at the facility site as specified in Section 87866(c).
(f) In all cases, personnel records shall document the hours actually worked.

Cal. Code Regs. Tit. 22, § 87866

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 subsection (b) and new subsections (c)-(c)(1)(C) and relettering of following subsections transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. Editorial correction of subsections (a)(6) and (a)(11) (Register 2002, No. 14).
5. Amendment filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-13-2003 or emergency language will be repealed by operation of law on the following day.
6. Amendment refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-11-2004 or emergency language will be repealed by operation of law on the following day.
7. Amendment refiled 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsections (a)(12) and (b)(3)(A)-(B), transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
9. Amendment of subsection (a), new subsections (c)-(c)(3), subsection relettering and amendment of newly designated subsections (e)-(e)(1) filed 5-9-2005; operative 6-8-2005 (Register 2005, No. 19).

Note: Authority cited: Section 1568.072, Health and Safety Code. Reference: Section 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 subsection (b) and new subsections (c)-(c)(1)(C) and relettering of following subsections transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. Editorial correction of subsections (a)(6) and (a)(11) (Register 2002, No. 14).
5. Amendment filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-13-2003 or emergency language will be repealed by operation of law on the following day.
6. Amendment refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-11-2004 or emergency language will be repealed by operation of law on the following day.
7. Amendment refiled 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 3-11-2004 order, including further amendment of subsections (a)(12) and (b)(3)(A)-(B), transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
9. Amendment of subsection (a), new subsections (c)-(c)(3), subsection relettering and amendment of newly designated subsections (e)-(e)(1) filed 5-9-2005; operative 6-8-2005 (Register 2005, No. 19).