1. (a) The following competency-based training and testing requirements apply only to those direct care staff who are employed in Service Level 2, 3, and 4 facilities.

   1. (1) Direct care staff employed in Service Level 2, 3, and 4 facilities before January 1, 2001 shall have until:

      1. (A) January 1, 2002 to satisfactorily complete the first 35-hour competency-based training course and pass the competency test applicable to that training segment, or to pass a challenge test applicable to that training segment; and
      2. (B) January 1, 2003 to satisfactorily complete the second 35-hour competency-based training course and pass the competency test applicable to that training segment, or to pass a challenge test applicable to that training segment.

   2. (2) Direct care staff hired in Service Level 2, 3, and 4 facilities on or after January 1, 2001 shall have:

      1. (A) One year from the date on which the direct care staff was hired to satisfactorily complete the first 35-hour competency-based training course and pass the competency test applicable to that training segment, or to pass a challenge test applicable to that training segment; and
      2. (B) Two years from the date on which the direct care staff was hired to satisfactorily complete the second 35-hour competency-based training course and pass the competency test applicable to that training segment, or to pass a challenge test applicable to that training segment.

2. (b) After the direct care staff completes a challenge test for either of the two 35-hour training segments, the Department shall provide the direct care staff with written notification of the results of the challenge test.

   1. (1) A direct care staff who elects to take but does not pass the challenge test shall take the applicable competency-based training and competency test required by subsection (a)(1) or (2).
   2. (2) A direct care staff may take only one challenge test for each of the two 35-hour training segments prior to attending the related competency-based training segment.
3. (c) After completing either 35-hour training segment, each direct care staff shall take a competency test to assess the direct care staff's competency in specific knowledge areas.

4. (d) Within 60 days of a direct care staff taking the competency test for either of the 35-hour training segments, the Department shall provide the direct care staff and his/her administrator with written notification that the direct care staff has:

   1. (1) Satisfactorily completed the competency testing requirement for the applicable 35-hour training segment; or
   2. (2) Satisfactorily completed the competency testing requirement for the applicable 35-hour training segment with knowledge area(s) identified as needing improvement; or
   3. (3) Failed to satisfactorily complete the competency testing requirement for the applicable 35-hour training segment.
5. (e) The administrator shall be responsible for ensuring that any direct care staff who has knowledge area(s) identified pursuant to subsection (d)(2) as needing improvement obtains the additional training.

6. (f) Direct care staff who fail to satisfactorily complete the testing requirement may continue to provide direct supervision and special services to consumers only when the administrator ensures that the direct care staff:

   1. (1) Repeats the applicable 35-hour training segment and retakes the competency test for that training segment; and

   2. (2) Provides direct supervision and special services only in the presence of another direct care staff who has satisfactorily completed the applicable 35-hour training segment or has passed the challenge test applicable to that training segment.

      1. (A) If the facility is unable to satisfy the requirement in subsection (f)(2), the administrator shall comply with any condition(s) that the regional center may require to protect consumer health and safety.
7. (g) The requirement of subsection (f)(2) shall remain in effect until such time as the direct care staff has satisfactorily completed the competency test for the applicable 35-hour training segment.

8. (h) Upon written notification of satisfactory completion of the first 35-hour competency-based training and competency testing requirement pursuant to subsection (d), the direct care staff who has previously failed to satisfactorily complete the competency test for the first 35-hour training segment shall have:

   1. (1) One year from the date of written notification to satisfactorily complete the second 35-hour training segment; and
   2. (2) No more than two years from the date the direct care staff was hired to satisfactorily complete the competency test for the second 35-hour training segment.
9. (i) The administrator shall enroll direct care staff in the training required by subsection (a)(1) or (2) on a schedule which ensures the opportunity for satisfactory completion of the training by all of the facility's direct care staff who are required to complete the training.

Note: Authority cited: Section 4695.2(e), Welfare and Institutions Code. Reference: Section 4695.2, Welfare and Institutions Code.

History

1. New section filed 12-31-98 as an emergency; operative 12-31-98 (Register 99, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-99 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 5-11-99 as an emergency; operative 5-11-99 (Register 99, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-8-99 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 9-9-99 as an emergency; operative 9-9-99 (Register 99, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-7-2000 or emergency language will be repealed by operation of law on the following day.

4. Repealed by operation of Government Code section 11346.1(g) (Register 2000, No. 2).

5. New section filed 1-14-2000 as an emergency; operative 1-14-2000 (Register 2000, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-15-2000 or emergency language will be repealed by operation of law on the following day.

6. Repealer and new section filed 3-13-2000 as an emergency; operative 3-13-2000 (Register 2000, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-11-2000 or emergency language will be repealed by operation of law on the following day.

7. Reinstatement of section as it existed prior to 3-13-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 30).

8. Repealer and new section filed 7-26-2000 as an emergency; operative 7-26-2000 (Register 2000, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-27-2000 or emergency language will be repealed by operation of law on the following day.

9. Refiling of 7-26-2000 order, including amendment of subsections (a)(1)-(a)(2), (b)(1) and (h)(1)-(i), 11-27-2000 as an emergency; operative 11-27-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2001 or emergency language will be repealed by operation of law on the following day.

10. Certificate of Compliance as to 7-26-2000 order transmitted to OAL 3-22-2001 and filed 5-2-2001 (Register 2001, No. 18).

11. Amendment of subsections (a)(1)-(2) filed 10-11-2001 as an emergency; operative 10-11-2001 (Register 2001, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-8-2002 or emergency language will be repealed by operation of law on the following day.

12. Reinstatement of section as it existed prior to 10-11-2001 emergency amendment pursuant to Government Code section 11346.1(f) (Register 2002, No. 9).

13. Change without regulatory effect amending subsections (a)(1)-(2) and (b) and amending Note filed 2-28-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 9).