(a) A certification for an enhanced behavioral supports home shall not be issued before emergency regulations filed by the State Department of Developmental Services pursuant to this article have been published. These regulations shall be developed in consultation with stakeholders, including the State Department of Social Services, consumer advocates, and regional centers. The regulations shall address at least the following:
(1) Program standards, including program design requirements, staffing structure, staff qualifications, and training. Training requirements shall include:
(A) A minimum of 16 hours of emergency intervention training, which shall include the techniques the licensee will use to prevent injury and maintain safety regarding consumers who are a danger to self or others and shall emphasize positive behavioral supports and techniques that are alternatives to physical restraints.
(B) Additional training for direct care staff to address the specialized needs of the consumers, including training in emergency interventions.
(2) Requirements and timelines for the development and updating of consumers’ individual behavior supports plans.
(3) Admission and continued stay requirements.
(4) Requirements for ensuring that appropriate services and supports are provided at the time of admission to meet the consumer’s immediate needs pending development of the consumer’s individual behavior supports plan.
(5) The rate methodology.
(6) Consumer rights and protections.
(b) The adoption, initial amendment, repeal, or readoption of a regulation authorized by this section is deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe specific facts showing the need for immediate action. These regulations shall be developed in consultation with system stakeholders. A certificate of compliance for these implementing regulations shall be filed within 24 months following the adoption of the first emergency regulations filed pursuant to this section. The emergency regulations may be readopted and remain in effect until approval of the certificate of compliance.
(Added by Stats. 2014, Ch. 30, Sec. 18. (SB 856) Effective June 20, 2014. Repealed as of January 1, 2020, pursuant to Section 4684.87.)
Last modified: October 25, 2018