SENIOR ASSEMBLY PROPOSAL NO. 5
INTRODUCED BY SENIOR ASSEMBLY MEMBER WOLFE
LEGISLATIVE COUNSEL'S DIGEST
AP 5: CAREGIVERS.
UNDER EXISTING LAW, QUALIFIED AGED, BLIND, AND DISABLED PERSONS ARE PROVIDED WITH SUPPORTIVE SERVICES TO PERMIT THEM TO REMAIN IN THEIR OWN HOMES AND AVOID INSTITUTIONALIZATION THROUGH THE COUNTY-ADMINISTERED IN HOME SUPPORTIVE SERVICES (IHSS) PROGRAM.
EXISTING LAW PERMITS SERVICES TO BE PROVIDED UNDER THE IHSS PROGRAM, EITHER THROUGH THE EMPLOYMENT OF INDIVIDUAL PROVIDERS, A CONTRACT BETWEEN THE COUNTY AND AN ENTITY FOR THE PROVISION OF SERVICES, THE CREATION BY THE COUNTY OF A PUBLIC AUTHORITY, A CONTRACT BETWEEN THE COUNTY AND A NONPROFIT CONSORTIUM, AND THROUGH INDIVIDUAL ARRANGEMENTS WITH AN AGENCY.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THAT ALL UNLICENSED OR UNCERTIFIED INDIVIDUALS PROVIDING CARE AND SUPPORTIVE SERVICES TO ELDERS, DEPENDENT ADULTS, OR OTHER ADULTS REQUIRING SUPPORTIVE SERVICES IN AN UNREGULATED ENVIRONMENT, BE CERTIFIED AND REGISTERED BY THE STATE.
VOTE: MAJORITY.
AP 5: RELATING TO CAREGIVERS
WHEREAS, CURRENTLY, ONLY REGISTERED NURSES, NURSE PRACTITIONERS, PHYSICIAN ASSISTANTS, AND CERTIFIED NURSING ASSISTANTS WHO ARE CAREGIVERS ARE REQUIRED TO BE LICENSED, REGISTERED, CERTIFIED, OR REGULATED IN CALIFORNIA BASED ON COMPLETION OF A BACKGROUND EVALUATION, COMPLETION OF A BASIC EDUCATIONAL PROGRAM, AND TESTING FOR REGISTRATION OR CERTIFICATION, IN ORDER TO PROVIDE SERVICES TO ELDERS, DEPENDENT ADULTS, OR OTHER INDIVIDUALS REQUIRING DIRECT CARE OR SUPPORTIVE SERVICES; AND
WHEREAS, IN CALIFORNIA, THERE ARE MORE THAN 200,000 INDIVIDUALS, WHO ARE NEITHER LICENSED NOR CERTIFIED, WHO PROVIDE OR ENGAGE IN DELIVERING DIRECT CARE AND SERVICES TO INDIVIDUALS WITH DISABILITIES; AND
WHEREAS, THESE INDIVIDUALS ARE CURRENTLY FUNCTIONING UNSUPERVISED WHILE PROVIDING DIRECT CARE AND SUPPORTIVE SERVICES TO INDIVIDUALS WITH VARIOUS CLINICAL, PHYSICAL, AND MENTAL HEALTH NEEDS, AND DISABILITIES, IN A WIDE VARIETY OF SETTINGS; AND
WHEREAS, CURRENTLY, THESE INDIVIDUALS ARE NOT REQUIRED BY LAW TO BE LICENSED, REGISTERED, CERTIFIED, OR REGULATED IN ANY MANNER; AND
WHEREAS, CURRENTLY, THE ONLY FORM OF MONITORING AND ACCOUNTABILITY THAT OCCURS FOR THESE INDIVIDUALS IS DUE TO NONCOMPLIANCE WITH A SPECIFIED LAW OR REGULATION, THAT RESULTS IN THESE INDIVIDUALS BEING CHARGED AND PROSECUTED, AND NO MANDATORY INFORMATION IS PUBLISHED AND AVAILABLE TO THE PUBLIC; AND
WHEREAS, INDIVIDUALS WHO ARE NOT LICENSED, REGISTERED, CERTIFIED, OR REGULATED PLACE ELDERS, DEPENDENT ADULTS, AND OTHERS AT RISK FOR SUSTAINING UNNECESSARY AND NEGATIVE OUTCOMES RELATED TO THEIR GENERAL, MENTAL, CLINICAL, OR PHYSICAL CONDITIONS; AND
WHEREAS, THESE INDIVIDUALS, FOR THE MOST PART, ARE NONPROFESSIONAL AND HAVE ENTERED THE HEALTH CARE FIELD AND EMPLOYMENT WITH LITTLE OR NO TRAINING, EDUCATION, OR EXPERIENCE NECESSARY OR REQUISITE TO CARE FOR DEPENDENT ELDERS OR OTHERS; AND
WHEREAS, SOME OF THESE INDIVIDUALS ARE EMPLOYED BY AGENCIES WHILE MANY SEEK EMPLOYMENT BY OTHER MEANS; AND
WHEREAS, THESE INDIVIDUALS POSSESS NO CERTIFICATION AS BEING COMPETENT TO PROVIDE SERVICES, DIRECT OR SUPPORTIVE. HOWEVER, THESE PROVIDERS ARE RESPONSIBLE FOR PROVIDING CARE TO, AND SERVICES FOR, INDIVIDUALS TO ENSURE HEALTH, SAFETY, AND SECURITY IS PROTECTED WHILE THE INDIVIDUALS REMAIN AT HOME, INCLUDING ENSURING THEIR PERSONAL RIGHTS ARE PROTECTED; AND
WHEREAS, IN ORDER TO SUCCESSFULLY SOLVE THIS PROBLEM, A PROCESS MUST BE ESTABLISHED UNDER WHICH AN APPLICANT SEEKING CAREGIVER STATUS IS REQUIRED TO SUCCESSFULLY OBTAIN A CERTIFICATION, BY PROVIDING EVIDENCE OF BOTH OF THE FOLLOWING: (1) THE SUCCESSFUL COMPLETION OF A BASIC TRAINING COURSE IN THE ACTIVITIES OF DAILY LIVING, FIRST AID, AND CARDIOPULMONARY RESUSCITATION, THAT WOULD DETERMINE THE INDIVIDUAL’S ACCEPTABILITY TO ENGAGE IN AND PROVIDE CARE AND DEMONSTRATE KNOWLEDGE OF THE FUNDAMENTALS OF ELDER AND DEPENDENT ADULT ABUSE; AND (2) A HEALTH BACKGROUND EVALUATION THAT WOULD DEMONSTRATE AN ABILITY TO CARRY OUT THE DUTIES AND RESPONSIBILITIES OF THE POSITION OF CAREGIVER; AND
WHEREAS, THIS CERTIFICATION WILL BE REQUIRED TO BE RENEWED EVERY TWO YEARS AND INFORMATION COMMUNICATED TO A CURRENTLY EXISTING STATE REGISTRATION BOARD; AND
WHEREAS, REQUIRING ALL INDIVIDUALS PROVIDING CARE AND SERVICE TO ELDERS, DEPENDENT ADULTS, FAMILY MEMBERS, OR OTHER ADULTS REQUIRING THE HELP OF A CAREGIVER TO BE CERTIFIED BY THE STATE WILL ENSURE THE PROTECTION OF THOSE RECEIVING CARE AND WILL ENSURE ONGOING EVALUATIONS OF THE NEEDS OF AND SERVICES PROVIDED TO RECIPIENTS; NOW, THEREFORE, BE IT
RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2009 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT ALL UNLICENSED OR UNCERTIFIED INDIVIDUALS PROVIDING CAREGIVER SERVICES TO ELDERS, DEPENDENT ADULTS, OR OTHER ADULTS REQUIRING SUPPORTIVE SERVICES BE CERTIFIED BY THE STATE; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER
RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
RN 09 16420
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