SENIOR ASSEMBLY PROPOSAL NO. 31
INTRODUCED BY SENIOR ASSEMBLY MEMBER WOLFE
LEGISLATIVE COUNSEL'S DIGEST
AP 31: MANDATING CAREGIVER REQUIREMENTS.
UNDER EXISTING LAW, QUALIFIED AGED, BLIND, AND DISABLED PERSONS MAY BE PROVIDED WITH SUPPORTIVE SERVICES BY QUALIFIED INDIVIDUALS TO ASSIST THEM AND PERMIT THEM TO REMAIN IN THEIR OWN HOMES, AND AVOID INSTITUTIONALIZATION, CONSISTENT WITH THE OBJECTIVES OF THE OLMSTEAD ACT.
CURRENTLY THERE ARE NO REQUIREMENTS MANDATING THE VERIFICATION OF SKILLS OR KNOWLEDGE OF PERSONS PRIVATELY HIRED TO PERFORM THE DUTIES OF A CAREGIVER. AS A RESULT, QUALIFIED AGED, BLIND, AND DISABLED PERSONS ARE PLACED AT DIRE RISK OF DEFICIENT CARE, HARM, AND ABUSE.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT LEGISLATION THAT WOULD REQUIRE UNLICENSED AND UNCERTIFIED PERSONS, EXCLUDING FAMILY MEMBERS OR FRIENDS AS TO BE DETERMINED, TO RECEIVE CERTIFICATION TRAINING IN ORDER TO PROVIDE IN-HOME SUPPORTIVE SERVICES FOR THE ELDERLY, BLIND, AND DISABLED.
VOTE: MAJORITY.
AP 31: RELATING TO MANDATING CAREGIVER REQUIREMENTS
WHEREAS, EXISTING LAW PERMITS SUPPORTIVE SERVICES TO BE LIMITEDLY PROVIDED UNDER THE AUSPICE OF IN-HOME SUPPORTIVE SERVICES (IHSS) STAFF. OTHER IN-HOME SERVICES ARE PROVIDED THROUGH (1) THE EMPLOYMENT OF AN INDIVIDUAL PROVIDER OR CAREGIVER FROM AN INDEPENDENT AGENCY, (2) PROVISIONAL SERVICES ON THE RECOMMENDATION OF A FAMILY MEMBER OR FRIEND, AND (3) UNDER A SPECIAL OR PRIVATE ARRANGEMENT WITH A FRIEND OR FAMILY MEMBER PROVIDING THE CARE; AND
WHEREAS, THE RECENT ECONOMIC DOWNTURN AND STATUTORY CHANGES AND RESTRICTIONS, HAVE CAUSED A SIGNIFICANT DECREASE IN FUNDING AND SEVERELY IMPACTED THE AVAILABILITY OF QUALIFIED PERSONS AS POTENTIAL CAREGIVERS AVAILABLE TO PROVIDE THE INDICATED SERVICES TO AGED OR DISABLED PERSONS WITH THE OBJECTIVE OF ASSISTING THEM TO REMAIN IN THEIR PRIVATE HOMES OR OTHER SIMILAR SETTINGS; AND
WHEREAS, AS A RESULT, AN UNDERGROUND ENVIRONMENT EXISTS, CONSISTING OF A LARGE NUMBER OF NONQUALIFIED PERSONS WHO ARE EMPLOYED TO PROVIDE SUPPORT AND SERVICES TO QUALIFIED AGED, BLIND, AND DISABLED INDIVIDUALS, RESULTING IN DOCUMENTED CASES OF VERBAL, MENTAL, FIDUCIARY, SEXUAL, AND PHYSICAL ABUSE, MANY OF WHICH CASES HAVE BEEN PROSECUTED BY STATE AND LOCAL AGENCIES; AND
WHEREAS, CURRENTLY ONLY REGISTERED NURSES, NURSE PRACTITIONERS, PHYSICIAN ASSISTANTS, AND CERTIFIED NURSING ASSISTANTS ARE REQUIRED TO BE LICENSED, REGISTERED, CERTIFIED, OR REGULATED IN CALIFORNIA BASED ON COMPLETION OF A BACKGROUND EVALUATION, HEALTH EXAMINATIONS, COMPLETION OF A BASIC EDUCATIONAL PROGRAM, AND TESTING FOR REGISTRATION OR CERTIFICATION, IN ORDER TO PROVIDE SERVICES TO ELDERS, DEPENDENT ADULTS, OR OTHER INDIVIDUALS IN NEED OF DIRECT CARE OR SUPPORTIVE SERVICES; AND
WHEREAS, CURRENTLY, IN CALIFORNIA, THERE ARE MORE THAN 200,000 INDIVIDUALS WHO ARE NEITHER LICENSED NOR CERTIFIED PROVIDING DIRECT CARE AND SERVICES TO THESE INDIVIDUALS; AND
WHEREAS, UNLICENCED AND UNCERTIFIED INDIVIDUALS ARE CURRENTLY FUNCTIONING IN UNSUPERVISED CAPACITIES WHILE PROVIDING DIRECT CARE AND SUPPORTIVE SERVICES TO INDIVIDUALS WITH VARIOUS CLINICAL DISEASES, SEVERE PHYSICAL AND MENTAL HEALTH NEEDS, AND DISABILITIES IN A WIDE RANGE OF SETTINGS; AND
WHEREAS, CURRENTLY, THE ONLY FORM OF MONITORING AND ACCOUNTABILITY FOR UNLICENSED AND UNCERTIFIED INDIVIDUALS OCCURS IN CONNECTION WITH NONCOMPLIANCE WITH A SPECIFIED LAW OR REGULATION, WHICH RESULTS IN THESE INDIVIDUALS BEING CHARGED AND PROSECUTED, AND NO MANDATORY INFORMATION IS PUBLISHED AND AVAILABLE TO THE PUBLIC. THE ONLY EXCEPTION IS WHEN A GRAPHIC HEADLINE IS PRINTED IN NEWSPAPERS OR PRESENTATED ON RADIO OR TELEVISON; AND
WHEREAS, CAREGIVERS WHO ARE NOT CERTIFIED, TRAINED, APPROPRIATELY SUPERVISED, OR REGULATED PLACE QUALIFIED ELDERS AND DISABLED ADULTS, AND THEIR FAMILIES, AT RISK OF UNNECESSARY AND NEGATIVE TREATMENT AND OF DAMAGING GENERAL, MENTAL, CLINICAL, AND PHYSICAL CONDITIONS; AND
WHEREAS, UNLICENSED AND UNCERTIFIED INDIVIDUALS PROVIDE IMPORTANT CARE TO AND SERVICES FOR QUALIFIED AGED, BLIND, AND DISABLED PERSONS TO ENSURE THEIR HEALTH, SAFETY, AND PROTECTION WHILE ENABLING THEM TO REMAIN IN THEIR HOMES; 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 2011 REGULAR SESSION, HEREBY PROPOSES THAT ALL PERSONS, NOT INCLUDING FAMILY MEMBERS OR CLOSE FAMILY FRIENDS, SHALL BE REQUIRED TO RECEIVE CERTIFICATION TRAINING IN ORDER TO PROVIDE IN-HOME SUPPORTIVE CARE FOR THE ELDERLY, BLIND, AND DISABLED; AND BE IT FURTHER
RESOLVED, THAT THE MANDATED CERTIFICATION SHALL INCLUDE THE CAREGIVER: (1) RECEIVING TRAINING IN FIRST AID, CARDIOPULMONARY RESUSCITATION, AND IN THE DAILY IN-HOME LIFESTYLE OF THE QUALIFIED AGED, BLIND, OR DISABLED CARE RECIPIENTS; (2) COMPLETING A HEALTH AND BACKGROUND EVALUATION WHICH DEMONSTRATES HIS OR HER ABILITY TO CARRY OUT THE DUTIES AND RESPONSIBILITIES OF A CAREGIVER; AND (3) RECEIVING ADDITIONAL TRAINING CERTIFICATION REQUIREMENTS TO BE DETERMINED; AND BE IT FURTHER
RESOLVED, THAT CERTIFICATION SHALL BE ADMINISTERED AND ENFORCED BY A STATE AGENCY TO BE DETERMINED. ALL DOCUMENTED INFRACTIONS RESULTING FROM A CAREGIVER PROVIDING SERVICES WITHOUT REQUIRED CERTIFICATION MAY BE REPORTED TO THE AGENCY THAT SHALL BE RESPONSIBLE FOR MAINTAINING CERTIFICATION AND COMPLAINT RECORDS. CERTIFICATION SHALL BE RENEWED EVERY TWO YEARS; AND BE IT FURTHER
RESOLVED, THAT REQUIRING ALL CAREGIVERS, NOT INCLUDING FAMILY MEMBERS OR FRIENDS, TO BE CERTIFIED BY THE STATE ENSURES THE PROTECTION OF THOSE RECEIVING CARE AND ONGOING EVALUATIONS OF THE NEEDS AND SERVICES FOR THE INDIVIDUAL, WHILE ENABLING THE INDIVIDUAL TO REMAIN IN HIS OR HER HOME AND AVOID INSTITUTIONALIZATION; 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.
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RN 11 18056