California Code of Regulations
Title 22 - Social Security
Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies
Chapter 2.5 - Certified Nurse Assistant Program
Article 2 - Administration
Section 71829 - Director of Staff Development or Instructor

Universal Citation: 22 CA Code of Regs 71829

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Each nursing facility, agency or public educational institution providing nurse assistant training shall be responsible for hiring qualified staff and shall submit a resume to the Department reflecting the qualifications of a Director of Staff Development or Instructor who must be approved by the Department. In nursing facilities a licensed nurse who meets the qualifications in this section may provide the training in place of the DSD when the DSD is absent due to illness or vacation or when the DSD has terminated employment. In the latter instance the facility must show evidence of recruitment efforts. A copy of the resume must be kept on file at the facility or agency. The Department shall be notified within thirty (30) calendar days following the employment of a new Director of Staff Development or Instructor.

(1) Submission of a resume shall be deemed to occur on the date the resume is received by the Department.

(2) A resume shall be considered complete when it clearly addresses all the qualifications required by this section.

(b) The Department shall inform the facility, agency or public institution, within thirty (30) calendar days of receipt of the resume that it is complete and accepted or that it is deficient and what specific information or documentation is required to complete the resume.

(c) The Department's maximum time period to approve a resume for an Instructor or Director of Staff Development shall be sixty (60) calendar days, from the receipt of the initial application to the final decision regarding the resume. To prevent delays, the Department may provide telephone approvals whenever possible. Telephone approvals shall be followed by written confirmations.

(d) The nursing facility, agency or public educational institution is responsible for assuring that the Director of Staff Development or Instructor who teaches the certification training program meets either of the following qualification requirements:

(1) One (1) year of experience as a licensed nurse providing direct patient care in a long term care facility in addition to one (1) year of experience planning, implementing and evaluating educational programs in nursing; or

(2) Two years of full time experience as a licensed nurse, at least one year of which must be in the provision of direct patient care in a nursing facility. Within six (6) months of employment and prior to teaching a certification program, the Director of Staff Development or Instructor shall obtain a minimum of twenty-four (24) hours of continuing education courses in planning, implementing and evaluation educational programs in nursing. These must either be courses approved by the Board of Registered Nursing or courses administered by an accredited educational institution. A transcript of successfully completed courses shall be sent to the Department and shall be used as a basis for approval of the qualifications of the Director of Staff Development or Instructor. A copy of the transcript shall be kept on file at the nursing facility, agency or public educational institution.

(e) Depending on the number of beds, nursing facilities which provide only an orientation program and in-service program must employ or contract with a Director of Staff Development according to the minimum number of hours specified in Column A. Nursing facilities which also have a certification program shall employ or contract with a Director of Staff Development according to the minimum number of hours specified in Column B. The Department may require a facility to proved additional staff in accordance with 22 CCR section 72501(g).

*Column A*		*Column B*
*Number of Beds*	*Required Hours Per Month*	*Number of Beds*	*Required Hours Per Week*
100 or more	93	100 or more	40
60 - 99	54	60 - 99	30
1 - 59	26	1 - 59	20

1. New section filed 7-16-91 as an emergency; operative 7-16-91 (Register 91, No. 46). A Certificate of Compliance must be transmitted to OAL by 11-13-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 11-14-91 as an emergency; operative 11-13-91 (Register 92, No. 8). A Certificate of Compliance must be transmitted to OAL 3-12-92 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of HISTORY 2. filed and new section refiled 5-6-92 as an emergency; operative 5-6-92 (Register 92, No. 20). A Certificate of Compliance must be transmitted to OAL 9-3-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-6-92 order including amendment of subsections (a) and (d)(1)-(2) transmitted to OAL 8-27-92 and filed 10-9-92 (Register 92, No. 41).

Note: Authority cited: Sections 208(a), 1275 and 1338.3, Health and Safety Code. Reference: Section 1337.4, Health and Safety Code.

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