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 71831 - Program Flexibility
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Although facilities, agencies and public educational institutions are required to comply with sections 71801 through 71853, these requirements shall not prohibit the use of alternate concepts, methods, procedures, techniques or personnel qualifications in the provision of nurse assistant training programs provided such exceptions are carried out without reduction in the quality of nurse assistant training, the quality of patient care in the facility or the ability of the certification training program to prepare nurse assistants for certification. Such exceptions may only be carried out with the prior written approval of the Department which shall provide for the terms and conditions under which the exception is granted. A written request and substantiating evidence supporting the request shall be submitted by the applicant or licensee to the Department.
(b) Submission of a request for program flexibility must be made in the format and on a form developed by the Department. Form DHS 5000, 5/92, is hereby incorporated by reference. Submission of the program flexibility request shall be deemed to occur on the date the request is received by the Department. This form can be obtained by writing to the Department at the address specified in Section 71833(b).
(c) A request is considered complete when the facility, agency or public institution has fully described how it intends to meet the regulatory requirement in an alternate manner.
(d) The Department shall inform the facility, agency, or public institution within thirty (30) calendar days of receipt of a request for flexibility that the request is complete and accepted for consideration or that the request is deficient and what specific information or documentation is required to complete the request.
(e) The Department shall within sixty (60) days of a completed request, notify the facility, agency or public institution in writing, of the Department's decision regarding the request.
(f) The Department's time frames for processing a program flexibility request from the day a complete request is received are as follows:
| (1) Minimum............................... | 30 days. | |
| (2) Median.................................. | 45 days. | |
| (3) Maximum.............................. | 60 days. |
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 (b) and new subsection (f) 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: Sections 1338.3 and 1276, Health and Safety Code.
