Welcome to the California Department of Alcohol and Drug Programs
California Code of Regulations
Title 9. Rehabilitation and Developmental Services
Division 4. Department of Alcohol and Drug Programs
Chapter 5. Licensure of Residential Alcoholism or Drug Abuse Recovery
Subchapter 3. Compliance Requirements
Article 2. Staffing Standards


§10564. Personnel Requirements.

(a) Facility administrator qualifications
(1) The facility administrator shall demonstrate abilities and competency in the following areas:
(A) Knowledge of the requirements for providing the type of alcoholism or drug abuse recovery or treatment services needed by residents.
(B) Knowledge of and ability to comply with applicable law and regulations.
(C) Ability to direct the work of others, when applicable.
(D) Ability to develop and manage the facility's alcohol or drug abuse recovery or treatment services and budget.
(E) Ability to recruit, employ, train, and evaluate qualified staff, and to terminate employment of staff, if applicable to the facility.
(2) Each licensee shall make provision for continuing operation and administration during any absence of the regular administrative personnel.
(3) The licensee, if an individual, or any member of the governing board of the licensed corporation or association, shall be permitted to be the facility administrator provided that he/she meets the qualifications specified in this section, and in applicable regulations.
(b) Staff Qualifications
(1) Facility personnel including volunteers shall be competent to provide the services necessary to meet resident needs and shall be adequate in numbers necessary to meet such needs. Competence shall be demonstrated by accrued work, personal, and/or educational experience and/or on-the-job performance.
(2) The department shall have the authority to require any licensee to provide additional staff whenever the department determines and documents that existing staff is unable to provide services as described in the plan of operation submitted to the department. The licensee shall be informed in writing of the reasons for the department's determination. The following factors shall be taken into consideration in determining the need for additional staff:
(A) Needs of the particular residents;
(B) Extent of the services provided by the facility; and
(C) Physical arrangements of the particular facility.
(3) All personnel shall be trained or shall have experience which provides knowledge of the skills required in the following areas, as appropriate to the job assigned, and as evidenced by safe and effective job performance:
(A) General knowledge of alcohol and/or drug abuse and alcoholism and the principles of recovery.
(B) Housekeeping and sanitation principles.
(C) Principles of communicable disease prevention and control.
(D) Recognition of early signs of illness and the need for professional assistance.
(E) Availability of community services and resources.
(F) Recognition of individuals under the influence of alcohol and/or drugs.
(G) Principles and nutrition, food preparation and storage, and menu planning.
(c) In addition to the requirements of (b) of this regulation, program staff who provide counseling services (as defined in Section 13005) shall be licensed, certified, or registered to obtain certification pursuant to Chapter 8 (commencing with Section 13000).
(d) Program staff who provide counseling services (as defined in Section 13005) shall comply with the code of conduct, pursuant to Section 13060, developed by the organization by which they were certified or registered
(e) All personnel shall be in good health.
(1) Except as specified in (3) below, good physical health shall be verified by a health screening, including a test for tuberculosis, performed under licensed medical supervision not more than sixty (60) days prior to or seven (7) days after employment with tuberculosis testing renewable every year.
Personnel with a known record of tuberculosis or record of positive testing shall not be required to be retested if a physician verifies the individual has been under regular care and monitoring for tuberculosis. Such verification will be renewed annually.
(2) A health screening report signed by the person performing such screening shall be made for each person specified above, and shall indicate the following:
(A) The person's physical qualifications to perform assigned duties.
(B) The presence of any health condition that would create a hazard to the person, residents or other staff members.
(3) The good physical health of each volunteer who works in the facility shall be verified by a statement signed by each volunteer affirming that he/she is in good health, and a test for tuberculosis performed not more than sixty (60) days prior to or seven (7) days after initial presence in the facility and annually thereafter. At the discretion of the licensee, tuberculosis testing need not be required for volunteers whose functions do not necessitate frequent or prolonged contact with residents.
Volunteers with a known record of tuberculosis or record of positive testing shall not be required to be retested if a physician verifies the individual has been under regular care and monitoring for tuberculosis. Such verification will be renewed annually.
(f) Personnel with evidence of physical illness that poses a threat to the health and safety of residents shall be temporarily relieved of their duties.
(g) Residents shall not be used as substitutes for required staff but shall be permitted to participate in duties and tasks as a voluntary part of their program of activities.
(h) When regular staff members are absent, there shall be coverage by personnel capable of performing assigned tasks as evidenced by on-the-job performance, experience or training. Residents shall not be utilized to fulfill this requirement.
(i) Personnel shall provide services without physical or verbal abuse, exploitation or prejudice.
(j) All personnel shall be instructed to report observation or evidence of violations of personal rights as specified in section 10569 of this subchapter.
(k) The licensee shall develop, maintain, and implement an ongoing training program for all staff in the areas identified in section 10564 (b)(3) of this subchapter in addition to specific training related to their duties. Staff participation in the training program shall be documented and maintained on file for three (3) years.
(l) The licensee shall maintain personnel records for all staff, including program administrators, containing:
(1) Name, address, telephone number, position, duties, and date of employment; and
(2) Resumes, applications, and/or transcripts documenting work experience and/or education used to meet the requirements of this regulation.
(3) Personnel records for staff who provide counseling services (as defined in Section 13005) shall also contain:
(A) Written documentation of licensure, certification, or registration to obtain certification pursuant to Chapter 8 (commencing with Section 13000); and
(B) A copy of the code of conduct of the registrant's or certified AOD counselor's certifying organization pursuant to Section 13060.

NOTE
Authority cited: Section 11834.50, Health and Safety Code. Reference: Section 11834.27, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86 (Register 86, No. 39). A Certificate of Compliance must be transmitted to OAL no later than 1-27-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87 (Register 87, No. 5). A Certificate of Compliance must be transmitted to OAL no later than 5-26-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87 (Register 87, No. 22). A Certificate of Compliance must be transmitted to OAL no later than 9-23-87 or section will be repealed by operation of law (Government Code section 11346.1(g)).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Amendment of subsections (a) and (b) filed 12-27-89 as an emergency; operative 1-1-90 (Register 90, No. 1). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 5-1-90. 9. Amendment of subsections (a) and (b) refiled 4-30-90 as an emergency; operative 4-30-90 (Register 90, No. 22). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 8-28-90. 10. Certificate of Compliance as to 4-30-90 order including amendment of NOTEtransmitted to OAL 8-27-90 and filed 9-26-90 (Register 90, No. 44).

11. Change without regulatory effect adopting new article 2 heading filed 11- 17-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 46).

12. Change without regulatory effect amending Notefiled 6-15-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 25).

13. New subsections (c)-(d), subsection relettering, repealer of subsection designator for former subsections (c)(1)(A) and (c)(3)(A), new subsections (l)- (l)(3)(B) and amendment ofNotefiled 3-25-2005; operative 4-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 12).




§10565. Personnel Records.

(a) Personnel records shall be completed and maintained for each employee, shall be available to the department for review, and shall contain the following information:
(1) Employee's full name.
(2) Driver's license number, class, and expiration date if the employee is to transport residents.
(3) Date of employment.
(4) Home address and phone number.
(5) Past experience, including types of employment and former employers.
(6) Duty statement.
(7) Termination date if no longer employed by the facility.
(b) All personnel shall have on file the record of the health screening as specified in Section 10564(c)(1), (2) of this subchapter.
(c) All records shall be maintained at the facility site. The licensee shall be permitted to retain such records in a central administrative location provided that they are readily available to the department at the facility site upon request.
(d) Personnel records shall be retained for three years after the termination date of employment.

NOTE
Authority cited: Section 11834.50, Health and Safety Code. Reference: Section 11834.50, Health and Safety Code.

HISTORY
1. New section filed 2-7-85 as an emergency; operative 2-7-85 (Register 85, No. 8).

2. Repealed by operation of law 2-1-86. Readoption of section filed 1-24-86 as an emergency; operative 2-1-86 (Register 86, No. 4).

3. Repealed by operation of law 6-2-86. Readoption of section filed 5-30-86 as an emergency; operative 6-1-86 (Register 86, No. 22).

4. Repealed by operation of law 9-29-86. Readoption of section filed 9-26-86 as an emergency; operative 9-29-86. A Certificate of Compliance must be transmitted to OAL no later than 1-27-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 86, No. 39).

5. Readoption of section filed 1-26-87 as an emergency; operative 1-27-87. A Certificate of Compliance must be transmitted to OAL no later than 5-26-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 5).

6. Readoption of section filed 5-26-87 as an emergency; operative 5-26-87. A Certificate of Compliance must be transmitted to OAL no later than 9-23-87, or section will be repealed by operation of law (Gov. C. 11346.1(g)) (Register 87, No. 22).

7. Repealer and new section transmitted to OAL 9-23-87 and filed 10-23-87; operative 10-23-87 (Register 87, No. 43).

8. Change without regulatory effect amending Note filed 6-15-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 25).