Statutes, codes, and regulations
California Code Of Regulations
Title 17 - Public HealthDivision 2 - Health and Welfare Agency-Department of Developmental Services RegulationsChapter 3 - Community ServicesSubchapter 4 - Residential Services and Quality Assurance Regulations
Article 7 - Personnel
Section 56038 - Direct Care Staff Qualifications and Continuing Education Requirements

Cal. Code Regs. tit. 17 § 56038

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Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 56038 - Direct Care Staff Qualifications and Continuing Education Requirements
(a) Service Level 2, 3 and 4 administrators shall ensure that each direct care staff person meets applicable requirements as follows:
(1) Within the first 40 hours of providing consumer services in the facility, all new direct care staff shall complete an on-site orientation which addresses the following:
(A) The facility's program design;
(B) Consumer IPPs;
(C) Consumers' rights regulations;
(D) Assistance to consumers with prescribed medications, if applicable;
(E) Health and emergency procedures, including fire safety;
(F) Identification and reporting of Special Incidents, as required by Title 17, California Code of Regulations, Section 54327(a); and
(G) Identification and reporting of consumer abuse.
(2) Receive on-the-job training as necessary to implement consumer IPPs.
(3) Receive continuing education in one or more of the following areas, as they relate to planning and implementation of residential services for persons with developmental disabilities:
(A) Consumer services as described in the program design;
(B) Promotion of consumers' rights, health, safety, and social and physical integration; and
(C) The ID Team process, including development and implementation of IPPs.
(b) Service Level 2 direct care staff shall complete a minimum of eight hours of continuing education, as described in subsection (a)(3), above within each twelve-month period following the assumption of the duties of direct care staff.
(c) Service Level 3 direct care staff shall complete a minimum of 12 hours of continuing education specified in subsection (a)(3) above within each twelve-month period following the assumption of the duties of direct care staff.
(d) Service Level 4 direct care staff shall:
(1) Have a minimum of six months of prior experience providing direct supervision and special services; or
(2) Within six months of beginning to provide direct supervision and special services in the facility, complete at least 12 additional hours of continuing education as specified in subsection (a)(3) above.
(3) Complete a minimum of 12 hours of continuing education which meets the requirements specified in subsection (a)(3) above within each twelve-month period following the assumption of the duties of direct care staff.
(e) Direct care staff shall complete any additional training in a specific knowledge area(s) which has been identified as needing improvement in the written notification pursuant to Section 56033(d)(2).
(f) Successful completion of the competency-based training and passage of the competency test required by Section 56033(a)(1) or (2) shall satisfy the direct care staff continuing education requirements specified in this section for a direct care staff for the year in which the training is satisfactorily completed.
(g) For direct care staff, passing the challenge test without attending the competency-based training required by Section 56033(a)(1) or (2) shall not satisfy the direct care staff continuing education requirements specified in this section.

Cal. Code Regs. Tit. 17, § 56038

1. New section filed 1-14-91; operative 2-13-91 (Register 91, No. 14).
2. New subsection (b)(1) and amendment of NOTE filed 11-4-91 as an emergency; operative 11-4-91 (Register 92, No. 8). A Certificate of Compliance must be transmitted to OAL 3-3-92 or emergency language will be repealed by operation of law on the following day.
3. New subsection (b)(1) and amendment of NOTE refiled 3-4-92 as an emergency; operative 3-4-92 (Register 92, No. 15). A Certificate of Compliance must be transmitted to OAL 7-2-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-4-92 order including amendment of subsections (b), (c), (d)(3) and repealer of subsection (b)(1) transmitted to OAL 6-25-92 and filed 8-4-92 (Register 92, No. 32).
5. Amendment of section filed 9-20-93 as an emergency; operative 9-20-93. Submitted to OAL for printing only pursuant to Chapter 722, Statutes of 1992, Section 147 (Register 93, No. 39). These regulations shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed, as appropriate.
6. Amendment of section filed 11-23-94; operative 11-23-94 (Register 94, No. 47).
7. Editorial correction of HISTORY 5 (Register 94, No. 47).
8. Amendment of subsection (a)(1)(F) and NOTE filed 6-29-98 as an emergency; operative 6-29-98 (Register 98, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-27-98 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsection (a)(1)(F) and NOTE refiled 10-20-98 as an emergency; operative 10-27-98 (Register 98, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 10-20-98 order transmitted to OAL 12-31-98 and filed 2-17-99 (Register 99, No. 8).
11. Amendment of subsection (d)(2), new subsections (e)-(g) and amendment of NOTE filed 3-13-2000 as an emergency; operative 3-13-2000 (Register 2000, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-11-2000 or emergency language will be repealed by operation of law on the following day.
12. Reinstatement of section as it existed prior to 3-13-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 30).
13. Amendment of subsection (d)(2), new subsections (e)-(g) and amendment of NOTE filed 7-26-2000 as an emergency; operative 7-26-2000 (Register 2000, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-27-2000 or emergency language will be repealed by operation of law on the following day.
14. Refiling of 7-26-2000 order, including further amendment of subsection (b) and NOTE, 11-27-2000 as an emergency; operative 11-27-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2001 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 7-26-2000 order transmitted to OAL 3-22-2001 and filed 5-2-2001 (Register 2001, No. 18).
16. Change without regulatory effect amending subsections (a)(1)(F)-(G) and amending NOTE filed 2-28-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 9).

Note: Authority cited: Sections 4681.1, 4695.2(e) and 4748, Welfare and Institutions Code. Reference: Sections 4648, 4681.1, 4695, 4695.2, 4791, 4833 and 4843, Welfare and Institutions Code.

1. New section filed 1-14-91; operative 2-13-91 (Register 91, No. 14).
2. New subsection (b)(1) and amendment of N OTE filed 11-4-91 as an emergency; operative 11-4-91 (Register 92, No. 8). A Certificate of Compliance must be transmitted to OAL 3-3-92 or emergency language will be repealed by operation of law on the following day.
3. New subsection (b)(1) and amendment of N OTE refiled 3-4-92 as an emergency; operative 3-4-92 (Register 92, No. 15). A Certificate of Compliance must be transmitted to OAL 7-2-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-4-92 order including amendment of subsections (b), (c), (d)(3) and repealer of subsection (b)(1) transmitted to OAL 6-25-92 and filed 8-4-92 (Register 92, No. 32).
5. Amendment of section filed 9-20-93 as an emergency; operative 9-20-93. Submitted to OAL for printing only pursuant to Chapter 722, Statutes of 1992, Section 147 (Register 93, No. 39). These regulations shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed, as appropriate.
6. Amendment of section filed 11-23-94; operative 11-23-94 (Register 94, No. 47).
7. Editorial correction of H istory 5 (Register 94, No. 47).
8. Amendment of subsection (a)(1)(F) and N ote filed 6-29-98 as an emergency; operative 6-29-98 (Register 98, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-27-98 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsection (a)(1)(F) and N ote refiled 10-20-98 as an emergency; operative 10-27-98 (Register 98, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 10-20-98 order transmitted to OAL 12-31-98 and filed 2-17-99 (Register 99, No. 8).
11. Amendment of subsection (d)(2), new subsections (e)-(g) and amendment of N ote filed 3-13-2000 as an emergency; operative 3-13-2000 (Register 2000, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-11-2000 or emergency language will be repealed by operation of law on the following day.
12. Reinstatement of section as it existed prior to 3-13-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 30).
13. Amendment of subsection (d)(2), new subsections (e)-(g) and amendment of N ote filed 7-26-2000 as an emergency; operative 7-26-2000 (Register 2000, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-27-2000 or emergency language will be repealed by operation of law on the following day.
14. Refiling of 7-26-2000 order, including further amendment of subsection (b) and N ote, 11-27-2000 as an emergency; operative 11-27-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2001 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 7-26-2000 order transmitted to OAL 3-22-2001 and filed 5-2-2001 (Register 2001, No. 18).
16. Change without regulatory effect amending subsections (a)(1)(F)-(G) and amending N ote filed 2-28-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 9).