§ 72517. Staff Development.
22 CA ADC § 72517Barclays Official California Code of Regulations
22 CCR § 72517
§ 72517. Staff Development.
(c) At least once every two years, a facility shall ensure that each registered nurse, licensed vocational nurse, certified nurse assistant, and medical director directly employed by a facility receives training designed to eliminate and prevent discrimination based on actual or perceived sexual orientation, gender identity and gender expression. A person required to receive training under this subsection shall receive the training within six months of hire unless the person provides proof of having received training within the prior two years that the facility determines complies with this subsection. If the facility accepts the person's proof of prior training, a record of the content of the prior training sufficient to determine its compliance with this subsection must be kept on site at the facility.
(E) “Gender Identity” has the same meaning as defined in the California Civil Code Section 51. A person's gender identity shall be determined based on the individual's stated gender identity, without regard to whether the self-identified gender accords with the individual's physical appearance, surgical history, genitalia, legal sex, sex assigned at birth, or name and sex as it appears in medical records, and without regard to any contrary statement by any other person, including a family member, conservator, or legal representative. An individual who lacks the present ability to communicate regarding gender identity shall retain the gender identity used by that individual prior to losing expressive capacity.
(B) Methods of communicating with or about LGBT individuals. The training shall address the importance of using LGBT individuals' preferred terminology when addressing or speaking about them and shall include a segment on the use of suitable vocabulary regarding gender identity, including respecting residents' pronouns.
(C) The health and social challenges historically faced by older LGBT persons, including discrimination in the healthcare setting. The training shall include information on the history of discrimination and hostility directed toward LGBT persons and shall include information about LGBT persons' reluctance to seek medical treatment because of a fear of discrimination. The training shall also address the discrimination faced by transgender people and the importance of providing and facilitating medical care and treatment that is sensitive and responsive to a resident's gender identity and gender expression.
Credits
Note: Authority cited: Sections 1257.5, 1275, 131050, 131051, 131052 and 131200, Health and Safety Code. Reference: Sections 1257.5, 1276 and 1276.1, Health and Safety Code.
History
1. New subsections (c)-(c)(5), subsection relettering and amendment of Note filed 10-30-2017; operative 10-30-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 44).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 22, § 72517, 22 CA ADC § 72517
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