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§ 87405. Administrator - Qualifications and Duties.


Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 6. Licensing of Community Care Facilities
Chapter 8. Residential Care Facilities for the Elderly (RCFE)
Article 7. Personnel
22 CCR § 87405
§ 87405. Administrator - Qualifications and Duties.
(a) All facilities shall have a qualified and currently certified administrator. The licensee and the administrator may be one and the same person. The administrator shall have sufficient freedom from other responsibilities and shall be on the premises a sufficient number of hours to permit adequate attention to the management and administration of the facility as specified in this section. When the administrator is not in the facility, there shall be coverage by a designated substitute who shall have qualifications adequate to be responsible and accountable for management and administration of the facility as specified in this section. The Department may require that the administrator devote additional hours in the facility to fulfill his/her responsibilities when the need for such additional hours is substantiated by written documentation.
(b) The administrator of a facility or facilities shall have the responsibility and authority to carry out the policies of the licensee.
(c) Failure to comply with all licensing requirements pertaining to certified administrators may constitute cause for revocation of the license of the facility.
(d) The administrator shall have the qualifications specified in Sections 87405(d)(1) through (7). If the licensee is also the administrator, all requirements for an administrator shall apply.
(1) Knowledge of the requirements for providing care and supervision appropriate to the residents.
(2) Knowledge of and ability to conform to the applicable laws, rules and regulations.
(3) Ability to maintain or supervise the maintenance of financial and other records.
(4) When applicable, the ability to direct the work of others.
(5) Good character and a continuing reputation of personal integrity.
(6) Have a high school diploma or equivalent, such as a General Education Development (GED) certificate.
(7) Be at least 21 years of age.
(e) The administrator of a facility licensed for sixteen (16) to forty-nine (49) residents shall have completed, with a passing grade, at least fifteen (15) college or continuing education semester or equivalent quarter units; and shall have at least one year's experience providing residential care to the elderly; or equivalent education and experience as approved by the Department.
(f) The administrator in facilities licensed for fifty (50) or more shall have two years of college; at least three years experience providing residential care to the elderly; or equivalent education and experience as approved by the licensing agency.
(g) Administrators employed/licensed prior to July 1, 1982, shall not be required to comply with the college and continuing education requirements in Section 87405(e) or the college requirements in Section 87405(f) provided that they have no break in employment as a Residential Care Facility for the Elderly administrator exceeding three (3) consecutive years.
(h) The administrator shall have the responsibility to:
(1) Administer the facility in accordance with these regulations and established policy, program and budget.
(2) Where applicable, report to the licensee on the operation of the facility, and provide the licensee with necessary interpretations of recognized standards of care and supervision.
(3) Develop an administrative plan and procedures to ensure clear definition of lines of responsibility, equitable workloads, and adequate supervision.
(4) Recruit, employ and train qualified staff, and terminate employment of staff who perform in an unsatisfactory manner.
(5) Provide or ensure the provision of services to the residents with appropriate regard for the residents' physical and mental well-being and needs, including those services identified in the residents' Pre-Admission Appraisals, specified in Section 87457, Pre-admission Appraisal, and Reappraisal, as specified in Section 87463.
(6) Make special provisions for the safety and guidance of residents with visual or auditory deficiencies.
(7) Make provision for the resident with unmet needs to attend available community programs, including but not limited to, arranging for transportation.
(8) Have the personal characteristics, physical energy and competence to provide care and supervision and, where applicable, to work effectively with social agencies.
(i) In those cases where the individual is both the licensee and the administrator of a residential care facility for the elderly, the individual shall comply with all of the licensee and certified administrator requirements.
Note: Authority cited: Sections 1569.30 and 1569.616(j), Health and Safety Code. Reference: Sections 1569.1, 1569.2, 1569.17, 1569.31, 1569.312, 1569.315, 1569.613, 1569.616 and 1569.62, Health and Safety Code.
1. Change without regulatory effect adopting new article 7 heading and renumbering former section 87564 to new section 87405, including amendment of section and Note, filed 3-5-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 10).
2. Amendment of subsection (a), repealer of subsection (g), subsection relettering and amendment of newly designated subsection (h)(5) filed 12-30-2015; operative 1-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 1).
This database is current through 5/6/22 Register 2022, No. 18
22 CCR § 87405, 22 CA ADC § 87405
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