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. 28, July 12, 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.