Florida Senate - 2012         (Proposed Committee Bill) SPB 7176
       
       
       
       FOR CONSIDERATION By the Committee on Children, Families, and
       Elder Affairs
       
       
       
       586-01903A-12                                         20127176__
    1                        A bill to be entitled                      
    2         An act relating to assisted living facilities;
    3         amending s. 394.4574, F.S.; requiring that the case
    4         manager assigned to a mental health resident of an
    5         assisted living facility that holds a limited mental
    6         health license keep a record of the date and time of
    7         face-to-face interactions with the mental health
    8         resident and make the record available to the
    9         Department of Children and Family Services for
   10         inspection; requiring that the record be maintained
   11         for a specified number of years; requiring that the
   12         department ensure that there is adequate and
   13         consistent monitoring and enforcement of community
   14         living support plans and cooperative agreements;
   15         amending s. 400.0078, F.S.; requiring that, upon
   16         admission to a long-term care facility, a resident or
   17         his or her representative receive information
   18         regarding the confidentiality of any complainant’s
   19         identity and the subject matter of the complaint;
   20         amending s. 415.103, F.S.; requiring that the
   21         department maintain a central abuse hotline that
   22         receives all reports made regarding incidents of abuse
   23         or neglect which are recorded by an electronic
   24         monitoring device in a resident’s room of an assisted
   25         living facility; amending s. 415.1034, F.S.; requiring
   26         that certain employees or agent of any state or local
   27         agency report the abuse, neglect, or exploitation of a
   28         vulnerable adult to the central abuse hotline;
   29         amending s. 429.02, F.S.; defining the term “mental
   30         health professional” as it relates to the Assisted
   31         Living Facilities Act; amending s. 429.075, F.S.;
   32         requiring that an assisted living facility that serves
   33         any mental health resident obtain a limited mental
   34         health license; revising the training requirements for
   35         administrators and staff members of a facility that is
   36         licensed to provide services to mental health
   37         residents; amending ss. 429.176 and 429.178, F.S.;
   38         conforming cross-references; amending s. 429.28, F.S.;
   39         revising the bill of rights for residents of assisted
   40         living facilities with regard to notice of relocation
   41         or termination of residency and placement of an
   42         electronic monitoring device in the resident’s room;
   43         revising requirements for a written notice of the
   44         rights, obligations, and prohibitions which is
   45         provided to a resident of an assisted living facility;
   46         creating s. 429.281, F.S.; providing definitions;
   47         requiring that an assisted living facility comply with
   48         notice of relocation or termination of residency from
   49         the facility when a decision is made to relocate or
   50         terminate the residency of a resident; providing
   51         requirements and procedures for notice and a hearing
   52         with regard to relocation of a resident or termination
   53         of the residency of a resident; requiring that the
   54         Department of Children and Family Services adopt
   55         rules; providing for application; amending s. 429.52,
   56         F.S.; requiring that a newly hired employee or
   57         administrator of an assisted living facility attend a
   58         preservice orientation provided by the assisted living
   59         facility; providing topics that must be covered in the
   60         preservice orientation; requiring that the employee
   61         sign an affidavit upon completion of the preservice
   62         orientation; requiring that the administrator of the
   63         assisted living facility maintain the signed affidavit
   64         in each employee’s work file; deleting provisions
   65         regarding minimum training and core educational
   66         requirements for administrators and other staff;
   67         deleting provisions requiring the Department of
   68         Elderly Affairs to establish training requirements and
   69         a competency test by rule; deleting provisions
   70         governing the registration of persons providing
   71         training; creating s. 429.50, F.S.; prohibiting an
   72         assisted living facility from operating unless it is
   73         under the management of an administrator who holds a
   74         valid license or provisional license; providing
   75         eligibility requirements to be licensed as an assisted
   76         living facility administrator; providing an exception
   77         from the requirement to complete the educational
   78         requirements and pass a competency test; providing
   79         additional requirements for licensure as an
   80         administrator of an assisted living facility that has
   81         a mental health license; providing that an
   82         administrator licensed under part II of ch. 468, F.S.,
   83         is exempt from certain educational and core training
   84         requirements; providing additional licensure
   85         requirements for an administrator licensed under part
   86         II of ch. 468, F.S., who is employed at an assisted
   87         living facility that has a mental health license;
   88         providing that other licensed professionals may be
   89         exempted, as determined by rule by the Agency for
   90         Health Care Administration; requiring that the agency
   91         issue a license to an applicant who successfully
   92         completes the training, passes the competency tests,
   93         and provides proof of the required education;
   94         requiring that the agency establish licensure fees for
   95         licensure as an assisted living facility
   96         administrator; creating s. 429.512, F.S.; authorizing
   97         the agency to establish requirements for issuing a
   98         provisional license; providing the conditions under
   99         which a provisional license is issued; authorizing the
  100         agency to set an application fee; providing conditions
  101         under which an administrator’s license becomes
  102         inactive; requiring that the agency adopt rules
  103         governing application procedures for inactive
  104         licenses, the renewal of inactive licenses, and the
  105         reactivation of licenses; requiring that the agency
  106         establish application fees for inactive license
  107         status, a renewal fee for inactive license status, a
  108         delinquency fee, and a fee for the reactivation of a
  109         license; prohibiting the agency from reactivating a
  110         license unless the licensee pays the required fees;
  111         creating s. 429.521, F.S.; requiring that each
  112         administrator, applicant to become an assisted living
  113         facility administrator, and staff member of an
  114         assisted living facility meet minimum training
  115         requirements established by the Department of Elderly
  116         Affairs; requiring that the department, in conjunction
  117         with the Department of Children and Family Services
  118         and stakeholders, establish a standardized core
  119         training curriculum to be completed by an applicant
  120         for licensure as an assisted living facility
  121         administrator; providing minimum requirements for the
  122         training curriculum; requiring that the department, in
  123         conjunction with the Department of Children and Family
  124         Services and stakeholders, develop a supplemental
  125         course consisting of topics related to extended
  126         congregate care, limited mental health, and business
  127         operations; requiring that the department, in
  128         conjunction with the Department of Children and Family
  129         Services and stakeholders, establish a standardized
  130         core training curriculum for staff members who provide
  131         regular or direct care to residents of an assisted
  132         living facility; providing requirements for the
  133         training curriculum; requiring that the department, in
  134         conjunction with the agency and stakeholders, create
  135         competency tests to test an individual’s comprehension
  136         of the training; providing requirements for the
  137         competency tests; requiring that the department
  138         establish a panel of mental health professionals to
  139         develop a comprehensive, standardized training
  140         curriculum and competency tests to satisfy the
  141         requirements for mental health training; requiring
  142         that the Department of Elderly Affairs, in conjunction
  143         with the Department of Children and Family Services
  144         and stakeholders, establish curricula for continuing
  145         education for administrators and staff members of an
  146         assisted living facility; providing minimum
  147         requirements for the required continuing education;
  148         requiring that the Department of Elderly Affairs
  149         ensure that all continuing education curricula include
  150         a test upon completion of the training which
  151         demonstrates comprehension of the training; requiring
  152         the department to adopt rules; requiring that an
  153         applicant for licensure as an assisted living facility
  154         administrator complete a minimum number of hours of
  155         training and take a competency test; providing a
  156         minimum passing score for the competency test;
  157         providing requirements for an applicant who fails the
  158         competency test; requiring that a licensed
  159         administrator receive inservice training regarding the
  160         facility’s policies and procedures related to resident
  161         elopement response; requiring that a licensed
  162         administrator of an assisted living facility that has
  163         a limited mental health license complete a minimum
  164         number of hours of mental health training and pass a
  165         competency test related to the training; requiring
  166         that a licensed administrator of an assisted living
  167         facility that has an extended congregate care license
  168         complete a minimum number of hours of extended
  169         congregate care training; requiring that a licensed
  170         administrator of an assisted living facility that has
  171         a limited nursing services license complete a minimum
  172         number of hours of training related to the special
  173         needs and care of those persons who require limited
  174         nursing services; requiring that a licensed
  175         administrator participate in continuing education for
  176         a minimum number of contact hours and pass the
  177         corresponding test upon completion of the continuing
  178         education course; requiring that a staff member of an
  179         assisted living facility receive inservice training
  180         regarding the facility’s policies and procedures
  181         related to resident elopement response; requiring that
  182         certain staff members of an assisted living facility
  183         complete a minimum number of hours of core training;
  184         providing for exemptions; requiring that certain staff
  185         members of an assisted living facility take a
  186         competency test that assesses the staff member’s
  187         knowledge and comprehension of the required core
  188         training; providing a minimum passing score for the
  189         competency test; providing requirements for a staff
  190         member who fails the competency test; requiring that a
  191         staff member who provides regular or direct care to
  192         residents of an assisted living facility that has a
  193         limited mental health license complete a minimum
  194         number of hours of mental health training and take a
  195         competency test; providing a minimum passing score;
  196         prohibiting a staff member from providing direct care
  197         to residents until the staff member passes the
  198         competency test; requiring that a staff member of an
  199         assisted living facility who prepares or serves food
  200         receive inservice training in safe food handling
  201         practices; requiring that a staff member of an
  202         assisted living facility who manages medications and
  203         assists with the self-administration of medications
  204         complete training provided by a registered nurse,
  205         licensed pharmacist, or department staff; requiring
  206         that the Department of Elderly Affairs establish
  207         requirements for the training; requiring that other
  208         staff members of an assisted living facility
  209         participate in training relevant to their job duties
  210         as specified by rule of the department; authorizing
  211         the department or the Agency for Health Care
  212         Administration to provide additional training if
  213         necessary; requiring that staff members who provide
  214         regular or direct care to residents of an assisted
  215         living facility participate in continuing education
  216         and pass the corresponding test upon completion of the
  217         continuing education course; prohibiting a staff
  218         member from providing regular or direct care to
  219         residents under certain conditions; creating s.
  220         429.522, F.S.; providing definitions; requiring that
  221         the Department of Elderly Affairs approve and provide
  222         oversight for third-party credentialing entities for
  223         the purpose of developing and administering core
  224         trainer certification programs for persons providing
  225         training to applicants for licensure as an assisted
  226         living facility administrator and as a staff member of
  227         an assisted living facility; requiring that a third
  228         party credentialing entity meet certain requirements
  229         in order to obtain approval for developing and
  230         administering the core trainer certification programs;
  231         requiring that an individual seeking core trainer
  232         certification provide a third-party credentialing
  233         entity with proof of certain requirements; requiring
  234         that the department adopt rules; creating s. 429.55,
  235         F.S.; providing definitions; defining when an
  236         electronic monitoring device that is placed in the
  237         room of a resident of an assisted living facility is
  238         considered to be covert; providing that the Agency for
  239         Health Care Administration and the facility are not
  240         civilly liable in connection with the covert placement
  241         or use of an electronic monitoring device in the room
  242         of the resident; requiring that the agency prescribe
  243         by rule a form that must be completed and signed when
  244         a resident is admitted to a facility; providing
  245         requirements for the form; authorizing certain persons
  246         to request electronic monitoring; providing for the
  247         form prescribed by the agency to require that the
  248         resident release the facility from any civil liability
  249         for a violation of the resident’s privacy rights in
  250         connection with the use of the electronic monitoring
  251         device, choose whether the camera will be
  252         unobstructed, and obtain the consent of the other
  253         residents in the room if the resident resides in a
  254         multiperson room; requiring prior consent under
  255         certain circumstances; requiring that the agency adopt
  256         rules; requiring that the facility allow a resident or
  257         the resident’s guardian or legal representative to
  258         monitor the room of the resident through the use of
  259         electronic monitoring devices; requiring that the
  260         facility require a resident who conducts authorized
  261         electronic monitoring to post a conspicuous notice at
  262         the entrance of the resident’s room; providing that
  263         electronic monitoring of the room of a resident is not
  264         compulsory; prohibiting a facility from refusing to
  265         admit an individual to residency in the facility or
  266         from removing a resident from the facility because of
  267         a request to conduct authorized electronic monitoring;
  268         requiring that a facility make reasonable physical
  269         accommodations for authorized electronic monitoring;
  270         authorizing a facility to require that an electronic
  271         monitoring device be installed in a manner that is
  272         safe; authorizing a facility to require that a
  273         resident conduct electronic monitoring in plain view;
  274         authorizing a facility to place a resident in a
  275         different room in order to accommodate a request to
  276         conduct authorized electronic monitoring; requiring
  277         that a person report abuse or neglect to the central
  278         abuse hotline of the Department of Children and Family
  279         Services based on the person’s viewing of or listening
  280         to a tape or recording; providing requirements for
  281         reporting the abuse or neglect; providing that a tape
  282         or recording created through the use of covert or
  283         authorized electronic monitoring may be admitted into
  284         evidence in a civil or criminal court action or
  285         administrative proceeding; providing requirements for
  286         such admission; requiring that each facility post a
  287         notice at the entrance to the facility stating that
  288         the rooms of some residents are monitored
  289         electronically by or on behalf of the residents;
  290         authorizing the Agency for Health Care Administration
  291         to impose administrative sanctions against an
  292         administrator of an assisted living facility under
  293         certain circumstances; requiring the agency to adopt
  294         rules; providing an effective date.
  295  
  296  Be It Enacted by the Legislature of the State of Florida:
  297  
  298         Section 1. Subsection (2) of section 394.4574, Florida
  299  Statutes, is amended to read:
  300         394.4574 Department responsibilities for a mental health
  301  resident who resides in an assisted living facility that holds a
  302  limited mental health license.—
  303         (2) The department must ensure that:
  304         (a) A mental health resident has been assessed by a
  305  psychiatrist, clinical psychologist, clinical social worker, or
  306  psychiatric nurse, or an individual who is supervised by one of
  307  these professionals, and determined to be appropriate to reside
  308  in an assisted living facility. The documentation must be
  309  provided to the administrator of the facility within 30 days
  310  after the mental health resident has been admitted to the
  311  facility. An evaluation completed upon discharge from a state
  312  mental hospital meets the requirements of this subsection
  313  related to appropriateness for placement as a mental health
  314  resident if it was completed within 90 days prior to admission
  315  to the facility.
  316         (b) A cooperative agreement, as required in s. 429.075, is
  317  developed between the mental health care services provider that
  318  serves a mental health resident and the administrator of the
  319  assisted living facility with a limited mental health license in
  320  which the mental health resident is living. Any entity that
  321  provides Medicaid prepaid health plan services shall ensure the
  322  appropriate coordination of health care services with an
  323  assisted living facility in cases where a Medicaid recipient is
  324  both a member of the entity’s prepaid health plan and a resident
  325  of the assisted living facility. If the entity is at risk for
  326  Medicaid targeted case management and behavioral health
  327  services, the entity shall inform the assisted living facility
  328  of the procedures to follow should an emergent condition arise.
  329         (c) The community living support plan, as defined in s.
  330  429.02, has been prepared by a mental health resident and a
  331  mental health case manager of that resident in consultation with
  332  the administrator of the facility or the administrator’s
  333  designee. The plan must be provided to the administrator of the
  334  assisted living facility with a limited mental health license in
  335  which the mental health resident lives. The support plan and the
  336  agreement may be in one document.
  337         (d) The assisted living facility with a limited mental
  338  health license is provided with documentation that the
  339  individual meets the definition of a mental health resident.
  340         (e) The mental health services provider assigns a case
  341  manager to each mental health resident who lives in an assisted
  342  living facility with a limited mental health license. The case
  343  manager is responsible for coordinating the development of and
  344  implementation of the community living support plan defined in
  345  s. 429.02. The plan must be updated at least annually in order
  346  to ensure that the ongoing needs of the resident are addressed.
  347  Each case manager shall keep a record of the date and time of
  348  any face-to-face interaction with a mental health resident and
  349  make the record available to the department for inspection. The
  350  record must be maintained for 2 years following the date of the
  351  interaction.
  352         (f) There is adequate and consistent monitoring and
  353  enforcement of community living support plans and cooperative
  354  agreements.
  355         Section 2. Subsection (2) of section 400.0078, Florida
  356  Statutes, is amended to read:
  357         400.0078 Citizen access to State Long-Term Care Ombudsman
  358  Program services.—
  359         (2) Every resident or representative of a resident shall
  360  receive, upon admission to a long-term care facility,
  361  information regarding the purpose of the State Long-Term Care
  362  Ombudsman Program, the statewide toll-free telephone number for
  363  receiving complaints, the confidentiality of a complainant’s
  364  name and identity and of the subject matter of a complaint, and
  365  other relevant information regarding how to contact the program.
  366  Residents or their representatives must be furnished additional
  367  copies of this information upon request.
  368         Section 3. Subsection (1) of section 415.103, Florida
  369  Statutes, is amended to read:
  370         415.103 Central abuse hotline.—
  371         (1) The department shall establish and maintain a central
  372  abuse hotline that receives all reports made pursuant to s.
  373  415.1034 or s. 429.55 in writing or through a single statewide
  374  toll-free telephone number. Any person may use the statewide
  375  toll-free telephone number to report known or suspected abuse,
  376  neglect, or exploitation of a vulnerable adult at any hour of
  377  the day or night, any day of the week. The central abuse hotline
  378  must be operated in such a manner as to enable the department
  379  to:
  380         (a) Accept reports for investigation when there is a
  381  reasonable cause to suspect that a vulnerable adult has been or
  382  is being abused, neglected, or exploited.
  383         (b) Determine whether the allegations made by the reporter
  384  require an immediate, 24-hour, or next-working-day response
  385  priority.
  386         (c) When appropriate, refer calls that do not allege the
  387  abuse, neglect, or exploitation of a vulnerable adult to other
  388  organizations that might better resolve the reporter’s concerns.
  389         (d) Immediately identify and locate prior reports of abuse,
  390  neglect, or exploitation through the central abuse hotline.
  391         (e) Track critical steps in the investigative process to
  392  ensure compliance with all requirements for all reports.
  393         (f) Maintain data to facilitate the production of aggregate
  394  statistical reports for monitoring patterns of abuse, neglect,
  395  or exploitation.
  396         (g) Serve as a resource for the evaluation, management, and
  397  planning of preventive and remedial services for vulnerable
  398  adults who have been subject to abuse, neglect, or exploitation.
  399         Section 4. Paragraph (a) of subsection (1) of section
  400  415.1034, Florida Statutes, is amended to read:
  401         415.1034 Mandatory reporting of abuse, neglect, or
  402  exploitation of vulnerable adults; mandatory reports of death.—
  403         (1) MANDATORY REPORTING.—
  404         (a) Any person, including, but not limited to, any:
  405         1. Physician, osteopathic physician, medical examiner,
  406  chiropractic physician, nurse, paramedic, emergency medical
  407  technician, or hospital personnel engaged in the admission,
  408  examination, care, or treatment of vulnerable adults;
  409         2. Health professional or mental health professional other
  410  than one listed in subparagraph 1.;
  411         3. Practitioner who relies solely on spiritual means for
  412  healing;
  413         4. Nursing home staff; assisted living facility staff;
  414  adult day care center staff; adult family-care home staff;
  415  social worker; or other professional adult care, residential, or
  416  institutional staff;
  417         5. State, county, or municipal criminal justice employee or
  418  law enforcement officer;
  419         6. An employee of the Department of Business and
  420  Professional Regulation conducting inspections of public lodging
  421  establishments under s. 509.032;
  422         7. Florida advocacy council member or long-term care
  423  ombudsman council member; or
  424         8. Bank, savings and loan, or credit union officer,
  425  trustee, or employee; or
  426         9. Employee or agent of any state or local agency that has
  427  regulatory responsibilities concerning, or provides services to,
  428  persons in state-licensed facilities,
  429  
  430  who knows, or has reasonable cause to suspect, that a vulnerable
  431  adult has been or is being abused, neglected, or exploited shall
  432  immediately report such knowledge or suspicion to the central
  433  abuse hotline.
  434         Section 5. Present subsections (15) through (26) of section
  435  429.02, Florida Statutes, are renumbered as subsections (16)
  436  through (27), respectively, and a new subsection (15) is added
  437  to that section, to read:
  438         429.02 Definitions.—When used in this part, the term:
  439         (15) “Mental health professional” means an individual
  440  licensed under chapter 458, chapter 459, chapter 464, chapter
  441  490, or chapter 491 who provides mental health services as
  442  defined under s. 394.67, or an individual who has at least 5
  443  years of experience providing services that improve an
  444  individual’s mental health or treat mental illness.
  445         Section 6. Section 429.075, Florida Statutes, is amended to
  446  read:
  447         429.075 Limited mental health license.—An assisted living
  448  facility that serves any three or more mental health resident
  449  residents must obtain a limited mental health license.
  450         (1) To obtain a limited mental health license, a facility
  451  must hold a standard license as an assisted living facility and,
  452  must not have any current uncorrected deficiencies or
  453  violations. The, and must ensure that, within 6 months after
  454  receiving a limited mental health license, the facility
  455  administrator and the staff of the facility who are in direct
  456  contact with mental health residents must complete training of
  457  no less than 6 hours related to their duties. Such designation
  458  may be made at the time of initial licensure or relicensure or
  459  upon request in writing by a licensee under this part and part
  460  II of chapter 408. Notification of approval or denial of such
  461  request shall be made in accordance with this part, part II of
  462  chapter 408, and applicable rules. This training will be
  463  provided by or approved by the Department of Children and Family
  464  Services.
  465         (2) A facility Facilities licensed to provide services to
  466  mental health residents shall provide appropriate supervision
  467  and staffing to provide for the health, safety, and welfare of
  468  such residents. Each administrator and staff member of a
  469  facility licensed to provide services to mental health residents
  470  must meet the limited mental health training requirements set
  471  forth in s. 429.521 in addition to any other training or
  472  education requirements.
  473         (3) A facility that has a limited mental health license
  474  must:
  475         (a) Have a copy of each mental health resident’s community
  476  living support plan and the cooperative agreement with the
  477  mental health care services provider. The support plan and the
  478  agreement may be combined.
  479         (b) Have documentation that is provided by the Department
  480  of Children and Family Services that each mental health resident
  481  has been assessed and determined to be able to live in the
  482  community in an assisted living facility with a limited mental
  483  health license.
  484         (c) Make the community living support plan available for
  485  inspection by the resident, the resident’s legal guardian, the
  486  resident’s health care surrogate, and other individuals who have
  487  a lawful basis for reviewing this document.
  488         (d) Assist the mental health resident in carrying out the
  489  activities identified in the individual’s community living
  490  support plan.
  491         (4) A facility with a limited mental health license may
  492  enter into a cooperative agreement with a private mental health
  493  provider. For purposes of the limited mental health license, the
  494  private mental health provider may act as the case manager.
  495         Section 7. Section 429.176, Florida Statutes, is amended to
  496  read:
  497         429.176 Notice of change of administrator.—If, during the
  498  period for which a license is issued, the owner changes
  499  administrators, the owner must notify the agency of the change
  500  within 10 days and provide documentation within 90 days that the
  501  new administrator is licensed under s. 429.50 and has completed
  502  the applicable core training educational requirements under s.
  503  429.521(2) s. 429.52.
  504         Section 8. Subsection (2) of section 429.178, Florida
  505  Statutes, is amended to read:
  506         429.178 Special care for persons with Alzheimer’s disease
  507  or other related disorders.—
  508         (2)(a) An individual who is employed by a facility that
  509  provides special care for residents with Alzheimer’s disease or
  510  other related disorders, and who has regular contact with such
  511  residents, must complete up to 4 hours of initial dementia
  512  specific training developed or approved by the department. The
  513  training shall be completed within 3 months after beginning
  514  employment and shall satisfy the core training requirements of
  515  s. 429.521(3) s. 429.52(2)(g).
  516         (b) A direct caregiver who is employed by a facility that
  517  provides special care for residents with Alzheimer’s disease or
  518  other related disorders, and who provides direct care to such
  519  residents, must complete the required initial training and 4
  520  additional hours of training developed or approved by the
  521  department. The training shall be completed within 9 months
  522  after beginning employment and shall satisfy the core training
  523  requirements of s. 429.521(3) s. 429.52(2)(g).
  524         (c) An individual who is employed by a facility that
  525  provides special care for residents with Alzheimer’s disease or
  526  other related disorders, but who only has incidental contact
  527  with such residents, must be given, at a minimum, general
  528  information on interacting with individuals with Alzheimer’s
  529  disease or other related disorders, within 3 months after
  530  beginning employment.
  531         Section 9. Subsections (1) and (2) of section 429.28,
  532  Florida Statutes, are amended to read:
  533         429.28 Resident bill of rights.—
  534         (1) A No resident of a facility may not shall be deprived
  535  of any civil or legal rights, benefits, or privileges guaranteed
  536  by law, the Constitution of the State of Florida, or the
  537  Constitution of the United States as a resident of a facility.
  538  Every resident of a facility shall have the right to:
  539         (a) Live in a safe and decent living environment, free from
  540  abuse and neglect.
  541         (b) Be treated with consideration and respect and with due
  542  recognition of personal dignity, individuality, and the need for
  543  privacy.
  544         (c) Retain and use his or her own clothes and other
  545  personal property in his or her immediate living quarters, so as
  546  to maintain individuality and personal dignity, except when the
  547  facility can demonstrate that such would be unsafe, impractical,
  548  or an infringement upon the rights of other residents.
  549         (d) Unrestricted private communication, including receiving
  550  and sending unopened correspondence, access to a telephone, and
  551  visiting with any person of his or her choice, at any time
  552  between the hours of 9 a.m. and 9 p.m. at a minimum. Upon
  553  request, the facility shall make provisions to extend visiting
  554  hours for caregivers and out-of-town guests, and in other
  555  similar situations.
  556         (e) Freedom to participate in and benefit from community
  557  services and activities and to achieve the highest possible
  558  level of independence, autonomy, and interaction within the
  559  community.
  560         (f) Manage his or her financial affairs unless the resident
  561  or, if applicable, the resident’s representative, designee,
  562  surrogate, guardian, or attorney in fact authorizes the
  563  administrator of the facility to provide safekeeping for funds
  564  as provided in s. 429.27.
  565         (g) Share a room with his or her spouse if both are
  566  residents of the facility.
  567         (h) Reasonable opportunity for regular exercise several
  568  times a week and to be outdoors at regular and frequent
  569  intervals except when prevented by inclement weather.
  570         (i) Exercise civil and religious liberties, including the
  571  right to independent personal decisions. No religious beliefs or
  572  practices, nor any attendance at religious services, shall be
  573  imposed upon any resident.
  574         (j) Access to adequate and appropriate health care
  575  consistent with established and recognized standards within the
  576  community.
  577         (k) At least 30 45 days’ notice of relocation or
  578  termination of residency from the facility unless, for medical
  579  reasons, the resident is certified by a physician to require an
  580  emergency relocation to a facility providing a more skilled
  581  level of care or the resident engages in a pattern of conduct
  582  that is harmful or offensive to other residents. In the case of
  583  a resident who has been adjudicated mentally incapacitated, the
  584  guardian shall be given at least 30 45 days’ notice of a
  585  nonemergency relocation or residency termination. Reasons for
  586  relocation shall be set forth in writing. A resident or the
  587  resident’s legal guardian or representative may challenge the
  588  notice of relocation or termination of residency from the
  589  facility pursuant to s. 429.281. In order for a facility to
  590  terminate the residency of an individual without notice as
  591  provided herein, the facility shall show good cause in a court
  592  of competent jurisdiction.
  593         (l) Present grievances and recommend changes in policies,
  594  procedures, and services to the staff of the facility, governing
  595  officials, or any other person without restraint, interference,
  596  coercion, discrimination, or reprisal. Each facility shall
  597  establish a grievance procedure to facilitate the residents’
  598  exercise of this right. This right includes access to ombudsman
  599  volunteers and advocates and the right to be a member of, to be
  600  active in, and to associate with advocacy or special interest
  601  groups.
  602         (m) Place in the resident’s room an electronic monitoring
  603  device that is owned and operated by the resident or provided by
  604  the resident’s guardian or legal representative pursuant to s.
  605  429.55.
  606         (2) The administrator of a facility shall ensure that a
  607  written notice of the rights, obligations, and prohibitions set
  608  forth in this part is posted in a prominent place in each
  609  facility and read or explained to residents who cannot read.
  610  This notice shall include the name, address, and telephone
  611  numbers of the local ombudsman council and central abuse hotline
  612  and, when applicable, the Advocacy Center for Persons with
  613  Disabilities, Inc., and the Florida local advocacy council,
  614  where complaints may be lodged. The notice must state that the
  615  names or identities of the complainants, or residents involved
  616  in a complaint, and the subject matter of a complaint made to
  617  the Office of State Long-Term Care Ombudsman or a local long
  618  term care ombudsman council are confidential pursuant to s.
  619  400.0077. The facility must ensure a resident’s access to a
  620  telephone to call the local ombudsman council, central abuse
  621  hotline, Advocacy Center for Persons with Disabilities, Inc.,
  622  and the Florida local advocacy council.
  623         Section 10. Section 429.281, Florida Statutes, is created
  624  to read:
  625         429.281Resident relocation or termination of residency;
  626  requirements and procedures; hearings.—
  627         (1) As used in this section, the term:
  628         (a) “Relocation” means to move a resident from the facility
  629  to another facility that is responsible for the resident’s care.
  630         (b) “Termination of residency” means to release a resident
  631  from the facility and the releasing facility ceases to be
  632  responsible for the resident’s care.
  633         (2) Each facility licensed under this part must comply with
  634  s. 429.28(1)(k) when a decision is made to relocate or terminate
  635  the residency of a resident.
  636         (3) At least 30 days before a proposed relocation or
  637  termination of residency, the facility must provide advance
  638  notice of the proposed relocation or termination of residency to
  639  the resident and, if known, to a family member or the resident’s
  640  legal guardian or representative. However, in the following
  641  circumstances the facility shall give notice as soon as is
  642  practicable before the relocation or termination of residency:
  643         (a) The relocation or termination of residency is necessary
  644  for the resident’s welfare or because the resident’s needs
  645  cannot be met in the facility, and the circumstances are
  646  documented in the resident’s record; or
  647         (b) The health or safety of other residents or employees of
  648  the facility would be endangered, and the circumstances are
  649  documented in the resident’s record.
  650         (4) The notice required by subsection (3) must be in
  651  writing and contain all information required by rule. The agency
  652  shall develop a standard document to be used by all facilities
  653  licensed under this part for purposes of notifying residents of
  654  a relocation or termination of residency. This document must
  655  include information on how a resident may request the local
  656  long-term care ombudsman council to review the notice and
  657  request information about or assistance with initiating a
  658  hearing with the Office of Appeals Hearings of the Department of
  659  Children and Family Services to challenge the relocation or
  660  termination of residency. In addition to any other pertinent
  661  information, the form must require the facility to specify the
  662  reason that the resident is being relocated or the residency is
  663  being terminated, along with an explanation to support this
  664  action. In addition, the form must require the facility to state
  665  the effective date of the relocation or termination of residency
  666  and the location to which the resident is being relocated, if
  667  known. The form must clearly describe the resident’s challenge
  668  rights and the procedures for filing a challenge. A copy of the
  669  notice must be given to the resident, the resident’s legal
  670  guardian or representative, if applicable, and the local long
  671  term care ombudsman council within 5 business days after
  672  signature by the resident or the resident’s legal guardian or
  673  representative, and a copy must be placed in the resident’s
  674  file.
  675         (5) A resident is entitled to a hearing to challenge a
  676  facility’s proposed relocation or termination of residency. A
  677  resident may request that the local long-term care ombudsman
  678  council review any notice of relocation or termination of
  679  residency given to the resident. If requested, the local long
  680  term care ombudsman council shall assist the resident, or the
  681  resident’s legal guardian or representative, with filing a
  682  challenge to the proposed relocation or termination of
  683  residency. The resident, or the resident’s legal guardian or
  684  representative, may request a hearing at any time within 10 days
  685  after the resident’s receipt of the facility’s notice of the
  686  proposed relocation or termination of residency. If a resident,
  687  or the resident’s legal guardian or representative, requests a
  688  hearing, the request shall stay the proposed relocation or
  689  termination of residency pending a decision from the hearing
  690  officer. The facility may not impede the resident’s right to
  691  remain in the facility, and the resident may remain in the
  692  facility until the outcome of the initial hearing, which must be
  693  completed within 15 days after receipt of a request for a
  694  hearing, unless both the facility and the resident, or the
  695  resident’s legal guardian or representative, agree to extend the
  696  deadline for the decision.
  697         (6) Notwithstanding subsection (5), an emergency relocation
  698  or termination of residency may be implemented as necessary
  699  pursuant to state or federal law during the period after the
  700  notice is given and before the time in which the hearing officer
  701  renders a decision. Notice of an emergency relocation or
  702  termination of residency must be made by telephone or in person
  703  and given to the resident, the resident’s legal guardian or
  704  representative, and the local long-term care ombudsman council,
  705  if requested. This notice must be given before the relocation,
  706  if possible, or as soon thereafter as practical. The resident’s
  707  file must contain documentation to show who was contacted,
  708  whether the contact was by telephone or in person, and the date
  709  and time of the contact. Written notice that meets the
  710  requirements of subsection (4) must be given the next business
  711  day.
  712         (7) The following persons must be present at each hearing
  713  authorized under this section:
  714         (a) The resident or the resident’s legal guardian or
  715  representative.
  716         (b) The facility administrator or the facility’s legal
  717  representative or designee.
  718  
  719  A representative of the local long-term care ombudsman council
  720  may be present at each hearing authorized by this section.
  721         (8)(a) The Office of Appeals Hearings of the Department of
  722  Children and Family Services shall conduct hearings under this
  723  section. The office shall notify the facility of a resident’s
  724  request for a hearing.
  725         (b) The Department of Children and Family Services shall
  726  establish procedures by rule which shall be used for hearings
  727  requested by residents. The burden of proof is by the
  728  preponderance of the evidence. A hearing officer shall render a
  729  decision within 15 days after receipt of the request for a
  730  hearing, unless the facility and the resident, or the resident’s
  731  legal guardian or representative, agree to extend the deadline
  732  for a decision.
  733         (c) If the hearing officer’s decision is favorable to a
  734  resident who has already been relocated or whose residency has
  735  been terminated, the resident must be readmitted to the facility
  736  as soon as a bed is available.
  737         (d) The decision of the hearing officer is final. Any
  738  aggrieved party may appeal the decision to the district court of
  739  appeal in the appellate district where the facility is located.
  740  Review procedures shall be conducted in accordance with the
  741  Florida Rules of Appellate Procedure.
  742         (9) The Department of Children and Family Services may
  743  adopt rules as necessary to administer this section.
  744         (10) This section applies to relocations or terminations of
  745  residency that are initiated by the assisted living facility,
  746  and does not apply to those initiated by the resident or by the
  747  resident’s physician, legal guardian, or representative.
  748         Section 11. Section 429.52, Florida Statutes, is amended to
  749  read:
  750         429.52 Preservice orientation Staff training and
  751  educational programs; core educational requirement.—
  752         (1) Each employee and administrator of an assisted living
  753  facility who is newly hired on or after July 1, 2012, shall
  754  attend a preservice orientation provided by the assisted living
  755  facility which covers topics that enable an employee to relate
  756  and respond to the population of that facility. The orientation
  757  must be at least 2 hours in duration and, at a minimum, cover
  758  the following topics:
  759         (a) Care of persons who have Alzheimer’s disease or other
  760  related disorders;
  761         (b) Deescalation techniques;
  762         (c) Aggression control;
  763         (d) Elopement prevention; and
  764         (e) Behavior management.
  765         (2) Upon completion of the preservice orientation, the
  766  employee shall sign an affidavit, under penalty of perjury,
  767  stating that he or she has completed the preservice orientation.
  768  The administrator of the assisted living facility shall maintain
  769  the signed affidavit in each employee’s work file.
  770         (1) Administrators and other assisted living facility staff
  771  must meet minimum training and education requirements
  772  established by the Department of Elderly Affairs by rule. This
  773  training and education is intended to assist facilities to
  774  appropriately respond to the needs of residents, to maintain
  775  resident care and facility standards, and to meet licensure
  776  requirements.
  777         (2) The department shall establish a competency test and a
  778  minimum required score to indicate successful completion of the
  779  training and educational requirements. The competency test must
  780  be developed by the department in conjunction with the agency
  781  and providers. The required training and education must cover at
  782  least the following topics:
  783         (a) State law and rules relating to assisted living
  784  facilities.
  785         (b) Resident rights and identifying and reporting abuse,
  786  neglect, and exploitation.
  787         (c) Special needs of elderly persons, persons with mental
  788  illness, and persons with developmental disabilities and how to
  789  meet those needs.
  790         (d) Nutrition and food service, including acceptable
  791  sanitation practices for preparing, storing, and serving food.
  792         (e) Medication management, recordkeeping, and proper
  793  techniques for assisting residents with self-administered
  794  medication.
  795         (f) Firesafety requirements, including fire evacuation
  796  drill procedures and other emergency procedures.
  797         (g) Care of persons with Alzheimer’s disease and related
  798  disorders.
  799         (3) Effective January 1, 2004, a new facility administrator
  800  must complete the required training and education, including the
  801  competency test, within a reasonable time after being employed
  802  as an administrator, as determined by the department. Failure to
  803  do so is a violation of this part and subjects the violator to
  804  an administrative fine as prescribed in s. 429.19.
  805  Administrators licensed in accordance with part II of chapter
  806  468 are exempt from this requirement. Other licensed
  807  professionals may be exempted, as determined by the department
  808  by rule.
  809         (4) Administrators are required to participate in
  810  continuing education for a minimum of 12 contact hours every 2
  811  years.
  812         (5) Staff involved with the management of medications and
  813  assisting with the self-administration of medications under s.
  814  429.256 must complete a minimum of 4 additional hours of
  815  training provided by a registered nurse, licensed pharmacist, or
  816  department staff. The department shall establish by rule the
  817  minimum requirements of this additional training.
  818         (6) Other facility staff shall participate in training
  819  relevant to their job duties as specified by rule of the
  820  department.
  821         (7) If the department or the agency determines that there
  822  are problems in a facility that could be reduced through
  823  specific staff training or education beyond that already
  824  required under this section, the department or the agency may
  825  require, and provide, or cause to be provided, the training or
  826  education of any personal care staff in the facility.
  827         (8) The department shall adopt rules related to these
  828  training requirements, the competency test, necessary
  829  procedures, and competency test fees and shall adopt or contract
  830  with another entity to develop a curriculum, which shall be used
  831  as the minimum core training requirements. The department shall
  832  consult with representatives of stakeholder associations and
  833  agencies in the development of the curriculum.
  834         (9) The training required by this section shall be
  835  conducted by persons registered with the department as having
  836  the requisite experience and credentials to conduct the
  837  training. A person seeking to register as a trainer must provide
  838  the department with proof of completion of the minimum core
  839  training education requirements, successful passage of the
  840  competency test established under this section, and proof of
  841  compliance with the continuing education requirement in
  842  subsection (4).
  843         (10) A person seeking to register as a trainer must also:
  844         (a) Provide proof of completion of a 4-year degree from an
  845  accredited college or university and must have worked in a
  846  management position in an assisted living facility for 3 years
  847  after being core certified;
  848         (b) Have worked in a management position in an assisted
  849  living facility for 5 years after being core certified and have
  850  1 year of teaching experience as an educator or staff trainer
  851  for persons who work in assisted living facilities or other
  852  long-term care settings;
  853         (c) Have been previously employed as a core trainer for the
  854  department; or
  855         (d) Meet other qualification criteria as defined in rule,
  856  which the department is authorized to adopt.
  857         (11) The department shall adopt rules to establish trainer
  858  registration requirements.
  859         Section 12. Section 429.50, Florida Statutes, is created to
  860  read:
  861         429.50Licensure of assisted living facility
  862  administrators.—
  863         (1) An assisted living facility may not operate in this
  864  state unless the facility is under the management of an assisted
  865  living facility administrator who holds a valid license or
  866  provisional license.
  867         (2) In order to be eligible to be licensed as an assisted
  868  living facility administrator, an applicant must:
  869         (a) Be at least 21 years old;
  870         (b) Meet the educational requirements under subsection (5);
  871         (c) Complete the training requirements in s. 429.521(2);
  872         (d) Pass all required competency tests required in s.
  873  429.521(2) with a minimum score of 80;
  874         (e) Complete background screening pursuant to s. 429.174;
  875  and
  876         (f) Otherwise meet the requirements of this part.
  877         (3)(a) An assisted living facility administrator who has
  878  been employed continuously for at least the 2 years immediately
  879  before July 1, 2012, is eligible for licensure without meeting
  880  the educational requirements of this section and without
  881  completing the required core training and passing the competency
  882  test if proof of compliance with the continuing education
  883  requirements in this part is submitted to the agency and the
  884  applicant has not been an administrator of a facility that was
  885  cited for a class I or class II violation within the previous 2
  886  years.
  887         (b) Notwithstanding paragraph (a), an assisted living
  888  facility administrator who has been employed continuously for at
  889  least the 2 years immediately before July 1, 2012, must complete
  890  the mental health training and pass the competency test required
  891  in s. 429.521(2)(c) if the administrator is employed at a
  892  facility that has a mental health license, and the administrator
  893  must complete the supplemental training required in s.
  894  429.521(2)(b) before licensure.
  895         (4)(a) An administrator who is licensed in accordance with
  896  part II of chapter 468 is exempt from the educational
  897  requirements of this section and the core training requirements
  898  in s. 429.521(2). Any other licensed professional may be
  899  exempted as determined by the agency by rule.
  900         (b) Notwithstanding paragraph (a), an administrator who is
  901  licensed in accordance with part II of chapter 468, and any
  902  other licensed professional who is exempted by rule, and who is
  903  employed at a facility that has a mental health license must
  904  complete the mental health training and pass the competency test
  905  required in s.429.521(2)(c) and must complete the supplemental
  906  training required in s. 429.521(2)(b) before licensure.
  907         (5) Before licensure, the applicant must submit to the
  908  agency proof that he or she is at least 21 years old and has a
  909  4-year baccalaureate degree that includes some coursework in
  910  health care, gerontology, or geriatrics. An applicant who
  911  submits proof to the agency that he or she has a 4-year
  912  baccalaureate degree or a 2-year associate degree that includes
  913  coursework in health care, gerontology, or geriatrics, and has
  914  provided at least 2 years of direct care in an assisted living
  915  facility or nursing home is also eligible for licensure.
  916         (6) The agency shall issue a license as an assisted living
  917  facility administrator to any applicant who successfully
  918  completes the required training and passes the competency tests
  919  in accordance with s. 429.521, provides the requisite proof of
  920  required education, and otherwise meets the requirements of this
  921  part.
  922         (7) The agency shall establish licensure fees for licensure
  923  as an assisted living facility administrator, which shall be
  924  renewed biennially and may not exceed $250 for the initial
  925  licensure or $250 for each licensure renewal.
  926         Section 13. Section 429.512, Florida Statutes, is created
  927  to read:
  928         429.512Provisional licenses; inactive status.—
  929         (1) The agency may establish by rule requirements for
  930  issuance of a provisional license. A provisional license may be
  931  issued only for the purpose of filling a position of an assisted
  932  living facility administrator which unexpectedly becomes vacant
  933  and may be issued for one single period as provided by rule,
  934  which may not exceed 6 months. The provisional license may be
  935  issued to a person who does not meet all of the licensure
  936  requirements established in s. 429.50, but the agency shall by
  937  rule establish minimal requirements to ensure protection of the
  938  public health, safety, and welfare. The provisional license may
  939  be issued to the person who is designated as the responsible
  940  person next in command if the position of an assisted living
  941  facility administrator becomes vacant. The agency may set an
  942  application fee for a provisional license which may not exceed
  943  $500.
  944         (2) An administrator’s license becomes inactive if the
  945  administrator does not complete the continuing education courses
  946  and pass the corresponding tests within the requisite time or if
  947  the administrator does not timely pay the licensure renewal fee.
  948  An administrator may also apply for inactive license status. The
  949  agency shall adopt rules governing the application procedures
  950  for obtaining an inactive license status, the renewal of an
  951  inactive license, and the reactivation of a license. The agency
  952  shall prescribe by rule an application fee for inactive license
  953  status, a renewal fee for inactive license status, a delinquency
  954  fee, and a fee for reactivating a license. These fees may not
  955  exceed the amount established by the agency for the biennial
  956  renewal fee for an active license.
  957         (3) The agency may not reactivate a license unless the
  958  inactive or delinquent licensee has paid any applicable biennial
  959  renewal or delinquency fees and the reactivation fee.
  960         Section 14. Section 429.521, Florida Statutes, is created
  961  to read:
  962         429.521Training requirements.—
  963         (1) GENERAL REQUIREMENTS.—
  964         (a) Each administrator, applicant to become assisted living
  965  facility administrator, or staff member of an assisted living
  966  facility must meet minimum training requirements established by
  967  rule by the Department of Elderly Affairs. This training is
  968  intended to assist facilities in appropriately responding to the
  969  needs of residents, maintaining resident care and facility
  970  standards, and meeting licensure requirements.
  971         (b) The department, in conjunction with the Department of
  972  Children and Family Services and stakeholders, shall establish a
  973  standardized core training curriculum that must be completed by
  974  an applicant for licensure as an assisted living facility
  975  administrator. The curriculum must be offered in English and
  976  Spanish, reviewed annually, and updated as needed to reflect
  977  changes in the law, rules, and best practices. The required
  978  training must cover, at a minimum, the following topics:
  979         1. State law and rules relating to assisted living
  980  facilities.
  981         2. Resident’s rights and procedures for identifying and
  982  reporting abuse, neglect, and exploitation.
  983         3. Special needs of elderly persons, persons who have
  984  mental illness, and persons who have developmental disabilities
  985  and how to meet those needs.
  986         4. Nutrition and food service, including acceptable
  987  sanitation practices for preparing, storing, and serving food.
  988         5. Medication management, recordkeeping, and proper
  989  techniques for assisting residents who self-administer
  990  medication.
  991         6. Firesafety requirements, including procedures for fire
  992  evacuation drills and other emergency procedures.
  993         7. Care of persons who have Alzheimer’s disease and related
  994  disorders.
  995         8. Elopement prevention.
  996         9. Aggression and behavior management, deescalation
  997  techniques, and proper protocols and procedures of the Baker Act
  998  as provided in part I of chapter 394.
  999         10. Do not resuscitate orders.
 1000         11. Infection control.
 1001         12. Admission, continuing residency, and best practices in
 1002  the industry.
 1003         13. Phases of care and interacting with residents.
 1004  
 1005  The department, in conjunction with the Department of Children
 1006  and Family Services and stakeholders, shall also develop a
 1007  supplemental course consisting of topics related to extended
 1008  congregate care, limited mental health, and business operations,
 1009  including, but not limited to, human resources, financial
 1010  management, and supervision of staff, which must completed by an
 1011  applicant for licensure as an assisted living facility
 1012  administrator.
 1013         (c) The department, in conjunction with the Department of
 1014  Children and Family Services and stakeholders, shall establish a
 1015  standardized core training curriculum for staff members of an
 1016  assisted living facility who provide regular or direct care to
 1017  residents. This training curriculum must be offered in English
 1018  and Spanish, reviewed annually, and updated as needed to reflect
 1019  changes in the law, rules, and best practices. The training
 1020  curriculum must cover, at a minimum, the following topics:
 1021         1. The reporting of major incidents.
 1022         2. The reporting of adverse incidents.
 1023         3. Emergency procedures, including chain-of-command and
 1024  staff roles relating to emergency evacuation.
 1025         4. Residents’ rights in an assisted living facility.
 1026         5. The recognition and reporting of resident abuse,
 1027  neglect, and exploitation.
 1028         6. Resident behavior and needs.
 1029         7. Assistance with the activities of daily living.
 1030         8. Infection control.
 1031         9. Aggression and behavior management and deescalation
 1032  techniques.
 1033         (d) The department, in conjunction with the agency and
 1034  stakeholders, shall create two competency tests, one for
 1035  applicants for licensure as an assisted living facility
 1036  administrator and one for staff members of an assisted living
 1037  facility who provide regular or direct care to residents, which
 1038  test the individual’s comprehension of the training required in
 1039  paragraphs (b) and (c). The competency tests must be reviewed
 1040  annually and updated as needed to reflect changes in the law,
 1041  rules, and best practices. The competency tests must be offered
 1042  in English and Spanish and may be made available through testing
 1043  centers.
 1044         (e) The department shall establish a five-member panel of
 1045  mental health professionals to develop a comprehensive,
 1046  standardized training curriculum and competency tests to satisfy
 1047  the requirements for mental health training in subsections (2)
 1048  and (3). The curriculum and tests must be reviewed annually and
 1049  updated as needed to reflect changes in the law, rules, and best
 1050  practices. The competency tests must be offered in English and
 1051  Spanish and may be made available online or through testing
 1052  centers.
 1053         (f) The department, in conjunction with the Department of
 1054  Children and Family Services and stakeholders, shall establish
 1055  curricula for continuing education for administrators and staff
 1056  members of an assisted living facility. Continuing education
 1057  shall include topics similar to that of the core training
 1058  required for staff members and applicants for licensure as
 1059  assisted living facility administrators. Required continuing
 1060  education must, at a minimum, cover the following topics:
 1061         1. Elopement prevention;
 1062         2. Deescalation techniques; and
 1063         3. Phases of care and interacting with residents.
 1064         (g) The department shall ensure that all continuing
 1065  education curricula include a test upon completion of the
 1066  training which demonstrates comprehension of the training. The
 1067  training and the test must be offered in English and Spanish,
 1068  reviewed annually, and updated as needed to reflect changes in
 1069  the law, rules, and best practices. Continuing education and the
 1070  required test may be offered through online courses and any fees
 1071  associated to the online service shall be borne by the
 1072  participant.
 1073         (h) The department shall adopt rules related to training
 1074  requirements, competency tests, necessary procedures, and
 1075  training and testing fees.
 1076         (2) ADMINISTRATORS AND APPLICANTS FOR LICENSURE AS AN
 1077  ASSISTED LIVING FACILITY ADMINISTRATOR.—
 1078         (a) An applicant for licensure as an assisted living
 1079  facility administrator shall complete a minimum of 40 hours of
 1080  core training that covers the required topics provided for in
 1081  paragraph (1)(b).
 1082         (b) In addition to the required 40 hours of core training,
 1083  each applicant must complete a minimum of 10 hours of
 1084  supplemental training related to extended congregate care,
 1085  limited mental health, and business operations, including, but
 1086  not limited to, human resources, financial management, and
 1087  supervision of staff.
 1088         (c) An applicant shall take a competency test that assesses
 1089  the applicant’s knowledge and comprehension of the required
 1090  training provided for in paragraphs (a) and (b). A minimum score
 1091  of 80 is required to show successful completion of the training
 1092  requirements of this subsection. The applicant taking the test
 1093  is responsible for any testing fees.
 1094         (d) If an applicant for licensure as an assisted living
 1095  facility administrator fails any competency test, the individual
 1096  must wait at least 10 days before retaking the test. If the
 1097  applicant fails a competency test three times, the individual
 1098  must retake the applicable training before retaking the test.
 1099         (e) A licensed administrator shall receive at least 1 hour
 1100  of inservice training regarding the facility’s policies and
 1101  procedures related to resident elopement response within 30 days
 1102  after employment at a facility. Each administrator must be
 1103  provided a copy of the facility’s policies and procedures
 1104  related to resident elopement response and shall demonstrate an
 1105  understanding and competency in the implementation of these
 1106  policies and procedures.
 1107         (f) Each licensed administrator of an assisted living
 1108  facility that has a limited mental health license must complete
 1109  a minimum of 8 hours of mental health training and pass a
 1110  competency test related to the training within 30 days after
 1111  employment at the facility. A minimum score of 80 is required to
 1112  show successful passage of the mental health competency test. An
 1113  administrator who does not pass the test within 6 months after
 1114  completing the mental health training is ineligible to be an
 1115  administrator of an assisted living facility that has a limited
 1116  mental health license until the administrator achieves a passing
 1117  score. The competency test may be made available online or
 1118  through testing centers and must be offered in English and
 1119  Spanish.
 1120         (g) A licensed administrator of an assisted living facility
 1121  that has an extended congregate care license must complete a
 1122  minimum of 6 hours of extended congregate care training within
 1123  30 days after employment.
 1124         (h) A licensed administrator of an assisted living facility
 1125  that has a limited nursing services license must complete a
 1126  minimum of 4 hours of training related to the special needs and
 1127  care of those persons who require limited nursing services
 1128  within 30 days after employment.
 1129         (i) A licensed administrator must participate in continuing
 1130  education for a minimum of 18 contact hours every 2 years and
 1131  pass the corresponding test upon completion of the continuing
 1132  education course with a minimum score of 80. Completion of all
 1133  continuing education and a passing score on any corresponding
 1134  tests must be achieved before license renewal. Continuing
 1135  education may be offered through online courses, and any fees
 1136  associated to the online service shall be borne by the
 1137  participant.
 1138         (3) STAFF TRAINING.—
 1139         (a) Each staff member of an assisted living facility shall
 1140  receive at least 1 hour of inservice training regarding the
 1141  facility’s policies and procedures related to resident elopement
 1142  response within 30 days after employment. Each staff member must
 1143  be provided a copy of the facility’s policies and procedures
 1144  related to resident elopement response and shall demonstrate an
 1145  understanding and competency in the implementation of these
 1146  policies and procedures.
 1147         (b) Each staff member of an assisted living facility who is
 1148  hired on or after July 1, 2012, and who provides regular or
 1149  direct care to residents, shall complete a minimum of 20 hours
 1150  of core training within 90 days after employment at a facility.
 1151  The department may exempt nurses, certified nursing assistants,
 1152  or home health aides who can demonstrate completion of training
 1153  that is substantially similar to that of the core training
 1154  required in this paragraph.
 1155         (c) Each staff member of an assisted living facility who is
 1156  hired on or after July 1, 2012, and who provides regular or
 1157  direct care to residents, must take a competency test within 90
 1158  days after employment at a facility which assesses the
 1159  individual’s knowledge and comprehension of the required
 1160  training provided for in paragraph (b). A minimum score of 70 on
 1161  the competency test is required to show successful completion of
 1162  the training requirements. If a staff member fails the
 1163  competency test, the individual must wait at least 10 days
 1164  before retaking the test. If a staff member fails the competency
 1165  test three times, the individual must retake the initial core
 1166  training before retaking the test. If a staff member does not
 1167  pass the competency test within 1 year after employment, the
 1168  individual may not provide regular or direct care to residents
 1169  until the individual successfully passes the test. The
 1170  individual taking the test is responsible for any testing fees.
 1171         (d) A staff member of an assisted living facility that has
 1172  a limited mental health license who provides regular or direct
 1173  care to residents must complete a minimum of 8 hours of mental
 1174  health training within 30 days after employment. Within 30 days
 1175  after this training, the staff member must pass a competency
 1176  test related to the mental health training with a minimum score
 1177  of 70. If a staff member does not pass the competency test, the
 1178  individual may not provide regular or direct care to residents
 1179  until the individual successfully passes the test. The
 1180  competency test may be made available online or through testing
 1181  centers and must be offered in English and Spanish.
 1182         (e) A staff member of an assisted living facility who
 1183  prepares or serves food must receive a minimum of 1 hour of
 1184  inservice training in safe food handling practices within 30
 1185  days after employment.
 1186         (f) A staff member of an assisted living facility who
 1187  manages medications and assists with the self-administration of
 1188  medications under s. 429.256 must complete, within 30 days after
 1189  employment, a minimum of 4 additional hours of training provided
 1190  by a registered nurse, licensed pharmacist, or department staff.
 1191  The department shall establish by rule the minimum requirements
 1192  for this training, including continuing education requirements.
 1193         (g) Other staff members of an assisted living facility
 1194  shall participate in training relevant to their job duties as
 1195  specified by rule of the department.
 1196         (h) If the department or the agency determines that there
 1197  are problems in a facility which could be reduced through
 1198  specific staff training beyond that already required under this
 1199  subsection, the department or the agency may require and
 1200  provide, or cause to be provided, additional training of any
 1201  staff member in the facility.
 1202         (i) Each staff member of an assisted living facility who
 1203  provides regular or direct care to residents must participate in
 1204  continuing education for a minimum of 10 contact hours every 2
 1205  years and pass the corresponding test upon completion of the
 1206  continuing education course with a minimum score of 70. If an
 1207  individual does not complete all required continuing education
 1208  and pass any corresponding tests within the requisite time
 1209  period, the individual may not provide regular or direct care to
 1210  residents until the individual does so. Continuing education may
 1211  be offered through online courses and any fees associated to the
 1212  online service shall be borne by the participant.
 1213         Section 15. Section 429.522, Florida Statutes, is created
 1214  to read:
 1215         429.522Core training providers; certification.—
 1216         (1) DEFINITIONS.—As used in this section, the term:
 1217         (a) “Core trainer certification” means a professional
 1218  credential awarded to individuals demonstrating core competency
 1219  in the assisted living facility practice area by a department
 1220  approved third-party credentialing entity.
 1221         (b) “Core competency” means the minimum knowledge, skills,
 1222  and abilities necessary to perform work responsibilities.
 1223         (c) “Core curriculum” means the minimum statewide training
 1224  content that is based upon the core competencies and is made
 1225  available to persons providing services at an assisted living
 1226  facility.
 1227         (d) “Third-party credentialing entity” means a department
 1228  approved nonprofit organization that has met nationally
 1229  recognized standards for developing and administering
 1230  professional certification programs.
 1231         (2) THIRD-PARTY CREDENTIALING ENTITIES.—The department
 1232  shall approve and provide oversight for one or more third-party
 1233  credentialing entities for the purpose of developing and
 1234  administering core trainer certification programs for persons
 1235  providing training to applicants for licensure as an assisted
 1236  living facility administrator and to staff members of an
 1237  assisted living facility. A third-party credentialing entity
 1238  shall request this approval in writing from the department. In
 1239  order to obtain approval, the third-party credentialing entity
 1240  shall:
 1241         (a) Establish professional requirements and standards that
 1242  applicants must achieve in order to obtain core trainer
 1243  certification and to maintain such certification. At a minimum,
 1244  an applicant shall meet one of the following requirements:
 1245         1. Provide proof of completion of a 4-year baccalaureate
 1246  degree from an accredited college or university and have worked
 1247  in a management position in an assisted living facility for at
 1248  least 3 years after obtaining core trainer certification;
 1249         2. Have worked in a management position in an assisted
 1250  living facility for at least 5 years after obtaining core
 1251  trainer certification and have at least 1 year of teaching
 1252  experience as an educator or staff trainer for persons who work
 1253  in assisted living facilities or other long-term care settings;
 1254         3. Have been previously certified as a core trainer for the
 1255  department;
 1256         4. Have a minimum of 5 years of employment with the agency,
 1257  or the former Department of Health and Rehabilitative Services,
 1258  as a surveyor of assisted living facilities;
 1259         5. Have a minimum of 5 years of employment in a
 1260  professional position in the agency’s assisted living unit;
 1261         6. Have a minimum of 5 years of employment as an educator
 1262  or staff trainer for persons working in an assisted living
 1263  facility or other long-term care setting;
 1264         7. Have a minimum of 5 years of employment as a core
 1265  trainer for an assisted living facility, which employment was
 1266  not directly associated with the department; or
 1267         8. Have a minimum of a 4-year baccalaureate degree from an
 1268  accredited college or university in the areas of health care,
 1269  gerontology, social work, education, or human services, and a
 1270  minimum of 4 years of experience as an educator or staff trainer
 1271  for persons who work in an assisted living facility or other
 1272  long-term care setting after receiving core trainer
 1273  certification.
 1274         (b) Apply core competencies according to the department’s
 1275  standards as provided in s. 429.521.
 1276         (c) Maintain a professional code of ethics and establish a
 1277  disciplinary process and a decertification process that applies
 1278  to all persons holding core trainer certification.
 1279         (d) Maintain a database, accessible to the public, of all
 1280  persons who have core trainer certification, including any
 1281  history of violations.
 1282         (e) Require annual continuing education for persons who
 1283  have core trainer certification.
 1284         (f) Administer a continuing education provider program to
 1285  ensure that only qualified providers offer continuing education
 1286  opportunities for certificateholders.
 1287         (3) CORE TRAINER CERTIFICATION.—At a minimum, an individual
 1288  seeking core trainer certification must provide the third-party
 1289  credentialing entity with proof of:
 1290         (a) Completion of the minimum core training requirements in
 1291  s. 429.521(2) and successful passage of the corresponding
 1292  competency tests with a minimum score of 80;
 1293         (b) Compliance with the continuing education requirements
 1294  in s. 429.521(2); and
 1295         (c) Compliance with the professional requirements and
 1296  standards required in paragraph (2)(a).
 1297         (4) ADOPTION OF RULES.—The department shall adopt rules
 1298  necessary to administer this section.
 1299         Section 16. Section 429.55, Florida Statutes, is created to
 1300  read:
 1301         429.55Electronic monitoring of resident’s room.—
 1302         (1) DEFINITIONS.—As used in this section, the term:
 1303         (a) “Authorized electronic monitoring” means the placement
 1304  of an electronic monitoring device in the room of a resident of
 1305  an assisted living facility and the making of tapes or
 1306  recordings through use of the device after making a request to
 1307  the facility and obtaining all necessary consent to allow
 1308  electronic monitoring.
 1309         (b) “Electronic monitoring device” means video surveillance
 1310  cameras or audio devices installed in the room of a resident
 1311  which are designed to acquire communications or other sounds
 1312  occurring in the room. The term does not include an electronic,
 1313  mechanical, or other device that is specifically used for the
 1314  nonconsensual interception of wire or electronic communications.
 1315         (2) COVERT USE OF ELECTRONIC MONITORING DEVICE.—For
 1316  purposes of this section, the placement and use of an electronic
 1317  monitoring device in the room of a resident is considered to be
 1318  covert if:
 1319         (a) The placement and use of the device is not open and
 1320  obvious; and
 1321         (b) The facility and the agency are not informed about the
 1322  device by the resident, by a person who placed the device in the
 1323  room, or by a person who is using the device.
 1324  
 1325  The agency and the facility are not civilly liable in connection
 1326  with the covert placement or use of an electronic monitoring
 1327  device in the room of the resident.
 1328         (3) REQUIRED FORM ON ADMISSION.—The agency shall prescribe
 1329  by rule a form that must be completed and signed upon a
 1330  resident’s admission to a facility by or on behalf of the
 1331  resident. The form must state:
 1332         (a) That a person who places an electronic monitoring
 1333  device in the room of a resident or who uses or discloses a tape
 1334  or other recording made by the device may be civilly liable for
 1335  any unlawful violation of the privacy rights of another;
 1336         (b) That a person who covertly places an electronic
 1337  monitoring device in the room of a resident or who consents to
 1338  or acquiesces in the covert placement of the device in the room
 1339  of a resident has waived any privacy right the person may have
 1340  had in connection with images or sounds that may be acquired by
 1341  the device;
 1342         (c) That a resident or the resident’s guardian or legal
 1343  representative is entitled to conduct authorized electronic
 1344  monitoring under this section and that, if the facility refuses
 1345  to permit the electronic monitoring or fails to make reasonable
 1346  physical accommodations for the authorized electronic
 1347  monitoring, the person should contact the agency. The form must
 1348  also provide the agency’s contact information;
 1349         (d) The basic procedures that must be followed in order to
 1350  request authorized electronic monitoring;
 1351         (e) That the electronic monitoring device and all
 1352  installation and maintenance costs must be paid for by the
 1353  resident or the resident’s guardian or legal representative;
 1354         (f) The legal requirement to report abuse or neglect when
 1355  electronic monitoring is being conducted; and
 1356         (g) Any other information regarding covert or authorized
 1357  electronic monitoring which the agency considers advisable to
 1358  include on the form.
 1359         (4) AUTHORIZATION AND CONSENT.—
 1360         (a) If a resident has the capacity to request electronic
 1361  monitoring and has not been judicially declared to lack the
 1362  required capacity, only the resident may request authorized
 1363  electronic monitoring under this section, notwithstanding the
 1364  terms of any durable power of attorney or similar instrument.
 1365         (b) If a resident has been judicially declared to lack the
 1366  capacity required for taking an action, such as requesting
 1367  electronic monitoring, only the guardian of the resident may
 1368  request electronic monitoring under this section.
 1369         (c) If a resident does not have capacity to request
 1370  electronic monitoring but has not been judicially declared to
 1371  lack the required capacity, only the legal representative of the
 1372  resident may request electronic monitoring under this section.
 1373         (d) A resident or the guardian or legal representative of a
 1374  resident who wishes to conduct authorized electronic monitoring
 1375  must make the request to the facility on a form prescribed by
 1376  the agency.
 1377         (e) The form prescribed by the agency must require the
 1378  resident or the resident’s guardian or legal representative to:
 1379         1. Release the facility from any civil liability for a
 1380  violation of the resident’s privacy rights in connection with
 1381  the use of the electronic monitoring device;
 1382         2. If the electronic monitoring device is a video
 1383  surveillance camera, choose whether the camera will always be
 1384  unobstructed or whether the camera should be obstructed in
 1385  specified circumstances in order to protect the dignity of the
 1386  resident; and
 1387         3. Obtain the consent of the other residents in the room,
 1388  using a form prescribed for this purpose by the agency, if the
 1389  resident resides in a multiperson room.
 1390         (f) Consent under subparagraph (e)3. may be given only by:
 1391         1. The other resident or residents in the room;
 1392         2. The guardian of the other resident in the room, if the
 1393  person has been judicially declared to lack the required
 1394  capacity to consent; or
 1395         3. The legal representative of the other resident in the
 1396  room, if the person does not have capacity to sign the form but
 1397  has not been judicially declared to lack the required capacity
 1398  to consent.
 1399         (g) The form prescribed by the agency under subparagraph
 1400  (e)3. must condition the consent of another resident in the room
 1401  on the other resident also releasing the facility from any civil
 1402  liability for a violation of the person’s privacy rights in
 1403  connection with the use of the electronic monitoring device.
 1404         (h) Another resident in the room may:
 1405         1. If the proposed electronic monitoring device is a video
 1406  surveillance camera, condition consent on the camera being
 1407  pointed away from the consenting resident; and
 1408         2. Condition consent on the use of an audio electronic
 1409  monitoring device being limited or prohibited.
 1410         (i) If authorized electronic monitoring is being conducted
 1411  in the room of a resident and another resident is moved into the
 1412  room who has not yet consented to the electronic monitoring,
 1413  authorized electronic monitoring must cease until the new
 1414  resident has consented in accordance with this subsection.
 1415         (j) Authorized electronic monitoring may not commence until
 1416  all request and consent forms required by this subsection have
 1417  been completed and returned to the facility, and the monitoring
 1418  must be conducted in accordance with any limitation placed on
 1419  the monitoring as a condition of the consent given by or on
 1420  behalf of another resident in the room.
 1421         (k) The agency may include other information that the
 1422  agency considers to be appropriate on any of the forms that the
 1423  agency is required to prescribe under this subsection.
 1424         (l) The agency shall adopt rules to administer this
 1425  subsection.
 1426         (5) AUTHORIZED ELECTRONIC MONITORING; GENERAL PROVISIONS.—
 1427         (a) A facility shall allow a resident or the resident’s
 1428  guardian or legal representative to monitor the room of the
 1429  resident through the use of electronic monitoring devices.
 1430         (b) The facility shall require a resident who conducts
 1431  authorized electronic monitoring or the resident’s guardian or
 1432  legal representative to post and maintain a conspicuous notice
 1433  at the entrance of the resident’s room which states that the
 1434  room is being monitored by an electronic monitoring device.
 1435         (c) Authorized electronic monitoring conducted under this
 1436  section is not compulsory and may be conducted only at the
 1437  request of the resident or the resident’s guardian or legal
 1438  representative.
 1439         (d) A facility may not refuse to admit an individual to
 1440  residency in the facility and may not remove a resident from the
 1441  facility because of a request to conduct authorized electronic
 1442  monitoring.
 1443         (e) A facility shall make reasonable physical
 1444  accommodations for authorized electronic monitoring, including
 1445  providing:
 1446         1. A reasonably secure place to mount the video
 1447  surveillance camera or other electronic monitoring device; and
 1448         2. Access to power sources for the video surveillance
 1449  camera or other electronic monitoring device.
 1450         (f) A facility may require an electronic monitoring device
 1451  to be installed in a manner that is safe for residents,
 1452  employees, or visitors who may be moving about a room.
 1453         (g) If authorized electronic monitoring is conducted, the
 1454  facility may require the resident or the resident’s guardian or
 1455  legal representative to conduct the electronic monitoring in
 1456  plain view.
 1457         (h) A facility may place a resident in a different room in
 1458  order to accommodate a request to conduct authorized electronic
 1459  monitoring.
 1460         (6) REPORTING ABUSE AND NEGLECT.—A person shall report
 1461  abuse to the central abuse hotline of the Department of Children
 1462  and Family Services pursuant to s. 415.103 based on the person’s
 1463  viewing of or listening to a tape or recording by an electronic
 1464  monitoring device if the incident of abuse is acquired on the
 1465  tape or recording. A person shall report neglect to the central
 1466  abuse hotline pursuant to s. 415.103 based on the person’s
 1467  viewing of or listening to a tape or recording by an electronic
 1468  monitoring device if it is clear from viewing or listening to
 1469  the tape or recording that neglect has occurred. If a person
 1470  reports abuse or neglect to the central abuse hotline pursuant
 1471  to this subsection, the person shall also send to the agency a
 1472  copy of the tape or recording which indicates the reported abuse
 1473  or neglect.
 1474         (7) USE OF TAPE OR RECORDING.—
 1475         (a) Subject to applicable rules of evidence and procedure
 1476  and the requirements of this subsection, a tape or recording
 1477  created through the use of covert or authorized electronic
 1478  monitoring may be admitted into evidence in a civil or criminal
 1479  court action or administrative proceeding.
 1480         (b) A court or administrative agency may not admit into
 1481  evidence a tape or recording created through the use of covert
 1482  or authorized electronic monitoring or take or authorize action
 1483  based on the tape or recording unless:
 1484         1. The tape or recording shows the time and date that the
 1485  events acquired on the tape or recording occurred;
 1486         2. The contents of the tape or recording have not been
 1487  edited or artificially enhanced; and
 1488         3. If the contents of the tape or recording have been
 1489  transferred from the original format to another technological
 1490  format, the transfer was done by a qualified professional and
 1491  the contents of the tape or recording were not altered.
 1492         (c) A person who sends more than one tape or recording to
 1493  the agency shall identify for the agency each tape or recording
 1494  on which the person believes that an incident of abuse or
 1495  evidence of neglect may be found.
 1496         (8) REQUIRED NOTICE.—Each facility shall post a notice at
 1497  the entrance to the facility stating that the rooms of some
 1498  residents are monitored electronically by or on behalf of the
 1499  residents and that the monitoring is not necessarily open and
 1500  obvious.
 1501         (9) ENFORCEMENT.—The agency may impose appropriate
 1502  administrative sanctions under this part against an
 1503  administrator of a facility who knowingly:
 1504         (a) Refuses to permit a resident or the resident’s guardian
 1505  or legal representative to conduct authorized electronic
 1506  monitoring;
 1507         (b) Refuses to admit an individual to residency or allows
 1508  the removal of a resident from the facility because of a request
 1509  to conduct authorized electronic monitoring; or
 1510         (c) Violates another provision of this section.
 1511         (10) RULES.—The agency shall adopt rules as necessary to
 1512  administer this section.
 1513         Section 17. This act shall take effect July 1, 2012.