Senate Bill 2094
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Florida Senate - 1999 SB 2094
By Senator Forman
32-130B-99
1 A bill to be entitled
2 An act relating to certified nursing
3 assistants; creating part XV of chapter 468,
4 F.S.; providing definitions; requiring that the
5 Department of Health maintain a state registry
6 of certified nursing assistants; authorizing
7 the department to contract for examination
8 services; providing requirements for obtaining
9 certification as a certified nursing assistant;
10 requiring that the department adopt rules
11 governing initial certification; specifying
12 grounds for which the department may deny,
13 suspend, or revoke a person's certification;
14 authorizing the department to exempt an
15 applicant or certificateholder from
16 disqualification of certification; providing
17 requirements for records and meetings held for
18 disciplinary actions; exempting an employer
19 from liability for terminating a certified
20 nursing assistant under certain circumstances;
21 providing penalties; providing for background
22 screening; providing rulemaking authority;
23 requiring persons who employ certified nursing
24 assistants to make certain reports to the
25 Department of Health; requiring that the
26 department update the certified nursing
27 assistant registry; providing for future repeal
28 of such provisions; amending s. 400.211, F.S.;
29 deleting obsolete provisions with respect to
30 the regulation of certified nursing assistants;
31 authorizing additional positions for the
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1 Department of Health; providing an effective
2 date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Part XV of chapter 468, Florida Statutes,
7 consisting of sections 468.821, 468.822, 468.823, 468.824,
8 468.825, 468.826, 468.827, and 468.828, Florida Statutes, is
9 created to read:
10 468.821 Definitions.--As used in this part, the term:
11 (1) "Approved training program" means:
12 (a) A course of training conducted by a public sector
13 or private sector educational center licensed by the
14 Department of Education to implement the basic curriculum for
15 nursing assistants which is approved by the Department of
16 Education.
17 (b) A training program operated under s. 400.141.
18 (2) "Certified nursing assistant" means a person who
19 meets the qualifications specified in this part and who is
20 certified by the department as a certified nursing assistant.
21 (3) "Department" means the Department of Health.
22 (4) "Registry" means the listing of certified nursing
23 assistants maintained by the department.
24 468.822 Duties and powers of the department.--The
25 department shall maintain, or contract with or approve another
26 entity to maintain, a state registry of certified nursing
27 assistants. The registry must consist of the name of each
28 certified nursing assistant in this state; other identifying
29 information defined by department rule; certification status;
30 the effective date of certification; other information
31 required by state or federal law; information regarding any
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Florida Senate - 1999 SB 2094
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1 crime or any abuse, neglect, or exploitation as provided under
2 chapter 435; and any disciplinary action taken against the
3 certified nursing assistant. The registry shall be accessible
4 to the public, the certificateholder, employers, and other
5 state agencies. The department shall adopt by rule testing
6 procedures for use in certifying nursing assistants and shall
7 adopt rules regulating the practice of certified nursing
8 assistants to enforce this part. The department may contract
9 with or approve another entity or organization to provide the
10 examination services, including the development and
11 administration of examinations. The provider shall pay all
12 reasonable costs and expenses incurred by the department in
13 evaluating the provider's application and performance during
14 the delivery of services, including examination services and
15 procedures for maintaining the certified nursing assistant
16 registry.
17 468.823 Certified nursing assistants; certification
18 requirement.--
19 (1) The department shall issue a certificate to
20 practice as a certified nursing assistant to any person who
21 demonstrates a minimum competency to read and write and meets
22 one of the following requirements:
23 (a) Has successfully completed an approved training
24 program and achieved a minimum score, established by rule of
25 the department, on the nursing assistant competency
26 examination, which consists of a written portion and
27 skills-demonstration portion approved by the department and
28 administered at a site and by personnel approved by the
29 department.
30 (b) Has achieved a minimum score, established by rule
31 of the department, on the nursing assistant competency
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Florida Senate - 1999 SB 2094
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1 examination, which consists of a written portion and
2 skills-demonstration portion, approved by the department and
3 administered at a site and by personnel approved by the
4 department and:
5 1. Has a high school diploma, or its equivalent; or
6 2. Is at least 18 years of age.
7 (c) Is currently certified in another state; is listed
8 on that state's certified nursing assistant registry; has not
9 been found to have committed abuse, neglect, or exploitation
10 in that state; and has successfully completed a national
11 nursing assistant evaluation in order to receive certification
12 in that state.
13 (2) If an applicant fails to pass the nursing
14 assistant competency examination in three attempts, the
15 applicant is not eligible for reexamination unless the
16 applicant completes an approved training program.
17 (3) An oral examination shall be administered as a
18 substitute for the written portion of the examination upon
19 request. The oral examination shall be administered at a site
20 and by personnel approved by the department.
21 (4) The department shall adopt rules to provide for
22 the initial certification of certified nursing assistants.
23 (5) A certified nursing assistant shall maintain a
24 current address with the department in accordance with s.
25 455.717.
26 468.824 Denial, suspension, or revocation of
27 certification; disciplinary actions.--
28 (1) The following acts constitute grounds for which
29 the department may impose disciplinary sanctions as specified
30 in subsection (2):
31
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1 (a) Obtaining or attempting to obtain an exemption, or
2 possessing or attempting to possess a letter of exemption, by
3 bribery, misrepresentation, deceit, or through an error of the
4 department.
5 (b) Intentionally violating any provision of this
6 chapter, chapter 455, or the rules adopted by the department.
7 (2) When the department finds any person guilty of any
8 of the grounds set forth in subsection (1), it may enter an
9 order imposing one or more of the following penalties:
10 (a) Denial, suspension, or revocation of
11 certification.
12 (b) Imposition of an administrative fine not to exceed
13 $150 for each count or separate offense.
14 (c) Imposition of probation or restriction of
15 certification, including conditions such as corrective actions
16 as retraining or compliance with an approved treatment program
17 for impaired practitioners.
18 (3) The department may, upon the request of a
19 certificateholder, exempt the certificateholder from
20 disqualification of certification or disqualification of
21 employment in accordance with chapter 435 and issue a letter
22 of exemption.
23
24 After January 1, 2000, the department must notify an applicant
25 seeking an exemption from disqualification from certification
26 or employment of its decision to approve or deny the request
27 within 30 days after the date the department receives all
28 required documentation.
29 468.825 Availability of disciplinary records and
30 proceedings.--Pursuant to s. 455.621, any complaint or record
31 maintained by the Department of Health pursuant to the
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1 discipline of a certified nursing assistant and any proceeding
2 held by the department to discipline a certified nursing
3 assistant shall remain open and available to the public.
4 468.826 Exemption from liability.--If an employer
5 terminates or denies employment to a certified nursing
6 assistant whose certification is inactive as shown on the
7 certified nursing assistant registry or whose name appears on
8 the central abuse registry and tracking system of the
9 Department of Children and Family Services or on a criminal
10 screening report of the Department of Law Enforcement, the
11 employer is not civilly liable for such termination and a
12 cause of action may not be brought against the employer for
13 damages, regardless of whether the employee has filed for an
14 exemption from the department under s. 468.824(1). There may
15 not be any monetary liability on the part of, and a cause of
16 action for damages may not arise against, any licensed
17 facility, its governing board or members thereof, medical
18 staff, disciplinary board, agents, investigators, witnesses,
19 employees, or any other person for any action taken in good
20 faith without intentional fraud in carrying out this section.
21 468.827 Penalties.--It is a misdemeanor of the first
22 degree, punishable as provided under s. 775.082 or s. 775.083,
23 for any person, knowingly or intentionally, to fail to
24 disclose, by false statement, misrepresentation,
25 impersonation, or other fraudulent means, in any application
26 for voluntary or paid employment or licensure regulated under
27 this part, a material fact used in making a determination as
28 to such person's qualifications to be an employee or licensee.
29 468.828 Background screening information; rulemaking
30 authority.--
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1 (1) The Agency for Health Care Administration shall
2 allow the department to electronically access its background
3 screening database and records and the Department of Children
4 and Families shall allow the department to electronically
5 access its central abuse registry and tracking system under
6 chapter 415.
7 (2) An employer, or an agent thereof, may not use
8 criminal records, juvenile records, or information obtained
9 from the central abuse hotline under chapter 415 for any
10 purpose other than determining if the person meets the
11 requirements of this part. Such records and information
12 obtained by the department shall remain confidential and
13 exempt from s. 119.07(1).
14 (3) If the requirements of the Omnibus Budget
15 Reconciliation Act of 1987, as amended, for the certification
16 of nursing assistants are in conflict with this part, the
17 federal requirements shall prevail for those facilities
18 certified to provide care under Title XVIII (Medicare) or
19 Title XIX (Medicaid) of the Social Security Act.
20 (4) The department shall adopt rules to administer
21 this part.
22 Section 2. Certified nursing assistant registry.--
23 (1) By October 1, 1999, and by October 1 of every year
24 thereafter, each employer of certified nursing assistants
25 shall submit to the Department of Health a list of the names
26 and social security numbers of each person employed by the
27 employer as a certified nursing assistant in a nursing-related
28 occupation for a minimum of 8 hours for monetary compensation
29 during the preceding 24 months. Employers may submit such
30 information electronically through the department's Internet
31 site.
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1 (2) The department shall update the certified nursing
2 assistant registry upon receipt of the lists of certified
3 nursing assistants, and shall complete the first of such
4 updates by December 31, 1999.
5 (3) Each certified nursing assistant whose name is not
6 reported to the department under subsection (1) on October 1,
7 1999, shall be assigned an inactive certification on January
8 1, 2000. A certified nursing assistant may remove such an
9 inactive certification by submitting documentation to the
10 department that he or she was employed for a minimum of 8
11 hours for monetary compensation as a certified nursing
12 assistant in a nursing-related occupation during the preceding
13 24 months.
14 (4) This section is repealed October 2, 2001.
15 Section 3. Section 400.211, Florida Statutes, 1998
16 Supplement, is amended to read:
17 400.211 Persons employed as nursing assistants;
18 certification requirement.--
19 (1) A person must be certified under part XV of
20 chapter 468 pursuant to this section, except a registered
21 nurse or practical nurse licensed in accordance with the
22 provisions of chapter 464 or an applicant for such licensure
23 who is permitted to practice nursing in accordance with rules
24 adopted promulgated by the Board of Nursing pursuant to
25 chapter 464, to serve as a nursing assistant in any nursing
26 home. The Department of Health shall issue a certificate to
27 any person who:
28 (a) Has successfully completed a nursing assistant
29 program in a state-approved school and has achieved a minimum
30 score of 75 percent on the written portion of the Florida
31 Nursing Assistant Certification Test approved by the
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1 Department of Health and administered by state-approved test
2 site personnel;
3 (b) Has achieved a minimum score of 75 percent on the
4 written and performance portions of the Florida Nursing
5 Assistant Certification Test approved by the Department of
6 Health and administered by state-approved test site personnel;
7 or
8 (c) Is currently certified in another state, is on
9 that state's registry, has no findings of abuse, and has
10 achieved a minimum score of 75 percent on the written portion
11 of the Florida Nursing Assistant Certification Test approved
12 by the Department of Health and administered by state-approved
13 test site personnel.
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15 An oral examination shall be administered upon request.
16 (2) The agency may deny, suspend, or revoke the
17 certification of any person to serve as a nursing assistant,
18 based upon written notification from a court of competent
19 jurisdiction, law enforcement agency, or administrative agency
20 of any finding of guilt of, regardless of adjudication, or a
21 plea of nolo contendere or guilty to, any offense set forth in
22 the level 1 screening standards of chapter 435 or any
23 confirmed report of abuse of a vulnerable adult.
24 (2)(3) The following categories of persons who are not
25 certified as nursing assistants under this part may be
26 employed by a nursing facility for a period of 4 months:
27 (a) Persons who are enrolled in a state-approved
28 nursing assistant program; or
29 (b) Persons who have been positively verified by a
30 state-approved test site as certified and on the registry in
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1 another state with no findings of abuse, but who have not
2 completed the written examination required under this section.
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4 The certification requirement must be met within 4 months of
5 initial employment as a nursing assistant in a licensed
6 nursing facility.
7 (4) A person certified under this section on or after
8 September 30, 1990, who has not worked for pay as a nursing
9 assistant in a nursing-related occupation for a period of time
10 during a consecutive 24-month period must be recertified under
11 this section to be eligible to work in a nursing facility.
12 (3)(5) Nursing homes shall require persons seeking
13 employment as a certified nursing assistant to submit an
14 employment history to the facility. The facility shall verify
15 the employment history unless, through diligent efforts, such
16 verification is not possible. There shall be no monetary
17 liability on the part of, and no cause of action for damages
18 shall arise against, a former employer who reasonably and in
19 good faith communicates his or her honest opinion about a
20 former employee's job performance.
21 (6) If the requirements pursuant to the Omnibus Budget
22 Reconciliation Act of 1987, as amended, for the certification
23 of nursing assistants are in conflict with this section, the
24 federal requirements shall prevail for those facilities
25 certified to provide care under Title XVIII (Medicare) or
26 Title XIX (Medicaid) of the Social Security Act.
27 (7) The Department of Health may adopt such rules as
28 are necessary to carry out this section.
29 Section 4. The Department of Health is authorized six
30 additional positions for the purposes of implementing this
31 act.
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1 Section 5. This act shall take effect October 1, 1999.
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4 SENATE SUMMARY
5 Provides for the Department of Health to regulate the
practice of certified nursing assistants in this state.
6 Requires that the department maintain a registry of
certified nursing assistants. Provides requirements for
7 certification. Specifies grounds for disciplinary action
by the department and provides penalties. Authorizes the
8 department to issue a letter of exemption from
disqualification of certification. Authorizes the
9 Department of Health to adopt rules. (See bill for
details.)
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