Senate Bill sb1456c1
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    Florida Senate - 2001                           CS for SB 1456
    By the Committee on Health, Aging and Long-Term Care; and
    Senators Saunders, Peaden, Campbell, Pruitt, Smith, Latvala,
    Dawson, Brown-Waite and Wasserman Schultz
    317-1739-01
  1                      A bill to be entitled
  2         An act relating to health care facilities;
  3         creating the Florida Alzheimer's Training Act;
  4         amending s. 400.4178, F.S.; revising training
  5         standards for employees of assisted living
  6         facilities that provide care for residents with
  7         Alzheimer's disease or related disorders;
  8         creating ss. 400.1755, 400.4786, 400.55715, and
  9         400.626, F.S.; prescribing training standards
10         for employees of nursing homes, home health
11         agencies, adult day care centers, and adult
12         family-care homes, respectively, that provide
13         care for persons with Alzheimer's disease or
14         related disorders; providing for training fees;
15         prescribing duties of the Department of Elderly
16         Affairs; directing the department to convene a
17         working group to develop training guidelines;
18         providing for membership; providing for
19         compliance with guidelines within a certain
20         time period; requiring dementia-specific care
21         providers to be included in community care
22         service systems; providing an effective date.
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24  Be It Enacted by the Legislature of the State of Florida:
25
26         Section 1.  This act may be cited as the "Florida
27  Alzheimer's Training Act."
28         Section 2.  Section 400.4178, Florida Statutes, is
29  amended to read:
30         400.4178  Special Care for persons with Alzheimer's
31  disease or other related disorders.--
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    Florida Senate - 2001                           CS for SB 1456
    317-1739-01
  1         (1)  Any A facility which admits or advertises that it
  2  provides special care to an individual for persons with
  3  Alzheimer's disease or other related disorders must meet the
  4  following standards of operation:
  5         (a)1.  If the facility has 17 or more residents, have
  6  an awake staff member on duty at all hours of the day and
  7  night; or
  8         2.  If the facility has fewer than 17 residents, have
  9  an awake staff member on duty at all hours of the day and
10  night or have mechanisms in place to monitor and ensure the
11  safety of the facility's residents.
12         (b)  Offer activities specifically designed for persons
13  who are cognitively impaired.
14         (c)  Have a physical environment that provides for the
15  safety and welfare of the facility's residents.
16         (d)  Employ staff who have completed the training and
17  continuing education required in subsections subsection (2)
18  and (3).
19         (2)(a)  An individual who is employed by a facility
20  that provides special care for residents with Alzheimer's
21  disease or other related disorders, and who has regular
22  contact with such residents, must complete up to 4 hours of
23  initial dementia-specific training developed or approved by
24  the department. The training shall be completed within 3
25  months after beginning employment and shall satisfy the core
26  training requirements of s. 400.452(2)(g).
27         (b)  A direct caregiver who is employed by a facility
28  that provides special care for residents with Alzheimer's
29  disease or other related disorders, and who provides direct
30  care to such residents, must complete the required initial
31  training and 4 additional hours of training developed or
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    Florida Senate - 2001                           CS for SB 1456
    317-1739-01
  1  approved by the department.  The training shall be completed
  2  within 9 months after beginning employment and shall satisfy
  3  the core training requirements of s. 400.452(2)(g).
  4         (c)  An individual who is employed by a facility that
  5  provides special care for residents with Alzheimer's disease
  6  or other related disorders, but who only has incidental
  7  contact with such residents, must be given, at a minimum,
  8  general information on interacting with individuals with
  9  Alzheimer's disease or other related disorders, within 3
10  months after beginning employment.
11         (3)  In addition to the training required under
12  subsection (2), a direct caregiver must complete up to
13  participate in a minimum of 4 contact hours of
14  dementia-specific continuing education each calendar year as
15  approved by the department.  The continuing education must
16  include one or more topics included in the dementia-specific
17  training developed or approved by the department, in which the
18  caregiver has not received previous training.
19         (4)  Upon completing any training listed in subsection
20  (2), the employee or direct caregiver shall be issued a
21  certificate that includes the name of the training provider,
22  the topic covered, and the date and signature of the training
23  provider.  The certificate is evidence of completion of
24  training in the identified topic, and the employee or direct
25  caregiver is not required to repeat training in that topic if
26  the employee or direct caregiver changes employment to a
27  different facility or to a nursing home, home health agency,
28  adult day care center, or adult family-care home.  The
29  employee or direct caregiver must comply with other applicable
30  continuing education requirements.
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    Florida Senate - 2001                           CS for SB 1456
    317-1739-01
  1         (5)  The department, or its designee, shall approve the
  2  initial and continuing education courses and providers.
  3         (6)  The department shall keep a current list of
  4  providers who are approved to provide initial and continuing
  5  education for staff of facilities that provide special care
  6  for persons with Alzheimer's disease or other related
  7  disorders.
  8         (7)  Any facility in which more than 90 percent of
  9  whose residents receive monthly optional supplementation
10  payments is not required to pay for the training and education
11  programs required under this section.  A facility that has one
12  or more such residents shall pay a reduced fee that is
13  proportional to the percentage of such residents in the
14  facility.  A facility that does not have any residents who
15  receive monthly optional supplementation payments must pay a
16  reasonable fee, as established by the department, for such
17  training and education programs.
18         (8)  The department shall adopt rules to establish
19  standards for trainers and training and to implement this
20  section.
21         Section 3.  Section 400.1755, Florida Statutes, is
22  created to read:
23         400.1755  Care for persons with Alzheimer's disease or
24  other related disorders.--
25         (1)(a)  An individual who is employed by a facility
26  licensed pursuant to this section must complete 4 hours of
27  initial dementia-specific training developed or approved by
28  the Department of Elderly Affairs. The training shall be
29  completed within 3 months after beginning employment.
30         (b)  An individual who provides direct care shall be
31  considered a direct caregiver and must complete the required
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    Florida Senate - 2001                           CS for SB 1456
    317-1739-01
  1  initial training and 4 additional hours of training developed
  2  or approved by the Department of Elderly Affairs. The training
  3  shall be completed within 9 months after beginning employment.
  4         (2)  In addition to the training required under
  5  subsection (1), a direct caregiver must complete up to 4 hours
  6  of dementia-specific continuing education each calendar year
  7  as approved by the Department of Elderly Affairs.
  8         (3)  Upon completing any training listed in subsection
  9  (1), the employee or direct caregiver shall be issued a
10  certificate that includes the name of the training provider,
11  the topic covered, and the date and signature of the training
12  provider.  The certificate is evidence of completion of
13  training in the identified topic, and the employee or direct
14  caregiver is not required to repeat training in that topic if
15  the employee or direct caregiver changes employment to a
16  different facility or to an assisted living facility, home
17  health agency, adult day care center, or adult family-care
18  home.  The direct caregiver must comply with other applicable
19  continuing education requirements.
20         (4)  The Department of Elderly Affairs, or its
21  designee, shall approve the initial and continuing education
22  courses and providers.
23         (5)  The Department of Elderly Affairs shall keep a
24  current list of providers who are approved to provide initial
25  and continuing education for staff of facilities that provide
26  care for persons with Alzheimer's disease or other related
27  disorders.
28         (6)  The Department of Elderly Affairs shall adopt
29  rules to establish standards for trainers and training and to
30  implement this section.
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    Florida Senate - 2001                           CS for SB 1456
    317-1739-01
  1         Section 4.  Section 400.4786, Florida Statutes, is
  2  created to read:
  3         400.4786  Care for persons with Alzheimer's disease or
  4  other related disorders.--
  5         (1)(a)  An individual who is employed by a home health
  6  agency must complete 4 hours of initial dementia-specific
  7  training developed or approved by the Department of Elderly
  8  Affairs. The training shall be completed within 3 months after
  9  beginning employment.
10         (b)  An individual who provides direct care shall be
11  considered a direct caregiver and must complete the required
12  initial training and 4 additional hours of training developed
13  or approved by the Department of Elderly Affairs. The training
14  shall be completed within 9 months after beginning employment.
15         (2)  In addition to the training required under
16  subsection (1), a direct caregiver must complete up to 4 hours
17  of dementia-specific continuing education each calendar year
18  as approved by the Department of Elderly Affairs.
19         (3)  Upon completing any training listed in subsection
20  (1), the employee or direct caregiver shall be issued a
21  certificate that includes the name of the training provider,
22  the topic covered, and the date and signature of the training
23  provider.  The certificate is evidence of completion of
24  training in the identified topic, and the employee or direct
25  caregiver is not required to repeat training in that topic if
26  the employee or direct caregiver changes employment to a
27  different home health agency or to an assisted living
28  facility, nursing home, adult day care center, or adult
29  family-care home.  The direct caregiver must comply with other
30  applicable continuing education requirements.
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    Florida Senate - 2001                           CS for SB 1456
    317-1739-01
  1         (4)  The Department of Elderly Affairs, or its
  2  designee, shall approve the initial and continuing education
  3  courses and providers.
  4         (5)  The Department of Elderly Affairs shall keep a
  5  current list of providers who are approved to provide initial
  6  and continuing education for staff of home health agencies
  7  that provide care for persons with Alzheimer's disease or
  8  other related disorders.
  9         (6)  The department shall adopt rules to establish
10  standards for trainers and training and to implement this
11  section.
12         Section 5.  Section 400.55715, Florida Statutes, is
13  created to read:
14         400.55715  Care for persons with Alzheimer's disease or
15  other related disorders.--
16         (1)(a)  An individual who is employed by an adult day
17  care center must complete 4 hours of initial dementia-specific
18  training developed or approved by the department. The training
19  shall be completed within 3 months after beginning employment.
20         (b)  An individual who provides direct care shall be
21  considered a direct caregiver and must complete the required
22  initial training and 4 additional hours of training developed
23  or approved by the Department of Elderly Affairs. The training
24  shall be completed within 9 months after beginning employment.
25         (2)  In addition to the training required under
26  subsection (1), a direct caregiver must complete up to 4 hours
27  of dementia-specific continuing education each calendar year
28  as approved by the department.
29         (3)  Upon completing any training listed in subsection
30  (1), the employee or direct caregiver shall be issued a
31  certificate that includes the name of the training provider,
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    Florida Senate - 2001                           CS for SB 1456
    317-1739-01
  1  the topic covered, and the date and signature of the training
  2  provider.  The certificate is evidence of completion of
  3  training in the identified topic, and the employee or direct
  4  caregiver is not required to repeat training in that topic if
  5  the employee or direct caregiver changes employment to a
  6  different adult day care center or to an assisted living
  7  facility, nursing home, home health agency, or adult
  8  family-care home. The direct caregiver must comply with other
  9  applicable continuing education requirements.
10         (4)  The department, or its designee, shall approve the
11  initial and continuing education courses and providers.
12         (5)  The department shall keep a current list of
13  providers who are approved to provide initial and continuing
14  education for staff of adult day care centers that provide
15  care for persons with Alzheimer's disease or other related
16  disorders.
17         (6)  The department shall adopt rules to establish
18  standards for trainers and training and to implement this
19  section.
20         Section 6.  Section 400.626, Florida Statutes, is
21  created to read:
22         400.626  Care for persons with Alzheimer's disease or
23  other related disorders.--
24         (1)(a)  An individual who operates or is employed by an
25  adult family-care home that provides care for residents with
26  Alzheimer's disease or other related disorders must complete 4
27  hours of initial dementia-specific training developed or
28  approved by the department. The training shall be completed
29  within 3 months after beginning employment.
30         (b)  An individual who provides direct care shall be
31  considered a direct caregiver and must complete the required
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    Florida Senate - 2001                           CS for SB 1456
    317-1739-01
  1  initial training and 4 additional hours of training developed
  2  or approved by Department of Elderly Affairs. The training
  3  shall be completed within 9 months after beginning employment.
  4         (2)  In addition to the training required under
  5  subsection (1), a direct caregiver must complete up to 4 hours
  6  of dementia-specific continuing education each calendar year
  7  as approved by the department.
  8         (3)  Upon completing any training listed in subsection
  9  (1), the employee or direct caregiver shall be issued a
10  certificate that includes the name of the training provider,
11  the topic covered, and the date and signature of the training
12  provider.  The certificate is evidence of completion of
13  training in the identified topic, and the employee or direct
14  caregiver is not required to repeat training in that topic if
15  the employee or direct caregiver changes employment to a
16  different adult family-care home or to an assisted living
17  facility, nursing home, home health agency, or adult day care
18  center.  The direct caregiver must comply with other
19  applicable continuing education requirements.
20         (4)  The department, or its designee, shall approve the
21  initial and continuing education courses and providers.
22         (5)  The department shall keep a current list of
23  providers who are approved to provide initial and continuing
24  education for staff of adult family-care homes that provide
25  care for persons with Alzheimer's disease or other related
26  disorders.
27         (6)  The department shall adopt rules to establish
28  standards for trainers and training and to implement this
29  section.
30         Section 7.  Effective July 1, 2001, the Department of
31  Elderly Affairs shall convene a working group to recommend
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    Florida Senate - 2001                           CS for SB 1456
    317-1739-01
  1  training guidelines; standards for training and trainers; and
  2  materials for the required levels of dementia-specific
  3  training as specified in this act. The group shall consider
  4  and approve a variety of training methods including
  5  self-taught modules, Internet-based training, video
  6  conferencing, and "train-the-trainer" programs. The group
  7  shall consist of a representative of the Florida Alzheimer's
  8  Association, appointed by the association; a representative of
  9  the Florida Assisted Living Association, appointed by the
10  board;  a representative from one of the memory disorder
11  clinics, appointed by the secretary of the department; a
12  person from the department with knowledge of dementia and
13  community-based providers, appointed by the secretary; a
14  representative of the Department of Health, appointed by the
15  Secretary of Health, a representative of the Teaching Nursing
16  Home of Florida, appointed by the Secretary of the Agency for
17  Health Care Administration, a representative from independent
18  Alzheimer's resource centers and other dementia care providers
19  to be appointed by the Secretary of Elderly Affairs, and a
20  representative from the Agency for Health Care Administration
21  to be appointed by the Secretary of Health Care
22  Administration. The group shall hold its first meeting no
23  later than September 14, 2001. The group shall finalize its
24  recommendations no later than July 1, 2002. The Department of
25  Elderly Affairs shall provide staff support to the working
26  group. New employees shall have until July 1, 2003, to comply
27  with the guidelines. Existing employees shall have until July
28  1, 2004, to comply with the guidelines.
29         Section 8.  A community care service system must
30  contain a dementia-specific care provider network to properly
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    Florida Senate - 2001                           CS for SB 1456
    317-1739-01
  1  address the care of a person with dementia and the families of
  2  such person.
  3         Section 9.  This act shall take effect July 1, 2001.
  4
  5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  6                         Senate Bill 1456
  7
  8  The Committee Substitute for SB 1456 modifies training
    requirements for all the provider types in the bill, requiring
  9  4 hours of initial dementia-specific training; and "up to" 4
    hours of continuing education; removes a section pertaining to
10  fees that the department may charge for the training;
    establishes a work group at the Department of Elderly Affairs
11  to develop the training guidelines; requires that a
    community-care services system must contain a
12  dementia-specific care provider network.
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