HB 1527 2003
1	A bill to be entitled
2	An act relating to health care regulation; providing a
3	popular name; amending ss. 400.4785, 400.5571, and
4	400.6045, F.S.; prescribing training standards for
5	employees of home health agencies, adult day care centers,
6	and hospices, respectively, that provide care for persons
7	who have Alzheimer's disease or related disorders;
8	prescribing duties of the Department of Elderly Affairs;
9	providing for compliance with guidelines within a certain
10	time period; providing for approval of Alzheimer's
11	training and trainers; providing for application of
12	training to meet specified requirements; providing
13	authority to adopt rules; providing legislative findings
14	and intent; encouraging state universities, colleges, and
15	postsecondary schools preparing students for health care
16	professions to include training about Alzheimer’s disease
17	and related disorders; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1. This act may be known by the popular name the
22	"Florida Alzheimer's Training Act."
23	Section 2. Section 400.4785, Florida Statutes, is amended
24	to read:
25	400.4785 Patients with Alzheimer's disease or other
26	related disorders; staff training requirements;certain
27	disclosures.--
28	(1) A home health agency must provide the following staff
29	training:
30	(a) Upon beginning employment with the agency, each
31	employee must receive basic written information about
32	interacting with participants who have Alzheimer's disease or
33	dementia-related disorders.
34	(b) In addition to the information provided under
35	paragraph (a), newly hired home health agency personnel who will
36	be providing direct care to patients must complete 4 hours of
37	training in Alzheimer's disease and dementia-related disorders
38	within 9 months after beginning employment with the agency. This
39	training must include, but is not limited to, an overview of
40	dementia, a demonstration of basic skills in communicating with
41	persons who have dementia, the management of problem behaviors,
42	information about promoting the client's independence in
43	activities of daily living, and instruction in skills for
44	working with families and caregivers.
45	(c) For certified nursing assistants, the required 4 hours
46	of training shall be part of the total hours of training
47	required annually.
48	(d) For a health care practitioner as defined in s.
49	456.001, continuing education hours taken as required by that
50	practitioner's licensing board shall be counted toward the total
51	of 4 hours.
52	(e) For an employee who is a licensed health care
53	practitioner as defined in s. 456.001, training that is
54	sanctioned by that practitioner's licensing board shall be
55	considered to be approved by the Department of Elderly Affairs.
56	(f) The Department of Elderly Affairs, or its designee,
57	must approve the required training. The department must consider
58	for approval training offered in a variety of formats. The
59	department shall keep a list of current providers who are
60	approved to provide the 4-hour training. The department shall
61	adopt rules to establish standards for the trainers and the
62	training required in this section.
63	(g) Upon completing the training listed in this section,
64	the employee shall be issued a certificate that states that the
65	training mandated under this section has been received. The
66	certificate shall be dated and signed by the training provider.
67	The certificate is evidence of completion of this training, and
68	the employee is not required to repeat this training if the
69	employee changes employment to a different home health agency or
70	to an assisted living facility, nursing home, adult day care
71	center, or hospice.
72	(h) An employee who is hired on or after July 1, 2003,
73	shall have until July 1, 2004, to meet the training requirements
74	of this subsection.
75	(2)An agency licensed under this part which claims that
76	it provides special care for persons who have Alzheimer's
77	disease or other related disorders must disclose in its
78	advertisements or in a separate document those services that
79	distinguish the care as being especially applicable to, or
80	suitable for, such persons. The agency must give a copy of all
81	such advertisements or a copy of the document to each person who
82	requests information about the agency and must maintain a copy
83	of all such advertisements and documents in its records. The
84	Agency for Health Care Administration shall examine all such
85	advertisements and documents in the agency's records as part of
86	the license renewal procedure.
87	Section 3. Section 400.5571, Florida Statutes, is amended
88	to read:
89	400.5571 Patients with Alzheimer's disease or other
90	related disorders; staff training requirements;certain
91	disclosures.--
92	(1) An adult day care center licensed under this part must
93	provide the following staff training:
94	(a) Upon beginning employment with the facility, each
95	employee must receive basic written information about
96	interacting with participants who have Alzheimer's disease or
97	dementia-related disorders.
98	(b) In addition to the information provided under
99	paragraph (a), newly hired adult day care center personnel who
100	are expected to, or whose responsibilities require them to, have
101	direct contact with participants who have Alzheimer's disease or
102	dementia-related disorders must complete initial training of at
103	least 1 hour within the first 3 months after beginning
104	employment. The training must include an overview of dementias
105	and must provide instruction in basic skills for communicating
106	with persons who have dementia.
107	(c) In addition to the requirements of paragraphs (a) and
108	(b), an employee who will be providing direct care to a
109	participant who has Alzheimer's disease or dementia-related
110	disorders must complete an additional 3 hours of training within
111	9 months after beginning employment. This training must include,
112	but is not limited to, the management of problem behaviors,
113	information about promoting the participant's independence in
114	activities of daily living, and instruction in skills for
115	working with families and caregivers.
116	(d) For certified nursing assistants, the required 4 hours
117	of training shall be part of the total hours of training
118	required annually.
119	(e) For a health care practitioner as defined in s.
120	456.001, continuing education hours taken as required by that
121	practitioner's licensing board shall be counted toward the total
122	of 4 hours.
123	(f) For an employee who is a licensed health care
124	practitioner as defined in s. 456.001, training that is
125	sanctioned by that practitioner's licensing board shall be
126	considered to be approved by the Department of Elderly Affairs.
127	(g) The Department of Elderly Affairs or its designee must
128	approve the 1-hour and 3-hour training provided to employees and
129	direct caregivers under this section. The department must
130	consider for approval training offered in a variety of formats.
131	The department shall keep a list of current providers who are
132	approved to provide the 1-hour and 3-hour training. The
133	department shall adopt rules to establish standards for the
134	trainers and the training required in this section.
135	(h) Upon completing any training described in this
136	section, the employee or direct caregiver shall be issued a
137	certificate that includes the name of the training provider, the
138	topic covered, and the date and signature of the training
139	provider. The certificate is evidence of completion of training
140	in the identified topic, and the employee or direct caregiver is
141	not required to repeat training in that topic if the employee or
142	direct caregiver changes employment to a different adult day
143	care center or to an assisted living facility, nursing home,
144	home health agency, or hospice. The direct caregiver must comply
145	with other applicable continuing education requirements.
146	(i) An employee who is hired on or after July 1, 2003,
147	shall have until July 1, 2004, to meet the training requirements
148	of this subsection.
149	(2)A center licensed under this part which claims that it
150	provides special care for persons who have Alzheimer's disease
151	or other related disorders must disclose in its advertisements
152	or in a separate document those services that distinguish the
153	care as being especially applicable to, or suitable for, such
154	persons. The center must give a copy of all such advertisements
155	or a copy of the document to each person who requests
156	information about the center and must maintain a copy of all
157	such advertisements and documents in its records. The agency
158	shall examine all such advertisements and documents in the
159	center's records as part of the license renewal procedure.
160	Section 4. Section 400.6045, Florida Statutes, is amended
161	to read:
162	400.6045 Patients with Alzheimer's disease or other
163	related disorders; staff training requirements;certain
164	disclosures.--
165	(1) A hospice licensed under this part must provide the
166	following staff training:
167	(a) Upon beginning employment with the agency, each
168	employee must receive basic written information about
169	interacting with persons who have Alzheimer's disease or
170	dementia-related disorders.
171	(b) In addition to the information provided under
172	paragraph (a), employees who are expected to, or whose
173	responsibilities require them to, have direct contact with
174	participants who have Alzheimer's disease or dementia-related
175	disorders must complete initial training of at least 1 hour
176	within the first 3 months after beginning employment. The
177	training must include an overview of dementias and must provide
178	instruction in basic skills for communicating with persons who
179	have dementia.
180	(c) In addition to the requirements of paragraphs (a) and
181	(b), an employee who will be providing direct care to a
182	participant who has Alzheimer's disease or dementia-related
183	disorders must complete an additional 3 hours of training within
184	9 months after beginning employment. This training must include,
185	but is not limited to, the management of problem behaviors,
186	information about promoting the patient's independence in
187	activities of daily living, and instruction in skills for
188	working with families and caregivers.
189	(d) For certified nursing assistants, the required 4 hours
190	of training shall be part of the total hours of training
191	required annually.
192	(e) For a health care practitioner as defined in s.
193	456.001, continuing education hours taken as required by that
194	practitioner's licensing board shall be counted toward the total
195	of 4 hours.
196	(f) For an employee who is a licensed health care
197	practitioner as defined in s. 456.001, training that is
198	sanctioned by that practitioner's licensing board shall be
199	considered to be approved by the Department of Elderly Affairs.
200	(g) The Department of Elderly Affairs or its designee must
201	approve the required 1-hour and 3-hour training provided to
202	employees or direct caregivers under this section. The
203	department must consider for approval training offered in a
204	variety of formats. The department shall keep a list of current
205	providers who are approved to provide the 1-hour and 3-hour
206	training. The department shall adopt rules to establish
207	standards for the trainers and the training required in this
208	section.
209	(h) Upon completing any training described in this
210	section, the employee or direct caregiver shall be issued a
211	certificate that includes the name of the training provider, the
212	topic covered, and the date and signature of the training
213	provider. The certificate is evidence of completion of training
214	in the identified topic, and the employee or direct caregiver is
215	not required to repeat training in that topic if the employee or
216	direct caregiver changes employment to a different hospice or to
217	a home health agency, assisted living facility, nursing home, or
218	adult day care center.
219	(i) An employee who is hired on or after July 1, 2003,
220	shall have until July 1, 2004, to meet the training requirements
221	of this subsection.
222	(2)A hospice licensed under this part which claims that
223	it provides special care for persons who have Alzheimer's
224	disease or other related disorders must disclose in its
225	advertisements or in a separate document those services that
226	distinguish the care as being especially applicable to, or
227	suitable for, such persons. The hospice must give a copy of all
228	such advertisements or a copy of the document to each person who
229	requests information about programs and services for persons
230	with Alzheimer's disease or other related disorders offered by
231	the hospice and must maintain a copy of all such advertisements
232	and documents in its records. The agency shall examine all such
233	advertisements and documents in the hospice's records as part of
234	the license renewal procedure.
235	Section 5. The Legislature finds that Alzheimer's disease
236	and related disorders pose an urgent health problem in this
237	state. Therefore, each state university, college, or
238	postsecondary school that prepares undergraduate or graduate
239	students for health professions as described in chapter 456,
240	Florida Statutes, is encouraged to include in its curriculum
241	basic training about Alzheimer's disease and related disorders.
242	Section 6. This act shall take effect July 1, 2003.