Bill Text: HB 1527, Engrossed 1

HB 1527, Engrossed 1

2003

A bill to be entitled

An act relating to health care regulation; creating the

Florida Alzheimer’s Training Act; providing a popular

name; amending ss. 400.4785, 400.5571, and 400.6045, F.S.;

prescribing training standards for employees of home

health agencies, adult day care centers, and hospices,

respectively, that provide care for persons who have

Alzheimer's disease or related disorders; prescribing

duties of the Department of Elderly Affairs; providing for

compliance with guidelines within a certain time period;

providing for approval of Alzheimer's training and

trainers; providing for application of training to meet

specified requirements; providing authority to adopt

rules; providing legislative findings and intent;

encouraging state universities, colleges, and

postsecondary schools preparing students for health care

professions to include training about Alzheimer’s disease

and related disorders; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. This act may be known by the popular name the

"Florida Alzheimer's Training Act."

Section 2. Section 400.4785, Florida Statutes, is amended

to read:

400.4785 Patients with Alzheimer's disease or other

related disorders; staff training requirements;certain

disclosures.--

(1) A home health agency must provide the following staff

training:

(a) Upon beginning employment with the agency, each

employee must receive basic written information about

interacting with participants who have Alzheimer's disease or

dementia-related disorders.

(b) In addition to the information provided under

paragraph (a), newly hired home health agency personnel who will

be providing direct care to patients must complete 2 hours of

training in Alzheimer's disease and dementia-related disorders

within 9 months after beginning employment with the agency. This

training must include, but is not limited to, an overview of

dementia, a demonstration of basic skills in communicating with

persons who have dementia, the management of problem behaviors,

information about promoting the client's independence in

activities of daily living, and instruction in skills for

working with families and caregivers.

of training shall be part of the total hours of training

required annually.

(d) For a health care practitioner as defined in s.

456.001, continuing education hours taken as required by that

practitioner's licensing board shall be counted toward the total

of 2 hours.

(e) For an employee who is a licensed health care

practitioner as defined in s. 456.001, training that is

sanctioned by that practitioner's licensing board shall be

considered to be approved by the Department of Elderly Affairs.

(f) The Department of Elderly Affairs, or its designee,

must approve the required training. The department must consider

for approval training offered in a variety of formats. The

department shall keep a list of current providers who are

approved to provide the 2-hour training. The department shall

adopt rules to establish standards for the employees who are

subject to this training, for the trainers, and for the training

required in this section.

(g) Upon completing the training listed in this section,

the employee shall be issued a certificate that states that the

training mandated under this section has been received. The

certificate shall be dated and signed by the training provider.

The certificate is evidence of completion of this training, and

the employee is not required to repeat this training if the

employee changes employment to a different home health agency.

(h) An employee who is hired on or after July 1, 2005,

must complete the training required by this section.

(i) A licensed home health agency whose unduplicated

census during the most recent calendar year was comprised of at

least 90 percent of individuals aged 21 years or younger at the

date of admission is exempt from the training requirements in

this section.

(2)An agency licensed under this part which claims that

it provides special care for persons who have Alzheimer's

disease or other related disorders must disclose in its

advertisements or in a separate document those services that

distinguish the care as being especially applicable to, or

suitable for, such persons. The agency must give a copy of all

such advertisements or a copy of the document to each person who

requests information about the agency and must maintain a copy

of all such advertisements and documents in its records. The

Agency for Health Care Administration shall examine all such

advertisements and documents in the agency's records as part of

the license renewal procedure.

Section 3. Section 400.5571, Florida Statutes, is amended

to read:

400.5571 Patients with Alzheimer's disease or other

related disorders; staff training requirements;certain

disclosures.--

(1) An adult day care center licensed under this part must

provide the following staff training:

(a) Upon beginning employment with the facility, each

employee must receive basic written information about

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interacting with participants who have Alzheimer's disease or

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dementia-related disorders.

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(b) In addition to the information provided under

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paragraph (a), newly hired adult day care center personnel who

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are expected to, or whose responsibilities require them to, have

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direct contact with participants who have Alzheimer's disease or

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dementia-related disorders must complete initial training of at

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least 1 hour within the first 3 months after beginning

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employment. The training must include an overview of dementias

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and must provide instruction in basic skills for communicating

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with persons who have dementia.

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(b), an employee who will be providing direct care to a

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participant who has Alzheimer's disease or a dementia-related

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disorder must complete an additional 3 hours of training within

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9 months after beginning employment. This training must include,

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but is not limited to, the management of problem behaviors,

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information about promoting the participant's independence in

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activities of daily living, and instruction in skills for

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working with families and caregivers.

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(d) For certified nursing assistants, the required 4 hours

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of training shall be part of the total hours of training

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required annually.

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(e) For a health care practitioner as defined in s.

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456.001, continuing education hours taken as required by that

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practitioner's licensing board shall be counted toward the total

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of 4 hours.

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(f) For an employee who is a licensed health care

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practitioner as defined in s. 456.001, training that is

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sanctioned by that practitioner's licensing board shall be

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considered to be approved by the Department of Elderly Affairs.

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(g) The Department of Elderly Affairs or its designee must

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approve the 1-hour and 3-hour training provided to employees and

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direct caregivers under this section. The department must

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consider for approval training offered in a variety of formats.

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The department shall keep a list of current providers who are

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approved to provide the 1-hour and 3-hour training. The

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department shall adopt rules to establish standards for the

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employees who are subject to this training, for the trainers,

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and for the training required in this section.

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(h) Upon completing any training described in this

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section, the employee or direct caregiver shall be issued a

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certificate that includes the name of the training provider, the

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topic covered, and the date and signature of the training

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provider. The certificate is evidence of completion of training

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in the identified topic, and the employee or direct caregiver is

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not required to repeat training in that topic if the employee or

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direct caregiver changes employment to a different adult day

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care center or to an assisted living facility, nursing home,

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home health agency, or hospice. The direct caregiver must comply

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with other applicable continuing education requirements.

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(i) An employee who is hired on or after July 1, 2004,

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must complete the training required by this section.

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(2)A center licensed under this part which claims that it

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provides special care for persons who have Alzheimer's disease

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or other related disorders must disclose in its advertisements

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or in a separate document those services that distinguish the

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care as being especially applicable to, or suitable for, such

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persons. The center must give a copy of all such advertisements

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or a copy of the document to each person who requests

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information about the center and must maintain a copy of all

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such advertisements and documents in its records. The agency

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shall examine all such advertisements and documents in the

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center's records as part of the license renewal procedure.

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Section 4. Section 400.6045, Florida Statutes, is amended

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to read:

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400.6045 Patients with Alzheimer's disease or other

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related disorders; staff training requirements;certain

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disclosures.--

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(1) A hospice licensed under this part must provide the

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following staff training:

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(a) Upon beginning employment with the agency, each

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employee must receive basic written information about

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interacting with persons who have Alzheimer's disease or

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dementia-related disorders.

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(b) In addition to the information provided under

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paragraph (a), employees who are expected to, or whose

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responsibilities require them to, have direct contact with

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participants who have Alzheimer's disease or dementia-related

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disorders must complete initial training of at least 1 hour

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within the first 3 months after beginning employment. The

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training must include an overview of dementias and must provide

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instruction in basic skills for communicating with persons who

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have dementia.

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(b), an employee who will be providing direct care to a

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participant who has Alzheimer's disease or a dementia-related

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disorder must complete an additional 3 hours of training within

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9 months after beginning employment. This training must include,

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but is not limited to, the management of problem behaviors,

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information about promoting the patient's independence in

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activities of daily living, and instruction in skills for

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working with families and caregivers.

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(d) For certified nursing assistants, the required 4 hours

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of training shall be part of the total hours of training

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required annually.

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(e) For a health care practitioner as defined in s.

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456.001, continuing education hours taken as required by that

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practitioner's licensing board shall be counted toward the total

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of 4 hours.

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(f) For an employee who is a licensed health care

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practitioner as defined in s. 456.001, training that is

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sanctioned by that practitioner's licensing board shall be

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considered to be approved by the Department of Elderly Affairs.

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(g) The Department of Elderly Affairs or its designee must

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approve the required 1-hour and 3-hour training provided to

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employees or direct caregivers under this section. The

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department must consider for approval training offered in a

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variety of formats. The department shall keep a list of current

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providers who are approved to provide the 1-hour and 3-hour

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training. The department shall adopt rules to establish

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standards for the employees who are subject to this training,

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for the trainers, and for the training required in this section.

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(h) Upon completing any training described in this

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section, the employee or direct caregiver shall be issued a

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certificate that includes the name of the training provider, the

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topic covered, and the date and signature of the training

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provider. The certificate is evidence of completion of training

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in the identified topic, and the employee or direct caregiver is

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not required to repeat training in that topic if the employee or

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direct caregiver changes employment to a different hospice or to

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a home health agency, assisted living facility, nursing home, or

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adult day care center.

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(i) An employee who is hired on or after July 1, 2003,

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must complete the required training by July 1, 2004, or by the

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deadline specified in this section, whichever is later.

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(2)A hospice licensed under this part which claims that

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it provides special care for persons who have Alzheimer's

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disease or other related disorders must disclose in its

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advertisements or in a separate document those services that

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distinguish the care as being especially applicable to, or

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suitable for, such persons. The hospice must give a copy of all

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such advertisements or a copy of the document to each person who

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requests information about programs and services for persons

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with Alzheimer's disease or other related disorders offered by

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the hospice and must maintain a copy of all such advertisements

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and documents in its records. The agency shall examine all such

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advertisements and documents in the hospice's records as part of

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the license renewal procedure.

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Section 5. The Legislature finds that Alzheimer's disease

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and related disorders pose an urgent health problem in this

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state. Therefore, each state university, college, or

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postsecondary school that prepares undergraduate or graduate

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students for health professions as described in chapter 456,

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Florida Statutes, is encouraged to include in its curriculum

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basic training about Alzheimer's disease and related disorders.

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Section 6. This act shall take effect July 1, 2003.

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