ENROLLED HB 1527, Engrossed 1 2003 Legislature
   
1 A bill to be entitled
2          An act relating to health care regulation; creating the
3    Florida Alzheimer’s Training Act; providing a popular
4    name; amending ss. 400.4785, 400.5571, and 400.6045, F.S.;
5    prescribing training standards for employees of home
6    health agencies, adult day care centers, and hospices,
7    respectively, that provide care for persons who have
8    Alzheimer's disease or related disorders; prescribing
9    duties of the Department of Elderly Affairs; providing for
10    compliance with guidelines within a certain time period;
11    providing for approval of Alzheimer's training and
12    trainers; providing for application of training to meet
13    specified requirements; providing authority to adopt
14    rules; providing legislative findings and intent;
15    encouraging state universities, colleges, and
16    postsecondary schools preparing students for health care
17    professions to include training about Alzheimer’s disease
18    and related disorders; providing an effective date.
19         
20          Be It Enacted by the Legislature of the State of Florida:
21         
22          Section 1. This act may be known by the popular name the
23    "Florida Alzheimer's Training Act."
24          Section 2. Section 400.4785, Florida Statutes, is amended
25    to read:
26          400.4785 Patients with Alzheimer's disease or other
27    related disorders; staff training requirements;certain
28    disclosures.--
29          (1) A home health agency must provide the following staff
30    training:
31          (a) Upon beginning employment with the agency, each
32    employee must receive basic written information about
33    interacting with participants who have Alzheimer's disease or
34    dementia-related disorders.
35          (b) In addition to the information provided under
36    paragraph (a), newly hired home health agency personnel who will
37    be providing direct care to patients must complete 2 hours of
38    training in Alzheimer's disease and dementia-related disorders
39    within 9 months after beginning employment with the agency. This
40    training must include, but is not limited to, an overview of
41    dementia, a demonstration of basic skills in communicating with
42    persons who have dementia, the management of problem behaviors,
43    information about promoting the client's independence in
44    activities of daily living, and instruction in skills for
45    working with families and caregivers.
46          (c) For certified nursing assistants, the required 2 hours
47    of training shall be part of the total hours of training
48    required annually.
49          (d) For a health care practitioner as defined in s.
50    456.001, continuing education hours taken as required by that
51    practitioner's licensing board shall be counted toward the total
52    of 2 hours.
53          (e) For an employee who is a licensed health care
54    practitioner as defined in s. 456.001, training that is
55    sanctioned by that practitioner's licensing board shall be
56    considered to be approved by the Department of Elderly Affairs.
57          (f) The Department of Elderly Affairs, or its designee,
58    must approve the required training. The department must consider
59    for approval training offered in a variety of formats. The
60    department shall keep a list of current providers who are
61    approved to provide the 2-hour training. The department shall
62    adopt rules to establish standards for the employees who are
63    subject to this training, for the trainers, and for the training
64    required in this section.
65          (g) Upon completing the training listed in this section,
66    the employee shall be issued a certificate that states that the
67    training mandated under this section has been received. The
68    certificate shall be dated and signed by the training provider.
69    The certificate is evidence of completion of this training, and
70    the employee is not required to repeat this training if the
71    employee changes employment to a different home health agency.
72          (h) An employee who is hired on or after July 1, 2005,
73    must complete the training required by this section.
74          (i) A licensed home health agency whose unduplicated
75    census during the most recent calendar year was comprised of at
76    least 90 percent of individuals aged 21 years or younger at the
77    date of admission is exempt from the training requirements in
78    this section.
79          (2)An agency licensed under this part which claims that
80    it provides special care for persons who have Alzheimer's
81    disease or other related disorders must disclose in its
82    advertisements or in a separate document those services that
83    distinguish the care as being especially applicable to, or
84    suitable for, such persons. The agency must give a copy of all
85    such advertisements or a copy of the document to each person who
86    requests information about the agency and must maintain a copy
87    of all such advertisements and documents in its records. The
88    Agency for Health Care Administration shall examine all such
89    advertisements and documents in the agency's records as part of
90    the license renewal procedure.
91          Section 3. Section 400.5571, Florida Statutes, is amended
92    to read:
93          400.5571 Patients with Alzheimer's disease or other
94    related disorders; staff training requirements;certain
95    disclosures.--
96          (1) An adult day care center licensed under this part must
97    provide the following staff training:
98          (a) Upon beginning employment with the facility, each
99    employee must receive basic written information about
100    interacting with participants who have Alzheimer's disease or
101    dementia-related disorders.
102          (b) In addition to the information provided under
103    paragraph (a), newly hired adult day care center personnel who
104    are expected to, or whose responsibilities require them to, have
105    direct contact with participants who have Alzheimer's disease or
106    dementia-related disorders must complete initial training of at
107    least 1 hour within the first 3 months after beginning
108    employment. The training must include an overview of dementias
109    and must provide instruction in basic skills for communicating
110    with persons who have dementia.
111          (c) In addition to the requirements of paragraphs (a) and
112    (b), an employee who will be providing direct care to a
113    participant who has Alzheimer's disease or a dementia-related
114    disorder must complete an additional 3 hours of training within
115    9 months after beginning employment. This training must include,
116    but is not limited to, the management of problem behaviors,
117    information about promoting the participant's independence in
118    activities of daily living, and instruction in skills for
119    working with families and caregivers.
120          (d) For certified nursing assistants, the required 4 hours
121    of training shall be part of the total hours of training
122    required annually.
123          (e) For a health care practitioner as defined in s.
124    456.001, continuing education hours taken as required by that
125    practitioner's licensing board shall be counted toward the total
126    of 4 hours.
127          (f) For an employee who is a licensed health care
128    practitioner as defined in s. 456.001, training that is
129    sanctioned by that practitioner's licensing board shall be
130    considered to be approved by the Department of Elderly Affairs.
131          (g) The Department of Elderly Affairs or its designee must
132    approve the 1-hour and 3-hour training provided to employees and
133    direct caregivers under this section. The department must
134    consider for approval training offered in a variety of formats.
135    The department shall keep a list of current providers who are
136    approved to provide the 1-hour and 3-hour training. The
137    department shall adopt rules to establish standards for the
138    employees who are subject to this training, for the trainers,
139    and for the training required in this section.
140          (h) Upon completing any training described in this
141    section, the employee or direct caregiver shall be issued a
142    certificate that includes the name of the training provider, the
143    topic covered, and the date and signature of the training
144    provider. The certificate is evidence of completion of training
145    in the identified topic, and the employee or direct caregiver is
146    not required to repeat training in that topic if the employee or
147    direct caregiver changes employment to a different adult day
148    care center or to an assisted living facility, nursing home,
149    home health agency, or hospice. The direct caregiver must comply
150    with other applicable continuing education requirements.
151          (i) An employee who is hired on or after July 1, 2004,
152    must complete the training required by this section.
153          (2)A center licensed under this part which claims that it
154    provides special care for persons who have Alzheimer's disease
155    or other related disorders must disclose in its advertisements
156    or in a separate document those services that distinguish the
157    care as being especially applicable to, or suitable for, such
158    persons. The center must give a copy of all such advertisements
159    or a copy of the document to each person who requests
160    information about the center and must maintain a copy of all
161    such advertisements and documents in its records. The agency
162    shall examine all such advertisements and documents in the
163    center's records as part of the license renewal procedure.
164          Section 4. Section 400.6045, Florida Statutes, is amended
165    to read:
166          400.6045 Patients with Alzheimer's disease or other
167    related disorders; staff training requirements;certain
168    disclosures.--
169          (1) A hospice licensed under this part must provide the
170    following staff training:
171          (a) Upon beginning employment with the agency, each
172    employee must receive basic written information about
173    interacting with persons who have Alzheimer's disease or
174    dementia-related disorders.
175          (b) In addition to the information provided under
176    paragraph (a), employees who are expected to, or whose
177    responsibilities require them to, have direct contact with
178    participants who have Alzheimer's disease or dementia-related
179    disorders must complete initial training of at least 1 hour
180    within the first 3 months after beginning employment. The
181    training must include an overview of dementias and must provide
182    instruction in basic skills for communicating with persons who
183    have dementia.
184          (c) In addition to the requirements of paragraphs (a) and
185    (b), an employee who will be providing direct care to a
186    participant who has Alzheimer's disease or a dementia-related
187    disorder must complete an additional 3 hours of training within
188    9 months after beginning employment. This training must include,
189    but is not limited to, the management of problem behaviors,
190    information about promoting the patient's independence in
191    activities of daily living, and instruction in skills for
192    working with families and caregivers.
193          (d) For certified nursing assistants, the required 4 hours
194    of training shall be part of the total hours of training
195    required annually.
196          (e) For a health care practitioner as defined in s.
197    456.001, continuing education hours taken as required by that
198    practitioner's licensing board shall be counted toward the total
199    of 4 hours.
200          (f) For an employee who is a licensed health care
201    practitioner as defined in s. 456.001, training that is
202    sanctioned by that practitioner's licensing board shall be
203    considered to be approved by the Department of Elderly Affairs.
204          (g) The Department of Elderly Affairs or its designee must
205    approve the required 1-hour and 3-hour training provided to
206    employees or direct caregivers under this section. The
207    department must consider for approval training offered in a
208    variety of formats. The department shall keep a list of current
209    providers who are approved to provide the 1-hour and 3-hour
210    training. The department shall adopt rules to establish
211    standards for the employees who are subject to this training,
212    for the trainers, and for the training required in this section.
213          (h) Upon completing any training described in this
214    section, the employee or direct caregiver shall be issued a
215    certificate that includes the name of the training provider, the
216    topic covered, and the date and signature of the training
217    provider. The certificate is evidence of completion of training
218    in the identified topic, and the employee or direct caregiver is
219    not required to repeat training in that topic if the employee or
220    direct caregiver changes employment to a different hospice or to
221    a home health agency, assisted living facility, nursing home, or
222    adult day care center.
223          (i) An employee who is hired on or after July 1, 2003,
224    must complete the required training by July 1, 2004, or by the
225    deadline specified in this section, whichever is later.
226          (2)A hospice licensed under this part which claims that
227    it provides special care for persons who have Alzheimer's
228    disease or other related disorders must disclose in its
229    advertisements or in a separate document those services that
230    distinguish the care as being especially applicable to, or
231    suitable for, such persons. The hospice must give a copy of all
232    such advertisements or a copy of the document to each person who
233    requests information about programs and services for persons
234    with Alzheimer's disease or other related disorders offered by
235    the hospice and must maintain a copy of all such advertisements
236    and documents in its records. The agency shall examine all such
237    advertisements and documents in the hospice's records as part of
238    the license renewal procedure.
239          Section 5. The Legislature finds that Alzheimer's disease
240    and related disorders pose an urgent health problem in this
241    state. Therefore, each state university, college, or
242    postsecondary school that prepares undergraduate or graduate
243    students for health professions as described in chapter 456,
244    Florida Statutes, is encouraged to include in its curriculum
245    basic training about Alzheimer's disease and related disorders.
246          Section 6. This act shall take effect July 1, 2003.
247