| 1 | Representative Machek offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Between lines 292 and 293, insert: |
| 5 | Section 9. Subsection (1) of section 464.203, Florida |
| 6 | Statutes, is amended, and subsections (8) and (9) are added to |
| 7 | said section, to read: |
| 8 | 464.203 Certified nursing assistants; certification |
| 9 | requirement.-- |
| 10 | (1) The board shall issue a certificate to practice as a |
| 11 | certified nursing assistant to any person who demonstrates a |
| 12 | minimum competency to read and write and successfully passes the |
| 13 | required background Level I or Level II screening in subsection |
| 14 | (8) pursuant to s. 400.215 and who meets one of the following |
| 15 | requirements: |
| 16 | (a) Has successfully completed an approved training |
| 17 | program and achieved a minimum score, established by rule of the |
| 18 | board, on the nursing assistant competency examination, which |
| 19 | consists of a written portion and skills-demonstration portion |
| 20 | approved by the board and administered at a site and by |
| 21 | personnel approved by the department. |
| 22 | (b) Has achieved a minimum score, established by rule of |
| 23 | the board, on the nursing assistant competency examination, |
| 24 | which consists of a written portion and skills-demonstration |
| 25 | portion, approved by the board and administered at a site and by |
| 26 | personnel approved by the department and: |
| 27 | 1. Has a high school diploma, or its equivalent; or |
| 28 | 2. Is at least 18 years of age. |
| 29 | (c) Is currently certified in another state; is listed on |
| 30 | that state's certified nursing assistant registry; and has not |
| 31 | been found to have committed abuse, neglect, or exploitation in |
| 32 | that state. |
| 33 | (d) Has completed the curriculum developed under the |
| 34 | Enterprise Florida Jobs and Education Partnership Grant and |
| 35 | achieved a minimum score, established by rule of the board, on |
| 36 | the nursing assistant competency examination, which consists of |
| 37 | a written portion and skills-demonstration portion, approved by |
| 38 | the board and administered at a site and by personnel approved |
| 39 | by the department. |
| 40 | (8) For purposes of this section, background screening |
| 41 | shall include: |
| 42 | (a) A determination whether the person seeking the |
| 43 | certificate has committed any act that would constitute grounds |
| 44 | for disciplinary sanctions as provided in s. 464.204(1); and |
| 45 | (b)1. For persons who have continuously resided in this |
| 46 | state for the 5 years immediately preceding the date of |
| 47 | screening, level 1 screening as set forth in chapter 435; or |
| 48 | 2. For persons who have not continuously resided in this |
| 49 | state for the 5 years immediately preceding the date of |
| 50 | screening, level 2 screening as set forth in chapter 435. |
| 51 | (9) Beginning January 1, 2005, the Department of Health |
| 52 | and the Agency for Health Care Administration shall, after |
| 53 | certification of an applicant, post the information relating to |
| 54 | background screening on the agency's background-screening |
| 55 | database, which shall be available only to employers and |
| 56 | prospective employers, who, as a condition of employment, are |
| 57 | required by law to conduct a background check for the employment |
| 58 | of certified nursing assistants. |
| 59 | Section 10. Subsection (4) of section 400.211, Florida |
| 60 | Statutes, is amended to read: |
| 61 | 400.211 Persons employed as nursing assistants; |
| 62 | certification requirement.-- |
| 63 | (4) When employed by a nursing home facility for a 12- |
| 64 | month period or longer, a nursing assistant, to maintain |
| 65 | certification, shall submit to a performance review every 12 |
| 66 | months and must receive regular inservice education based on the |
| 67 | outcome of such reviews. The inservice training must: |
| 68 | (a) Be sufficient to ensure the continuing competence of |
| 69 | nursing assistants, must be at least 18 hours per year, and may |
| 70 | include hours accrued under s. 464.203(7) 464.203(8); |
| 71 | (b) Include, at a minimum: |
| 72 | 1. Techniques for assisting with eating and proper |
| 73 | feeding; |
| 74 | 2. Principles of adequate nutrition and hydration; |
| 75 | 3. Techniques for assisting and responding to the |
| 76 | cognitively impaired resident or the resident with difficult |
| 77 | behaviors; |
| 78 | 4. Techniques for caring for the resident at the end-of- |
| 79 | life; and |
| 80 | 5. Recognizing changes that place a resident at risk for |
| 81 | pressure ulcers and falls; and |
| 82 | (c) Address areas of weakness as determined in nursing |
| 83 | assistant performance reviews and may address the special needs |
| 84 | of residents as determined by the nursing home facility staff. |
| 85 |
|
| 86 | Costs associated with this training may not be reimbursed from |
| 87 | additional Medicaid funding through interim rate adjustments. |
| 88 | Section 11. Subsection (5) of section 400.215, Florida |
| 89 | Statutes, is amended to read: |
| 90 | 400.215 Personnel screening requirement.-- |
| 91 | (5) Any provision of law to the contrary notwithstanding, |
| 92 | persons who have been screened and qualified as required by this |
| 93 | section or s. 464.203, and who have not been unemployed for more |
| 94 | than 180 days thereafter, and who under penalty of perjury |
| 95 | attest to not having been convicted of a disqualifying offense |
| 96 | since the completion of such screening, shall not be required to |
| 97 | be rescreened. For purposes of this subsection, screened and |
| 98 | qualified under s. 464.203 means that the person subject to such |
| 99 | screening at the time of certification by the Board of Nursing |
| 100 | does not have any disqualifying offense under chapter 435 or has |
| 101 | received an exemption from any disqualification under chapter |
| 102 | 435 from the Board of Nursing. An employer may obtain, pursuant |
| 103 | to s. 435.10, written verification of qualifying screening |
| 104 | results from the previous employer or other entity which caused |
| 105 | such screening to be performed. |
| 106 |
|
| 107 | ================ T I T L E A M E N D M E N T ============= |
| 108 | Remove line 43 and insert: |
| 109 | requirements and bed limitations; amending s. 464.203, F.S.; |
| 110 | providing screening methods for the issuance of certificates to |
| 111 | practice as a certified nursing assistant; providing criteria |
| 112 | for background screenings; requiring the Department of Heath and |
| 113 | the Agency for Health Care Administration to post certain |
| 114 | information on its background screening database; amending s. |
| 115 | 400.211, F.S.; requiring certain nursing assistants to submit to |
| 116 | a performance review every 12 months; correcting a cross |
| 117 | reference; amending s. 400.215, F.S.; providing a definition; |
| 118 | amending s. 651.118, |