Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1736
       
       
       
       
       
       
                                Barcode 503718                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Budget (Wise) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 3416 and 3417
    4  insert:
    5         Section 83. Subsections (3), (5), and (8) of section
    6  429.52, Florida Statutes, are amended, present subsection (11)
    7  of that section is redesignated as subsection (12), and a new
    8  subsection (11) is added to that section, to read:
    9         429.52 Staff training and educational programs; core
   10  educational requirement.—
   11         (3) Effective January 1, 2004, a new facility administrator
   12  must complete the required training and education, including the
   13  competency test, within a reasonable time after being employed
   14  as an administrator, as determined by the department. Failure to
   15  do so is a violation of this part and subjects the violator to
   16  an administrative fine as prescribed in s. 429.19.
   17  Administrators licensed in accordance with part II of chapter
   18  468 are exempt from this requirement. Other licensed
   19  professionals may be exempted, as determined by the department
   20  by rule.
   21         (5) Staff involved with the management of medications and
   22  assisting with the self-administration of medications under s.
   23  429.256 must complete a minimum of 4 additional hours of
   24  training provided by a registered nurse, licensed pharmacist, or
   25  department staff, and must complete 2 hours of continuing
   26  education training annually. The department shall establish by
   27  rule the minimum requirements of this additional training.
   28         (8) The department shall adopt rules related to these
   29  training requirements, the competency test, necessary
   30  procedures, and competency test fees and shall adopt or contract
   31  with another entity to develop a curriculum, which shall be used
   32  as the minimum core training requirements. The department shall
   33  consult with representatives of stakeholder associations and
   34  organizations representing assisted living facilities and
   35  agencies in the development of the curriculum.
   36         (11) A trainer certified by the department must meet
   37  continuing educational requirements and other standards as set
   38  forth in rules adopted by the department. A trainer or trainee
   39  may be sanctioned pursuant to s. 430.081 for failing to comply
   40  with the standards set forth in the rules.
   41         Between lines 3529 and 3530
   42  insert:
   43  Section 87. Section 430.081, Florida Statutes, is created to
   44  read:
   45         430.081Sanctioning of trainers and trainees.—
   46         (1) The Department of Elderly Affairs may sanction trainers
   47  and trainees for infractions involving any required training
   48  that the department has the authority to regulate under chapter
   49  400, chapter 429, or chapter 430 in order to ensure that such
   50  trainers and trainees satisfy specific qualification
   51  requirements and adhere to training curricula that is approved
   52  by the department.
   53         (2) Training infractions include, but are not limited to,
   54  falsification of training records, falsification of training
   55  certificates, falsification of a trainer’s qualifications,
   56  failure to adhere to the required number of training hours,
   57  failure to use the required curriculum, failure to maintain the
   58  continuing education for the trainer’s recertification, failure
   59  to obtain reapproval of a curriculum when required, providing
   60  false or inaccurate information, misrepresentation of the
   61  required materials, and use of a false identification as a
   62  trainer or trainee.
   63         (3) Sanctions may be progressive in nature and may consist
   64  of corrective action measures; suspension or termination from
   65  participation as an approved trainer or trainee, including
   66  sitting for any required examination; and administrative fines
   67  not to exceed $1,000 per incident. One or more sanctions may be
   68  levied per incident.
   69  
   70  ================= T I T L E  A M E N D M E N T ================
   71         And the title is amended as follows:
   72         Delete lines 294 - 304
   73  and insert:
   74         care in an assisted living facility; amending s.
   75         429.52, F.S.; revising provisions relating to staff
   76         training and educational requirements; requiring that
   77         a trainer who is certified by the department continue
   78         to meet continuing education requirements; amending s.
   79         429.53, F.S.; revising provisions relating to
   80         consultation by the agency; revising a definition;
   81         amending s. 429.54, F.S.; requiring licensed assisted
   82         living facilities to electronically report certain
   83         data semiannually to the agency in accordance with
   84         rules adopted by the department; amending s. 429.71,
   85         F.S.; revising schedule of inspection violations for
   86         adult family-care homes; amending s. 429.915, F.S.;
   87         revising agency responsibilities regarding the
   88         issuance of conditional licenses; creating s. 430.081,
   89         F.S.; authorizing the Department of Elderly Affairs to
   90         sanction trainers and trainees for infractions
   91         involving required training under ch. 400, ch. 429, or
   92         ch. 430, F.S.; providing training infractions;
   93         providing for sanctions; repealing s.