Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 2050
       
       
       
       
       
       
                                Barcode 150160                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/26/2012           .                                
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       The Committee on Children, Families, and Elder Affairs (Storms)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 394.4574, Florida
    6  Statutes, is amended to read:
    7         394.4574 Department responsibilities for a mental health
    8  resident who resides in an assisted living facility that holds a
    9  limited mental health license.—
   10         (2) The department must ensure that:
   11         (a) A mental health resident has been assessed by a
   12  psychiatrist, clinical psychologist, clinical social worker, or
   13  psychiatric nurse, or an individual who is supervised by one of
   14  these professionals, and determined to be appropriate to reside
   15  in an assisted living facility. The documentation must be
   16  provided to the administrator of the facility within 30 days
   17  after the mental health resident has been admitted to the
   18  facility. An evaluation completed upon discharge from a state
   19  mental hospital meets the requirements of this subsection
   20  related to appropriateness for placement as a mental health
   21  resident if it was completed within 90 days prior to admission
   22  to the facility.
   23         (b) A cooperative agreement, as required in s. 429.075, is
   24  developed between the mental health care services provider that
   25  serves a mental health resident and the administrator of the
   26  assisted living facility with a limited mental health license in
   27  which the mental health resident is living. Any entity that
   28  provides Medicaid prepaid health plan services shall ensure the
   29  appropriate coordination of health care services with an
   30  assisted living facility in cases where a Medicaid recipient is
   31  both a member of the entity’s prepaid health plan and a resident
   32  of the assisted living facility. If the entity is at risk for
   33  Medicaid targeted case management and behavioral health
   34  services, the entity shall inform the assisted living facility
   35  of the procedures to follow should an emergent condition arise.
   36         (c) The community living support plan, as defined in s.
   37  429.02, has been prepared by a mental health resident and a
   38  mental health case manager of that resident in consultation with
   39  the administrator of the facility or the administrator’s
   40  designee. The plan must be provided to the administrator of the
   41  assisted living facility with a limited mental health license in
   42  which the mental health resident lives. The support plan and the
   43  agreement may be in one document.
   44         (d) The assisted living facility with a limited mental
   45  health license is provided with documentation that the
   46  individual meets the definition of a mental health resident.
   47         (e) The mental health services provider assigns a case
   48  manager to each mental health resident who lives in an assisted
   49  living facility with a limited mental health license. The case
   50  manager is responsible for coordinating the development of and
   51  implementation of the community living support plan defined in
   52  s. 429.02. The plan must be updated at least annually in order
   53  to ensure that the ongoing needs of the resident are addressed.
   54  Each case manager shall keep a record of the date and time of
   55  any face-to-face interaction with a mental health resident and
   56  make the record available to the department for inspection. The
   57  record must be maintained for 2 years following the date of the
   58  interaction.
   59         (f) There is adequate and consistent monitoring and
   60  enforcement of community living support plans and cooperative
   61  agreements.
   62         Section 2. Subsection (2) of section 400.0078, Florida
   63  Statutes, is amended to read:
   64         400.0078 Citizen access to State Long-Term Care Ombudsman
   65  Program services.—
   66         (2) Every resident or representative of a resident shall
   67  receive, upon admission to a long-term care facility,
   68  information regarding the purpose of the State Long-Term Care
   69  Ombudsman Program, the statewide toll-free telephone number for
   70  receiving complaints, the confidentiality of a complainant’s
   71  name and identity and of the subject matter of a complaint, and
   72  other relevant information regarding how to contact the program.
   73  Residents or their representatives must be furnished additional
   74  copies of this information upon request.
   75         Section 3. Subsection (1) of section 415.103, Florida
   76  Statutes, is amended to read:
   77         415.103 Central abuse hotline.—
   78         (1) The department shall establish and maintain a central
   79  abuse hotline that receives all reports made pursuant to s.
   80  415.1034 or s. 429.55 in writing or through a single statewide
   81  toll-free telephone number. Any person may use the statewide
   82  toll-free telephone number to report known or suspected abuse,
   83  neglect, or exploitation of a vulnerable adult at any hour of
   84  the day or night, any day of the week. The central abuse hotline
   85  must be operated in such a manner as to enable the department
   86  to:
   87         (a) Accept reports for investigation when there is a
   88  reasonable cause to suspect that a vulnerable adult has been or
   89  is being abused, neglected, or exploited.
   90         (b) Determine whether the allegations made by the reporter
   91  require an immediate, 24-hour, or next-working-day response
   92  priority.
   93         (c) When appropriate, refer calls that do not allege the
   94  abuse, neglect, or exploitation of a vulnerable adult to other
   95  organizations that might better resolve the reporter’s concerns.
   96         (d) Immediately identify and locate prior reports of abuse,
   97  neglect, or exploitation through the central abuse hotline.
   98         (e) Track critical steps in the investigative process to
   99  ensure compliance with all requirements for all reports.
  100         (f) Maintain data to facilitate the production of aggregate
  101  statistical reports for monitoring patterns of abuse, neglect,
  102  or exploitation.
  103         (g) Serve as a resource for the evaluation, management, and
  104  planning of preventive and remedial services for vulnerable
  105  adults who have been subject to abuse, neglect, or exploitation.
  106         Section 4. Paragraph (a) of subsection (1) of section
  107  415.1034, Florida Statutes, is amended to read:
  108         415.1034 Mandatory reporting of abuse, neglect, or
  109  exploitation of vulnerable adults; mandatory reports of death.—
  110         (1) MANDATORY REPORTING.—
  111         (a) Any person, including, but not limited to, any:
  112         1. Physician, osteopathic physician, medical examiner,
  113  chiropractic physician, nurse, paramedic, emergency medical
  114  technician, or hospital personnel engaged in the admission,
  115  examination, care, or treatment of vulnerable adults;
  116         2. Health professional or mental health professional other
  117  than one listed in subparagraph 1.;
  118         3. Practitioner who relies solely on spiritual means for
  119  healing;
  120         4. Nursing home staff; assisted living facility staff;
  121  adult day care center staff; adult family-care home staff;
  122  social worker; or other professional adult care, residential, or
  123  institutional staff;
  124         5. State, county, or municipal criminal justice employee or
  125  law enforcement officer;
  126         6. An employee of the Department of Business and
  127  Professional Regulation conducting inspections of public lodging
  128  establishments under s. 509.032;
  129         7. Florida advocacy council member or long-term care
  130  ombudsman council member; or
  131         8. Bank, savings and loan, or credit union officer,
  132  trustee, or employee; or
  133         9. Employee or agent of any state or local agency that has
  134  regulatory responsibilities concerning, or provides services to,
  135  persons in state-licensed facilities,
  136  
  137  who knows, or has reasonable cause to suspect, that a vulnerable
  138  adult has been or is being abused, neglected, or exploited shall
  139  immediately report such knowledge or suspicion to the central
  140  abuse hotline.
  141         Section 5. Present subsections (15) through (26) of section
  142  429.02, Florida Statutes, are renumbered as subsections (16)
  143  through (27), respectively, and a new subsection (15) is added
  144  to that section, to read:
  145         429.02 Definitions.—When used in this part, the term:
  146         (15) “Mental health professional” means an individual
  147  licensed under chapter 458, chapter 459, chapter 464, chapter
  148  490, or chapter 491 who provides mental health services as
  149  defined under s. 394.67, or an individual who has a 4-year
  150  baccalaureate degree from an accredited college or university
  151  and at least 5 years of experience providing services that
  152  improve an individual’s mental health or treat mental illness.
  153         Section 6. Section 429.075, Florida Statutes, is amended to
  154  read:
  155         429.075 Limited mental health license.—An assisted living
  156  facility that serves any three or more mental health resident
  157  residents must obtain a limited mental health license.
  158         (1) To obtain a limited mental health license, a facility
  159  must hold a standard license as an assisted living facility and,
  160  must not have any current uncorrected deficiencies or
  161  violations. The, and must ensure that, within 6 months after
  162  receiving a limited mental health license, the facility
  163  administrator and the staff of the facility who are in direct
  164  contact with mental health residents must complete training of
  165  no less than 6 hours related to their duties. Such designation
  166  may be made at the time of initial licensure or relicensure or
  167  upon request in writing by a licensee under this part and part
  168  II of chapter 408. Notification of approval or denial of such
  169  request shall be made in accordance with this part, part II of
  170  chapter 408, and applicable rules. This training will be
  171  provided by or approved by the Department of Children and Family
  172  Services.
  173         (2) A facility Facilities licensed to provide services to
  174  mental health residents shall provide appropriate supervision
  175  and staffing to provide for the health, safety, and welfare of
  176  such residents. Each administrator and staff member, who
  177  provides regular or direct care to residents, of a facility
  178  licensed to provide services to mental health residents must
  179  meet the limited mental health training requirements set forth
  180  in s. 429.521 in addition to any other training or education
  181  requirements.
  182         (3) A facility that has a limited mental health license
  183  must:
  184         (a) Have a copy of each mental health resident’s community
  185  living support plan and the cooperative agreement with the
  186  mental health care services provider. The support plan and the
  187  agreement may be combined.
  188         (b) Have documentation that is provided by the Department
  189  of Children and Family Services that each mental health resident
  190  has been assessed and determined to be able to live in the
  191  community in an assisted living facility with a limited mental
  192  health license.
  193         (c) Make the community living support plan available for
  194  inspection by the resident, the resident’s legal guardian, the
  195  resident’s health care surrogate, and other individuals who have
  196  a lawful basis for reviewing this document.
  197         (d) Assist the mental health resident in carrying out the
  198  activities identified in the individual’s community living
  199  support plan.
  200         (4) A facility with a limited mental health license may
  201  enter into a cooperative agreement with a private mental health
  202  provider. For purposes of the limited mental health license, the
  203  private mental health provider may act as the case manager.
  204         Section 7. Section 429.176, Florida Statutes, is amended to
  205  read:
  206         429.176 Notice of change of administrator.—If, during the
  207  period for which a license is issued, the owner changes
  208  administrators, the owner must notify the agency of the change
  209  within 10 days and provide documentation within 90 days that the
  210  new administrator is licensed under s. 429.50 and has completed
  211  the applicable core training educational requirements under s.
  212  429.521(2) s. 429.52.
  213         Section 8. Subsection (2) of section 429.178, Florida
  214  Statutes, is amended to read:
  215         429.178 Special care for persons with Alzheimer’s disease
  216  or other related disorders.—
  217         (2)(a) An individual who is employed by a facility that
  218  provides special care for residents with Alzheimer’s disease or
  219  other related disorders, and who has regular contact with such
  220  residents, must complete up to 4 hours of initial dementia
  221  specific training developed or approved by the department. The
  222  training shall be completed within 3 months after beginning
  223  employment and shall satisfy the core training requirements of
  224  s. 429.521(3) s. 429.52(2)(g).
  225         (b) A direct caregiver who is employed by a facility that
  226  provides special care for residents with Alzheimer’s disease or
  227  other related disorders, and who provides direct care to such
  228  residents, must complete the required initial training and 4
  229  additional hours of training developed or approved by the
  230  department. The training shall be completed within 9 months
  231  after beginning employment and shall satisfy the core training
  232  requirements of s. 429.521(3) s. 429.52(2)(g).
  233         (c) An individual who is employed by a facility that
  234  provides special care for residents with Alzheimer’s disease or
  235  other related disorders, but who only has incidental contact
  236  with such residents, must be given, at a minimum, general
  237  information on interacting with individuals with Alzheimer’s
  238  disease or other related disorders, within 3 months after
  239  beginning employment.
  240         Section 9. Subsections (1) and (2) of section 429.28,
  241  Florida Statutes, are amended to read:
  242         429.28 Resident bill of rights.—
  243         (1) A No resident of a facility may not shall be deprived
  244  of any civil or legal rights, benefits, or privileges guaranteed
  245  by law, the Constitution of the State of Florida, or the
  246  Constitution of the United States as a resident of a facility.
  247  Every resident of a facility shall have the right to:
  248         (a) Live in a safe and decent living environment, free from
  249  abuse and neglect.
  250         (b) Be treated with consideration and respect and with due
  251  recognition of personal dignity, individuality, and the need for
  252  privacy.
  253         (c) Retain and use his or her own clothes and other
  254  personal property in his or her immediate living quarters, so as
  255  to maintain individuality and personal dignity, except when the
  256  facility can demonstrate that such would be unsafe, impractical,
  257  or an infringement upon the rights of other residents.
  258         (d) Unrestricted private communication, including receiving
  259  and sending unopened correspondence, access to a telephone, and
  260  visiting with any person of his or her choice, at any time
  261  between the hours of 9 a.m. and 9 p.m. at a minimum. Upon
  262  request, the facility shall make provisions to extend visiting
  263  hours for caregivers and out-of-town guests, and in other
  264  similar situations.
  265         (e) Freedom to participate in and benefit from community
  266  services and activities and to achieve the highest possible
  267  level of independence, autonomy, and interaction within the
  268  community.
  269         (f) Manage his or her financial affairs unless the resident
  270  or, if applicable, the resident’s representative, designee,
  271  surrogate, guardian, or attorney in fact authorizes the
  272  administrator of the facility to provide safekeeping for funds
  273  as provided in s. 429.27.
  274         (g) Share a room with his or her spouse if both are
  275  residents of the facility.
  276         (h) Reasonable opportunity for regular exercise several
  277  times a week and to be outdoors at regular and frequent
  278  intervals except when prevented by inclement weather.
  279         (i) Exercise civil and religious liberties, including the
  280  right to independent personal decisions. No religious beliefs or
  281  practices, nor any attendance at religious services, shall be
  282  imposed upon any resident.
  283         (j) Access to adequate and appropriate health care
  284  consistent with established and recognized standards within the
  285  community.
  286         (k) At least 30 45 days’ notice of relocation or
  287  termination of residency from the facility unless, for medical
  288  reasons, the resident is certified by a physician to require an
  289  emergency relocation to a facility providing a more skilled
  290  level of care or the resident engages in a pattern of conduct
  291  that is harmful or offensive to other residents. In the case of
  292  a resident who has been adjudicated mentally incapacitated, the
  293  guardian shall be given at least 30 45 days’ notice of a
  294  nonemergency relocation or residency termination. Reasons for
  295  relocation shall be set forth in writing. A resident or the
  296  resident’s legal guardian or representative may challenge the
  297  notice of relocation or termination of residency from the
  298  facility pursuant to s. 429.281. In order for a facility to
  299  terminate the residency of an individual without notice as
  300  provided herein, the facility shall show good cause in a court
  301  of competent jurisdiction.
  302         (l) Present grievances and recommend changes in policies,
  303  procedures, and services to the staff of the facility, governing
  304  officials, or any other person without restraint, interference,
  305  coercion, discrimination, or reprisal. Each facility shall
  306  establish a grievance procedure to facilitate the residents’
  307  exercise of this right. This right includes access to ombudsman
  308  volunteers and advocates and the right to be a member of, to be
  309  active in, and to associate with advocacy or special interest
  310  groups.
  311         (m) Place in the resident’s room an electronic monitoring
  312  device that is owned and operated by the resident or provided by
  313  the resident’s guardian or legal representative pursuant to s.
  314  429.55.
  315         (2) The administrator of a facility shall ensure that a
  316  written notice of the rights, obligations, and prohibitions set
  317  forth in this part is posted in a prominent place in each
  318  facility and read or explained to residents who cannot read.
  319  This notice shall include the name, address, and telephone
  320  numbers of the local ombudsman council and central abuse hotline
  321  and, when applicable, the Advocacy Center for Persons with
  322  Disabilities, Inc., and the Florida local advocacy council,
  323  where complaints may be lodged. The notice must state that the
  324  names or identities of the complainants, or residents involved
  325  in a complaint, and the subject matter of a complaint made to
  326  the Office of State Long-Term Care Ombudsman or a local long
  327  term care ombudsman council are confidential pursuant to s.
  328  400.0077. The facility must ensure a resident’s access to a
  329  telephone to call the local ombudsman council, central abuse
  330  hotline, Advocacy Center for Persons with Disabilities, Inc.,
  331  and the Florida local advocacy council.
  332         Section 10. Section 429.281, Florida Statutes, is created
  333  to read:
  334         429.281Resident relocation or termination of residency;
  335  requirements and procedures; hearings.—
  336         (1) As used in this section, the term:
  337         (a) “Relocation” means to move a resident from the facility
  338  to another facility that is responsible for the resident’s care.
  339         (b) “Termination of residency” means to release a resident
  340  from the facility and the releasing facility ceases to be
  341  responsible for the resident’s care.
  342         (2) Each facility licensed under this part must comply with
  343  s. 429.28(1)(k) when a decision is made to relocate or terminate
  344  the residency of a resident.
  345         (3) At least 30 days before a proposed relocation or
  346  termination of residency, the facility must provide advance
  347  notice of the proposed relocation or termination of residency to
  348  the resident and, if known, to a family member or the resident’s
  349  legal guardian or representative. However, in the following
  350  circumstances the facility shall give notice as soon as is
  351  practicable before the relocation or termination of residency:
  352         (a) The relocation or termination of residency is necessary
  353  for the resident’s welfare or because the resident’s needs
  354  cannot be met in the facility, and the circumstances are
  355  documented in the resident’s record; or
  356         (b) The health or safety of other residents or employees of
  357  the facility would be endangered, and the circumstances are
  358  documented in the resident’s record.
  359         (4) The notice required by subsection (3) must be in
  360  writing and contain all information required by rule. The agency
  361  shall develop a standard document to be used by all facilities
  362  licensed under this part for purposes of notifying residents of
  363  a relocation or termination of residency. This document must
  364  include information on how a resident may request the local
  365  long-term care ombudsman council to review the notice and
  366  request information about or assistance with initiating a
  367  hearing with the Office of Appeals Hearings of the Department of
  368  Children and Family Services to challenge the relocation or
  369  termination of residency. In addition to any other pertinent
  370  information, the form must require the facility to specify the
  371  reason that the resident is being relocated or the residency is
  372  being terminated, along with an explanation to support this
  373  action. In addition, the form must require the facility to state
  374  the effective date of the relocation or termination of residency
  375  and the location to which the resident is being relocated, if
  376  known. The form must clearly describe the resident’s challenge
  377  rights and the procedures for filing a challenge. A copy of the
  378  notice must be given to the resident, the resident’s legal
  379  guardian or representative, if applicable, and the local long
  380  term care ombudsman council within 5 business days after
  381  signature by the resident or the resident’s legal guardian or
  382  representative, and a copy must be placed in the resident’s
  383  file.
  384         (5) A resident is entitled to a hearing to challenge a
  385  facility’s proposed relocation or termination of residency. A
  386  resident may request that the local long-term care ombudsman
  387  council review any notice of relocation or termination of
  388  residency given to the resident. If requested, the local long
  389  term care ombudsman council shall assist the resident, or the
  390  resident’s legal guardian or representative, with filing a
  391  challenge to the proposed relocation or termination of
  392  residency. The resident, or the resident’s legal guardian or
  393  representative, may request a hearing at any time within 10 days
  394  after the resident’s receipt of the facility’s notice of the
  395  proposed relocation or termination of residency. If a resident,
  396  or the resident’s legal guardian or representative, requests a
  397  hearing, the request shall stay the proposed relocation or
  398  termination of residency pending a decision from the hearing
  399  officer. The facility may not impede the resident’s right to
  400  remain in the facility, and the resident may remain in the
  401  facility until the outcome of the initial hearing, which must be
  402  completed within 15 days after receipt of a request for a
  403  hearing, unless:
  404         (a) Both the facility and the resident, or the resident’s
  405  legal guardian or representative, agree to extend the deadline
  406  for the decision; or
  407         (b) Good cause to extend the deadline is given by either
  408  party.
  409         (6) Notwithstanding subsection (5), an emergency relocation
  410  or termination of residency may be implemented as necessary
  411  pursuant to state or federal law during the period after the
  412  notice is given and before the time in which the hearing officer
  413  renders a decision. Notice of an emergency relocation or
  414  termination of residency must be made by telephone or in person
  415  and given to the resident, the resident’s legal guardian or
  416  representative, and the local long-term care ombudsman council,
  417  if requested. This notice must be given before the relocation,
  418  if possible, or as soon thereafter as practical. The resident’s
  419  file must contain documentation to show who was contacted,
  420  whether the contact was by telephone or in person, and the date
  421  and time of the contact. Written notice that meets the
  422  requirements of subsection (4) must be given the next business
  423  day.
  424         (7) The following persons must be present at each hearing
  425  authorized under this section:
  426         (a) The resident or the resident’s legal guardian or
  427  representative.
  428         (b) The facility administrator or the facility’s legal
  429  representative or designee.
  430  
  431  A representative of the local long-term care ombudsman council
  432  may be present at each hearing authorized by this section.
  433         (8)(a) The Office of Appeals Hearings of the Department of
  434  Children and Family Services shall conduct hearings under this
  435  section. The office shall notify the facility of a resident’s
  436  request for a hearing.
  437         (b) The Department of Children and Family Services shall
  438  establish procedures by rule which shall be used for hearings
  439  requested by residents. The burden of proof is by the
  440  preponderance of the evidence. A hearing officer shall render a
  441  decision within 15 days after receipt of the request for a
  442  hearing, unless:
  443         1. The facility and the resident, or the resident’s legal
  444  guardian or representative, agree to extend the deadline for a
  445  decision; or
  446         2. Good cause to extend the deadline is given by either
  447  party.
  448         (c) If the hearing officer’s decision is favorable to a
  449  resident who has already been relocated or whose residency has
  450  been terminated, the resident must be readmitted to the facility
  451  as soon as a bed is available.
  452         (d) The decision of the hearing officer is final. Any
  453  aggrieved party may appeal the decision to the district court of
  454  appeal in the appellate district where the facility is located.
  455  Review procedures shall be conducted in accordance with the
  456  Florida Rules of Appellate Procedure.
  457         (9) The Department of Children and Family Services may
  458  adopt rules as necessary to administer this section.
  459         (10) This section applies to relocations or terminations of
  460  residency that are initiated by the assisted living facility,
  461  and does not apply to those initiated by the resident or by the
  462  resident’s physician, legal guardian, or representative.
  463         Section 11. Section 429.52, Florida Statutes, is amended to
  464  read:
  465         429.52 Preservice orientation Staff training and
  466  educational programs; core educational requirement.—
  467         (1) Each employee and administrator of an assisted living
  468  facility who is newly hired on or after July 1, 2012, shall
  469  attend a preservice orientation provided by the assisted living
  470  facility which covers topics that enable an employee to relate
  471  and respond to the population of that facility. The orientation
  472  must be at least 2 hours in duration and, at a minimum, cover
  473  the following topics:
  474         (a) Care of persons who have Alzheimer’s disease or other
  475  related disorders;
  476         (b) Deescalation techniques;
  477         (c) Aggression control;
  478         (d) Elopement prevention; and
  479         (e) Behavior management.
  480         (2) Upon completion of the preservice orientation, the
  481  employee and administrator shall sign an affidavit, under
  482  penalty of perjury, stating that he or she has completed the
  483  preservice orientation. The administrator of the assisted living
  484  facility shall maintain the signed affidavit in each employee’s
  485  work file.
  486         (1) Administrators and other assisted living facility staff
  487  must meet minimum training and education requirements
  488  established by the Department of Elderly Affairs by rule. This
  489  training and education is intended to assist facilities to
  490  appropriately respond to the needs of residents, to maintain
  491  resident care and facility standards, and to meet licensure
  492  requirements.
  493         (2) The department shall establish a competency test and a
  494  minimum required score to indicate successful completion of the
  495  training and educational requirements. The competency test must
  496  be developed by the department in conjunction with the agency
  497  and providers. The required training and education must cover at
  498  least the following topics:
  499         (a) State law and rules relating to assisted living
  500  facilities.
  501         (b) Resident rights and identifying and reporting abuse,
  502  neglect, and exploitation.
  503         (c) Special needs of elderly persons, persons with mental
  504  illness, and persons with developmental disabilities and how to
  505  meet those needs.
  506         (d) Nutrition and food service, including acceptable
  507  sanitation practices for preparing, storing, and serving food.
  508         (e) Medication management, recordkeeping, and proper
  509  techniques for assisting residents with self-administered
  510  medication.
  511         (f) Firesafety requirements, including fire evacuation
  512  drill procedures and other emergency procedures.
  513         (g) Care of persons with Alzheimer’s disease and related
  514  disorders.
  515         (3) Effective January 1, 2004, a new facility administrator
  516  must complete the required training and education, including the
  517  competency test, within a reasonable time after being employed
  518  as an administrator, as determined by the department. Failure to
  519  do so is a violation of this part and subjects the violator to
  520  an administrative fine as prescribed in s. 429.19.
  521  Administrators licensed in accordance with part II of chapter
  522  468 are exempt from this requirement. Other licensed
  523  professionals may be exempted, as determined by the department
  524  by rule.
  525         (4) Administrators are required to participate in
  526  continuing education for a minimum of 12 contact hours every 2
  527  years.
  528         (5) Staff involved with the management of medications and
  529  assisting with the self-administration of medications under s.
  530  429.256 must complete a minimum of 4 additional hours of
  531  training provided by a registered nurse, licensed pharmacist, or
  532  department staff. The department shall establish by rule the
  533  minimum requirements of this additional training.
  534         (6) Other facility staff shall participate in training
  535  relevant to their job duties as specified by rule of the
  536  department.
  537         (7) If the department or the agency determines that there
  538  are problems in a facility that could be reduced through
  539  specific staff training or education beyond that already
  540  required under this section, the department or the agency may
  541  require, and provide, or cause to be provided, the training or
  542  education of any personal care staff in the facility.
  543         (8) The department shall adopt rules related to these
  544  training requirements, the competency test, necessary
  545  procedures, and competency test fees and shall adopt or contract
  546  with another entity to develop a curriculum, which shall be used
  547  as the minimum core training requirements. The department shall
  548  consult with representatives of stakeholder associations and
  549  agencies in the development of the curriculum.
  550         (9) The training required by this section shall be
  551  conducted by persons registered with the department as having
  552  the requisite experience and credentials to conduct the
  553  training. A person seeking to register as a trainer must provide
  554  the department with proof of completion of the minimum core
  555  training education requirements, successful passage of the
  556  competency test established under this section, and proof of
  557  compliance with the continuing education requirement in
  558  subsection (4).
  559         (10) A person seeking to register as a trainer must also:
  560         (a) Provide proof of completion of a 4-year degree from an
  561  accredited college or university and must have worked in a
  562  management position in an assisted living facility for 3 years
  563  after being core certified;
  564         (b) Have worked in a management position in an assisted
  565  living facility for 5 years after being core certified and have
  566  1 year of teaching experience as an educator or staff trainer
  567  for persons who work in assisted living facilities or other
  568  long-term care settings;
  569         (c) Have been previously employed as a core trainer for the
  570  department; or
  571         (d) Meet other qualification criteria as defined in rule,
  572  which the department is authorized to adopt.
  573         (11) The department shall adopt rules to establish trainer
  574  registration requirements.
  575         Section 12. Section 429.50, Florida Statutes, is created to
  576  read:
  577         429.50Licensure of assisted living facility
  578  administrators.—
  579         (1) Effective July 1, 2013, an assisted living facility may
  580  not operate in this state unless the facility is under the
  581  management of an assisted living facility administrator who
  582  holds a valid license or provisional license issued by the
  583  Department of Health.
  584         (2) In order to be eligible to be licensed as an assisted
  585  living facility administrator, an applicant must:
  586         (a) Be at least 21 years old;
  587         (b) Meet the educational requirements under subsection (5);
  588         (c) Complete the training requirements in s. 429.521(2);
  589         (d) Pass all required competency tests required in s.
  590  429.521(2) with a minimum score of 80;
  591         (e) Complete background screening pursuant to s. 429.174;
  592  and
  593         (f) Otherwise meet the requirements of this part.
  594         (3)(a) An assisted living facility administrator who has
  595  been employed continuously for at least the 2 years immediately
  596  before July 1, 2012, is eligible for licensure without meeting
  597  the educational requirements of this section and without
  598  completing the core training and passing the competency test
  599  required in s. 429.521(2), if proof of compliance with the
  600  continuing education requirements in this part is submitted to
  601  the Department of Health and the applicant has not been an
  602  administrator of a facility that was cited for a class I or
  603  class II violation within the previous 2 years.
  604         (b) Notwithstanding paragraph (a), an assisted living
  605  facility administrator who has been employed continuously for at
  606  least the 2 years immediately before July 1, 2012, must complete
  607  the mental health training and pass the competency test required
  608  in s. 429.521(2)(c) if the administrator is employed at a
  609  facility that has a mental health license, and the administrator
  610  must complete the supplemental training required in s.
  611  429.521(2)(b) before licensure.
  612         (4)(a) An administrator who is licensed in accordance with
  613  part II of chapter 468 is eligible for licensure without meeting
  614  the educational requirements of this section and without
  615  completing the core training and passing the competency test
  616  required in s. 429.521(2), if proof of compliance with the
  617  continuing education requirements in part II of chapter 468 is
  618  submitted to the Department of Health. Any other licensed
  619  professional may be exempted as determined by the Department of
  620  Health by rule.
  621         (b) Notwithstanding paragraph (a), an administrator who is
  622  licensed in accordance with part II of chapter 468, and any
  623  other licensed professional who is exempted by rule, must
  624  complete the mental health training and pass the competency test
  625  required in s. 429.521(2)(c), if the administrator is employed
  626  at a facility that has a mental health license, and must
  627  complete the supplemental training required in s. 429.521(2)(b)
  628  before licensure.
  629         (5) Before licensure, the applicant must submit to the
  630  Department of Health proof that he or she is at least 21 years
  631  old and has a 4-year baccalaureate degree that includes some
  632  coursework in health care, gerontology, or geriatrics. An
  633  applicant who submits proof to the Department of Health that he
  634  or she has a 4-year baccalaureate degree or a 2-year associate
  635  degree that includes coursework in health care, gerontology, or
  636  geriatrics, and has provided at least 2 years of direct care in
  637  an assisted living facility or nursing home is also eligible for
  638  licensure.
  639         (6) The Department of Health shall issue a license as an
  640  assisted living facility administrator to any applicant who
  641  successfully completes the required training and passes the
  642  competency tests in accordance with s. 429.521, provides the
  643  requisite proof of required education, and otherwise meets the
  644  requirements of this part.
  645         (7) The Department of Health shall establish licensure fees
  646  for licensure as an assisted living facility administrator,
  647  which shall be renewed biennially and may not exceed $250 for
  648  the initial licensure or $250 for each licensure renewal.
  649         (8) The Department of Health may adopt rules as necessary
  650  to administer this section.
  651         Section 13. Section 429.512, Florida Statutes, is created
  652  to read:
  653         429.512Provisional licenses; inactive status.—
  654         (1) The Department of Health may establish by rule
  655  requirements for issuance of a provisional license. A
  656  provisional license may be issued only for the purpose of
  657  filling a position of an assisted living facility administrator
  658  which unexpectedly becomes vacant and may be issued for one
  659  single period as provided by rule, which may not exceed 6
  660  months. The provisional license may be issued to a person who
  661  does not meet all of the licensure requirements established in
  662  s. 429.50, but the Department of Health shall by rule establish
  663  minimal requirements to ensure protection of the public health,
  664  safety, and welfare. The provisional license may be issued to
  665  the person who is designated as the responsible person next in
  666  command if the position of an assisted living facility
  667  administrator becomes vacant. The Department of Health may set
  668  an application fee for a provisional license which may not
  669  exceed $500.
  670         (2) An administrator’s license becomes inactive if the
  671  administrator does not complete the continuing education courses
  672  and pass the corresponding tests within the requisite time or if
  673  the administrator does not timely pay the licensure renewal fee.
  674  An administrator may also apply for inactive license status. The
  675  Department of Health shall adopt rules governing the application
  676  procedures for obtaining an inactive license status, the renewal
  677  of an inactive license, and the reactivation of a license. The
  678  Department of Health shall prescribe by rule an application fee
  679  for inactive license status, a renewal fee for inactive license
  680  status, a delinquency fee, and a fee for reactivating a license.
  681  These fees may not exceed the amount established by the
  682  Department of Health for the biennial renewal fee for an active
  683  license.
  684         (3) The Department of Health may not reactivate a license
  685  unless the inactive or delinquent licensee has completed the
  686  requisite continuing education and passed the corresponding
  687  tests or has paid any applicable biennial renewal or delinquency
  688  fees, and paid the reactivation fee.
  689         Section 14. Section 429.521, Florida Statutes, is created
  690  to read:
  691         429.521Training requirements.—
  692         (1) GENERAL REQUIREMENTS.—
  693         (a) Each administrator, applicant to become assisted living
  694  facility administrator, or staff member of an assisted living
  695  facility must meet minimum training requirements established by
  696  rule by the Department of Elderly Affairs. This training is
  697  intended to assist facilities in appropriately responding to the
  698  needs of residents, maintaining resident care and facility
  699  standards, and meeting licensure requirements.
  700         (b) The department, in conjunction with the Department of
  701  Children and Family Services and stakeholders, shall establish a
  702  standardized core training curriculum that must be completed by
  703  an applicant for licensure as an assisted living facility
  704  administrator. The curriculum must be offered in English and
  705  Spanish, reviewed annually, and updated as needed to reflect
  706  changes in the law, rules, and best practices. The required
  707  training must cover, at a minimum, the following topics:
  708         1. State law and rules relating to assisted living
  709  facilities.
  710         2. Residents’ rights and procedures for identifying and
  711  reporting abuse, neglect, and exploitation.
  712         3. Special needs of elderly persons, persons who have
  713  mental illness, and persons who have developmental disabilities
  714  and how to meet those needs.
  715         4. Nutrition and food service, including acceptable
  716  sanitation practices for preparing, storing, and serving food.
  717         5. Medication management, recordkeeping, and proper
  718  techniques for assisting residents who self-administer
  719  medication.
  720         6. Firesafety requirements, including procedures for fire
  721  evacuation drills and other emergency procedures.
  722         7. Care of persons who have Alzheimer’s disease and related
  723  disorders.
  724         8. Elopement prevention.
  725         9. Aggression and behavior management, deescalation
  726  techniques, and proper protocols and procedures of the Baker Act
  727  as provided in part I of chapter 394.
  728         10. Do not resuscitate orders.
  729         11. Infection control.
  730         12. Admission, continuing residency, and best practices in
  731  the industry.
  732         13. Phases of care and interacting with residents.
  733  
  734  The department, in conjunction with the Department of Children
  735  and Family Services and stakeholders, shall also develop a
  736  supplemental course consisting of topics related to extended
  737  congregate care, limited mental health, and business operations,
  738  including, but not limited to, human resources, financial
  739  management, and supervision of staff, which must completed by an
  740  applicant for licensure as an assisted living facility
  741  administrator.
  742         (c) The department, in conjunction with the Department of
  743  Children and Family Services and stakeholders, shall establish a
  744  standardized core training curriculum for staff members of an
  745  assisted living facility who provide regular or direct care to
  746  residents. This training curriculum must be offered in English
  747  and Spanish, reviewed annually, and updated as needed to reflect
  748  changes in the law, rules, and best practices. The training
  749  curriculum must cover, at a minimum, the following topics:
  750         1. The reporting of major incidents.
  751         2. The reporting of adverse incidents.
  752         3. Emergency procedures, including chain-of-command and
  753  staff roles relating to emergency evacuation.
  754         4. Residents’ rights in an assisted living facility.
  755         5. The recognition and reporting of resident abuse,
  756  neglect, and exploitation.
  757         6. Resident behavior and needs.
  758         7. Assistance with the activities of daily living.
  759         8. Infection control.
  760         9. Aggression and behavior management and deescalation
  761  techniques.
  762         (d) The department, in conjunction with the agency and
  763  stakeholders, shall create two competency tests, one for
  764  applicants for licensure as an assisted living facility
  765  administrator and one for staff members of an assisted living
  766  facility who provide regular or direct care to residents, which
  767  test the individual’s comprehension of the training required in
  768  paragraphs (b) and (c). The competency tests must be reviewed
  769  annually and updated as needed to reflect changes in the law,
  770  rules, and best practices. The competency tests must be offered
  771  in English and Spanish and may be made available through testing
  772  centers.
  773         (e) The department, in conjunction with the Department of
  774  Children and Family Services and stakeholders, shall develop a
  775  comprehensive, standardized training curriculum and competency
  776  test to satisfy the requirements for mental health training in
  777  subsections (2) and (3). The curriculum and test must be
  778  reviewed annually and updated as needed to reflect changes in
  779  the law, rules, and best practices. The competency test must be
  780  offered in English and Spanish and may be made available online
  781  or through testing centers.
  782         (f) The department, in conjunction with the Department of
  783  Children and Family Services and stakeholders, shall establish
  784  curricula for continuing education for administrators and staff
  785  members of an assisted living facility. Continuing education
  786  shall include topics similar to that of the core training
  787  required for staff members and applicants for licensure as
  788  assisted living facility administrators. Required continuing
  789  education must, at a minimum, cover the following topics:
  790         1. Elopement prevention;
  791         2. Deescalation techniques; and
  792         3. Phases of care and interacting with residents.
  793         (g) The department shall ensure that all continuing
  794  education curricula include a test upon completion of the
  795  training which demonstrates comprehension of the training. The
  796  training and the test must be offered in English and Spanish,
  797  reviewed annually, and updated as needed to reflect changes in
  798  the law, rules, and best practices. Continuing education and the
  799  required test may be offered through online courses and any fees
  800  associated to the online service shall be borne by the
  801  participant or the participant’s employer.
  802         (h) The department shall adopt rules related to training
  803  requirements, competency tests, necessary procedures, and
  804  training and testing fees.
  805         (2) ADMINISTRATORS AND APPLICANTS FOR LICENSURE AS AN
  806  ASSISTED LIVING FACILITY ADMINISTRATOR.—
  807         (a) An applicant for licensure as an assisted living
  808  facility administrator shall complete a minimum of 40 hours of
  809  core training that covers the required topics provided for in
  810  paragraph (1)(b).
  811         (b) In addition to the required 40 hours of core training,
  812  each applicant must complete a minimum of 10 hours of
  813  supplemental training related to extended congregate care,
  814  limited mental health, and business operations, including, but
  815  not limited to, human resources, financial management, and
  816  supervision of staff.
  817         (c) An applicant shall take a competency test that assesses
  818  the applicant’s knowledge and comprehension of the required
  819  training provided for in paragraphs (a) and (b). A minimum score
  820  of 80 is required to show successful completion of the training
  821  requirements of this subsection. The applicant taking the test
  822  is responsible for any testing fees.
  823         (d) If an applicant for licensure as an assisted living
  824  facility administrator fails any competency test, the individual
  825  must wait at least 10 days before retaking the test. If the
  826  applicant fails a competency test three times, the individual
  827  must retake the applicable training before retaking the test.
  828         (e) A licensed administrator shall receive at least 1 hour
  829  of inservice training regarding the facility’s policies and
  830  procedures related to resident elopement response within 30 days
  831  after employment at a facility. Each administrator must be
  832  provided a copy of the facility’s policies and procedures
  833  related to resident elopement response and shall demonstrate an
  834  understanding and competency in the implementation of these
  835  policies and procedures.
  836         (f) Each licensed administrator of an assisted living
  837  facility that has a limited mental health license must complete
  838  a minimum of 8 hours of mental health training and pass a
  839  competency test related to the training within 30 days after
  840  employment at the facility. A minimum score of 80 is required to
  841  show successful passage of the mental health competency test. An
  842  administrator who does not pass the test within 6 months after
  843  completing the mental health training is ineligible to be an
  844  administrator of an assisted living facility that has a limited
  845  mental health license until the administrator achieves a passing
  846  score. The competency test may be made available online or
  847  through testing centers and must be offered in English and
  848  Spanish.
  849         (g) A licensed administrator of an assisted living facility
  850  that has an extended congregate care license must complete a
  851  minimum of 6 hours of extended congregate care training within
  852  30 days after employment.
  853         (h) A licensed administrator of an assisted living facility
  854  that has a limited nursing services license must complete a
  855  minimum of 4 hours of training related to the special needs and
  856  care of those persons who require limited nursing services
  857  within 30 days after employment.
  858         (i) A licensed administrator must participate in continuing
  859  education for a minimum of 18 contact hours every 2 years and
  860  pass the corresponding test upon completion of the continuing
  861  education course with a minimum score of 80. Completion of all
  862  continuing education and a passing score on any corresponding
  863  tests must be achieved before license renewal. Continuing
  864  education may be offered through online courses, and any fees
  865  associated to the online service shall be borne by the
  866  participant or the participant’s employer.
  867         (3) STAFF TRAINING.—
  868         (a) Each staff member of an assisted living facility shall
  869  receive at least 1 hour of inservice training regarding the
  870  facility’s policies and procedures related to resident elopement
  871  response within 30 days after employment. Each staff member must
  872  be provided a copy of the facility’s policies and procedures
  873  related to resident elopement response and shall demonstrate an
  874  understanding and competency in the implementation of these
  875  policies and procedures.
  876         (b) Each staff member of an assisted living facility who is
  877  hired on or after July 1, 2012, and who provides regular or
  878  direct care to residents, shall complete a minimum of 20 hours
  879  of core training within 90 days after employment at a facility.
  880  The department may exempt nurses, certified nursing assistants,
  881  or home health aides who can demonstrate completion of training
  882  that is substantially similar to that of the core training
  883  required in this paragraph.
  884         (c) Each staff member of an assisted living facility who is
  885  hired on or after July 1, 2012, and who provides regular or
  886  direct care to residents, must take a competency test within 90
  887  days after employment at a facility which assesses the
  888  individual’s knowledge and comprehension of the required
  889  training provided for in paragraph (b). A minimum score of 70 on
  890  the competency test is required to show successful completion of
  891  the training requirements. If a staff member fails the
  892  competency test, the individual must wait at least 10 days
  893  before retaking the test. If a staff member fails the competency
  894  test three times, the individual must retake the initial core
  895  training before retaking the test. If a staff member does not
  896  pass the competency test within 1 year after employment, the
  897  individual may not provide regular or direct care to residents
  898  until the individual successfully passes the test. The
  899  individual taking the test is responsible for any testing fees.
  900         (d) A staff member of an assisted living facility that has
  901  a limited mental health license who provides regular or direct
  902  care to residents must complete a minimum of 8 hours of mental
  903  health training within 30 days after employment. Within 30 days
  904  after this training, the staff member must pass a competency
  905  test related to the mental health training with a minimum score
  906  of 70. If a staff member does not pass the competency test, the
  907  individual may not provide regular or direct care to residents
  908  until the individual successfully passes the test. The
  909  competency test may be made available online or through testing
  910  centers and must be offered in English and Spanish.
  911         (e) A staff member of an assisted living facility who
  912  prepares or serves food must receive a minimum of 1 hour of
  913  inservice training in safe food handling practices within 30
  914  days after employment.
  915         (f) A staff member of an assisted living facility who
  916  manages medications and assists with the self-administration of
  917  medications under s. 429.256 must complete, within 30 days after
  918  employment, a minimum of 4 additional hours of training provided
  919  by a registered nurse, licensed pharmacist, or department staff.
  920  The department shall establish by rule the minimum requirements
  921  for this training, including continuing education requirements.
  922         (g) Other staff members of an assisted living facility
  923  shall participate in training relevant to their job duties as
  924  specified by rule of the department.
  925         (h) If the department or the agency determines that there
  926  are problems in a facility which could be reduced through
  927  specific staff training beyond that already required under this
  928  subsection, the department or the agency may require and
  929  provide, or cause to be provided, additional training of any
  930  staff member in the facility.
  931         (i) Each staff member of an assisted living facility who
  932  provides regular or direct care to residents must participate in
  933  continuing education for a minimum of 10 contact hours every 2
  934  years and pass the corresponding test upon completion of the
  935  continuing education course with a minimum score of 70. If an
  936  individual does not complete all required continuing education
  937  and pass any corresponding tests within the requisite time
  938  period, the individual may not provide regular or direct care to
  939  residents until the individual does so. Continuing education may
  940  be offered through online courses and any fees associated to the
  941  online service shall be borne by the participant or the
  942  participant’s employer.
  943         Section 15. Section 429.522, Florida Statutes, is created
  944  to read:
  945         429.522Training providers; certification.—
  946         (1) DEFINITIONS.—As used in this section, the term:
  947         (a) “Trainer certification” means a professional credential
  948  awarded to individuals demonstrating competency in the assisted
  949  living facility practice area by a department-approved third
  950  party credentialing entity.
  951         (b) “Competency” means the minimum knowledge, skills, and
  952  abilities necessary to perform work responsibilities.
  953         (c) “Curriculum” means the minimum statewide training
  954  content that is based upon the competencies and is made
  955  available to persons providing services at an assisted living
  956  facility.
  957         (d) “Third-party credentialing entity” means a department
  958  approved nonprofit organization that has met nationally
  959  recognized standards for developing and administering
  960  professional certification programs.
  961         (2) THIRD-PARTY CREDENTIALING ENTITIES.—The department
  962  shall approve and provide oversight for one or more third-party
  963  credentialing entities for the purpose of developing and
  964  administering trainer certification programs for persons
  965  providing training to applicants for licensure as an assisted
  966  living facility administrator, to administrators of an assisted
  967  living facility, and to staff members of an assisted living
  968  facility. A third-party credentialing entity shall request this
  969  approval in writing from the department. In order to obtain
  970  approval, the third-party credentialing entity shall:
  971         (a) Establish professional requirements and standards that
  972  applicants must achieve in order to obtain trainer certification
  973  and to maintain such certification. At a minimum, an applicant
  974  shall meet one of the following requirements:
  975         1. Provide proof of completion of a 4-year baccalaureate
  976  degree from an accredited college or university and have worked
  977  in a management position in an assisted living facility for at
  978  least 3 years after obtaining core trainer certification;
  979         2. Have worked in a management position in an assisted
  980  living facility for at least 5 years after obtaining core
  981  trainer certification and have at least 1 year of teaching
  982  experience as an educator or staff trainer for persons who work
  983  in assisted living facilities or other long-term care settings;
  984         3. Have been previously certified as a core trainer for the
  985  department;
  986         4. Have a minimum of 5 years of employment with the agency,
  987  or the former Department of Health and Rehabilitative Services,
  988  as a surveyor of assisted living facilities;
  989         5. Have a minimum of 5 years of employment in a
  990  professional position in the agency’s assisted living unit;
  991         6. Have a minimum of 5 years of employment as an educator
  992  or staff trainer for persons working in an assisted living
  993  facility or other long-term care setting;
  994         7. Have a minimum of 5 years of employment as a core
  995  trainer for an assisted living facility, which employment was
  996  not directly associated with the department; or
  997         8. Provide proof of at least a 4-year baccalaureate degree
  998  from an accredited college or university in the areas of health
  999  care, gerontology, social work, education, or human services,
 1000  and a minimum of 4 years of experience as an educator or staff
 1001  trainer for persons who work in an assisted living facility or
 1002  other long-term care setting after receiving core trainer
 1003  certification.
 1004         (b) Apply competencies according to the department’s
 1005  standards as provided in s. 429.521.
 1006         (c) Maintain a professional code of ethics and establish a
 1007  disciplinary process and a decertification process that applies
 1008  to all persons holding trainer certification.
 1009         (d) Maintain a database, accessible to the public, of all
 1010  persons who have trainer certification, including any history of
 1011  violations.
 1012         (e) Require annual continuing education for persons who
 1013  have trainer certification.
 1014         (f) Administer a continuing education provider program to
 1015  ensure that only qualified providers offer continuing education
 1016  opportunities for certificateholders.
 1017         (3) TRAINER CERTIFICATION.—Effective July 1, 2013, an
 1018  individual seeking trainer certification must provide the third
 1019  party credentialing entity with, at a minimum, proof of:
 1020         (a) Completion of the minimum core training requirements in
 1021  s. 429.521(2) and successful passage of the corresponding
 1022  competency tests with a minimum score of 80;
 1023         (b) Compliance with the continuing education requirements
 1024  in s. 429.521(2); and
 1025         (c) Compliance with the professional requirements and
 1026  standards required in paragraph (2)(a).
 1027         (4) ADOPTION OF RULES.—The department shall adopt rules
 1028  necessary to administer this section.
 1029         Section 16. Section 429.55, Florida Statutes, is created to
 1030  read:
 1031         429.55Electronic monitoring of resident’s room.—
 1032         (1) DEFINITIONS.—As used in this section, the term:
 1033         (a) “Authorized electronic monitoring” means the placement
 1034  of an electronic monitoring device in the room of a resident of
 1035  an assisted living facility and the making of tapes or
 1036  recordings through use of the device after making a request to
 1037  the facility and obtaining all necessary consent to allow
 1038  electronic monitoring.
 1039         (b) “Electronic monitoring device” means video surveillance
 1040  cameras or audio devices installed in the room of a resident
 1041  which are designed to acquire communications or other sounds
 1042  occurring in the room. The term does not include an electronic,
 1043  mechanical, or other device that is specifically used for the
 1044  nonconsensual interception of wire or electronic communications.
 1045         (2) COVERT USE OF ELECTRONIC MONITORING DEVICE.—For
 1046  purposes of this section, the placement and use of an electronic
 1047  monitoring device in the room of a resident is considered to be
 1048  covert if:
 1049         (a) The placement and use of the device is not open and
 1050  obvious; and
 1051         (b) The facility and the agency are not informed about the
 1052  device by the resident, by a person who placed the device in the
 1053  room, or by a person who is using the device.
 1054  
 1055  The agency and the facility are not civilly liable in connection
 1056  with the covert placement or use of an electronic monitoring
 1057  device in the room of the resident.
 1058         (3) REQUIRED FORM ON ADMISSION.—The agency shall prescribe
 1059  by rule a form that must be completed and signed upon a
 1060  resident’s admission to a facility by or on behalf of the
 1061  resident. The form must state:
 1062         (a) That a person who places an electronic monitoring
 1063  device in the room of a resident or who uses or discloses a tape
 1064  or other recording made by the device may be civilly liable for
 1065  any unlawful violation of the privacy rights of another;
 1066         (b) That a person who covertly places an electronic
 1067  monitoring device in the room of a resident or who consents to
 1068  or acquiesces in the covert placement of the device in the room
 1069  of a resident has waived any privacy right the person may have
 1070  had in connection with images or sounds that may be acquired by
 1071  the device;
 1072         (c) That a resident or the resident’s guardian or legal
 1073  representative is entitled to conduct authorized electronic
 1074  monitoring under this section and that, if the facility refuses
 1075  to permit the electronic monitoring or fails to make reasonable
 1076  physical accommodations for the authorized electronic
 1077  monitoring, the person should contact the agency. The form must
 1078  also provide the agency’s contact information;
 1079         (d) The basic procedures that must be followed in order to
 1080  request authorized electronic monitoring;
 1081         (e) That the electronic monitoring device and all
 1082  installation and maintenance costs must be paid for by the
 1083  resident or the resident’s guardian or legal representative;
 1084         (f) The legal requirement to report abuse or neglect when
 1085  electronic monitoring is being conducted; and
 1086         (g) Any other information regarding covert or authorized
 1087  electronic monitoring which the agency considers advisable to
 1088  include on the form.
 1089         (4) AUTHORIZATION AND CONSENT.—
 1090         (a) If a resident has the capacity to request electronic
 1091  monitoring and has not been judicially declared to lack the
 1092  required capacity, only the resident may request authorized
 1093  electronic monitoring under this section, notwithstanding the
 1094  terms of any durable power of attorney or similar instrument.
 1095         (b) If a resident has been judicially declared to lack the
 1096  capacity required for taking an action, such as requesting
 1097  electronic monitoring, only the guardian of the resident may
 1098  request electronic monitoring under this section.
 1099         (c) If a resident does not have capacity to request
 1100  electronic monitoring but has not been judicially declared to
 1101  lack the required capacity, only the legal representative of the
 1102  resident may request electronic monitoring under this section.
 1103         (d) A resident or the guardian or legal representative of a
 1104  resident who wishes to conduct authorized electronic monitoring
 1105  must make the request to the facility on a form prescribed by
 1106  the agency.
 1107         (e) The form prescribed by the agency must require the
 1108  resident or the resident’s guardian or legal representative to:
 1109         1. Release the facility from any civil liability for a
 1110  violation of the resident’s privacy rights in connection with
 1111  the use of the electronic monitoring device;
 1112         2. If the electronic monitoring device is a video
 1113  surveillance camera, choose whether the camera will always be
 1114  unobstructed or whether the camera should be obstructed in
 1115  specified circumstances in order to protect the dignity of the
 1116  resident; and
 1117         3. Obtain the consent of the other residents in the room,
 1118  using a form prescribed for this purpose by the agency, if the
 1119  resident resides in a multiperson room.
 1120         (f) Consent under subparagraph (e)3. may be given only by:
 1121         1. The other resident or residents in the room;
 1122         2. The guardian of the other resident in the room, if the
 1123  person has been judicially declared to lack the required
 1124  capacity to consent; or
 1125         3. The legal representative of the other resident in the
 1126  room, if the person does not have capacity to sign the form but
 1127  has not been judicially declared to lack the required capacity
 1128  to consent.
 1129         (g) The form prescribed by the agency under subparagraph
 1130  (e)3. must condition the consent of another resident in the room
 1131  on the other resident also releasing the facility from any civil
 1132  liability for a violation of the person’s privacy rights in
 1133  connection with the use of the electronic monitoring device.
 1134         (h) Another resident in the room may:
 1135         1. If the proposed electronic monitoring device is a video
 1136  surveillance camera, condition consent on the camera being
 1137  pointed away from the consenting resident; and
 1138         2. Condition consent on the use of an audio electronic
 1139  monitoring device being limited or prohibited.
 1140         (i) If authorized electronic monitoring is being conducted
 1141  in the room of a resident and another resident is moved into the
 1142  room who has not yet consented to the electronic monitoring,
 1143  authorized electronic monitoring must cease until the new
 1144  resident has consented in accordance with this subsection.
 1145         (j) Authorized electronic monitoring may not commence until
 1146  all request and consent forms required by this subsection have
 1147  been completed and returned to the facility, and the monitoring
 1148  must be conducted in accordance with any limitation placed on
 1149  the monitoring as a condition of the consent given by or on
 1150  behalf of another resident in the room.
 1151         (k) The agency may include other information that the
 1152  agency considers to be appropriate on any of the forms that the
 1153  agency is required to prescribe under this subsection.
 1154         (l) The agency shall adopt rules to administer this
 1155  subsection.
 1156         (5) AUTHORIZED ELECTRONIC MONITORING; GENERAL PROVISIONS.—
 1157         (a) A facility shall allow a resident or the resident’s
 1158  guardian or legal representative to monitor the room of the
 1159  resident through the use of electronic monitoring devices.
 1160         (b) The facility shall require a resident who conducts
 1161  authorized electronic monitoring or the resident’s guardian or
 1162  legal representative to post and maintain a conspicuous notice
 1163  at the entrance of the resident’s room which states that the
 1164  room is being monitored by an electronic monitoring device.
 1165         (c) Authorized electronic monitoring conducted under this
 1166  section is not compulsory and may be conducted only at the
 1167  request of the resident or the resident’s guardian or legal
 1168  representative.
 1169         (d) A facility may not refuse to admit an individual to
 1170  residency in the facility and may not remove a resident from the
 1171  facility because of a request to conduct authorized electronic
 1172  monitoring.
 1173         (e) A facility shall make reasonable physical
 1174  accommodations for authorized electronic monitoring, including
 1175  providing:
 1176         1. A reasonably secure place to mount the video
 1177  surveillance camera or other electronic monitoring device; and
 1178         2. Access to power sources for the video surveillance
 1179  camera or other electronic monitoring device.
 1180         (f) A facility may require an electronic monitoring device
 1181  to be installed in a manner that is safe for residents,
 1182  employees, or visitors who may be moving about a room.
 1183         (g) If authorized electronic monitoring is conducted, the
 1184  facility may require the resident or the resident’s guardian or
 1185  legal representative to conduct the electronic monitoring in
 1186  plain view.
 1187         (h) A facility may place a resident in a different room in
 1188  order to accommodate a request to conduct authorized electronic
 1189  monitoring.
 1190         (6) REPORTING ABUSE AND NEGLECT.—A person shall report
 1191  abuse to the central abuse hotline of the Department of Children
 1192  and Family Services pursuant to s. 415.103 based on the person’s
 1193  viewing of or listening to a tape or recording by an electronic
 1194  monitoring device if the incident of abuse is acquired on the
 1195  tape or recording. A person shall report neglect to the central
 1196  abuse hotline pursuant to s. 415.103 based on the person’s
 1197  viewing of or listening to a tape or recording by an electronic
 1198  monitoring device if it is clear from viewing or listening to
 1199  the tape or recording that neglect has occurred. If a person
 1200  reports abuse or neglect to the central abuse hotline pursuant
 1201  to this subsection, the person shall also send to the agency a
 1202  copy of the tape or recording which indicates the reported abuse
 1203  or neglect.
 1204         (7) USE OF TAPE OR RECORDING.—
 1205         (a) Subject to applicable rules of evidence and procedure
 1206  and the requirements of this subsection, a tape or recording
 1207  created through the use of covert or authorized electronic
 1208  monitoring may be admitted into evidence in a civil or criminal
 1209  court action or administrative proceeding.
 1210         (b) A court or administrative agency may not admit into
 1211  evidence a tape or recording created through the use of covert
 1212  or authorized electronic monitoring or take or authorize action
 1213  based on the tape or recording unless:
 1214         1. The tape or recording shows the time and date that the
 1215  events acquired on the tape or recording occurred;
 1216         2. The contents of the tape or recording have not been
 1217  edited or artificially enhanced; and
 1218         3. If the contents of the tape or recording have been
 1219  transferred from the original format to another technological
 1220  format, the transfer was done by a qualified professional and
 1221  the contents of the tape or recording were not altered.
 1222         (c) A person who sends more than one tape or recording to
 1223  the agency shall identify for the agency each tape or recording
 1224  on which the person believes that an incident of abuse or
 1225  evidence of neglect may be found.
 1226         (8) REQUIRED NOTICE.—Each facility shall post a notice at
 1227  the entrance to the facility stating that the rooms of some
 1228  residents are monitored electronically by or on behalf of the
 1229  residents and that the monitoring is not necessarily open and
 1230  obvious.
 1231         (9) ENFORCEMENT.—The agency may impose appropriate
 1232  administrative sanctions under this part against an
 1233  administrator of a facility who knowingly:
 1234         (a) Refuses to permit a resident or the resident’s guardian
 1235  or legal representative to conduct authorized electronic
 1236  monitoring;
 1237         (b) Refuses to admit an individual to residency or allows
 1238  the removal of a resident from the facility because of a request
 1239  to conduct authorized electronic monitoring; or
 1240         (c) Violates another provision of this section.
 1241         (10) RULES.—The agency shall adopt rules as necessary to
 1242  administer this section.
 1243         Section 17. This act shall take effect July 1, 2012.
 1244  
 1245  ================= T I T L E  A M E N D M E N T ================
 1246         And the title is amended as follows:
 1247         Delete everything before the enacting clause
 1248  and insert:
 1249                        A bill to be entitled                      
 1250         An act relating to assisted living facilities;
 1251         amending s. 394.4574, F.S.; requiring that the case
 1252         manager assigned to a mental health resident of an
 1253         assisted living facility that holds a limited mental
 1254         health license keep a record of the date and time of
 1255         face-to-face interactions with the mental health
 1256         resident and make the record available to the
 1257         Department of Children and Family Services for
 1258         inspection; requiring that the record be maintained
 1259         for a specified number of years; requiring that the
 1260         department ensure that there is adequate and
 1261         consistent monitoring and enforcement of community
 1262         living support plans and cooperative agreements;
 1263         amending s. 400.0078, F.S.; requiring that, upon
 1264         admission to a long-term care facility, a resident or
 1265         his or her representative receive information
 1266         regarding the confidentiality of any complainant’s
 1267         identity and the subject matter of the complaint;
 1268         amending s. 415.103, F.S.; requiring that the
 1269         department maintain a central abuse hotline that
 1270         receives all reports made regarding incidents of abuse
 1271         or neglect which are recorded by an electronic
 1272         monitoring device in a resident’s room of an assisted
 1273         living facility; amending s. 415.1034, F.S.; requiring
 1274         that certain employees or agents of any state or local
 1275         agency report the abuse, neglect, or exploitation of a
 1276         vulnerable adult to the central abuse hotline;
 1277         amending s. 429.02, F.S.; defining the term “mental
 1278         health professional” as it relates to the Assisted
 1279         Living Facilities Act; amending s. 429.075, F.S.;
 1280         requiring that an assisted living facility that serves
 1281         any mental health resident obtain a limited mental
 1282         health license; revising the training requirements for
 1283         administrators and staff members of a facility that is
 1284         licensed to provide services to mental health
 1285         residents; amending ss. 429.176 and 429.178, F.S.;
 1286         conforming cross-references; amending s. 429.28, F.S.;
 1287         revising the bill of rights for residents of assisted
 1288         living facilities with regard to notice of relocation
 1289         or termination of residency and placement of an
 1290         electronic monitoring device in the resident’s room;
 1291         revising requirements for a written notice of the
 1292         rights, obligations, and prohibitions which is
 1293         provided to a resident of an assisted living facility;
 1294         creating s. 429.281, F.S.; providing definitions;
 1295         requiring that an assisted living facility comply with
 1296         notice of relocation or termination of residency from
 1297         the facility when a decision is made to relocate or
 1298         terminate the residency of a resident; providing
 1299         requirements and procedures for notice and a hearing
 1300         with regard to relocation of a resident or termination
 1301         of the residency of a resident; requiring that the
 1302         Department of Children and Family Services adopt
 1303         rules; providing for application; amending s. 429.52,
 1304         F.S.; requiring that a newly hired employee or
 1305         administrator of an assisted living facility attend a
 1306         preservice orientation provided by the assisted living
 1307         facility; providing topics that must be covered in the
 1308         preservice orientation; requiring that the employee
 1309         and administrator sign an affidavit upon completion of
 1310         the preservice orientation; requiring that the
 1311         administrator of the assisted living facility maintain
 1312         the signed affidavit in each employee’s work file;
 1313         deleting provisions regarding minimum training and
 1314         core educational requirements for administrators and
 1315         other staff; deleting provisions requiring the
 1316         Department of Elderly Affairs to establish training
 1317         requirements and a competency test by rule; deleting
 1318         provisions governing the registration of persons
 1319         providing training; creating s. 429.50, F.S.;
 1320         effective July 1, 2013, prohibiting an assisted living
 1321         facility from operating unless it is under the
 1322         management of an administrator who holds a valid
 1323         license or provisional license issued by the
 1324         Department of Health; providing eligibility
 1325         requirements to be licensed as an assisted living
 1326         facility administrator; providing an exception from
 1327         the requirement to complete the educational and core
 1328         training requirements and pass a competency test;
 1329         providing additional requirements for licensure as an
 1330         administrator of an assisted living facility that has
 1331         a mental health license; providing that an
 1332         administrator licensed under part II of ch. 468, F.S.,
 1333         is exempt from certain educational and core training
 1334         requirements and the required competency test;
 1335         providing additional licensure requirements for an
 1336         administrator licensed under part II of ch. 468, F.S.,
 1337         who is employed at an assisted living facility that
 1338         has a mental health license; providing that other
 1339         licensed professionals may be exempted, as determined
 1340         by rule by the Department of Health; requiring that
 1341         the Department of Health issue a license to an
 1342         applicant who successfully completes the training,
 1343         passes the competency tests, and provides proof of the
 1344         required education; requiring that the Department of
 1345         Health establish licensure fees for licensure as an
 1346         assisted living facility administrator; authorizing
 1347         the Department of Health to adopt rules; creating s.
 1348         429.512, F.S.; authorizing the Department of Health to
 1349         establish requirements for issuing a provisional
 1350         license; providing the conditions under which a
 1351         provisional license is issued; authorizing the
 1352         Department of Health to set an application fee;
 1353         providing conditions under which an administrator’s
 1354         license becomes inactive; requiring that the
 1355         Department or Health adopt rules governing application
 1356         procedures for inactive licenses, the renewal of
 1357         inactive licenses, and the reactivation of licenses;
 1358         requiring that the Department of Health establish
 1359         application fees for inactive license status, a
 1360         renewal fee for inactive license status, a delinquency
 1361         fee, and a fee for the reactivation of a license;
 1362         prohibiting the Department of Health from reactivating
 1363         a license unless the licensee pays the required fees;
 1364         creating s. 429.521, F.S.; requiring that each
 1365         administrator, applicant to become an assisted living
 1366         facility administrator, and staff member of an
 1367         assisted living facility meet minimum training
 1368         requirements established by the Department of Elderly
 1369         Affairs; requiring that the department, in conjunction
 1370         with the Department of Children and Family Services
 1371         and stakeholders, establish a standardized core
 1372         training curriculum to be completed by an applicant
 1373         for licensure as an assisted living facility
 1374         administrator; providing minimum requirements for the
 1375         training curriculum; requiring that the Department of
 1376         Elderly Affairs, in conjunction with the Department of
 1377         Children and Family Services and stakeholders, develop
 1378         a supplemental course consisting of topics related to
 1379         extended congregate care, limited mental health, and
 1380         business operations; requiring that the Department of
 1381         Elderly Affairs, in conjunction with the Department of
 1382         Children and Family Services and stakeholders,
 1383         establish a standardized core training curriculum for
 1384         staff members who provide regular or direct care to
 1385         residents of an assisted living facility; providing
 1386         requirements for the training curriculum; requiring
 1387         that the Department of Elderly Affairs, in conjunction
 1388         with the Agency for Health Care Administration and
 1389         stakeholders, create competency tests to test an
 1390         individual’s comprehension of the training; providing
 1391         requirements for the competency tests; requiring that
 1392         the Department of Elderly Affairs, in conjunction with
 1393         the Department of Children and Family Services,
 1394         develop a comprehensive, standardized training
 1395         curriculum and competency test to satisfy the
 1396         requirements for mental health training; requiring
 1397         that the Department of Elderly Affairs, in conjunction
 1398         with the Department of Children and Family Services
 1399         and stakeholders, establish curricula for continuing
 1400         education for administrators and staff members of an
 1401         assisted living facility; providing minimum
 1402         requirements for the required continuing education;
 1403         requiring that the Department of Elderly Affairs
 1404         ensure that all continuing education curricula include
 1405         a test upon completion of the training which
 1406         demonstrates comprehension of the training; requiring
 1407         the Department of Elderly Affairs to adopt rules;
 1408         requiring that an applicant for licensure as an
 1409         assisted living facility administrator complete a
 1410         minimum number of hours of training and take a
 1411         competency test; providing a minimum passing score for
 1412         the competency test; providing requirements for an
 1413         applicant who fails the competency test; requiring
 1414         that a licensed administrator receive inservice
 1415         training regarding the facility’s policies and
 1416         procedures related to resident elopement response;
 1417         requiring that a licensed administrator of an assisted
 1418         living facility that has a limited mental health
 1419         license complete a minimum number of hours of mental
 1420         health training and pass a competency test related to
 1421         the training; requiring that a licensed administrator
 1422         of an assisted living facility that has an extended
 1423         congregate care license complete a minimum number of
 1424         hours of extended congregate care training; requiring
 1425         that a licensed administrator of an assisted living
 1426         facility that has a limited nursing services license
 1427         complete a minimum number of hours of training related
 1428         to the special needs and care of those persons who
 1429         require limited nursing services; requiring that a
 1430         licensed administrator participate in continuing
 1431         education for a minimum number of contact hours and
 1432         pass the corresponding test upon completion of the
 1433         continuing education course; requiring that a staff
 1434         member of an assisted living facility receive
 1435         inservice training regarding the facility’s policies
 1436         and procedures related to resident elopement response;
 1437         requiring that certain staff members of an assisted
 1438         living facility complete a minimum number of hours of
 1439         core training; providing for exemptions; requiring
 1440         that certain staff members of an assisted living
 1441         facility take a competency test that assesses the
 1442         staff member’s knowledge and comprehension of the
 1443         required core training; providing a minimum passing
 1444         score for the competency test; providing requirements
 1445         for a staff member who fails the competency test;
 1446         requiring that a staff member who provides regular or
 1447         direct care to residents of an assisted living
 1448         facility that has a limited mental health license
 1449         complete a minimum number of hours of mental health
 1450         training and take a competency test; providing a
 1451         minimum passing score; prohibiting a staff member from
 1452         providing direct care to residents until the staff
 1453         member passes the competency test; requiring that a
 1454         staff member of an assisted living facility who
 1455         prepares or serves food receive inservice training in
 1456         safe food handling practices; requiring that a staff
 1457         member of an assisted living facility who manages
 1458         medications and assists with the self-administration
 1459         of medications complete training provided by a
 1460         registered nurse, licensed pharmacist, or department
 1461         staff; requiring that the Department of Elderly
 1462         Affairs establish requirements for the training;
 1463         requiring that other staff members of an assisted
 1464         living facility participate in training relevant to
 1465         their job duties as specified by rule of the
 1466         department; authorizing the Department of Elderly
 1467         Affairs or the Agency for Health Care Administration
 1468         to provide additional training if necessary; requiring
 1469         that staff members who provide regular or direct care
 1470         to residents of an assisted living facility
 1471         participate in continuing education and pass the
 1472         corresponding test upon completion of the continuing
 1473         education course; prohibiting a staff member from
 1474         providing regular or direct care to residents under
 1475         certain conditions; creating s. 429.522, F.S.;
 1476         providing definitions; requiring that the Department
 1477         of Elderly Affairs approve and provide oversight for
 1478         third-party credentialing entities for the purpose of
 1479         developing and administering trainer certification
 1480         programs for persons providing training to applicants
 1481         for licensure as an assisted living facility
 1482         administrator, to administrators of an assisted living
 1483         facility, and to staff members of an assisted living
 1484         facility; requiring that a third-party credentialing
 1485         entity meet certain requirements in order to obtain
 1486         approval for developing and administering the trainer
 1487         certification programs; requiring that an individual
 1488         seeking trainer certification provide a third-party
 1489         credentialing entity with proof of certain
 1490         requirements; requiring that the Department of Elderly
 1491         Affairs adopt rules; creating s. 429.55, F.S.;
 1492         providing definitions; defining when an electronic
 1493         monitoring device that is placed in the room of a
 1494         resident of an assisted living facility is considered
 1495         to be covert; providing that the Agency for Health
 1496         Care Administration and the facility are not civilly
 1497         liable in connection with the covert placement or use
 1498         of an electronic monitoring device in the room of the
 1499         resident; requiring that the agency prescribe by rule
 1500         a form that must be completed and signed when a
 1501         resident is admitted to a facility; providing
 1502         requirements for the form; authorizing certain persons
 1503         to request electronic monitoring; providing for the
 1504         form prescribed by the agency to require that the
 1505         resident release the facility from any civil liability
 1506         for a violation of the resident’s privacy rights in
 1507         connection with the use of the electronic monitoring
 1508         device, choose whether the camera will be
 1509         unobstructed, and obtain the consent of the other
 1510         residents in the room if the resident resides in a
 1511         multiperson room; requiring prior consent under
 1512         certain circumstances; requiring that the agency adopt
 1513         rules; requiring that the facility allow a resident or
 1514         the resident’s guardian or legal representative to
 1515         monitor the room of the resident through the use of
 1516         electronic monitoring devices; requiring that the
 1517         facility require a resident who conducts authorized
 1518         electronic monitoring to post a conspicuous notice at
 1519         the entrance of the resident’s room; providing that
 1520         electronic monitoring of the room of a resident is not
 1521         compulsory; prohibiting a facility from refusing to
 1522         admit an individual to residency in the facility or
 1523         from removing a resident from the facility because of
 1524         a request to conduct authorized electronic monitoring;
 1525         requiring that a facility make reasonable physical
 1526         accommodations for authorized electronic monitoring;
 1527         authorizing a facility to require that an electronic
 1528         monitoring device be installed in a manner that is
 1529         safe; authorizing a facility to require that a
 1530         resident conduct electronic monitoring in plain view;
 1531         authorizing a facility to place a resident in a
 1532         different room in order to accommodate a request to
 1533         conduct authorized electronic monitoring; requiring
 1534         that a person report abuse or neglect to the central
 1535         abuse hotline of the Department of Children and Family
 1536         Services based on the person’s viewing of or listening
 1537         to a tape or recording; providing requirements for
 1538         reporting the abuse or neglect; providing that a tape
 1539         or recording created through the use of covert or
 1540         authorized electronic monitoring may be admitted into
 1541         evidence in a civil or criminal court action or
 1542         administrative proceeding; providing requirements for
 1543         such admission; requiring that each facility post a
 1544         notice at the entrance to the facility stating that
 1545         the rooms of some residents are monitored
 1546         electronically by or on behalf of the residents;
 1547         authorizing the Agency for Health Care Administration
 1548         to impose administrative sanctions against an
 1549         administrator of an assisted living facility under
 1550         certain circumstances; requiring the agency to adopt
 1551         rules; providing an effective date.