Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 634
Ì375452*Î375452
LEGISLATIVE ACTION
Senate . House
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The Committee on Health Policy (Gibson) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 72 - 180
4 and insert:
5 chapter 400 or chapter 429.
6 (c) “Employee” means any staff member who has regular
7 contact or incidental contact on a recurring basis with clients,
8 patients, or residents of a facility licensed under part II,
9 part III, or part IV of chapter 400 or chapter 429. The term
10 includes, but is not limited to, direct care workers; staff
11 responsible for housekeeping, the front desk, maintenance, and
12 other administrative functions; and any other individuals who
13 may have regular contact or incidental contact on a recurring
14 basis with clients, patients, or residents.
15 (d) “Licensee” means a person or an entity licensed under
16 part II, part III, or part IV of chapter 400 or chapter 429.
17 (2) As a condition of licensure, licensees must provide to
18 each of their employees, within 30 days after their employment
19 begins, 1 hour of dementia-related training, which must include
20 methods for interacting with persons with Alzheimer’s disease or
21 a related disorder and for identifying warning signs of
22 dementia.
23 (3) In addition to the training requirements of subsection
24 (2), licensees must require all employees who are direct care
25 workers to receive at least 3 hours of evidence-based training
26 if the direct care workers are expected to, or their
27 responsibilities require them to, have direct contact with
28 clients, patients, or residents with Alzheimer’s disease or a
29 related disorder or with populations that are at a greater risk
30 for Alzheimer’s disease or a related disorder. The training must
31 be completed within the first 3 months after employment begins
32 and must include, but need not be limited to, an overview of
33 Alzheimer’s disease and related disorders and person-centered
34 care, assessment and care planning, activities of daily living,
35 and dementia-related behaviors and communication for clients,
36 patients, and residents with Alzheimer’s disease or a related
37 disorder. Each calendar year thereafter, the licensee must
38 require all of its direct care workers to receive at least 4
39 hours of continuing education, approved by the department, on
40 these topics and any related changes in state or federal law.
41 (4) If a licensee advertises that it provides special care
42 for individuals with Alzheimer’s disease or a related disorder
43 which includes direct care to such individuals, the licensee
44 must require its direct care workers to complete 4 hours of
45 training developed or approved by the department. This training
46 is in addition to the training requirements of subsections (2)
47 and (3) and must be completed within 4 months after employment
48 begins.
49 (5) Completion of the 4 hours of training developed or
50 approved by the department under subsection (4) shall count
51 toward a certified nursing assistant’s annual training
52 requirements.
53 (6) If a health care practitioner as defined in s. 456.001
54 completes continuing education hours as required by that
55 practitioner’s licensing board, he or she may count those
56 continuing education hours toward satisfaction of the training
57 requirements of subsections (3) and (4) if the course curriculum
58 covers the topics required under those subsections. The
59 department must approve such continuing education hours for
60 purposes of satisfying the training requirements of subsections
61 (3) and (4).
62 (7) The department or its designee shall develop a process
63 for registering training providers and maintain a list of those
64 providers approved to provide training required under this
65 section. To be approved, a training provider must have at least
66 2 years of experience related to Alzheimer’s disease or related
67 disorders, gerontology, health care, or a related field. The
68 department or its designee shall issue each approved training
69 provider a unique registration identifier.
70 (8) The department or its designee shall approve the
71 courses that licensees may use to satisfy the training
72 requirements under this section. The department or its designee
73 must approve training offered in a variety of formats,
74 including, but not limited to, Internet-based training, videos,
75 teleconferencing, and classroom instruction.
76 (9) For each training topic required under this section,
77 the training provider shall develop an assessment that measures
78 an individual’s understanding of the topic and indicate a
79 minimum required score to pass the assessment. Upon completion
80 of any training under this section, the employee or direct care
81 worker must pass the related assessment. If an employee or a
82 direct care worker completes a training and passes the related
83 assessment, the training provider must issue the employee or
84 direct care worker a certificate that includes the training
85 provider’s name and unique identifier, the topic covered in the
86 training, the date of completion, and the signature of the
87 training provider. The certificate is evidence of completion of
88 the training and assessment in the identified topic, and the
89 employee or direct care worker is not required to repeat
90 training in that topic if he or she changes employment to a
91 different licensee, but he or she must comply with any
92 applicable continuing education requirements under this section.
93 Licensees must maintain copies of certificates issued to each of
94 their employees or direct care workers under this section and
95 must make them available for inspection to meet the requirements
96 of licensure.
97 (10) The department shall adopt rules to implement this
98 section.
99 Section 3. Section 429.83, Florida Statutes, is amended to
100 read:
101 429.83 Residents with Alzheimer’s disease or other related
102 disorders; training; certain disclosures.—
103 (1) An adult family-care home licensed under this part must
104 provide staff training as required in s. 430.5025.
105 (2) An adult family-care home licensed under this part
106 which claims that it provides special care for persons who have
107 Alzheimer’s disease or other related disorders must Disclose in
108 its advertisements or in a separate document those services that
109 distinguish the care as being especially applicable to, or
110 suitable for, such persons. The home must give a copy of all
111 such advertisements or a copy of the document to each person who
112 requests information about programs and services for persons
113 with Alzheimer’s disease or other related disorders offered by
114 the home and must maintain a copy of all such advertisements and
115 documents in its records. The agency shall examine all such
116 advertisements and documents in the home’s records as part of
117 the license renewal procedure.
118
119 ================= T I T L E A M E N D M E N T ================
120 And the title is amended as follows:
121 Delete lines 22 - 54
122 and insert:
123 dementia-related training requirements; requiring the
124 department or its designee to develop a registration
125 process for training providers; specifying
126 requirements for such registration; requiring the
127 department or its designee to issue unique identifiers
128 to approved training providers; requiring the
129 department or its designee to approve courses used to
130 satisfy the dementia-related training requirements;
131 requiring such courses to be approved in various;
132 requiring training providers to develop certain
133 assessments and passing scores for a specified
134 purpose; requiring certain employees to take and pass
135 such assessments upon completion of the training;
136 requiring training providers to issue such employees a
137 certificate upon completing the training and passing
138 the assessments; providing requirements for the
139 certificate; providing that certain employees do not
140 need to repeat certain training when changing
141 employment, under certain circumstances; requiring
142 licensees to maintain copies of training
143 certifications for each of their employees and direct
144 care workers; requiring licensees to make such copies
145 available for inspection for a specified purpose;
146 requiring the department to adopt rules; amending ss.
147 400.1755, 400.4785, 400.6045, 429.178, 429.52, 429.83,
148 and 429.917, F.S.; revising dementia-related staff
149 training requirements for nursing homes, home health
150 agencies, hospices, facilities that provide special
151 care for persons with Alzheimer’s disease or related
152 disorders, assisted living facilities, adult family
153 care homes, and adult day care centers, respectively,
154 to conform to changes made by