Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for SB 634
Ì405408(Î405408
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Children, Families, and Elder Affairs (Gibson)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. This act may be cited as the “Florida
6 Alzheimer’s Disease and Dementia Training Act.”
7 Section 2. Section 430.5025, Florida Statutes, is created
8 to read:
9 430.5025 Care for persons with Alzheimer’s disease or a
10 related disorder; staff training.—
11 (1) As used in this section, the term:
12 (a) “Department” means the Department of Elder Affairs.
13 (b) “Direct care worker” means an individual who, as part
14 of his or her employment duties, provides or has access to
15 provide direct contact assistance with personal care or
16 activities of daily living to clients, patients, or residents of
17 any facility licensed under part II, part III, or part IV of
18 chapter 400 or chapter 429.
19 (c) “Employee” means any staff member who has regular or
20 incidental interaction on a recurring basis with clients,
21 patients, or residents of a facility licensed under part II,
22 part III, or part IV of chapter 400 or chapter 429. The term
23 includes, but is not limited to, direct care workers; staff
24 responsible for housekeeping, the front desk, maintenance, and
25 other administrative functions; and any other individuals who
26 may have regular contact or incidental contact on a recurring
27 basis with clients, patients, or residents.
28 (d) “Licensee” means a person or an entity licensed under
29 part II, part III, or part IV of chapter 400 or chapter 429.
30 (2) On or after October 1, 2021, as a condition of
31 licensure, licensees must provide to each of their employees the
32 following which must be developed or approved by the department
33 pursuant to subsection (8):
34 (a) Upon beginning employment, basic written information
35 about interacting with persons with Alzheimer’s disease or a
36 related disorder;
37 (b) Within 30 days from the first date of employment, 1
38 hour of dementia-related training which must include methods for
39 interacting with persons with Alzheimer’s disease or a related
40 disorder and for identifying warning signs of dementia; and
41 (c) Within every two calendar years from the first date of
42 employment, 1-hour of continuing education on topics of
43 Alzheimer’s disease or a related disorder and any related
44 changes in state or federal law.
45 (3) On or after October 1, 2021, in addition to the
46 training requirements of subsection (2), licensees must require
47 all employees who are direct care workers to receive at least 3
48 hours developed or approved pursuant to subsection (8) evidence
49 based training if the direct care workers are expected to, or
50 their responsibilities require them to, have direct contact with
51 clients, patients, or residents with Alzheimer’s disease or a
52 related disorder or with populations that are at a greater risk
53 for Alzheimer’s disease or a related disorder. The training must
54 be completed within the first 3 months after employment begins
55 and must include, but need not be limited to, an overview of
56 Alzheimer’s disease and related disorders and person-centered
57 care, assessment and care planning, activities of daily living,
58 and dementia-related behaviors and communication for clients,
59 patients, and residents with Alzheimer’s disease or a related
60 disorder. Each calendar year thereafter, the licensee must
61 require all of its direct care workers to receive at least 4
62 hours of continuing education, developed or approved by the
63 department pursuant to (8), on these topics and any related
64 changes in state or federal law.
65 (4) On or after October 1, 2021, in addition to the
66 training requirements of subsections (2) and (3), if a licensee
67 provides special care for individuals with Alzheimer’s disease
68 or a related disorder which includes direct care to such
69 individuals, the licensee must require its direct care workers
70 to complete 4 hours of training developed or approved pursuant
71 to subsection (8) which must be completed within 4 months after
72 employment begins. Completion of the 4 hours of training
73 developed or approved pursuant to subsection (8) shall count
74 toward a certified nursing assistant’s annual training
75 requirements.
76 (5) The licensee must require employees who became employed
77 before the requirements provided for under this section to
78 complete the training within 3 months after the training is
79 developed or approved pursuant to subsection (8).
80 (6) Nothing in this section shall be construed to reduce
81 the number of hours of training that a licensee is required to
82 provide to its employees under s. 429.178. An employee shall
83 complete training as provided in this section or as provided in
84 s. 429.178, whichever is greater.
85 (7) If a health care practitioner as defined in s. 456.001
86 completes continuing education hours as required by that
87 practitioner’s licensing board, he or she may count those
88 continuing education hours toward satisfaction of the training
89 requirements of subsections (3) and (4) if the course curriculum
90 covers the topics required under those subsections. The
91 department must approve such continuing education hours for
92 purposes of satisfying the training requirements of subsections
93 (3) and (4).
94 (8) The department or its designee shall develop or approve
95 the courses that licensees may use to satisfy the training
96 requirements under this section. The department or its designee
97 must approve training offered in a variety of formats,
98 including, but not limited to, Internet-based training, videos,
99 teleconferencing, and classroom instruction.
100 (9) The department or its designee shall develop a process
101 for registering training providers and maintain a list of those
102 providers approved to provide training required under this
103 section. To be approved, a training provider must have at least
104 2 years of experience related to Alzheimer’s disease or related
105 disorders, gerontology, health care, or a related field. The
106 department or its designee shall issue each approved training
107 provider a unique registration identifier.
108 (10) For each training topic required under this section,
109 the training provider shall develop an assessment that measures
110 an individual’s understanding of the topic and indicate a
111 minimum required score to pass the assessment. Upon completion
112 of any training under this section, the employee or direct care
113 worker must pass the related assessment. If an employee or a
114 direct care worker completes a training and passes the related
115 assessment, the training provider must issue the employee or
116 direct care worker a certificate that includes the training
117 provider’s name and unique identifier, the topic covered in the
118 training, the date of completion, and the signature of the
119 training provider. The certificate is evidence of completion of
120 the training and assessment in the identified topic, and the
121 employee or direct care worker is not required to repeat
122 training in that topic if he or she changes employment to a
123 different licensee, but he or she must comply with any
124 applicable continuing education requirements under this section.
125 Licensees must maintain copies of certificates issued to each of
126 their employees or direct care workers under this section and
127 must make them available for inspection to meet the requirements
128 of licensure.
129 (11) The department shall adopt rules to implement this
130 section.
131 Section 3. Section 400.1755, Florida Statutes, is amended
132 to read:
133 400.1755 Care for persons with Alzheimer’s disease or
134 related disorders; staff training requirements.—
135 (1) As a condition of licensure, facilities licensed under
136 this part must provide to each of their employees training as
137 required in s. 430.5025, upon beginning employment, basic
138 written information about interacting with persons with
139 Alzheimer’s disease or a related disorder.
140 (2) All employees who are expected to, or whose
141 responsibilities require them to, have direct contact with
142 residents with Alzheimer’s disease or a related disorder must,
143 in addition to being provided the information required in
144 subsection (1), also have an initial training of at least 1 hour
145 completed in the first 3 months after beginning employment. This
146 training must include, but is not limited to, an overview of
147 dementias and must provide basic skills in communicating with
148 persons with dementia.
149 (3) An individual who provides direct care shall be
150 considered a direct caregiver and must complete the required
151 initial training and an additional 3 hours of training within 9
152 months after beginning employment. This training shall include,
153 but is not limited to, managing problem behaviors, promoting the
154 resident’s independence in activities of daily living, and
155 skills in working with families and caregivers.
156 (a) The required 4 hours of training for certified nursing
157 assistants are part of the total hours of training required
158 annually.
159 (b) For a health care practitioner as defined in s.
160 456.001, continuing education hours taken as required by that
161 practitioner’s licensing board shall be counted toward this
162 total of 4 hours.
163 (4) For an employee who is a licensed health care
164 practitioner as defined in s. 456.001, training that is
165 sanctioned by that practitioner’s licensing board shall be
166 considered to be approved by the Department of Elderly Affairs.
167 (5) The Department of Elderly Affairs or its designee must
168 approve the initial and continuing training provided in the
169 facilities. The department must approve training offered in a
170 variety of formats, including, but not limited to, Internet
171 based training, videos, teleconferencing, and classroom
172 instruction. The department shall keep a list of current
173 providers who are approved to provide initial and continuing
174 training. The department shall adopt rules to establish
175 standards for the trainers and the training required in this
176 section.
177 (6) Upon completing any training listed in this section,
178 the employee or direct caregiver shall be issued a certificate
179 that includes the name of the training provider, the topic
180 covered, and the date and signature of the training provider.
181 The certificate is evidence of completion of training in the
182 identified topic, and the employee or direct caregiver is not
183 required to repeat training in that topic if the employee or
184 direct caregiver changes employment to a different facility or
185 to an assisted living facility, home health agency, adult day
186 care center, or adult family-care home. The direct caregiver
187 must comply with other applicable continuing education
188 requirements.
189 Section 4. Section 400.4785, Florida Statutes, is amended
190 to read:
191 400.4785 Patients with Alzheimer’s disease or other related
192 disorders; staff training requirements; certain disclosures.—
193 (1) A home health agency must provide the following staff
194 training as required in s. 430.5025:
195 (a) Upon beginning employment with the agency, each
196 employee must receive basic written information about
197 interacting with participants who have Alzheimer’s disease or
198 dementia-related disorders.
199 (b) In addition to the information provided under paragraph
200 (a), newly hired home health agency personnel who will be
201 providing direct care to patients must complete 2 hours of
202 training in Alzheimer’s disease and dementia-related disorders
203 within 9 months after beginning employment with the agency. This
204 training must include, but is not limited to, an overview of
205 dementia, a demonstration of basic skills in communicating with
206 persons who have dementia, the management of problem behaviors,
207 information about promoting the client’s independence in
208 activities of daily living, and instruction in skills for
209 working with families and caregivers.
210 (c) For certified nursing assistants, the required 2 hours
211 of training shall be part of the total hours of training
212 required annually.
213 (d) For a health care practitioner as defined in s.
214 456.001, continuing education hours taken as required by that
215 practitioner’s licensing board shall be counted toward the total
216 of 2 hours.
217 (e) For an employee who is a licensed health care
218 practitioner as defined in s. 456.001, training that is
219 sanctioned by that practitioner’s licensing board shall be
220 considered to be approved by the Department of Elderly Affairs.
221 (f) The Department of Elderly Affairs, or its designee,
222 must approve the required training. The department must consider
223 for approval training offered in a variety of formats. The
224 department shall keep a list of current providers who are
225 approved to provide the 2-hour training. The department shall
226 adopt rules to establish standards for the employees who are
227 subject to this training, for the trainers, and for the training
228 required in this section.
229 (g) Upon completing the training listed in this section,
230 the employee shall be issued a certificate that states that the
231 training mandated under this section has been received. The
232 certificate shall be dated and signed by the training provider.
233 The certificate is evidence of completion of this training, and
234 the employee is not required to repeat this training if the
235 employee changes employment to a different home health agency.
236 (2)(h) A licensed home health agency whose unduplicated
237 census during the most recent calendar year was composed
238 comprised of at least 90 percent of individuals aged 21 years or
239 younger at the date of admission is exempt from the training
240 requirements in this section.
241 (3)(2) An agency licensed under this part which claims that
242 it provides special care for persons who have Alzheimer’s
243 disease or other related disorders must disclose in its
244 advertisements or in a separate document those services that
245 distinguish the care as being especially applicable to, or
246 suitable for, such persons. The agency must give a copy of all
247 such advertisements or a copy of the document to each person who
248 requests information about the agency and must maintain a copy
249 of all such advertisements and documents in its records. The
250 Agency for Health Care Administration shall examine all such
251 advertisements and documents in the agency’s records as part of
252 the license renewal procedure.
253 Section 5. Subsection (1) of section 400.6045, Florida
254 Statutes, is amended to read:
255 400.6045 Patients with Alzheimer’s disease or other related
256 disorders; staff training requirements; certain disclosures.—
257 (1) A hospice licensed under this part must provide the
258 following staff training as required in s. 430.5025:
259 (a) Upon beginning employment with the agency, each
260 employee must receive basic written information about
261 interacting with persons who have Alzheimer’s disease or
262 dementia-related disorders.
263 (b) In addition to the information provided under paragraph
264 (a), employees who are expected to, or whose responsibilities
265 require them to, have direct contact with participants who have
266 Alzheimer’s disease or dementia-related disorders must complete
267 initial training of at least 1 hour within the first 3 months
268 after beginning employment. The training must include an
269 overview of dementias and must provide instruction in basic
270 skills for communicating with persons who have dementia.
271 (c) In addition to the requirements of paragraphs (a) and
272 (b), an employee who will be providing direct care to a
273 participant who has Alzheimer’s disease or a dementia-related
274 disorder must complete an additional 3 hours of training within
275 9 months after beginning employment. This training must include,
276 but is not limited to, the management of problem behaviors,
277 information about promoting the patient’s independence in
278 activities of daily living, and instruction in skills for
279 working with families and caregivers.
280 (d) For certified nursing assistants, the required 4 hours
281 of training shall be part of the total hours of training
282 required annually.
283 (e) For a health care practitioner as defined in s.
284 456.001, continuing education hours taken as required by that
285 practitioner’s licensing board shall be counted toward the total
286 of 4 hours.
287 (f) For an employee who is a licensed health care
288 practitioner as defined in s. 456.001, training that is
289 sanctioned by that practitioner’s licensing board shall be
290 considered to be approved by the Department of Elderly Affairs.
291 (g) The Department of Elderly Affairs or its designee must
292 approve the required 1-hour and 3-hour training provided to
293 employees or direct caregivers under this section. The
294 department must consider for approval training offered in a
295 variety of formats. The department shall keep a list of current
296 providers who are approved to provide the 1-hour and 3-hour
297 training. The department shall adopt rules to establish
298 standards for the employees who are subject to this training,
299 for the trainers, and for the training required in this section.
300 (h) Upon completing any training described in this section,
301 the employee or direct caregiver shall be issued a certificate
302 that includes the name of the training provider, the topic
303 covered, and the date and signature of the training provider.
304 The certificate is evidence of completion of training in the
305 identified topic, and the employee or direct caregiver is not
306 required to repeat training in that topic if the employee or
307 direct caregiver changes employment to a different hospice or to
308 a home health agency, assisted living facility, nursing home, or
309 adult day care center.
310 Section 6. Subsections (2) through (8) of section 429.178,
311 Florida Statutes, are amended to read:
312 429.178 Special care for persons with Alzheimer’s disease
313 or other related disorders.—
314 (2)(a) An individual who is employed by a facility that
315 provides special care for residents who have Alzheimer’s disease
316 or other related disorders, and who has regular contact with
317 such residents, must complete the dementia-specific training as
318 required in s. 430.5025 or training as provided for in this
319 section, whichever is greater.
320 (a) An individual who is employed by a facility that
321 provides special care for residents who have Alzheimer’s disease
322 or other related disorders, and who has regular contact with
323 such residents, must complete up to 4 hours of initial dementia
324 specific training developed or approved by the department. The
325 training must be completed within 3 months after beginning
326 employment and satisfy the core training requirements of s.
327 429.52(3)(g).
328 (b) A direct caregiver who is employed by a facility that
329 provides special care for residents who have Alzheimer’s disease
330 or other related disorders and provides direct care to such
331 residents must complete the required initial training and 4
332 additional hours of training developed or approved by the
333 department. The training must be completed within 9 months after
334 beginning employment and satisfy the core training requirements
335 of s. 429.52(3)(g).
336 (c) An individual who is employed by a facility that
337 provides special care for residents with Alzheimer’s disease or
338 other related disorders, but who only has incidental contact
339 with such residents, must be given, at a minimum, general
340 information on interacting with individuals with Alzheimer’s
341 disease or other related disorders, within 3 months after
342 beginning employment.
343 (3) In addition to the training required under subsection
344 (2), a direct caregiver must participate in a minimum of 4
345 contact hours of continuing education each calendar year. The
346 continuing education must include one or more topics included in
347 the dementia-specific training developed or approved by the
348 department, in which the caregiver has not received previous
349 training.
350 (4) Upon completing any training listed in subsection (2),
351 the employee or direct caregiver shall be issued a certificate
352 that includes the name of the training provider, the topic
353 covered, and the date and signature of the training provider.
354 The certificate is evidence of completion of training in the
355 identified topic, and the employee or direct caregiver is not
356 required to repeat training in that topic if the employee or
357 direct caregiver changes employment to a different facility. The
358 employee or direct caregiver must comply with other applicable
359 continuing education requirements.
360 (5) The department, or its designee, shall approve the
361 initial and continuing education courses and providers.
362 (6) The department shall keep a current list of providers
363 who are approved to provide initial and continuing education for
364 staff of facilities that provide special care for persons with
365 Alzheimer’s disease or other related disorders.
366 (7) Any facility more than 90 percent of whose residents
367 receive monthly optional supplementation payments is not
368 required to pay for the training and education programs required
369 under this section. A facility that has one or more such
370 residents must shall pay a reduced fee that is proportional to
371 the percentage of such residents in the facility. A facility
372 that does not have any residents who receive monthly optional
373 supplementation payments must pay a reasonable fee, as
374 established by the department, for such training and education
375 programs.
376 (8) The department shall adopt rules to establish standards
377 for trainers and training and to implement this section.
378 Section 7. Subsection (1) of section 429.52, Florida
379 Statutes, is amended to read:
380 429.52 Staff training and educational requirements.—
381 (1) Each new assisted living facility employee who has not
382 previously completed core training must attend a preservice
383 orientation provided by the facility before interacting with
384 residents. The preservice orientation must be at least 2 hours
385 in duration and cover topics that help the employee provide
386 responsible care and respond to the needs of facility residents.
387 Upon completion, the employee and the administrator of the
388 facility must sign a statement that the employee completed the
389 required preservice orientation. The facility must keep the
390 signed statement in the employee’s personnel record. Each
391 assisted living facility shall provide staff training as
392 required in s. 430.5025.
393 Section 8. Section 429.83, Florida Statutes, is amended to
394 read:
395 429.83 Residents with Alzheimer’s disease or other related
396 disorders; training; certain disclosures.—
397 (1) An adult family-care home licensed under this part must
398 provide staff training as required in s. 430.5025.
399 (2) An adult family-care home licensed under this part
400 which claims that it provides special care for persons who have
401 Alzheimer’s disease or other related disorders must Disclose in
402 its advertisements or in a separate document those services that
403 distinguish the care as being especially applicable to, or
404 suitable for, such persons. The home must give a copy of all
405 such advertisements or a copy of the document to each person who
406 requests information about programs and services for persons
407 with Alzheimer’s disease or other related disorders offered by
408 the home and must maintain a copy of all such advertisements and
409 documents in its records. The agency shall examine all such
410 advertisements and documents in the home’s records as part of
411 the license renewal procedure.
412 Section 9. Subsection (1) of section 429.917, Florida
413 Statutes, is amended to read:
414 429.917 Patients with Alzheimer’s disease or other related
415 disorders; staff training requirements; certain disclosures.—
416 (1) An adult day care center licensed under this part must
417 provide the following staff training as required in s. 430.5025:
418 (a) Upon beginning employment with the facility, each
419 employee must receive basic written information about
420 interacting with participants who have Alzheimer’s disease or
421 dementia-related disorders.
422 (b) In addition to the information provided under paragraph
423 (a), newly hired adult day care center personnel who are
424 expected to, or whose responsibilities require them to, have
425 direct contact with participants who have Alzheimer’s disease or
426 dementia-related disorders must complete initial training of at
427 least 1 hour within the first 3 months after beginning
428 employment. The training must include an overview of dementias
429 and must provide instruction in basic skills for communicating
430 with persons who have dementia.
431 (c) In addition to the requirements of paragraphs (a) and
432 (b), an employee who will be providing direct care to a
433 participant who has Alzheimer’s disease or a dementia-related
434 disorder must complete an additional 3 hours of training within
435 9 months after beginning employment. This training must include,
436 but is not limited to, the management of problem behaviors,
437 information about promoting the participant’s independence in
438 activities of daily living, and instruction in skills for
439 working with families and caregivers.
440 (d) For certified nursing assistants, the required 4 hours
441 of training shall be part of the total hours of training
442 required annually.
443 (e) For a health care practitioner as defined in s.
444 456.001, continuing education hours taken as required by that
445 practitioner’s licensing board shall be counted toward the total
446 of 4 hours.
447 (f) For an employee who is a licensed health care
448 practitioner as defined in s. 456.001, training that is
449 sanctioned by that practitioner’s licensing board shall be
450 considered to be approved by the Department of Elderly Affairs.
451 (g) The Department of Elderly Affairs or its designee must
452 approve the 1-hour and 3-hour training provided to employees and
453 direct caregivers under this section. The department must
454 consider for approval training offered in a variety of formats.
455 The department shall keep a list of current providers who are
456 approved to provide the 1-hour and 3-hour training. The
457 department shall adopt rules to establish standards for the
458 employees who are subject to this training, for the trainers,
459 and for the training required in this section.
460 (h) Upon completing any training described in this section,
461 the employee or direct caregiver shall be issued a certificate
462 that includes the name of the training provider, the topic
463 covered, and the date and signature of the training provider.
464 The certificate is evidence of completion of training in the
465 identified topic, and the employee or direct caregiver is not
466 required to repeat training in that topic if the employee or
467 direct caregiver changes employment to a different adult day
468 care center or to an assisted living facility, nursing home,
469 home health agency, or hospice. The direct caregiver must comply
470 with other applicable continuing education requirements.
471 (i) An employee who is hired on or after July 1, 2004, must
472 complete the training required by this section.
473 Section 10. This act shall take effect upon becoming law.
474 ================= T I T L E A M E N D M E N T ================
475 And the title is amended as follows:
476 Delete everything before the enacting clause
477 and insert:
478 A bill to be entitled
479 An act relating to dementia-related staff training;
480 providing a short title; creating s. 430.5025, F.S.;
481 defining terms; requiring certain entities, as a
482 condition of licensure, to provide specified dementia
483 related training for new employees within a specified
484 timeframe; requiring certain employees to receive
485 additional dementia-related training under certain
486 circumstances within a specified timeframe; providing
487 requirements for the training; requiring annual
488 dementia-related training for certain employees;
489 requiring certain employees to receive additional
490 training developed or approved by the Department of
491 Elder Affairs under certain circumstances; providing
492 for a timeframe for existing employees to comply with
493 the training requirement; providing for a timeframe
494 for existing employees to comply with the training
495 requirement; providing that such additional training
496 counts toward a certified nursing assistant’s total
497 annual training; authorizing certain health care
498 practitioners to count certain continuing education
499 hours toward the dementia-related training
500 requirements under certain circumstances; requiring
501 the department to approve such continuing education
502 hours to satisfy the dementia-related training
503 requirements; requiring the department or its designee
504 to develop a registration process for training
505 providers; specifying requirements for such
506 registration; requiring the department or its designee
507 to issue unique identifiers to approved training
508 providers; requiring the department or its designee to
509 approve courses used to satisfy the dementia-related
510 training requirements; requiring training providers to
511 develop certain assessments and passing scores for a
512 specified purpose; requiring certain employees to take
513 and pass such assessments upon completion of the
514 training; requiring training providers to issue such
515 employees a certificate upon completing the training
516 and passing the assessments; providing requirements
517 for the certificate; providing that certain employees
518 do not need to repeat certain training when changing
519 employment, under certain circumstances; requiring
520 licensees to maintain copies of training
521 certifications for each of their employees and direct
522 care workers; requiring licensees to make such copies
523 available for inspection for a specified purpose;
524 requiring the department to adopt rules; amending ss.
525 400.1755, 400.4785, 400.6045, 429.178, 429.52, 429.83,
526 and 429.917, F.S.; revising dementia-related staff
527 training requirements for nursing homes, home health
528 agencies, hospices, facilities that provide special
529 care for persons with Alzheimer’s disease or related
530 disorders, assisted living facilities, adult family
531 care homes, and adult day care centers, respectively,
532 to conform to changes made by the act; providing an
533 effective date.