Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for SB 634
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/30/2021 .
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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 Elderly Affairs.
13 (b) “Direct care worker” means an individual who, as part
14 of his or her employment duties, provides or is expected 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, contracted staff, or
20 independent contractor hired or referred by a licensee who is
21 required to have a level 2 background screening as required by
22 s. 408.809(1)(e). The term includes, but is not limited to,
23 direct care workers; staff responsible for housekeeping, the
24 front desk, maintenance, and other administrative functions; and
25 companions or homemakers.
26 (d) “Licensee” means a person or an entity licensed under
27 part II, part III, or part IV of chapter 400 or chapter 429.
28 (2) By January 1, 2022, the department or its designee must
29 develop or approve the courses that licensees may use to satisfy
30 the training requirements under this section. The department or
31 its designee must develop or approve training offered in a
32 variety of formats and languages, including, but not limited to,
33 Internet-based training, videos, teleconferencing, and classroom
34 instruction. The department or its designee may approve any
35 existing training course or curriculum that is being used by
36 licensees if it meets the requirements of this section.
37 (3) The department or its designee shall develop a process
38 for registering training providers and maintain a list of those
39 providers approved to provide training required under this
40 section. The process must take into account those training
41 providers who are already approved and include a method to
42 verify that all training providers are actively providing
43 training required under this section. To be approved, a training
44 provider must have at least 2 years of experience related to
45 Alzheimer’s disease or related disorders, gerontology, health
46 care, or a related field. The department or its designee shall
47 issue each approved training provider a unique registration
48 identifier.
49 (4) Upon completion of any training under this section, the
50 training provider must issue the employee or direct care worker
51 a certificate that includes the training provider’s name and
52 unique identifier, the topic covered in the training, the date
53 of completion, and the signature of the training provider. The
54 certificate is evidence of completion of the training and
55 assessment in the identified topic, and the employee or direct
56 care worker is not required to repeat training in that topic if
57 he or she changes employment to a different licensee, but he or
58 she must comply with any applicable continuing education
59 requirements under this section. Copies of the employee’s or
60 direct care worker’s training certificate issued under this
61 section must be available for inspection in each facility in
62 which he or she may be employed in order to meet the
63 requirements of that facility’s licensure.
64 (5) Licensees must provide to each of their employees 1
65 hour of dementia-related training that includes methods for
66 interacting with individuals with Alzheimer’s disease or a
67 related disorder and for identifying warning signs of dementia.
68 (a) A licensee must require an employee to complete the
69 training within 30 days after employment begins. Employees hired
70 on or before the effective date of this act must be required to
71 complete the training within 3 months after the training is
72 developed or approved pursuant to subsection (2).
73 (b) A licensee must maintain a copy of the employee’s
74 training certificate in the employee’s personnel records.
75 (c) An employee who has completed the training required by
76 this subsection is not required to repeat the course upon
77 changing employment to a different licensee if he or she has a
78 copy of the training certificate.
79 (6) In addition to the training requirements of subsection
80 (5), licensees must require all employees who are direct care
81 workers to receive at least 3 hours of evidence-based training
82 developed or approved pursuant to subsection (2). The training
83 must be completed within the first 4 months after employment
84 begins and must include, but need not be limited to, an overview
85 of Alzheimer’s disease and related disorders and person-centered
86 care, assessment and care planning, activities of daily living,
87 and dementia-related behaviors and communication for clients,
88 patients, and residents with Alzheimer’s disease or a related
89 disorder. Every 2 calendar years thereafter, the licensee must
90 require all of its direct care workers to receive at least 2
91 hours of continuing education, developed or approved pursuant to
92 subsection (2), on these topics and any related changes in state
93 or federal law.
94 (a) Employees hired on or before the effective date of this
95 act must complete the training under this subsection within 6
96 months after the training is developed or approved pursuant to
97 subsection (2) if they have not received any applicable
98 dementia-related training within the preceding calendar year.
99 (b) Completion of the 2 hours of continuing education under
100 this subsection counts toward a certified nursing assistant’s
101 annual training requirements.
102 (c) Continuing education under this subsection may count
103 toward core training requirements as described under s. 429.52.
104 (7) In addition to the training requirements of subsections
105 (5) and (6), if a licensee advertises that it provides special
106 care for individuals with Alzheimer’s disease or a related
107 disorder which includes direct care to such individuals, the
108 licensee must require its direct care workers to complete 4
109 hours of training developed or approved pursuant to subsection
110 (2). This training must be completed within 4 months after
111 employment begins and shall count toward a certified nursing
112 assistant’s annual training requirements.
113 (8) If a health care practitioner as defined in s. 456.001
114 completes continuing education hours as required by that
115 practitioner’s licensing board, he or she may count those
116 continuing education hours toward satisfaction of the training
117 requirements of subsections (5) and (6) if the course curriculum
118 covers the topics required under those subsections. The
119 department must approve such continuing education hours for
120 purposes of satisfying the training requirements of subsections
121 (5) and (6).
122 Section 3. Section 400.1755, Florida Statutes, is amended
123 to read:
124 400.1755 Care for persons with Alzheimer’s disease or
125 related disorders; staff training requirements.—
126 (1) As a condition of licensure, facilities licensed under
127 this part must provide to each of their employees training as
128 required in s. 430.5025, upon beginning employment, basic
129 written information about interacting with persons with
130 Alzheimer’s disease or a related disorder.
131 (2) All employees who are expected to, or whose
132 responsibilities require them to, have direct contact with
133 residents with Alzheimer’s disease or a related disorder must,
134 in addition to being provided the information required in
135 subsection (1), also have an initial training of at least 1 hour
136 completed in the first 3 months after beginning employment. This
137 training must include, but is not limited to, an overview of
138 dementias and must provide basic skills in communicating with
139 persons with dementia.
140 (3) An individual who provides direct care shall be
141 considered a direct caregiver and must complete the required
142 initial training and an additional 3 hours of training within 9
143 months after beginning employment. This training shall include,
144 but is not limited to, managing problem behaviors, promoting the
145 resident’s independence in activities of daily living, and
146 skills in working with families and caregivers.
147 (a) The required 4 hours of training for certified nursing
148 assistants are part of the total hours of training required
149 annually.
150 (b) For a health care practitioner as defined in s.
151 456.001, continuing education hours taken as required by that
152 practitioner’s licensing board shall be counted toward this
153 total of 4 hours.
154 (4) For an employee who is a licensed health care
155 practitioner as defined in s. 456.001, training that is
156 sanctioned by that practitioner’s licensing board shall be
157 considered to be approved by the Department of Elderly Affairs.
158 (5) The Department of Elderly Affairs or its designee must
159 approve the initial and continuing training provided in the
160 facilities. The department must approve training offered in a
161 variety of formats, including, but not limited to, Internet
162 based training, videos, teleconferencing, and classroom
163 instruction. The department shall keep a list of current
164 providers who are approved to provide initial and continuing
165 training. The department shall adopt rules to establish
166 standards for the trainers and the training required in this
167 section.
168 (6) Upon completing any training listed in this section,
169 the employee or direct caregiver shall be issued a certificate
170 that includes the name of the training provider, the topic
171 covered, and the date and signature of the training provider.
172 The certificate is evidence of completion of training in the
173 identified topic, and the employee or direct caregiver is not
174 required to repeat training in that topic if the employee or
175 direct caregiver changes employment to a different facility or
176 to an assisted living facility, home health agency, adult day
177 care center, or adult family-care home. The direct caregiver
178 must comply with other applicable continuing education
179 requirements.
180 Section 4. Section 400.4785, Florida Statutes, is amended
181 to read:
182 400.4785 Patients with Alzheimer’s disease or other related
183 disorders; staff training requirements; certain disclosures.—
184 (1) A home health agency must provide the following staff
185 training as required in s. 430.5025:
186 (a) Upon beginning employment with the agency, each
187 employee must receive basic written information about
188 interacting with participants who have Alzheimer’s disease or
189 dementia-related disorders.
190 (b) In addition to the information provided under paragraph
191 (a), newly hired home health agency personnel who will be
192 providing direct care to patients must complete 2 hours of
193 training in Alzheimer’s disease and dementia-related disorders
194 within 9 months after beginning employment with the agency. This
195 training must include, but is not limited to, an overview of
196 dementia, a demonstration of basic skills in communicating with
197 persons who have dementia, the management of problem behaviors,
198 information about promoting the client’s independence in
199 activities of daily living, and instruction in skills for
200 working with families and caregivers.
201 (c) For certified nursing assistants, the required 2 hours
202 of training shall be part of the total hours of training
203 required annually.
204 (d) For a health care practitioner as defined in s.
205 456.001, continuing education hours taken as required by that
206 practitioner’s licensing board shall be counted toward the total
207 of 2 hours.
208 (e) For an employee who is a licensed health care
209 practitioner as defined in s. 456.001, training that is
210 sanctioned by that practitioner’s licensing board shall be
211 considered to be approved by the Department of Elderly Affairs.
212 (f) The Department of Elderly Affairs, or its designee,
213 must approve the required training. The department must consider
214 for approval training offered in a variety of formats. The
215 department shall keep a list of current providers who are
216 approved to provide the 2-hour training. The department shall
217 adopt rules to establish standards for the employees who are
218 subject to this training, for the trainers, and for the training
219 required in this section.
220 (g) Upon completing the training listed in this section,
221 the employee shall be issued a certificate that states that the
222 training mandated under this section has been received. The
223 certificate shall be dated and signed by the training provider.
224 The certificate is evidence of completion of this training, and
225 the employee is not required to repeat this training if the
226 employee changes employment to a different home health agency.
227 (2)(h) A licensed home health agency whose unduplicated
228 census during the most recent calendar year was composed
229 comprised of at least 90 percent of individuals aged 21 years or
230 younger at the date of admission is exempt from the training
231 requirements in this section.
232 (3)(2) An agency licensed under this part which claims that
233 it provides special care for persons who have Alzheimer’s
234 disease or other related disorders must disclose in its
235 advertisements or in a separate document those services that
236 distinguish the care as being especially applicable to, or
237 suitable for, such persons. The agency must give a copy of all
238 such advertisements or a copy of the document to each person who
239 requests information about the agency and must maintain a copy
240 of all such advertisements and documents in its records. The
241 Agency for Health Care Administration shall examine all such
242 advertisements and documents in the agency’s records as part of
243 the license renewal procedure.
244 Section 5. Subsection (1) of section 400.6045, Florida
245 Statutes, is amended to read:
246 400.6045 Patients with Alzheimer’s disease or other related
247 disorders; staff training requirements; certain disclosures.—
248 (1) A hospice licensed under this part must provide the
249 following staff training as required in s. 430.5025:
250 (a) Upon beginning employment with the agency, each
251 employee must receive basic written information about
252 interacting with persons who have Alzheimer’s disease or
253 dementia-related disorders.
254 (b) In addition to the information provided under paragraph
255 (a), employees who are expected to, or whose responsibilities
256 require them to, have direct contact with participants who have
257 Alzheimer’s disease or dementia-related disorders must complete
258 initial training of at least 1 hour within the first 3 months
259 after beginning employment. The training must include an
260 overview of dementias and must provide instruction in basic
261 skills for communicating with persons who have dementia.
262 (c) In addition to the requirements of paragraphs (a) and
263 (b), an employee who will be providing direct care to a
264 participant who has Alzheimer’s disease or a dementia-related
265 disorder must complete an additional 3 hours of training within
266 9 months after beginning employment. This training must include,
267 but is not limited to, the management of problem behaviors,
268 information about promoting the patient’s independence in
269 activities of daily living, and instruction in skills for
270 working with families and caregivers.
271 (d) For certified nursing assistants, the required 4 hours
272 of training shall be part of the total hours of training
273 required annually.
274 (e) For a health care practitioner as defined in s.
275 456.001, continuing education hours taken as required by that
276 practitioner’s licensing board shall be counted toward the total
277 of 4 hours.
278 (f) For an employee who is a licensed health care
279 practitioner as defined in s. 456.001, training that is
280 sanctioned by that practitioner’s licensing board shall be
281 considered to be approved by the Department of Elderly Affairs.
282 (g) The Department of Elderly Affairs or its designee must
283 approve the required 1-hour and 3-hour training provided to
284 employees or direct caregivers under this section. The
285 department must consider for approval training offered in a
286 variety of formats. The department shall keep a list of current
287 providers who are approved to provide the 1-hour and 3-hour
288 training. The department shall adopt rules to establish
289 standards for the employees who are subject to this training,
290 for the trainers, and for the training required in this section.
291 (h) Upon completing any training described in this section,
292 the employee or direct caregiver shall be issued a certificate
293 that includes the name of the training provider, the topic
294 covered, and the date and signature of the training provider.
295 The certificate is evidence of completion of training in the
296 identified topic, and the employee or direct caregiver is not
297 required to repeat training in that topic if the employee or
298 direct caregiver changes employment to a different hospice or to
299 a home health agency, assisted living facility, nursing home, or
300 adult day care center.
301 Section 6. Subsections (2) through (8) of section 429.178,
302 Florida Statutes, are amended to read:
303 429.178 Special care for persons with Alzheimer’s disease
304 or other related disorders.—
305 (2)(a) An individual who is employed by a facility that
306 provides special care for residents who have Alzheimer’s disease
307 or other related disorders, and who has regular contact with
308 such residents, must complete the up to 4 hours of initial
309 dementia-specific training as required in s. 430.5025 developed
310 or approved by the department. The training must be completed
311 within 3 months after beginning employment and satisfy the core
312 training requirements of s. 429.52(3)(g).
313 (b) A direct caregiver who is employed by a facility that
314 provides special care for residents who have Alzheimer’s disease
315 or other related disorders and provides direct care to such
316 residents must complete the required initial training and 4
317 additional hours of training developed or approved by the
318 department. The training must be completed within 9 months after
319 beginning employment and satisfy the core training requirements
320 of s. 429.52(3)(g).
321 (c) An individual who is employed by a facility that
322 provides special care for residents with Alzheimer’s disease or
323 other related disorders, but who only has incidental contact
324 with such residents, must be given, at a minimum, general
325 information on interacting with individuals with Alzheimer’s
326 disease or other related disorders, within 3 months after
327 beginning employment.
328 (3) In addition to the training required under subsection
329 (2), a direct caregiver must participate in a minimum of 4
330 contact hours of continuing education each calendar year. The
331 continuing education must include one or more topics included in
332 the dementia-specific training developed or approved by the
333 department, in which the caregiver has not received previous
334 training.
335 (4) Upon completing any training listed in subsection (2),
336 the employee or direct caregiver shall be issued a certificate
337 that includes the name of the training provider, the topic
338 covered, and the date and signature of the training provider.
339 The certificate is evidence of completion of training in the
340 identified topic, and the employee or direct caregiver is not
341 required to repeat training in that topic if the employee or
342 direct caregiver changes employment to a different facility. The
343 employee or direct caregiver must comply with other applicable
344 continuing education requirements.
345 (5) The department, or its designee, shall approve the
346 initial and continuing education courses and providers.
347 (6) The department shall keep a current list of providers
348 who are approved to provide initial and continuing education for
349 staff of facilities that provide special care for persons with
350 Alzheimer’s disease or other related disorders.
351 (3)(7) Any facility more than 90 percent of whose residents
352 receive monthly optional supplementation payments is not
353 required to pay for the training and education programs required
354 under this section. A facility that has one or more such
355 residents must shall pay a reduced fee that is proportional to
356 the percentage of such residents in the facility. A facility
357 that does not have any residents who receive monthly optional
358 supplementation payments must pay a reasonable fee, as
359 established by the department, for such training and education
360 programs.
361 (4)(8) The department shall adopt rules to establish
362 standards for trainers and training and to implement this
363 section.
364 Section 7. Subsection (1) of section 429.52, Florida
365 Statutes, is amended to read:
366 429.52 Staff training and educational requirements.—
367 (1) Each new assisted living facility employee who has not
368 previously completed core training must attend a preservice
369 orientation provided by the facility before interacting with
370 residents. The preservice orientation must be at least 2 hours
371 in duration and cover topics that help the employee provide
372 responsible care and respond to the needs of facility residents.
373 Upon completion, the employee and the administrator of the
374 facility must sign a statement that the employee completed the
375 required preservice orientation. The facility must keep the
376 signed statement in the employee’s personnel record. Each
377 assisted living facility shall provide staff training as
378 required in s. 430.5025.
379 Section 8. Section 429.83, Florida Statutes, is amended to
380 read:
381 429.83 Residents with Alzheimer’s disease or other related
382 disorders; training; certain disclosures.—
383 (1) An adult family-care home licensed under this part must
384 provide staff training as required in s. 430.5025.
385 (2) An adult family-care home licensed under this part
386 which claims that it provides special care for persons who have
387 Alzheimer’s disease or other related disorders must Disclose in
388 its advertisements or in a separate document those services that
389 distinguish the care as being especially applicable to, or
390 suitable for, such persons. The home must give a copy of all
391 such advertisements or a copy of the document to each person who
392 requests information about programs and services for persons
393 with Alzheimer’s disease or other related disorders offered by
394 the home and must maintain a copy of all such advertisements and
395 documents in its records. The agency shall examine all such
396 advertisements and documents in the home’s records as part of
397 the license renewal procedure.
398 Section 9. Subsection (1) of section 429.917, Florida
399 Statutes, is amended to read:
400 429.917 Patients with Alzheimer’s disease or other related
401 disorders; staff training requirements; certain disclosures.—
402 (1) An adult day care center licensed under this part must
403 provide the following staff training as required in s. 430.5025:
404 (a) Upon beginning employment with the facility, each
405 employee must receive basic written information about
406 interacting with participants who have Alzheimer’s disease or
407 dementia-related disorders.
408 (b) In addition to the information provided under paragraph
409 (a), newly hired adult day care center personnel who are
410 expected to, or whose responsibilities require them to, have
411 direct contact with participants who have Alzheimer’s disease or
412 dementia-related disorders must complete initial training of at
413 least 1 hour within the first 3 months after beginning
414 employment. The training must include an overview of dementias
415 and must provide instruction in basic skills for communicating
416 with persons who have dementia.
417 (c) In addition to the requirements of paragraphs (a) and
418 (b), an employee who will be providing direct care to a
419 participant who has Alzheimer’s disease or a dementia-related
420 disorder must complete an additional 3 hours of training within
421 9 months after beginning employment. This training must include,
422 but is not limited to, the management of problem behaviors,
423 information about promoting the participant’s independence in
424 activities of daily living, and instruction in skills for
425 working with families and caregivers.
426 (d) For certified nursing assistants, the required 4 hours
427 of training shall be part of the total hours of training
428 required annually.
429 (e) For a health care practitioner as defined in s.
430 456.001, continuing education hours taken as required by that
431 practitioner’s licensing board shall be counted toward the total
432 of 4 hours.
433 (f) For an employee who is a licensed health care
434 practitioner as defined in s. 456.001, training that is
435 sanctioned by that practitioner’s licensing board shall be
436 considered to be approved by the Department of Elderly Affairs.
437 (g) The Department of Elderly Affairs or its designee must
438 approve the 1-hour and 3-hour training provided to employees and
439 direct caregivers under this section. The department must
440 consider for approval training offered in a variety of formats.
441 The department shall keep a list of current providers who are
442 approved to provide the 1-hour and 3-hour training. The
443 department shall adopt rules to establish standards for the
444 employees who are subject to this training, for the trainers,
445 and for the training required in this section.
446 (h) Upon completing any training described in this section,
447 the employee or direct caregiver shall be issued a certificate
448 that includes the name of the training provider, the topic
449 covered, and the date and signature of the training provider.
450 The certificate is evidence of completion of training in the
451 identified topic, and the employee or direct caregiver is not
452 required to repeat training in that topic if the employee or
453 direct caregiver changes employment to a different adult day
454 care center or to an assisted living facility, nursing home,
455 home health agency, or hospice. The direct caregiver must comply
456 with other applicable continuing education requirements.
457 (i) An employee who is hired on or after July 1, 2004, must
458 complete the training required by this section.
459 Section 10. This act shall take effect October 1, 2021.
460
461 ================= T I T L E A M E N D M E N T ================
462 And the title is amended as follows:
463 Delete everything before the enacting clause
464 and insert:
465 A bill to be entitled
466 An act relating to dementia-related staff training;
467 providing a short title; creating s. 430.5025, F.S.;
468 defining terms; requiring the Department of Elderly
469 Affairs or its designee to develop or approve certain
470 dementia-related training by a specified date;
471 requiring such training to be offered in a variety of
472 formats; authorizing the department or its designee to
473 approve existing training courses and curricula if
474 they meet certain requirements; requiring the
475 department or its designee to develop a registration
476 process for training providers; specifying
477 requirements for such registration; requiring the
478 department or its designee to issue unique identifiers
479 to approved training providers; requiring training
480 providers to issue employees a certificate upon
481 completing the training and passing the assessments;
482 providing requirements for the certificate; providing
483 that certain employees do not need to repeat certain
484 training when changing employment, under certain
485 circumstances; providing that copies of training
486 certificates for employees and direct care workers
487 must be available for inspection as a requirement of
488 facility licensure; requiring certain entities to
489 provide specified dementia-related training for new
490 employees within a specified timeframe; requiring such
491 entities to maintain copies of the employees’ training
492 certificates; providing that employees who complete
493 such training do not need to repeat the training upon
494 change of employment under certain circumstances;
495 requiring certain employees to receive additional
496 dementia-related training under certain circumstances
497 within a specified timeframe; providing requirements
498 for the training; requiring biennial dementia-related
499 training for certain employees; providing that such
500 training counts toward a certified nursing assistant’s
501 annual training requirements; providing that such
502 training may be used to count toward certain core
503 training requirements; requiring certain employees to
504 receive additional training within a specified
505 timeframe if the employing entity advertises that it
506 provides certain special care for individuals with
507 Alzheimer’s disease or related disorders; providing
508 that such additional training counts toward a
509 certified nursing assistant’s annual training
510 requirements; authorizing certain health care
511 practitioners to count certain continuing education
512 hours toward the dementia-related training
513 requirements under certain circumstances; requiring
514 the department to approve such continuing education
515 hours to satisfy the dementia-related training
516 requirements; amending ss. 400.1755, 400.4785,
517 400.6045, 429.178, 429.52, 429.83, and 429.917, F.S.;
518 revising dementia-related staff training requirements
519 for nursing homes, home health agencies, hospices,
520 facilities that provide special care for persons with
521 Alzheimer’s disease or related disorders, assisted
522 living facilities, adult family-care homes, and adult
523 day care centers, respectively, to conform to changes
524 made by the act; providing an effective date.