Florida Senate - 2021                              CS for SB 634
       
       
        
       By the Committee on Health Policy; and Senators Gibson, Baxley,
       and Farmer
       
       
       
       
       588-02672-21                                           2021634c1
    1                        A bill to be entitled                      
    2         An act relating to dementia-related staff training;
    3         providing a short title; creating s. 430.5025, F.S.;
    4         defining terms; requiring certain entities, as a
    5         condition of licensure, to provide specified dementia
    6         related training for new employees within a specified
    7         timeframe; requiring certain employees to receive
    8         additional dementia-related training under certain
    9         circumstances within a specified timeframe; providing
   10         requirements for the training; requiring annual
   11         dementia-related training for certain employees;
   12         requiring certain employees to receive additional
   13         training developed or approved by the Department of
   14         Elderly Affairs under certain circumstances; providing
   15         that such additional training counts toward a
   16         certified nursing assistant’s total annual training;
   17         authorizing certain health care practitioners to count
   18         certain continuing education hours toward the
   19         dementia-related training requirements under certain
   20         circumstances; requiring the department to approve
   21         such continuing education hours to satisfy the
   22         dementia-related training requirements; requiring the
   23         department or its designee to develop a registration
   24         process for training providers; specifying
   25         requirements for such registration; requiring the
   26         department or its designee to issue unique identifiers
   27         to approved training providers; requiring the
   28         department or its designee to approve courses used to
   29         satisfy the dementia-related training requirements;
   30         requiring such courses to be approved in various;
   31         requiring training providers to develop certain
   32         assessments and passing scores for a specified
   33         purpose; requiring certain employees to take and pass
   34         such assessments upon completion of the training;
   35         requiring training providers to issue such employees a
   36         certificate upon completing the training and passing
   37         the assessments; providing requirements for the
   38         certificate; providing that certain employees do not
   39         need to repeat certain training when changing
   40         employment, under certain circumstances; requiring
   41         licensees to maintain copies of training
   42         certifications for each of their employees and direct
   43         care workers; requiring licensees to make such copies
   44         available for inspection for a specified purpose;
   45         requiring the department to adopt rules; amending ss.
   46         400.1755, 400.4785, 400.6045, 429.178, 429.52, 429.83,
   47         and 429.917, F.S.; revising dementia-related staff
   48         training requirements for nursing homes, home health
   49         agencies, hospices, facilities that provide special
   50         care for persons with Alzheimer’s disease or related
   51         disorders, assisted living facilities, adult family
   52         care homes, and adult day care centers, respectively,
   53         to conform to changes made by the act; providing an
   54         effective date.
   55          
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. This act may be cited as the “Florida
   59  Alzheimer’s Disease and Dementia Training Act.”
   60         Section 2. Section 430.5025, Florida Statutes, is created
   61  to read:
   62         430.5025Care for persons with Alzheimer’s disease or a
   63  related disorder; staff training.—
   64         (1)As used in this section, the term:
   65         (a)“Department” means the Department of Elderly Affairs.
   66         (b)“Direct care worker” means an individual who, as part
   67  of his or her employment duties, provides or has access to
   68  provide direct contact assistance with personal care or
   69  activities of daily living to clients, patients, or residents of
   70  any facility licensed under part II, part III, or part IV of
   71  chapter 400 or chapter 429.
   72         (c)“Employee” means any staff member who has regular
   73  contact or incidental contact on a recurring basis with clients,
   74  patients, or residents of a facility licensed under part II,
   75  part III, or part IV of chapter 400 or chapter 429. The term
   76  includes, but is not limited to, direct care workers; staff
   77  responsible for housekeeping, the front desk, maintenance, and
   78  other administrative functions; and any other individuals who
   79  may have regular contact or incidental contact on a recurring
   80  basis with clients, patients, or residents.
   81         (d)“Licensee” means a person or an entity licensed under
   82  part II, part III, or part IV of chapter 400 or chapter 429.
   83         (2)As a condition of licensure, licensees must provide to
   84  each of their employees, within 30 days after their employment
   85  begins, 1 hour of dementia-related training, which must include
   86  methods for interacting with persons with Alzheimer’s disease or
   87  a related disorder and for identifying warning signs of
   88  dementia.
   89         (3)In addition to the training requirements of subsection
   90  (2), licensees must require all employees who are direct care
   91  workers to receive at least 3 hours of evidence-based training
   92  if the direct care workers are expected to, or their
   93  responsibilities require them to, have direct contact with
   94  clients, patients, or residents with Alzheimer’s disease or a
   95  related disorder or with populations that are at a greater risk
   96  for Alzheimer’s disease or a related disorder. The training must
   97  be completed within the first 3 months after employment begins
   98  and must include, but need not be limited to, an overview of
   99  Alzheimer’s disease and related disorders and person-centered
  100  care, assessment and care planning, activities of daily living,
  101  and dementia-related behaviors and communication for clients,
  102  patients, and residents with Alzheimer’s disease or a related
  103  disorder. Each calendar year thereafter, the licensee must
  104  require all of its direct care workers to receive at least 4
  105  hours of continuing education, approved by the department, on
  106  these topics and any related changes in state or federal law.
  107         (4)If a licensee advertises that it provides special care
  108  for individuals with Alzheimer’s disease or a related disorder
  109  which includes direct care to such individuals, the licensee
  110  must require its direct care workers to complete 4 hours of
  111  training developed or approved by the department. This training
  112  is in addition to the training requirements of subsections (2)
  113  and (3) and must be completed within 4 months after employment
  114  begins.
  115         (5) Completion of the 4 hours of training developed or
  116  approved by the department under subsection (4) shall count
  117  toward a certified nursing assistant’s annual training
  118  requirements.
  119         (6)If a health care practitioner as defined in s. 456.001
  120  completes continuing education hours as required by that
  121  practitioner’s licensing board, he or she may count those
  122  continuing education hours toward satisfaction of the training
  123  requirements of subsections (3) and (4) if the course curriculum
  124  covers the topics required under those subsections. The
  125  department must approve such continuing education hours for
  126  purposes of satisfying the training requirements of subsections
  127  (3) and (4).
  128         (7)The department or its designee shall develop a process
  129  for registering training providers and maintain a list of those
  130  providers approved to provide training required under this
  131  section. To be approved, a training provider must have at least
  132  2 years of experience related to Alzheimer’s disease or related
  133  disorders, gerontology, health care, or a related field. The
  134  department or its designee shall issue each approved training
  135  provider a unique registration identifier.
  136         (8)The department or its designee shall approve the
  137  courses that licensees may use to satisfy the training
  138  requirements under this section. The department or its designee
  139  must approve training offered in a variety of formats,
  140  including, but not limited to, Internet-based training, videos,
  141  teleconferencing, and classroom instruction.
  142         (9)For each training topic required under this section,
  143  the training provider shall develop an assessment that measures
  144  an individual’s understanding of the topic and indicate a
  145  minimum required score to pass the assessment. Upon completion
  146  of any training under this section, the employee or direct care
  147  worker must pass the related assessment. If an employee or a
  148  direct care worker completes a training and passes the related
  149  assessment, the training provider must issue the employee or
  150  direct care worker a certificate that includes the training
  151  provider’s name and unique identifier, the topic covered in the
  152  training, the date of completion, and the signature of the
  153  training provider. The certificate is evidence of completion of
  154  the training and assessment in the identified topic, and the
  155  employee or direct care worker is not required to repeat
  156  training in that topic if he or she changes employment to a
  157  different licensee, but he or she must comply with any
  158  applicable continuing education requirements under this section.
  159  Licensees must maintain copies of certificates issued to each of
  160  their employees or direct care workers under this section and
  161  must make them available for inspection to meet the requirements
  162  of licensure.
  163         (10)The department shall adopt rules to implement this
  164  section.
  165         Section 3. Section 400.1755, Florida Statutes, is amended
  166  to read:
  167         400.1755 Care for persons with Alzheimer’s disease or
  168  related disorders; staff training requirements.—
  169         (1) As a condition of licensure, facilities licensed under
  170  this part must provide to each of their employees training as
  171  required in s. 430.5025, upon beginning employment, basic
  172  written information about interacting with persons with
  173  Alzheimer’s disease or a related disorder.
  174         (2) All employees who are expected to, or whose
  175  responsibilities require them to, have direct contact with
  176  residents with Alzheimer’s disease or a related disorder must,
  177  in addition to being provided the information required in
  178  subsection (1), also have an initial training of at least 1 hour
  179  completed in the first 3 months after beginning employment. This
  180  training must include, but is not limited to, an overview of
  181  dementias and must provide basic skills in communicating with
  182  persons with dementia.
  183         (3) An individual who provides direct care shall be
  184  considered a direct caregiver and must complete the required
  185  initial training and an additional 3 hours of training within 9
  186  months after beginning employment. This training shall include,
  187  but is not limited to, managing problem behaviors, promoting the
  188  resident’s independence in activities of daily living, and
  189  skills in working with families and caregivers.
  190         (a) The required 4 hours of training for certified nursing
  191  assistants are part of the total hours of training required
  192  annually.
  193         (b) For a health care practitioner as defined in s.
  194  456.001, continuing education hours taken as required by that
  195  practitioner’s licensing board shall be counted toward this
  196  total of 4 hours.
  197         (4) For an employee who is a licensed health care
  198  practitioner as defined in s. 456.001, training that is
  199  sanctioned by that practitioner’s licensing board shall be
  200  considered to be approved by the Department of Elderly Affairs.
  201         (5) The Department of Elderly Affairs or its designee must
  202  approve the initial and continuing training provided in the
  203  facilities. The department must approve training offered in a
  204  variety of formats, including, but not limited to, Internet
  205  based training, videos, teleconferencing, and classroom
  206  instruction. The department shall keep a list of current
  207  providers who are approved to provide initial and continuing
  208  training. The department shall adopt rules to establish
  209  standards for the trainers and the training required in this
  210  section.
  211         (6) Upon completing any training listed in this section,
  212  the employee or direct caregiver shall be issued a certificate
  213  that includes the name of the training provider, the topic
  214  covered, and the date and signature of the training provider.
  215  The certificate is evidence of completion of training in the
  216  identified topic, and the employee or direct caregiver is not
  217  required to repeat training in that topic if the employee or
  218  direct caregiver changes employment to a different facility or
  219  to an assisted living facility, home health agency, adult day
  220  care center, or adult family-care home. The direct caregiver
  221  must comply with other applicable continuing education
  222  requirements.
  223         Section 4. Section 400.4785, Florida Statutes, is amended
  224  to read:
  225         400.4785 Patients with Alzheimer’s disease or other related
  226  disorders; staff training requirements; certain disclosures.—
  227         (1) A home health agency must provide the following staff
  228  training as required in s. 430.5025:
  229         (a) Upon beginning employment with the agency, each
  230  employee must receive basic written information about
  231  interacting with participants who have Alzheimer’s disease or
  232  dementia-related disorders.
  233         (b) In addition to the information provided under paragraph
  234  (a), newly hired home health agency personnel who will be
  235  providing direct care to patients must complete 2 hours of
  236  training in Alzheimer’s disease and dementia-related disorders
  237  within 9 months after beginning employment with the agency. This
  238  training must include, but is not limited to, an overview of
  239  dementia, a demonstration of basic skills in communicating with
  240  persons who have dementia, the management of problem behaviors,
  241  information about promoting the client’s independence in
  242  activities of daily living, and instruction in skills for
  243  working with families and caregivers.
  244         (c) For certified nursing assistants, the required 2 hours
  245  of training shall be part of the total hours of training
  246  required annually.
  247         (d) For a health care practitioner as defined in s.
  248  456.001, continuing education hours taken as required by that
  249  practitioner’s licensing board shall be counted toward the total
  250  of 2 hours.
  251         (e) For an employee who is a licensed health care
  252  practitioner as defined in s. 456.001, training that is
  253  sanctioned by that practitioner’s licensing board shall be
  254  considered to be approved by the Department of Elderly Affairs.
  255         (f) The Department of Elderly Affairs, or its designee,
  256  must approve the required training. The department must consider
  257  for approval training offered in a variety of formats. The
  258  department shall keep a list of current providers who are
  259  approved to provide the 2-hour training. The department shall
  260  adopt rules to establish standards for the employees who are
  261  subject to this training, for the trainers, and for the training
  262  required in this section.
  263         (g) Upon completing the training listed in this section,
  264  the employee shall be issued a certificate that states that the
  265  training mandated under this section has been received. The
  266  certificate shall be dated and signed by the training provider.
  267  The certificate is evidence of completion of this training, and
  268  the employee is not required to repeat this training if the
  269  employee changes employment to a different home health agency.
  270         (2)(h) A licensed home health agency whose unduplicated
  271  census during the most recent calendar year was composed
  272  comprised of at least 90 percent of individuals aged 21 years or
  273  younger at the date of admission is exempt from the training
  274  requirements in this section.
  275         (3)(2) An agency licensed under this part which claims that
  276  it provides special care for persons who have Alzheimer’s
  277  disease or other related disorders must disclose in its
  278  advertisements or in a separate document those services that
  279  distinguish the care as being especially applicable to, or
  280  suitable for, such persons. The agency must give a copy of all
  281  such advertisements or a copy of the document to each person who
  282  requests information about the agency and must maintain a copy
  283  of all such advertisements and documents in its records. The
  284  Agency for Health Care Administration shall examine all such
  285  advertisements and documents in the agency’s records as part of
  286  the license renewal procedure.
  287         Section 5. Subsection (1) of section 400.6045, Florida
  288  Statutes, is amended to read:
  289         400.6045 Patients with Alzheimer’s disease or other related
  290  disorders; staff training requirements; certain disclosures.—
  291         (1) A hospice licensed under this part must provide the
  292  following staff training as required in s. 430.5025:
  293         (a) Upon beginning employment with the agency, each
  294  employee must receive basic written information about
  295  interacting with persons who have Alzheimer’s disease or
  296  dementia-related disorders.
  297         (b) In addition to the information provided under paragraph
  298  (a), employees who are expected to, or whose responsibilities
  299  require them to, have direct contact with participants who have
  300  Alzheimer’s disease or dementia-related disorders must complete
  301  initial training of at least 1 hour within the first 3 months
  302  after beginning employment. The training must include an
  303  overview of dementias and must provide instruction in basic
  304  skills for communicating with persons who have dementia.
  305         (c) In addition to the requirements of paragraphs (a) and
  306  (b), an employee who will be providing direct care to a
  307  participant who has Alzheimer’s disease or a dementia-related
  308  disorder must complete an additional 3 hours of training within
  309  9 months after beginning employment. This training must include,
  310  but is not limited to, the management of problem behaviors,
  311  information about promoting the patient’s independence in
  312  activities of daily living, and instruction in skills for
  313  working with families and caregivers.
  314         (d) For certified nursing assistants, the required 4 hours
  315  of training shall be part of the total hours of training
  316  required annually.
  317         (e) For a health care practitioner as defined in s.
  318  456.001, continuing education hours taken as required by that
  319  practitioner’s licensing board shall be counted toward the total
  320  of 4 hours.
  321         (f) For an employee who is a licensed health care
  322  practitioner as defined in s. 456.001, training that is
  323  sanctioned by that practitioner’s licensing board shall be
  324  considered to be approved by the Department of Elderly Affairs.
  325         (g) The Department of Elderly Affairs or its designee must
  326  approve the required 1-hour and 3-hour training provided to
  327  employees or direct caregivers under this section. The
  328  department must consider for approval training offered in a
  329  variety of formats. The department shall keep a list of current
  330  providers who are approved to provide the 1-hour and 3-hour
  331  training. The department shall adopt rules to establish
  332  standards for the employees who are subject to this training,
  333  for the trainers, and for the training required in this section.
  334         (h) Upon completing any training described in this section,
  335  the employee or direct caregiver shall be issued a certificate
  336  that includes the name of the training provider, the topic
  337  covered, and the date and signature of the training provider.
  338  The certificate is evidence of completion of training in the
  339  identified topic, and the employee or direct caregiver is not
  340  required to repeat training in that topic if the employee or
  341  direct caregiver changes employment to a different hospice or to
  342  a home health agency, assisted living facility, nursing home, or
  343  adult day care center.
  344         Section 6. Subsections (2) through (8) of section 429.178,
  345  Florida Statutes, are amended to read:
  346         429.178 Special care for persons with Alzheimer’s disease
  347  or other related disorders.—
  348         (2)(a) An individual who is employed by a facility that
  349  provides special care for residents who have Alzheimer’s disease
  350  or other related disorders, and who has regular contact with
  351  such residents, must complete the up to 4 hours of initial
  352  dementia-specific training as required in s. 430.5025 developed
  353  or approved by the department. The training must be completed
  354  within 3 months after beginning employment and satisfy the core
  355  training requirements of s. 429.52(3)(g).
  356         (b) A direct caregiver who is employed by a facility that
  357  provides special care for residents who have Alzheimer’s disease
  358  or other related disorders and provides direct care to such
  359  residents must complete the required initial training and 4
  360  additional hours of training developed or approved by the
  361  department. The training must be completed within 9 months after
  362  beginning employment and satisfy the core training requirements
  363  of s. 429.52(3)(g).
  364         (c) An individual who is employed by a facility that
  365  provides special care for residents with Alzheimer’s disease or
  366  other related disorders, but who only has incidental contact
  367  with such residents, must be given, at a minimum, general
  368  information on interacting with individuals with Alzheimer’s
  369  disease or other related disorders, within 3 months after
  370  beginning employment.
  371         (3) In addition to the training required under subsection
  372  (2), a direct caregiver must participate in a minimum of 4
  373  contact hours of continuing education each calendar year. The
  374  continuing education must include one or more topics included in
  375  the dementia-specific training developed or approved by the
  376  department, in which the caregiver has not received previous
  377  training.
  378         (4) Upon completing any training listed in subsection (2),
  379  the employee or direct caregiver shall be issued a certificate
  380  that includes the name of the training provider, the topic
  381  covered, and the date and signature of the training provider.
  382  The certificate is evidence of completion of training in the
  383  identified topic, and the employee or direct caregiver is not
  384  required to repeat training in that topic if the employee or
  385  direct caregiver changes employment to a different facility. The
  386  employee or direct caregiver must comply with other applicable
  387  continuing education requirements.
  388         (5) The department, or its designee, shall approve the
  389  initial and continuing education courses and providers.
  390         (6) The department shall keep a current list of providers
  391  who are approved to provide initial and continuing education for
  392  staff of facilities that provide special care for persons with
  393  Alzheimer’s disease or other related disorders.
  394         (3)(7) Any facility more than 90 percent of whose residents
  395  receive monthly optional supplementation payments is not
  396  required to pay for the training and education programs required
  397  under this section. A facility that has one or more such
  398  residents must shall pay a reduced fee that is proportional to
  399  the percentage of such residents in the facility. A facility
  400  that does not have any residents who receive monthly optional
  401  supplementation payments must pay a reasonable fee, as
  402  established by the department, for such training and education
  403  programs.
  404         (4)(8) The department shall adopt rules to establish
  405  standards for trainers and training and to implement this
  406  section.
  407         Section 7. Subsection (1) of section 429.52, Florida
  408  Statutes, is amended to read:
  409         429.52 Staff training and educational requirements.—
  410         (1) Each new assisted living facility employee who has not
  411  previously completed core training must attend a preservice
  412  orientation provided by the facility before interacting with
  413  residents. The preservice orientation must be at least 2 hours
  414  in duration and cover topics that help the employee provide
  415  responsible care and respond to the needs of facility residents.
  416  Upon completion, the employee and the administrator of the
  417  facility must sign a statement that the employee completed the
  418  required preservice orientation. The facility must keep the
  419  signed statement in the employee’s personnel record. Each
  420  assisted living facility shall provide staff training as
  421  required in s. 430.5025.
  422         Section 8. Section 429.83, Florida Statutes, is amended to
  423  read:
  424         429.83 Residents with Alzheimer’s disease or other related
  425  disorders; training; certain disclosures.—
  426         (1)An adult family-care home licensed under this part must
  427  provide staff training as required in s. 430.5025.
  428         (2) An adult family-care home licensed under this part
  429  which claims that it provides special care for persons who have
  430  Alzheimer’s disease or other related disorders must Disclose in
  431  its advertisements or in a separate document those services that
  432  distinguish the care as being especially applicable to, or
  433  suitable for, such persons. The home must give a copy of all
  434  such advertisements or a copy of the document to each person who
  435  requests information about programs and services for persons
  436  with Alzheimer’s disease or other related disorders offered by
  437  the home and must maintain a copy of all such advertisements and
  438  documents in its records. The agency shall examine all such
  439  advertisements and documents in the home’s records as part of
  440  the license renewal procedure.
  441         Section 9. Subsection (1) of section 429.917, Florida
  442  Statutes, is amended to read:
  443         429.917 Patients with Alzheimer’s disease or other related
  444  disorders; staff training requirements; certain disclosures.—
  445         (1) An adult day care center licensed under this part must
  446  provide the following staff training as required in s. 430.5025:
  447         (a) Upon beginning employment with the facility, each
  448  employee must receive basic written information about
  449  interacting with participants who have Alzheimer’s disease or
  450  dementia-related disorders.
  451         (b) In addition to the information provided under paragraph
  452  (a), newly hired adult day care center personnel who are
  453  expected to, or whose responsibilities require them to, have
  454  direct contact with participants who have Alzheimer’s disease or
  455  dementia-related disorders must complete initial training of at
  456  least 1 hour within the first 3 months after beginning
  457  employment. The training must include an overview of dementias
  458  and must provide instruction in basic skills for communicating
  459  with persons who have dementia.
  460         (c) In addition to the requirements of paragraphs (a) and
  461  (b), an employee who will be providing direct care to a
  462  participant who has Alzheimer’s disease or a dementia-related
  463  disorder must complete an additional 3 hours of training within
  464  9 months after beginning employment. This training must include,
  465  but is not limited to, the management of problem behaviors,
  466  information about promoting the participant’s independence in
  467  activities of daily living, and instruction in skills for
  468  working with families and caregivers.
  469         (d) For certified nursing assistants, the required 4 hours
  470  of training shall be part of the total hours of training
  471  required annually.
  472         (e) For a health care practitioner as defined in s.
  473  456.001, continuing education hours taken as required by that
  474  practitioner’s licensing board shall be counted toward the total
  475  of 4 hours.
  476         (f) For an employee who is a licensed health care
  477  practitioner as defined in s. 456.001, training that is
  478  sanctioned by that practitioner’s licensing board shall be
  479  considered to be approved by the Department of Elderly Affairs.
  480         (g) The Department of Elderly Affairs or its designee must
  481  approve the 1-hour and 3-hour training provided to employees and
  482  direct caregivers under this section. The department must
  483  consider for approval training offered in a variety of formats.
  484  The department shall keep a list of current providers who are
  485  approved to provide the 1-hour and 3-hour training. The
  486  department shall adopt rules to establish standards for the
  487  employees who are subject to this training, for the trainers,
  488  and for the training required in this section.
  489         (h) Upon completing any training described in this section,
  490  the employee or direct caregiver shall be issued a certificate
  491  that includes the name of the training provider, the topic
  492  covered, and the date and signature of the training provider.
  493  The certificate is evidence of completion of training in the
  494  identified topic, and the employee or direct caregiver is not
  495  required to repeat training in that topic if the employee or
  496  direct caregiver changes employment to a different adult day
  497  care center or to an assisted living facility, nursing home,
  498  home health agency, or hospice. The direct caregiver must comply
  499  with other applicable continuing education requirements.
  500         (i) An employee who is hired on or after July 1, 2004, must
  501  complete the training required by this section.
  502         Section 10. This act shall take effect July 1, 2021.