Florida Senate - 2023                                    SB 1182
       
       
        
       By Senator Simon
       
       
       
       
       
       3-00592-23                                            20231182__
    1                        A bill to be entitled                      
    2         An act relating to education and training for
    3         Alzheimer’s disease and related forms of dementia;
    4         creating s. 430.5025, F.S.; providing a short title;
    5         defining terms; requiring the Department of Elderly
    6         Affairs to offer certain education about Alzheimer’s
    7         disease and related forms of dementia to the general
    8         public; specifying uniform dementia-related education
    9         and training for employees of covered providers;
   10         requiring the department to provide certain dementia
   11         related employee training in an online format and at
   12         no cost; providing minimum requirements for the
   13         training; requiring the department to make a record of
   14         the completion of the training; providing requirements
   15         for the record; requiring covered providers to
   16         maintain such records of training completion for their
   17         employees; providing that an employee does not have to
   18         repeat such training after changing employment to
   19         another covered provider; providing additional
   20         training and continuing education requirements for
   21         certain employees who provide direct care to patients
   22         with Alzheimer’s disease or related forms of dementia;
   23         authorizing the department to establish training
   24         curriculum guidelines; authorizing the department to
   25         approve training providers and curricula and maintain
   26         a list of approved providers; authorizing training to
   27         be offered in a variety of formats; providing that
   28         certain continuing education does not require the
   29         adoption of curriculum guidelines by the department or
   30         provider or curriculum approval by the department;
   31         providing qualifications and requirements for training
   32         providers; providing that training curricula approved
   33         before the effective date of this act remain in effect
   34         until their respective expiration dates; authorizing
   35         the department to adopt rules related to qualified
   36         training providers and compliance monitoring
   37         procedures; authorizing certified nursing assistants
   38         to count the dementia-related training toward their
   39         annual certification training requirements;
   40         authorizing health care practitioners to count the
   41         dementia-related training requirements toward their
   42         continuing education requirements for licensure;
   43         authorizing persons employed, contracted, or referred
   44         to provide services before the effective date of this
   45         act to complete the required training by a specified
   46         date; providing for the substitution of equivalent
   47         training for training required by this act;
   48         authorizing persons to satisfy the training
   49         requirements of this act using training curricula
   50         approved before the effective date of this act until
   51         the department adopts rules for training curricula
   52         guidelines; amending ss. 400.0239, 400.1755, 400.4785,
   53         and 400.6045, F.S.; conforming provisions to changes
   54         made by the act; creating s. 400.51, F.S.; requiring a
   55         person employed, contracted, or referred by a nurse
   56         registry or a person registered with the Agency for
   57         Health Care Administration to provide companion or
   58         homemaker services to complete specified training;
   59         amending ss. 429.178, 429.52, 429.83, 429.917, and
   60         429.918, F.S.; conforming provisions to changes made
   61         by the act; providing an effective date.
   62          
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Section 430.5025, Florida Statutes, is created
   66  to read:
   67         430.5025Alzheimer’s disease and related forms of dementia;
   68  education and training.—
   69         (1)This section may be cited as the “Alzheimer’s Disease
   70  and Related Forms of Dementia Education and Training Act.”
   71         (2)As used in this section, the term:
   72         (a)“Covered provider” means a nursing home, a home health
   73  agency, a nurse registry, a companion or homemaker service
   74  provider, an assisted living facility, an adult family-care
   75  home, or an adult day care center licensed or registered under
   76  chapter 400 or chapter 429.
   77         (b)“Department” means the Department of Elderly Affairs or
   78  its designee.
   79         (c)“Employee” means a person, contracted staff, or an
   80  independent contractor employed or referred by a covered
   81  provider who is required to undergo a level 2 background
   82  screening under s. 408.809 and chapter 435.
   83         (d)“Personal care” means providing, through in-person
   84  contact, assistance with activities of daily living, assistance
   85  with self-administration of medication, homemaker or companion
   86  services, nursing services, or other services that promote the
   87  physical, mental, and psychosocial well-being of participants,
   88  patients, and residents of covered providers. The term does not
   89  include duties involving administrative functions or maintaining
   90  the physical environment of a licensed facility, including
   91  grounds maintenance, building maintenance, housekeeping,
   92  laundry, or food preparation.
   93         (e)“Regular contact” means the performance of duties other
   94  than personal care which may require employees to interact in
   95  person on a daily basis with participants, patients, or
   96  residents.
   97         (3)The department shall offer to the general public
   98  education about Alzheimer’s disease and related forms of
   99  dementia. Such education must provide basic information about
  100  the most common forms of dementia, how to identify the signs and
  101  symptoms of dementia, coping skills, how to respond to changes,
  102  planning for the future, and how to access additional resources
  103  about dementia.
  104         (4)Covered providers must provide employees the following
  105  training for Alzheimer’s disease and related forms of dementia:
  106         (a)Upon beginning employment, each employee must receive
  107  basic written information about interacting with persons who
  108  have Alzheimer’s disease or related forms of dementia.
  109         (b)Within 30 days after beginning employment, each
  110  employee who provides personal care to or has regular contact
  111  with participants, patients, or residents must complete a 1-hour
  112  training program provided by the department.
  113         1.The department shall provide the training in an online
  114  format at no cost. The 1-hour training program must contain
  115  information on understanding the basics about the most common
  116  forms of dementia, how to identify the signs and symptoms of
  117  dementia, and skills for communicating and interacting with
  118  persons with Alzheimer’s disease or related forms of dementia. A
  119  record of the training program must be made available to the
  120  covered provider which includes the training, the name of the
  121  employee, and the date of completion.
  122         2.A covered provider must maintain a record of the
  123  employee’s completion of the training and, upon written request
  124  of the employee, provide the employee with a copy of the record
  125  of completion consistent with the employer’s written policies.
  126         3.An employee who has completed the training required in
  127  this subsection is not required to repeat the program upon
  128  changing employment to a different covered provider.
  129         (c)Within 7 months after beginning employment with a home
  130  health agency, nurse registry, or companion or homemaker service
  131  provider, each employee who provides personal care for persons
  132  who have Alzheimer’s disease or related forms of dementia must
  133  complete 2 hours of training in addition to the training
  134  required in paragraphs (a) and (b). The additional training must
  135  include, but is not limited to, behavior management, promoting
  136  the person’s independence in activities of daily living, and
  137  skills for working with families and caregivers.
  138         (d)Within 7 months after beginning employment with a
  139  nursing home, an assisted living facility, an adult family-care
  140  home, or an adult day care center, each employee who provides
  141  personal care for persons with Alzheimer’s disease or related
  142  forms of dementia must complete 3 hours of training in addition
  143  to the training required in paragraphs (a) and (b). The
  144  additional training must include, but is not limited to,
  145  behavior management, promoting the person’s independence in
  146  activities of daily living, skills for working with families and
  147  caregivers, group and individual activities, maintaining an
  148  appropriate environment, and ethical issues.
  149         (e)For an assisted living facility, adult family-care
  150  home, or adult day care center that advertises and provides, or
  151  is designated to provide, specialized care for persons with
  152  Alzheimer’s disease, in addition to the training specified in
  153  paragraphs (a) and (b), each employee must receive the following
  154  training:
  155         1.Within 3 months after beginning employment, each
  156  employee who provides personal care to or has regular contact
  157  with the residents or participants must complete the additional
  158  3 hours of training as provided in paragraph (d).
  159         2.Within 6 months after beginning employment, each
  160  employee who provides personal care must complete an additional
  161  4 hours of dementia-specific training. Such training must
  162  include, but is not limited to, understanding Alzheimer’s
  163  disease and related forms of dementia, the stages of Alzheimer’s
  164  disease, communication strategies, medical information, and
  165  stress management.
  166         3.Thereafter, each employee who provides personal care
  167  must participate in at least 4 hours of continuing education
  168  each calendar year through contact hours, on-the-job training,
  169  or electronic learning technology. For this subparagraph, the
  170  term “on-the-job training” means a form of direct coaching in
  171  which a facility administrator or his or her designee instructs
  172  an employee who provides personal care with guidance, support,
  173  or hands-on experience to help develop and refine the employee’s
  174  skills for caring for a person with Alzheimer’s disease or a
  175  related form of dementia. The continuing education must cover at
  176  least one of the topics included in the dementia-specific
  177  training in which the employee has not received previous
  178  training in the previous calendar year. The continuing education
  179  may be fulfilled and documented in a minimum of one quarter-hour
  180  increments through on-the-job training of the employee by a
  181  facility administrator or his or her designee or by an
  182  electronic learning technology chosen by the facility
  183  administrator. On-the-job training may not account for more than
  184  2 hours of continuing education each calendar year.
  185         (5)The department may establish training curricula
  186  guidelines for the training required in paragraphs (4)(c), (d),
  187  and (e). The department may approve training providers and
  188  training curricula and maintain a list of approved providers.
  189  Approved training may be offered in a variety of formats,
  190  including, but not limited to, in person, electronically, or on
  191  the-job by a facility administrator or his or her designee.
  192  Continuing education under this section does not require the
  193  adoption of training curricula guidelines by the department or
  194  approval of the training provider and curricula by the
  195  department.
  196         (a)A training provider meeting one of the following
  197  qualifications may offer training in compliance with the
  198  training curricula guidelines without prior approval of the
  199  department:
  200         1.A person approved by an applicable board or the
  201  Department of Health to provide training who is registered with
  202  the electronic continuing education tracking system under s.
  203  456.025;
  204         2.A person with a master’s or doctoral degree in health
  205  care, social services, or gerontology from an accredited college
  206  or university; or
  207         3.A person approved by the department before July 1, 2023.
  208         (b)Training providers qualified under subparagraphs (a)1.
  209  and 2. must also have:
  210         1.At least 1 year of teaching experience as an educator
  211  for caregivers of persons with Alzheimer’s disease or related
  212  forms of dementia;
  213         2.At least 1 year of practical experience in a program
  214  providing care to persons with Alzheimer’s disease or related
  215  forms of dementia; or
  216         3.Completed a specialized training program in the subject
  217  matter of Alzheimer’s disease and related forms of dementia from
  218  an accredited health care, human services, or gerontology
  219  education provider.
  220         (c)Upon an employee’s completion of the training specified
  221  in paragraphs (4)(c), (d), and (e), the training provider must
  222  provide a record of the completion of the training which
  223  includes the name of the employee, the name of the training
  224  provider, the topics covered, and the date of completion. The
  225  training record is evidence of completion of training in the
  226  identified topic, and the employee is not required to repeat
  227  training in that topic if the employee changes employment to a
  228  different covered provider.
  229         (d)Any Alzheimer’s disease and related forms of dementia
  230  training curriculum approved by the department before July 1,
  231  2023, remain in effect until the curriculum’s expiration date.
  232         (6)The department may adopt rules to establish
  233  requirements for the approval of other qualified training
  234  providers and a process for conducting a sampling of training or
  235  training curriculum as necessary to monitor for compliance with
  236  curricula guidelines.
  237         (7)For a certified nursing assistant as defined in s.
  238  464.201, training hours completed as required under this section
  239  may count toward the total hours of training required to
  240  maintain certification as a nursing assistant.
  241         (8)For a health care practitioner as defined in s.
  242  456.001, training hours completed as required under this section
  243  may count toward the total hours of continuing education
  244  required by that practitioner’s licensing board.
  245         (9)Each person employed, contracted, or referred to
  246  provide services before July 1, 2023, must complete the training
  247  required in this section before July 1, 2026. Proof of
  248  completion of equivalent training completed before July 1, 2023,
  249  may substitute for the training required in subsection (4). Each
  250  person employed, contracted, or referred to provide services on
  251  or after July 1, 2023, may satisfy training requirements by
  252  completing training curricula approved under subparagraph (5)(d)
  253  until the effective date of the rules adopted by the department
  254  under subsection (6).
  255         Section 2. Paragraph (b) of subsection (2) of section
  256  400.0239, Florida Statutes, is amended to read:
  257         400.0239 Quality of Long-Term Care Facility Improvement
  258  Trust Fund.—
  259         (2) Expenditures from the trust fund shall be allowable for
  260  direct support of the following:
  261         (b) Development and implementation of specialized training
  262  programs for long-term care facility personnel who provide
  263  direct care for residents with Alzheimer’s disease and other
  264  dementias as provided under s. 430.5025, residents at risk of
  265  developing pressure sores, and residents with special nutrition
  266  and hydration needs.
  267         Section 3. Section 400.1755, Florida Statutes, is amended
  268  to read:
  269         400.1755 Care for persons with Alzheimer’s disease or
  270  related disorders; staff training requirements.—
  271         (1) As a condition of licensure, the employees of
  272  facilities licensed under this part must complete the training
  273  required under s. 430.5025 provide to each of their employees,
  274  upon beginning employment, basic written information about
  275  interacting with persons with Alzheimer’s disease or a related
  276  disorder.
  277         (2)All employees who are expected to, or whose
  278  responsibilities require them to, have direct contact with
  279  residents with Alzheimer’s disease or a related disorder must,
  280  in addition to being provided the information required in
  281  subsection (1), also have an initial training of at least 1 hour
  282  completed in the first 3 months after beginning employment. This
  283  training must include, but is not limited to, an overview of
  284  dementias and must provide basic skills in communicating with
  285  persons with dementia.
  286         (3)An individual who provides direct care shall be
  287  considered a direct caregiver and must complete the required
  288  initial training and an additional 3 hours of training within 9
  289  months after beginning employment. This training shall include,
  290  but is not limited to, managing problem behaviors, promoting the
  291  resident’s independence in activities of daily living, and
  292  skills in working with families and caregivers.
  293         (a)The required 4 hours of training for certified nursing
  294  assistants are part of the total hours of training required
  295  annually.
  296         (b)For a health care practitioner as defined in s.
  297  456.001, continuing education hours taken as required by that
  298  practitioner’s licensing board shall be counted toward this
  299  total of 4 hours.
  300         (4)For an employee who is a licensed health care
  301  practitioner as defined in s. 456.001, training that is
  302  sanctioned by that practitioner’s licensing board shall be
  303  considered to be approved by the Department of Elderly Affairs.
  304         (5)The Department of Elderly Affairs or its designee must
  305  approve the initial and continuing training provided in the
  306  facilities. The department must approve training offered in a
  307  variety of formats, including, but not limited to, Internet
  308  based training, videos, teleconferencing, and classroom
  309  instruction. The department shall keep a list of current
  310  providers who are approved to provide initial and continuing
  311  training. The department shall adopt rules to establish
  312  standards for the trainers and the training required in this
  313  section.
  314         (6)Upon completing any training listed in this section,
  315  the employee or direct caregiver shall be issued a certificate
  316  that includes the name of the training provider, the topic
  317  covered, and the date and signature of the training provider.
  318  The certificate is evidence of completion of training in the
  319  identified topic, and the employee or direct caregiver is not
  320  required to repeat training in that topic if the employee or
  321  direct caregiver changes employment to a different facility or
  322  to an assisted living facility, home health agency, adult day
  323  care center, or adult family-care home. The direct caregiver
  324  must comply with other applicable continuing education
  325  requirements.
  326         Section 4. Section 400.4785, Florida Statutes, is amended
  327  to read:
  328         400.4785 Patients with Alzheimer’s disease or other related
  329  disorders; staff training requirements; certain disclosures.—
  330         (1) The employees of a home health agency must complete the
  331  training required under s. 430.5025 A home health agency must
  332  provide the following staff training:
  333         (a)Upon beginning employment with the agency, each
  334  employee must receive basic written information about
  335  interacting with participants who have Alzheimer’s disease or
  336  dementia-related disorders.
  337         (b)In addition to the information provided under paragraph
  338  (a), newly hired home health agency personnel who will be
  339  providing direct care to patients must complete 2 hours of
  340  training in Alzheimer’s disease and dementia-related disorders
  341  within 9 months after beginning employment with the agency. This
  342  training must include, but is not limited to, an overview of
  343  dementia, a demonstration of basic skills in communicating with
  344  persons who have dementia, the management of problem behaviors,
  345  information about promoting the client’s independence in
  346  activities of daily living, and instruction in skills for
  347  working with families and caregivers.
  348         (c)For certified nursing assistants, the required 2 hours
  349  of training shall be part of the total hours of training
  350  required annually.
  351         (d)For a health care practitioner as defined in s.
  352  456.001, continuing education hours taken as required by that
  353  practitioner’s licensing board shall be counted toward the total
  354  of 2 hours.
  355         (e)For an employee who is a licensed health care
  356  practitioner as defined in s. 456.001, training that is
  357  sanctioned by that practitioner’s licensing board shall be
  358  considered to be approved by the Department of Elderly Affairs.
  359         (f)The Department of Elderly Affairs, or its designee,
  360  must approve the required training. The department must consider
  361  for approval training offered in a variety of formats. The
  362  department shall keep a list of current providers who are
  363  approved to provide the 2-hour training. The department shall
  364  adopt rules to establish standards for the employees who are
  365  subject to this training, for the trainers, and for the training
  366  required in this section.
  367         (g)Upon completing the training listed in this section,
  368  the employee shall be issued a certificate that states that the
  369  training mandated under this section has been received. The
  370  certificate shall be dated and signed by the training provider.
  371  The certificate is evidence of completion of this training, and
  372  the employee is not required to repeat this training if the
  373  employee changes employment to a different home health agency.
  374         (2)(h) A licensed home health agency whose unduplicated
  375  census during the most recent calendar year was composed
  376  comprised of at least 90 percent of individuals aged 21 years or
  377  younger at the date of admission is exempt from the training
  378  requirements in this section.
  379         (3)(2) An agency licensed under this part which claims that
  380  it provides special care for persons who have Alzheimer’s
  381  disease or other related disorders must disclose in its
  382  advertisements or in a separate document those services that
  383  distinguish the care as being especially applicable to, or
  384  suitable for, such persons. The agency must give a copy of all
  385  such advertisements or a copy of the document to each person who
  386  requests information about the agency and must maintain a copy
  387  of all such advertisements and documents in its records. The
  388  Agency for Health Care Administration shall examine all such
  389  advertisements and documents in the agency’s records as part of
  390  the license renewal procedure.
  391         Section 5. Section 400.6045, Florida Statutes, is amended
  392  to read:
  393         400.6045 Patients with Alzheimer’s disease or other related
  394  disorders; staff training requirements; certain disclosures.—
  395         (1) The employees of a home health agency must complete the
  396  training required under s. 430.5025 A hospice licensed under
  397  this part must provide the following staff training:
  398         (a)Upon beginning employment with the agency, each
  399  employee must receive basic written information about
  400  interacting with persons who have Alzheimer’s disease or
  401  dementia-related disorders.
  402         (b)In addition to the information provided under paragraph
  403  (a), employees who are expected to, or whose responsibilities
  404  require them to, have direct contact with participants who have
  405  Alzheimer’s disease or dementia-related disorders must complete
  406  initial training of at least 1 hour within the first 3 months
  407  after beginning employment. The training must include an
  408  overview of dementias and must provide instruction in basic
  409  skills for communicating with persons who have dementia.
  410         (c)In addition to the requirements of paragraphs (a) and
  411  (b), an employee who will be providing direct care to a
  412  participant who has Alzheimer’s disease or a dementia-related
  413  disorder must complete an additional 3 hours of training within
  414  9 months after beginning employment. This training must include,
  415  but is not limited to, the management of problem behaviors,
  416  information about promoting the patient’s independence in
  417  activities of daily living, and instruction in skills for
  418  working with families and caregivers.
  419         (d)For certified nursing assistants, the required 4 hours
  420  of training shall be part of the total hours of training
  421  required annually.
  422         (e)For a health care practitioner as defined in s.
  423  456.001, continuing education hours taken as required by that
  424  practitioner’s licensing board shall be counted toward the total
  425  of 4 hours.
  426         (f)For an employee who is a licensed health care
  427  practitioner as defined in s. 456.001, training that is
  428  sanctioned by that practitioner’s licensing board shall be
  429  considered to be approved by the Department of Elderly Affairs.
  430         (g)The Department of Elderly Affairs or its designee must
  431  approve the required 1-hour and 3-hour training provided to
  432  employees or direct caregivers under this section. The
  433  department must consider for approval training offered in a
  434  variety of formats. The department shall keep a list of current
  435  providers who are approved to provide the 1-hour and 3-hour
  436  training. The department shall adopt rules to establish
  437  standards for the employees who are subject to this training,
  438  for the trainers, and for the training required in this section.
  439         (h)Upon completing any training described in this section,
  440  the employee or direct caregiver shall be issued a certificate
  441  that includes the name of the training provider, the topic
  442  covered, and the date and signature of the training provider.
  443  The certificate is evidence of completion of training in the
  444  identified topic, and the employee or direct caregiver is not
  445  required to repeat training in that topic if the employee or
  446  direct caregiver changes employment to a different hospice or to
  447  a home health agency, assisted living facility, nursing home, or
  448  adult day care center.
  449         (2) A hospice licensed under this part which claims that it
  450  provides special care for persons who have Alzheimer’s disease
  451  or other related disorders must disclose in its advertisements
  452  or in a separate document those services that distinguish the
  453  care as being especially applicable to, or suitable for, such
  454  persons. The hospice must give a copy of all such advertisements
  455  or a copy of the document to each person who requests
  456  information about programs and services for persons with
  457  Alzheimer’s disease or other related disorders offered by the
  458  hospice and must maintain a copy of all such advertisements and
  459  documents in its records. The agency shall examine all such
  460  advertisements and documents in the hospice’s records as part of
  461  the license renewal procedure.
  462         Section 6. Section 400.51, Florida Statutes, is created to
  463  read:
  464         400.51Patients with Alzheimer’s disease or other related
  465  disorders; staff training requirements.—A person employed,
  466  contracted, or referred by a nurse registry or a person
  467  registered with the agency to provide companion or homemaker
  468  services must complete the training required under s. 430.5025.
  469         Section 7. Section 429.178, Florida Statutes, is amended to
  470  read:
  471         429.178 Special care for persons with Alzheimer’s disease
  472  or other related disorders.—
  473         (1) A facility which advertises that it provides special
  474  care for persons with Alzheimer’s disease or other related
  475  disorders must meet the following standards of operation:
  476         (1)(a)1. If the facility has 17 or more residents, have an
  477  awake staff member on duty at all hours of the day and night.;
  478  or
  479         (b)2. If the facility has fewer than 17 residents, have an
  480  awake staff member on duty at all hours of the day and night or
  481  have mechanisms in place to monitor and ensure the safety of the
  482  facility’s residents.
  483         (2)(b) Offer activities specifically designed for persons
  484  who are cognitively impaired.
  485         (3)(c) Have a physical environment that provides for the
  486  safety and welfare of the facility’s residents.
  487         (4)(d) Employ staff who have completed the training and
  488  continuing education required under s. 430.5025 in subsection
  489  (2).
  490         (2)(a)An individual who is employed by a facility that
  491  provides special care for residents who have Alzheimer’s disease
  492  or other related disorders, and who has regular contact with
  493  such residents, must complete up to 4 hours of initial dementia
  494  specific training developed or approved by the department. The
  495  training must be completed within 3 months after beginning
  496  employment and satisfy the core training requirements of s.
  497  429.52(3)(g).
  498         (b)A direct caregiver who is employed by a facility that
  499  provides special care for residents who have Alzheimer’s disease
  500  or other related disorders and provides direct care to such
  501  residents must complete the required initial training and 4
  502  additional hours of training developed or approved by the
  503  department. The training must be completed within 9 months after
  504  beginning employment and satisfy the core training requirements
  505  of s. 429.52(3)(g).
  506         (c)An individual who is employed by a facility that
  507  provides special care for residents with Alzheimer’s disease or
  508  other related disorders, but who only has incidental contact
  509  with such residents, must be given, at a minimum, general
  510  information on interacting with individuals with Alzheimer’s
  511  disease or other related disorders, within 3 months after
  512  beginning employment.
  513         (3) In addition to the training required under subsection
  514  (2), a direct caregiver must participate in a minimum of 4
  515  contact hours of continuing education each calendar year. The
  516  continuing education must include one or more topics included in
  517  the dementia-specific training developed or approved by the
  518  department, in which the caregiver has not received previous
  519  training.
  520         (4) Upon completing any training listed in subsection (2),
  521  the employee or direct caregiver shall be issued a certificate
  522  that includes the name of the training provider, the topic
  523  covered, and the date and signature of the training provider.
  524  The certificate is evidence of completion of training in the
  525  identified topic, and the employee or direct caregiver is not
  526  required to repeat training in that topic if the employee or
  527  direct caregiver changes employment to a different facility. The
  528  employee or direct caregiver must comply with other applicable
  529  continuing education requirements.
  530         (5) The department, or its designee, shall approve the
  531  initial and continuing education courses and providers.
  532         (6) The department shall keep a current list of providers
  533  who are approved to provide initial and continuing education for
  534  staff of facilities that provide special care for persons with
  535  Alzheimer’s disease or other related disorders.
  536         (7) Any facility more than 90 percent of whose residents
  537  receive monthly optional supplementation payments is not
  538  required to pay for the training and education programs required
  539  under this section. A facility that has one or more such
  540  residents shall pay a reduced fee that is proportional to the
  541  percentage of such residents in the facility. A facility that
  542  does not have any residents who receive monthly optional
  543  supplementation payments must pay a reasonable fee, as
  544  established by the department, for such training and education
  545  programs.
  546         (8) The department shall adopt rules to establish standards
  547  for trainers and training and to implement this section.
  548         Section 8. Paragraph (g) of subsection (3) of section
  549  429.52, Florida Statutes, is amended to read:
  550         429.52 Staff training and educational requirements.—
  551         (3) The agency, in conjunction with providers, shall
  552  develop core training requirements for administrators consisting
  553  of core training learning objectives, a competency test, and a
  554  minimum required score to indicate successful passage of the
  555  core competency test. The required core competency test must
  556  cover at least the following topics:
  557         (g) Care of persons with Alzheimer’s disease and related
  558  disorders as provided under s. 430.5025.
  559         Section 9. Section 429.83, Florida Statutes, is amended to
  560  read:
  561         429.83 Residents with Alzheimer’s disease or other related
  562  disorders; training; certain disclosures.—
  563         (1)The employees of an adult family-care home must
  564  complete the training required under s. 430.5025.
  565         (2) An adult family-care home licensed under this part
  566  which claims that it provides special care for persons who have
  567  Alzheimer’s disease or other related disorders must disclose in
  568  its advertisements or in a separate document those services that
  569  distinguish the care as being especially applicable to, or
  570  suitable for, such persons. The home must give a copy of all
  571  such advertisements or a copy of the document to each person who
  572  requests information about programs and services for persons
  573  with Alzheimer’s disease or other related disorders offered by
  574  the home and must maintain a copy of all such advertisements and
  575  documents in its records. The agency shall examine all such
  576  advertisements and documents in the home’s records as part of
  577  the license renewal procedure.
  578         Section 10. Subsection (1) of section 429.917, Florida
  579  Statutes, is amended to read:
  580         429.917 Patients with Alzheimer’s disease or other related
  581  disorders; staff training requirements; certain disclosures.—
  582         (1) The employees of an adult day care center licensed
  583  under this part must complete the training required under s.
  584  430.5025 provide the following staff training:
  585         (a) Upon beginning employment with the facility, each
  586  employee must receive basic written information about
  587  interacting with participants who have Alzheimer’s disease or
  588  dementia-related disorders.
  589         (b) In addition to the information provided under paragraph
  590  (a), newly hired adult day care center personnel who are
  591  expected to, or whose responsibilities require them to, have
  592  direct contact with participants who have Alzheimer’s disease or
  593  dementia-related disorders must complete initial training of at
  594  least 1 hour within the first 3 months after beginning
  595  employment. The training must include an overview of dementias
  596  and must provide instruction in basic skills for communicating
  597  with persons who have dementia.
  598         (c) In addition to the requirements of paragraphs (a) and
  599  (b), an employee who will be providing direct care to a
  600  participant who has Alzheimer’s disease or a dementia-related
  601  disorder must complete an additional 3 hours of training within
  602  9 months after beginning employment. This training must include,
  603  but is not limited to, the management of problem behaviors,
  604  information about promoting the participant’s independence in
  605  activities of daily living, and instruction in skills for
  606  working with families and caregivers.
  607         (d) For certified nursing assistants, the required 4 hours
  608  of training shall be part of the total hours of training
  609  required annually.
  610         (e) For a health care practitioner as defined in s.
  611  456.001, continuing education hours taken as required by that
  612  practitioner’s licensing board shall be counted toward the total
  613  of 4 hours.
  614         (f) For an employee who is a licensed health care
  615  practitioner as defined in s. 456.001, training that is
  616  sanctioned by that practitioner’s licensing board shall be
  617  considered to be approved by the Department of Elderly Affairs.
  618         (g) The Department of Elderly Affairs or its designee must
  619  approve the 1-hour and 3-hour training provided to employees and
  620  direct caregivers under this section. The department must
  621  consider for approval training offered in a variety of formats.
  622  The department shall keep a list of current providers who are
  623  approved to provide the 1-hour and 3-hour training. The
  624  department shall adopt rules to establish standards for the
  625  employees who are subject to this training, for the trainers,
  626  and for the training required in this section.
  627         (h) Upon completing any training described in this section,
  628  the employee or direct caregiver shall be issued a certificate
  629  that includes the name of the training provider, the topic
  630  covered, and the date and signature of the training provider.
  631  The certificate is evidence of completion of training in the
  632  identified topic, and the employee or direct caregiver is not
  633  required to repeat training in that topic if the employee or
  634  direct caregiver changes employment to a different adult day
  635  care center or to an assisted living facility, nursing home,
  636  home health agency, or hospice. The direct caregiver must comply
  637  with other applicable continuing education requirements.
  638         (i) An employee who is hired on or after July 1, 2004, must
  639  complete the training required by this section.
  640         Section 11. Subsection (6) of section 429.918, Florida
  641  Statutes, is amended to read:
  642         429.918 Licensure designation as a specialized Alzheimer’s
  643  services adult day care center; training.—
  644         (6)(a) An adult day care center having a license designated
  645  under this section must provide the following staff training and
  646  supervision:
  647         (a)1. A registered nurse or licensed practical nurse must
  648  be on site daily for at least 75 percent of the time that the
  649  center is open to ADRD participants. Each licensed practical
  650  nurse who works at the center must be supervised in accordance
  651  with chapter 464.
  652         (b) Each employee must complete the training and continuing
  653  education required under s. 430.5025
  654         2. Upon beginning employment with the center, each employee
  655  must receive and review basic written information about
  656  interacting with ADRD participants.
  657         3. In addition to the information provided in subparagraph
  658  2., every employee hired on or after July 1, 2012, who has
  659  direct contact with ADRD participants shall complete 4 hours of
  660  dementia-specific training within 3 months after employment.
  661         4. In addition to the requirements of subparagraphs 2. and
  662  3., each employee hired on or after July 1, 2012, who provides
  663  direct care to ADRD participants shall complete an additional 4
  664  hours of dementia-specific training within 6 months after
  665  employment.
  666         (b) The Department of Elderly Affairs or its designee shall
  667  approve the training required under this section. The department
  668  shall adopt rules to establish standards for employees who are
  669  subject to this training, for trainers, and for the training
  670  required in this section.
  671         (c) Upon completing any training described in this section,
  672  the employee shall be issued a certificate that includes the
  673  name of the training provider, the topics covered, and the date
  674  and signature of the training provider. The certificate is
  675  evidence of completion of training in the identified topics, and
  676  the employee is not required to repeat training in those topics
  677  if the employee changes employment to a different adult day care
  678  center.
  679         (c)(d) Each employee hired on or after July 1, 2012, who
  680  provides direct care to ADRD participants, must receive and
  681  review an orientation plan that includes, at a minimum:
  682         1. Procedures to locate an ADRD participant who has
  683  wandered from the center. These procedures must shall be
  684  reviewed regularly with all direct care staff.
  685         2. Information on the Silver Alert program in this state.
  686         3. Information regarding available products or programs
  687  used to identify ADRD participants or prevent them from
  688  wandering away from the center, their home, or other locations.
  689         Section 12. This act shall take effect July 1, 2023.