SENATE AMENDMENT
    Bill No. CS for SB 1062, 1st Eng.
    Amendment No. ___   Barcode 184958
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  1/AD/3R        .                    
       04/23/2004 01:32 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Saunders moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 7, line 4, through
15            page 8, line 3, delete those lines
16  
17  and insert:  
18         Section 5.  Subsection (4) of section 400.211, Florida
19  Statutes, is amended to read:
20         400.211  Persons employed as nursing assistants;
21  certification requirement.--
22         (4)  When employed by a nursing home facility for a
23  12-month period or longer, a nursing assistant, to maintain
24  certification, shall submit to a performance review every 12
25  months and must receive regular inservice education based on
26  the outcome of these such reviews. The inservice training
27  must:
28         (a)  Be sufficient to ensure the continuing competence
29  of nursing assistants and must meet the standard specified in
30  s. 464.203(7), must be at least 18 hours per year, and may
31  include hours accrued under s. 464.203(8);
                                  1
    11:18 AM   04/22/04                             s1062c1c-37237

SENATE AMENDMENT Bill No. CS for SB 1062, 1st Eng. Amendment No. ___ Barcode 184958 1 (b) Include, at a minimum: 2 1. Techniques for assisting with eating and proper 3 feeding; 4 2. Principles of adequate nutrition and hydration; 5 3. Techniques for assisting and responding to the 6 cognitively impaired resident or the resident with difficult 7 behaviors; 8 4. Techniques for caring for the resident at the 9 end-of-life; and 10 5. Recognizing changes that place a resident at risk 11 for pressure ulcers and falls; and 12 (c) Address areas of weakness as determined in nursing 13 assistant performance reviews and may address the special 14 needs of residents as determined by the nursing home facility 15 staff. 16 17 Costs associated with this training may not be reimbursed from 18 additional Medicaid funding through interim rate adjustments. 19 Section 6. Subsection (1) of section 464.203, Florida 20 Statutes, is amended, and subsections (8) and (9) are added to 21 that section, to read: 22 464.203 Certified nursing assistants; certification 23 requirement.-- 24 (1) The board shall issue a certificate to practice as 25 a certified nursing assistant to any person who demonstrates a 26 minimum competency to read and write and successfully passes 27 the required background Level I or Level II screening in 28 subsection (8) pursuant to s. 400.215 and who meets one of the 29 following requirements: 30 (a) Has successfully completed an approved training 31 program and achieved a minimum score, established by rule of 2 11:18 AM 04/22/04 s1062c1c-37237
SENATE AMENDMENT Bill No. CS for SB 1062, 1st Eng. Amendment No. ___ Barcode 184958 1 the board, on the nursing assistant competency examination, 2 which consists of a written portion and skills-demonstration 3 portion approved by the board and administered at a site and 4 by personnel approved by the department. 5 (b) Has achieved a minimum score, established by rule 6 of the board, on the nursing assistant competency examination, 7 which consists of a written portion and skills-demonstration 8 portion, approved by the board and administered at a site and 9 by personnel approved by the department and: 10 1. Has a high school diploma, or its equivalent; or 11 2. Is at least 18 years of age. 12 (c) Is currently certified in another state; is listed 13 on that state's certified nursing assistant registry; and has 14 not been found to have committed abuse, neglect, or 15 exploitation in that state. 16 (d) Has completed the curriculum developed under the 17 Enterprise Florida Jobs and Education Partnership Grant and 18 achieved a minimum score, established by rule of the board, on 19 the nursing assistant competency examination, which consists 20 of a written portion and skills-demonstration portion, 21 approved by the board and administered at a site and by 22 personnel approved by the department. 23 (8) For purposes of this section, background screening 24 shall include: 25 (a) A determination whether the person seeking the 26 certificate has committed any act that would constitute 27 grounds for disciplinary sanctions as provided in s. 28 464.204(1); and 29 (b)1. For persons who have continuously resided in 30 this state for the 5 years immediately preceding the date of 31 screening, level 1 screening as set forth in chapter 435; or 3 11:18 AM 04/22/04 s1062c1c-37237
SENATE AMENDMENT Bill No. CS for SB 1062, 1st Eng. Amendment No. ___ Barcode 184958 1 2. For persons who have not continuously resided in 2 this state for the 5 years immediately preceding the date of 3 screening, level 2 screening as set forth in chapter 435. 4 (9) Beginning January 1, 2005, the Department of 5 Health and the Agency for Health Care Administration shall, 6 after certification of an applicant, post information relating 7 to background screening on the agency's background-screening 8 database, which shall be available only to employers and 9 prospective employers, who, as a condition of employment, are 10 required by law to conduct a background check for the 11 employment of certified nursing assistants. 12 Section 7. Subsection (5) of section 400.215, Florida 13 Statutes, is amended to read: 14 400.215 Personnel screening requirement.-- 15 (5) Any provision of law to the contrary 16 notwithstanding, persons who have been screened and qualified 17 as required by this section or s. 464.203 and who have not 18 been unemployed for more than 180 days thereafter, and who 19 under penalty of perjury attest to not having been convicted 20 of a disqualifying offense since the completion of such 21 screening, shall not be required to be rescreened. For 22 purposes of this subsection, screened and qualified under s. 23 464.203 means that the person subject to such screening at the 24 time of certification by the Board of Nursing does not have 25 any disqualifying offense under chapter 435 or has received an 26 exemption from any disqualification under chapter 435 from the 27 Board of Nursing. An mployer may obtain, under pursuant to s. 28 435.10, written verification of qualifying screening results 29 from the previous employer or other entity which caused the 30 such screening to be performed. 31 4 11:18 AM 04/22/04 s1062c1c-37237
SENATE AMENDMENT Bill No. CS for SB 1062, 1st Eng. Amendment No. ___ Barcode 184958 1 (Redesignate subsequent sections.) 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 On page 1, line 20, after the semicolon, 7 8 insert: 9 amending s. 464.203, F.S.; providing that a 10 person must pass the required background 11 screening as a part of the certification 12 process for certified nursing assistants; 13 revising the requirements for conducting the 14 background screening; requiring the Agency for 15 Health Care Administration to post information 16 relating to background screening in its 17 database, after January 1, 2005; requiring that 18 the database be available to employers and 19 prospective employers; amending s. 400.215, 20 F.S.; providing that a person who has been 21 screened under certain provisions of law is not 22 required to be rescreened to be employed in a 23 nursing home; 24 25 26 27 28 29 30 31 5 11:18 AM 04/22/04 s1062c1c-37237