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House Bill 0803

Florida House of Representatives - 1997 HB 803 By Representative Eggelletion 1 A bill to be entitled 2 An act relating to special care units; amending 3 s. 400.402, F.S.; defining the term "special 4 care unit" for purposes of part III of ch. 400, 5 F.S., relating to assisted living facilities; 6 amending s. 400.4177, F.S.; requiring that an 7 assisted living facility provide a special care 8 unit for the care of persons who have 9 Alzheimer's disease or related disorders; 10 amending s. 400.452, F.S.; providing additional 11 training requirements for staff who work in 12 special care units and for direct caregivers; 13 requiring that the training be completed by 14 specified dates; specifying topics to be 15 included in level I and level II curricula; 16 requiring continuing education for direct 17 caregivers; providing for certification upon 18 completion of training; providing for employees 19 of certain facilities to receive training at no 20 charge; providing requirements for providers of 21 initial and continuing education courses; 22 requiring the Department of Elderly Affairs to 23 approve courses and providers; amending s. 24 400.441, F.S., relating to rules establishing 25 standards; providing for the department to 26 adopt such rules at its discretion; amending s. 27 400.407, F.S., relating to licensure of 28 facilities; conforming a cross reference to 29 changes made by the act; providing an effective 30 date. 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 Be It Enacted by the Legislature of the State of Florida: 2 3 Section 1. Present subsections (22), (23), (24), (25), 4 and (26) of section 400.402, Florida Statutes, are 5 redesignated as subsections (23), (24), (25), (26), and (27), 6 respectively, and a new subsection (22) is added to said 7 section, to read: 8 400.402 Definitions.--When used in this part, unless 9 the context otherwise requires, the term: 10 (22) "Special care unit" means a facility or 11 designated part of a facility that: 12 (a) Provides special care for persons who have 13 Alzheimer's disease or other related disorders; 14 (b) Admits individuals who have a medical diagnosis of 15 probable Alzheimer's disease or other related disorders and 16 meet the criteria for appropriateness of placement under s. 17 400.426; 18 (c)1. If the facility has 17 or more residents, has an 19 awake staff member on duty at all hours of the day and night; 20 or 21 2. If the facility has fewer than 17 residents, has an 22 awake staff member on duty at all hours of the day and night 23 or has mechanisms in place to monitor and ensure the safety of 24 the facility's residents; 25 (d) Offers activities specifically designed for 26 persons who are cognitively impaired; 27 (e) Has a physical environment that provides for the 28 safety and welfare of the facility's residents; and 29 (f) Employs staff who have completed the training and 30 continuing education required under s. 400.452. 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 Section 2. Section 400.4177, Florida Statutes, is 2 amended to read: 3 400.4177 Patients with Alzheimer's disease or other 4 related disorders; certain disclosures.--A facility licensed 5 under this part which claims that it provides special care for 6 persons who have Alzheimer's disease or other related 7 disorders must provide a special care unit, as defined in s. 8 400.402, for those persons and must disclose in its 9 advertisements or in a separate document those services that 10 distinguish the care as being especially applicable to, or 11 suitable for, such persons. The facility must give a copy of 12 all such advertisements or a copy of the document to each 13 person who requests information about programs and services 14 for persons with Alzheimer's disease or other related 15 disorders offered by the facility and must maintain a copy of 16 all such advertisements and documents in its records. The 17 agency shall examine all such advertisements and documents in 18 the facility's records as part of the license renewal 19 procedure. 20 Section 3. Section 400.452, Florida Statutes, is 21 amended to read: 22 400.452 Staff training and educational programs; core 23 educational requirement.-- 24 (1) The department shall provide, or cause to be 25 provided, training and educational programs for the 26 administrators and such other facility staff, as are defined 27 by the department, to better enable them to appropriately 28 respond to the needs of residents and to meet licensure 29 requirements. 30 (2) The department shall also establish a core 31 educational requirement to be used in these programs. 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 Successful completion of the core educational requirement must 2 include successful completion of a competency test. Programs 3 must be provided by the department or by a provider approved 4 by the department at least quarterly. The core educational 5 requirement must cover at least the following topics: 6 (a) State law and rules on assisted living facilities, 7 including lifesafety requirements and procedures. 8 (b) Identifying and reporting abuse, neglect, and 9 exploitation. 10 (c) Special needs of elderly persons, persons with 11 mental illness, and persons with developmental disabilities 12 and how to meet those needs. 13 (d) Nutrition and food service, including acceptable 14 sanitation practices for preparing, storing, and serving food. 15 (e) Proper techniques for assisting residents with 16 self-administered medication, including recordkeeping. 17 (f) Firesafety requirements, including fire evacuation 18 drills. 19 (g) Level I curriculum as specified in subsection (8). 20 (3) The core educational requirement and the training 21 required for staff who work in special care units Such a 22 program must be available at least quarterly in each planning 23 and service area district of the department of Health and 24 Rehabilitative Services. The competency test must be 25 developed by the department in conjunction with the agency and 26 providers and must be available for use by January 1, 1997. 27 Beginning July 1, 1997, a new facility administrator must 28 complete the core educational requirement including the 29 competency test within 3 months after being employed as an 30 administrator. Failure to complete a core educational 31 requirement specified in this subsection is a violation of 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 this part and subjects the violator to a penalty as prescribed 2 in s. 400.419. Administrators licensed in accordance with 3 chapter 468, part II, are exempt from this requirement. Other 4 licensed professionals may be exempted, as determined by the 5 department by rule. Persons responsible for managing the 6 facility's food service who successfully complete the core 7 training on or after October 1, 1991, are exempt from the 8 certification requirements mandated by s. 381.061(9). 9 (4) Administrators are required to participate in 10 continuing education for a minimum of 12 contact hours every 2 11 years as specified by rule of the department. 12 (5) Administrators and staff of facilities more than 13 10 percent of whose residents are mental health residents 14 shall participate in training in the care and supervision of 15 such residents as specified by rule of the department. 16 (6) Other facility staff shall participate in training 17 relevant to their job duties as specified by rule of the 18 department. 19 (7)(a) An individual who is employed by a facility and 20 works in a special care unit must complete 4 hours of initial 21 training approved by the department or its designee within 6 22 months after the date the department adopts rules to 23 administer the training requirement or within 3 months after 24 beginning employment, whichever occurs later. The training 25 must include the topics in the level I curriculum. 26 (b) Additionally, a direct caregiver who is employed 27 by a facility and works in a special care unit must complete 4 28 hours of initial training approved by the department or its 29 designee in one or more topic areas of the level II curriculum 30 within 1 year after the date the department adopts rules to 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 administer the training requirement or within 9 months after 2 beginning employment, whichever occurs later. 3 (8)(a) Level I curriculum must include the following 4 topics, as each relates to persons who have Alzheimer's 5 disease or other related disorders: 6 1. Normal aging versus memory loss. 7 2. Understanding the verbal and nonverbal 8 communication of persons who have Alzheimer's disease or 9 related disorders. 10 3. Diagnosing Alzheimer's disease and related 11 disorders. 12 4. Other neurological diseases or conditions that 13 cause dementia. 14 5. Causes of Alzheimer's disease and related 15 disorders. 16 6. Signs and symptoms of Alzheimer's disease and 17 related disorders. 18 7. Characteristics of individuals in each stage of 19 Alzheimer's disease. 20 8. Communicating with individuals who have Alzheimer's 21 disease or related disorders. 22 9. Behavior management. 23 10. Personal care assistance. 24 11. Rights and responsibilities of residents. 25 12. Family issues. 26 (b) Level II curriculum must include, but need not be 27 limited to, the following topics, as each relates to persons 28 who have Alzheimer's disease or other related disorders: 29 1. Medical contraindications. 30 2. General information regarding psychopharmacology. 31 3. Clinical trials and drugs. 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 4. Anatomy and physiology of the brain and neurons and 2 the effects of brain changes on individuals who have 3 Alzheimer's disease or related disorders. 4 5. A discussion of synapses, dendrites, axons, and 5 neurotransmitters. 6 6. The physical, emotional, and medical ramifications 7 of the disease process of Alzheimer's disease and related 8 disorders. 9 7. Crisis intervention and safety techniques. 10 8. Resident abuse. 11 9. Meeting daily challenges, including, but not 12 limited to, bathing, eating, toileting, and sundowning. 13 10. Activities for residents. 14 11. Strategies for physically approaching residents. 15 12. Distraction techniques applicable for assisting 16 residents with activities of daily living. 17 13. Validation therapy versus reality therapy. 18 14. Security in a facility and the surrounding 19 environment. 20 15. Caregiver burnout. 21 16. Support systems established to address stress for 22 staff, families, and residents, including: 23 a. Matching roommates without making one roommate the 24 caregiver. 25 b. Assisting residents who do not have families. 26 c. Using volunteers. 27 d. Grieving by the resident and the caregiver. 28 17. Working with community agencies, including 29 hospitals, rehabilitation centers, and medical and social 30 service professionals. 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 18. Ethical issues that relate to individuals who have 2 Alzheimer's disease or related disorders. 3 (9) In addition to the training required under 4 subsection (7), a direct caregiver must participate in a 5 minimum of 4 contact hours of continuing education each 6 calendar year. The continuing education must include one or 7 more topics identified in the level II curriculum in which the 8 caregiver has not received previous training. 9 (10) Upon completing any training listed in subsection 10 (8), the employee or direct caregiver shall be issued a 11 certificate that includes the name of the training provider, 12 the topic covered, and the date and signature of the training 13 provider. The certificate is evidence of completion of 14 training in the identified topic and the employee or direct 15 caregiver is not required to repeat training in that topic if 16 the employee or direct caregiver changes employment to a 17 different facility. The employee or direct caregiver must 18 comply with other applicable continuing education 19 requirements. 20 (11) The facility or the employee or direct caregiver 21 must pay the cost of initial and continuing education, except 22 that employees of a facility in which the majority of 23 residents receive optional state supplementation payments may 24 not be charged for initial and continuing education. 25 (12) The department, or its designee, shall approve 26 the initial and continuing education courses and providers. A 27 provider must have: 28 (a) A college degree; 29 (b) A valid license as a registered or licensed 30 practical nurse in this state; 31 (c) A bachelor's or master's degree in social work; 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 (d) One year of experience as an educator of 2 caregivers for individuals who have Alzheimer's disease or 3 related disorders; or 4 (e) Three years of experience working in a resident 5 program associated with the direct care of individuals who 6 have Alzheimer's disease or related disorders. 7 8 The department may waive the requirements of this subsection 9 based on criteria identified in rules of the department. 10 (13) The department shall keep a current list of 11 providers who are approved to provide initial and continuing 12 education for staff of special care units. 13 (14)(7) Any facility more than 90 percent of whose 14 residents receive monthly optional supplementation payments is 15 not required to pay for the training and education programs 16 required under subsection (2) provided under this section. A 17 facility that has one or more such residents shall pay a 18 reduced fee that is proportional to the percentage of such 19 residents in the facility. A facility that does not have any 20 residents who receive monthly optional supplementation 21 payments must pay a reasonable fee, as established by the 22 department, for such training and education programs. 23 (15)(8) If the department or the agency determines 24 that there are problems in a facility that could be reduced 25 through specific staff training or education beyond that 26 already required under this section, the department or the 27 agency may require, and provide, or cause to be provided, the 28 training or education of any personal care staff in the 29 facility. 30 Section 4. Subsection (1) of section 400.441, Florida 31 Statutes, is amended to read: 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 400.441 Rules establishing standards.-- 2 (1) It is the intent of the Legislature that rules 3 published and enforced pursuant to this section shall include 4 criteria by which a reasonable and consistent quality of 5 resident care and quality of life may be ensured and the 6 results of such resident care may be demonstrated. Such rules 7 shall also ensure a safe and sanitary environment that is 8 residential and noninstitutional in design or nature. It is 9 further intended that reasonable efforts be made to 10 accommodate the needs and preferences of residents to enhance 11 the quality of life in a facility. In order to provide safe 12 and sanitary facilities and the highest quality of resident 13 care accommodating the needs and preferences of residents, the 14 department, in consultation with the agency and the Department 15 of Health and Rehabilitative Services, shall adopt rules, 16 policies, and procedures that it deems are necessary to 17 administer this part and that , which must include reasonable 18 and fair minimum standards in relation to: 19 (a) The maintenance of facilities, not in conflict 20 with the provisions of chapter 553, relating to plumbing, 21 heating, lighting, ventilation, and other housing conditions, 22 which will ensure the health, safety, and comfort of residents 23 and protection from fire hazard, including adequate provisions 24 for fire alarm and other fire protection suitable to the size 25 of the structure. Uniform firesafety standards shall be 26 established and enforced by the State Fire Marshal in 27 cooperation with the agency, the department, and the 28 Department of Health and Rehabilitative Services. 29 1. Evacuation capability determination.-- 30 a. The provisions of the National Fire Protection 31 Association, NFPA 101A, Chapter 5, 1995 edition, shall be used 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 for determining the ability of the residents, with or without 2 staff assistance, to relocate from or within a licensed 3 facility to a point of safety as provided in the fire codes 4 adopted herein. An evacuation capability evaluation for 5 initial licensure shall be conducted within 6 months after the 6 date of licensure. For existing licensed facilities that are 7 not equipped with an automatic fire sprinkler system, the 8 administrator shall evaluate the evacuation capability of 9 residents at least annually. The evacuation capability 10 evaluation for each facility not equipped with an automatic 11 fire sprinkler system shall be validated, without liability, 12 by the State Fire Marshal, by the local fire marshal, or by 13 the local authority having jurisdiction over firesafety, 14 before the license renewal date. If the State Fire Marshal, 15 local fire marshal, or local authority having jurisdiction 16 over firesafety has reason to believe that the evacuation 17 capability of a facility as reported by the administrator may 18 have changed, it may, with assistance from the facility 19 administrator, reevaluate the evacuation capability through 20 timed exiting drills. Translation of timed fire exiting drills 21 to evacuation capability may be determined: 22 (I) Three minutes or less: prompt. 23 (II) More than 3 minutes, but not more than 13 24 minutes: slow. 25 (III) More than 13 minutes: impractical. 26 b. The Office of the State Fire Marshal shall provide 27 or cause the provision of training and education on the proper 28 application of Chapter 5, NFPA 101A, 1995 edition, to its 29 employees, to staff of the Agency for Health Care 30 Administration who are responsible for regulating facilities 31 under this part, and to local governmental inspectors. The 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 Office of the State Fire Marshal shall provide or cause the 2 provision of this training within its existing budget, but may 3 charge a fee for this training to offset its costs. The 4 initial training must be delivered within 6 months after July 5 1, 1995, and as needed thereafter. 6 c. The Office of the State Fire Marshal, in 7 cooperation with provider associations, shall provide or cause 8 the provision of a training program designed to inform 9 facility operators on how to properly review bid documents 10 relating to the installation of automatic fire sprinklers. 11 The Office of the State Fire Marshal shall provide or cause 12 the provision of this training within its existing budget, but 13 may charge a fee for this training to offset its costs. The 14 initial training must be delivered within 6 months after July 15 1, 1995, and as needed thereafter. 16 d. The administrator of a licensed facility shall sign 17 an affidavit verifying the number of residents occupying the 18 facility at the time of the evacuation capability evaluation. 19 2. Firesafety requirements.-- 20 a. Except for the special applications provided 21 herein, effective January 1, 1996, the provisions of the 22 National Fire Protection Association, Life Safety Code, NFPA 23 101, 1994 edition, Chapter 22 for new facilities and Chapter 24 23 for existing facilities shall be the uniform fire code 25 applied by the State Fire Marshal for assisted living 26 facilities, pursuant to s. 633.022. 27 b. Any new facility, regardless of size, that applies 28 for a license on or after January 1, 1996, must be equipped 29 with an automatic fire sprinkler system. The exceptions as 30 provided in section 22-2.3.5.1, NFPA 101, 1994 edition, as 31 adopted herein, apply to any new facility housing eight or 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 fewer residents. On July 1, 1995, local governmental entities 2 responsible for the issuance of permits for construction shall 3 inform, without liability, any facility whose permit for 4 construction is obtained prior to January 1, 1996, of this 5 automatic fire sprinkler requirement. As used in this part, 6 the term "a new facility" does not mean an existing facility 7 that has undergone change of ownership. 8 c. Notwithstanding any provision of s. 633.022 or of 9 the National Fire Protection Association, NFPA 101A, Chapter 10 5, 1995 edition, to the contrary, any existing facility 11 housing eight or fewer residents is not required to install an 12 automatic fire sprinkler system, nor to comply with any other 13 requirement in Chapter 23 of NFPA 101, 1994 edition, that 14 exceeds the firesafety requirements of NFPA 101, 1988 edition, 15 that applies to this size facility, unless the facility has 16 been classified as impractical to evacuate. Any existing 17 facility housing eight or fewer residents that is classified 18 as impractical to evacuate must install an automatic fire 19 sprinkler system within the timeframes granted in this 20 section. 21 d. Any existing facility that is required to install 22 an automatic fire sprinkler system under this paragraph need 23 not meet other firesafety requirements of Chapter 23, NFPA 24 101, 1994 edition, which exceed the provisions of NFPA 101, 25 1988 edition. The mandate contained in this paragraph which 26 requires certain facilities to install an automatic fire 27 sprinkler system supersedes any other requirement. 28 e. This paragraph does not supersede the exceptions 29 granted in NFPA 101, 1988 edition or 1994 edition. 30 31 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 f. This paragraph does not exempt facilities from 2 other firesafety provisions adopted under s. 633.022 and local 3 building code requirements in effect before July 1, 1995. 4 g. A local government may charge fees only in an 5 amount not to exceed the actual expenses incurred by local 6 government relating to the installation and maintenance of an 7 automatic fire sprinkler system in an existing and properly 8 licensed assisted living facility structure as of January 1, 9 1996. 10 h. If a licensed facility undergoes major 11 reconstruction or addition to an existing building on or after 12 January 1, 1996, the entire building must be equipped with an 13 automatic fire sprinkler system. Major reconstruction of a 14 building means repair or restoration that costs in excess of 15 50 percent of the value of the building as reported on the tax 16 rolls, excluding land, before reconstruction. Multiple 17 reconstruction projects within a 5-year period the total costs 18 of which exceed 50 percent of the initial value of the 19 building at the time the first reconstruction project was 20 permitted are to be considered as major reconstruction. 21 Application for a permit for an automatic fire sprinkler 22 system is required upon application for a permit for a 23 reconstruction project that creates costs that go over the 24 50-percent threshold. 25 i. Any facility licensed before January 1, 1996, that 26 is required to install an automatic fire sprinkler system 27 shall ensure that the installation is completed within the 28 following timeframes based upon evacuation capability of the 29 facility as determined under subparagraph 1.: 30 (I) Impractical evacuation capability, 24 months. 31 (II) Slow evacuation capability, 48 months. 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 (III) Prompt evacuation capability, 60 months. 2 3 The beginning date from which the deadline for the automatic 4 fire sprinkler installation requirement must be calculated is 5 upon receipt of written notice from the local fire official 6 that an automatic fire sprinkler system must be installed. The 7 local fire official shall send a copy of the document 8 indicating the requirement of a fire sprinkler system to the 9 Agency for Health Care Administration. 10 j. It is recognized that the installation of an 11 automatic fire sprinkler system may create financial hardship 12 for some facilities. The appropriate local fire official 13 shall, without liability, grant two 1-year extensions to the 14 timeframes for installation established herein, if an 15 automatic fire sprinkler installation cost estimate and proof 16 of denial from two financial institutions for a construction 17 loan to install the automatic fire sprinkler system are 18 submitted. However, for any facility with a class I or class 19 II, or a history of uncorrected class III, firesafety 20 deficiencies, an extension must not be granted. The local 21 fire official shall send a copy of the document granting the 22 time extension to the Agency for Health Care Administration. 23 k. A facility owner whose facility is required to be 24 equipped with an automatic fire sprinkler system under Chapter 25 23, NFPA 101, 1994 edition, as adopted herein, must disclose 26 to any potential buyer of the facility that an installation of 27 an automatic fire sprinkler requirement exists. The sale of 28 the facility does not alter the timeframe for the installation 29 of the automatic fire sprinkler system. 30 l. Existing facilities required to install an 31 automatic fire sprinkler system as a result of 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 construction-type restrictions in Chapter 23, NFPA 101, 1994 2 edition, as adopted herein, or evacuation capability 3 requirements shall be notified by the local fire official in 4 writing of the automatic fire sprinkler requirement, as well 5 as the appropriate date for final compliance as provided in 6 this subparagraph. The local fire official shall send a copy 7 of the document to the Agency for Health Care Administration. 8 m. Except in cases of life-threatening fire hazards, 9 if an existing facility experiences a change in the evacuation 10 capability, or if the local authority having jurisdiction 11 identifies a construction-type restriction, such that an 12 automatic fire sprinkler system is required, it shall be 13 afforded time for installation as provided in this 14 subparagraph. 15 n. There is created a study-work group consisting of 16 representatives of the Office of the State Fire Marshal, 17 Florida Fire Chiefs' Association, Florida Fire Marshals' 18 Association, Florida Assisted Living Association, Florida 19 Association of Homes for the Aging, Florida Health Care 20 Association, Florida League of Cities, Florida Association of 21 Counties, Florida State Firemen's Association, Building 22 Officials' Association of Florida, the Aging and Adult 23 Services Program Office of the Department of Health and 24 Rehabilitative Services, and the Agency for Health Care 25 Administration. Each entity involved shall select its 26 representative to the study-work group. The Florida Fire 27 Chiefs' Association shall coordinate study-work group 28 activities. The study-work group shall examine the National 29 Fire Protection Association, NFPA 101, Chapter 23, 1994 30 edition, and shall report to the Legislature by December 31, 31 1995, its recommendations for firesafety standards that will 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 provide a reasonable level of firesafety for the protection of 2 assisted living facility residents without imposing 3 unnecessary economic impact on facilities regulated under this 4 part. Expenses incurred while participating in this study-work 5 group activity shall be borne by the participants. 6 7 Facilities that are fully sprinkled and in compliance with 8 other firesafety standards are not required to conduct more 9 than one of the required fire drills between the hours of 11 10 p.m. and 7 a.m., per year. In lieu of the remaining drills, 11 staff responsible for residents during such hours may be 12 required to participate in a mock drill that includes a review 13 of evacuation procedures. Such standards must be included or 14 referenced in the rules adopted by the department after 15 consultation with the State Fire Marshal. Pursuant to s. 16 633.022(1)(b), the State Fire Marshal is the final 17 administrative authority for firesafety standards established 18 and enforced pursuant to this section. All licensed facilities 19 must have an annual fire inspection conducted by the local 20 fire marshal or authority having jurisdiction. 21 (b) The preparation and annual update of a 22 comprehensive emergency management plan. Such standards must 23 be included in the rules adopted by the department after 24 consultation with the Department of Community Affairs. At a 25 minimum, the rules must provide for plan components that 26 address emergency evacuation transportation; adequate 27 sheltering arrangements; postdisaster activities, including 28 provision of emergency power, food, and water; postdisaster 29 transportation; supplies; staffing; emergency equipment; 30 individual identification of residents and transfer of 31 records; communication with families; and responses to family 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 inquiries. The comprehensive emergency management plan is 2 subject to review and approval by the local emergency 3 management agency. During its review, the local emergency 4 management agency shall ensure that the following agencies, at 5 a minimum, are given the opportunity to review the plan: the 6 Department of Elderly Affairs, the Department of Health and 7 Rehabilitative Services, the Agency for Health Care 8 Administration, and the Department of Community Affairs. 9 Also, appropriate volunteer organizations must be given the 10 opportunity to review the plan. The local emergency 11 management agency shall complete its review within 60 days and 12 either approve the plan or advise the facility of necessary 13 revisions. 14 (c) The number and qualifications of all personnel 15 having responsibility for the care of residents. The rules 16 must require adequate staff to provide for the safety of all 17 residents. Facilities licensed for 17 or more residents are 18 required to maintain an alert staff for 24 hours per day. 19 (d) All sanitary conditions within the facility and 20 its surroundings, including water supply, sewage disposal, 21 food handling, and general hygiene, and maintenance thereof, 22 which will ensure the health and comfort of residents. The 23 rules must clearly delineate the responsibilities of the 24 agency's licensure staff and the responsibilities of the 25 county public health units and ensure that inspections are not 26 duplicative. The agency may collect fees for food service 27 inspections conducted by the county public health units and 28 transfer such fees to the Department of Health and 29 Rehabilitative Services. 30 (e) The levying and enforcement of penalties and use 31 of income from fees and fines. 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 (f) The enforcement of the resident bill of rights 2 specified in s. 400.428. 3 (g) The care and maintenance of residents, which must 4 include, but is not limited to: 5 1. The provision of personal services; 6 2. The provision of, or arrangement for, social and 7 leisure activities; 8 3. The arrangement for appointments and transportation 9 to appropriate medical, dental, nursing, or mental health 10 services, as needed by residents; 11 4. The provision of limited nursing services; 12 5. The provision of extended congregate care services; 13 and 14 6. The provision of limited mental health services. 15 (h) The establishment of specific criteria to define 16 appropriateness of admission and continued residency. 17 (i) The definition and use of physical or chemical 18 restraints. The use of physical restraints is limited to 19 half-bed rails as prescribed and documented by the resident's 20 physician with the consent of the resident or, if applicable, 21 the resident's representative or designee or the resident's 22 surrogate, guardian, or attorney in fact. The use of chemical 23 restraints is limited to prescribed dosages of medications 24 authorized by the resident's physician and must be consistent 25 with the resident's diagnosis. Residents who are receiving 26 medications that can serve as chemical restraints must be 27 evaluated by their physician at least annually to assess: 28 1. The continued need for the medication. 29 2. The level of the medication in the resident's 30 blood. 31 3. The need for adjustments in the prescription. 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 Section 5. Paragraph (b) of subsection (1) of section 2 400.407, Florida Statutes, is amended to read: 3 400.407 License required; fee, display.-- 4 (1) 5 (b)1. Any person found guilty of violating paragraph 6 (a) who, upon notification by the agency, fails, within 10 7 working days after receiving such notification, to apply for a 8 license commits a felony of the third degree, punishable as 9 provided in s. 775.082, s. 775.083, or s. 775.084. 10 2. Any person found to be in violation of paragraph 11 (a) due to a change in s. 400.402(3), (16), (23), or (24) 12 (22), or (23) or a modification in department policy 13 pertaining to personal services as provided for in s. 14 400.402(16) and who, upon notification by the agency, fails, 15 within 10 working days after receiving such notification, to 16 apply for a license commits a felony of the third degree, 17 punishable as provided in s. 775.082, s. 775.083, or s. 18 775.084. 19 3. Except as provided for in subparagraph 2., any 20 person who violates paragraph (a) who previously operated a 21 licensed facility or concurrently operates a licensed facility 22 and an unlicensed facility commits a felony of the third 23 degree, punishable as provided in s. 775.082, s. 775.083, or 24 s. 775.084. 25 4. Any person who fails to obtain a license after 26 agency notification may be fined for each day of noncompliance 27 pursuant to s. 400.419(1)(b). 28 5. When an owner has an interest in more than one 29 facility, and fails to license any one of these facilities, 30 the agency may revoke the license or impose a moratorium on 31 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 803 503-135A-97 1 any or all of the licensed facilities until such time as the 2 delinquent facility is licensed. 3 6. If the agency determines that an owner is operating 4 or maintaining a facility without obtaining a license 5 authorizing such operation and determines that a condition 6 exists in the facility that poses a threat to the health, 7 safety, or welfare of a resident of the facility, the owner 8 commits neglect as defined in s. 415.102 and is subject to the 9 same actions and penalties specified in ss. 400.414 and 10 400.419 for a negligent act seriously affecting the health, 11 safety, or welfare of a resident of the facility. 12 Section 6. This act shall take effect July 1, 1997. 13 14 ***************************************** 15 HOUSE SUMMARY 16 Requires that licensed assisted living facilities that 17 provide care for persons who have Alzheimer's disease or related disorders meet the requirements of a special care 18 unit as defined in the act. Provides additional education and training requirements for staff of special 19 care units and for direct caregivers, and provides timeframes for initial training. Requires certain 20 continuing education for direct caregivers. Requires the Department of Elderly Affairs to approve initial and 21 continuing education courses and providers, and specifies education or experience required of providers. 22 23 24 25 26 27 28 29 30 31 21