CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Forman moved the following amendment to amendment

12  (333964):

13

14         Senate Amendment (with title amendment) 

15         On page 276, between lines 26 and 27,

16

17  insert:

18         Section 201.  Effective October 1, 1999, part XV of

19  chapter 468, Florida Statutes, consisting of sections 468.821,

20  468.822, 468.823, 468.824, 468.825, 468.826, 468.827, and

21  468.828, Florida Statutes, is created to read:

22         468.821  Definitions.--As used in this part, the term:

23         (1)  "Approved training program" means:

24         (a)  A course of training conducted by a public sector

25  or private sector educational center licensed by the

26  Department of Education to implement the basic curriculum for

27  nursing assistants which is approved by the Department of

28  Education.

29         (b)  A training program operated under s. 400.141.

30         (2)  "Certified nursing assistant" means a person who

31  meets the qualifications specified in this part and who is

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  certified by the department as a certified nursing assistant.

 2         (3)  "Department" means the Department of Health.

 3         (4)  "Registry" means the listing of certified nursing

 4  assistants maintained by the department.

 5         468.822  Duties and powers of the department.--The

 6  department shall maintain, or contract with or approve another

 7  entity to maintain, a state registry of certified nursing

 8  assistants. The registry must consist of the name of each

 9  certified nursing assistant in this state; other identifying

10  information defined by department rule; certification status;

11  the effective date of certification; other information

12  required by state or federal law; information regarding any

13  crime or any abuse, neglect, or exploitation as provided under

14  chapter 435; and any disciplinary action taken against the

15  certified nursing assistant. The registry shall be accessible

16  to the public, the certificateholder, employers, and other

17  state agencies. The department shall adopt by rule testing

18  procedures for use in certifying nursing assistants and shall

19  adopt rules regulating the practice of certified nursing

20  assistants to enforce this part. The department may contract

21  with or approve another entity or organization to provide the

22  examination services, including the development and

23  administration of examinations. The provider shall pay all

24  reasonable costs and expenses incurred by the department in

25  evaluating the provider's application and performance during

26  the delivery of services, including examination services and

27  procedures for maintaining the certified nursing assistant

28  registry.

29         468.823  Certified nursing assistants; certification

30  requirement.--

31         (1)  The department shall issue a certificate to

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  practice as a certified nursing assistant to any person who

 2  demonstrates a minimum competency to read and write and meets

 3  one of the following requirements:

 4         (a)  Has successfully completed an approved training

 5  program and achieved a minimum score, established by rule of

 6  the department, on the nursing assistant competency

 7  examination, which consists of a written portion and

 8  skills-demonstration portion approved by the department and

 9  administered at a site and by personnel approved by the

10  department.

11         (b)  Has achieved a minimum score, established by rule

12  of the department, on the nursing assistant competency

13  examination, which consists of a written portion and

14  skills-demonstration portion, approved by the department and

15  administered at a site and by personnel approved by the

16  department and:

17         1.  Has a high school diploma, or its equivalent; or

18         2.  Is at least 18 years of age.

19         (c)  Is currently certified in another state; is listed

20  on that state's certified nursing assistant registry; has not

21  been found to have committed abuse, neglect, or exploitation

22  in that state; and has successfully completed a national

23  nursing assistant evaluation in order to receive certification

24  in that state.

25         (2)  If an applicant fails to pass the nursing

26  assistant competency examination in three attempts, the

27  applicant is not eligible for reexamination unless the

28  applicant completes an approved training program.

29         (3)  An oral examination shall be administered as a

30  substitute for the written portion of the examination upon

31  request. The oral examination shall be administered at a site

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  and by personnel approved by the department.

 2         (4)  The department shall adopt rules to provide for

 3  the initial certification of certified nursing assistants.

 4         (5)  A certified nursing assistant shall maintain a

 5  current address with the department in accordance with s.

 6  455.717.

 7         468.824  Denial, suspension, or revocation of

 8  certification; disciplinary actions.--

 9         (1)  The following acts constitute grounds for which

10  the department may impose disciplinary sanctions as specified

11  in subsection (2):

12         (a)  Obtaining or attempting to obtain an exemption, or

13  possessing or attempting to possess a letter of exemption, by

14  bribery, misrepresentation, deceit, or through an error of the

15  department.

16         (b)  Intentionally violating any provision of this

17  chapter, chapter 455, or the rules adopted by the department.

18         (2)  When the department finds any person guilty of any

19  of the grounds set forth in subsection (1), it may enter an

20  order imposing one or more of the following penalties:

21         (a)  Denial, suspension, or revocation of

22  certification.

23         (b)  Imposition of an administrative fine not to exceed

24  $150 for each count or separate offense.

25         (c)  Imposition of probation or restriction of

26  certification, including conditions such as corrective actions

27  as retraining or compliance with an approved treatment program

28  for impaired practitioners.

29         (3)  The department may, upon the request of a

30  certificateholder, exempt the certificateholder from

31  disqualification of certification or disqualification of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  employment in accordance with chapter 435 and issue a letter

 2  of exemption.

 3

 4  After January 1, 2000, the department must notify an applicant

 5  seeking an exemption from disqualification from certification

 6  or employment of its decision to approve or deny the request

 7  within 30 days after the date the department receives all

 8  required documentation.

 9         468.825  Availability of disciplinary records and

10  proceedings.--Pursuant to s. 455.621, any complaint or record

11  maintained by the Department of Health pursuant to the

12  discipline of a certified nursing assistant and any proceeding

13  held by the department to discipline a certified nursing

14  assistant shall remain open and available to the public.

15         468.826  Exemption from liability.--If an employer

16  terminates or denies employment to a certified nursing

17  assistant whose certification is inactive as shown on the

18  certified nursing assistant registry or whose name appears on

19  the central abuse registry and tracking system of the

20  Department of Children and Family Services or on a criminal

21  screening report of the Department of Law Enforcement, the

22  employer is not civilly liable for such termination and a

23  cause of action may not be brought against the employer for

24  damages, regardless of whether the employee has filed for an

25  exemption from the department under s. 468.824(1). There may

26  not be any monetary liability on the part of, and a cause of

27  action for damages may not arise against, any licensed

28  facility, its governing board or members thereof, medical

29  staff, disciplinary board, agents, investigators, witnesses,

30  employees, or any other person for any action taken in good

31  faith without intentional fraud in carrying out this section.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1         468.827  Penalties.--It is a misdemeanor of the first

 2  degree, punishable as provided under s. 775.082 or s. 775.083,

 3  for any person, knowingly or intentionally, to fail to

 4  disclose, by false statement, misrepresentation,

 5  impersonation, or other fraudulent means, in any application

 6  for voluntary or paid employment or licensure regulated under

 7  this part, a material fact used in making a determination as

 8  to such person's qualifications to be an employee or licensee.

 9         468.828  Background screening information; rulemaking

10  authority.--

11         (1)  The Agency for Health Care Administration shall

12  allow the department to electronically access its background

13  screening database and records and the Department of Children

14  and Families shall allow the department to electronically

15  access its central abuse registry and tracking system under

16  chapter 415.

17         (2)  An employer, or an agent thereof, may not use

18  criminal records, juvenile records, or information obtained

19  from the central abuse hotline under chapter 415 for any

20  purpose other than determining if the person meets the

21  requirements of this part. Such records and information

22  obtained by the department shall remain confidential and

23  exempt from s. 119.07(1).

24         (3)  If the requirements of the Omnibus Budget

25  Reconciliation Act of 1987, as amended, for the certification

26  of nursing assistants are in conflict with this part, the

27  federal requirements shall prevail for those facilities

28  certified to provide care under Title XVIII (Medicare) or

29  Title XIX (Medicaid) of the Social Security Act.

30         (4)  The department shall adopt rules to administer

31  this part.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1         Section 202.  Certified nursing assistant registry.--

 2         (1)  By October 1, 1999, and by October 1 of every year

 3  thereafter, each employer of certified nursing assistants

 4  shall submit to the Department of Health a list of the names

 5  and social security numbers of each person employed by the

 6  employer as a certified nursing assistant in a nursing-related

 7  occupation for a minimum of 8 hours for monetary compensation

 8  during the preceding 24 months. Employers may submit such

 9  information electronically through the department's Internet

10  site.

11         (2)  The department shall update the certified nursing

12  assistant registry upon receipt of the lists of certified

13  nursing assistants, and shall complete the first of such

14  updates by December 31, 1999.

15         (3)  Each certified nursing assistant whose name is not

16  reported to the department under subsection (1) on October 1,

17  1999, shall be assigned an inactive certification on January

18  1, 2000. A certified nursing assistant may remove such an

19  inactive certification by submitting documentation to the

20  department that he or she was employed for a minimum of 8

21  hours for monetary compensation as a certified nursing

22  assistant in a nursing-related occupation during the preceding

23  24 months.

24         (4)  This section is repealed October 2, 2001.

25         Section 203.  Effective October 1, 1999, section

26  400.211, Florida Statutes, 1998 Supplement, is amended to

27  read:

28         400.211  Persons employed as nursing assistants;

29  certification requirement.--

30         (1)  A person must be certified under part XV of

31  chapter 468 pursuant to this section, except a registered

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  nurse or practical nurse licensed in accordance with the

 2  provisions of chapter 464 or an applicant for such licensure

 3  who is permitted to practice nursing in accordance with rules

 4  adopted promulgated by the Board of Nursing pursuant to

 5  chapter 464, to serve as a nursing assistant in any nursing

 6  home. The Department of Health shall issue a certificate to

 7  any person who:

 8         (a)  Has successfully completed a nursing assistant

 9  program in a state-approved school and has achieved a minimum

10  score of 75 percent on the written portion of the Florida

11  Nursing Assistant Certification Test approved by the

12  Department of Health and administered by state-approved test

13  site personnel;

14         (b)  Has achieved a minimum score of 75 percent on the

15  written and performance portions of the Florida Nursing

16  Assistant Certification Test approved by the Department of

17  Health and administered by state-approved test site personnel;

18  or

19         (c)  Is currently certified in another state, is on

20  that state's registry, has no findings of abuse, and has

21  achieved a minimum score of 75 percent on the written portion

22  of the Florida Nursing Assistant Certification Test approved

23  by the Department of Health and administered by state-approved

24  test site personnel.

25

26  An oral examination shall be administered upon request.

27         (2)  The agency may deny, suspend, or revoke the

28  certification of any person to serve as a nursing assistant,

29  based upon written notification from a court of competent

30  jurisdiction, law enforcement agency, or administrative agency

31  of any finding of guilt of, regardless of adjudication, or a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  plea of nolo contendere or guilty to, any offense set forth in

 2  the level 1 screening standards of chapter 435 or any

 3  confirmed report of abuse of a vulnerable adult.

 4         (2)(3)  The following categories of persons who are not

 5  certified as nursing assistants under this part may be

 6  employed by a nursing facility for a period of 4 months:

 7         (a)  Persons who are enrolled in a state-approved

 8  nursing assistant program; or

 9         (b)  Persons who have been positively verified by a

10  state-approved test site as certified and on the registry in

11  another state with no findings of abuse, but who have not

12  completed the written examination required under this section.

13

14  The certification requirement must be met within 4 months of

15  initial employment as a nursing assistant in a licensed

16  nursing facility.

17         (4)  A person certified under this section on or after

18  September 30, 1990, who has not worked for pay as a nursing

19  assistant in a nursing-related occupation for a period of time

20  during a consecutive 24-month period must be recertified under

21  this section to be eligible to work in a nursing facility.

22         (3)(5)  Nursing homes shall require persons seeking

23  employment as a certified nursing assistant to submit an

24  employment history to the facility. The facility shall verify

25  the employment history unless, through diligent efforts, such

26  verification is not possible.  There shall be no monetary

27  liability on the part of, and no cause of action for damages

28  shall arise against, a former employer who reasonably and in

29  good faith communicates his or her honest opinion about a

30  former employee's job performance.

31         (6)  If the requirements pursuant to the Omnibus Budget

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1  Reconciliation Act of 1987, as amended, for the certification

 2  of nursing assistants are in conflict with this section, the

 3  federal requirements shall prevail for those facilities

 4  certified to provide care under Title XVIII (Medicare) or

 5  Title XIX (Medicaid) of the Social Security Act.

 6         (7)  The Department of Health may adopt such rules as

 7  are necessary to carry out this section.

 8

 9  (Redesignate subsequent sections.)

10

11

12  ================ T I T L E   A M E N D M E N T ===============

13  And the title is amended as follows:

14         On page 296, line 29, after the semicolon,

15

16  insert:

17         creating part XV of chapter 468, F.S.;

18         providing definitions; requiring that the

19         Department of Health maintain a state registry

20         of certified nursing assistants; authorizing

21         the department to contract for examination

22         services; providing requirements for obtaining

23         certification as a certified nursing assistant;

24         requiring that the department adopt rules

25         governing initial certification; specifying

26         grounds for which the department may deny,

27         suspend, or revoke a person's certification;

28         authorizing the department to exempt an

29         applicant or certificateholder from

30         disqualification of certification; providing

31         requirements for records and meetings held for

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2220

    Amendment No.    





 1         disciplinary actions; exempting an employer

 2         from liability for terminating a certified

 3         nursing assistant under certain circumstances;

 4         providing penalties; providing for background

 5         screening; providing rulemaking authority;

 6         requiring persons who employ certified nursing

 7         assistants to make certain reports to the

 8         Department of Health; requiring that the

 9         department update the certified nursing

10         assistant registry; providing for future repeal

11         of such provisions; amending s. 400.211, F.S.;

12         deleting obsolete provisions with respect to

13         the regulation of certified nursing assistants;

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