Senate Bill sb1456

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    Florida Senate - 2001                                  SB 1456

    By Senators Saunders, Peaden, Campbell, Pruitt, Smith and
    Latvala




    25-497-01

  1                      A bill to be entitled

  2         An act relating to health care facilities;

  3         creating the Florida Alzheimer's Training Act;

  4         amending s. 400.4178, F.S.; revising training

  5         standards for employees of assisted living

  6         facilities that provide care for residents with

  7         Alzheimer's disease or related disorders;

  8         creating ss. 400.1755, 400.4786, 400.55715,

  9         400.626, F.S.; prescribing training standards

10         for employees of nursing homes, home health

11         agencies, adult day care centers, and adult

12         family-care homes, respectively, that provide

13         care for persons with Alzheimer's disease or

14         related disorders; providing for training fees;

15         prescribing duties of the Department of Elderly

16         Affairs; providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  This act may be cited as the Florida

21  Alzheimer's Training Act.

22         Section 2.  Section 400.4178, Florida Statutes, is

23  amended to read:

24         400.4178  Special Care for persons with Alzheimer's

25  disease or other related disorders.--

26         (1)  Any A facility which admits or advertises that it

27  provides special care to an individual for persons with

28  Alzheimer's disease or other related disorders must meet the

29  following standards of operation:

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  1         (a)1.  If the facility has 17 or more residents, have

  2  an awake staff member on duty at all hours of the day and

  3  night; or

  4         2.  If the facility has fewer than 17 residents, have

  5  an awake staff member on duty at all hours of the day and

  6  night or have mechanisms in place to monitor and ensure the

  7  safety of the facility's residents.

  8         (b)  Offer activities specifically designed for persons

  9  who are cognitively impaired.

10         (c)  Have a physical environment that provides for the

11  safety and welfare of the facility's residents.

12         (d)  Employ staff who have completed the training and

13  continuing education required in subsections subsection (2)

14  and (3).

15         (2)(a)  An individual who is employed by a facility

16  that provides special care for residents with Alzheimer's

17  disease or other related disorders, and who has regular

18  contact with such residents, must complete up to 4 hours of

19  initial dementia-specific training developed or approved by

20  the department. The training shall be completed within 3

21  months after beginning employment and shall satisfy the core

22  training requirements of s. 400.452(2)(g).

23         (b)  A direct caregiver who is employed by a facility

24  that provides special care for residents with Alzheimer's

25  disease or other related disorders, and who provides direct

26  care to such residents, must complete the required initial

27  training and 4 additional hours of training developed or

28  approved by the department.  The training shall be completed

29  within 9 months after beginning employment and shall satisfy

30  the core training requirements of s. 400.452(2)(g).

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    Florida Senate - 2001                                  SB 1456
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  1         (c)  An individual who is employed by a facility that

  2  provides special care for residents with Alzheimer's disease

  3  or other related disorders, but who only has incidental

  4  contact with such residents, must be given, at a minimum,

  5  general information on interacting with individuals with

  6  Alzheimer's disease or other related disorders, within 3

  7  months after beginning employment.

  8         (3)  In addition to the training required under

  9  subsection (2), a direct caregiver must participate in a

10  minimum of 4 contact hours of dementia-specific continuing

11  education each calendar year as approved by the department.

12  The continuing education must include one or more topics

13  included in the dementia-specific training developed or

14  approved by the department, in which the caregiver has not

15  received previous training.

16         (4)  Upon completing any training listed in subsection

17  (2), the employee or direct caregiver shall be issued a

18  certificate that includes the name of the training provider,

19  the topic covered, and the date and signature of the training

20  provider.  The certificate is evidence of completion of

21  training in the identified topic, and the employee or direct

22  caregiver is not required to repeat training in that topic if

23  the employee or direct caregiver changes employment to a

24  different facility or to a nursing home, home health agency,

25  adult day care center, or adult family-care home.  The

26  employee or direct caregiver must comply with other applicable

27  continuing education requirements.

28         (5)  The department, or its designee, shall approve the

29  initial and continuing education courses and providers.

30         (6)  The department shall keep a current list of

31  providers who are approved to provide initial and continuing

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    Florida Senate - 2001                                  SB 1456
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  1  education for staff of facilities that provide special care

  2  for persons with Alzheimer's disease or other related

  3  disorders.

  4         (7)  Any facility in which more than 90 percent of

  5  whose residents receive monthly optional supplementation

  6  payments is not required to pay for the training and education

  7  programs required under this section.  A facility that has one

  8  or more such residents shall pay a reduced fee that is

  9  proportional to the percentage of such residents in the

10  facility.  A facility that does not have any residents who

11  receive monthly optional supplementation payments must pay a

12  reasonable fee, as established by the department, for such

13  training and education programs.

14         (8)  The department shall adopt rules to establish

15  standards for trainers and training and to implement this

16  section.

17         Section 3.  Section 400.1755, Florida Statutes, is

18  created to read:

19         400.1755  Care for persons with Alzheimer's disease or

20  other related disorders.--

21         (1)(a)  An individual who is employed by a facility

22  that provides care for residents with Alzheimer's disease or

23  other related disorders must complete up to 4 hours of initial

24  dementia-specific training developed or approved by the

25  Department of Elderly Affairs. The training shall be completed

26  within 3 months after beginning employment.

27         (b)  A direct caregiver who is employed by a facility

28  that provides care for residents with Alzheimer's disease or

29  other related disorders, and who provides direct care to such

30  residents, must complete the required initial training and 4

31  additional hours of training developed or approved by the

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    Florida Senate - 2001                                  SB 1456
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  1  Department of Elderly Affairs.  The training shall be

  2  completed within 9 months after beginning employment.

  3         (2)  In addition to the training required under

  4  subsection (1), a direct caregiver must participate in a

  5  minimum of 4 contact hours of dementia-specific continuing

  6  education each calendar year as approved by the Department of

  7  Elderly Affairs.

  8         (3)  Upon completing any training listed in subsection

  9  (1), the employee or direct caregiver shall be issued a

10  certificate that includes the name of the training provider,

11  the topic covered, and the date and signature of the training

12  provider.  The certificate is evidence of completion of

13  training in the identified topic, and the employee or direct

14  caregiver is not required to repeat training in that topic if

15  the employee or direct caregiver changes employment to a

16  different facility or to an assisted living facility, home

17  health agency, adult day care center, or adult family-care

18  home.  The direct caregiver must comply with other applicable

19  continuing education requirements.

20         (4)  The Department of Elderly Affairs, or its

21  designee, shall approve the initial and continuing education

22  courses and providers.

23         (5)  The Department of Elderly Affairs shall keep a

24  current list of providers who are approved to provide initial

25  and continuing education for staff of facilities that provide

26  care for persons with Alzheimer's disease or other related

27  disorders.

28         (6)  Any facility in which more than 90 percent of

29  whose residents receive monthly optional supplementation

30  payments is not required to pay for the training and education

31  programs required under this section.  A facility that has one

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    Florida Senate - 2001                                  SB 1456
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  1  or more such residents shall pay a reduced fee that is

  2  proportional to the percentage of such residents in the

  3  facility.  A facility that does not have any residents who

  4  receive monthly optional supplementation payments must pay a

  5  reasonable fee, as established by the department, for such

  6  training and education programs.

  7         (7)  The Department of Elderly Affairs shall adopt

  8  rules to establish standards for trainers and training and to

  9  implement this section.

10         Section 4.  Section 400.4786, Florida Statutes, is

11  created to read:

12         400.4786  Care for persons with Alzheimer's disease or

13  other related disorders.--

14         (1)(a)  An individual who is employed by a home health

15  agency that provides care for persons with Alzheimer's disease

16  or other related disorders must complete up to 4 hours of

17  initial dementia-specific training developed or approved by

18  the Department of Elderly Affairs. The training shall be

19  completed within 3 months after beginning employment.

20         (b)  A direct caregiver who is employed by a home

21  health agency that provides care for persons with Alzheimer's

22  disease or other related disorders, and who provides direct

23  care to such persons, must complete the required initial

24  training and 4 additional hours of training developed or

25  approved by the Department of Elderly Affairs.  The training

26  shall be completed within 9 months after beginning employment.

27         (2)  In addition to the training required under

28  subsection (1), a direct caregiver must participate in a

29  minimum of 4 contact hours of dementia-specific continuing

30  education each calendar year as approved by the Department of

31  Elderly Affairs.

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  1         (3)  Upon completing any training listed in subsection

  2  (1), the employee or direct caregiver shall be issued a

  3  certificate that includes the name of the training provider,

  4  the topic covered, and the date and signature of the training

  5  provider.  The certificate is evidence of completion of

  6  training in the identified topic, and the employee or direct

  7  caregiver is not required to repeat training in that topic if

  8  the employee or direct caregiver changes employment to a

  9  different home health agency or to an assisted living

10  facility, nursing home, adult day care center, or adult

11  family-care home.  The direct caregiver must comply with other

12  applicable continuing education requirements.

13         (4)  The Department of Elderly Affairs, or its

14  designee, shall approve the initial and continuing education

15  courses and providers.

16         (5)  The Department of Elderly Affairs shall keep a

17  current list of providers who are approved to provide initial

18  and continuing education for staff of home health agencies

19  that provide care for persons with Alzheimer's disease or

20  other related disorders.

21         (6)  The department shall adopt rules to establish

22  standards for trainers and training and to implement this

23  section.

24         Section 5.  Section 400.55715, Florida Statutes, is

25  created to read:

26         400.55715  Care for persons with Alzheimer's disease or

27  other related disorders.--

28         (1)(a)  An individual who is employed by an adult day

29  care center that provides care for persons with Alzheimer's

30  disease or other related disorders must complete up to 4 hours

31  of initial dementia-specific training developed or approved by

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  1  the department. The training shall be completed within 3

  2  months after beginning employment.

  3         (b)  A direct caregiver who is employed by an adult day

  4  care center that provides care for persons with Alzheimer's

  5  disease or other related disorders, and who provides direct

  6  care to such persons, must complete the required initial

  7  training and 4 additional hours of training developed or

  8  approved by the department.  The training shall be completed

  9  within 9 months after beginning employment.

10         (2)  In addition to the training required under

11  subsection (1), a direct caregiver must participate in a

12  minimum of 4 contact hours of dementia-specific continuing

13  education each calendar year as approved by the department.

14         (3)  Upon completing any training listed in subsection

15  (1), the employee or direct caregiver shall be issued a

16  certificate that includes the name of the training provider,

17  the topic covered, and the date and signature of the training

18  provider.  The certificate is evidence of completion of

19  training in the identified topic, and the employee or direct

20  caregiver is not required to repeat training in that topic if

21  the employee or direct caregiver changes employment to a

22  different adult day care center or to an assisted living

23  facility, nursing home, home health agency, or adult

24  family-care home. The direct caregiver must comply with other

25  applicable continuing education requirements.

26         (4)  The department, or its designee, shall approve the

27  initial and continuing education courses and providers.

28         (5)  The department shall keep a current list of

29  providers who are approved to provide initial and continuing

30  education for staff of adult day care centers that provide

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  1  care for persons with Alzheimer's disease or other related

  2  disorders.

  3         (6)  Any adult day care center in which more than 90

  4  percent of the persons whom it serves receive monthly optional

  5  supplementation payments is not required to pay for the

  6  training and education programs required under this section.

  7  An adult day care center that has one or more such persons

  8  shall pay a reduced fee that is proportional to the percentage

  9  of such persons served by the center.  A center that does not

10  serve any persons who receive monthly optional supplementation

11  payments must pay a reasonable fee, as established by the

12  department, for such training and education programs.

13         (7)  The department shall adopt rules to establish

14  standards for trainers and training and to implement this

15  section.

16         Section 6.  Section 400.626, Florida Statutes, is

17  created to read:

18         400.626  Care for persons with Alzheimer's disease or

19  other related disorders.--

20         (1)(a)  An individual who is employed by an adult

21  family-care home that provides care for residents with

22  Alzheimer's disease or other related disorders must complete

23  up to 4 hours of initial dementia-specific training developed

24  or approved by the department. The training shall be completed

25  within 3 months after beginning employment.

26         (b)  A direct caregiver who is employed by an adult

27  family-care home that provides care for residents with

28  Alzheimer's disease or other related disorders, and who

29  provides direct care to such residents, must complete the

30  required initial training and 4 additional hours of training

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  1  developed or approved by the department.  The training shall

  2  be completed within 9 months after beginning employment.

  3         (2)  In addition to the training required under

  4  subsection (1), a direct caregiver must participate in a

  5  minimum of 4 contact hours of dementia-specific continuing

  6  education each calendar year as approved by the department.

  7         (3)  Upon completing any training listed in subsection

  8  (1), the employee or direct caregiver shall be issued a

  9  certificate that includes the name of the training provider,

10  the topic covered, and the date and signature of the training

11  provider.  The certificate is evidence of completion of

12  training in the identified topic, and the employee or direct

13  caregiver is not required to repeat training in that topic if

14  the employee or direct caregiver changes employment to a

15  different adult family-care home or to an assisted living

16  facility, nursing home, home health agency, or adult day care

17  center.  The direct caregiver must comply with other

18  applicable continuing education requirements.

19         (4)  The department, or its designee, shall approve the

20  initial and continuing education courses and providers.

21         (5)  The department shall keep a current list of

22  providers who are approved to provide initial and continuing

23  education for staff of adult family-care homes that provide

24  care for persons with Alzheimer's disease or other related

25  disorders.

26         (6)  Any adult family-care home in which more than 90

27  percent of the residents receive monthly optional

28  supplementation payments is not required to pay for the

29  training and education programs required under this section.

30  An adult family-care home that has one or more such residents

31  shall pay a reduced fee that is proportional to the percentage

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    Florida Senate - 2001                                  SB 1456
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  1  of such residents in the home.  A home that does not have any

  2  residents who receive monthly optional supplementation

  3  payments must pay a reasonable fee, as established by the

  4  department, for such training and education programs.

  5         (7)  The department shall adopt rules to establish

  6  standards for trainers and training and to implement this

  7  section.

  8         Section 7.  This act shall take effect October 1, 2001.

  9

10            *****************************************

11                          SENATE SUMMARY

12    Requires all employees of assisted living facilities that
      provide care for residents with Alzheimer's disease or
13    related disorders, including those employees having only
      incidental contact with such residents, to complete
14    dementia-specific training. Requires such training for
      employees of nursing homes, home health agencies, adult
15    day care centers, and adult family-care homes that
      provide care for persons with Alzheimer's disease or
16    related disorders. Provides for certificates of such
      training. Prescribes duties of the Department of Elderly
17    Affairs in approving training providers.

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