Senate Bill sb1456c1

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    Florida Senate - 2001                           CS for SB 1456

    By the Committee on Health, Aging and Long-Term Care; and
    Senators Saunders, Peaden, Campbell, Pruitt, Smith, Latvala,
    Dawson, Brown-Waite and Wasserman Schultz



    317-1739-01

  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, and

  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; directing the department to convene a

17         working group to develop training guidelines;

18         providing for membership; providing for

19         compliance with guidelines within a certain

20         time period; requiring dementia-specific care

21         providers to be included in community care

22         service systems; providing an effective date.

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

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26         Section 1.  This act may be cited as the "Florida

27  Alzheimer's Training Act."

28         Section 2.  Section 400.4178, Florida Statutes, is

29  amended to read:

30         400.4178  Special Care for persons with Alzheimer's

31  disease or other related disorders.--

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    Florida Senate - 2001                           CS for SB 1456
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  1         (1)  Any A facility which admits or advertises that it

  2  provides special care to an individual for persons with

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

  4  following standards of operation:

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

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

  7  night; or

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

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

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

11  safety of the facility's residents.

12         (b)  Offer activities specifically designed for persons

13  who are cognitively impaired.

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

15  safety and welfare of the facility's residents.

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

17  continuing education required in subsections subsection (2)

18  and (3).

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

20  that provides special care for residents with Alzheimer's

21  disease or other related disorders, and who has regular

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

23  initial dementia-specific training developed or approved by

24  the department. The training shall be completed within 3

25  months after beginning employment and shall satisfy the core

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

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

28  that provides special care for residents with Alzheimer's

29  disease or other related disorders, and who provides direct

30  care to such residents, must complete the required initial

31  training and 4 additional hours of training developed or

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    Florida Senate - 2001                           CS for SB 1456
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  1  approved by the department.  The training shall be completed

  2  within 9 months after beginning employment and shall satisfy

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

  4         (c)  An individual who is employed by a facility that

  5  provides special care for residents with Alzheimer's disease

  6  or other related disorders, but who only has incidental

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

  8  general information on interacting with individuals with

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

10  months after beginning employment.

11         (3)  In addition to the training required under

12  subsection (2), a direct caregiver must complete up to

13  participate in a minimum of 4 contact hours of

14  dementia-specific continuing education each calendar year as

15  approved by the department.  The continuing education must

16  include one or more topics included in the dementia-specific

17  training developed or approved by the department, in which the

18  caregiver has not received previous training.

19         (4)  Upon completing any training listed in subsection

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

21  certificate that includes the name of the training provider,

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

23  provider.  The certificate is evidence of completion of

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

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

26  the employee or direct caregiver changes employment to a

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

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

29  employee or direct caregiver must comply with other applicable

30  continuing education requirements.

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    Florida Senate - 2001                           CS for SB 1456
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  1         (5)  The department, or its designee, shall approve the

  2  initial and continuing education courses and providers.

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

  4  providers who are approved to provide initial and continuing

  5  education for staff of facilities that provide special care

  6  for persons with Alzheimer's disease or other related

  7  disorders.

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

  9  whose residents receive monthly optional supplementation

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

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

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

13  proportional to the percentage of such residents in the

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

15  receive monthly optional supplementation payments must pay a

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

17  training and education programs.

18         (8)  The department shall adopt rules to establish

19  standards for trainers and training and to implement this

20  section.

21         Section 3.  Section 400.1755, Florida Statutes, is

22  created to read:

23         400.1755  Care for persons with Alzheimer's disease or

24  other related disorders.--

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

26  licensed pursuant to this section must complete 4 hours of

27  initial dementia-specific training developed or approved by

28  the Department of Elderly Affairs. The training shall be

29  completed within 3 months after beginning employment.

30         (b)  An individual who provides direct care shall be

31  considered a direct caregiver and must complete the required

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    Florida Senate - 2001                           CS for SB 1456
    317-1739-01




  1  initial training and 4 additional hours of training developed

  2  or approved by the Department of Elderly Affairs. The training

  3  shall be completed within 9 months after beginning employment.

  4         (2)  In addition to the training required under

  5  subsection (1), a direct caregiver must complete up to 4 hours

  6  of dementia-specific continuing education each calendar year

  7  as approved by the Department of 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)  The Department of Elderly Affairs shall adopt

29  rules to establish standards for trainers and training and to

30  implement this section.

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    Florida Senate - 2001                           CS for SB 1456
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  1         Section 4.  Section 400.4786, Florida Statutes, is

  2  created to read:

  3         400.4786  Care for persons with Alzheimer's disease or

  4  other related disorders.--

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

  6  agency must complete 4 hours of initial dementia-specific

  7  training developed or approved by the Department of Elderly

  8  Affairs. The training shall be completed within 3 months after

  9  beginning employment.

10         (b)  An individual who provides direct care shall be

11  considered a direct caregiver and must complete the required

12  initial training and 4 additional hours of training developed

13  or approved by the Department of Elderly Affairs. The training

14  shall be completed within 9 months after beginning employment.

15         (2)  In addition to the training required under

16  subsection (1), a direct caregiver must complete up to 4 hours

17  of dementia-specific continuing education each calendar year

18  as approved by the Department of Elderly Affairs.

19         (3)  Upon completing any training listed in subsection

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

21  certificate that includes the name of the training provider,

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

23  provider.  The certificate is evidence of completion of

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

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

26  the employee or direct caregiver changes employment to a

27  different home health agency or to an assisted living

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

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

30  applicable continuing education requirements.

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    Florida Senate - 2001                           CS for SB 1456
    317-1739-01




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

  2  designee, shall approve the initial and continuing education

  3  courses and providers.

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

  5  current list of providers who are approved to provide initial

  6  and continuing education for staff of home health agencies

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

  8  other related disorders.

  9         (6)  The department shall adopt rules to establish

10  standards for trainers and training and to implement this

11  section.

12         Section 5.  Section 400.55715, Florida Statutes, is

13  created to read:

14         400.55715  Care for persons with Alzheimer's disease or

15  other related disorders.--

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

17  care center must complete 4 hours of initial dementia-specific

18  training developed or approved by the department. The training

19  shall be completed within 3 months after beginning employment.

20         (b)  An individual who provides direct care shall be

21  considered a direct caregiver and must complete the required

22  initial training and 4 additional hours of training developed

23  or approved by the Department of Elderly Affairs. The training

24  shall be completed within 9 months after beginning employment.

25         (2)  In addition to the training required under

26  subsection (1), a direct caregiver must complete up to 4 hours

27  of dementia-specific continuing education each calendar year

28  as approved by the department.

29         (3)  Upon completing any training listed in subsection

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

31  certificate that includes the name of the training provider,

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    Florida Senate - 2001                           CS for SB 1456
    317-1739-01




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

  2  provider.  The certificate is evidence of completion of

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

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

  5  the employee or direct caregiver changes employment to a

  6  different adult day care center or to an assisted living

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

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

  9  applicable continuing education requirements.

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

11  initial and continuing education courses and providers.

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

13  providers who are approved to provide initial and continuing

14  education for staff of adult day care centers that provide

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

16  disorders.

17         (6)  The department shall adopt rules to establish

18  standards for trainers and training and to implement this

19  section.

20         Section 6.  Section 400.626, Florida Statutes, is

21  created to read:

22         400.626  Care for persons with Alzheimer's disease or

23  other related disorders.--

24         (1)(a)  An individual who operates or is employed by an

25  adult family-care home that provides care for residents with

26  Alzheimer's disease or other related disorders must complete 4

27  hours of initial dementia-specific training developed or

28  approved by the department. The training shall be completed

29  within 3 months after beginning employment.

30         (b)  An individual who provides direct care shall be

31  considered a direct caregiver and must complete the required

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    Florida Senate - 2001                           CS for SB 1456
    317-1739-01




  1  initial training and 4 additional hours of training developed

  2  or approved by Department of Elderly Affairs. The training

  3  shall be completed within 9 months after beginning employment.

  4         (2)  In addition to the training required under

  5  subsection (1), a direct caregiver must complete up to 4 hours

  6  of dementia-specific continuing education each calendar year

  7  as approved by the department.

  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 adult family-care home or to an assisted living

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

18  center.  The direct caregiver must comply with other

19  applicable continuing education requirements.

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

21  initial and continuing education courses and providers.

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

23  providers who are approved to provide initial and continuing

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

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

26  disorders.

27         (6)  The department shall adopt rules to establish

28  standards for trainers and training and to implement this

29  section.

30         Section 7.  Effective July 1, 2001, the Department of

31  Elderly Affairs shall convene a working group to recommend

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    Florida Senate - 2001                           CS for SB 1456
    317-1739-01




  1  training guidelines; standards for training and trainers; and

  2  materials for the required levels of dementia-specific

  3  training as specified in this act. The group shall consider

  4  and approve a variety of training methods including

  5  self-taught modules, Internet-based training, video

  6  conferencing, and "train-the-trainer" programs. The group

  7  shall consist of a representative of the Florida Alzheimer's

  8  Association, appointed by the association; a representative of

  9  the Florida Assisted Living Association, appointed by the

10  board;  a representative from one of the memory disorder

11  clinics, appointed by the secretary of the department; a

12  person from the department with knowledge of dementia and

13  community-based providers, appointed by the secretary; a

14  representative of the Department of Health, appointed by the

15  Secretary of Health, a representative of the Teaching Nursing

16  Home of Florida, appointed by the Secretary of the Agency for

17  Health Care Administration, a representative from independent

18  Alzheimer's resource centers and other dementia care providers

19  to be appointed by the Secretary of Elderly Affairs, and a

20  representative from the Agency for Health Care Administration

21  to be appointed by the Secretary of Health Care

22  Administration. The group shall hold its first meeting no

23  later than September 14, 2001. The group shall finalize its

24  recommendations no later than July 1, 2002. The Department of

25  Elderly Affairs shall provide staff support to the working

26  group. New employees shall have until July 1, 2003, to comply

27  with the guidelines. Existing employees shall have until July

28  1, 2004, to comply with the guidelines.

29         Section 8.  A community care service system must

30  contain a dementia-specific care provider network to properly

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    Florida Senate - 2001                           CS for SB 1456
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  1  address the care of a person with dementia and the families of

  2  such person.

  3         Section 9.  This act shall take effect July 1, 2001.

  4

  5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  6                         Senate Bill 1456

  7

  8  The Committee Substitute for SB 1456 modifies training
    requirements for all the provider types in the bill, requiring
  9  4 hours of initial dementia-specific training; and "up to" 4
    hours of continuing education; removes a section pertaining to
10  fees that the department may charge for the training;
    establishes a work group at the Department of Elderly Affairs
11  to develop the training guidelines; requires that a
    community-care services system must contain a
12  dementia-specific care provider network.

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