Senate Bill sb1456c2

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    Florida Senate - 2001                    CS for CS for SB 1456

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


    309-1901-01

  1                      A bill to be entitled

  2         An act relating to health care facilities;

  3         creating the Florida Alzheimer's Training Act;

  4         creating ss. 400.1755, 400.4786, 400.55715,

  5         400.626, F.S.; prescribing training standards

  6         for employees of nursing homes, home health

  7         agencies, adult day care centers, and adult

  8         family-care homes, respectively, that provide

  9         care for persons with Alzheimer's disease or

10         related disorders; prescribing duties of the

11         Department of Elderly Affairs; providing for

12         compliance with guidelines within a certain

13         time period; authorizing the department to

14         enter into an agreement for evaluation of

15         trainers and materials; providing legislative

16         findings and intent; requiring

17         dementia-specific care providers to be included

18         in community care service systems; providing an

19         effective date.

20

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

22

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

24  Alzheimer's Training Act."

25         Section 2.  Section 400.1755, Florida Statutes, is

26  created to read:

27         400.1755  Care for persons with Alzheimer's disease or

28  related disorders.--

29         (1)  As a condition of licensure, facilities licensed

30  under this part must provide to each of their employees, upon

31  beginning employment, basic written information about

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    Florida Senate - 2001                    CS for CS for SB 1456
    309-1901-01




  1  interacting with persons with Alzheimer's disease or a related

  2  disorder.

  3         (2)  All employees who are expected to, or whose

  4  responsibilities require them to, have direct contact with

  5  residents with Alzheimer's disease or a related disorder must,

  6  in addition to being provided the information required in

  7  subsection (1), also have an initial training of at least 1

  8  hour completed in the first 3 months after beginning

  9  employment. This training must include, but is not limited to,

10  an overview of dementias and must provide basic skills in

11  communicating with persons with dementia.

12         (3)  An individual who provides direct care shall be

13  considered a direct caregiver and must complete the required

14  initial training and an additional 3 hours of training within

15  9 months after beginning employment. This training shall

16  include, but is not limited to, managing problem behaviors,

17  promoting the resident's independence in activities of daily

18  living, and skills in working with families and caregivers.

19         (a)  The required 4 hours of training for certified

20  nursing assistants are part of the total hours of training

21  required annually.

22         (b)  For a health care practitioner as defined in s.

23  456.001, continuing-education hours taken as required by that

24  practitioner's licensing board shall be counted toward this

25  total of 4 hours.

26         (4)  For an employee who is a licensed health care

27  practitioner as defined in s. 456.001, training that is

28  sanctioned by that practitioner's licensing board shall be

29  considered to be approved by the Department of Elderly

30  Affairs.

31

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    Florida Senate - 2001                    CS for CS for SB 1456
    309-1901-01




  1         (5)  The Department of Elderly Affairs or its designee

  2  must approve the initial and continuing training provided in

  3  the facilities. The department must approve training offered

  4  in a variety of formats, including, but not limited to,

  5  internet-based training, videos, teleconferencing, and

  6  classroom instruction. The department shall keep a list of

  7  current providers who are approved to provide initial and

  8  continuing training. The department shall adopt rules to

  9  establish standards for the trainers and the training required

10  in this section.

11         (6)  Upon completing any training listed in this

12  section, the employee or direct caregiver shall be issued a

13  certificate that includes the name of the training provider,

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

15  provider.  The certificate is evidence of completion of

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

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

18  the employee or direct caregiver changes employment to a

19  different facility or to an assisted living facility, home

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

21  home.  The direct caregiver must comply with other applicable

22  continuing education requirements.

23         Section 3.  Section 400.4786, Florida Statutes, is

24  created to read:

25         400.4786  Care for persons with Alzheimer's disease or

26  related disorders.--

27         (1)  As a condition of licensure, facilities licensed

28  under this part must provide to each of their employees, upon

29  beginning employment, basic written information about

30  interacting with persons with Alzheimer's disease or a related

31  disorder.

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    Florida Senate - 2001                    CS for CS for SB 1456
    309-1901-01




  1         (2)  All employees who are expected to, or whose

  2  responsibilities require them to, have direct contact with

  3  residents with Alzheimer's disease or a related disorder must,

  4  in addition to being provided the information required in

  5  subsection (1), also have an initial training of at least 1

  6  hour completed in the first 3 months after beginning

  7  employment. This training must include, but is not limited to,

  8  an overview of dementias and must provide basic skills in

  9  communicating with persons with dementia.

10         (3)  An individual who provides direct care to a person

11  with Alzheimer's disease or a related disorder shall be

12  considered a direct caregiver and must complete the required

13  initial training and an additional 3 hours of training within

14  9 months after beginning to work with the home health agency

15  or nurse registry. This training shall include, but is not

16  limited to, managing problem behaviors, promoting the

17  resident's independence in activities of daily living, and

18  skills in working with families and caregivers.

19         (a)  The required 4 hours of training for certified

20  nursing assistants are part of the total hours of training

21  required annually.

22         (b)  For a health care practitioner as defined in s.

23  456.001, continuing-education hours taken as required by that

24  practitioner's licensing board shall be counted toward this

25  total of 4 hours.

26         (4)  For an employee who is a licensed health care

27  practitioner as defined in s. 456.001, training that is

28  sanctioned by that practitioner's licensing board shall be

29  considered to be approved by the Department of Elderly

30  Affairs.

31

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    Florida Senate - 2001                    CS for CS for SB 1456
    309-1901-01




  1         (5)  The Department of Elderly Affairs or its designee

  2  must approve the initial and continuing training provided in

  3  the facilities. The department must approve training offered

  4  in a variety of formats, including, but not limited to,

  5  internet-based training, videos, teleconferencing, and

  6  classroom instruction. The department shall keep a list of

  7  current providers who are approved to provide initial and

  8  continuing training. The department shall adopt rules to

  9  establish standards for the trainers and the training required

10  in this section.

11         (6)  Upon completing any training listed in subsection

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

13  certificate that includes the name of the training provider,

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

15  provider.  The certificate is evidence of completion of

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

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

18  the employee or direct caregiver changes employment to a

19  different home health agency or to an assisted living

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

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

22  applicable continuing education requirements.

23         Section 4.  Section 400.55715, Florida Statutes, is

24  created to read:

25         400.55715  Care for persons with Alzheimer's disease or

26  related disorders.--

27         (1)  As a condition of licensure, facilities licensed

28  under this part must provide to each of their employees, upon

29  beginning employment, basic written information about

30  interacting with persons with Alzheimer's disease or a related

31  disorder.

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    Florida Senate - 2001                    CS for CS for SB 1456
    309-1901-01




  1         (2)  All employees who are expected to, or whose

  2  responsibilities require them to, have direct contact with

  3  residents with Alzheimer's disease or a related disorder must,

  4  in addition to being provided the information required in

  5  subsection (1), also have an initial training of at least 1

  6  hour completed in the first 3 months after beginning

  7  employment. This training must include, but is not limited to,

  8  an overview of dementias and must provide basic skills in

  9  communicating with persons with dementia.

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

11  considered a direct caregiver and must complete the required

12  initial training and an additional 3 hours of training within

13  9 months after beginning employment. This training shall

14  include, but is not limited to, managing problem behaviors,

15  promoting the resident's independence in activities of daily

16  living, and skills in working with families and caregivers.

17         (a)  The required 4 hours of training for certified

18  nursing assistants are part of the total hours of training

19  required annually.

20         (b)  For a health care practitioner as defined in s.

21  456.001, continuing-education hours taken as required by that

22  practitioner's licensing board shall be counted toward this

23  total of 4 hours.

24         (4)  For an employee who is a licensed health care

25  practitioner as defined in s. 456.001, training that is

26  sanctioned by that practitioner's licensing board shall be

27  considered to be approved by the Department of Elderly

28  Affairs.

29         (5)  The Department of Elderly Affairs or its designee

30  must approve the initial and continuing training provided in

31  the facilities. The department must approve training offered

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    Florida Senate - 2001                    CS for CS for SB 1456
    309-1901-01




  1  in a variety of formats, including, but not limited to,

  2  internet-based training, videos, teleconferencing, and

  3  classroom instruction. The department shall keep a list of

  4  current providers who are approved to provide initial and

  5  continuing training. The department shall adopt rules to

  6  establish standards for the trainers and the training required

  7  in this section.

  8         (6)  Upon completing any training listed in this

  9  section, 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 day care center or to an assisted living

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

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

19  applicable continuing education requirements.

20         Section 5.  Section 400.626, Florida Statutes, is

21  created to read:

22         400.626  Care for persons with Alzheimer's disease or

23  related disorders.--

24         (1)  As a condition of licensure, facilities licensed

25  under this part must provide to each of their employees, upon

26  beginning employment, basic written information about

27  interacting with persons with Alzheimer's disease or a related

28  disorder.

29         (2)  All employees who are expected to, or whose

30  responsibilities require them to, have direct contact with

31  residents with Alzheimer's disease or a related disorder must,

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    Florida Senate - 2001                    CS for CS for SB 1456
    309-1901-01




  1  in addition to being provided the information required in

  2  subsection (1), also have an initial training of at least 1

  3  hour completed in the first 3 months after beginning

  4  employment. This training must include, but is not limited to,

  5  an overview of dementias and must provide basic skills in

  6  communicating with persons with dementia.

  7         (3)  An individual who provides direct care shall be

  8  considered a direct caregiver and must complete the required

  9  initial training and an additional 3 hours of training within

10  9 months after beginning employment. This training shall

11  include, but is not limited to, managing problem behaviors,

12  promoting the resident's independence in activities of daily

13  living, and skills in working with families and caregivers.

14         (a)  The required 4 hours of training for certified

15  nursing assistants are part of the total hours of training

16  required annually.

17         (b)  For a health care practitioner as defined in s.

18  456.001, continuing-education hours taken as required by that

19  practitioner's licensing board shall be counted toward this

20  total of 4 hours.

21         (4)  For an employee who is a licensed health care

22  practitioner as defined in s. 456.001, training that is

23  sanctioned by that practitioner's licensing board shall be

24  considered to be approved by the Department of Elderly

25  Affairs.

26         (5)  The Department of Elderly Affairs or its designee

27  must approve the initial and continuing training provided in

28  the facilities. The department must approve training offered

29  in a variety of formats, including, but not limited to,

30  internet-based training, videos, teleconferencing, and

31  classroom instruction. The department shall keep a list of

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    Florida Senate - 2001                    CS for CS for SB 1456
    309-1901-01




  1  current providers who are approved to provide initial and

  2  continuing training. The department shall adopt rules to

  3  establish standards for the trainers and the training required

  4  in this section.

  5         (6)  Upon completing any training listed in this

  6  section, the employee or direct caregiver shall be issued a

  7  certificate that includes the name of the training provider,

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

  9  provider.  The certificate is evidence of completion of

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

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

12  the employee or direct caregiver changes employment to a

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

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

15  center.  The direct caregiver must comply with other

16  applicable continuing education requirements.

17         Section 6.  An employee hired on or after July 1, 2001,

18  need not comply with the guidelines created in this act before

19  July 1, 2002.

20         Section 7.  The Department of Elderly Affairs may

21  contract with or enter into a cooperative agreement with a

22  state university or statewide advocacy organization that

23  possesses expertise in the area of Alzheimer's disease and

24  related disorders to review potential trainers and training

25  materials. The department may accept grants, donations, and

26  gifts to meet the costs associated with providing the review

27  and approval and the required training.

28         Section 8.  The Legislature finds that Alzheimer's

29  disease and related disorders pose an urgent health need in

30  this state. Therefore, each state university, college, or

31  postsecondary school that prepares undergraduate or graduate

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    Florida Senate - 2001                    CS for CS for SB 1456
    309-1901-01




  1  students for health professions as described in chapter 456,

  2  Florida Statutes, is encouraged to include in its curriculum

  3  basic training about Alzheimer's disease and related

  4  disorders.

  5         Section 9.  A community care service system must

  6  contain a dementia-specific care provider network to properly

  7  address the care of a person with dementia and the families of

  8  such person.

  9         Section 10.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                    CS for CS for SB 1456
    309-1901-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                          CS for SB 1456

  3

  4  Specifically states required Alzheimer's and related dementia
    training as "condition of licensure" for nursing homes, health
  5  agencies, nurse registries, ADCCs, and AFCHs.

  6  Facilities must provide basic written information about
    interacting with persons with Alzheimer's disease and related
  7  disorders to all employees.

  8  Reduces the number of initial training hours for employees
    having "direct contact" only with Alzheimer's residents from 4
  9  hours to at least 1 hour.

10  Reduces the number of additional training hours for employees
    defined as "direct caregivers" from 4 hours to 3 hours; and
11  specifies this training to include managing problem behaviors,
    promoting the resident's independence, and skills in working
12  with families and caregivers.

13  The bill states that the required 4 hours of training for
    CNA's are part of the total hours of training required
14  annually.

15  Continuing-education hours taken by a health care practitioner
    as defined in s. 456.001, F.S. and as required by their
16  licensing board shall be counted toward the 4 hours of
    required Alzheimer's training.
17
    Sanctioned training by a licensing board for a licensed health
18  care practitioner defined in s. 456.001, F.S. is considered
    approved by Department of Elderly Affairs.
19
    This bill no longer requires Department of Elderly Affairs to
20  convene a working group to recommend training guidelines,
    standards, and materials to implement this act.
21
    The bill allows Department of Elderly Affairs to contract with
22  or enter into an agreement with a state university or sta
    tewide advocacy organization with expertise in Alzheimer's
23  disease and related disorders to assess potential trainers and
    training materials.  The bill allows Department to accept
24  grants, donations, and gifts to meet the costs of training
    review and approval.
25
    This section provides that persons afflicted with Alzheimer's
26  disease and related disorders poses an urgent health need in
    Florida.  State universities, colleges, and postsecondary
27  schools preparing students for health professions described in
    Chapter 456, F.S., are encouraged to provide Alzheimer's and
28  related disorders training.

29  The required Alzheimer's disease and related disorders
    training has been identified in this bill as being a part of
30  the total hours of CNA training required annually rather than
    an additional training requirement as in the previous bill.
31

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