House Bill hb1207e1

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                                       CS/HB 1207, First Engrossed



  1                      A bill to be entitled

  2         An act relating to health care; creating the

  3         Florida Alzheimer's Training Act; creating ss.

  4         400.4786, 400.55715, and 400.626, F.S., and

  5         amending s. 400.6045, F.S.; prescribing

  6         training standards for employees of home health

  7         agencies, adult day care centers, adult

  8         family-care homes, and hospices, respectively,

  9         that provide care for persons with Alzheimer's

10         disease or related disorders; prescribing

11         duties of the Department of Elderly Affairs;

12         providing for compliance with guidelines within

13         a certain time period; providing for approval

14         of Alzheimer's training and trainers; providing

15         for application of training to meet specified

16         requirements; providing authority to adopt

17         rules; providing legislative findings and

18         intent; providing effective dates.

19

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

21

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

23  Alzheimer's Training Act."

24         Section 2.  Effective July 1, 2004, section 400.4786,

25  Florida Statutes, is created to read:

26         400.4786  Care for persons with Alzheimer's disease or

27  related disorders.--

28         (1)  As a condition of licensure, home health agencies

29  licensed under this part must provide to each of their

30  employees, upon beginning employment, basic written

31


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                                       CS/HB 1207, First Engrossed



  1  information about interacting with persons with Alzheimer's

  2  disease or a related disorder.

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

  4  responsibilities require them to, have direct contact with

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

  6  in addition to being provided the information required in this

  7  section, also have an initial training of at least 1 hour

  8  completed in the first 3 months after beginning employment.

  9  This training must include, but is not limited to, an overview

10  of dementias and must provide basic skills in communicating

11  with persons with dementia.

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

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

14  considered a direct caregiver and must complete the required

15  1-hour training and an additional 3 hours of training within 9

16  months after beginning to work with the home health agency.

17  This training shall include, but is not limited to, managing

18  problem behaviors, promoting the client's independence in

19  activities of daily living, and skills in working with

20  families and caregivers.

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

22  nursing assistants are part of the total hours of training

23  required annually.

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

25  456.001, continuing education hours taken as required by that

26  practitioner's licensing board shall be counted toward this

27  total of 4 hours.

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

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

30  sanctioned by that practitioner's licensing board shall be

31


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                                       CS/HB 1207, First Engrossed



  1  considered to be approved by the Department of Elderly

  2  Affairs.

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

  4  shall approve the required 1-hour and 3-hour training provided

  5  to employees or direct caregivers under this section. The

  6  department must consider for approval training offered in a

  7  variety of formats. The department shall keep a list of

  8  current providers who are approved to provide the 1-hour and

  9  3-hour training. The department shall adopt rules to establish

10  standards for the trainers and the training required in this

11  section.

12         (6)  Upon completing any training listed in this

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

14  certificate that includes the name of the training provider,

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

16  provider.  The certificate is evidence of completion of

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

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

19  the employee or direct caregiver changes employment to a

20  different home health agency or to an assisted living

21  facility, nursing home, adult day care center, adult

22  family-care home, or hospice.

23         Section 3.  Effective July 1, 2003, section 400.55715,

24  Florida Statutes, is created to read:

25         400.55715  Care for persons with Alzheimer's disease or

26  related disorders.--

27         (1)  As a condition of licensure, adult day care

28  centers licensed under this part must provide to each of their

29  employees, upon beginning employment, basic written

30  information about interacting with persons with Alzheimer's

31  disease or a related disorder.


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                                       CS/HB 1207, First Engrossed



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

  2  responsibilities require them to, have direct contact with

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

  4  in addition to being provided the information required in this

  5  section, also have an initial training of at least 1 hour

  6  completed in the first 3 months after beginning employment.

  7  This training must include, but is not limited to, an overview

  8  of dementias and must provide basic skills in communicating

  9  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  1-hour training and an additional 3 hours of training within 9

13  months after beginning employment. This training shall

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

15  promoting the client'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  shall approve the 1-hour and 3-hour training provided to

31  employees and direct caregivers under this section. The


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                                       CS/HB 1207, First Engrossed



  1  department must consider for approval training offered in a

  2  variety of formats. The department shall keep a list of

  3  current providers who are approved to provide the 1-hour and

  4  3-hour training. The department shall adopt rules to establish

  5  standards for the trainers and the training required in this

  6  section.

  7         (6)  Upon completing any training listed in this

  8  section, 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 day care center or to an assisted living

16  facility, nursing home, home health agency, adult family-care

17  home, or hospice. The direct caregiver must comply with other

18  applicable continuing education requirements.

19         Section 4.  Effective July 1, 2004, section 400.626,

20  Florida Statutes, is created to read:

21         400.626  Care for persons with Alzheimer's disease or

22  related disorders.--

23         (1)  As a condition of licensure, adult family-care

24  homes licensed under this part must provide to each of their

25  employees, upon beginning employment, basic written

26  information about interacting with persons with Alzheimer's

27  disease or a related disorder.

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

29  responsibilities require them to, have direct contact with

30  clients with Alzheimer's disease or a related disorder must,

31  in addition to being provided the information required in this


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                                       CS/HB 1207, First Engrossed



  1  section, also have an initial training of at least 1 hour

  2  completed in the first 3 months after beginning employment.

  3  This training must include, but is not limited to, an overview

  4  of dementias and must provide basic skills in communicating

  5  with persons with dementia.

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

  7  considered a direct caregiver and must complete the required

  8  1-hour training and an additional 3 hours of training within 9

  9  months after beginning employment. This training shall

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

11  promoting the client's independence in activities of daily

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

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

14  nursing assistants are part of the total hours of training

15  required annually.

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

17  456.001, continuing education hours taken as required by that

18  practitioner's licensing board shall be counted toward this

19  total of 4 hours.

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

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

22  sanctioned by that practitioner's licensing board shall be

23  considered to be approved by the Department of Elderly

24  Affairs.

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

26  shall approve the 1-hour and 3-hour training provided to

27  employees or direct caregivers under this section. The

28  department must consider for approval training offered in a

29  variety of formats. The department shall keep a list of

30  current providers who are approved to provide 1-hour and

31  3-hour training. The department shall adopt rules to establish


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                                       CS/HB 1207, First Engrossed



  1  standards for the trainers and the training required in this

  2  section.

  3         (6)  Upon completing any training listed in this

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

  5  certificate that includes the name of the training provider,

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

  7  provider.  The certificate is evidence of completion of

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

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

10  the employee or direct caregiver changes employment to a

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

12  facility, nursing home, home health agency, adult day care

13  center, or hospice.

14         Section 5.  Effective July 1, 2003, section 400.6045,

15  Florida Statutes, is amended to read:

16         400.6045  Patients with Alzheimer's disease or other

17  related disorders; certain disclosures; training.--

18         (1)  A hospice licensed under this part which claims

19  that it provides special care for persons who have Alzheimer's

20  disease or other related disorders must disclose in its

21  advertisements or in a separate document those services that

22  distinguish the care as being especially applicable to, or

23  suitable for, such persons.  The hospice must give a copy of

24  all such advertisements or a copy of the document to each

25  person who requests information about programs and services

26  for persons with Alzheimer's disease or other related

27  disorders offered by the hospice and must maintain a copy of

28  all such advertisements and documents in its records.  The

29  agency shall examine all such advertisements and documents in

30  the hospice's records as part of the license renewal

31  procedure.


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                                       CS/HB 1207, First Engrossed



  1         (2)  A hospice licensed under this part must provide to

  2  each of its employees, upon beginning employment, basic

  3  written information about interacting with persons with

  4  Alzheimer's disease or a related disorder.

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

  6  responsibilities require them to, have direct contact with

  7  patients with Alzheimer's disease or a related disorder must,

  8  in addition to being provided the information required in this

  9  section, have an initial training of at least 1 hour completed

10  in the first 3 months after beginning employment. This

11  training shall include, but not be limited to, an overview of

12  dementias and shall provide basic skills in communicating with

13  persons with dementia.

14         (4)  An individual who provides direct care to a person

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

16  considered a direct caregiver and must complete the required

17  1-hour training and an additional 3 hours of training within 9

18  months after beginning to work with the hospice. This training

19  shall include, but not be limited to, managing problem

20  behaviors, promoting the patient's independence in activities

21  of daily living, and skills in working with families and

22  caregivers.

23         (a)  For certified nursing assistance, the required 4

24  hours of training shall be part of the total hours of training

25  required annually.

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

27  456.001, continuing education hours taken as required by that

28  practitioner's licensing board shall be counted toward this

29  total of 4 hours.

30         (5)  For an employee who is a licensed health care

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


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                                       CS/HB 1207, First Engrossed



  1  sanctioned by that practitioner's licensing board shall be

  2  considered to be approved by the Department of Elderly

  3  Affairs.

  4         (6)  The Department of Elderly Affairs or its designee

  5  shall approve the required 1-hour and 3-hour training provided

  6  to employees or direct caregivers under this section. The

  7  department must consider for approval training offered in a

  8  variety of formats. The department shall keep a list of

  9  current providers who are approved to provide the 1-hour and

10  3-hour training. The department shall adopt rules to establish

11  standards for the trainers and the training required in this

12  section.

13         (7)  Upon completing any training described in this

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

15  certificate that includes the name of the training provider,

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

17  provider. The certificate is evidence of completion of

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

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

20  the employee or direct caregiver changes employment to a

21  different hospice or a home health agency, assisted living

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

23  family-care home.

24         Section 6.  An employee hired on or after July 1, 2002,

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

26  July 1, 2003, or July 1, 2004, as provided.

27         Section 7.  The Department of Elderly Affairs or its

28  designee must approve the initial and continuing training

29  provided pursuant to this act.  The department shall keep a

30  list of current providers who are approved to provide initial

31  and continuing training.  The department shall adopt rules to


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                                       CS/HB 1207, First Engrossed



  1  establish standards for the trainers and the training required

  2  in this act. Any trainer approved pursuant to this act shall

  3  be considered to be an approved trainer for the purposes of

  4  meeting the Alzheimer's training requirements for any entity

  5  licensed under chapter 400, Florida Statutes. Any training

  6  curricula approved pursuant to this act shall be considered to

  7  meet the Alzheimer's training requirements for any entity

  8  licensed under chapter 400, Florida Statutes, except that the

  9  approved training curricula shall be considered to meet only a

10  part of the Alzheimer's training requirements for assisted

11  living facilities licensed under part III of chapter 400,

12  Florida Statutes. A trainer shall submit to the department or

13  its designee the additional curricula necessary to meet the

14  Alzheimer's training requirements set forth in s. 400.4178,

15  Florida Statutes, for employees of assisted living facilities.

16  The department shall apply the training completed by employees

17  who meet the Alzheimer's training requirements for any entity

18  licensed pursuant to part II, part IV, part V, part VI, or

19  part VII of chapter 400, Florida Statutes, toward the

20  completion of the additional Alzheimer's training required in

21  s. 400.4178, Florida Statutes.

22         Section 8.  The Legislature finds that Alzheimer's

23  disease and related disorders pose an urgent health need in

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

25  postsecondary school that prepares undergraduate or graduate

26  students for health professions as described in chapter 456,

27  Florida Statutes, is encouraged to include in its curriculum

28  basic training about Alzheimer's disease and related

29  disorders.

30         Section 9.  Except as otherwise provided herein, this

31  act shall take effect July 1, 2002.


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