HB 1527 2003
1	CHAMBER ACTION
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6	The Committee on Future of Florida's Families recommends the
7	following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to health care regulation; creating the
13	Florida Alzheimer’s Training Act; providing a popular
14	name; amending ss. 400.4785, 400.5571, and 400.6045, F.S.;
15	prescribing training standards for employees of home
16	health agencies, adult day care centers, and hospices,
17	respectively, that provide care for persons who have
18	Alzheimer's disease or related disorders; prescribing
19	duties of the Department of Elderly Affairs; providing for
20	compliance with guidelines within a certain time period;
21	providing for approval of Alzheimer's training and
22	trainers; providing for application of training to meet
23	specified requirements; providing authority to adopt
24	rules; providing legislative findings and intent;
25	encouraging state universities, colleges, and
26	postsecondary schools preparing students for health care
27	professions to include training about Alzheimer’s disease
28	and related disorders; providing an effective date.
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30	Be It Enacted by the Legislature of the State of Florida:
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32	Section 1. This act may be known by the popular name the
33	"Florida Alzheimer's Training Act."
34	Section 2. Section 400.4785, Florida Statutes, is amended
35	to read:
36	400.4785 Patients with Alzheimer's disease or other
37	related disorders; staff training requirements;certain
38	disclosures.--
39	(1) A home health agency must provide the following staff
40	training:
41	(a) Upon beginning employment with the agency, each
42	employee must receive basic written information about
43	interacting with participants who have Alzheimer's disease or
44	dementia-related disorders.
45	(b) In addition to the information provided under
46	paragraph (a), newly hired home health agency personnel who will
47	be providing direct care to patients must complete 2 hours of
48	training in Alzheimer's disease and dementia-related disorders
49	within 9 months after beginning employment with the agency. This
50	training must include, but is not limited to, an overview of
51	dementia, a demonstration of basic skills in communicating with
52	persons who have dementia, the management of problem behaviors,
53	information about promoting the client's independence in
54	activities of daily living, and instruction in skills for
55	working with families and caregivers.
56	(c) For certified nursing assistants, the required 2 hours
57	of training shall be part of the total hours of training
58	required annually.
59	(d) For a health care practitioner as defined in s.
60	456.001, continuing education hours taken as required by that
61	practitioner's licensing board shall be counted toward the total
62	of 2 hours.
63	(e) For an employee who is a licensed health care
64	practitioner as defined in s. 456.001, training that is
65	sanctioned by that practitioner's licensing board shall be
66	considered to be approved by the Department of Elderly Affairs.
67	(f) The Department of Elderly Affairs, or its designee,
68	must approve the required training. The department must consider
69	for approval training offered in a variety of formats. The
70	department shall keep a list of current providers who are
71	approved to provide the 2-hour training. The department shall
72	adopt rules to establish standards for the employees who are
73	subject to this training, for the trainers, and for the training
74	required in this section.
75	(g) Upon completing the training listed in this section,
76	the employee shall be issued a certificate that states that the
77	training mandated under this section has been received. The
78	certificate shall be dated and signed by the training provider.
79	The certificate is evidence of completion of this training, and
80	the employee is not required to repeat this training if the
81	employee changes employment to a different home health agency.
82	(h) An employee who is hired on or after July 1, 2003,
83	must complete the required training by July 1, 2004, or by the
84	deadline specified in this section, whichever is later.
85	(i) A licensed home health agency whose unduplicated
86	census during the most recent calendar year was comprised of at
87	least 90 percent of individuals aged 21 years or younger at the
88	date of admission is exempt from the training requirements in
89	this section.
90	(2)An agency licensed under this part which claims that
91	it provides special care for persons who have Alzheimer's
92	disease or other related disorders must disclose in its
93	advertisements or in a separate document those services that
94	distinguish the care as being especially applicable to, or
95	suitable for, such persons. The agency must give a copy of all
96	such advertisements or a copy of the document to each person who
97	requests information about the agency and must maintain a copy
98	of all such advertisements and documents in its records. The
99	Agency for Health Care Administration shall examine all such
100	advertisements and documents in the agency's records as part of
101	the license renewal procedure.
102	Section 3. Section 400.5571, Florida Statutes, is amended
103	to read:
104	400.5571 Patients with Alzheimer's disease or other
105	related disorders; staff training requirements;certain
106	disclosures.--
107	(1) An adult day care center licensed under this part must
108	provide the following staff training:
109	(a) Upon beginning employment with the facility, each
110	employee must receive basic written information about
111	interacting with participants who have Alzheimer's disease or
112	dementia-related disorders.
113	(b) In addition to the information provided under
114	paragraph (a), newly hired adult day care center personnel who
115	are expected to, or whose responsibilities require them to, have
116	direct contact with participants who have Alzheimer's disease or
117	dementia-related disorders must complete initial training of at
118	least 1 hour within the first 3 months after beginning
119	employment. The training must include an overview of dementias
120	and must provide instruction in basic skills for communicating
121	with persons who have dementia.
122	(c) In addition to the requirements of paragraphs (a) and
123	(b), an employee who will be providing direct care to a
124	participant who has Alzheimer's disease or a dementia-related
125	disorder must complete an additional 3 hours of training within
126	9 months after beginning employment. This training must include,
127	but is not limited to, the management of problem behaviors,
128	information about promoting the participant's independence in
129	activities of daily living, and instruction in skills for
130	working with families and caregivers.
131	(d) For certified nursing assistants, the required 4 hours
132	of training shall be part of the total hours of training
133	required annually.
134	(e) For a health care practitioner as defined in s.
135	456.001, continuing education hours taken as required by that
136	practitioner's licensing board shall be counted toward the total
137	of 4 hours.
138	(f) For an employee who is a licensed health care
139	practitioner as defined in s. 456.001, training that is
140	sanctioned by that practitioner's licensing board shall be
141	considered to be approved by the Department of Elderly Affairs.
142	(g) The Department of Elderly Affairs or its designee must
143	approve the 1-hour and 3-hour training provided to employees and
144	direct caregivers under this section. The department must
145	consider for approval training offered in a variety of formats.
146	The department shall keep a list of current providers who are
147	approved to provide the 1-hour and 3-hour training. The
148	department shall adopt rules to establish standards for the
149	employees who are subject to this training, for the trainers,
150	and for the training required in this section.
151	(h) Upon completing any training described in this
152	section, the employee or direct caregiver shall be issued a
153	certificate that includes the name of the training provider, the
154	topic covered, and the date and signature of the training
155	provider. The certificate is evidence of completion of training
156	in the identified topic, and the employee or direct caregiver is
157	not required to repeat training in that topic if the employee or
158	direct caregiver changes employment to a different adult day
159	care center or to an assisted living facility, nursing home,
160	home health agency, or hospice. The direct caregiver must comply
161	with other applicable continuing education requirements.
162	(i) An employee who is hired on or after July 1, 2003,
163	must complete the required training by July 1, 2004, or by the
164	deadline specified in this section, whichever is later.
165	(2)A center licensed under this part which claims that it
166	provides special care for persons who have Alzheimer's disease
167	or other related disorders must disclose in its advertisements
168	or in a separate document those services that distinguish the
169	care as being especially applicable to, or suitable for, such
170	persons. The center must give a copy of all such advertisements
171	or a copy of the document to each person who requests
172	information about the center and must maintain a copy of all
173	such advertisements and documents in its records. The agency
174	shall examine all such advertisements and documents in the
175	center's records as part of the license renewal procedure.
176	Section 4. Section 400.6045, Florida Statutes, is amended
177	to read:
178	400.6045 Patients with Alzheimer's disease or other
179	related disorders; staff training requirements;certain
180	disclosures.--
181	(1) A hospice licensed under this part must provide the
182	following staff training:
183	(a) Upon beginning employment with the agency, each
184	employee must receive basic written information about
185	interacting with persons who have Alzheimer's disease or
186	dementia-related disorders.
187	(b) In addition to the information provided under
188	paragraph (a), employees who are expected to, or whose
189	responsibilities require them to, have direct contact with
190	participants who have Alzheimer's disease or dementia-related
191	disorders must complete initial training of at least 1 hour
192	within the first 3 months after beginning employment. The
193	training must include an overview of dementias and must provide
194	instruction in basic skills for communicating with persons who
195	have dementia.
196	(c) In addition to the requirements of paragraphs (a) and
197	(b), an employee who will be providing direct care to a
198	participant who has Alzheimer's disease or a dementia-related
199	disorder must complete an additional 3 hours of training within
200	9 months after beginning employment. This training must include,
201	but is not limited to, the management of problem behaviors,
202	information about promoting the patient's independence in
203	activities of daily living, and instruction in skills for
204	working with families and caregivers.
205	(d) For certified nursing assistants, the required 4 hours
206	of training shall be part of the total hours of training
207	required annually.
208	(e) For a health care practitioner as defined in s.
209	456.001, continuing education hours taken as required by that
210	practitioner's licensing board shall be counted toward the total
211	of 4 hours.
212	(f) For an employee who is a licensed health care
213	practitioner as defined in s. 456.001, training that is
214	sanctioned by that practitioner's licensing board shall be
215	considered to be approved by the Department of Elderly Affairs.
216	(g) The Department of Elderly Affairs or its designee must
217	approve the required 1-hour and 3-hour training provided to
218	employees or direct caregivers under this section. The
219	department must consider for approval training offered in a
220	variety of formats. The department shall keep a list of current
221	providers who are approved to provide the 1-hour and 3-hour
222	training. The department shall adopt rules to establish
223	standards for the employees who are subject to this training,
224	for the trainers, and for the training required in this section.
225	(h) Upon completing any training described in this
226	section, the employee or direct caregiver shall be issued a
227	certificate that includes the name of the training provider, the
228	topic covered, and the date and signature of the training
229	provider. The certificate is evidence of completion of training
230	in the identified topic, and the employee or direct caregiver is
231	not required to repeat training in that topic if the employee or
232	direct caregiver changes employment to a different hospice or to
233	a home health agency, assisted living facility, nursing home, or
234	adult day care center.
235	(i) An employee who is hired on or after July 1, 2003,
236	must complete the required training by July 1, 2004, or by the
237	deadline specified in this section, whichever is later.
238	(2)A hospice licensed under this part which claims that
239	it provides special care for persons who have Alzheimer's
240	disease or other related disorders must disclose in its
241	advertisements or in a separate document those services that
242	distinguish the care as being especially applicable to, or
243	suitable for, such persons. The hospice must give a copy of all
244	such advertisements or a copy of the document to each person who
245	requests information about programs and services for persons
246	with Alzheimer's disease or other related disorders offered by
247	the hospice and must maintain a copy of all such advertisements
248	and documents in its records. The agency shall examine all such
249	advertisements and documents in the hospice's records as part of
250	the license renewal procedure.
251	Section 5. The Legislature finds that Alzheimer's disease
252	and related disorders pose an urgent health problem in this
253	state. Therefore, each state university, college, or
254	postsecondary school that prepares undergraduate or graduate
255	students for health professions as described in chapter 456,
256	Florida Statutes, is encouraged to include in its curriculum
257	basic training about Alzheimer's disease and related disorders.
258	Section 6. This act shall take effect July 1, 2003.
259