Amendment
Bill No. 0267
Amendment No. 337253
CHAMBER ACTION
Senate House
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1Representative Machek offered the following:
2
3     Amendment (with title amendment)
4     Between lines 292 and 293, insert:
5     Section 9.  Subsection (1) of section 464.203, Florida
6Statutes, is amended, and subsections (8) and (9) are added to
7said section, to read:
8     464.203  Certified nursing assistants; certification
9requirement.--
10     (1)  The board shall issue a certificate to practice as a
11certified nursing assistant to any person who demonstrates a
12minimum competency to read and write and successfully passes the
13required background Level I or Level II screening in subsection
14(8) pursuant to s. 400.215 and who meets one of the following
15requirements:
16     (a)  Has successfully completed an approved training
17program and achieved a minimum score, established by rule of the
18board, on the nursing assistant competency examination, which
19consists of a written portion and skills-demonstration portion
20approved by the board and administered at a site and by
21personnel approved by the department.
22     (b)  Has achieved a minimum score, established by rule of
23the board, on the nursing assistant competency examination,
24which consists of a written portion and skills-demonstration
25portion, approved by the board and administered at a site and by
26personnel approved by the department and:
27     1.  Has a high school diploma, or its equivalent; or
28     2.  Is at least 18 years of age.
29     (c)  Is currently certified in another state; is listed on
30that state's certified nursing assistant registry; and has not
31been found to have committed abuse, neglect, or exploitation in
32that state.
33     (d)  Has completed the curriculum developed under the
34Enterprise Florida Jobs and Education Partnership Grant and
35achieved a minimum score, established by rule of the board, on
36the nursing assistant competency examination, which consists of
37a written portion and skills-demonstration portion, approved by
38the board and administered at a site and by personnel approved
39by the department.
40     (8)  For purposes of this section, background screening
41shall include:
42     (a)  A determination whether the person seeking the
43certificate has committed any act that would constitute grounds
44for disciplinary sanctions as provided in s. 464.204(1); and
45     (b)1.  For persons who have continuously resided in this
46state for the 5 years immediately preceding the date of
47screening, level 1 screening as set forth in chapter 435; or
48     2.  For persons who have not continuously resided in this
49state for the 5 years immediately preceding the date of
50screening, level 2 screening as set forth in chapter 435.
51     (9)  Beginning January 1, 2005, the Department of Health
52and the Agency for Health Care Administration shall, after
53certification of an applicant, post the information relating to
54background screening on the agency's background-screening
55database, which shall be available only to employers and
56prospective employers, who, as a condition of employment, are
57required by law to conduct a background check for the employment
58of certified nursing assistants.
59     Section 10.  Subsection (4) of section 400.211, Florida
60Statutes, is amended to read:
61     400.211  Persons employed as nursing assistants;
62certification requirement.--
63     (4)  When employed by a nursing home facility for a 12-
64month period or longer, a nursing assistant, to maintain
65certification, shall submit to a performance review every 12
66months and must receive regular inservice education based on the
67outcome of such reviews. The inservice training must:
68     (a)  Be sufficient to ensure the continuing competence of
69nursing assistants, must be at least 18 hours per year, and may
70include hours accrued under s. 464.203(7) 464.203(8);
71     (b)  Include, at a minimum:
72     1.  Techniques for assisting with eating and proper
73feeding;
74     2.  Principles of adequate nutrition and hydration;
75     3.  Techniques for assisting and responding to the
76cognitively impaired resident or the resident with difficult
77behaviors;
78     4.  Techniques for caring for the resident at the end-of-
79life; and
80     5.  Recognizing changes that place a resident at risk for
81pressure ulcers and falls; and
82     (c)  Address areas of weakness as determined in nursing
83assistant performance reviews and may address the special needs
84of residents as determined by the nursing home facility staff.
85
86Costs associated with this training may not be reimbursed from
87additional Medicaid funding through interim rate adjustments.
88     Section 11.  Subsection (5) of section 400.215, Florida
89Statutes, is amended to read:
90     400.215  Personnel screening requirement.--
91     (5)  Any provision of law to the contrary notwithstanding,
92persons who have been screened and qualified as required by this
93section or s. 464.203, and who have not been unemployed for more
94than 180 days thereafter, and who under penalty of perjury
95attest to not having been convicted of a disqualifying offense
96since the completion of such screening, shall not be required to
97be rescreened. For purposes of this subsection, screened and
98qualified under s. 464.203 means that the person subject to such
99screening at the time of certification by the Board of Nursing
100does not have any disqualifying offense under chapter 435 or has
101received an exemption from any disqualification under chapter
102435 from the Board of Nursing. An employer may obtain, pursuant
103to s. 435.10, written verification of qualifying screening
104results from the previous employer or other entity which caused
105such screening to be performed.
106
107================ T I T L E  A M E N D M E N T =============
108     Remove line 43 and insert:
109requirements and bed limitations; amending s. 464.203, F.S.;
110providing screening methods for the issuance of certificates to
111practice as a certified nursing assistant; providing criteria
112for background screenings; requiring the Department of Heath and
113the Agency for Health Care Administration to post certain
114information on its background screening database; amending s.
115400.211, F.S.; requiring certain nursing assistants to submit to
116a performance review every 12 months; correcting a cross
117reference; amending s. 400.215, F.S.; providing a definition;
118amending s. 651.118,


CODING: Words stricken are deletions; words underlined are additions.