1 | Representative Machek offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between lines 292 and 293, insert: |
5 | Section 9. Subsection (1) of section 464.203, Florida |
6 | Statutes, is amended, and subsections (8) and (9) are added to |
7 | said section, to read: |
8 | 464.203 Certified nursing assistants; certification |
9 | requirement.-- |
10 | (1) The board shall issue a certificate to practice as a |
11 | certified nursing assistant to any person who demonstrates a |
12 | minimum competency to read and write and successfully passes the |
13 | required background Level I or Level II screening in subsection |
14 | (8) pursuant to s. 400.215 and who meets one of the following |
15 | requirements: |
16 | (a) Has successfully completed an approved training |
17 | program and achieved a minimum score, established by rule of the |
18 | board, on the nursing assistant competency examination, which |
19 | consists of a written portion and skills-demonstration portion |
20 | approved by the board and administered at a site and by |
21 | personnel approved by the department. |
22 | (b) Has achieved a minimum score, established by rule of |
23 | the board, on the nursing assistant competency examination, |
24 | which consists of a written portion and skills-demonstration |
25 | portion, approved by the board and administered at a site and by |
26 | personnel 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 |
30 | that state's certified nursing assistant registry; and has not |
31 | been found to have committed abuse, neglect, or exploitation in |
32 | that state. |
33 | (d) Has completed the curriculum developed under the |
34 | Enterprise Florida Jobs and Education Partnership Grant and |
35 | achieved a minimum score, established by rule of the board, on |
36 | the nursing assistant competency examination, which consists of |
37 | a written portion and skills-demonstration portion, approved by |
38 | the board and administered at a site and by personnel approved |
39 | by the department. |
40 | (8) For purposes of this section, background screening |
41 | shall include: |
42 | (a) A determination whether the person seeking the |
43 | certificate has committed any act that would constitute grounds |
44 | for disciplinary sanctions as provided in s. 464.204(1); and |
45 | (b)1. For persons who have continuously resided in this |
46 | state for the 5 years immediately preceding the date of |
47 | screening, level 1 screening as set forth in chapter 435; or |
48 | 2. For persons who have not continuously resided in this |
49 | state for the 5 years immediately preceding the date of |
50 | screening, level 2 screening as set forth in chapter 435. |
51 | (9) Beginning January 1, 2005, the Department of Health |
52 | and the Agency for Health Care Administration shall, after |
53 | certification of an applicant, post the information relating to |
54 | background screening on the agency's background-screening |
55 | database, which shall be available only to employers and |
56 | prospective employers, who, as a condition of employment, are |
57 | required by law to conduct a background check for the employment |
58 | of certified nursing assistants. |
59 | Section 10. Subsection (4) of section 400.211, Florida |
60 | Statutes, is amended to read: |
61 | 400.211 Persons employed as nursing assistants; |
62 | certification requirement.-- |
63 | (4) When employed by a nursing home facility for a 12- |
64 | month period or longer, a nursing assistant, to maintain |
65 | certification, shall submit to a performance review every 12 |
66 | months and must receive regular inservice education based on the |
67 | outcome of such reviews. The inservice training must: |
68 | (a) Be sufficient to ensure the continuing competence of |
69 | nursing assistants, must be at least 18 hours per year, and may |
70 | include 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 |
73 | feeding; |
74 | 2. Principles of adequate nutrition and hydration; |
75 | 3. Techniques for assisting and responding to the |
76 | cognitively impaired resident or the resident with difficult |
77 | behaviors; |
78 | 4. Techniques for caring for the resident at the end-of- |
79 | life; and |
80 | 5. Recognizing changes that place a resident at risk for |
81 | pressure ulcers and falls; and |
82 | (c) Address areas of weakness as determined in nursing |
83 | assistant performance reviews and may address the special needs |
84 | of residents as determined by the nursing home facility staff. |
85 |
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86 | Costs associated with this training may not be reimbursed from |
87 | additional Medicaid funding through interim rate adjustments. |
88 | Section 11. Subsection (5) of section 400.215, Florida |
89 | Statutes, is amended to read: |
90 | 400.215 Personnel screening requirement.-- |
91 | (5) Any provision of law to the contrary notwithstanding, |
92 | persons who have been screened and qualified as required by this |
93 | section or s. 464.203, and who have not been unemployed for more |
94 | than 180 days thereafter, and who under penalty of perjury |
95 | attest to not having been convicted of a disqualifying offense |
96 | since the completion of such screening, shall not be required to |
97 | be rescreened. For purposes of this subsection, screened and |
98 | qualified under s. 464.203 means that the person subject to such |
99 | screening at the time of certification by the Board of Nursing |
100 | does not have any disqualifying offense under chapter 435 or has |
101 | received an exemption from any disqualification under chapter |
102 | 435 from the Board of Nursing. An employer may obtain, pursuant |
103 | to s. 435.10, written verification of qualifying screening |
104 | results from the previous employer or other entity which caused |
105 | such screening to be performed. |
106 |
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107 | ================ T I T L E A M E N D M E N T ============= |
108 | Remove line 43 and insert: |
109 | requirements and bed limitations; amending s. 464.203, F.S.; |
110 | providing screening methods for the issuance of certificates to |
111 | practice as a certified nursing assistant; providing criteria |
112 | for background screenings; requiring the Department of Heath and |
113 | the Agency for Health Care Administration to post certain |
114 | information on its background screening database; amending s. |
115 | 400.211, F.S.; requiring certain nursing assistants to submit to |
116 | a performance review every 12 months; correcting a cross |
117 | reference; amending s. 400.215, F.S.; providing a definition; |
118 | amending s. 651.118, |