HB 0331 2004
1	A bill to be entitled
2	An act relating to certified nursing assistants; amending
3	s. 464.203, F.S.; revising the requirements for conducting
4	the criminal background screening required for
5	certification as a nursing assistant; providing for the
6	screening conducted for purposes of certification to be
7	used for purposes of employment under certain
8	circumstances; amending s. 400.211, F.S.; correcting a
9	cross reference; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Subsection (1) of section 464.203, Florida
14	Statutes, is amended, and subsection (8) is added to said
15	section, to read:
16	464.203 Certified nursing assistants; certification
17	requirement.--
18	(1) The board shall issue a certificate to practice as a
19	certified nursing assistant to any person who demonstrates a
20	minimum competency to read and write; who andsuccessfully
21	passes the required statewide criminal screening through the
22	Department of Law Enforcement, including the Level 1 screening
23	standards under chapter 435, or, if the applicant has not
24	maintained continuous residency in this state for 5 years
25	immediately preceding the date of application, the Level 2
26	screening standards, which include a fingerprint check through
27	the Department of Law Enforcement and the Federal Bureau of
28	Investigation under chapter 435; Level I or Level II screening
29	pursuant to s. 400.215 and whomeets one of the following
30	requirements:
31	(a) Has successfully completed an approved training
32	program and achieved a minimum score, established by rule of the
33	board, on the nursing assistant competency examination, which
34	consists of a written portion and skills-demonstration portion
35	approved by the board and administered at a site and by
36	personnel approved by the department.
37	(b) Has achieved a minimum score, established by rule of
38	the board, on the nursing assistant competency examination,
39	which consists of a written portion and skills-demonstration
40	portion, approved by the board and administered at a site and by
41	personnel approved by the department and:
42	1. Has a high school diploma, or its equivalent; or
43	2. Is at least 18 years of age.
44	(c) Is currently certified in another state; is listed on
45	that state's certified nursing assistant registry; and has not
46	been found to have committed abuse, neglect, or exploitation in
47	that state.
48	(d) Has completed the curriculum developed under the
49	Enterprise Florida Jobs and Education Partnership Grant and
50	achieved a minimum score, established by rule of the board, on
51	the nursing assistant competency examination, which consists of
52	a written portion and skills-demonstration portion, approved by
53	the board and administered at a site and by personnel approved
54	by the department.
55	(8) Notwithstanding any provision of law to the contrary,
56	an entity that is required to conduct a Level 1 or Level 2
57	screening pursuant to chapter 435 is exempt from rescreening a
58	certified nursing assistant upon employment if the screening
59	date on the certificate issued to the certified nursing
60	assistant by the board is within the preceding 90 days and,
61	under penalty of perjury, the certified nursing assistant
62	attests that he or she has not been convicted of a disqualifying
63	offense since completing the screening.
64	Section 2. Subsection (4) of section 400.211, Florida
65	Statutes, is amended to read:
66	400.211 Persons employed as nursing assistants;
67	certification requirement.--
68	(4) When employed by a nursing home facility for a 12-
69	month period or longer, a nursing assistant, to maintain
70	certification, shall submit to a performance review every 12
71	months and must receive regular inservice education based on the
72	outcome of such reviews. The inservice training must:
73	(a) Be sufficient to ensure the continuing competence of
74	nursing assistants, must be at least 18 hours per year, and may
75	include hours accrued under s. 464.203(7)(8);
76	(b) Include, at a minimum:
77	1. Techniques for assisting with eating and proper
78	feeding;
79	2. Principles of adequate nutrition and hydration;
80	3. Techniques for assisting and responding to the
81	cognitively impaired resident or the resident with difficult
82	behaviors;
83	4. Techniques for caring for the resident at the end-of-
84	life; and
85	5. Recognizing changes that place a resident at risk for
86	pressure ulcers and falls; and
87	(c) Address areas of weakness as determined in nursing
88	assistant performance reviews and may address the special needs
89	of residents as determined by the nursing home facility staff.
90
91	Costs associated with this training may not be reimbursed from
92	additional Medicaid funding through interim rate adjustments.
93	Section 3. This act shall take effect upon becoming a law.