HB 0331

CS

CHAMBER ACTION

1	The Committee on Health Care recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to certified nursing assistants; amending
7	s. 464.203, F.S.; revising requirements for background
8	screening of applicants for certification as nursing
9	assistants; providing for posting of information relating
10	to such background screenings on the Internet website of
11	the Agency for Health Care Administration; amending s.
12	400.211, F.S.; correcting a cross reference; amending s.
13	400.215, F.S.; revising a provision relating to exemption
14	from rescreening of personnel employed in nursing homes,
15	to conform; providing for an exemption from screening
16	disqualification; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Subsection (1) of section 464.203, Florida
21	Statutes, is amended, and subsections (8) and (9) are added to
22	said section, to read:
23	464.203  Certified nursing assistants; certification
24	requirement.--
25	(1)  The board shall issue a certificate to practice as a
26	certified nursing assistant to any person who demonstrates a
27	minimum competency to read and write, who and successfully
28	passes the required background screening pursuant to subsection
29	(8), Level I or Level II screening pursuant to s. 400.215 and
30	who meets one of the following 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)  For purposes of this section, background screening
56	includes:
57	(a)  For all persons, a screening for violation of any of
58	the grounds for disciplinary action specified in s. 464.204.
59	(b)  For persons who have maintained continuous residency
60	in the state for the 5 years immediately preceding the date of
61	screening, a Level I screening as provided in chapter 435.
62	(c)  For persons who have not maintained continuous
63	residency in the state for the 5 years immediately preceding the
64	date of screening, a Level II screening as provided in chapter
65	435.
66	(9)  Beginning January 1, 2005, the Department of Health
67	and the Agency for Health Care Administration shall, after
68	certification of an applicant, ensure that the information
69	related to the background screening of that applicant is posted
70	on the agency's Internet website in its background screening
71	database, which shall be available to employers and prospective
72	employers.
73	Section 2.  Subsection (4) of section 400.211, Florida
74	Statutes, is amended to read:
75	400.211  Persons employed as nursing assistants;
76	certification requirement.--
77	(4)  When employed by a nursing home facility for a 12-
78	month period or longer, a nursing assistant, to maintain
79	certification, shall submit to a performance review every 12
80	months and must receive regular inservice education based on the
81	outcome of such reviews. The inservice training must:
82	(a)  Be sufficient to ensure the continuing competence of
83	nursing assistants, must be at least 18 hours per year, and may
84	include hours accrued under s. 464.203(7).(8);
85	(b)  Include, at a minimum:
86	1.  Techniques for assisting with eating and proper
87	feeding.;
88	2.  Principles of adequate nutrition and hydration.;
89	3.  Techniques for assisting and responding to the
90	cognitively impaired resident or the resident with difficult
91	behaviors.;
92	4.  Techniques for caring for the resident at the end-of-
93	life.; and
94	5.  Recognizing changes that place a resident at risk for
95	pressure ulcers and falls.; and
96	(c)  Address areas of weakness as determined in nursing
97	assistant performance reviews and may address the special needs
98	of residents as determined by the nursing home facility staff.
99
100	Costs associated with this training may not be reimbursed from
101	additional Medicaid funding through interim rate adjustments.
102	Section 3.  Subsection (5) of section 400.215, Florida
103	Statutes, is amended to read:
104	400.215  Personnel screening requirement.--
105	(5)  Any provision of law to the contrary notwithstanding,
106	persons who have been screened and qualified as required by this
107	section or s. 464.203 and who have not been unemployed for more
108	than 180 days thereafter, and who under penalty of perjury
109	attest to not having been convicted of a disqualifying offense
110	since the completion of such screening, shall not be required to
111	be rescreened. For purposes of this subsection, screened and
112	qualified under s. 464.203 means that the person subject to such
113	screening at the time of certification by the Board of Nursing
114	does not have any disqualifying offense under chapter 435 or has
115	received an exemption from any disqualification under chapter
116	435 from the Board of Nursing. An employer may obtain, pursuant
117	to s. 435.10, written verification of qualifying screening
118	results from the previous employer or other entity which caused
119	such screening to be performed.
120	Section 4.  This act shall take effect upon becoming a law.

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