Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. CS for SB 1736 Barcode 503718 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Budget (Wise) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 3416 and 3417 4 insert: 5 Section 83. Subsections (3), (5), and (8) of section 6 429.52, Florida Statutes, are amended, present subsection (11) 7 of that section is redesignated as subsection (12), and a new 8 subsection (11) is added to that section, to read: 9 429.52 Staff training and educational programs; core 10 educational requirement.— 11 (3) Effective January 1, 2004, a new facility administrator 12 must complete the required training and education, including the 13 competency test, within a reasonable time after being employed 14 as an administrator, as determined by the department. Failure to 15 do so is a violation of this part and subjects the violator to 16 an administrative fine as prescribed in s. 429.19. 17 Administrators licensed in accordance with part II of chapter 18 468 are exempt from this requirement.Other licensed19professionals may be exempted, as determined by the department20by rule.21 (5) Staff involved with the management of medications and 22 assisting with the self-administration of medications under s. 23 429.256 must complete a minimum of 4 additional hours of 24 training provided by a registered nurse, licensed pharmacist, or 25 department staff, and must complete 2 hours of continuing 26 education training annually.The department shall establish by27rule the minimum requirements of this additional training.28 (8) The department shall adopt rules related to these 29 training requirements, the competency test, necessary 30 procedures, and competency test fees and shall adopt or contract 31 with another entity to develop a curriculum, which shall be used 32 as the minimum core training requirements. The department shall 33 consult with representatives ofstakeholderassociations and 34 organizations representing assisted living facilities and 35 agencies in the development of the curriculum. 36 (11) A trainer certified by the department must meet 37 continuing educational requirements and other standards as set 38 forth in rules adopted by the department. A trainer or trainee 39 may be sanctioned pursuant to s. 430.081 for failing to comply 40 with the standards set forth in the rules. 41 Between lines 3529 and 3530 42 insert: 43 Section 87. Section 430.081, Florida Statutes, is created to 44 read: 45 430.081 Sanctioning of trainers and trainees.— 46 (1) The Department of Elderly Affairs may sanction trainers 47 and trainees for infractions involving any required training 48 that the department has the authority to regulate under chapter 49 400, chapter 429, or chapter 430 in order to ensure that such 50 trainers and trainees satisfy specific qualification 51 requirements and adhere to training curricula that is approved 52 by the department. 53 (2) Training infractions include, but are not limited to, 54 falsification of training records, falsification of training 55 certificates, falsification of a trainer’s qualifications, 56 failure to adhere to the required number of training hours, 57 failure to use the required curriculum, failure to maintain the 58 continuing education for the trainer’s recertification, failure 59 to obtain reapproval of a curriculum when required, providing 60 false or inaccurate information, misrepresentation of the 61 required materials, and use of a false identification as a 62 trainer or trainee. 63 (3) Sanctions may be progressive in nature and may consist 64 of corrective action measures; suspension or termination from 65 participation as an approved trainer or trainee, including 66 sitting for any required examination; and administrative fines 67 not to exceed $1,000 per incident. One or more sanctions may be 68 levied per incident. 69 70 ================= T I T L E A M E N D M E N T ================ 71 And the title is amended as follows: 72 Delete lines 294 - 304 73 and insert: 74 care in an assisted living facility; amending s. 75 429.52, F.S.; revising provisions relating to staff 76 training and educational requirements; requiring that 77 a trainer who is certified by the department continue 78 to meet continuing education requirements; amending s. 79 429.53, F.S.; revising provisions relating to 80 consultation by the agency; revising a definition; 81 amending s. 429.54, F.S.; requiring licensed assisted 82 living facilities to electronically report certain 83 data semiannually to the agency in accordance with 84 rules adopted by the department; amending s. 429.71, 85 F.S.; revising schedule of inspection violations for 86 adult family-care homes; amending s. 429.915, F.S.; 87 revising agency responsibilities regarding the 88 issuance of conditional licenses; creating s. 430.081, 89 F.S.; authorizing the Department of Elderly Affairs to 90 sanction trainers and trainees for infractions 91 involving required training under ch. 400, ch. 429, or 92 ch. 430, F.S.; providing training infractions; 93 providing for sanctions; repealing s.