Florida Senate - 2012                                    SB 2050
       
       
       
       By the Committee on Children, Families, and Elder Affairs
       
       
       
       
       586-02096B-12                                         20122050__
    1                        A bill to be entitled                      
    2         An act relating to assisted living facilities;
    3         amending s. 394.4574, F.S.; requiring that the case
    4         manager assigned to a mental health resident of an
    5         assisted living facility that holds a limited mental
    6         health license keep a record of the date and time of
    7         face-to-face interactions with the mental health
    8         resident and make the record available to the
    9         Department of Children and Family Services for
   10         inspection; requiring that the record be maintained
   11         for a specified number of years; requiring that the
   12         department ensure that there is adequate and
   13         consistent monitoring and enforcement of community
   14         living support plans and cooperative agreements;
   15         amending s. 400.0078, F.S.; requiring that, upon
   16         admission to a long-term care facility, a resident or
   17         his or her representative receive information
   18         regarding the confidentiality of any complainant’s
   19         identity and the subject matter of the complaint;
   20         amending s. 415.103, F.S.; requiring that the
   21         department maintain a central abuse hotline that
   22         receives all reports made regarding incidents of abuse
   23         or neglect which are recorded by an electronic
   24         monitoring device in a resident’s room of an assisted
   25         living facility; amending s. 415.1034, F.S.; requiring
   26         that certain employees or agents of any state or local
   27         agency report the abuse, neglect, or exploitation of a
   28         vulnerable adult to the central abuse hotline;
   29         amending s. 429.02, F.S.; defining the term “mental
   30         health professional” as it relates to the Assisted
   31         Living Facilities Act; amending s. 429.075, F.S.;
   32         requiring that an assisted living facility that serves
   33         any mental health resident obtain a limited mental
   34         health license; revising the training requirements for
   35         administrators and staff members of a facility that is
   36         licensed to provide services to mental health
   37         residents; amending ss. 429.176 and 429.178, F.S.;
   38         conforming cross-references; amending s. 429.28, F.S.;
   39         revising the bill of rights for residents of assisted
   40         living facilities with regard to notice of relocation
   41         or termination of residency and placement of an
   42         electronic monitoring device in the resident’s room;
   43         revising requirements for a written notice of the
   44         rights, obligations, and prohibitions which is
   45         provided to a resident of an assisted living facility;
   46         creating s. 429.281, F.S.; providing definitions;
   47         requiring that an assisted living facility comply with
   48         notice of relocation or termination of residency from
   49         the facility when a decision is made to relocate or
   50         terminate the residency of a resident; providing
   51         requirements and procedures for notice and a hearing
   52         with regard to relocation of a resident or termination
   53         of the residency of a resident; requiring that the
   54         Department of Children and Family Services adopt
   55         rules; providing for application; amending s. 429.52,
   56         F.S.; requiring that a newly hired employee or
   57         administrator of an assisted living facility attend a
   58         preservice orientation provided by the assisted living
   59         facility; providing topics that must be covered in the
   60         preservice orientation; requiring that the employee
   61         and administrator sign an affidavit upon completion of
   62         the preservice orientation; requiring that the
   63         administrator of the assisted living facility maintain
   64         the signed affidavit in each employee’s work file;
   65         deleting provisions regarding minimum training and
   66         core educational requirements for administrators and
   67         other staff; deleting provisions requiring the
   68         Department of Elderly Affairs to establish training
   69         requirements and a competency test by rule; deleting
   70         provisions governing the registration of persons
   71         providing training; creating s. 429.50, F.S.;
   72         effective July 1, 2013, prohibiting an assisted living
   73         facility from operating unless it is under the
   74         management of an administrator who holds a valid
   75         license or provisional license issued by the
   76         Department of Health; providing eligibility
   77         requirements to be licensed as an assisted living
   78         facility administrator; providing an exception from
   79         the requirement to complete the educational and core
   80         training requirements and pass a competency test;
   81         providing additional requirements for licensure as an
   82         administrator of an assisted living facility that has
   83         a mental health license; providing that an
   84         administrator licensed under part II of ch. 468, F.S.,
   85         is exempt from certain educational and core training
   86         requirements and the required competency test;
   87         providing additional licensure requirements for an
   88         administrator licensed under part II of ch. 468, F.S.,
   89         who is employed at an assisted living facility that
   90         has a mental health license; providing that other
   91         licensed professionals may be exempted, as determined
   92         by rule by the Department of Health; requiring that
   93         the Department of Health issue a license to an
   94         applicant who successfully completes the training,
   95         passes the competency tests, and provides proof of the
   96         required education; requiring that the Department of
   97         Health establish licensure fees for licensure as an
   98         assisted living facility administrator; authorizing
   99         the Department of Health to adopt rules; creating s.
  100         429.512, F.S.; authorizing the Department of Health to
  101         establish requirements for issuing a provisional
  102         license; providing the conditions under which a
  103         provisional license is issued; authorizing the
  104         Department of Health to set an application fee;
  105         providing conditions under which an administrator’s
  106         license becomes inactive; requiring that the
  107         Department or Health adopt rules governing application
  108         procedures for inactive licenses, the renewal of
  109         inactive licenses, and the reactivation of licenses;
  110         requiring that the Department of Health establish
  111         application fees for inactive license status, a
  112         renewal fee for inactive license status, a delinquency
  113         fee, and a fee for the reactivation of a license;
  114         prohibiting the Department of Health from reactivating
  115         a license unless the licensee pays the required fees;
  116         creating s. 429.521, F.S.; requiring that each
  117         administrator, applicant to become an assisted living
  118         facility administrator, and staff member of an
  119         assisted living facility meet minimum training
  120         requirements established by the Department of Elderly
  121         Affairs; requiring that the department, in conjunction
  122         with the Department of Children and Family Services
  123         and stakeholders, establish a standardized core
  124         training curriculum to be completed by an applicant
  125         for licensure as an assisted living facility
  126         administrator; providing minimum requirements for the
  127         training curriculum; requiring that the Department of
  128         Elderly Affairs, in conjunction with the Department of
  129         Children and Family Services and stakeholders, develop
  130         a supplemental course consisting of topics related to
  131         extended congregate care, limited mental health, and
  132         business operations; requiring that the Department of
  133         Elderly Affairs, in conjunction with the Department of
  134         Children and Family Services and stakeholders,
  135         establish a standardized core training curriculum for
  136         staff members who provide regular or direct care to
  137         residents of an assisted living facility; providing
  138         requirements for the training curriculum; requiring
  139         that the Department of Elderly Affairs, in conjunction
  140         with the Agency for Health Care Administration and
  141         stakeholders, create competency tests to test an
  142         individual’s comprehension of the training; providing
  143         requirements for the competency tests; requiring that
  144         the Department of Elderly Affairs, in conjunction with
  145         the Department of Children and Family Services,
  146         develop a comprehensive, standardized training
  147         curriculum and competency test to satisfy the
  148         requirements for mental health training; requiring
  149         that the Department of Elderly Affairs, in conjunction
  150         with the Department of Children and Family Services
  151         and stakeholders, establish curricula for continuing
  152         education for administrators and staff members of an
  153         assisted living facility; providing minimum
  154         requirements for the required continuing education;
  155         requiring that the Department of Elderly Affairs
  156         ensure that all continuing education curricula include
  157         a test upon completion of the training which
  158         demonstrates comprehension of the training; requiring
  159         the Department of Elderly Affairs to adopt rules;
  160         requiring that an applicant for licensure as an
  161         assisted living facility administrator complete a
  162         minimum number of hours of training and take a
  163         competency test; providing a minimum passing score for
  164         the competency test; providing requirements for an
  165         applicant who fails the competency test; requiring
  166         that a licensed administrator receive inservice
  167         training regarding the facility’s policies and
  168         procedures related to resident elopement response;
  169         requiring that a licensed administrator of an assisted
  170         living facility that has a limited mental health
  171         license complete a minimum number of hours of mental
  172         health training and pass a competency test related to
  173         the training; requiring that a licensed administrator
  174         of an assisted living facility that has an extended
  175         congregate care license complete a minimum number of
  176         hours of extended congregate care training; requiring
  177         that a licensed administrator of an assisted living
  178         facility that has a limited nursing services license
  179         complete a minimum number of hours of training related
  180         to the special needs and care of those persons who
  181         require limited nursing services; requiring that a
  182         licensed administrator participate in continuing
  183         education for a minimum number of contact hours and
  184         pass the corresponding test upon completion of the
  185         continuing education course; requiring that a staff
  186         member of an assisted living facility receive
  187         inservice training regarding the facility’s policies
  188         and procedures related to resident elopement response;
  189         requiring that certain staff members of an assisted
  190         living facility complete a minimum number of hours of
  191         core training; providing for exemptions; requiring
  192         that certain staff members of an assisted living
  193         facility take a competency test that assesses the
  194         staff member’s knowledge and comprehension of the
  195         required core training; providing a minimum passing
  196         score for the competency test; providing requirements
  197         for a staff member who fails the competency test;
  198         requiring that a staff member who provides regular or
  199         direct care to residents of an assisted living
  200         facility that has a limited mental health license
  201         complete a minimum number of hours of mental health
  202         training and take a competency test; providing a
  203         minimum passing score; prohibiting a staff member from
  204         providing direct care to residents until the staff
  205         member passes the competency test; requiring that a
  206         staff member of an assisted living facility who
  207         prepares or serves food receive inservice training in
  208         safe food handling practices; requiring that a staff
  209         member of an assisted living facility who manages
  210         medications and assists with the self-administration
  211         of medications complete training provided by a
  212         registered nurse, licensed pharmacist, or department
  213         staff; requiring that the Department of Elderly
  214         Affairs establish requirements for the training;
  215         requiring that other staff members of an assisted
  216         living facility participate in training relevant to
  217         their job duties as specified by rule of the
  218         department; authorizing the Department of Elderly
  219         Affairs or the Agency for Health Care Administration
  220         to provide additional training if necessary; requiring
  221         that staff members who provide regular or direct care
  222         to residents of an assisted living facility
  223         participate in continuing education and pass the
  224         corresponding test upon completion of the continuing
  225         education course; prohibiting a staff member from
  226         providing regular or direct care to residents under
  227         certain conditions; creating s. 429.522, F.S.;
  228         providing definitions; requiring that the Department
  229         of Elderly Affairs approve and provide oversight for
  230         third-party credentialing entities for the purpose of
  231         developing and administering core trainer
  232         certification programs for persons providing training
  233         to applicants for licensure as an assisted living
  234         facility administrator and as a staff member of an
  235         assisted living facility; requiring that a third-party
  236         credentialing entity meet certain requirements in
  237         order to obtain approval for developing and
  238         administering the core trainer certification programs;
  239         requiring that an individual seeking core trainer
  240         certification provide a third-party credentialing
  241         entity with proof of certain requirements; requiring
  242         that the Department of Elderly Affairs adopt rules;
  243         creating s. 429.55, F.S.; providing definitions;
  244         defining when an electronic monitoring device that is
  245         placed in the room of a resident of an assisted living
  246         facility is considered to be covert; providing that
  247         the Agency for Health Care Administration and the
  248         facility are not civilly liable in connection with the
  249         covert placement or use of an electronic monitoring
  250         device in the room of the resident; requiring that the
  251         agency prescribe by rule a form that must be completed
  252         and signed when a resident is admitted to a facility;
  253         providing requirements for the form; authorizing
  254         certain persons to request electronic monitoring;
  255         providing for the form prescribed by the agency to
  256         require that the resident release the facility from
  257         any civil liability for a violation of the resident’s
  258         privacy rights in connection with the use of the
  259         electronic monitoring device, choose whether the
  260         camera will be unobstructed, and obtain the consent of
  261         the other residents in the room if the resident
  262         resides in a multiperson room; requiring prior consent
  263         under certain circumstances; requiring that the agency
  264         adopt rules; requiring that the facility allow a
  265         resident or the resident’s guardian or legal
  266         representative to monitor the room of the resident
  267         through the use of electronic monitoring devices;
  268         requiring that the facility require a resident who
  269         conducts authorized electronic monitoring to post a
  270         conspicuous notice at the entrance of the resident’s
  271         room; providing that electronic monitoring of the room
  272         of a resident is not compulsory; prohibiting a
  273         facility from refusing to admit an individual to
  274         residency in the facility or from removing a resident
  275         from the facility because of a request to conduct
  276         authorized electronic monitoring; requiring that a
  277         facility make reasonable physical accommodations for
  278         authorized electronic monitoring; authorizing a
  279         facility to require that an electronic monitoring
  280         device be installed in a manner that is safe;
  281         authorizing a facility to require that a resident
  282         conduct electronic monitoring in plain view;
  283         authorizing a facility to place a resident in a
  284         different room in order to accommodate a request to
  285         conduct authorized electronic monitoring; requiring
  286         that a person report abuse or neglect to the central
  287         abuse hotline of the Department of Children and Family
  288         Services based on the person’s viewing of or listening
  289         to a tape or recording; providing requirements for
  290         reporting the abuse or neglect; providing that a tape
  291         or recording created through the use of covert or
  292         authorized electronic monitoring may be admitted into
  293         evidence in a civil or criminal court action or
  294         administrative proceeding; providing requirements for
  295         such admission; requiring that each facility post a
  296         notice at the entrance to the facility stating that
  297         the rooms of some residents are monitored
  298         electronically by or on behalf of the residents;
  299         authorizing the Agency for Health Care Administration
  300         to impose administrative sanctions against an
  301         administrator of an assisted living facility under
  302         certain circumstances; requiring the agency to adopt
  303         rules; providing an effective date.
  304  
  305  Be It Enacted by the Legislature of the State of Florida:
  306  
  307         Section 1. Subsection (2) of section 394.4574, Florida
  308  Statutes, is amended to read:
  309         394.4574 Department responsibilities for a mental health
  310  resident who resides in an assisted living facility that holds a
  311  limited mental health license.—
  312         (2) The department must ensure that:
  313         (a) A mental health resident has been assessed by a
  314  psychiatrist, clinical psychologist, clinical social worker, or
  315  psychiatric nurse, or an individual who is supervised by one of
  316  these professionals, and determined to be appropriate to reside
  317  in an assisted living facility. The documentation must be
  318  provided to the administrator of the facility within 30 days
  319  after the mental health resident has been admitted to the
  320  facility. An evaluation completed upon discharge from a state
  321  mental hospital meets the requirements of this subsection
  322  related to appropriateness for placement as a mental health
  323  resident if it was completed within 90 days prior to admission
  324  to the facility.
  325         (b) A cooperative agreement, as required in s. 429.075, is
  326  developed between the mental health care services provider that
  327  serves a mental health resident and the administrator of the
  328  assisted living facility with a limited mental health license in
  329  which the mental health resident is living. Any entity that
  330  provides Medicaid prepaid health plan services shall ensure the
  331  appropriate coordination of health care services with an
  332  assisted living facility in cases where a Medicaid recipient is
  333  both a member of the entity’s prepaid health plan and a resident
  334  of the assisted living facility. If the entity is at risk for
  335  Medicaid targeted case management and behavioral health
  336  services, the entity shall inform the assisted living facility
  337  of the procedures to follow should an emergent condition arise.
  338         (c) The community living support plan, as defined in s.
  339  429.02, has been prepared by a mental health resident and a
  340  mental health case manager of that resident in consultation with
  341  the administrator of the facility or the administrator’s
  342  designee. The plan must be provided to the administrator of the
  343  assisted living facility with a limited mental health license in
  344  which the mental health resident lives. The support plan and the
  345  agreement may be in one document.
  346         (d) The assisted living facility with a limited mental
  347  health license is provided with documentation that the
  348  individual meets the definition of a mental health resident.
  349         (e) The mental health services provider assigns a case
  350  manager to each mental health resident who lives in an assisted
  351  living facility with a limited mental health license. The case
  352  manager is responsible for coordinating the development of and
  353  implementation of the community living support plan defined in
  354  s. 429.02. The plan must be updated at least annually in order
  355  to ensure that the ongoing needs of the resident are addressed.
  356  Each case manager shall keep a record of the date and time of
  357  any face-to-face interaction with a mental health resident and
  358  make the record available to the department for inspection. The
  359  record must be maintained for 2 years following the date of the
  360  interaction.
  361         (f) There is adequate and consistent monitoring and
  362  enforcement of community living support plans and cooperative
  363  agreements.
  364         Section 2. Subsection (2) of section 400.0078, Florida
  365  Statutes, is amended to read:
  366         400.0078 Citizen access to State Long-Term Care Ombudsman
  367  Program services.—
  368         (2) Every resident or representative of a resident shall
  369  receive, upon admission to a long-term care facility,
  370  information regarding the purpose of the State Long-Term Care
  371  Ombudsman Program, the statewide toll-free telephone number for
  372  receiving complaints, the confidentiality of a complainant’s
  373  name and identity and of the subject matter of a complaint, and
  374  other relevant information regarding how to contact the program.
  375  Residents or their representatives must be furnished additional
  376  copies of this information upon request.
  377         Section 3. Subsection (1) of section 415.103, Florida
  378  Statutes, is amended to read:
  379         415.103 Central abuse hotline.—
  380         (1) The department shall establish and maintain a central
  381  abuse hotline that receives all reports made pursuant to s.
  382  415.1034 or s. 429.55 in writing or through a single statewide
  383  toll-free telephone number. Any person may use the statewide
  384  toll-free telephone number to report known or suspected abuse,
  385  neglect, or exploitation of a vulnerable adult at any hour of
  386  the day or night, any day of the week. The central abuse hotline
  387  must be operated in such a manner as to enable the department
  388  to:
  389         (a) Accept reports for investigation when there is a
  390  reasonable cause to suspect that a vulnerable adult has been or
  391  is being abused, neglected, or exploited.
  392         (b) Determine whether the allegations made by the reporter
  393  require an immediate, 24-hour, or next-working-day response
  394  priority.
  395         (c) When appropriate, refer calls that do not allege the
  396  abuse, neglect, or exploitation of a vulnerable adult to other
  397  organizations that might better resolve the reporter’s concerns.
  398         (d) Immediately identify and locate prior reports of abuse,
  399  neglect, or exploitation through the central abuse hotline.
  400         (e) Track critical steps in the investigative process to
  401  ensure compliance with all requirements for all reports.
  402         (f) Maintain data to facilitate the production of aggregate
  403  statistical reports for monitoring patterns of abuse, neglect,
  404  or exploitation.
  405         (g) Serve as a resource for the evaluation, management, and
  406  planning of preventive and remedial services for vulnerable
  407  adults who have been subject to abuse, neglect, or exploitation.
  408         Section 4. Paragraph (a) of subsection (1) of section
  409  415.1034, Florida Statutes, is amended to read:
  410         415.1034 Mandatory reporting of abuse, neglect, or
  411  exploitation of vulnerable adults; mandatory reports of death.—
  412         (1) MANDATORY REPORTING.—
  413         (a) Any person, including, but not limited to, any:
  414         1. Physician, osteopathic physician, medical examiner,
  415  chiropractic physician, nurse, paramedic, emergency medical
  416  technician, or hospital personnel engaged in the admission,
  417  examination, care, or treatment of vulnerable adults;
  418         2. Health professional or mental health professional other
  419  than one listed in subparagraph 1.;
  420         3. Practitioner who relies solely on spiritual means for
  421  healing;
  422         4. Nursing home staff; assisted living facility staff;
  423  adult day care center staff; adult family-care home staff;
  424  social worker; or other professional adult care, residential, or
  425  institutional staff;
  426         5. State, county, or municipal criminal justice employee or
  427  law enforcement officer;
  428         6. An employee of the Department of Business and
  429  Professional Regulation conducting inspections of public lodging
  430  establishments under s. 509.032;
  431         7. Florida advocacy council member or long-term care
  432  ombudsman council member; or
  433         8. Bank, savings and loan, or credit union officer,
  434  trustee, or employee; or
  435         9. Employee or agent of any state or local agency that has
  436  regulatory responsibilities concerning, or provides services to,
  437  persons in state-licensed facilities,
  438  
  439  who knows, or has reasonable cause to suspect, that a vulnerable
  440  adult has been or is being abused, neglected, or exploited shall
  441  immediately report such knowledge or suspicion to the central
  442  abuse hotline.
  443         Section 5. Present subsections (15) through (26) of section
  444  429.02, Florida Statutes, are renumbered as subsections (16)
  445  through (27), respectively, and a new subsection (15) is added
  446  to that section, to read:
  447         429.02 Definitions.—When used in this part, the term:
  448         (15) “Mental health professional” means an individual
  449  licensed under chapter 458, chapter 459, chapter 464, chapter
  450  490, or chapter 491 who provides mental health services as
  451  defined under s. 394.67, or an individual who has a 4-year
  452  baccalaureate degree from an accredited college or university
  453  and at least 5 years of experience providing services that
  454  improve an individual’s mental health or treat mental illness.
  455         Section 6. Section 429.075, Florida Statutes, is amended to
  456  read:
  457         429.075 Limited mental health license.—An assisted living
  458  facility that serves any three or more mental health resident
  459  residents must obtain a limited mental health license.
  460         (1) To obtain a limited mental health license, a facility
  461  must hold a standard license as an assisted living facility and,
  462  must not have any current uncorrected deficiencies or
  463  violations. The, and must ensure that, within 6 months after
  464  receiving a limited mental health license, the facility
  465  administrator and the staff of the facility who are in direct
  466  contact with mental health residents must complete training of
  467  no less than 6 hours related to their duties. Such designation
  468  may be made at the time of initial licensure or relicensure or
  469  upon request in writing by a licensee under this part and part
  470  II of chapter 408. Notification of approval or denial of such
  471  request shall be made in accordance with this part, part II of
  472  chapter 408, and applicable rules. This training will be
  473  provided by or approved by the Department of Children and Family
  474  Services.
  475         (2) A facility Facilities licensed to provide services to
  476  mental health residents shall provide appropriate supervision
  477  and staffing to provide for the health, safety, and welfare of
  478  such residents. Each administrator and staff member, who
  479  provides regular or direct care to residents, of a facility
  480  licensed to provide services to mental health residents must
  481  meet the limited mental health training requirements set forth
  482  in s. 429.521 in addition to any other training or education
  483  requirements.
  484         (3) A facility that has a limited mental health license
  485  must:
  486         (a) Have a copy of each mental health resident’s community
  487  living support plan and the cooperative agreement with the
  488  mental health care services provider. The support plan and the
  489  agreement may be combined.
  490         (b) Have documentation that is provided by the Department
  491  of Children and Family Services that each mental health resident
  492  has been assessed and determined to be able to live in the
  493  community in an assisted living facility with a limited mental
  494  health license.
  495         (c) Make the community living support plan available for
  496  inspection by the resident, the resident’s legal guardian, the
  497  resident’s health care surrogate, and other individuals who have
  498  a lawful basis for reviewing this document.
  499         (d) Assist the mental health resident in carrying out the
  500  activities identified in the individual’s community living
  501  support plan.
  502         (4) A facility with a limited mental health license may
  503  enter into a cooperative agreement with a private mental health
  504  provider. For purposes of the limited mental health license, the
  505  private mental health provider may act as the case manager.
  506         Section 7. Section 429.176, Florida Statutes, is amended to
  507  read:
  508         429.176 Notice of change of administrator.—If, during the
  509  period for which a license is issued, the owner changes
  510  administrators, the owner must notify the agency of the change
  511  within 10 days and provide documentation within 90 days that the
  512  new administrator is licensed under s. 429.50 and has completed
  513  the applicable core training educational requirements under s.
  514  429.521(2) s. 429.52.
  515         Section 8. Subsection (2) of section 429.178, Florida
  516  Statutes, is amended to read:
  517         429.178 Special care for persons with Alzheimer’s disease
  518  or other related disorders.—
  519         (2)(a) An individual who is employed by a facility that
  520  provides special care for residents with Alzheimer’s disease or
  521  other related disorders, and who has regular contact with such
  522  residents, must complete up to 4 hours of initial dementia
  523  specific training developed or approved by the department. The
  524  training shall be completed within 3 months after beginning
  525  employment and shall satisfy the core training requirements of
  526  s. 429.521(3) s. 429.52(2)(g).
  527         (b) A direct caregiver who is employed by a facility that
  528  provides special care for residents with Alzheimer’s disease or
  529  other related disorders, and who provides direct care to such
  530  residents, must complete the required initial training and 4
  531  additional hours of training developed or approved by the
  532  department. The training shall be completed within 9 months
  533  after beginning employment and shall satisfy the core training
  534  requirements of s. 429.521(3) s. 429.52(2)(g).
  535         (c) An individual who is employed by a facility that
  536  provides special care for residents with Alzheimer’s disease or
  537  other related disorders, but who only has incidental contact
  538  with such residents, must be given, at a minimum, general
  539  information on interacting with individuals with Alzheimer’s
  540  disease or other related disorders, within 3 months after
  541  beginning employment.
  542         Section 9. Subsections (1) and (2) of section 429.28,
  543  Florida Statutes, are amended to read:
  544         429.28 Resident bill of rights.—
  545         (1) A No resident of a facility may not shall be deprived
  546  of any civil or legal rights, benefits, or privileges guaranteed
  547  by law, the Constitution of the State of Florida, or the
  548  Constitution of the United States as a resident of a facility.
  549  Every resident of a facility shall have the right to:
  550         (a) Live in a safe and decent living environment, free from
  551  abuse and neglect.
  552         (b) Be treated with consideration and respect and with due
  553  recognition of personal dignity, individuality, and the need for
  554  privacy.
  555         (c) Retain and use his or her own clothes and other
  556  personal property in his or her immediate living quarters, so as
  557  to maintain individuality and personal dignity, except when the
  558  facility can demonstrate that such would be unsafe, impractical,
  559  or an infringement upon the rights of other residents.
  560         (d) Unrestricted private communication, including receiving
  561  and sending unopened correspondence, access to a telephone, and
  562  visiting with any person of his or her choice, at any time
  563  between the hours of 9 a.m. and 9 p.m. at a minimum. Upon
  564  request, the facility shall make provisions to extend visiting
  565  hours for caregivers and out-of-town guests, and in other
  566  similar situations.
  567         (e) Freedom to participate in and benefit from community
  568  services and activities and to achieve the highest possible
  569  level of independence, autonomy, and interaction within the
  570  community.
  571         (f) Manage his or her financial affairs unless the resident
  572  or, if applicable, the resident’s representative, designee,
  573  surrogate, guardian, or attorney in fact authorizes the
  574  administrator of the facility to provide safekeeping for funds
  575  as provided in s. 429.27.
  576         (g) Share a room with his or her spouse if both are
  577  residents of the facility.
  578         (h) Reasonable opportunity for regular exercise several
  579  times a week and to be outdoors at regular and frequent
  580  intervals except when prevented by inclement weather.
  581         (i) Exercise civil and religious liberties, including the
  582  right to independent personal decisions. No religious beliefs or
  583  practices, nor any attendance at religious services, shall be
  584  imposed upon any resident.
  585         (j) Access to adequate and appropriate health care
  586  consistent with established and recognized standards within the
  587  community.
  588         (k) At least 30 45 days’ notice of relocation or
  589  termination of residency from the facility unless, for medical
  590  reasons, the resident is certified by a physician to require an
  591  emergency relocation to a facility providing a more skilled
  592  level of care or the resident engages in a pattern of conduct
  593  that is harmful or offensive to other residents. In the case of
  594  a resident who has been adjudicated mentally incapacitated, the
  595  guardian shall be given at least 30 45 days’ notice of a
  596  nonemergency relocation or residency termination. Reasons for
  597  relocation shall be set forth in writing. A resident or the
  598  resident’s legal guardian or representative may challenge the
  599  notice of relocation or termination of residency from the
  600  facility pursuant to s. 429.281. In order for a facility to
  601  terminate the residency of an individual without notice as
  602  provided herein, the facility shall show good cause in a court
  603  of competent jurisdiction.
  604         (l) Present grievances and recommend changes in policies,
  605  procedures, and services to the staff of the facility, governing
  606  officials, or any other person without restraint, interference,
  607  coercion, discrimination, or reprisal. Each facility shall
  608  establish a grievance procedure to facilitate the residents’
  609  exercise of this right. This right includes access to ombudsman
  610  volunteers and advocates and the right to be a member of, to be
  611  active in, and to associate with advocacy or special interest
  612  groups.
  613         (m) Place in the resident’s room an electronic monitoring
  614  device that is owned and operated by the resident or provided by
  615  the resident’s guardian or legal representative pursuant to s.
  616  429.55.
  617         (2) The administrator of a facility shall ensure that a
  618  written notice of the rights, obligations, and prohibitions set
  619  forth in this part is posted in a prominent place in each
  620  facility and read or explained to residents who cannot read.
  621  This notice shall include the name, address, and telephone
  622  numbers of the local ombudsman council and central abuse hotline
  623  and, when applicable, the Advocacy Center for Persons with
  624  Disabilities, Inc., and the Florida local advocacy council,
  625  where complaints may be lodged. The notice must state that the
  626  names or identities of the complainants, or residents involved
  627  in a complaint, and the subject matter of a complaint made to
  628  the Office of State Long-Term Care Ombudsman or a local long
  629  term care ombudsman council are confidential pursuant to s.
  630  400.0077. The facility must ensure a resident’s access to a
  631  telephone to call the local ombudsman council, central abuse
  632  hotline, Advocacy Center for Persons with Disabilities, Inc.,
  633  and the Florida local advocacy council.
  634         Section 10. Section 429.281, Florida Statutes, is created
  635  to read:
  636         429.281Resident relocation or termination of residency;
  637  requirements and procedures; hearings.—
  638         (1) As used in this section, the term:
  639         (a) “Relocation” means to move a resident from the facility
  640  to another facility that is responsible for the resident’s care.
  641         (b) “Termination of residency” means to release a resident
  642  from the facility and the releasing facility ceases to be
  643  responsible for the resident’s care.
  644         (2) Each facility licensed under this part must comply with
  645  s. 429.28(1)(k) when a decision is made to relocate or terminate
  646  the residency of a resident.
  647         (3) At least 30 days before a proposed relocation or
  648  termination of residency, the facility must provide advance
  649  notice of the proposed relocation or termination of residency to
  650  the resident and, if known, to a family member or the resident’s
  651  legal guardian or representative. However, in the following
  652  circumstances the facility shall give notice as soon as is
  653  practicable before the relocation or termination of residency:
  654         (a) The relocation or termination of residency is necessary
  655  for the resident’s welfare or because the resident’s needs
  656  cannot be met in the facility, and the circumstances are
  657  documented in the resident’s record; or
  658         (b) The health or safety of other residents or employees of
  659  the facility would be endangered, and the circumstances are
  660  documented in the resident’s record.
  661         (4) The notice required by subsection (3) must be in
  662  writing and contain all information required by rule. The agency
  663  shall develop a standard document to be used by all facilities
  664  licensed under this part for purposes of notifying residents of
  665  a relocation or termination of residency. This document must
  666  include information on how a resident may request the local
  667  long-term care ombudsman council to review the notice and
  668  request information about or assistance with initiating a
  669  hearing with the Office of Appeals Hearings of the Department of
  670  Children and Family Services to challenge the relocation or
  671  termination of residency. In addition to any other pertinent
  672  information, the form must require the facility to specify the
  673  reason that the resident is being relocated or the residency is
  674  being terminated, along with an explanation to support this
  675  action. In addition, the form must require the facility to state
  676  the effective date of the relocation or termination of residency
  677  and the location to which the resident is being relocated, if
  678  known. The form must clearly describe the resident’s challenge
  679  rights and the procedures for filing a challenge. A copy of the
  680  notice must be given to the resident, the resident’s legal
  681  guardian or representative, if applicable, and the local long
  682  term care ombudsman council within 5 business days after
  683  signature by the resident or the resident’s legal guardian or
  684  representative, and a copy must be placed in the resident’s
  685  file.
  686         (5) A resident is entitled to a hearing to challenge a
  687  facility’s proposed relocation or termination of residency. A
  688  resident may request that the local long-term care ombudsman
  689  council review any notice of relocation or termination of
  690  residency given to the resident. If requested, the local long
  691  term care ombudsman council shall assist the resident, or the
  692  resident’s legal guardian or representative, with filing a
  693  challenge to the proposed relocation or termination of
  694  residency. The resident, or the resident’s legal guardian or
  695  representative, may request a hearing at any time within 10 days
  696  after the resident’s receipt of the facility’s notice of the
  697  proposed relocation or termination of residency. If a resident,
  698  or the resident’s legal guardian or representative, requests a
  699  hearing, the request shall stay the proposed relocation or
  700  termination of residency pending a decision from the hearing
  701  officer. The facility may not impede the resident’s right to
  702  remain in the facility, and the resident may remain in the
  703  facility until the outcome of the initial hearing, which must be
  704  completed within 15 days after receipt of a request for a
  705  hearing, unless both the facility and the resident, or the
  706  resident’s legal guardian or representative, agree to extend the
  707  deadline for the decision.
  708         (6) Notwithstanding subsection (5), an emergency relocation
  709  or termination of residency may be implemented as necessary
  710  pursuant to state or federal law during the period after the
  711  notice is given and before the time in which the hearing officer
  712  renders a decision. Notice of an emergency relocation or
  713  termination of residency must be made by telephone or in person
  714  and given to the resident, the resident’s legal guardian or
  715  representative, and the local long-term care ombudsman council,
  716  if requested. This notice must be given before the relocation,
  717  if possible, or as soon thereafter as practical. The resident’s
  718  file must contain documentation to show who was contacted,
  719  whether the contact was by telephone or in person, and the date
  720  and time of the contact. Written notice that meets the
  721  requirements of subsection (4) must be given the next business
  722  day.
  723         (7) The following persons must be present at each hearing
  724  authorized under this section:
  725         (a) The resident or the resident’s legal guardian or
  726  representative.
  727         (b) The facility administrator or the facility’s legal
  728  representative or designee.
  729  
  730  A representative of the local long-term care ombudsman council
  731  may be present at each hearing authorized by this section.
  732         (8)(a) The Office of Appeals Hearings of the Department of
  733  Children and Family Services shall conduct hearings under this
  734  section. The office shall notify the facility of a resident’s
  735  request for a hearing.
  736         (b) The Department of Children and Family Services shall
  737  establish procedures by rule which shall be used for hearings
  738  requested by residents. The burden of proof is by the
  739  preponderance of the evidence. A hearing officer shall render a
  740  decision within 15 days after receipt of the request for a
  741  hearing, unless the facility and the resident, or the resident’s
  742  legal guardian or representative, agree to extend the deadline
  743  for a decision.
  744         (c) If the hearing officer’s decision is favorable to a
  745  resident who has already been relocated or whose residency has
  746  been terminated, the resident must be readmitted to the facility
  747  as soon as a bed is available.
  748         (d) The decision of the hearing officer is final. Any
  749  aggrieved party may appeal the decision to the district court of
  750  appeal in the appellate district where the facility is located.
  751  Review procedures shall be conducted in accordance with the
  752  Florida Rules of Appellate Procedure.
  753         (9) The Department of Children and Family Services may
  754  adopt rules as necessary to administer this section.
  755         (10) This section applies to relocations or terminations of
  756  residency that are initiated by the assisted living facility,
  757  and does not apply to those initiated by the resident or by the
  758  resident’s physician, legal guardian, or representative.
  759         Section 11. Section 429.52, Florida Statutes, is amended to
  760  read:
  761         429.52 Preservice orientation Staff training and
  762  educational programs; core educational requirement.—
  763         (1) Each employee and administrator of an assisted living
  764  facility who is newly hired on or after July 1, 2012, shall
  765  attend a preservice orientation provided by the assisted living
  766  facility which covers topics that enable an employee to relate
  767  and respond to the population of that facility. The orientation
  768  must be at least 2 hours in duration and, at a minimum, cover
  769  the following topics:
  770         (a) Care of persons who have Alzheimer’s disease or other
  771  related disorders;
  772         (b) Deescalation techniques;
  773         (c) Aggression control;
  774         (d) Elopement prevention; and
  775         (e) Behavior management.
  776         (2) Upon completion of the preservice orientation, the
  777  employee and administrator shall sign an affidavit, under
  778  penalty of perjury, stating that he or she has completed the
  779  preservice orientation. The administrator of the assisted living
  780  facility shall maintain the signed affidavit in each employee’s
  781  work file.
  782         (1) Administrators and other assisted living facility staff
  783  must meet minimum training and education requirements
  784  established by the Department of Elderly Affairs by rule. This
  785  training and education is intended to assist facilities to
  786  appropriately respond to the needs of residents, to maintain
  787  resident care and facility standards, and to meet licensure
  788  requirements.
  789         (2) The department shall establish a competency test and a
  790  minimum required score to indicate successful completion of the
  791  training and educational requirements. The competency test must
  792  be developed by the department in conjunction with the agency
  793  and providers. The required training and education must cover at
  794  least the following topics:
  795         (a) State law and rules relating to assisted living
  796  facilities.
  797         (b) Resident rights and identifying and reporting abuse,
  798  neglect, and exploitation.
  799         (c) Special needs of elderly persons, persons with mental
  800  illness, and persons with developmental disabilities and how to
  801  meet those needs.
  802         (d) Nutrition and food service, including acceptable
  803  sanitation practices for preparing, storing, and serving food.
  804         (e) Medication management, recordkeeping, and proper
  805  techniques for assisting residents with self-administered
  806  medication.
  807         (f) Firesafety requirements, including fire evacuation
  808  drill procedures and other emergency procedures.
  809         (g) Care of persons with Alzheimer’s disease and related
  810  disorders.
  811         (3) Effective January 1, 2004, a new facility administrator
  812  must complete the required training and education, including the
  813  competency test, within a reasonable time after being employed
  814  as an administrator, as determined by the department. Failure to
  815  do so is a violation of this part and subjects the violator to
  816  an administrative fine as prescribed in s. 429.19.
  817  Administrators licensed in accordance with part II of chapter
  818  468 are exempt from this requirement. Other licensed
  819  professionals may be exempted, as determined by the department
  820  by rule.
  821         (4) Administrators are required to participate in
  822  continuing education for a minimum of 12 contact hours every 2
  823  years.
  824         (5) Staff involved with the management of medications and
  825  assisting with the self-administration of medications under s.
  826  429.256 must complete a minimum of 4 additional hours of
  827  training provided by a registered nurse, licensed pharmacist, or
  828  department staff. The department shall establish by rule the
  829  minimum requirements of this additional training.
  830         (6) Other facility staff shall participate in training
  831  relevant to their job duties as specified by rule of the
  832  department.
  833         (7) If the department or the agency determines that there
  834  are problems in a facility that could be reduced through
  835  specific staff training or education beyond that already
  836  required under this section, the department or the agency may
  837  require, and provide, or cause to be provided, the training or
  838  education of any personal care staff in the facility.
  839         (8) The department shall adopt rules related to these
  840  training requirements, the competency test, necessary
  841  procedures, and competency test fees and shall adopt or contract
  842  with another entity to develop a curriculum, which shall be used
  843  as the minimum core training requirements. The department shall
  844  consult with representatives of stakeholder associations and
  845  agencies in the development of the curriculum.
  846         (9) The training required by this section shall be
  847  conducted by persons registered with the department as having
  848  the requisite experience and credentials to conduct the
  849  training. A person seeking to register as a trainer must provide
  850  the department with proof of completion of the minimum core
  851  training education requirements, successful passage of the
  852  competency test established under this section, and proof of
  853  compliance with the continuing education requirement in
  854  subsection (4).
  855         (10) A person seeking to register as a trainer must also:
  856         (a) Provide proof of completion of a 4-year degree from an
  857  accredited college or university and must have worked in a
  858  management position in an assisted living facility for 3 years
  859  after being core certified;
  860         (b) Have worked in a management position in an assisted
  861  living facility for 5 years after being core certified and have
  862  1 year of teaching experience as an educator or staff trainer
  863  for persons who work in assisted living facilities or other
  864  long-term care settings;
  865         (c) Have been previously employed as a core trainer for the
  866  department; or
  867         (d) Meet other qualification criteria as defined in rule,
  868  which the department is authorized to adopt.
  869         (11) The department shall adopt rules to establish trainer
  870  registration requirements.
  871         Section 12. Section 429.50, Florida Statutes, is created to
  872  read:
  873         429.50Licensure of assisted living facility
  874  administrators.—
  875         (1) Effective July 1, 2013, an assisted living facility may
  876  not operate in this state unless the facility is under the
  877  management of an assisted living facility administrator who
  878  holds a valid license or provisional license issued by the
  879  Department of Health.
  880         (2) In order to be eligible to be licensed as an assisted
  881  living facility administrator, an applicant must:
  882         (a) Be at least 21 years old;
  883         (b) Meet the educational requirements under subsection (5);
  884         (c) Complete the training requirements in s. 429.521(2);
  885         (d) Pass all required competency tests required in s.
  886  429.521(2) with a minimum score of 80;
  887         (e) Complete background screening pursuant to s. 429.174;
  888  and
  889         (f) Otherwise meet the requirements of this part.
  890         (3)(a) An assisted living facility administrator who has
  891  been employed continuously for at least the 2 years immediately
  892  before July 1, 2012, is eligible for licensure without meeting
  893  the educational requirements of this section and without
  894  completing the core training and passing the competency test
  895  required in s. 429.521(2), if proof of compliance with the
  896  continuing education requirements in this part is submitted to
  897  the Department of Health and the applicant has not been an
  898  administrator of a facility that was cited for a class I or
  899  class II violation within the previous 2 years.
  900         (b) Notwithstanding paragraph (a), an assisted living
  901  facility administrator who has been employed continuously for at
  902  least the 2 years immediately before July 1, 2012, must complete
  903  the mental health training and pass the competency test required
  904  in s. 429.521(2)(c) if the administrator is employed at a
  905  facility that has a mental health license, and the administrator
  906  must complete the supplemental training required in s.
  907  429.521(2)(b) before licensure.
  908         (4)(a) An administrator who is licensed in accordance with
  909  part II of chapter 468 is eligible for licensure without meeting
  910  the educational requirements of this section and without
  911  completing the core training and passing the competency test
  912  required in s. 429.521(2), if proof of compliance with the
  913  continuing education requirements in part II of chapter 468 is
  914  submitted to the Department of Health. Any other licensed
  915  professional may be exempted as determined by the Department of
  916  Health by rule.
  917         (b) Notwithstanding paragraph (a), an administrator who is
  918  licensed in accordance with part II of chapter 468, and any
  919  other licensed professional who is exempted by rule, must
  920  complete the mental health training and pass the competency test
  921  required in s. 429.521(2)(c), if the administrator is employed
  922  at a facility that has a mental health license, and must
  923  complete the supplemental training required in s. 429.521(2)(b)
  924  before licensure.
  925         (5) Before licensure, the applicant must submit to the
  926  Department of Health proof that he or she is at least 21 years
  927  old and has a 4-year baccalaureate degree that includes some
  928  coursework in health care, gerontology, or geriatrics. An
  929  applicant who submits proof to the Department of Health that he
  930  or she has a 4-year baccalaureate degree or a 2-year associate
  931  degree that includes coursework in health care, gerontology, or
  932  geriatrics, and has provided at least 2 years of direct care in
  933  an assisted living facility or nursing home is also eligible for
  934  licensure.
  935         (6) The Department of Health shall issue a license as an
  936  assisted living facility administrator to any applicant who
  937  successfully completes the required training and passes the
  938  competency tests in accordance with s. 429.521, provides the
  939  requisite proof of required education, and otherwise meets the
  940  requirements of this part.
  941         (7) The Department of Health shall establish licensure fees
  942  for licensure as an assisted living facility administrator,
  943  which shall be renewed biennially and may not exceed $250 for
  944  the initial licensure or $250 for each licensure renewal.
  945         (8) The Department of Health may adopt rules as necessary
  946  to administer this section.
  947         Section 13. Section 429.512, Florida Statutes, is created
  948  to read:
  949         429.512Provisional licenses; inactive status.—
  950         (1) The Department of Health may establish by rule
  951  requirements for issuance of a provisional license. A
  952  provisional license may be issued only for the purpose of
  953  filling a position of an assisted living facility administrator
  954  which unexpectedly becomes vacant and may be issued for one
  955  single period as provided by rule, which may not exceed 6
  956  months. The provisional license may be issued to a person who
  957  does not meet all of the licensure requirements established in
  958  s. 429.50, but the Department of Health shall by rule establish
  959  minimal requirements to ensure protection of the public health,
  960  safety, and welfare. The provisional license may be issued to
  961  the person who is designated as the responsible person next in
  962  command if the position of an assisted living facility
  963  administrator becomes vacant. The Department of Health may set
  964  an application fee for a provisional license which may not
  965  exceed $500.
  966         (2) An administrator’s license becomes inactive if the
  967  administrator does not complete the continuing education courses
  968  and pass the corresponding tests within the requisite time or if
  969  the administrator does not timely pay the licensure renewal fee.
  970  An administrator may also apply for inactive license status. The
  971  Department of Health shall adopt rules governing the application
  972  procedures for obtaining an inactive license status, the renewal
  973  of an inactive license, and the reactivation of a license. The
  974  Department of Health shall prescribe by rule an application fee
  975  for inactive license status, a renewal fee for inactive license
  976  status, a delinquency fee, and a fee for reactivating a license.
  977  These fees may not exceed the amount established by the
  978  Department of Health for the biennial renewal fee for an active
  979  license.
  980         (3) The Department of Health may not reactivate a license
  981  unless the inactive or delinquent licensee has completed the
  982  requisite continuing education and passed the corresponding
  983  tests or has paid any applicable biennial renewal or delinquency
  984  fees, and paid the reactivation fee.
  985         Section 14. Section 429.521, Florida Statutes, is created
  986  to read:
  987         429.521Training requirements.—
  988         (1) GENERAL REQUIREMENTS.—
  989         (a) Each administrator, applicant to become assisted living
  990  facility administrator, or staff member of an assisted living
  991  facility must meet minimum training requirements established by
  992  rule by the Department of Elderly Affairs. This training is
  993  intended to assist facilities in appropriately responding to the
  994  needs of residents, maintaining resident care and facility
  995  standards, and meeting licensure requirements.
  996         (b) The department, in conjunction with the Department of
  997  Children and Family Services and stakeholders, shall establish a
  998  standardized core training curriculum that must be completed by
  999  an applicant for licensure as an assisted living facility
 1000  administrator. The curriculum must be offered in English and
 1001  Spanish, reviewed annually, and updated as needed to reflect
 1002  changes in the law, rules, and best practices. The required
 1003  training must cover, at a minimum, the following topics:
 1004         1. State law and rules relating to assisted living
 1005  facilities.
 1006         2. Residents’ rights and procedures for identifying and
 1007  reporting abuse, neglect, and exploitation.
 1008         3. Special needs of elderly persons, persons who have
 1009  mental illness, and persons who have developmental disabilities
 1010  and how to meet those needs.
 1011         4. Nutrition and food service, including acceptable
 1012  sanitation practices for preparing, storing, and serving food.
 1013         5. Medication management, recordkeeping, and proper
 1014  techniques for assisting residents who self-administer
 1015  medication.
 1016         6. Firesafety requirements, including procedures for fire
 1017  evacuation drills and other emergency procedures.
 1018         7. Care of persons who have Alzheimer’s disease and related
 1019  disorders.
 1020         8. Elopement prevention.
 1021         9. Aggression and behavior management, deescalation
 1022  techniques, and proper protocols and procedures of the Baker Act
 1023  as provided in part I of chapter 394.
 1024         10. Do not resuscitate orders.
 1025         11. Infection control.
 1026         12. Admission, continuing residency, and best practices in
 1027  the industry.
 1028         13. Phases of care and interacting with residents.
 1029  
 1030  The department, in conjunction with the Department of Children
 1031  and Family Services and stakeholders, shall also develop a
 1032  supplemental course consisting of topics related to extended
 1033  congregate care, limited mental health, and business operations,
 1034  including, but not limited to, human resources, financial
 1035  management, and supervision of staff, which must completed by an
 1036  applicant for licensure as an assisted living facility
 1037  administrator.
 1038         (c) The department, in conjunction with the Department of
 1039  Children and Family Services and stakeholders, shall establish a
 1040  standardized core training curriculum for staff members of an
 1041  assisted living facility who provide regular or direct care to
 1042  residents. This training curriculum must be offered in English
 1043  and Spanish, reviewed annually, and updated as needed to reflect
 1044  changes in the law, rules, and best practices. The training
 1045  curriculum must cover, at a minimum, the following topics:
 1046         1. The reporting of major incidents.
 1047         2. The reporting of adverse incidents.
 1048         3. Emergency procedures, including chain-of-command and
 1049  staff roles relating to emergency evacuation.
 1050         4. Residents’ rights in an assisted living facility.
 1051         5. The recognition and reporting of resident abuse,
 1052  neglect, and exploitation.
 1053         6. Resident behavior and needs.
 1054         7. Assistance with the activities of daily living.
 1055         8. Infection control.
 1056         9. Aggression and behavior management and deescalation
 1057  techniques.
 1058         (d) The department, in conjunction with the agency and
 1059  stakeholders, shall create two competency tests, one for
 1060  applicants for licensure as an assisted living facility
 1061  administrator and one for staff members of an assisted living
 1062  facility who provide regular or direct care to residents, which
 1063  test the individual’s comprehension of the training required in
 1064  paragraphs (b) and (c). The competency tests must be reviewed
 1065  annually and updated as needed to reflect changes in the law,
 1066  rules, and best practices. The competency tests must be offered
 1067  in English and Spanish and may be made available through testing
 1068  centers.
 1069         (e) The department, in conjunction with the Department of
 1070  Children and Family Services and stakeholders, shall develop a
 1071  comprehensive, standardized training curriculum and competency
 1072  test to satisfy the requirements for mental health training in
 1073  subsections (2) and (3). The curriculum and test must be
 1074  reviewed annually and updated as needed to reflect changes in
 1075  the law, rules, and best practices. The competency test must be
 1076  offered in English and Spanish and may be made available online
 1077  or through testing centers.
 1078         (f) The department, in conjunction with the Department of
 1079  Children and Family Services and stakeholders, shall establish
 1080  curricula for continuing education for administrators and staff
 1081  members of an assisted living facility. Continuing education
 1082  shall include topics similar to that of the core training
 1083  required for staff members and applicants for licensure as
 1084  assisted living facility administrators. Required continuing
 1085  education must, at a minimum, cover the following topics:
 1086         1. Elopement prevention;
 1087         2. Deescalation techniques; and
 1088         3. Phases of care and interacting with residents.
 1089         (g) The department shall ensure that all continuing
 1090  education curricula include a test upon completion of the
 1091  training which demonstrates comprehension of the training. The
 1092  training and the test must be offered in English and Spanish,
 1093  reviewed annually, and updated as needed to reflect changes in
 1094  the law, rules, and best practices. Continuing education and the
 1095  required test may be offered through online courses and any fees
 1096  associated to the online service shall be borne by the
 1097  participant.
 1098         (h) The department shall adopt rules related to training
 1099  requirements, competency tests, necessary procedures, and
 1100  training and testing fees.
 1101         (2) ADMINISTRATORS AND APPLICANTS FOR LICENSURE AS AN
 1102  ASSISTED LIVING FACILITY ADMINISTRATOR.—
 1103         (a) An applicant for licensure as an assisted living
 1104  facility administrator shall complete a minimum of 40 hours of
 1105  core training that covers the required topics provided for in
 1106  paragraph (1)(b).
 1107         (b) In addition to the required 40 hours of core training,
 1108  each applicant must complete a minimum of 10 hours of
 1109  supplemental training related to extended congregate care,
 1110  limited mental health, and business operations, including, but
 1111  not limited to, human resources, financial management, and
 1112  supervision of staff.
 1113         (c) An applicant shall take a competency test that assesses
 1114  the applicant’s knowledge and comprehension of the required
 1115  training provided for in paragraphs (a) and (b). A minimum score
 1116  of 80 is required to show successful completion of the training
 1117  requirements of this subsection. The applicant taking the test
 1118  is responsible for any testing fees.
 1119         (d) If an applicant for licensure as an assisted living
 1120  facility administrator fails any competency test, the individual
 1121  must wait at least 10 days before retaking the test. If the
 1122  applicant fails a competency test three times, the individual
 1123  must retake the applicable training before retaking the test.
 1124         (e) A licensed administrator shall receive at least 1 hour
 1125  of inservice training regarding the facility’s policies and
 1126  procedures related to resident elopement response within 30 days
 1127  after employment at a facility. Each administrator must be
 1128  provided a copy of the facility’s policies and procedures
 1129  related to resident elopement response and shall demonstrate an
 1130  understanding and competency in the implementation of these
 1131  policies and procedures.
 1132         (f) Each licensed administrator of an assisted living
 1133  facility that has a limited mental health license must complete
 1134  a minimum of 8 hours of mental health training and pass a
 1135  competency test related to the training within 30 days after
 1136  employment at the facility. A minimum score of 80 is required to
 1137  show successful passage of the mental health competency test. An
 1138  administrator who does not pass the test within 6 months after
 1139  completing the mental health training is ineligible to be an
 1140  administrator of an assisted living facility that has a limited
 1141  mental health license until the administrator achieves a passing
 1142  score. The competency test may be made available online or
 1143  through testing centers and must be offered in English and
 1144  Spanish.
 1145         (g) A licensed administrator of an assisted living facility
 1146  that has an extended congregate care license must complete a
 1147  minimum of 6 hours of extended congregate care training within
 1148  30 days after employment.
 1149         (h) A licensed administrator of an assisted living facility
 1150  that has a limited nursing services license must complete a
 1151  minimum of 4 hours of training related to the special needs and
 1152  care of those persons who require limited nursing services
 1153  within 30 days after employment.
 1154         (i) A licensed administrator must participate in continuing
 1155  education for a minimum of 18 contact hours every 2 years and
 1156  pass the corresponding test upon completion of the continuing
 1157  education course with a minimum score of 80. Completion of all
 1158  continuing education and a passing score on any corresponding
 1159  tests must be achieved before license renewal. Continuing
 1160  education may be offered through online courses, and any fees
 1161  associated to the online service shall be borne by the
 1162  participant.
 1163         (3) STAFF TRAINING.—
 1164         (a) Each staff member of an assisted living facility shall
 1165  receive at least 1 hour of inservice training regarding the
 1166  facility’s policies and procedures related to resident elopement
 1167  response within 30 days after employment. Each staff member must
 1168  be provided a copy of the facility’s policies and procedures
 1169  related to resident elopement response and shall demonstrate an
 1170  understanding and competency in the implementation of these
 1171  policies and procedures.
 1172         (b) Each staff member of an assisted living facility who is
 1173  hired on or after July 1, 2012, and who provides regular or
 1174  direct care to residents, shall complete a minimum of 20 hours
 1175  of core training within 90 days after employment at a facility.
 1176  The department may exempt nurses, certified nursing assistants,
 1177  or home health aides who can demonstrate completion of training
 1178  that is substantially similar to that of the core training
 1179  required in this paragraph.
 1180         (c) Each staff member of an assisted living facility who is
 1181  hired on or after July 1, 2012, and who provides regular or
 1182  direct care to residents, must take a competency test within 90
 1183  days after employment at a facility which assesses the
 1184  individual’s knowledge and comprehension of the required
 1185  training provided for in paragraph (b). A minimum score of 70 on
 1186  the competency test is required to show successful completion of
 1187  the training requirements. If a staff member fails the
 1188  competency test, the individual must wait at least 10 days
 1189  before retaking the test. If a staff member fails the competency
 1190  test three times, the individual must retake the initial core
 1191  training before retaking the test. If a staff member does not
 1192  pass the competency test within 1 year after employment, the
 1193  individual may not provide regular or direct care to residents
 1194  until the individual successfully passes the test. The
 1195  individual taking the test is responsible for any testing fees.
 1196         (d) A staff member of an assisted living facility that has
 1197  a limited mental health license who provides regular or direct
 1198  care to residents must complete a minimum of 8 hours of mental
 1199  health training within 30 days after employment. Within 30 days
 1200  after this training, the staff member must pass a competency
 1201  test related to the mental health training with a minimum score
 1202  of 70. If a staff member does not pass the competency test, the
 1203  individual may not provide regular or direct care to residents
 1204  until the individual successfully passes the test. The
 1205  competency test may be made available online or through testing
 1206  centers and must be offered in English and Spanish.
 1207         (e) A staff member of an assisted living facility who
 1208  prepares or serves food must receive a minimum of 1 hour of
 1209  inservice training in safe food handling practices within 30
 1210  days after employment.
 1211         (f) A staff member of an assisted living facility who
 1212  manages medications and assists with the self-administration of
 1213  medications under s. 429.256 must complete, within 30 days after
 1214  employment, a minimum of 4 additional hours of training provided
 1215  by a registered nurse, licensed pharmacist, or department staff.
 1216  The department shall establish by rule the minimum requirements
 1217  for this training, including continuing education requirements.
 1218         (g) Other staff members of an assisted living facility
 1219  shall participate in training relevant to their job duties as
 1220  specified by rule of the department.
 1221         (h) If the department or the agency determines that there
 1222  are problems in a facility which could be reduced through
 1223  specific staff training beyond that already required under this
 1224  subsection, the department or the agency may require and
 1225  provide, or cause to be provided, additional training of any
 1226  staff member in the facility.
 1227         (i) Each staff member of an assisted living facility who
 1228  provides regular or direct care to residents must participate in
 1229  continuing education for a minimum of 10 contact hours every 2
 1230  years and pass the corresponding test upon completion of the
 1231  continuing education course with a minimum score of 70. If an
 1232  individual does not complete all required continuing education
 1233  and pass any corresponding tests within the requisite time
 1234  period, the individual may not provide regular or direct care to
 1235  residents until the individual does so. Continuing education may
 1236  be offered through online courses and any fees associated to the
 1237  online service shall be borne by the participant.
 1238         Section 15. Section 429.522, Florida Statutes, is created
 1239  to read:
 1240         429.522Core training providers; certification.—
 1241         (1) DEFINITIONS.—As used in this section, the term:
 1242         (a) “Core trainer certification” means a professional
 1243  credential awarded to individuals demonstrating core competency
 1244  in the assisted living facility practice area by a department
 1245  approved third-party credentialing entity.
 1246         (b) “Core competency” means the minimum knowledge, skills,
 1247  and abilities necessary to perform work responsibilities.
 1248         (c) “Core curriculum” means the minimum statewide training
 1249  content that is based upon the core competencies and is made
 1250  available to persons providing services at an assisted living
 1251  facility.
 1252         (d) “Third-party credentialing entity” means a department
 1253  approved nonprofit organization that has met nationally
 1254  recognized standards for developing and administering
 1255  professional certification programs.
 1256         (2) THIRD-PARTY CREDENTIALING ENTITIES.—The department
 1257  shall approve and provide oversight for one or more third-party
 1258  credentialing entities for the purpose of developing and
 1259  administering core trainer certification programs for persons
 1260  providing training to applicants for licensure as an assisted
 1261  living facility administrator and to staff members of an
 1262  assisted living facility. A third-party credentialing entity
 1263  shall request this approval in writing from the department. In
 1264  order to obtain approval, the third-party credentialing entity
 1265  shall:
 1266         (a) Establish professional requirements and standards that
 1267  applicants must achieve in order to obtain core trainer
 1268  certification and to maintain such certification. At a minimum,
 1269  an applicant shall meet one of the following requirements:
 1270         1. Provide proof of completion of a 4-year baccalaureate
 1271  degree from an accredited college or university and have worked
 1272  in a management position in an assisted living facility for at
 1273  least 3 years after obtaining core trainer certification;
 1274         2. Have worked in a management position in an assisted
 1275  living facility for at least 5 years after obtaining core
 1276  trainer certification and have at least 1 year of teaching
 1277  experience as an educator or staff trainer for persons who work
 1278  in assisted living facilities or other long-term care settings;
 1279         3. Have been previously certified as a core trainer for the
 1280  department;
 1281         4. Have a minimum of 5 years of employment with the agency,
 1282  or the former Department of Health and Rehabilitative Services,
 1283  as a surveyor of assisted living facilities;
 1284         5. Have a minimum of 5 years of employment in a
 1285  professional position in the agency’s assisted living unit;
 1286         6. Have a minimum of 5 years of employment as an educator
 1287  or staff trainer for persons working in an assisted living
 1288  facility or other long-term care setting;
 1289         7. Have a minimum of 5 years of employment as a core
 1290  trainer for an assisted living facility, which employment was
 1291  not directly associated with the department; or
 1292         8. Provide proof of at least a 4-year baccalaureate degree
 1293  from an accredited college or university in the areas of health
 1294  care, gerontology, social work, education, or human services,
 1295  and a minimum of 4 years of experience as an educator or staff
 1296  trainer for persons who work in an assisted living facility or
 1297  other long-term care setting after receiving core trainer
 1298  certification.
 1299         (b) Apply core competencies according to the department’s
 1300  standards as provided in s. 429.521.
 1301         (c) Maintain a professional code of ethics and establish a
 1302  disciplinary process and a decertification process that applies
 1303  to all persons holding core trainer certification.
 1304         (d) Maintain a database, accessible to the public, of all
 1305  persons who have core trainer certification, including any
 1306  history of violations.
 1307         (e) Require annual continuing education for persons who
 1308  have core trainer certification.
 1309         (f) Administer a continuing education provider program to
 1310  ensure that only qualified providers offer continuing education
 1311  opportunities for certificateholders.
 1312         (3) CORE TRAINER CERTIFICATION.—Effective July 1, 2013, an
 1313  individual seeking core trainer certification must provide the
 1314  third-party credentialing entity with, at a minimum, proof of:
 1315         (a) Completion of the minimum core training requirements in
 1316  s. 429.521(2) and successful passage of the corresponding
 1317  competency tests with a minimum score of 80;
 1318         (b) Compliance with the continuing education requirements
 1319  in s. 429.521(2); and
 1320         (c) Compliance with the professional requirements and
 1321  standards required in paragraph (2)(a).
 1322         (4) ADOPTION OF RULES.—The department shall adopt rules
 1323  necessary to administer this section.
 1324         Section 16. Section 429.55, Florida Statutes, is created to
 1325  read:
 1326         429.55Electronic monitoring of resident’s room.—
 1327         (1) DEFINITIONS.—As used in this section, the term:
 1328         (a) “Authorized electronic monitoring” means the placement
 1329  of an electronic monitoring device in the room of a resident of
 1330  an assisted living facility and the making of tapes or
 1331  recordings through use of the device after making a request to
 1332  the facility and obtaining all necessary consent to allow
 1333  electronic monitoring.
 1334         (b) “Electronic monitoring device” means video surveillance
 1335  cameras or audio devices installed in the room of a resident
 1336  which are designed to acquire communications or other sounds
 1337  occurring in the room. The term does not include an electronic,
 1338  mechanical, or other device that is specifically used for the
 1339  nonconsensual interception of wire or electronic communications.
 1340         (2) COVERT USE OF ELECTRONIC MONITORING DEVICE.—For
 1341  purposes of this section, the placement and use of an electronic
 1342  monitoring device in the room of a resident is considered to be
 1343  covert if:
 1344         (a) The placement and use of the device is not open and
 1345  obvious; and
 1346         (b) The facility and the agency are not informed about the
 1347  device by the resident, by a person who placed the device in the
 1348  room, or by a person who is using the device.
 1349  
 1350  The agency and the facility are not civilly liable in connection
 1351  with the covert placement or use of an electronic monitoring
 1352  device in the room of the resident.
 1353         (3) REQUIRED FORM ON ADMISSION.—The agency shall prescribe
 1354  by rule a form that must be completed and signed upon a
 1355  resident’s admission to a facility by or on behalf of the
 1356  resident. The form must state:
 1357         (a) That a person who places an electronic monitoring
 1358  device in the room of a resident or who uses or discloses a tape
 1359  or other recording made by the device may be civilly liable for
 1360  any unlawful violation of the privacy rights of another;
 1361         (b) That a person who covertly places an electronic
 1362  monitoring device in the room of a resident or who consents to
 1363  or acquiesces in the covert placement of the device in the room
 1364  of a resident has waived any privacy right the person may have
 1365  had in connection with images or sounds that may be acquired by
 1366  the device;
 1367         (c) That a resident or the resident’s guardian or legal
 1368  representative is entitled to conduct authorized electronic
 1369  monitoring under this section and that, if the facility refuses
 1370  to permit the electronic monitoring or fails to make reasonable
 1371  physical accommodations for the authorized electronic
 1372  monitoring, the person should contact the agency. The form must
 1373  also provide the agency’s contact information;
 1374         (d) The basic procedures that must be followed in order to
 1375  request authorized electronic monitoring;
 1376         (e) That the electronic monitoring device and all
 1377  installation and maintenance costs must be paid for by the
 1378  resident or the resident’s guardian or legal representative;
 1379         (f) The legal requirement to report abuse or neglect when
 1380  electronic monitoring is being conducted; and
 1381         (g) Any other information regarding covert or authorized
 1382  electronic monitoring which the agency considers advisable to
 1383  include on the form.
 1384         (4) AUTHORIZATION AND CONSENT.—
 1385         (a) If a resident has the capacity to request electronic
 1386  monitoring and has not been judicially declared to lack the
 1387  required capacity, only the resident may request authorized
 1388  electronic monitoring under this section, notwithstanding the
 1389  terms of any durable power of attorney or similar instrument.
 1390         (b) If a resident has been judicially declared to lack the
 1391  capacity required for taking an action, such as requesting
 1392  electronic monitoring, only the guardian of the resident may
 1393  request electronic monitoring under this section.
 1394         (c) If a resident does not have capacity to request
 1395  electronic monitoring but has not been judicially declared to
 1396  lack the required capacity, only the legal representative of the
 1397  resident may request electronic monitoring under this section.
 1398         (d) A resident or the guardian or legal representative of a
 1399  resident who wishes to conduct authorized electronic monitoring
 1400  must make the request to the facility on a form prescribed by
 1401  the agency.
 1402         (e) The form prescribed by the agency must require the
 1403  resident or the resident’s guardian or legal representative to:
 1404         1. Release the facility from any civil liability for a
 1405  violation of the resident’s privacy rights in connection with
 1406  the use of the electronic monitoring device;
 1407         2. If the electronic monitoring device is a video
 1408  surveillance camera, choose whether the camera will always be
 1409  unobstructed or whether the camera should be obstructed in
 1410  specified circumstances in order to protect the dignity of the
 1411  resident; and
 1412         3. Obtain the consent of the other residents in the room,
 1413  using a form prescribed for this purpose by the agency, if the
 1414  resident resides in a multiperson room.
 1415         (f) Consent under subparagraph (e)3. may be given only by:
 1416         1. The other resident or residents in the room;
 1417         2. The guardian of the other resident in the room, if the
 1418  person has been judicially declared to lack the required
 1419  capacity to consent; or
 1420         3. The legal representative of the other resident in the
 1421  room, if the person does not have capacity to sign the form but
 1422  has not been judicially declared to lack the required capacity
 1423  to consent.
 1424         (g) The form prescribed by the agency under subparagraph
 1425  (e)3. must condition the consent of another resident in the room
 1426  on the other resident also releasing the facility from any civil
 1427  liability for a violation of the person’s privacy rights in
 1428  connection with the use of the electronic monitoring device.
 1429         (h) Another resident in the room may:
 1430         1. If the proposed electronic monitoring device is a video
 1431  surveillance camera, condition consent on the camera being
 1432  pointed away from the consenting resident; and
 1433         2. Condition consent on the use of an audio electronic
 1434  monitoring device being limited or prohibited.
 1435         (i) If authorized electronic monitoring is being conducted
 1436  in the room of a resident and another resident is moved into the
 1437  room who has not yet consented to the electronic monitoring,
 1438  authorized electronic monitoring must cease until the new
 1439  resident has consented in accordance with this subsection.
 1440         (j) Authorized electronic monitoring may not commence until
 1441  all request and consent forms required by this subsection have
 1442  been completed and returned to the facility, and the monitoring
 1443  must be conducted in accordance with any limitation placed on
 1444  the monitoring as a condition of the consent given by or on
 1445  behalf of another resident in the room.
 1446         (k) The agency may include other information that the
 1447  agency considers to be appropriate on any of the forms that the
 1448  agency is required to prescribe under this subsection.
 1449         (l) The agency shall adopt rules to administer this
 1450  subsection.
 1451         (5) AUTHORIZED ELECTRONIC MONITORING; GENERAL PROVISIONS.—
 1452         (a) A facility shall allow a resident or the resident’s
 1453  guardian or legal representative to monitor the room of the
 1454  resident through the use of electronic monitoring devices.
 1455         (b) The facility shall require a resident who conducts
 1456  authorized electronic monitoring or the resident’s guardian or
 1457  legal representative to post and maintain a conspicuous notice
 1458  at the entrance of the resident’s room which states that the
 1459  room is being monitored by an electronic monitoring device.
 1460         (c) Authorized electronic monitoring conducted under this
 1461  section is not compulsory and may be conducted only at the
 1462  request of the resident or the resident’s guardian or legal
 1463  representative.
 1464         (d) A facility may not refuse to admit an individual to
 1465  residency in the facility and may not remove a resident from the
 1466  facility because of a request to conduct authorized electronic
 1467  monitoring.
 1468         (e) A facility shall make reasonable physical
 1469  accommodations for authorized electronic monitoring, including
 1470  providing:
 1471         1. A reasonably secure place to mount the video
 1472  surveillance camera or other electronic monitoring device; and
 1473         2. Access to power sources for the video surveillance
 1474  camera or other electronic monitoring device.
 1475         (f) A facility may require an electronic monitoring device
 1476  to be installed in a manner that is safe for residents,
 1477  employees, or visitors who may be moving about a room.
 1478         (g) If authorized electronic monitoring is conducted, the
 1479  facility may require the resident or the resident’s guardian or
 1480  legal representative to conduct the electronic monitoring in
 1481  plain view.
 1482         (h) A facility may place a resident in a different room in
 1483  order to accommodate a request to conduct authorized electronic
 1484  monitoring.
 1485         (6) REPORTING ABUSE AND NEGLECT.—A person shall report
 1486  abuse to the central abuse hotline of the Department of Children
 1487  and Family Services pursuant to s. 415.103 based on the person’s
 1488  viewing of or listening to a tape or recording by an electronic
 1489  monitoring device if the incident of abuse is acquired on the
 1490  tape or recording. A person shall report neglect to the central
 1491  abuse hotline pursuant to s. 415.103 based on the person’s
 1492  viewing of or listening to a tape or recording by an electronic
 1493  monitoring device if it is clear from viewing or listening to
 1494  the tape or recording that neglect has occurred. If a person
 1495  reports abuse or neglect to the central abuse hotline pursuant
 1496  to this subsection, the person shall also send to the agency a
 1497  copy of the tape or recording which indicates the reported abuse
 1498  or neglect.
 1499         (7) USE OF TAPE OR RECORDING.—
 1500         (a) Subject to applicable rules of evidence and procedure
 1501  and the requirements of this subsection, a tape or recording
 1502  created through the use of covert or authorized electronic
 1503  monitoring may be admitted into evidence in a civil or criminal
 1504  court action or administrative proceeding.
 1505         (b) A court or administrative agency may not admit into
 1506  evidence a tape or recording created through the use of covert
 1507  or authorized electronic monitoring or take or authorize action
 1508  based on the tape or recording unless:
 1509         1. The tape or recording shows the time and date that the
 1510  events acquired on the tape or recording occurred;
 1511         2. The contents of the tape or recording have not been
 1512  edited or artificially enhanced; and
 1513         3. If the contents of the tape or recording have been
 1514  transferred from the original format to another technological
 1515  format, the transfer was done by a qualified professional and
 1516  the contents of the tape or recording were not altered.
 1517         (c) A person who sends more than one tape or recording to
 1518  the agency shall identify for the agency each tape or recording
 1519  on which the person believes that an incident of abuse or
 1520  evidence of neglect may be found.
 1521         (8) REQUIRED NOTICE.—Each facility shall post a notice at
 1522  the entrance to the facility stating that the rooms of some
 1523  residents are monitored electronically by or on behalf of the
 1524  residents and that the monitoring is not necessarily open and
 1525  obvious.
 1526         (9) ENFORCEMENT.—The agency may impose appropriate
 1527  administrative sanctions under this part against an
 1528  administrator of a facility who knowingly:
 1529         (a) Refuses to permit a resident or the resident’s guardian
 1530  or legal representative to conduct authorized electronic
 1531  monitoring;
 1532         (b) Refuses to admit an individual to residency or allows
 1533  the removal of a resident from the facility because of a request
 1534  to conduct authorized electronic monitoring; or
 1535         (c) Violates another provision of this section.
 1536         (10) RULES.—The agency shall adopt rules as necessary to
 1537  administer this section.
 1538         Section 17. This act shall take effect July 1, 2012.