Florida Senate - 2012 SB 694 By Senator Fasano 11-00305A-12 2012694__ 1 A bill to be entitled 2 An act relating to adult day care centers; providing a 3 short title; providing definitions; providing for the 4 licensure of adult day care centers that provide 5 specialized Alzheimer’s services; requiring an adult 6 day care center seeking such licensure to meet 7 specified criteria; providing educational and 8 experience requirements for the operator of an adult 9 day care center seeking licensure to provide 10 specialized Alzheimer’s services; providing criteria 11 for staff training and supervision; providing the 12 minimum ratio of staff members to participants; 13 providing requirements for staff orientation; 14 providing requirements for admission into such an 15 adult day care center; requiring that a participant’s 16 file include a data sheet, which must be completed 17 within a certain timeframe; requiring that certain 18 information be included in the data sheet; requiring 19 that dementia-specific services be documented in a 20 participant’s file; requiring that a participant’s 21 plan of care be reviewed each month; requiring that 22 certain notes be entered into a participant’s file; 23 requiring the participant to provide the adult day 24 care center with updated medical documentation; 25 requiring the center to give each person who enrolls 26 as a participant or the caregiver a copy of the 27 participant’s plan of care and a copy of the center’s 28 policies and procedures; requiring the center to 29 coordinate and execute discharge procedures with a 30 participant whose enrollment in the center is 31 involuntarily terminated; providing that only an adult 32 day care center that holds an appropriate license may 33 use the term “adult day care - specialized Alzheimer’s 34 services” or advertise that it provides specialized 35 care for persons who have Alzheimer’s disease or other 36 dementia-related disorders; authorizing the Department 37 of Elderly Affairs to adopt rules; providing an 38 effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1. (1) This act may be cited as the “Alzheimer’s 43 Adult Day Care Dignity Act.” 44 (2) As used in this section, the term: 45 (a) “Dementia” means the loss of at least two intellectual 46 functions, such as thinking, remembering, and reasoning, which 47 is severe enough to interfere with a person’s daily function. 48 The term does not describe a disease, but describes a group of 49 symptoms that may accompany certain diseases or physical 50 conditions. 51 (b) “Specialized Alzheimer’s services” means therapeutic, 52 behavioral, health, safety, and security interventions; clinical 53 care; support services; and educational services that are 54 customized for the specialized needs of a participant’s 55 caregiver and the participant who is affected by Alzheimer’s 56 disease or an irreversible, degenerative condition resulting in 57 dementia. 58 (3) In addition to the standards required for licensure as 59 an adult day care center under s. 429.917, Florida Statutes, an 60 adult day care center may seek licensure under this section as 61 an adult day care center - specialized Alzheimer’s services. 62 (4) An adult day care center seeking licensure under this 63 section must: 64 (a) Have a mission statement that includes a commitment to 65 providing dementia-specific services and disclose in the 66 center’s advertisements or in a separate document the services 67 that distinguish the care as being suitable for a person who has 68 Alzheimer’s disease or a dementia-related disorder. 69 (b) Provide a program for dementia-specific, therapeutic 70 activities, including, but not limited to, physical, cognitive, 71 and social activities appropriate for a participant’s level of 72 function. 73 (c) Maintain at all times a minimum staff-to-participant 74 ratio of one staff member who provides direct services for every 75 five participants. 76 (d) Provide a program for therapeutic activity at least 70 77 percent of the time that the center is open to participants. 78 (e) Use assessment tools that identify the participant’s 79 cognitive deficits and identify the specialized and 80 individualized needs of the participant and the caregiver, if 81 applicable. This assessment must be conducted when the 82 participant is initially admitted into the center and must be 83 updated at least annually. 84 (f) Create an individualized plan of care for each 85 participant which addresses the identified, dementia-specific 86 needs of the participant and the caregiver, if applicable. The 87 plan of care must be established when the participant is 88 initially admitted into the center and reviewed at least 89 monthly. 90 (g) Conduct a monthly health assessment of the participant 91 which includes, but is not limited to, the participant’s weight, 92 vital signs, and level of assistance needed with activities of 93 daily living. 94 (h) Complete a monthly narrative in the participant’s file 95 regarding the participant’s status or progress toward meeting 96 the goals indicated on the individualized plan of care. 97 (i) Assist in the referral or coordination of other 98 dementia-specific services and resources needed by the 99 participant or the caregiver, such as medical services, 100 counseling, medical planning, legal planning, financial 101 planning, safety and security planning, disaster planning, 102 driving assessment, and wandering prevention. The center may 103 establish relationships with providers that have a demonstrated 104 knowledge and commitment to serving participants affected by 105 Alzheimer’s disease or a dementia-related disorder and their 106 caregivers. 107 (j) Offer, facilitate, or provide referrals to a support 108 group for persons who are caregivers to participants who are 109 affected by Alzheimer’s disease or a dementia-related disorder. 110 (k) Provide to participants and caregivers at least one 111 dementia-specific educational program every 3 months. 112 (l) Conduct and document at least three times each day a 113 count of all participants present in the center. This count must 114 be compared to each participant’s attendance record to ensure 115 that a participant is not missing from the center. 116 (m) Be a secured unit or have working, audible alarm 117 devices installed on every door that provides egress from the 118 center and is accessible to the participants. 119 (n) Not allow a participant to administer his or her own 120 medication. 121 (o) Not allow a participant to drive himself or herself to 122 or from the center. 123 (5)(a) The operator of an adult day care center licensed 124 under this section, or the operator’s designee, must: 125 1. Have at least a bachelor’s degree in health care 126 services, social services, or a related field, 1 year of 127 supervisory experience in a social services or health care 128 services setting, and a minimum of 1 year of experience in 129 providing dementia-specific services; 130 2. Be licensed as a registered nurse, have 1 year of 131 supervisory experience in a social services or health care 132 services setting, and have a minimum of 1 year of experience in 133 providing dementia-specific services; or 134 3. Have 5 years of supervisory experience in a social 135 services or health care services setting and a minimum of 3 136 years of experience in providing dementia-specific services. 137 (b) An adult day care center licensed under this section 138 must provide the following staff training and supervision: 139 1. A registered nurse or licensed practical nurse must be 140 on site during all hours of program operation. Each licensed 141 practical nurse who works at the center must be supervised in 142 accordance with chapter 464, Florida Statutes. 143 2. Each employee who has direct contact with participants 144 must complete 4 hours of state-approved, dementia-specific 145 training within the first 3 months following employment. 146 3. Each employee who provides direct care to participants 147 must complete an additional 4 hours of state-approved training 148 in dementia within 6 months following employment. 149 4. A staff member who provides direct care to a participant 150 must provide hands-on assistance and care with the participant’s 151 activities of daily living. 152 (c) The plan for staff orientation must include, at a 153 minimum: 154 1. Information regarding Alzheimer’s disease and other 155 dementia-related disorders. 156 2. Procedures to locate a participant who has wandered from 157 the center. These procedures must be reviewed at least once 158 every 3 months with all direct care staff. 159 3. Information on the Silver Alert program in this state. 160 4. Information regarding available products or programs 161 used to identify participants or prevent them from wandering 162 away from the center. 163 (6)(a) In order to be admitted as a participant into an 164 adult day care center licensed under this section, a person: 165 1. Must have a documented diagnosis of Alzheimer’s disease 166 or a dementia-related disorder from a physician licensed in this 167 state. 168 2. Must require ongoing supervision to maintain the highest 169 level of medical or custodial functioning and have a 170 demonstrated need for a responsible party to oversee his or her 171 care. 172 3. Must be mobile to the degree that the person can bear 173 enough weight to assist in transferring himself or herself 174 between seated and standing positions. 175 4. Must not require more than two staff members to safely 176 transfer the person from a seated position to a standing 177 position. 178 5. Must not actively demonstrate aggressive behavior that 179 places himself, herself, or others at risk of harm. 180 6. Must provide the following medical documentation signed 181 by a physician licensed in this state or a health care provider 182 under the direct supervision of a physician licensed in this 183 state: 184 a. Any physical or emotional conditions that require 185 medical care; 186 b. A listing of the current prescribed medications and 187 dosages, diet restrictions, and mobility restrictions; and 188 c. Proof that the person is free of the communicable form 189 of tuberculosis and free of signs and symptoms of other 190 communicable diseases. 191 (b) Before a person is admitted as a participant into an 192 adult day care center licensed under this section, the center 193 must determine whether: 194 1. The medical, psychological, or behavioral support and 195 intervention required by the person can be provided by the 196 center. 197 2. The resources required to assist with the person’s 198 acuity of care and support needed can be provided or coordinated 199 by the center. 200 (7)(a) A participant’s file must include a data sheet, 201 which must be completed within 45 days before or within 24 hours 202 after admission to an adult day care center licensed under this 203 section. The data sheet must contain: 204 1. Information regarding the status of the participant’s 205 enrollment in an identification or wandering-prevention program, 206 including the name of the program; and 207 2. A current photograph of the participant. 208 (b) Dementia-specific services must be documented in a 209 participant’s file. 210 (c) A participant’s plan of care must be reviewed at least 211 once each month. Notes regarding nursing and social work 212 services provided to the participant and the participant’s 213 activities must be entered at least monthly in the participant’s 214 file, and must indicate the participant’s status or progress 215 toward achieving identified goals. Additional notes must be 216 entered more frequently if indicated by the participant’s 217 condition. 218 (d) A participant shall annually provide the center with 219 updated medical documentation required under subparagraph 220 (6)(a)6., and the center must place that documentation in the 221 participant’s file. 222 (8) An adult day care center licensed under this section 223 must give to each person who enrolls as a participant in the 224 center or the caregiver a copy of the participant’s plan of care 225 and a copy of the policies and procedures of the center which 226 must include, but are not limited to, information pertaining to 227 driving for those persons affected by dementia, available 228 technology on wandering-prevention devices and identification 229 devices, the Silver Alert program in this state, and dementia 230 specific safety interventions and strategies that can be used in 231 the home setting. 232 (9) If a participant’s enrollment in the center is 233 involuntarily terminated due to medical or behavioral reasons, 234 the center shall coordinate and execute appropriate discharge 235 procedures with the participant and the caregiver. 236 (10) Only an adult day care center licensed under this 237 section may use the term “adult day care - specialized 238 Alzheimer’s services” and advertise that the center provides 239 specialized care for persons who have Alzheimer’s disease or 240 other dementia-related disorders. 241 (11) The Department of Elderly Affairs may adopt rules to 242 administer this section. 243 Section 2. This act shall take effect July 1, 2012.