Florida Senate - 2013                                     SB 616
       
       
       
       By Senator Bean
       
       
       
       
       4-00247B-13                                            2013616__
    1                        A bill to be entitled                      
    2         An act relating to certification of assisted living
    3         facility administrators; amending s. 429.178, F.S.;
    4         conforming provisions to changes made by the act;
    5         amending s. 429.52, F.S.; requiring assisted living
    6         facility administrators to meet the training and
    7         education requirements established by a third-party
    8         credentialing entity; revising requirements for new
    9         administrators; authorizing the Department of Elderly
   10         Affairs to require additional training or education of
   11         any personal care staff in the facility except an
   12         administrator; authorizing the department to adopt
   13         rules to establish staff training requirements;
   14         providing for the future repeal of s. 429.52(2), (3),
   15         (4), (8), (9), and (10), F.S., relating to training
   16         and educational requirements for administrators and
   17         assisted living facility staff, continuing education,
   18         adoption of rules, trainers, and requirements for
   19         trainers; creating s. 429.55, F.S.; providing
   20         legislative intent; providing definitions; requiring
   21         the department to approve third-party credentialing
   22         entities for the purpose of developing and
   23         administering a professional credentialing program for
   24         assisted living facility administrators; requiring the
   25         department to approve a third-party credentialing
   26         entity that documents compliance with certain minimum
   27         standards; requiring a third-party credentialing
   28         entity that applies for department approval before a
   29         specified date to have its assisted living facility
   30         administrator certification program accredited with
   31         the National Commission for Certifying Agencies;
   32         requiring an administrator to be certified by a third
   33         party credentialing entity; providing that an
   34         administrator who fails to be certified is subject to
   35         an administrative fine; providing an exemption for an
   36         administrator licensed under part II of ch. 468, F.S.;
   37         requiring an approved third-party credentialing entity
   38         to establish a process for certifying persons who meet
   39         certain qualifications; requiring an approved third
   40         party credentialing entity to establish the core
   41         competencies for administrators according to the
   42         standards set forth by the National Commission for
   43         Certifying Agencies; requiring a third-party
   44         credentialing entity to meet certain certification
   45         requirements; providing an effective date.
   46  
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Effective July 1, 2014, paragraphs (a) and (b)
   50  of subsection (2) of section 429.178, Florida Statutes, are
   51  amended to read:
   52         429.178 Special care for persons with Alzheimer’s disease
   53  or other related disorders.—
   54         (2)(a) An individual who is employed by a facility that
   55  provides special care for residents with Alzheimer’s disease or
   56  other related disorders, and who has regular contact with such
   57  residents, must complete up to 4 hours of initial dementia
   58  specific training developed or approved by the department. The
   59  training shall be completed within 3 months after beginning
   60  employment and shall satisfy the core training requirements of
   61  s. 429.52(2)(g).
   62         (b) A direct caregiver who is employed by a facility that
   63  provides special care for residents with Alzheimer’s disease or
   64  other related disorders, and who provides direct care to such
   65  residents, must complete the required initial training and 4
   66  additional hours of training developed or approved by the
   67  department. The training shall be completed within 9 months
   68  after beginning employment and shall satisfy the core training
   69  requirements of s. 429.52(2)(g).
   70         Section 2. Section 429.52, Florida Statutes, is amended to
   71  read:
   72         429.52 Staff training and educational programs; core
   73  educational requirement.—
   74         (1) Effective July 1, 2014, administrators shall meet the
   75  training and education requirements established by a third-party
   76  credentialing entity pursuant to s. 429.55, and other assisted
   77  living facility staff shall must meet minimum training and
   78  education requirements established by the Department of Elderly
   79  Affairs by rule. This training and education is intended to
   80  assist facilities to appropriately respond to the needs of
   81  residents, to maintain resident care and facility standards, and
   82  to meet licensure requirements.
   83         (2) The department shall establish a competency test and a
   84  minimum required score to indicate successful completion of the
   85  training and educational requirements. The department, in
   86  conjunction with the agency and providers, shall develop the
   87  competency test must be developed by the department in
   88  conjunction with the agency and providers. The required training
   89  and education must cover at least the following topics:
   90         (a) State law and rules relating to assisted living
   91  facilities.
   92         (b) Resident rights and identifying and reporting abuse,
   93  neglect, and exploitation.
   94         (c) Special needs of elderly persons, persons with mental
   95  illness, and persons with developmental disabilities and how to
   96  meet those needs.
   97         (d) Nutrition and food service, including acceptable
   98  sanitation practices for preparing, storing, and serving food.
   99         (e) Medication management, recordkeeping, and proper
  100  techniques for assisting residents with self-administered
  101  medication.
  102         (f) Firesafety requirements, including fire evacuation
  103  drill procedures and other emergency procedures.
  104         (g) Care of persons with Alzheimer’s disease and related
  105  disorders.
  106         (3) Before July 1, 2014 Effective January 1, 2004, a new
  107  facility administrator shall: must
  108         (a) Complete the required training and education, including
  109  the competency test, within a reasonable time after being
  110  employed as an administrator, as determined by the department;
  111  or
  112         (b) Earn and maintain certification as an assisted living
  113  facility administrator from a third-party credentialing entity
  114  that is approved by the department as provided in s. 429.55.
  115  
  116  Failure to do so is a violation of this part and subjects the
  117  violator to an administrative fine as prescribed in s. 429.19.
  118  Administrators licensed in accordance with part II of chapter
  119  468 are exempt from this requirement. Other licensed
  120  professionals may be exempted, as determined by the department
  121  by rule.
  122         (4) Administrators are required to participate in
  123  continuing education for a minimum of 12 contact hours every 2
  124  years.
  125         (5) Staff involved with the management of medications and
  126  assisting with the self-administration of medications under s.
  127  429.256 must complete a minimum of 4 additional hours of
  128  training provided by a registered nurse, licensed pharmacist, or
  129  department staff. The department shall establish by rule the
  130  minimum requirements of this additional training.
  131         (6) Other facility staff shall participate in training
  132  relevant to their job duties as specified by rule of the
  133  department.
  134         (7) If the department or the agency determines that there
  135  is a need for are problems in a facility that could be reduced
  136  through specific staff training or education beyond that already
  137  required under this section, the department or the agency may
  138  require, and provide, or cause to be provided, the training or
  139  education of any personal care staff in the facility. However,
  140  this subsection does not apply to an assisted living facility
  141  administrator certified under s. 429.55.
  142         (8) The department shall adopt rules related to these
  143  training requirements, the competency test, necessary
  144  procedures, and competency test fees and shall adopt or contract
  145  with another entity to develop a curriculum, which shall be used
  146  as the minimum core training requirements. The department shall
  147  consult with representatives of stakeholder associations and
  148  agencies in the development of the curriculum.
  149         (9) The training required by this section must shall be
  150  conducted by a person persons registered with the department as
  151  having the requisite experience and credentials to conduct the
  152  training. A person seeking to register as a trainer must provide
  153  the department with proof of completion of the minimum core
  154  training education requirements, successful passage of the
  155  competency test established under this section, and proof of
  156  compliance with the continuing education requirement in
  157  subsection (4).
  158         (10) A person seeking to register as a trainer must also:
  159         (a) Provide proof of completion of a 4-year degree from an
  160  accredited college or university and must have worked in a
  161  management position in an assisted living facility for 3 years
  162  after being core certified;
  163         (b) Have worked in a management position in an assisted
  164  living facility for 5 years after being core certified and have
  165  1 year of teaching experience as an educator or staff trainer
  166  for persons who work in assisted living facilities or other
  167  long-term care settings;
  168         (c) Have been previously employed as a core trainer for the
  169  department; or
  170         (d) Meet other qualification criteria as defined in rule,
  171  which the department is authorized to adopt.
  172         (11) The department may shall adopt rules to establish
  173  staff training trainer registration requirements.
  174         Section 3. Effective July 1, 2014, subsections (2), (3),
  175  (4), (8), (9), and (10) of section 429.52, Florida Statutes, are
  176  repealed.
  177         Section 4. Section 429.55, Florida Statutes, is created to
  178  read:
  179         429.55Assisted living facility administrator;
  180  certification.—
  181         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  182  that each assisted living facility administrator earn and
  183  maintain professional certification from a third-party
  184  credentialing entity that is approved by the Department of
  185  Elderly Affairs. The Legislature further intends that
  186  certification will ensure that an administrator has the
  187  competencies necessary to appropriately respond to the needs of
  188  residents, to maintain resident care and facility standards, and
  189  to meet licensure requirements for a facility. The Legislature
  190  recognizes professional certification by a nationally recognized
  191  professional credentialing organization as an equivalent
  192  alternative to a state-run licensure program and, therefore,
  193  intends that certification pursuant to this section is
  194  sufficient as an acceptable alternative to licensure.
  195         (2)DEFINITIONS.—As used in this section, the term:
  196         (a)“Assisted living facility administrator certification”
  197  means a professional credential awarded by a third-party
  198  credentialing entity that is approved by the department to a
  199  person who meets core competency requirements in assisted living
  200  facility practice areas.
  201         (b)“Core competency” means the minimum knowledge and
  202  skills necessary to carry out work responsibilities.
  203         (c) “Department” means the Department of Elderly Affairs.
  204         (d) “Nonprofit organization” means an organization that is
  205  exempt from federal income tax under s. 501(c) of the United
  206  States Internal Revenue Code.
  207         (e)“Third-party credentialing entity” means a nonprofit
  208  organization that develops and administers certification
  209  programs according to the standards established by the National
  210  Commission for Certifying Agencies.
  211         (3)THIRD-PARTY CREDENTIALING ENTITIES.—
  212         (a)The department shall approve one or more third-party
  213  credentialing entities for the purpose of developing and
  214  administering a professional credentialing program for
  215  administrators. Within 90 days after receiving documentation
  216  from a third-party credentialing entity, the department shall
  217  approve a third-party credentialing entity that demonstrates
  218  compliance with the following minimum standards:
  219         1.Establishment of assisted living facility administrator
  220  core competencies, certification standards, testing instruments,
  221  and recertification standards according to the standards
  222  established by the National Commission for Certifying Agencies.
  223         2.Establishment of a process to administer the
  224  certification application, award, and maintenance processes
  225  according to the standards established by the National
  226  Commission for Certifying Agencies.
  227         3.Demonstrated ability to administer a professional code
  228  of ethics and disciplinary process that applies to all certified
  229  persons.
  230         4.Establishment of, and ability to maintain a publicly
  231  accessible Internet-based database that contains information on
  232  each person who applies for and holds certification, such as the
  233  person’s first and last name, certification status, and ethical
  234  or disciplinary history.
  235         5.Demonstrated ability to administer biannual continuing
  236  education and certification renewal requirements.
  237         6.Demonstrated ability to administer an education provider
  238  program to approve qualified training entities and to provide
  239  precertification training to applicants and continuing education
  240  opportunities to certified professionals.
  241         (b)A credentialing entity that applies for department
  242  approval before December 31, 2013, must have its program for
  243  assisted living facility administrator certification accredited
  244  with the National Commission for Certifying Agencies by July 1,
  245  2014, and must continuously maintain such accreditation. A
  246  credentialing entity that applies for department approval after
  247  December 31, 2013, must hold accreditation from the National
  248  Commission for Certifying Agencies at the time the entity
  249  applies for department approval.
  250         (4)ASSISTED LIVING FACILITY ADMINISTRATOR CERTIFICATION
  251  REQUIRED.—Effective July 1, 2014, an assisted living facility
  252  administrator must be certified by a third-party credentialing
  253  entity that is approved by the department under this section. An
  254  assisted living facility administrator who fails to be certified
  255  violates this section and is subject to an administrative fine
  256  as provided in s. 429.19. This subsection does not apply to an
  257  administrator licensed under part II of chapter 468.
  258         (5)GRANDFATHER CLAUSE.—For a period ending on October 1,
  259  2014, a third-party credentialing entity that is approved by the
  260  department shall establish a process, at no cost to the
  261  department or the person, to certify a person who:
  262         (a) Is employed as an assisted living facility
  263  administrator, and is in compliance with the requirements in s.
  264  429.52, including continuing education requirements in place
  265  before July 1, 2014; or
  266         (b) Has completed before July 1, 2014, the required
  267  training as an administrator, including the competency test and
  268  continuing education requirements established in s. 429.52.
  269         (6)CORE COMPETENCIES.—The third-party credentialing entity
  270  that is approved by the department shall establish the core
  271  competencies for assisted living facility administrators
  272  according to the standards established by the National
  273  Commission for Certifying Agencies.
  274         (7)CERTIFICATION PROGRAM REQUIREMENTS.—A certification
  275  program of a third-party credentialing entity that is approved
  276  by the department must:
  277         (a)Be established according to the standards set forth by
  278  the National Commission for Certifying Agencies.
  279         (b)Be directly related to the core competencies.
  280         (c)Establish minimum requirements in each of the following
  281  categories:
  282         1. Formal education.
  283         2. Training.
  284         3. On-the-job work experience.
  285         4. Supervision.
  286         5. Testing.
  287         6. Biannual continuing education.
  288         (d)Administer a professional code of ethics and
  289  disciplinary process that applies to all certified persons.
  290         (e)Administer and maintain a publicly accessible Internet
  291  based database that contains information on each person who
  292  applies for or who holds certification.
  293         (f) Approve qualified training entities that provide
  294  precertification training to applicants and continuing education
  295  to certified assisted living facility administrators.
  296         Section 5. Except as otherwise expressly provided in this
  297  act, this act shall take effect July 1, 2013.