Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 316
Ì6996226Î699622
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/25/2014 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
(Grimsley) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 429.52, Florida Statutes, is amended to
6 read:
7 429.52 Staff training and educational programs; core
8 educational requirement.—
9 (1) Effective July 1, 2014, administrators shall meet the
10 minimum training and education requirements established by a
11 third-party credentialing entity pursuant to s. 429.55 or by the
12 Department of Elderly Affairs by rule. and Other assisted living
13 facility staff shall must meet minimum training and education
14 requirements established by the department of Elderly Affairs by
15 rule. This training and education is intended to assist
16 facilities to appropriately respond to the needs of residents,
17 to maintain resident care and facility standards, and to meet
18 licensure requirements.
19 (2) The department shall establish a competency test and a
20 minimum required score to indicate successful completion of the
21 training and educational requirements. The department shall
22 develop the competency test must be developed by the department
23 in conjunction with the agency and providers. A third-party
24 credentialing entity approved under s. 429.55 must also develop
25 a competency test and a minimum required score to indicate
26 successful completion of the training and educational
27 requirements. The required training and education must cover at
28 least the following topics:
29 (a) State law and rules relating to assisted living
30 facilities.
31 (b) Resident rights and identifying and reporting abuse,
32 neglect, and exploitation.
33 (c) Special needs of elderly persons, persons with mental
34 illness, and persons with developmental disabilities and how to
35 meet those needs.
36 (d) Nutrition and food service, including acceptable
37 sanitation practices for preparing, storing, and serving food.
38 (e) Medication management, recordkeeping, and proper
39 techniques for assisting residents with self-administered
40 medication.
41 (f) Firesafety requirements, including fire evacuation
42 drill procedures and other emergency procedures.
43 (g) Care of persons who have with Alzheimer’s disease and
44 related disorders.
45 (3) Effective January 1, 2004, A new facility administrator
46 hired on or after July 1, 2014, must:
47 (a) Complete the required training and education, including
48 the competency test, within a reasonable time after being
49 employed as an administrator, as determined by the department;
50 or
51 (b) Earn and maintain certification as an assisted living
52 facility administrator from a third-party credentialing entity
53 that is approved by the department as provided in s. 429.55.
54
55 Failure of a facility administrator to comply with paragraph (a)
56 or paragraph (b) do so is a violation of this part and subjects
57 the violator to an administrative fine as prescribed in s.
58 429.19. Administrators licensed in accordance with part II of
59 chapter 468 are exempt from this requirement. Other licensed
60 professionals may be exempted, as determined by the department
61 by rule.
62 (4) Administrators shall are required to participate in
63 continuing education for a minimum of 12 contact hours every 2
64 years.
65 (5) Staff involved with the management of medications and
66 assisting with the self-administration of medications under s.
67 429.256 must complete a minimum of 4 additional hours of
68 training provided by a registered nurse, licensed pharmacist, or
69 department staff. The department shall establish by rule the
70 minimum requirements of this additional training.
71 (6) Other facility staff shall participate in training
72 relevant to their job duties as specified by rule of the
73 department.
74 (7) If the department or the agency determines that there
75 is a need for are problems in a facility that could be reduced
76 through specific staff training or education beyond that already
77 required under this section, the department or the agency may
78 require, and provide, or cause to be provided, the training or
79 education of any personal care staff in the facility. However,
80 this subsection does not apply to an assisted living facility
81 administrator certified under s. 429.55.
82 (8) The department shall adopt rules related to these
83 training requirements, the competency test, necessary
84 procedures, and competency test fees and shall adopt or contract
85 with another entity to develop a curriculum, which shall be used
86 as the minimum core training requirements. The department shall
87 consult with representatives of stakeholder associations and
88 agencies in the development of the curriculum.
89 (9) The training required by this section must shall be
90 conducted by a person who is persons registered with the
91 department as having the requisite experience and credentials to
92 conduct the training or by a training entity recognized by a
93 third-party credentialing entity under s. 429.55(7)(f). A person
94 seeking to register as a trainer must provide the department
95 with proof of completion of the minimum core training education
96 requirements, successful passage of the competency test
97 established under this section, and proof of compliance with the
98 continuing education requirement in subsection (4).
99 (10) A person seeking to register as a trainer must also:
100 (a) Provide proof of completion of a 4-year degree from an
101 accredited college or university and must have worked in a
102 management position in an assisted living facility for 3 years
103 after being core certified;
104 (b) Have worked in a management position in an assisted
105 living facility for 5 years after being core certified and have
106 1 year of teaching experience as an educator or staff trainer
107 for persons who work in assisted living facilities or other
108 long-term care settings;
109 (c) Have been previously employed as a core trainer for the
110 department; or
111 (d) Meet other qualification criteria as defined in rule,
112 which the department may is authorized to adopt.
113 (11) The department may shall adopt rules to establish
114 staff training trainer registration requirements.
115 Section 2. Section 429.55, Florida Statutes, is created to
116 read:
117 429.55 Assisted living facility administrator;
118 certification.—
119 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
120 that each assisted living facility administrator have the option
121 to earn and maintain professional certification from a third
122 party credentialing entity that is approved by the Department of
123 Elderly Affairs. The Legislature further intends that
124 certification ensure that an administrator has the competencies
125 necessary to appropriately respond to the needs of residents, to
126 maintain resident care and facility standards, and to meet
127 licensure requirements for a facility. The Legislature
128 recognizes professional certification by a professional
129 credentialing organization as an equivalent alternative to a
130 state-run licensure program and, therefore, intends that
131 certification pursuant to this section is sufficient as an
132 acceptable alternative to the training and educational
133 requirements of s. 429.52.
134 (2) DEFINITIONS.—As used in this section, the term:
135 (a) “Assisted living facility administrator certification”
136 means a professional credential awarded by a department-approved
137 third-party credentialing entity to a person who meets core
138 competency requirements in assisted living facility practice
139 areas.
140 (b) “Core competency” means the minimum knowledge and
141 skills necessary to carry out work responsibilities.
142 (c) “Department” means the Department of Elderly Affairs.
143 (d) “Third-party credentialing entity” means an
144 organization that develops and administers certification
145 programs according to the standards established by the National
146 Commission for Certifying Agencies.
147 (3) THIRD-PARTY CREDENTIALING ENTITIES.—The department
148 shall approve one or more third-party credentialing entities for
149 the purpose of developing and administering a professional
150 credentialing program for administrators. Within 90 days after
151 receiving documentation from a third-party credentialing entity,
152 the department shall approve a third-party credentialing entity
153 that demonstrates compliance with the following minimum
154 standards:
155 (a) Establishment of assisted living facility administrator
156 core competencies, certification standards, testing instruments,
157 and recertification standards according to national psychometric
158 standards.
159 (b) Establishment of a process to administer the
160 certification application, award, and maintenance processes
161 according to national psychometric standards.
162 (c) Demonstrated ability to administer a professional code
163 of ethics and disciplinary process that applies to all certified
164 persons.
165 (d) Establishment of, and ability to maintain a publicly
166 accessible Internet-based database that contains information on
167 each person who applies for and is awarded certification, such
168 as the person’s first and last name, certification status, and
169 ethical or disciplinary history.
170 (e) Demonstrated ability to administer biannual continuing
171 education and certification renewal requirements.
172 (f) Demonstrated ability to administer an education
173 provider program to approve qualified training entities and to
174 provide precertification training to applicants and continuing
175 education opportunities to certified professionals.
176 (4) ASSISTED LIVING FACILITY ADMINISTRATOR CERTIFICATION.
177 Effective July 1, 2014, an assisted living facility
178 administrator may be certified by a third-party credentialing
179 entity that is approved by the department under this section. An
180 assisted living facility administrator who fails to be certified
181 under this section or fails to meet training and educational
182 requirements of s. 429.52 violates this section and is subject
183 to an administrative fine as provided under s. 429.19. This
184 subsection does not apply to an administrator licensed under
185 part II of chapter 468.
186 (5) GRANDFATHER CLAUSE.—A third-party credentialing entity
187 shall allow the following persons to enroll in its certification
188 program, at no cost to the department or the person, in the 12
189 months immediately after the department approves the third-party
190 credentialing entity as provided in subsection (3):
191 (a) A person who is employed as an assisted living facility
192 administrator and is in compliance with the requirements in s.
193 429.52, including continuing education requirements in place
194 before July 1, 2014.
195 (b) A person who has completed before July 1, 2014, the
196 required training as an administrator, including the competency
197 test and continuing education requirements established in s.
198 429.52.
199 (6) CORE COMPETENCIES.—A third-party credentialing entity
200 that is approved by the department shall establish the core
201 competencies for assisted living facility administrators
202 according to the standards established by the National
203 Commission for Certifying Agencies.
204 (7) CERTIFICATION PROGRAM REQUIREMENTS.—A certification
205 program of a third-party credentialing entity that is approved
206 by the department must:
207 (a) Be established according to the standards set forth by
208 the National Commission for Certifying Agencies.
209 (b) Be directly related to the core competencies.
210 (c) Establish minimum requirements in each of the following
211 categories:
212 1. Formal education.
213 2. Training.
214 3. On-the-job work experience.
215 4. Supervision.
216 5. Testing.
217 6. Biannual continuing education.
218 (d) Administer a professional code of ethics and
219 disciplinary process that applies to all certified persons.
220 (e) Administer and maintain a publicly accessible Internet
221 based database that contains information on each person who
222 applies for certification or is certified.
223 (f) Approve qualified training entities that provide
224 precertification training to applicants and continuing education
225 to certified assisted living facility administrators.
226 (8) APPEAL.—An individual who is adversely affected by the
227 decision of a department-approved, third-party credentialing
228 entity with regard to the denial of initial certification or an
229 adverse action on continued certification may appeal such
230 decision to the department for a final determination.
231 Section 3. This act shall take effect July 1, 2014.
232
233 ================= T I T L E A M E N D M E N T ================
234 And the title is amended as follows:
235 Delete everything before the enacting clause
236 and insert:
237 A bill to be entitled
238 An act relating to certification of assisted living
239 facility administrators; amending s. 429.52, F.S.;
240 requiring assisted living facility administrators to
241 meet the training and education requirements
242 established by a third-party credentialing entity or
243 by the Department of Elderly Affairs; requiring the
244 department to establish a competency test; requiring a
245 third-party credentialing entity to develop a
246 competency test and a minimum required score to
247 indicate successful completion of the training and
248 educational requirements; revising requirements for
249 facility administrators who are hired on or after a
250 specified date; authorizing the department to require
251 additional training and education of any personal care
252 staff in the facility, except for certain assisted
253 living facility administrators; requiring training to
254 be conducted by an entity recognized by a third-party
255 credentialing entity under s. 429.55, F.S.;
256 authorizing the department to adopt rules to establish
257 staff training requirements; creating s. 429.55, F.S.;
258 providing legislative intent; defining terms;
259 authorizing the department to approve third-party
260 credentialing entities for the purpose of developing
261 and administering a professional credentialing program
262 for assisted living facility administrators; requiring
263 the department to approve a third-party credentialing
264 entity that documents compliance with certain minimum
265 standards; authorizing an administrator to be
266 certified by a third-party credentialing entity;
267 providing that an administrator who fails to be
268 certified under s. 429.55, F.S., or fails to complete
269 training and educational requirements under s. 429.55
270 is subject to an administrative fine; providing an
271 exemption for an administrator licensed under part II
272 of ch. 468, F.S.; requiring a third-party
273 credentialing entity to allow certain persons to
274 enroll in its certification program for a specified
275 time after the department approves the third-party
276 credentialing entity; requiring an approved third
277 party credentialing entity to establish the core
278 competencies for administrators according to the
279 standards set forth by the National Commission for
280 Certifying Agencies; requiring a certification program
281 of a third-party credentialing entity to meet certain
282 requirements; authorizing an individual adversely
283 affected by the decision of a third-party
284 credentialing entity to appeal the decision under
285 certain circumstances; providing an effective date.