Florida Senate - 2014 SB 316
By Senator Bean
4-00319B-14 2014316__
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 personal care staff of a facility under certain
12 circumstances; authorizing the department to adopt
13 rules to establish staff training requirements;
14 providing for the future repeal of training and
15 educational requirements for administrators and
16 assisted living facility staff, requirements for new
17 administrators, continuing education requirements for
18 administrators, the adoption of rules, and
19 requirements for trainers; creating s. 429.55, F.S.,
20 relating to assisted living facility administrators;
21 providing legislative intent; providing definitions;
22 requiring the department to approve third-party
23 credentialing entities for the purpose of developing
24 and administering a professional credentialing program
25 for assisted living facility administrators;
26 prohibiting an approved third-party credentialing
27 entity or its affiliate from delivering training to an
28 applicant or continuing education to a
29 certificateholder; providing an appeal process for a
30 decision that denies initial certification or that
31 takes adverse action on a continued certification;
32 requiring an administrator to be certified by a third
33 party credentialing entity; providing that an assisted
34 living facility licensee that fails to employ a
35 certified administrator is subject to an
36 administrative fine; providing an exemption for an
37 administrator licensed under part II of ch. 468, F.S.;
38 requiring an approved third-party credentialing entity
39 to establish a process for certifying persons who meet
40 certain qualifications; requiring an approved third
41 party credentialing entity to establish core
42 competency requirements according to nationally
43 recognized certification and psychometric standards;
44 requiring a third-party credentialing entity to meet
45 certain certification program requirements; requiring
46 a third-party credentialing entity to set certain
47 fees; providing effective dates.
48
49 Be It Enacted by the Legislature of the State of Florida:
50
51 Section 1. Effective July 1, 2015, paragraphs (a) and (b)
52 of subsection (2) of section 429.178, Florida Statutes, are
53 amended to read:
54 429.178 Special care for persons with Alzheimer’s disease
55 or other related disorders.—
56 (2)(a) An individual who is employed by a facility that
57 provides special care for residents with Alzheimer’s disease or
58 other related disorders, and who has regular contact with such
59 residents, must complete up to 4 hours of initial dementia
60 specific training developed or approved by the department. The
61 training must shall be completed within 3 months after beginning
62 employment and shall satisfy the core training requirements of
63 s. 429.52(2)(g).
64 (b) A direct caregiver who is employed by a facility that
65 provides special care for residents with Alzheimer’s disease or
66 other related disorders, and who provides direct care to such
67 residents, must complete the required initial training and 4
68 additional hours of training developed or approved by the
69 department. The training must shall be completed within 9 months
70 after beginning employment and shall satisfy the core training
71 requirements of s. 429.52(2)(g).
72 Section 2. Section 429.52, Florida Statutes, is amended to
73 read:
74 429.52 Staff training and educational programs; core
75 educational requirement.—
76 (1) Administrators and other assisted living facility staff
77 must meet minimum training and education requirements
78 established by the Department of Elderly Affairs by rule. This
79 training and education is intended to assist facilities to
80 appropriately respond to the needs of residents, to maintain
81 resident care and facility standards, and to meet licensure
82 requirements. Effective July 1, 2015, administrators must meet
83 the minimum training and education requirements established
84 under s. 429.55.
85 (2) The department, in conjunction with the agency and
86 providers, shall develop a competency test. The department shall
87 determine establish a competency test and the a minimum required
88 score indicating to indicate successful completion of the
89 training and educational requirements. The competency test must
90 be developed by the department in conjunction with the agency
91 and providers. The required training and education must cover at
92 least the following topics:
93 (a) State law and rules relating to assisted living
94 facilities.
95 (b) Resident rights and identifying and reporting abuse,
96 neglect, and exploitation.
97 (c) Special needs of elderly persons, persons who have with
98 mental illness, and persons who have with developmental
99 disabilities and how to meet those needs.
100 (d) Nutrition and food service, including acceptable
101 sanitation practices for preparing, storing, and serving food.
102 (e) Medication management, recordkeeping, and proper
103 techniques for assisting residents with self-administered
104 medication.
105 (f) Firesafety requirements, including fire evacuation
106 drill procedures and other emergency procedures.
107 (g) Care of persons who have with Alzheimer’s disease and
108 related disorders.
109 (3) Effective January 1, 2004, A new facility administrator
110 must:
111 (a) Complete the required training and education, including
112 the competency test, within a reasonable time after being
113 employed as an administrator, as determined by the department;
114 or
115 (b) Before July 1, 2015, earn and maintain certification as
116 an assisted living facility administrator as provided under s.
117 429.55.
118
119 Failure to meet the requirements of this subsection do so is a
120 violation of this part and subjects the violator to an
121 administrative fine as prescribed in s. 429.19. An administrator
122 Administrators licensed under in accordance with part II of
123 chapter 468 is are exempt from this subsection requirement.
124 Other licensed professionals may be exempted, as determined by
125 the department by rule.
126 (4) An administrator is Administrators are required to
127 participate in continuing education for a minimum of 12 contact
128 hours every 2 years.
129 (5) Staff involved with the management of medications and
130 assisting with the self-administration of medications under s.
131 429.256 must complete a minimum of 4 additional hours of
132 training provided by a registered nurse, licensed pharmacist, or
133 department staff. The department shall establish by rule the
134 minimum requirements of this additional training.
135 (6) Other facility staff shall participate in training
136 relevant to their respective job duties as specified by rule of
137 the department.
138 (7) If the department or the agency determines that there
139 is a need for are problems in a facility that could be reduced
140 through specific staff training or education beyond that already
141 required under this section for personal care staff of a
142 facility, the department or the agency may require, and provide,
143 or cause to be provided, such the training or education of any
144 personal care staff in the facility. This subsection does not
145 apply to an assisted living facility administrator certified
146 under s. 429.55.
147 (8) The department shall adopt rules related to these
148 training requirements, and the competency test as required under
149 this section, necessary procedures, and competency test fees,
150 and shall adopt or contract with another entity to develop a
151 curriculum, which shall serve as the be used as the minimum core
152 training requirements. The department shall consult with
153 representatives of stakeholder associations and agencies in the
154 development of the curriculum.
155 (9) The training required under by this section must shall
156 be conducted by a person persons registered with the department
157 who has demonstrated as having the requisite experience and
158 credentials to conduct the training. A person seeking to
159 register as a trainer must provide the department with proof of
160 completion of the minimum core training education requirements,
161 successful passage of the competency test established under this
162 section, and proof of compliance with the continuing education
163 requirement in subsection (4).
164 (10) A person seeking to register as a trainer must also:
165 (a) Provide proof of completion of a 4-year degree from an
166 accredited college or university and must have worked in a
167 management position in an assisted living facility for 3 years
168 after being core certified;
169 (b) Have worked in a management position in an assisted
170 living facility for 5 years after being core certified and have
171 1 year of teaching experience as an educator or staff trainer
172 for persons who work in assisted living facilities or other
173 long-term care settings;
174 (c) Have been previously employed as a core trainer for the
175 department; or
176 (d) Meet other qualification criteria as defined by
177 department rule in rule, which the department is authorized to
178 adopt.
179 (11) The department may shall adopt rules establishing to
180 establish trainer registration requirements for staff training.
181 Section 3. Effective July 1, 2015, section 429.52, Florida
182 Statutes, as amended by this act, is amended to read:
183 429.52 Staff training and educational programs; core
184 educational requirement.—
185 (1) Administrators and other Assisted living facility staff
186 must meet minimum training and education requirements
187 established by the Department of Elderly Affairs by rule. This
188 training and education is intended to assist facilities to
189 appropriately respond to the needs of residents, to maintain
190 resident care and facility standards, and to meet licensure
191 requirements. Effective July 1, 2015, administrators must meet
192 the minimum training and education requirements established
193 under s. 429.55.
194 (2) The department, in conjunction with the agency and
195 providers, shall develop a competency test. The department shall
196 determine the minimum required score indicating successful
197 completion of the training and educational requirements. The
198 required training and education must cover at least the
199 following topics:
200 (a) State law and rules relating to assisted living
201 facilities.
202 (b) Resident rights and identifying and reporting abuse,
203 neglect, and exploitation.
204 (c) Special needs of elderly persons, persons who have
205 mental illness, and persons who have developmental disabilities
206 and how to meet those needs.
207 (d) Nutrition and food service, including acceptable
208 sanitation practices for preparing, storing, and serving food.
209 (e) Medication management, recordkeeping, and proper
210 techniques for assisting residents with self-administered
211 medication.
212 (f) Firesafety requirements, including fire evacuation
213 drill procedures and other emergency procedures.
214 (g) Care of persons who have Alzheimer’s disease and
215 related disorders.
216 (3) A new facility administrator must:
217 (a) Complete the required training and education, including
218 the competency test, within a reasonable time after being
219 employed as an administrator, as determined by the department;
220 or
221 (b) Before July 1, 2015, earn and maintain certification as
222 an assisted living facility administrator as provided under s.
223 429.55.
224
225 Failure to meet the requirements of this subsection is a
226 violation of this part and subjects the violator to an
227 administrative fine as prescribed in s. 429.19. An administrator
228 licensed under part II of chapter 468 is exempt from this
229 subsection.
230 (4) An administrator is required to participate in
231 continuing education for a minimum of 12 contact hours every 2
232 years.
233 (2)(5) Staff involved with the management of medications
234 and assisting with the self-administration of medications under
235 s. 429.256 must complete a minimum of 4 additional hours of
236 training provided by a registered nurse, licensed pharmacist, or
237 department staff. The department shall establish by rule the
238 minimum requirements of this additional training.
239 (3)(6) Other facility staff shall participate in training
240 relevant to their respective job duties as specified by rule of
241 the department.
242 (4)(7) If the department determines that there is a need
243 for specific staff training or education beyond that already
244 required under this section for personal care staff of a
245 facility, the department may require and provide, or cause to be
246 provided, such training or education. This subsection does not
247 apply to an assisted living facility administrator certified
248 under s. 429.55.
249 (8) The department shall adopt rules related to these
250 training requirements, and the competency test as required under
251 this section, necessary procedures, and competency test fees,
252 and shall adopt or contract with another entity to develop a
253 curriculum, which shall serve as the be used as the minimum core
254 training requirements. The department shall consult with
255 representatives of stakeholder associations and agencies in the
256 development of the curriculum.
257 (9) The training required under this section must be
258 conducted by a person registered with the department who has
259 demonstrated requisite experience and credentials. A person
260 seeking to register as a trainer must provide the department
261 with proof of completion of the minimum core training education
262 requirements, successful passage of the competency test
263 established under this section, and proof of compliance with the
264 continuing education requirement in subsection (4).
265 (10) A person seeking to register as a trainer must also:
266 (a) Provide proof of completion of a 4-year degree from an
267 accredited college or university and must have worked in a
268 management position in an assisted living facility for 3 years
269 after being core certified;
270 (b) Have worked in a management position in an assisted
271 living facility for 5 years after being core certified and have
272 1 year of teaching experience as an educator or staff trainer
273 for persons who work in assisted living facilities or other
274 long-term care settings;
275 (c) Have been previously employed as a core trainer for the
276 department; or
277 (d) Meet other qualification criteria as defined by
278 department rule.
279 (5)(11) The department may adopt rules establishing
280 requirements for staff training.
281 Section 4. Section 429.55, Florida Statutes, is created to
282 read:
283 429.55 Assisted living facility administrator
284 certification.—
285 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
286 that an assisted living facility administrator earn and maintain
287 professional certification from a third-party credentialing
288 entity approved by the Department of Elderly Affairs. The
289 Legislature further intends that certification ensures that an
290 administrator has the competencies necessary to appropriately
291 respond to the needs of residents, to maintain resident care and
292 facility standards, and to meet facility licensure requirements.
293 The Legislature recognizes professional certification by a
294 nationally recognized professional credentialing organization as
295 an equivalent alternative to a state-run licensure program and,
296 therefore, intends that certification pursuant to this section
297 is sufficient as an acceptable alternative to licensure.
298 (2) DEFINITIONS.—As used in this section, the term:
299 (a) “Assisted living facility administrator certification”
300 or “administrator certification” means a professional credential
301 awarded by a department-approved third-party credentialing
302 entity to a person who meets core competency requirements in
303 assisted living facility practice areas.
304 (b) “Core competency” means the minimum knowledge and
305 skills necessary to carry out work responsibilities.
306 (c) “Nonprofit organization” means an organization that is
307 exempt from federal income tax under s. 501(c)(6) of the
308 Internal Revenue Code.
309 (d) “Third-party credentialing entity” or “credentialing
310 entity” means a nonprofit organization that develops and
311 administers professional certification programs according to
312 nationally recognized certification and psychometric standards.
313 (3) THIRD-PARTY CREDENTIALING ENTITIES.—
314 (a) The department shall approve one or more third-party
315 credentialing entities for the purpose of developing and
316 administering a professional credentialing program for
317 administrators. Within 90 days after receiving documentation
318 from a credentialing entity, the department shall approve a
319 credentialing entity that demonstrates compliance with the
320 following minimum standards:
321 1. Establishment of assisted living facility administrator
322 core competencies, certification standards, testing instruments,
323 and recertification according to nationally recognized
324 certification and psychometric standards.
325 2. Establishment of a process to administer the
326 certification application, award, and maintenance processes.
327 3. Demonstrated ability to administer a professional code
328 of ethics and a disciplinary process that applies to all
329 certified persons.
330 4. Establishment of, and ability to maintain, a publicly
331 accessible Internet-based database that contains information on
332 each person who applies for and holds certification, including,
333 but not limited to, the person’s first and last name,
334 certification status, and ethical or disciplinary history.
335 5. Demonstrated ability to administer biennial continuing
336 education and certification renewal requirements.
337 6. Demonstrated ability to administer an education provider
338 program to approve training entities that are qualified to
339 provide precertification training to applicants and continuing
340 education opportunities to certified professionals.
341 (b) To avoid a conflict of interest, a credentialing entity
342 or its affiliate may not deliver training to an applicant or
343 continuing education to a certificate holder.
344 (c) An individual adversely affected by the decision of a
345 department-approved credentialing entity to deny initial
346 certification or take adverse action on continued certification
347 may appeal such action to the department for final
348 determination.
349 (4) ASSISTED LIVING FACILITY ADMINISTRATOR CERTIFICATION
350 REQUIRED.—Effective July 1, 2015, an assisted living facility
351 administrator must be certified by a credentialing entity that
352 is approved by the department under this section. An assisted
353 living facility licensee that fails to employ a certified
354 administrator threatens the physical and emotional health and
355 safety of residents and is subject to an administrative fine as
356 provided in s. 429.19. This subsection does not apply to an
357 administrator licensed under part II of chapter 468.
358 (5) GRANDFATHER CLAUSE.—A credentialing entity that is
359 approved by the department shall establish a process, at no cost
360 to the department or the person, to certify a person who:
361 (a) Is employed as an assisted living facility
362 administrator and is in compliance with the requirements in s.
363 429.52, including continuing education requirements in place
364 before July 1, 2015; or
365 (b) Before July 1, 2015, completed the required training as
366 an administrator, including the competency test and continuing
367 education requirements established under s. 429.52.
368 (c) This subsection shall stand repealed on October 1,
369 2015.
370 (6) CORE COMPETENCIES.—A credentialing entity that is
371 approved by the department shall establish the core competencies
372 for assisted living facility administrators according to
373 nationally recognized certification and psychometric standards.
374 (7) CERTIFICATION PROGRAM REQUIREMENTS.—A certification
375 program of a department-approved credentialing entity must:
376 (a) Be established according to nationally recognized
377 certification and psychometric standards.
378 (b) Be directly related to the core competencies.
379 (c) Establish minimum requirements in each of the following
380 categories:
381 1. Formal education.
382 2. Training.
383 3. On-the-job work experience.
384 4. Supervision.
385 5. Testing.
386 6. Biennial continuing education.
387 (d) Administer a professional code of ethics and a
388 disciplinary process that applies to certified persons.
389 (e) Administer and maintain a publicly accessible Internet
390 based database that contains information on each person who
391 applies for or holds certification.
392 (f) Approve qualified training entities that provide
393 precertification training to applicants and continuing education
394 to certified assisted living facility administrators.
395 (8) FEES.—A credentialing entity shall set a fee for
396 application, examination, certification, and for biennial
397 certification renewal. The fee for application, examination, and
398 certification may not exceed $225. The fee for biennial
399 certification renewal may not exceed $100.
400 Section 5. Except as otherwise expressly provided in this
401 act, this act shall take effect July 1, 2014.