Florida Senate - 2014                              CS for SB 316
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Bean
       
       
       
       
       586-03141-14                                           2014316c1
    1                        A bill to be entitled                      
    2         An act relating to certification of assisted living
    3         facility administrators; amending s. 429.52, F.S.;
    4         requiring assisted living facility administrators to
    5         meet the training and education requirements
    6         established by a third-party credentialing entity or
    7         by the Department of Elderly Affairs; requiring the
    8         department to establish a competency test; requiring a
    9         third-party credentialing entity to develop a
   10         competency test and a minimum required score to
   11         indicate successful completion of the training and
   12         educational requirements; revising requirements for
   13         facility administrators who are hired on or after a
   14         specified date; authorizing the department to require
   15         additional training and education of any personal care
   16         staff in the facility, except for certain assisted
   17         living facility administrators; requiring training to
   18         be conducted by an entity recognized by a third-party
   19         credentialing entity under s. 429.55, F.S.;
   20         authorizing the department to adopt rules to establish
   21         staff training requirements; creating s. 429.55, F.S.;
   22         providing legislative intent; defining terms;
   23         authorizing the department to approve third-party
   24         credentialing entities for the purpose of developing
   25         and administering a professional credentialing program
   26         for assisted living facility administrators; requiring
   27         the department to approve a third-party credentialing
   28         entity that documents compliance with certain minimum
   29         standards; authorizing an administrator to be
   30         certified by a third-party credentialing entity;
   31         providing that an administrator who fails to be
   32         certified under s. 429.55, F.S., or fails to complete
   33         training and educational requirements under s. 429.55
   34         is subject to an administrative fine; providing an
   35         exemption for an administrator licensed under part II
   36         of ch. 468, F.S.; requiring a third-party
   37         credentialing entity to allow certain persons to
   38         enroll in its certification program for a specified
   39         time after the department approves the third-party
   40         credentialing entity; requiring an approved third
   41         party credentialing entity to establish the core
   42         competencies for administrators according to the
   43         standards set forth by the National Commission for
   44         Certifying Agencies; requiring a certification program
   45         of a third-party credentialing entity to meet certain
   46         requirements; authorizing an individual adversely
   47         affected by the decision of a third-party
   48         credentialing entity to appeal the decision under
   49         certain circumstances; providing an effective date.
   50          
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Section 429.52, Florida Statutes, is amended to
   54  read:
   55         429.52 Staff training and educational programs; core
   56  educational requirement.—
   57         (1) Effective July 1, 2014, administrators shall meet the
   58  minimum training and education requirements established by a
   59  third-party credentialing entity pursuant to s. 429.55 or by the
   60  Department of Elderly Affairs by rule. and Other assisted living
   61  facility staff shall must meet minimum training and education
   62  requirements established by the department of Elderly Affairs by
   63  rule. This training and education is intended to assist
   64  facilities to appropriately respond to the needs of residents,
   65  to maintain resident care and facility standards, and to meet
   66  licensure requirements.
   67         (2) The department shall establish a competency test and a
   68  minimum required score to indicate successful completion of the
   69  training and educational requirements. The department shall
   70  develop the competency test must be developed by the department
   71  in conjunction with the agency and providers. A third-party
   72  credentialing entity approved under s. 429.55 must also develop
   73  a competency test and a minimum required score to indicate
   74  successful completion of the training and educational
   75  requirements. The required training and education must cover at
   76  least the following topics:
   77         (a) State law and rules relating to assisted living
   78  facilities.
   79         (b) Resident rights and identifying and reporting abuse,
   80  neglect, and exploitation.
   81         (c) Special needs of elderly persons, persons with mental
   82  illness, and persons with developmental disabilities and how to
   83  meet those needs.
   84         (d) Nutrition and food service, including acceptable
   85  sanitation practices for preparing, storing, and serving food.
   86         (e) Medication management, recordkeeping, and proper
   87  techniques for assisting residents with self-administered
   88  medication.
   89         (f) Firesafety requirements, including fire evacuation
   90  drill procedures and other emergency procedures.
   91         (g) Care of persons who have with Alzheimer’s disease and
   92  related disorders.
   93         (3) Effective January 1, 2004, A new facility administrator
   94  hired on or after July 1, 2014, must:
   95         (a) Complete the required training and education, including
   96  the competency test, within a reasonable time after being
   97  employed as an administrator, as determined by the department;
   98  or
   99         (b) Earn and maintain certification as an assisted living
  100  facility administrator from a third-party credentialing entity
  101  that is approved by the department as provided in s. 429.55.
  102  
  103  Failure of a facility administrator to comply with paragraph (a)
  104  or paragraph (b) do so is a violation of this part and subjects
  105  the violator to an administrative fine as prescribed in s.
  106  429.19. Administrators licensed in accordance with part II of
  107  chapter 468 are exempt from this requirement. Other licensed
  108  professionals may be exempted, as determined by the department
  109  by rule.
  110         (4) Administrators shall are required to participate in
  111  continuing education for a minimum of 12 contact hours every 2
  112  years.
  113         (5) Staff involved with the management of medications and
  114  assisting with the self-administration of medications under s.
  115  429.256 must complete a minimum of 4 additional hours of
  116  training provided by a registered nurse, licensed pharmacist, or
  117  department staff. The department shall establish by rule the
  118  minimum requirements of this additional training.
  119         (6) Other facility staff shall participate in training
  120  relevant to their job duties as specified by rule of the
  121  department.
  122         (7) If the department or the agency determines that there
  123  is a need for are problems in a facility that could be reduced
  124  through specific staff training or education beyond that already
  125  required under this section, the department or the agency may
  126  require, and provide, or cause to be provided, the training or
  127  education of any personal care staff in the facility. However,
  128  this subsection does not apply to an assisted living facility
  129  administrator certified under s. 429.55.
  130         (8) The department shall adopt rules related to these
  131  training requirements, the competency test, necessary
  132  procedures, and competency test fees and shall adopt or contract
  133  with another entity to develop a curriculum, which shall be used
  134  as the minimum core training requirements. The department shall
  135  consult with representatives of stakeholder associations and
  136  agencies in the development of the curriculum.
  137         (9) The training required by this section must shall be
  138  conducted by a person who is persons registered with the
  139  department as having the requisite experience and credentials to
  140  conduct the training or by a training entity recognized by a
  141  third-party credentialing entity under s. 429.55(7)(f). A person
  142  seeking to register as a trainer must provide the department
  143  with proof of completion of the minimum core training education
  144  requirements, successful passage of the competency test
  145  established under this section, and proof of compliance with the
  146  continuing education requirement in subsection (4).
  147         (10) A person seeking to register as a trainer must also:
  148         (a) Provide proof of completion of a 4-year degree from an
  149  accredited college or university and must have worked in a
  150  management position in an assisted living facility for 3 years
  151  after being core certified;
  152         (b) Have worked in a management position in an assisted
  153  living facility for 5 years after being core certified and have
  154  1 year of teaching experience as an educator or staff trainer
  155  for persons who work in assisted living facilities or other
  156  long-term care settings;
  157         (c) Have been previously employed as a core trainer for the
  158  department; or
  159         (d) Meet other qualification criteria as defined in rule,
  160  which the department may is authorized to adopt.
  161         (11) The department may shall adopt rules to establish
  162  staff training trainer registration requirements.
  163         Section 2. Section 429.55, Florida Statutes, is created to
  164  read:
  165         429.55 Assisted living facility administrator;
  166  certification.—
  167         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  168  that each assisted living facility administrator have the option
  169  to earn and maintain professional certification from a third
  170  party credentialing entity that is approved by the Department of
  171  Elderly Affairs. The Legislature further intends that
  172  certification ensure that an administrator has the competencies
  173  necessary to appropriately respond to the needs of residents, to
  174  maintain resident care and facility standards, and to meet
  175  licensure requirements for a facility. The Legislature
  176  recognizes professional certification by a professional
  177  credentialing organization as an equivalent alternative to a
  178  state-run licensure program and, therefore, intends that
  179  certification pursuant to this section is sufficient as an
  180  acceptable alternative to the training and educational
  181  requirements of s. 429.52.
  182         (2) DEFINITIONS.—As used in this section, the term:
  183         (a) “Assisted living facility administrator certification”
  184  means a professional credential awarded by a department-approved
  185  third-party credentialing entity to a person who meets core
  186  competency requirements in assisted living facility practice
  187  areas.
  188         (b) “Core competency” means the minimum knowledge and
  189  skills necessary to carry out work responsibilities.
  190         (c) “Department” means the Department of Elderly Affairs.
  191         (d) “Third-party credentialing entity” means an
  192  organization that develops and administers certification
  193  programs according to the standards established by the National
  194  Commission for Certifying Agencies.
  195         (3) THIRD-PARTY CREDENTIALING ENTITIES.—The department
  196  shall approve one or more third-party credentialing entities for
  197  the purpose of developing and administering a professional
  198  credentialing program for administrators. Within 90 days after
  199  receiving documentation from a third-party credentialing entity,
  200  the department shall approve a third-party credentialing entity
  201  that demonstrates compliance with the following minimum
  202  standards:
  203         (a) Establishment of assisted living facility administrator
  204  core competencies, certification standards, testing instruments,
  205  and recertification standards according to national psychometric
  206  standards.
  207         (b) Establishment of a process to administer the
  208  certification application, award, and maintenance processes
  209  according to national psychometric standards.
  210         (c) Demonstrated ability to administer a professional code
  211  of ethics and disciplinary process that applies to all certified
  212  persons.
  213         (d) Establishment of, and ability to maintain a publicly
  214  accessible Internet-based database that contains information on
  215  each person who applies for and is awarded certification, such
  216  as the person’s first and last name, certification status, and
  217  ethical or disciplinary history.
  218         (e) Demonstrated ability to administer biannual continuing
  219  education and certification renewal requirements.
  220         (f) Demonstrated ability to administer an education
  221  provider program to approve qualified training entities and to
  222  provide precertification training to applicants and continuing
  223  education opportunities to certified professionals.
  224         (4) ASSISTED LIVING FACILITY ADMINISTRATOR CERTIFICATION.
  225  Effective July 1, 2014, an assisted living facility
  226  administrator may be certified by a third-party credentialing
  227  entity that is approved by the department under this section. An
  228  assisted living facility administrator who fails to be certified
  229  under this section or fails to meet training and educational
  230  requirements of s. 429.52 violates this section and is subject
  231  to an administrative fine as provided under s. 429.19. This
  232  subsection does not apply to an administrator licensed under
  233  part II of chapter 468.
  234         (5) GRANDFATHER CLAUSE.—A third-party credentialing entity
  235  shall allow the following persons to enroll in its certification
  236  program, at no cost to the department or the person, in the 12
  237  months immediately after the department approves the third-party
  238  credentialing entity as provided in subsection (3):
  239         (a) A person who is employed as an assisted living facility
  240  administrator and is in compliance with the requirements in s.
  241  429.52, including continuing education requirements in place
  242  before July 1, 2014.
  243         (b) A person who has completed before July 1, 2014, the
  244  required training as an administrator, including the competency
  245  test and continuing education requirements established in s.
  246  429.52.
  247         (6) CORE COMPETENCIES.—A third-party credentialing entity
  248  that is approved by the department shall establish the core
  249  competencies for assisted living facility administrators
  250  according to the standards established by the National
  251  Commission for Certifying Agencies.
  252         (7) CERTIFICATION PROGRAM REQUIREMENTS.—A certification
  253  program of a third-party credentialing entity that is approved
  254  by the department must:
  255         (a) Be established according to the standards set forth by
  256  the National Commission for Certifying Agencies.
  257         (b) Be directly related to the core competencies.
  258         (c) Establish minimum requirements in each of the following
  259  categories:
  260         1. Formal education.
  261         2. Training.
  262         3. On-the-job work experience.
  263         4. Supervision.
  264         5. Testing.
  265         6. Biannual continuing education.
  266         (d) Administer a professional code of ethics and
  267  disciplinary process that applies to all certified persons.
  268         (e) Administer and maintain a publicly accessible Internet
  269  based database that contains information on each person who
  270  applies for certification or is certified.
  271         (f) Approve qualified training entities that provide
  272  precertification training to applicants and continuing education
  273  to certified assisted living facility administrators.
  274         (8) APPEAL.—An individual who is adversely affected by the
  275  decision of a department-approved, third-party credentialing
  276  entity with regard to the denial of initial certification or an
  277  adverse action on continued certification may appeal such
  278  decision to the department for a final determination.
  279         Section 3. This act shall take effect July 1, 2014.