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.