Florida Senate - 2014                       CS for CS for SB 316
       
       
        
       By the Committees on Health Policy; and Children, Families, and
       Elder Affairs; and Senator Bean
       
       
       
       
       588-03597-14                                           2014316c2
    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         F.S., is subject to an administrative fine; providing
   35         an exemption for an administrator licensed under part
   36         II 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         nationally recognized professional psychometric
   44         standards; requiring a certification program of a
   45         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; requiring a third-party
   50         credentialing entity to establish fees; providing an
   51         effective date.
   52          
   53  Be It Enacted by the Legislature of the State of Florida:
   54  
   55         Section 1. Section 429.52, Florida Statutes, is amended to
   56  read:
   57         429.52 Staff training and educational programs; core
   58  educational requirement.—
   59         (1) Effective July 1, 2014, administrators shall meet the
   60  minimum training and education requirements established by a
   61  third-party credentialing entity pursuant to s. 429.55 or by the
   62  Department of Elderly Affairs by rule. and Other assisted living
   63  facility staff shall must meet minimum training and education
   64  requirements established by the department of Elderly Affairs by
   65  rule. This training and education is intended to assist
   66  facilities to appropriately respond to the needs of residents,
   67  to maintain resident care and facility standards, and to meet
   68  licensure requirements.
   69         (2) The department shall establish a competency test and a
   70  minimum required score to indicate successful completion of the
   71  training and educational requirements. The department shall
   72  develop the competency test must be developed by the department
   73  in conjunction with the agency and providers. A third-party
   74  credentialing entity approved under s. 429.55 must also develop
   75  a competency test and a minimum required score to indicate
   76  successful completion of the training and educational
   77  requirements. The required training and education must cover at
   78  least the following topics:
   79         (a) State law and rules relating to assisted living
   80  facilities.
   81         (b) Resident rights and identifying and reporting abuse,
   82  neglect, and exploitation.
   83         (c) Special needs of elderly persons, persons with mental
   84  illness, and persons with developmental disabilities and how to
   85  meet those needs.
   86         (d) Nutrition and food service, including acceptable
   87  sanitation practices for preparing, storing, and serving food.
   88         (e) Medication management, recordkeeping, and proper
   89  techniques for assisting residents with self-administered
   90  medication.
   91         (f) Firesafety requirements, including fire evacuation
   92  drill procedures and other emergency procedures.
   93         (g) Care of persons who have with Alzheimer’s disease and
   94  related disorders.
   95         (3) Effective January 1, 2004, A new facility administrator
   96  hired on or after July 1, 2014, must:
   97         (a) Complete the required training and education, including
   98  the competency test, within a reasonable time after being
   99  employed as an administrator, as determined by the department;
  100  or
  101         (b) Earn and maintain certification as an assisted living
  102  facility administrator from a third-party credentialing entity
  103  that is approved by the department as provided in s. 429.55.
  104  
  105  Failure of a facility administrator to comply with paragraph (a)
  106  or paragraph (b) do so is a violation of this part and subjects
  107  the violator to an administrative fine as prescribed in s.
  108  429.19. Administrators licensed in accordance with part II of
  109  chapter 468 are exempt from this requirement. Other licensed
  110  professionals may be exempted, as determined by the department
  111  by rule.
  112         (4) Administrators shall are required to participate in
  113  continuing education for a minimum of 12 contact hours every 2
  114  years.
  115         (5) Staff involved with the management of medications and
  116  assisting with the self-administration of medications under s.
  117  429.256 must complete a minimum of 4 additional hours of
  118  training provided by a registered nurse, licensed pharmacist, or
  119  department staff. The department shall establish by rule the
  120  minimum requirements of this additional training.
  121         (6) Other facility staff shall participate in training
  122  relevant to their job duties as specified by rule of the
  123  department.
  124         (7) If the department or the agency determines that there
  125  is a need for are problems in a facility that could be reduced
  126  through specific staff training or education beyond that already
  127  required under this section, the department or the agency may
  128  require, and provide, or cause to be provided, the training or
  129  education of any personal care staff in the facility. However,
  130  this subsection does not apply to an assisted living facility
  131  administrator certified under s. 429.55.
  132         (8) The department shall adopt rules related to these
  133  training requirements, the competency test, necessary
  134  procedures, and competency test fees and shall adopt or contract
  135  with another entity to develop a curriculum, which shall be used
  136  as the minimum core training requirements. The department shall
  137  consult with representatives of stakeholder associations and
  138  agencies in the development of the curriculum.
  139         (9) The training required by this section must shall be
  140  conducted by a person who is persons registered with the
  141  department as having the requisite experience and credentials to
  142  conduct the training or by a training entity recognized by a
  143  third-party credentialing entity under s. 429.55(7)(f). A person
  144  seeking to register as a trainer must provide the department
  145  with proof of completion of the minimum core training education
  146  requirements, successful passage of the competency test
  147  established under this section, and proof of compliance with the
  148  continuing education requirement in subsection (4).
  149         (10) A person seeking to register as a trainer must also:
  150         (a) Provide proof of completion of a 4-year degree from an
  151  accredited college or university and must have worked in a
  152  management position in an assisted living facility for 3 years
  153  after being core certified;
  154         (b) Have worked in a management position in an assisted
  155  living facility for 5 years after being core certified and have
  156  1 year of teaching experience as an educator or staff trainer
  157  for persons who work in assisted living facilities or other
  158  long-term care settings;
  159         (c) Have been previously employed as a core trainer for the
  160  department; or
  161         (d) Meet other qualification criteria as defined in rule,
  162  which the department may is authorized to adopt.
  163         (11) The department may shall adopt rules to establish
  164  staff training trainer registration requirements.
  165         Section 2. Section 429.55, Florida Statutes, is created to
  166  read:
  167         429.55 Assisted living facility administrator;
  168  certification.—
  169         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  170  that each assisted living facility administrator have the option
  171  to earn and maintain professional certification from a third
  172  party credentialing entity that is approved by the Department of
  173  Elderly Affairs. The Legislature further intends that
  174  certification ensure that an administrator has the competencies
  175  necessary to appropriately respond to the needs of residents, to
  176  maintain resident care and facility standards, and to meet
  177  licensure requirements for a facility. The Legislature
  178  recognizes professional certification by a professional
  179  credentialing organization as an equivalent alternative to a
  180  state-run licensure program and, therefore, intends that
  181  certification pursuant to this section is sufficient as an
  182  acceptable alternative to the training and educational
  183  requirements of s. 429.52.
  184         (2) DEFINITIONS.—As used in this section, the term:
  185         (a) “Assisted living facility administrator certification”
  186  means a professional credential awarded by a department-approved
  187  third-party credentialing entity to a person who meets core
  188  competency requirements in assisted living facility practice
  189  areas.
  190         (b) “Core competency” means the minimum knowledge and
  191  skills necessary to carry out work responsibilities.
  192         (c) “Department” means the Department of Elderly Affairs.
  193         (d) “Third-party credentialing entity” means an
  194  organization that develops and administers certification
  195  programs according to the standards established by the National
  196  Commission for Certifying Agencies.
  197         (3) THIRD-PARTY CREDENTIALING ENTITIES.—The department
  198  shall approve one or more third-party credentialing entities for
  199  the purpose of developing and administering a professional
  200  credentialing program for administrators. Within 90 days after
  201  receiving documentation from a third-party credentialing entity,
  202  the department shall approve a third-party credentialing entity
  203  that demonstrates compliance with the following minimum
  204  standards:
  205         (a) Establishment of assisted living facility administrator
  206  core competencies, certification standards, testing instruments,
  207  and recertification standards according to national psychometric
  208  standards.
  209         (b) Establishment of a process to administer the
  210  certification application, award, and maintenance processes
  211  according to national psychometric standards.
  212         (c) Demonstrated ability to administer a professional code
  213  of ethics and disciplinary process that applies to all certified
  214  persons.
  215         (d) Establishment of, and ability to maintain a publicly
  216  accessible Internet-based database that contains information on
  217  each person who applies for and is awarded certification, such
  218  as the person’s first and last name, certification status, and
  219  ethical or disciplinary history.
  220         (e) Demonstrated ability to administer biannual continuing
  221  education and certification renewal requirements.
  222         (f) Demonstrated ability to administer an education
  223  provider program to approve qualified training entities and to
  224  provide precertification training to applicants and continuing
  225  education opportunities to certified professionals.
  226         (g) Establishment of credentialing standards that meet or
  227  exceed the department standards for training and education
  228  programs for assisted living facility administrators.
  229         (4) ASSISTED LIVING FACILITY ADMINISTRATOR CERTIFICATION.
  230  Effective July 1, 2014, an assisted living facility
  231  administrator may be certified by a third-party credentialing
  232  entity that is approved by the department under this section. An
  233  assisted living facility administrator who fails to be certified
  234  under this section or fails to meet training and educational
  235  requirements of s. 429.52 violates this section and is subject
  236  to an administrative fine as provided under s. 429.19. This
  237  subsection does not apply to an administrator licensed under
  238  part II of chapter 468.
  239         (5) GRANDFATHER CLAUSE.—A third-party credentialing entity
  240  shall allow the following persons to enroll in its certification
  241  program, at no cost to the department or the person, in the 12
  242  months immediately after the department approves the third-party
  243  credentialing entity as provided in subsection (3):
  244         (a) A person who is employed as of July 1, 2014, as an
  245  assisted living facility administrator and is in compliance with
  246  the requirements under s. 429.52.
  247         (b) A person who has completed before July 1, 2014, the
  248  required training as an administrator, including the competency
  249  test and continuing education requirements under s. 429.52.
  250         (6) CORE COMPETENCIES.—A third-party credentialing entity
  251  that is approved by the department shall establish the core
  252  competencies for assisted living facility administrators
  253  according to nationally recognized professional psychometric
  254  standards.
  255         (7) CERTIFICATION PROGRAM REQUIREMENTS.—A certification
  256  program of a third-party credentialing entity that is approved
  257  by the department must:
  258         (a) Be established according to nationally recognized
  259  professional psychometric standards.
  260         (b) Be directly related to the core competencies.
  261         (c) Establish minimum requirements in each of the following
  262  categories:
  263         1. Formal education.
  264         2. Training.
  265         3. On-the-job work experience.
  266         4. Supervision.
  267         5. Testing.
  268         6. Biennial continuing education.
  269         (d) Administer a professional code of ethics and
  270  disciplinary process that applies to all certified persons.
  271         (e) Administer and maintain a publicly accessible Internet
  272  based database that contains information on each person who
  273  applies for certification or is certified.
  274         (f) Approve qualified training entities that provide
  275  precertification training to applicants and continuing education
  276  to certified assisted living facility administrators.
  277         (8) APPEAL.—An individual who is adversely affected by the
  278  decision of a department-approved, third-party credentialing
  279  entity with regard to the denial of initial certification or an
  280  adverse action on continued certification may appeal such
  281  decision to the department for a final determination.
  282         (9) FEES.—A third-party credentialing entity shall
  283  establish a fee for application, examination, certification, and
  284  biennial certification renewal. The fee for application,
  285  examination, and certification may not exceed $200. The fee for
  286  biennial certification renewal may not exceed $100.
  287         Section 3. This act shall take effect July 1, 2014.