Florida Senate - 2018                                    SB 1088
       By Senator Broxson
       1-01466-18                                            20181088__
    1                        A bill to be entitled                      
    2         An act relating to training requirements for assisted
    3         living facility employees; amending s. 429.52, F.S.;
    4         deleting obsolete dates; requiring the Department of
    5         Elderly Affairs to require certain new assisted living
    6         facility employees to complete an instructional
    7         requirement; requiring the department to develop a
    8         core curriculum for use by trainers; requiring a
    9         trainer who does not use the department’s core
   10         curriculum to submit the curriculum used in his or her
   11         trainings to the department by a specified date
   12         annually for its review and approval; authorizing the
   13         department to suspend the registration of a trainer
   14         who fails to submit his or her curriculum for approval
   15         or who fails to adhere to an approved curriculum;
   16         requiring a curriculum developed for a certain
   17         required training to include specified topics,
   18         including emergency and disaster preparedness;
   19         requiring a new facility administrator to complete an
   20         instructional requirement before employment as an
   21         administrator; specifying that a new facility
   22         administrator must complete the required training and
   23         education within a specified timeframe rather than
   24         within a reasonable time as determined by the
   25         department; requiring a registered trainer to submit
   26         certain information on trainings performed to the
   27         department at least once annually; providing an
   28         effective date.
   30  Be It Enacted by the Legislature of the State of Florida:
   32         Section 1. Section 429.52, Florida Statutes, is amended to
   33  read:
   34         429.52 Staff training and educational programs; core
   35  educational requirement.—
   36         (1) Effective October 1, 2015, Each new assisted living
   37  facility employee who has not previously completed core training
   38  must attend a preservice orientation provided by the facility
   39  before interacting with residents. The preservice orientation
   40  must be at least 2 hours in duration and cover topics that help
   41  the employee provide responsible care and respond to the needs
   42  of facility residents. Upon completion, the employee and the
   43  administrator of the facility must sign a statement that the
   44  employee completed the required preservice orientation. The
   45  facility must keep the signed statement in the employee’s
   46  personnel record.
   47         (2) Administrators and other assisted living facility staff
   48  must meet minimum training and educational education
   49  requirements established by the Department of Elderly Affairs by
   50  rule. This training and education is intended to assist
   51  facilities to appropriately respond to the needs of residents,
   52  to maintain resident care and facility standards, and to meet
   53  licensure requirements.
   54         (3) The department shall establish a competency test and a
   55  minimum required score to indicate successful completion of the
   56  training and educational requirements. The competency test must
   57  be developed by the department in conjunction with the agency
   58  and providers. The department shall require a minimum of 3 hours
   59  of instruction. The department must develop a core curriculum
   60  that may be used in the required training. A trainer must use
   61  the department’s core curriculum or a curriculum that has been
   62  approved by the department. A trainer who does not use the
   63  department’s core curriculum must submit the curriculum used in
   64  his or her trainings to the department annually for its review
   65  and approval, no later than December 31 of each year. The
   66  department may suspend the registration of a trainer who fails
   67  to submit his or her curriculum for approval or who fails to
   68  adhere to an approved curriculum. A curriculum developed for the
   69  required training and education must include cover at least the
   70  following topics:
   71         (a) State law and rules relating to assisted living
   72  facilities.
   73         (b) Resident rights and identifying and reporting abuse,
   74  neglect, and exploitation.
   75         (c) Special needs of elderly persons, persons with mental
   76  illness, and persons with developmental disabilities and how to
   77  meet those needs.
   78         (d) Nutrition and food service, including acceptable
   79  sanitation practices for preparing, storing, and serving food.
   80         (e) Medication management, recordkeeping, and proper
   81  techniques for assisting residents with self-administered
   82  medication.
   83         (f) Firesafety requirements, including fire evacuation
   84  drill procedures and other emergency procedures.
   85         (g) Care of persons with Alzheimer’s disease and related
   86  disorders.
   87         (h) Emergency and disaster preparedness, including
   88  procedures for maintaining the health and safety of residents
   89  during an emergency.
   90         (4) Effective January 1, 2004, A new facility administrator
   91  must complete the required training and education, including the
   92  competency test, within 90 days a reasonable time after being
   93  employed as an administrator and must successfully complete at
   94  least 40 hours of instruction before employment as an
   95  administrator, as determined by the department. Failure to do so
   96  is a violation of this part and subjects the violator to an
   97  administrative fine as prescribed in s. 429.19. Administrators
   98  licensed in accordance with part II of chapter 468 are exempt
   99  from this requirement. Other licensed professionals may be
  100  exempted, as determined by the department by rule.
  101         (5) Administrators are required to participate in
  102  continuing education for a minimum of 12 contact hours every 2
  103  years.
  104         (6) Staff involved with the management of medications and
  105  assisting residents with the self-administration of medications
  106  under s. 429.256 must complete a minimum of 6 additional hours
  107  of training provided by a registered nurse, licensed pharmacist,
  108  or department staff. The department shall establish by rule the
  109  minimum requirements of this additional training.
  110         (7) Other facility staff shall participate in training
  111  relevant to their job duties as specified by rule of the
  112  department.
  113         (8) If the department or the agency determines that there
  114  are problems in a facility which that could be reduced through
  115  specific staff training or education beyond that already
  116  required under this section, the department or the agency may
  117  require, and provide, or cause to be provided, the training or
  118  education of any personal care staff in the facility.
  119         (9) The department shall adopt rules related to these
  120  training requirements, the competency test, necessary
  121  procedures, and competency test fees and shall adopt or contract
  122  with another entity to develop a curriculum, which shall be used
  123  as the minimum core training requirements. The department shall
  124  consult with representatives of stakeholder associations and
  125  agencies in the development of the curriculum.
  126         (10) The training required by this section other than the
  127  preservice orientation must be conducted by persons registered
  128  with the department as having the requisite experience and
  129  credentials to conduct the training. A person seeking to
  130  register as a trainer must provide the department with proof of
  131  completion of the minimum core training education requirements,
  132  proof of successful passage of the competency test established
  133  under this section, and proof of compliance with the continuing
  134  education requirement in subsection (5). A registered trainer
  135  shall submit the date, time, and location of trainings conducted
  136  to the department at least once annually.
  137         (11) A person seeking to register as a trainer must also:
  138         (a) Provide proof of completion of a 4-year degree from an
  139  accredited college or university and must have worked in a
  140  management position in an assisted living facility for 3 years
  141  after being core certified;
  142         (b) Have worked in a management position in an assisted
  143  living facility for 5 years after being core certified and have
  144  1 year of teaching experience as an educator or staff trainer
  145  for persons who work in assisted living facilities or other
  146  long-term care settings;
  147         (c) Have been previously employed as a core trainer for the
  148  department; or
  149         (d) Meet other qualification criteria as defined in rule,
  150  which the department is authorized to adopt.
  151         (12) The department shall adopt rules to establish trainer
  152  registration requirements.
  153         Section 2. This act shall take effect July 1, 2018.