Florida Senate - 2020                                     SB 402
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-00440A-20                                           2020402__
    1                        A bill to be entitled                      
    2         An act relating to assisted living facilities;
    3         amending s. 429.02, F.S.; defining and redefining
    4         terms; amending s. 429.07, F.S.; clarifying that an
    5         assisted living facility licensed to provide extended
    6         congregate care services or limited nursing services
    7         must maintain a written progress report on each person
    8         receiving services from the facility’s staff;
    9         conforming a cross-reference; amending s. 429.11,
   10         F.S.; prohibiting a county or municipality from
   11         issuing a business tax receipt, rather than an
   12         occupational license, to a facility under certain
   13         circumstances; amending s. 429.176, F.S.; amending
   14         educational requirements for an administrator who is
   15         replacing another administrator; amending s. 429.23,
   16         F.S.; requiring a facility to initiate an
   17         investigation of an adverse incident within 24 hours
   18         and provide a report of such investigation to the
   19         Agency for Health Care Administration within 15 days;
   20         amending s. 429.255, F.S.; clarifying that the absence
   21         of an order not to resuscitate does not preclude a
   22         physician from withholding or withdrawing
   23         cardiopulmonary resuscitation or use of an automated
   24         external defibrillator; amending s. 429.256, F.S.;
   25         requiring a person assisting with a resident’s self
   26         administration of medication to confirm that the
   27         medication is intended for that resident and to orally
   28         advise the resident of the medication name and
   29         purpose; amending s. 429.26, F.S.; including medical
   30         examinations within criteria used for admission to an
   31         assisted living facility; providing specified criteria
   32         for determination of appropriateness for admission and
   33         continued residency at an assisted living facility;
   34         defining the term “bedridden”; requiring that a
   35         resident receive a medical examination within a
   36         specified timeframe after admission to a facility;
   37         requiring that such examination be recorded on a
   38         specified form; providing minimum requirements for
   39         such form; revising provisions relating to the
   40         placement of residents by the Department of Children
   41         and Families; requiring a facility to notify a
   42         resident’s representative or designee of the need for
   43         health care services and to assist in making
   44         appointments for such care and services under certain
   45         circumstances; removing provisions relating to the
   46         retention of certain residents in a facility; amending
   47         s. 429.28, F.S.; revising residents’ rights relating
   48         to a safe and secure living environment; amending s.
   49         429.41, F.S.; revising legislative intent; removing a
   50         provision to conform to changes made by the act;
   51         removing a redundant provision authorizing the Agency
   52         for Health Care Administration to adopt certain rules;
   53         removing provisions relating to firesafety
   54         requirements, which are relocated to another section;
   55         requiring county emergency management agencies, rather
   56         than local emergency management agencies, to review
   57         and approve or disapprove of a facility’s
   58         comprehensive emergency management plan; requiring a
   59         facility to submit a comprehensive emergency
   60         management plan to the county emergency management
   61         agency within a specified timeframe after its
   62         licensure; revising the criteria under which a
   63         facility must be fully inspected; revising standards
   64         for the care of residents provided by a facility;
   65         prohibiting the use of geriatric chairs and Posey
   66         restraints in facilities; authorizing other physical
   67         restraints to be used under certain conditions and in
   68         accordance with certain rules; requiring the agency to
   69         establish resident elopement drill requirements;
   70         requiring that elopement drills include a review of a
   71         facility’s procedures to address elopement; revising
   72         the criteria under which a facility must be fully
   73         inspected; revising provisions requiring the agency to
   74         adopt by rule key quality-of-care standards; creating
   75         s. 429.435, F.S.; revising uniform firesafety
   76         standards for assisted living facilities, which are
   77         relocated to this section; amending s. 429.52, F.S.;
   78         revising provisions relating to facility staff
   79         training and educational requirements; requiring the
   80         agency, in conjunction with providers, to establish
   81         core training requirements for facility
   82         administrators; revising the training and continuing
   83         education requirements for facility staff who assist
   84         residents with the self-administration of medications;
   85         revising provisions relating to the training
   86         responsibilities of the agency; requiring the agency
   87         to contract with another entity to administer a
   88         certain competency test; requiring the department to
   89         adopt a curriculum outline to be used by core
   90         trainers; providing an effective date.
   91          
   92  Be It Enacted by the Legislature of the State of Florida:
   93  
   94         Section 1. Present subsections (1) through (5), (6) through
   95  (10), (11) through (15), and (16) through (27) of section
   96  429.02, Florida Statutes, are redesignated as subsections (2)
   97  through (6), (8) through (12), (14) through (18), and (20)
   98  through (31), respectively, new subsections (1), (7), (13), and
   99  (19) are added, and present subsections (11) and (18) of that
  100  section are amended, to read:
  101         429.02 Definitions.—When used in this part, the term:
  102         (1) “Abuse” has the same meaning as in s. 415.102.
  103         (7) “Assistive device” means any device designed or adapted
  104  to help a resident perform an action, a task, an activity of
  105  daily living, or a transfer; prevent a fall; or recover from a
  106  fall. The term does not include a total body lift or a motorized
  107  sit-to-stand lift, with the exception of a chair lift or
  108  recliner lift that a resident is able to operate independently.
  109         (13) “Exploitation” has the same meaning as in s. 415.102.
  110         (14)(11) “Extended congregate care” means acts beyond those
  111  authorized in subsection (21) which (17) that may be performed
  112  pursuant to part I of chapter 464 by persons licensed thereunder
  113  while carrying out their professional duties, and other
  114  supportive services that which may be specified by rule. The
  115  purpose of such services is to enable residents to age in place
  116  in a residential environment despite mental or physical
  117  limitations that might otherwise disqualify them from residency
  118  in a facility licensed under this part.
  119         (19) “Neglect” has the same meaning as in s. 415.102.
  120         (22)(18) “Physical restraint” means a device that which
  121  physically limits, restricts, or deprives an individual of
  122  movement or mobility, including, but not limited to, a half-bed
  123  rail, a full-bed rail, a geriatric chair, and a posey restraint.
  124  The term “physical restraint” shall also include any device that
  125  is which was not specifically manufactured as a restraint but is
  126  which has been altered, arranged, or otherwise used for that
  127  this purpose. The term does shall not include any device that
  128  the resident chooses to use and is able to remove or avoid
  129  independently, or any bandage material used for the purpose of
  130  binding a wound or injury.
  131         Section 2. Paragraphs (b) and (c) of subsection (3) of
  132  section 429.07, Florida Statutes, are amended to read:
  133         429.07 License required; fee.—
  134         (3) In addition to the requirements of s. 408.806, each
  135  license granted by the agency must state the type of care for
  136  which the license is granted. Licenses shall be issued for one
  137  or more of the following categories of care: standard, extended
  138  congregate care, limited nursing services, or limited mental
  139  health.
  140         (b) An extended congregate care license shall be issued to
  141  each facility that has been licensed as an assisted living
  142  facility for 2 or more years and that provides services,
  143  directly or through contract, beyond those authorized in
  144  paragraph (a), including services performed by persons licensed
  145  under part I of chapter 464 and supportive services, as defined
  146  by rule, to persons who would otherwise be disqualified from
  147  continued residence in a facility licensed under this part. An
  148  extended congregate care license may be issued to a facility
  149  that has a provisional extended congregate care license and
  150  meets the requirements for licensure under subparagraph 2. The
  151  primary purpose of extended congregate care services is to allow
  152  residents the option of remaining in a familiar setting from
  153  which they would otherwise be disqualified for continued
  154  residency as they become more impaired. A facility licensed to
  155  provide extended congregate care services may also admit an
  156  individual who exceeds the admission criteria for a facility
  157  with a standard license, if he or she is determined appropriate
  158  for admission to the extended congregate care facility.
  159         1. In order for extended congregate care services to be
  160  provided, the agency must first determine that all requirements
  161  established in law and rule are met and must specifically
  162  designate, on the facility’s license, that such services may be
  163  provided and whether the designation applies to all or part of
  164  the facility. This designation may be made at the time of
  165  initial licensure or relicensure, or upon request in writing by
  166  a licensee under this part and part II of chapter 408. The
  167  notification of approval or the denial of the request shall be
  168  made in accordance with part II of chapter 408. Each existing
  169  facility that qualifies to provide extended congregate care
  170  services must have maintained a standard license and may not
  171  have been subject to administrative sanctions during the
  172  previous 2 years, or since initial licensure if the facility has
  173  been licensed for less than 2 years, for any of the following
  174  reasons:
  175         a. A class I or class II violation;
  176         b. Three or more repeat or recurring class III violations
  177  of identical or similar resident care standards from which a
  178  pattern of noncompliance is found by the agency;
  179         c. Three or more class III violations that were not
  180  corrected in accordance with the corrective action plan approved
  181  by the agency;
  182         d. Violation of resident care standards which results in
  183  requiring the facility to employ the services of a consultant
  184  pharmacist or consultant dietitian;
  185         e. Denial, suspension, or revocation of a license for
  186  another facility licensed under this part in which the applicant
  187  for an extended congregate care license has at least 25 percent
  188  ownership interest; or
  189         f. Imposition of a moratorium pursuant to this part or part
  190  II of chapter 408 or initiation of injunctive proceedings.
  191  
  192  The agency may deny or revoke a facility’s extended congregate
  193  care license for not meeting the criteria for an extended
  194  congregate care license as provided in this subparagraph.
  195         2. If an assisted living facility has been licensed for
  196  less than 2 years, the initial extended congregate care license
  197  must be provisional and may not exceed 6 months. The licensee
  198  shall notify the agency, in writing, when it has admitted at
  199  least one extended congregate care resident, after which an
  200  unannounced inspection shall be made to determine compliance
  201  with the requirements of an extended congregate care license. A
  202  licensee with a provisional extended congregate care license
  203  which that demonstrates compliance with all the requirements of
  204  an extended congregate care license during the inspection shall
  205  be issued an extended congregate care license. In addition to
  206  sanctions authorized under this part, if violations are found
  207  during the inspection and the licensee fails to demonstrate
  208  compliance with all assisted living facility requirements during
  209  a followup inspection, the licensee shall immediately suspend
  210  extended congregate care services, and the provisional extended
  211  congregate care license expires. The agency may extend the
  212  provisional license for not more than 1 month in order to
  213  complete a followup visit.
  214         3. A facility that is licensed to provide extended
  215  congregate care services shall maintain a written progress
  216  report on each person who receives services from the facility’s
  217  staff which describes the type, amount, duration, scope, and
  218  outcome of services that are rendered and the general status of
  219  the resident’s health. A registered nurse, or appropriate
  220  designee, representing the agency shall visit the facility at
  221  least twice a year to monitor residents who are receiving
  222  extended congregate care services and to determine if the
  223  facility is in compliance with this part, part II of chapter
  224  408, and relevant rules. One of the visits may be in conjunction
  225  with the regular survey. The monitoring visits may be provided
  226  through contractual arrangements with appropriate community
  227  agencies. A registered nurse shall serve as part of the team
  228  that inspects the facility. The agency may waive one of the
  229  required yearly monitoring visits for a facility that has:
  230         a. Held an extended congregate care license for at least 24
  231  months;
  232         b. No class I or class II violations and no uncorrected
  233  class III violations; and
  234         c. No ombudsman council complaints that resulted in a
  235  citation for licensure.
  236         4. A facility that is licensed to provide extended
  237  congregate care services must:
  238         a. Demonstrate the capability to meet unanticipated
  239  resident service needs.
  240         b. Offer a physical environment that promotes a homelike
  241  setting, provides for resident privacy, promotes resident
  242  independence, and allows sufficient congregate space as defined
  243  by rule.
  244         c. Have sufficient staff available, taking into account the
  245  physical plant and firesafety features of the building, to
  246  assist with the evacuation of residents in an emergency.
  247         d. Adopt and follow policies and procedures that maximize
  248  resident independence, dignity, choice, and decisionmaking to
  249  permit residents to age in place, so that moves due to changes
  250  in functional status are minimized or avoided.
  251         e. Allow residents or, if applicable, a resident’s
  252  representative, designee, surrogate, guardian, or attorney in
  253  fact to make a variety of personal choices, participate in
  254  developing service plans, and share responsibility in
  255  decisionmaking.
  256         f. Implement the concept of managed risk.
  257         g. Provide, directly or through contract, the services of a
  258  person licensed under part I of chapter 464.
  259         h. In addition to the training mandated in s. 429.52,
  260  provide specialized training as defined by rule for facility
  261  staff.
  262         5. A facility that is licensed to provide extended
  263  congregate care services is exempt from the criteria for
  264  continued residency set forth in rules adopted under s. 429.41.
  265  A licensed facility must adopt its own requirements within
  266  guidelines for continued residency set forth by rule. However,
  267  the facility may not serve residents who require 24-hour nursing
  268  supervision. A licensed facility that provides extended
  269  congregate care services must also provide each resident with a
  270  written copy of facility policies governing admission and
  271  retention.
  272         6. Before the admission of an individual to a facility
  273  licensed to provide extended congregate care services, the
  274  individual must undergo a medical examination as provided in s.
  275  429.26(5) s. 429.26(4) and the facility must develop a
  276  preliminary service plan for the individual.
  277         7. If a facility can no longer provide or arrange for
  278  services in accordance with the resident’s service plan and
  279  needs and the facility’s policy, the facility must make
  280  arrangements for relocating the person in accordance with s.
  281  429.28(1)(k).
  282         (c) A limited nursing services license shall be issued to a
  283  facility that provides services beyond those authorized in
  284  paragraph (a) and as specified in this paragraph.
  285         1. In order for limited nursing services to be provided in
  286  a facility licensed under this part, the agency must first
  287  determine that all requirements established in law and rule are
  288  met and must specifically designate, on the facility’s license,
  289  that such services may be provided. This designation may be made
  290  at the time of initial licensure or licensure renewal, or upon
  291  request in writing by a licensee under this part and part II of
  292  chapter 408. Notification of approval or denial of such request
  293  shall be made in accordance with part II of chapter 408. An
  294  existing facility that qualifies to provide limited nursing
  295  services must have maintained a standard license and may not
  296  have been subject to administrative sanctions that affect the
  297  health, safety, and welfare of residents for the previous 2
  298  years or since initial licensure if the facility has been
  299  licensed for less than 2 years.
  300         2. A facility that is licensed to provide limited nursing
  301  services shall maintain a written progress report on each person
  302  who receives such nursing services from the facility’s staff.
  303  The report must describe the type, amount, duration, scope, and
  304  outcome of services that are rendered and the general status of
  305  the resident’s health. A registered nurse representing the
  306  agency shall visit the facility at least annually to monitor
  307  residents who are receiving limited nursing services and to
  308  determine if the facility is in compliance with applicable
  309  provisions of this part, part II of chapter 408, and related
  310  rules. The monitoring visits may be provided through contractual
  311  arrangements with appropriate community agencies. A registered
  312  nurse shall also serve as part of the team that inspects such
  313  facility. Visits may be in conjunction with other agency
  314  inspections. The agency may waive the required yearly monitoring
  315  visit for a facility that has:
  316         a. Had a limited nursing services license for at least 24
  317  months;
  318         b. No class I or class II violations and no uncorrected
  319  class III violations; and
  320         c. No ombudsman council complaints that resulted in a
  321  citation for licensure.
  322         3. A person who receives limited nursing services under
  323  this part must meet the admission criteria established by the
  324  agency for assisted living facilities. When a resident no longer
  325  meets the admission criteria for a facility licensed under this
  326  part, arrangements for relocating the person shall be made in
  327  accordance with s. 429.28(1)(k), unless the facility is licensed
  328  to provide extended congregate care services.
  329         Section 3. Subsection (7) of section 429.11, Florida
  330  Statutes, is amended to read:
  331         429.11 Initial application for license; provisional
  332  license.—
  333         (7) A county or municipality may not issue a business tax
  334  receipt an occupational license that is being obtained for the
  335  purpose of operating a facility regulated under this part
  336  without first ascertaining that the applicant has been licensed
  337  to operate such facility at the specified location or locations
  338  by the agency. The agency shall furnish to local agencies
  339  responsible for issuing business tax receipts occupational
  340  licenses sufficient instruction for making such determinations.
  341         Section 4. Section 429.176, Florida Statutes, is amended to
  342  read:
  343         429.176 Notice of change of administrator.—If, during the
  344  period for which a license is issued, the owner changes
  345  administrators, the owner must notify the agency of the change
  346  within 10 days and provide documentation within 90 days that the
  347  new administrator meets educational requirements and has
  348  completed the applicable core educational requirements under s.
  349  429.52. A facility may not be operated for more than 120
  350  consecutive days without an administrator who has completed the
  351  core educational requirements.
  352         Section 5. Present subsections (6) through (10) of section
  353  429.23, Florida Statutes, are redesignated as subsections (4)
  354  through (8), respectively, and subsections (2) and (3) and
  355  present subsections (4), (5), and (9) of that section are
  356  amended, to read:
  357         429.23 Internal risk management and quality assurance
  358  program; adverse incidents and reporting requirements.—
  359         (2) Every facility licensed under this part is required to
  360  maintain adverse incident reports. For purposes of this section,
  361  the term, “adverse incident” means:
  362         (a) An event over which facility personnel could exercise
  363  control which is associated with the facility’s intervention,
  364  rather than as a result of the resident’s underlying disease or
  365  condition, and the injury results in:
  366         1. Death;
  367         2. Brain or spinal damage;
  368         3. Permanent disfigurement;
  369         4. Fracture or dislocation of bones or joints;
  370         5. Any condition that required medical attention to which
  371  the resident has not given his or her consent, including failure
  372  to honor advanced directives;
  373         6. Any condition that requires the transfer of the resident
  374  from the facility to a unit providing more acute care due to the
  375  incident rather than the resident’s condition before the
  376  incident; or
  377         7. A report made An event that is reported to law
  378  enforcement or its personnel for investigation; or
  379         (b) Resident elopement, if the elopement places the
  380  resident at risk of harm or injury.
  381         (3) Licensed facilities shall initiate an investigation
  382  within 24 hours provide within 1 business day after the
  383  occurrence of an adverse incident, by electronic mail,
  384  facsimile, or United States mail, a preliminary report to the
  385  agency on all adverse incidents specified under this section.
  386  The facility must complete the investigation and submit a report
  387  to the agency within 15 days after the occurrence of the adverse
  388  incident. The report must include information regarding the
  389  identity of the affected resident, the type of adverse incident,
  390  and the result status of the facility’s investigation of the
  391  incident.
  392         (4) Licensed facilities shall provide within 15 days, by
  393  electronic mail, facsimile, or United States mail, a full report
  394  to the agency on all adverse incidents specified in this
  395  section. The report must include the results of the facility’s
  396  investigation into the adverse incident.
  397         (5) Each facility shall report monthly to the agency any
  398  liability claim filed against it. The report must include the
  399  name of the resident, the dates of the incident leading to the
  400  claim, if applicable, and the type of injury or violation of
  401  rights alleged to have occurred. This report is not discoverable
  402  in any civil or administrative action, except in such actions
  403  brought by the agency to enforce the provisions of this part.
  404         (7)(9) The adverse incident reports and preliminary adverse
  405  incident reports required under this section are confidential as
  406  provided by law and are not discoverable or admissible in any
  407  civil or administrative action, except in disciplinary
  408  proceedings by the agency or appropriate regulatory board.
  409         Section 6. Subsection (4) of section 429.255, Florida
  410  Statutes, is amended to read:
  411         429.255 Use of personnel; emergency care.—
  412         (4) Facility staff may withhold or withdraw cardiopulmonary
  413  resuscitation or the use of an automated external defibrillator
  414  if presented with an order not to resuscitate executed pursuant
  415  to s. 401.45. The agency shall adopt rules providing for the
  416  implementation of such orders. Facility staff and facilities may
  417  not be subject to criminal prosecution or civil liability, nor
  418  be considered to have engaged in negligent or unprofessional
  419  conduct, for withholding or withdrawing cardiopulmonary
  420  resuscitation or use of an automated external defibrillator
  421  pursuant to such an order and rules adopted by the agency. The
  422  absence of an order not to resuscitate executed pursuant to s.
  423  401.45 does not preclude a physician from withholding or
  424  withdrawing cardiopulmonary resuscitation or use of an automated
  425  external defibrillator as otherwise permitted by law.
  426         Section 7. Subsection (2), paragraph (b) of subsection (3),
  427  and paragraphs (e), (f), and (g) of subsection (4) of section
  428  429.256, Florida Statutes, are amended to read:
  429         429.256 Assistance with self-administration of medication.—
  430         (2) Residents who are capable of self-administering their
  431  own medications without assistance shall be encouraged and
  432  allowed to do so. However, an unlicensed person may, consistent
  433  with a dispensed prescription’s label or the package directions
  434  of an over-the-counter medication, assist a resident whose
  435  condition is medically stable with the self-administration of
  436  routine, regularly scheduled medications that are intended to be
  437  self-administered. Assistance with self-medication by an
  438  unlicensed person may occur only upon a documented request by,
  439  and the written informed consent of, a resident or the
  440  resident’s surrogate, guardian, or attorney in fact. For the
  441  purposes of this section, self-administered medications include
  442  both legend and over-the-counter oral dosage forms, topical
  443  dosage forms, transdermal patches, and topical ophthalmic, otic,
  444  and nasal dosage forms including solutions, suspensions, sprays,
  445  and inhalers.
  446         (3) Assistance with self-administration of medication
  447  includes:
  448         (b) In the presence of the resident, confirming that the
  449  medication is intended for that resident, orally advising the
  450  resident of the medication name and purpose reading the label,
  451  opening the container, removing a prescribed amount of
  452  medication from the container, and closing the container.
  453         (4) Assistance with self-administration does not include:
  454         (e) The use of irrigations or debriding agents used in the
  455  treatment of a skin condition.
  456         (f) Assisting with rectal, urethral, or vaginal
  457  preparations.
  458         (g) Assisting with medications ordered by the physician or
  459  health care professional with prescriptive authority to be given
  460  “as needed,” unless the order is written with specific
  461  parameters that preclude independent judgment on the part of the
  462  unlicensed person, and at the request of a competent resident
  463  requesting the medication is aware of his or her need for the
  464  medication and understands the purpose for taking the
  465  medication.
  466         Section 8. Section 429.26, Florida Statutes, is amended to
  467  read:
  468         429.26 Appropriateness of placements; examinations of
  469  residents.—
  470         (1) The owner or administrator of a facility is responsible
  471  for determining the appropriateness of admission of an
  472  individual to the facility and for determining the continued
  473  appropriateness of residence of an individual in the facility. A
  474  determination must shall be based upon an evaluation assessment
  475  of the strengths, needs, and preferences of the resident, a
  476  medical examination, the care and services offered or arranged
  477  for by the facility in accordance with facility policy, and any
  478  limitations in law or rule related to admission criteria or
  479  continued residency for the type of license held by the facility
  480  under this part. The following criteria apply to the
  481  determination of appropriateness for admission and continued
  482  residency of an individual in a facility:
  483         (a) A facility may admit or retain a resident who receives
  484  a health care service or treatment that is designed to be
  485  provided within a private residential setting if all
  486  requirements for providing that service or treatment are met by
  487  the facility or a third party.
  488         (b) A facility may admit or retain a resident who requires
  489  the use of assistive devices.
  490         (c) A facility may admit or retain an individual receiving
  491  hospice services if the arrangement is agreed to by the facility
  492  and the resident, additional care is provided by a licensed
  493  hospice, and the resident is under the care of a physician who
  494  agrees that the physical needs of the resident can be met at the
  495  facility. A facility may not retain a resident who requires 24
  496  hour nursing supervision, except for a resident who is enrolled
  497  in hospice services pursuant to part IV of chapter 400. The
  498  resident must have a plan of care which delineates how the
  499  facility and the hospice will meet the scheduled and unscheduled
  500  needs of the resident.
  501         (d)1. Except as provided in paragraph (c), a facility may
  502  not admit or retain a resident who is bedridden. For purposes of
  503  this paragraph, the term “bedridden” means that a resident is
  504  confined to a bed because of the inability to:
  505         a.Move, turn, or reposition without total physical
  506  assistance;
  507         b.Transfer to a chair or wheelchair without total physical
  508  assistance; or
  509         c.Sit safely in a chair or wheelchair without personal
  510  assistance or a physical restraint.
  511         2.A resident may continue to reside in a facility if,
  512  during residency, he or she is bedridden for no more than 7
  513  consecutive days.
  514         3.If a facility is licensed to provide extended congregate
  515  care, a resident may continue to reside in a facility if, during
  516  residency, he or she is bedridden for no more than 14
  517  consecutive days.
  518         (2) A resident may not be moved from one facility to
  519  another without consultation with and agreement from the
  520  resident or, if applicable, the resident’s representative or
  521  designee or the resident’s family, guardian, surrogate, or
  522  attorney in fact. In the case of a resident who has been placed
  523  by the department or the Department of Children and Families,
  524  the administrator must notify the appropriate contact person in
  525  the applicable department.
  526         (3)(2) A physician, physician assistant, or advanced
  527  practice registered nurse practitioner who is employed by an
  528  assisted living facility to provide an initial examination for
  529  admission purposes may not have financial interests interest in
  530  the facility.
  531         (4)(3) Persons licensed under part I of chapter 464 who are
  532  employed by or under contract with a facility shall, on a
  533  routine basis or at least monthly, perform a nursing assessment
  534  of the residents for whom they are providing nursing services
  535  ordered by a physician, except administration of medication, and
  536  shall document such assessment, including any substantial
  537  changes in a resident’s status which may necessitate relocation
  538  to a nursing home, hospital, or specialized health care
  539  facility. Such records shall be maintained in the facility for
  540  inspection by the agency and shall be forwarded to the
  541  resident’s case manager, if applicable.
  542         (5)(4)If possible, Each resident must shall have been
  543  examined by a licensed physician, a licensed physician
  544  assistant, or a licensed advanced practice registered nurse
  545  practitioner within 60 days before admission to the facility or
  546  within 30 days after admission to the facility, except as
  547  provided in s. 429.07. The information from the medical
  548  examination must be recorded on the practitioner’s form or on a
  549  form adopted by agency rule. The signed and completed medical
  550  examination form, signed by the practitioner, must report shall
  551  be submitted to the owner or administrator of the facility, who
  552  shall use the information contained therein to assist in the
  553  determination of the appropriateness of the resident’s admission
  554  to or and continued stay in the facility. The medical
  555  examination form, reflecting the resident’s condition on the
  556  date the examination is performed, becomes report shall become a
  557  permanent part of the facility’s record of the resident at the
  558  facility and must shall be made available to the agency during
  559  inspection or upon request. An assessment that has been
  560  completed through the Comprehensive Assessment and Review for
  561  Long-Term Care Services (CARES) Program fulfills the
  562  requirements for a medical examination under this subsection and
  563  s. 429.07(3)(b)6.
  564         (6)The medical examination form submitted under subsection
  565  (5) must include the following information relating to the
  566  resident:
  567         (a)Height, weight, and known allergies.
  568         (b)Significant medical history and diagnoses.
  569         (c)Physical or sensory limitations, including the need for
  570  fall precautions or recommended use of assistive devices.
  571         (d)Cognitive or behavioral status and a brief description
  572  of any behavioral issues known or ascertained by the examining
  573  practitioner, including any known history of wandering or
  574  elopement.
  575         (e)Nursing, treatment, or therapy service requirements.
  576         (f)Whether assistance is needed for ambulating, eating, or
  577  transferring.
  578         (g)Special dietary instructions.
  579         (h)Whether he or she has any communicable diseases,
  580  including necessary precautions.
  581         (i)Whether he or she is bedridden and the status of any
  582  pressure sores that he or she has.
  583         (j)Whether the resident needs 24-hour nursing supervision
  584  or psychiatric care.
  585         (k)A list of current prescribed medications as known or
  586  ascertained by the examining practitioner and whether the
  587  resident can self-administer medications, needs assistance, or
  588  needs medication administration.
  589         (5)Except as provided in s. 429.07, if a medical
  590  examination has not been completed within 60 days before the
  591  admission of the resident to the facility, a licensed physician,
  592  licensed physician assistant, or licensed nurse practitioner
  593  shall examine the resident and complete a medical examination
  594  form provided by the agency within 30 days following the
  595  admission to the facility to enable the facility owner or
  596  administrator to determine the appropriateness of the admission.
  597  The medical examination form shall become a permanent part of
  598  the record of the resident at the facility and shall be made
  599  available to the agency during inspection by the agency or upon
  600  request.
  601         (7)(6) Any resident accepted in a facility and placed by
  602  the department or the Department of Children and Families must
  603  shall have been examined by medical personnel within 30 days
  604  before placement in the facility. The examination must shall
  605  include an assessment of the appropriateness of placement in a
  606  facility. The findings of this examination must shall be
  607  recorded on the examination form provided by the agency. The
  608  completed form must shall accompany the resident and shall be
  609  submitted to the facility owner or administrator. Additionally,
  610  in the case of a mental health resident, the Department of
  611  Children and Families must provide documentation that the
  612  individual has been assessed by a psychiatrist, clinical
  613  psychologist, clinical social worker, or psychiatric nurse, or
  614  an individual who is supervised by one of these professionals,
  615  and determined to be appropriate to reside in an assisted living
  616  facility. The documentation must be in the facility within 30
  617  days after the mental health resident has been admitted to the
  618  facility. An evaluation completed upon discharge from a state
  619  mental hospital meets the requirements of this subsection
  620  related to appropriateness for placement as a mental health
  621  resident provided that providing it was completed within 90 days
  622  prior to admission to the facility. The applicable Department of
  623  Children and Families shall provide to the facility
  624  administrator any information about the resident which that
  625  would help the administrator meet his or her responsibilities
  626  under subsection (1). Further, Department of Children and
  627  Families personnel shall explain to the facility operator any
  628  special needs of the resident and advise the operator whom to
  629  call should problems arise. The applicable Department of
  630  Children and Families shall advise and assist the facility
  631  administrator when where the special needs of residents who are
  632  recipients of optional state supplementation require such
  633  assistance.
  634         (8)(7) The facility shall must notify a licensed physician
  635  when a resident exhibits signs of dementia or cognitive
  636  impairment or has a change of condition in order to rule out the
  637  presence of an underlying physiological condition that may be
  638  contributing to such dementia or impairment. The notification
  639  must occur within 30 days after the acknowledgment of such signs
  640  by facility staff. If an underlying condition is determined to
  641  exist, the facility must notify the resident’s representative or
  642  designee of the need for health care services and must assist in
  643  making appointments for shall arrange, with the appropriate
  644  health care provider, the necessary care and services to treat
  645  the condition.
  646         (9)(8) The Department of Children and Families may require
  647  an examination for supplemental security income and optional
  648  state supplementation recipients residing in facilities at any
  649  time and shall provide the examination whenever a resident’s
  650  condition requires it. Any facility administrator; personnel of
  651  the agency, the department, or the Department of Children and
  652  Families; or a representative of the State Long-Term Care
  653  Ombudsman Program who believes a resident needs to be evaluated
  654  shall notify the resident’s case manager, who shall take
  655  appropriate action. A report of the examination findings must
  656  shall be provided to the resident’s case manager and the
  657  facility administrator to help the administrator meet his or her
  658  responsibilities under subsection (1).
  659         (9)A terminally ill resident who no longer meets the
  660  criteria for continued residency may remain in the facility if
  661  the arrangement is mutually agreeable to the resident and the
  662  facility; additional care is rendered through a licensed
  663  hospice, and the resident is under the care of a physician who
  664  agrees that the physical needs of the resident are being met.
  665         (10) Facilities licensed to provide extended congregate
  666  care services shall promote aging in place by determining
  667  appropriateness of continued residency based on a comprehensive
  668  review of the resident’s physical and functional status; the
  669  ability of the facility, family members, friends, or any other
  670  pertinent individuals or agencies to provide the care and
  671  services required; and documentation that a written service plan
  672  consistent with facility policy has been developed and
  673  implemented to ensure that the resident’s needs and preferences
  674  are addressed.
  675         (11)No resident who requires 24-hour nursing supervision,
  676  except for a resident who is an enrolled hospice patient
  677  pursuant to part IV of chapter 400, shall be retained in a
  678  facility licensed under this part.
  679         Section 9. Paragraphs (a) and (k) of subsection (1) and
  680  subsection (3) of section 429.28, Florida Statutes, are amended
  681  to read:
  682         429.28 Resident bill of rights.—
  683         (1) No resident of a facility shall be deprived of any
  684  civil or legal rights, benefits, or privileges guaranteed by
  685  law, the Constitution of the State of Florida, or the
  686  Constitution of the United States as a resident of a facility.
  687  Every resident of a facility shall have the right to:
  688         (a) Live in a safe and decent living environment, free from
  689  abuse, and neglect, and exploitation.
  690         (k) At least 45 days’ notice of relocation or termination
  691  of residency from the facility unless, for medical reasons, the
  692  resident is certified by a physician to require an emergency
  693  relocation to a facility providing a more skilled level of care
  694  or the resident engages in a pattern of conduct that is harmful
  695  or offensive to other residents. In the case of a resident who
  696  has been adjudicated mentally incapacitated, the guardian shall
  697  be given at least 45 days’ notice of a nonemergency relocation
  698  or residency termination. Reasons for relocation must shall be
  699  set forth in writing and provided to the resident or the
  700  resident’s legal representative. In order for a facility to
  701  terminate the residency of an individual without notice as
  702  provided herein, the facility shall show good cause in a court
  703  of competent jurisdiction.
  704         (3)(a) The agency shall conduct a survey to determine
  705  whether the facility is complying with this section general
  706  compliance with facility standards and compliance with
  707  residents’ rights as a prerequisite to initial licensure or
  708  licensure renewal. The agency shall adopt rules for uniform
  709  standards and criteria that will be used to determine compliance
  710  with facility standards and compliance with residents’ rights.
  711         (b) In order to determine whether the facility is
  712  adequately protecting residents’ rights, the licensure renewal
  713  biennial survey must shall include private informal
  714  conversations with a sample of residents and consultation with
  715  the ombudsman council in the district in which the facility is
  716  located to discuss residents’ experiences within the facility.
  717         Section 10. Section 429.41, Florida Statutes, is amended to
  718  read:
  719         429.41 Rules establishing standards.—
  720         (1) It is the intent of the Legislature that rules
  721  published and enforced pursuant to this section shall include
  722  criteria by which a reasonable and consistent quality of
  723  resident care and quality of life may be ensured and the results
  724  of such resident care may be demonstrated. Such rules shall also
  725  promote ensure a safe and sanitary environment that is
  726  residential and noninstitutional in design or nature and may
  727  allow for technological advances in the provision of care,
  728  safety, and security, including the use of devices, equipment,
  729  and other security measures related to wander management,
  730  emergency response, staff risk management, and the general
  731  safety and security of residents, staff, and the facility. It is
  732  further intended that reasonable efforts be made to accommodate
  733  the needs and preferences of residents to enhance the quality of
  734  life in a facility. Uniform firesafety standards for assisted
  735  living facilities shall be established by the State Fire Marshal
  736  pursuant to s. 633.206. The agency may adopt rules to administer
  737  part II of chapter 408. In order to provide safe and sanitary
  738  facilities and the highest quality of resident care
  739  accommodating the needs and preferences of residents, The
  740  agency, in consultation with the Department of Children and
  741  Families and the Department of Health, shall adopt rules,
  742  policies, and procedures to administer this part, which must
  743  include reasonable and fair minimum standards in relation to:
  744         (a) The requirements for and maintenance and the sanitary
  745  condition of facilities, not in conflict with, or duplicative
  746  of, the requirements in chapter 553, chapter 381, or s. 633.206,
  747  relating to a safe and decent living environment, including
  748  furnishings for resident bedrooms or sleeping areas, locking
  749  devices, linens plumbing, heating, cooling, lighting,
  750  ventilation, living space, and other housing conditions relating
  751  to hazards, which will promote ensure the health, safety, and
  752  welfare comfort of residents suitable to the size of the
  753  structure. The rules must clearly delineate the respective
  754  responsibilities of the agency’s licensure and survey staff and
  755  the county health departments and ensure that inspections are
  756  not duplicative. The agency may collect fees for food service
  757  inspections conducted by county health departments and may
  758  transfer such fees to the Department of Health.
  759         1.Firesafety evacuation capability determination.—An
  760  evacuation capability evaluation for initial licensure shall be
  761  conducted within 6 months after the date of licensure.
  762         2.Firesafety requirements.—
  763         a.The National Fire Protection Association, Life Safety
  764  Code, NFPA 101 and 101A, current editions, shall be used in
  765  determining the uniform firesafety code adopted by the State
  766  Fire Marshal for assisted living facilities, pursuant to s.
  767  633.206.
  768         b.A local government or a utility may charge fees only in
  769  an amount not to exceed the actual expenses incurred by the
  770  local government or the utility relating to the installation and
  771  maintenance of an automatic fire sprinkler system in a licensed
  772  assisted living facility structure.
  773         c.All licensed facilities must have an annual fire
  774  inspection conducted by the local fire marshal or authority
  775  having jurisdiction.
  776         d.An assisted living facility that is issued a building
  777  permit or certificate of occupancy before July 1, 2016, may at
  778  its option and after notifying the authority having
  779  jurisdiction, remain under the provisions of the 1994 and 1995
  780  editions of the National Fire Protection Association, Life
  781  Safety Code, NFPA 101, and NFPA 101A. The facility opting to
  782  remain under such provisions may make repairs, modernizations,
  783  renovations, or additions to, or rehabilitate, the facility in
  784  compliance with NFPA 101, 1994 edition, and may utilize the
  785  alternative approaches to life safety in compliance with NFPA
  786  101A, 1995 edition. However, a facility for which a building
  787  permit or certificate of occupancy is issued before July 1,
  788  2016, that undergoes Level III building alteration or
  789  rehabilitation, as defined in the Florida Building Code, or
  790  seeks to utilize features not authorized under the 1994 or 1995
  791  editions of the Life Safety Code must thereafter comply with all
  792  aspects of the uniform firesafety standards established under s.
  793  633.206, and the Florida Fire Prevention Code, in effect for
  794  assisted living facilities as adopted by the State Fire Marshal.
  795         3.Resident elopement requirements.—Facilities are required
  796  to conduct a minimum of two resident elopement prevention and
  797  response drills per year. All administrators and direct care
  798  staff must participate in the drills, which shall include a
  799  review of procedures to address resident elopement. Facilities
  800  must document the implementation of the drills and ensure that
  801  the drills are conducted in a manner consistent with the
  802  facility’s resident elopement policies and procedures.
  803         (b) The preparation and annual update of a comprehensive
  804  emergency management plan. Such standards must be included in
  805  the rules adopted by the agency after consultation with the
  806  Division of Emergency Management. At a minimum, the rules must
  807  provide for plan components that address emergency evacuation
  808  transportation; adequate sheltering arrangements; postdisaster
  809  activities, including provision of emergency power, food, and
  810  water; postdisaster transportation; supplies; staffing;
  811  emergency equipment; individual identification of residents and
  812  transfer of records; communication with families; and responses
  813  to family inquiries. The comprehensive emergency management plan
  814  is subject to review and approval by the county local emergency
  815  management agency. During its review, the county local emergency
  816  management agency shall ensure that the following agencies, at a
  817  minimum, are given the opportunity to review the plan: the
  818  Department of Health, the Agency for Health Care Administration,
  819  and the Division of Emergency Management. Also, appropriate
  820  volunteer organizations must be given the opportunity to review
  821  the plan. The county local emergency management agency shall
  822  complete its review within 60 days and either approve the plan
  823  or advise the facility of necessary revisions. A facility must
  824  submit a comprehensive emergency management plan to the county
  825  emergency management agency within 30 days after issuance of a
  826  license.
  827         (c) The number, training, and qualifications of all
  828  personnel having responsibility for the care of residents. The
  829  rules must require adequate staff to provide for the safety of
  830  all residents. Facilities licensed for 17 or more residents are
  831  required to maintain an alert staff for 24 hours per day.
  832         (d)All sanitary conditions within the facility and its
  833  surroundings which will ensure the health and comfort of
  834  residents. The rules must clearly delineate the responsibilities
  835  of the agency’s licensure and survey staff, the county health
  836  departments, and the local authority having jurisdiction over
  837  firesafety and ensure that inspections are not duplicative. The
  838  agency may collect fees for food service inspections conducted
  839  by the county health departments and transfer such fees to the
  840  Department of Health.
  841         (d)(e) License application and license renewal, transfer of
  842  ownership, proper management of resident funds and personal
  843  property, surety bonds, resident contracts, refund policies,
  844  financial ability to operate, and facility and staff records.
  845         (e)(f) Inspections, complaint investigations, moratoriums,
  846  classification of deficiencies, levying and enforcement of
  847  penalties, and use of income from fees and fines.
  848         (f)(g) The enforcement of the resident bill of rights
  849  specified in s. 429.28.
  850         (g)(h) The care and maintenance of residents provided by
  851  the facility, which must include, but is not limited to:
  852         1. The supervision of residents;
  853         2. The provision of personal services;
  854         3. The provision of, or arrangement for, social and leisure
  855  activities;
  856         4. The assistance in making arrangements arrangement for
  857  appointments and transportation to appropriate medical, dental,
  858  nursing, or mental health services, as needed by residents;
  859         5. The management of medication stored within the facility
  860  and as needed by residents;
  861         6. The dietary nutritional needs of residents;
  862         7. Resident records; and
  863         8. Internal risk management and quality assurance.
  864         (h)(i) Facilities holding a limited nursing, extended
  865  congregate care, or limited mental health license.
  866         (i)(j) The establishment of specific criteria to define
  867  appropriateness of resident admission and continued residency in
  868  a facility holding a standard, limited nursing, extended
  869  congregate care, and limited mental health license.
  870         (j)(k) The use of physical or chemical restraints. The use
  871  of geriatric chairs or Posey restraints is prohibited. Other
  872  physical restraints may be used in accordance with agency rules
  873  when ordered is limited to half-bed rails as prescribed and
  874  documented by the resident’s physician and consented to by with
  875  the consent of the resident or, if applicable, the resident’s
  876  representative or designee or the resident’s surrogate,
  877  guardian, or attorney in fact. Such rules must specify
  878  requirements for care planning, staff monitoring, and periodic
  879  review by a physician. The use of chemical restraints is limited
  880  to prescribed dosages of medications authorized by the
  881  resident’s physician and must be consistent with the resident’s
  882  diagnosis. Residents who are receiving medications that can
  883  serve as chemical restraints must be evaluated by their
  884  physician at least annually to assess:
  885         1. The continued need for the medication.
  886         2. The level of the medication in the resident’s blood.
  887         3. The need for adjustments in the prescription.
  888         (k)(l) The establishment of specific resident elopement
  889  drill requirements policies and procedures on resident
  890  elopement. Facilities shall conduct a minimum of two resident
  891  elopement drills each year. All administrators and direct care
  892  staff shall participate in the drills, which must include a
  893  review of the facility’s procedures to address resident
  894  elopement. Facilities shall document participation in the
  895  drills.
  896         (2) In adopting any rules pursuant to this part, the agency
  897  shall make distinct standards for facilities based upon facility
  898  size; the types of care provided; the physical and mental
  899  capabilities and needs of residents; the type, frequency, and
  900  amount of services and care offered; and the staffing
  901  characteristics of the facility. Rules developed pursuant to
  902  this section may not restrict the use of shared staffing and
  903  shared programming in facilities that are part of retirement
  904  communities that provide multiple levels of care and otherwise
  905  meet the requirements of law and rule. If a continuing care
  906  facility licensed under chapter 651 or a retirement community
  907  offering multiple levels of care licenses a building or part of
  908  a building designated for independent living for assisted
  909  living, staffing requirements established in rule apply only to
  910  residents who receive personal, limited nursing, or extended
  911  congregate care services under this part. Such facilities shall
  912  retain a log listing the names and unit number for residents
  913  receiving these services. The log must be available to surveyors
  914  upon request. Except for uniform firesafety standards, The
  915  agency shall adopt by rule separate and distinct standards for
  916  facilities with 16 or fewer beds and for facilities with 17 or
  917  more beds. The standards for facilities with 16 or fewer beds
  918  must be appropriate for a noninstitutional residential
  919  environment; however, the structure may not be more than two
  920  stories in height and all persons who cannot exit the facility
  921  unassisted in an emergency must reside on the first floor. The
  922  agency may make other distinctions among types of facilities as
  923  necessary to enforce this part. Where appropriate, the agency
  924  shall offer alternate solutions for complying with established
  925  standards, based on distinctions made by the agency relative to
  926  the physical characteristics of facilities and the types of care
  927  offered.
  928         (3) Rules adopted by the agency shall encourage the
  929  development of homelike facilities that promote the dignity,
  930  individuality, personal strengths, and decisionmaking ability of
  931  residents.
  932         (4) The agency may waive rules adopted under this part to
  933  demonstrate and evaluate innovative or cost-effective congregate
  934  care alternatives that enable individuals to age in place. Such
  935  waivers may be granted only in instances where there is
  936  reasonable assurance that the health, safety, or welfare of
  937  residents will not be endangered. To apply for a waiver, the
  938  licensee shall submit to the agency a written description of the
  939  concept to be demonstrated, including goals, objectives, and
  940  anticipated benefits; the number and types of residents who will
  941  be affected, if applicable; a brief description of how the
  942  demonstration will be evaluated; and any other information
  943  deemed appropriate by the agency. Any facility granted a waiver
  944  shall submit a report of findings to the agency within 12
  945  months. At such time, the agency may renew or revoke the waiver
  946  or pursue any regulatory or statutory changes necessary to allow
  947  other facilities to adopt the same practices. The agency may by
  948  rule clarify terms and establish waiver application procedures,
  949  criteria for reviewing waiver proposals, and procedures for
  950  reporting findings, as necessary to implement this subsection.
  951         (5) The agency may use an abbreviated biennial standard
  952  licensure inspection that consists of a review of key quality
  953  of-care standards in lieu of a full inspection in a facility
  954  that has a good record of past performance. However, a full
  955  inspection must be conducted in a facility that has a history of
  956  class I or class II violations;, uncorrected class III
  957  violations; or a class I, class II, or uncorrected class III
  958  violation resulting from a complaint referred by the State Long
  959  Term Care Ombudsman Program, confirmed ombudsman council
  960  complaints, or confirmed licensure complaints within the
  961  previous licensure period immediately preceding the inspection
  962  or if a potentially serious problem is identified during the
  963  abbreviated inspection. The agency shall adopt by rule develop
  964  the key quality-of-care standards with input from the State
  965  Long-Term Care Ombudsman Council and representatives of provider
  966  groups for incorporation into its rules.
  967         Section 11. Section 429.435, Florida Statutes, is created
  968  to read:
  969         429.435 Uniform firesafety standards.—Uniform firesafety
  970  standards for assisted living facilities, which are residential
  971  board and care occupancies, shall be established by the State
  972  Fire Marshal pursuant to s. 633.206.
  973         (1)EVACUATION CAPABILITY.—A firesafety evacuation
  974  capability determination shall be conducted within 6 months
  975  after the date of initial licensure of an assisted living
  976  facility, if required.
  977         (2)FIRESAFETY REQUIREMENTS.—
  978         (a)The National Fire Protection Association, Life Safety
  979  Code, NFPA 101 and 101A, current editions, must be used in
  980  determining the uniform firesafety code adopted by the State
  981  Fire Marshal for assisted living facilities, pursuant to s.
  982  633.206.
  983         (b)A local government or a utility may charge fees that do
  984  not exceed the actual costs incurred by the local government or
  985  the utility for the installation and maintenance of an automatic
  986  fire sprinkler system in a licensed assisted living facility
  987  structure.
  988         (c)All licensed facilities must have an annual fire
  989  inspection conducted by the local fire marshal or authority
  990  having jurisdiction.
  991         (d)An assisted living facility that was issued a building
  992  permit or certificate of occupancy before July 1, 2016, at its
  993  option and after notifying the authority having jurisdiction,
  994  may remain under the provisions of the 1994 and 1995 editions of
  995  the National Fire Protection Association, Life Safety Code, NFPA
  996  101 and 101A. A facility opting to remain under such provisions
  997  may make repairs, modernizations, renovations, or additions to,
  998  or rehabilitate, the facility in compliance with NFPA 101, 1994
  999  edition, and may utilize the alternative approaches to life
 1000  safety in compliance with NFPA 101A, 1995 edition. However, a
 1001  facility for which a building permit or certificate of occupancy
 1002  was issued before July 1, 2016, which undergoes Level III
 1003  building alteration or rehabilitation, as defined in the Florida
 1004  Building Code, or which seeks to utilize features not authorized
 1005  under the 1994 or 1995 editions of the Life Safety Code, shall
 1006  thereafter comply with all aspects of the uniform firesafety
 1007  standards established under s. 633.206 and the Florida Fire
 1008  Prevention Code in effect for assisted living facilities as
 1009  adopted by the State Fire Marshal.
 1010         Section 12. Section 429.52, Florida Statutes, is amended to
 1011  read:
 1012         429.52 Staff training and educational requirements
 1013  programs; core educational requirement.—
 1014         (1) Effective October 1, 2015, Each new assisted living
 1015  facility employee who has not previously completed core training
 1016  must attend a preservice orientation provided by the facility
 1017  before interacting with residents. The preservice orientation
 1018  must be at least 2 hours in duration and cover topics that help
 1019  the employee provide responsible care and respond to the needs
 1020  of facility residents. Upon completion, the employee and the
 1021  administrator of the facility must sign a statement that the
 1022  employee completed the required preservice orientation. The
 1023  facility must keep the signed statement in the employee’s
 1024  personnel record.
 1025         (2) Administrators and other assisted living facility staff
 1026  must meet minimum training and education requirements
 1027  established by the agency by rule. This training and education
 1028  is intended to assist facilities to appropriately respond to the
 1029  needs of residents, to maintain resident care and facility
 1030  standards, and to meet licensure requirements.
 1031         (3) The agency, in conjunction with providers, shall
 1032  develop core training requirements for administrators consisting
 1033  of core training learning objectives, a competency test, and a
 1034  minimum required score to indicate successful passage completion
 1035  of the core competency test training and educational
 1036  requirements. The required core competency test training and
 1037  education must cover at least the following topics:
 1038         (a) State law and rules relating to assisted living
 1039  facilities.
 1040         (b) Resident rights and identifying and reporting abuse,
 1041  neglect, and exploitation.
 1042         (c) Special needs of elderly persons, persons with mental
 1043  illness, and persons with developmental disabilities and how to
 1044  meet those needs.
 1045         (d) Nutrition and food service, including acceptable
 1046  sanitation practices for preparing, storing, and serving food.
 1047         (e) Medication management, recordkeeping, and proper
 1048  techniques for assisting residents with self-administered
 1049  medication.
 1050         (f) Firesafety requirements, including fire evacuation
 1051  drill procedures and other emergency procedures.
 1052         (g) Care of persons with Alzheimer’s disease and related
 1053  disorders.
 1054         (4) A new facility administrator must complete the required
 1055  core training and education, including the competency test,
 1056  within 90 days after the date of employment as an administrator.
 1057  Failure to do so is a violation of this part and subjects the
 1058  violator to an administrative fine as prescribed in s. 429.19.
 1059  Administrators licensed in accordance with part II of chapter
 1060  468 are exempt from this requirement. Other licensed
 1061  professionals may be exempted, as determined by the agency by
 1062  rule.
 1063         (5) Administrators are required to participate in
 1064  continuing education for a minimum of 12 contact hours every 2
 1065  years.
 1066         (6) Staff involved with the management of medications and
 1067  assisting with the self-administration of medications under s.
 1068  429.256 must complete a minimum of 6 additional hours of
 1069  training provided by a registered nurse or, a licensed
 1070  pharmacist before providing assistance, or agency staff. Two
 1071  hours of continuing education are required annually thereafter.
 1072  The agency shall establish by rule the minimum requirements of
 1073  this additional training.
 1074         (7) Other Facility staff shall participate in in-service
 1075  training relevant to their job duties as specified by agency
 1076  rule of the agency. Topics covered during the preservice
 1077  orientation are not required to be repeated during in-service
 1078  training. A single certificate of completion that covers all
 1079  required in-service training topics may be issued to a
 1080  participating staff member if the training is provided in a
 1081  single training course.
 1082         (8) If the agency determines that there are problems in a
 1083  facility which could be reduced through specific staff training
 1084  or education beyond that already required under this section,
 1085  the agency may require, and provide, or cause to be provided,
 1086  the training or education of any personal care staff in the
 1087  facility.
 1088         (9) The agency shall adopt rules related to these training
 1089  and education requirements, the competency test, necessary
 1090  procedures, and competency test fees and shall adopt or contract
 1091  with another entity to develop and administer the competency
 1092  test. The agency shall adopt a curriculum outline with learning
 1093  objectives to be used by core trainers, which shall be used as
 1094  the minimum core training content requirements. The agency shall
 1095  consult with representatives of stakeholder associations and
 1096  agencies in the development of the curriculum outline.
 1097         (10) The core training required by this section other than
 1098  the preservice orientation must be conducted by persons
 1099  registered with the agency as having the requisite experience
 1100  and credentials to conduct the training. A person seeking to
 1101  register as a core trainer must provide the agency with proof of
 1102  completion of the minimum core training education requirements,
 1103  successful passage of the competency test established under this
 1104  section, and proof of compliance with the continuing education
 1105  requirement in subsection (5).
 1106         (11) A person seeking to register as a core trainer also
 1107  must also:
 1108         (a) Provide proof of completion of a 4-year degree from an
 1109  accredited college or university and must have worked in a
 1110  management position in an assisted living facility for 3 years
 1111  after being core certified;
 1112         (b) Have worked in a management position in an assisted
 1113  living facility for 5 years after being core certified and have
 1114  1 year of teaching experience as an educator or staff trainer
 1115  for persons who work in assisted living facilities or other
 1116  long-term care settings;
 1117         (c) Have been previously employed as a core trainer for the
 1118  agency or department; or
 1119         (d) Meet other qualification criteria as defined in rule,
 1120  which the agency is authorized to adopt.
 1121         (12) The agency shall adopt rules to establish core trainer
 1122  registration and removal requirements.
 1123         Section 13. This act shall take effect July 1, 2020.