Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 634 Ì375452*Î375452 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/10/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Gibson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 72 - 180 4 and insert: 5 chapter 400 or chapter 429. 6 (c) “Employee” means any staff member who has regular 7 contact or incidental contact on a recurring basis with clients, 8 patients, or residents of a facility licensed under part II, 9 part III, or part IV of chapter 400 or chapter 429. The term 10 includes, but is not limited to, direct care workers; staff 11 responsible for housekeeping, the front desk, maintenance, and 12 other administrative functions; and any other individuals who 13 may have regular contact or incidental contact on a recurring 14 basis with clients, patients, or residents. 15 (d) “Licensee” means a person or an entity licensed under 16 part II, part III, or part IV of chapter 400 or chapter 429. 17 (2) As a condition of licensure, licensees must provide to 18 each of their employees, within 30 days after their employment 19 begins, 1 hour of dementia-related training, which must include 20 methods for interacting with persons with Alzheimer’s disease or 21 a related disorder and for identifying warning signs of 22 dementia. 23 (3) In addition to the training requirements of subsection 24 (2), licensees must require all employees who are direct care 25 workers to receive at least 3 hours of evidence-based training 26 if the direct care workers are expected to, or their 27 responsibilities require them to, have direct contact with 28 clients, patients, or residents with Alzheimer’s disease or a 29 related disorder or with populations that are at a greater risk 30 for Alzheimer’s disease or a related disorder. The training must 31 be completed within the first 3 months after employment begins 32 and must include, but need not be limited to, an overview of 33 Alzheimer’s disease and related disorders and person-centered 34 care, assessment and care planning, activities of daily living, 35 and dementia-related behaviors and communication for clients, 36 patients, and residents with Alzheimer’s disease or a related 37 disorder. Each calendar year thereafter, the licensee must 38 require all of its direct care workers to receive at least 4 39 hours of continuing education, approved by the department, on 40 these topics and any related changes in state or federal law. 41 (4) If a licensee advertises that it provides special care 42 for individuals with Alzheimer’s disease or a related disorder 43 which includes direct care to such individuals, the licensee 44 must require its direct care workers to complete 4 hours of 45 training developed or approved by the department. This training 46 is in addition to the training requirements of subsections (2) 47 and (3) and must be completed within 4 months after employment 48 begins. 49 (5) Completion of the 4 hours of training developed or 50 approved by the department under subsection (4) shall count 51 toward a certified nursing assistant’s annual training 52 requirements. 53 (6) If a health care practitioner as defined in s. 456.001 54 completes continuing education hours as required by that 55 practitioner’s licensing board, he or she may count those 56 continuing education hours toward satisfaction of the training 57 requirements of subsections (3) and (4) if the course curriculum 58 covers the topics required under those subsections. The 59 department must approve such continuing education hours for 60 purposes of satisfying the training requirements of subsections 61 (3) and (4). 62 (7) The department or its designee shall develop a process 63 for registering training providers and maintain a list of those 64 providers approved to provide training required under this 65 section. To be approved, a training provider must have at least 66 2 years of experience related to Alzheimer’s disease or related 67 disorders, gerontology, health care, or a related field. The 68 department or its designee shall issue each approved training 69 provider a unique registration identifier. 70 (8) The department or its designee shall approve the 71 courses that licensees may use to satisfy the training 72 requirements under this section. The department or its designee 73 must approve training offered in a variety of formats, 74 including, but not limited to, Internet-based training, videos, 75 teleconferencing, and classroom instruction. 76 (9) For each training topic required under this section, 77 the training provider shall develop an assessment that measures 78 an individual’s understanding of the topic and indicate a 79 minimum required score to pass the assessment. Upon completion 80 of any training under this section, the employee or direct care 81 worker must pass the related assessment. If an employee or a 82 direct care worker completes a training and passes the related 83 assessment, the training provider must issue the employee or 84 direct care worker a certificate that includes the training 85 provider’s name and unique identifier, the topic covered in the 86 training, the date of completion, and the signature of the 87 training provider. The certificate is evidence of completion of 88 the training and assessment in the identified topic, and the 89 employee or direct care worker is not required to repeat 90 training in that topic if he or she changes employment to a 91 different licensee, but he or she must comply with any 92 applicable continuing education requirements under this section. 93 Licensees must maintain copies of certificates issued to each of 94 their employees or direct care workers under this section and 95 must make them available for inspection to meet the requirements 96 of licensure. 97 (10) The department shall adopt rules to implement this 98 section. 99 Section 3. Section 429.83, Florida Statutes, is amended to 100 read: 101 429.83 Residents with Alzheimer’s disease or other related 102 disorders; training; certain disclosures.— 103 (1) An adult family-care home licensed under this part must 104 provide staff training as required in s. 430.5025. 105 (2) An adult family-care home licensed under this part 106 which claims that it provides special care for persons who have 107 Alzheimer’s disease or other related disorders must Disclose in 108 its advertisements or in a separate document those services that 109 distinguish the care as being especially applicable to, or 110 suitable for, such persons. The home must give a copy of all 111 such advertisements or a copy of the document to each person who 112 requests information about programs and services for persons 113 with Alzheimer’s disease or other related disorders offered by 114 the home and must maintain a copy of all such advertisements and 115 documents in its records. The agency shall examine all such 116 advertisements and documents in the home’s records as part of 117 the license renewal procedure. 118 119 ================= T I T L E A M E N D M E N T ================ 120 And the title is amended as follows: 121 Delete lines 22 - 54 122 and insert: 123 dementia-related training requirements; requiring the 124 department or its designee to develop a registration 125 process for training providers; specifying 126 requirements for such registration; requiring the 127 department or its designee to issue unique identifiers 128 to approved training providers; requiring the 129 department or its designee to approve courses used to 130 satisfy the dementia-related training requirements; 131 requiring such courses to be approved in various; 132 requiring training providers to develop certain 133 assessments and passing scores for a specified 134 purpose; requiring certain employees to take and pass 135 such assessments upon completion of the training; 136 requiring training providers to issue such employees a 137 certificate upon completing the training and passing 138 the assessments; providing requirements for the 139 certificate; providing that certain employees do not 140 need to repeat certain training when changing 141 employment, under certain circumstances; requiring 142 licensees to maintain copies of training 143 certifications for each of their employees and direct 144 care workers; requiring licensees to make such copies 145 available for inspection for a specified purpose; 146 requiring the department to adopt rules; amending ss. 147 400.1755, 400.4785, 400.6045, 429.178, 429.52, 429.83, 148 and 429.917, F.S.; revising dementia-related staff 149 training requirements for nursing homes, home health 150 agencies, hospices, facilities that provide special 151 care for persons with Alzheimer’s disease or related 152 disorders, assisted living facilities, adult family 153 care homes, and adult day care centers, respectively, 154 to conform to changes made by