Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 634
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Health Policy (Gibson) recommended the
    1         Senate Amendment (with title amendment)
    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.
  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