Florida Senate - 2022 SB 1572
By Senator Baxley
12-00829C-22 20221572__
1 A bill to be entitled
2 An act relating to dementia-related staff training;
3 providing a short title; creating s. 430.5025, F.S.;
4 defining terms; requiring the Department of Elderly
5 Affairs or its designee to develop or approve certain
6 dementia-related education and training; requiring
7 such education and training to be offered in a variety
8 of formats; authorizing the department or its designee
9 to approve existing training courses and curricula if
10 they meet certain requirements; requiring the
11 department or its designee to offer certain education
12 to the public; providing requirements for such
13 education; requiring the department or its designee to
14 develop or approve certain dementia-related training
15 for covered provider employees; providing requirements
16 for the training; requiring the department or its
17 designee to make such training available at no cost
18 and accessible in online formats; requiring the
19 department or its designee to provide for certificates
20 of completion for such training; providing
21 requirements for such certificates; requiring covered
22 providers to provide specified information and
23 dementia-related training to new employees within a
24 specified timeframe; requiring covered providers to
25 maintain copies of employees’ certificates of
26 completion; providing that employees who complete such
27 training do not need to repeat the training upon
28 change of employment to another covered provider;
29 requiring certain employees to receive additional
30 dementia-related training under certain circumstances
31 within a specified timeframe; providing requirements
32 for the training; authorizing certain employees hired
33 before a specified date to count completed training
34 toward such training requirements; extending the
35 timeframe in which certain employees must complete
36 such training; requiring certain employees to complete
37 continuing education in specified topics each year;
38 providing that the dementia-related training counts
39 toward a certified nursing assistant’s annual training
40 requirements; authorizing certain health care
41 practitioners to count certain continuing education
42 and training hours toward the dementia-related
43 training requirements under certain circumstances;
44 requiring the department to approve such continuing
45 education hours to satisfy the dementia-related
46 training requirements; authorizing the department to
47 adopt rules; creating s. 400.511, F.S.; requiring
48 individuals employed, contracted, or referred by a
49 nurse registry and individuals registered as companion
50 or homemaker services providers to complete specified
51 dementia-related training; amending ss. 400.1755,
52 400.4785, 429.178, 429.52, 429.75, 429.83, 429.917,
53 and 429.918, F.S.; revising dementia-related staff
54 training requirements for nursing homes, home health
55 agencies, facilities that provide special care for
56 persons with Alzheimer’s disease or related dementia,
57 assisted living facilities, adult family-care homes,
58 adult day care centers, and specialized Alzheimer’s
59 services adult day care centers, respectively, to
60 conform to changes made by the act; providing an
61 effective date.
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. This act may be cited as the “Florida
66 Alzheimer’s Disease and Dementia Training and Education Act.”
67 Section 2. Section 430.5025, Florida Statutes, is created
68 to read:
69 430.5025 Florida Alzheimer’s Disease and Dementia Training
70 and Education Act.—
71 (1) As used in this section, the term:
72 (a) “Covered provider” means a nursing home facility, home
73 health agency, nurse registry, or companion or homemaker service
74 provider licensed or registered under chapter 400 or an assisted
75 living facility, adult family-care home, or adult day care
76 center licensed under chapter 429.
77 (b) “Department” means the Department of Elderly Affairs.
78 (c) “Direct care worker” means an individual who, as part
79 of his or her employment duties, provides or has access to
80 provide direct contact assistance with personal care or
81 activities of daily living to clients, patients, or residents of
82 any facility licensed under part II, part III, or part IV of
83 chapter 400 or chapter 429.
84 (d) “Employee” means any staff member, contracted staff, or
85 independent contractor hired or referred by a covered provider
86 who is required to undergo a level 2 background screening as
87 required by s. 408.809(1)(e). The term includes, but is not
88 limited to, direct care workers; staff responsible for
89 housekeeping, the front desk, and other administrative
90 functions; and companions or homemakers.
91 (2) The department or its designee shall develop or approve
92 education and training required under this section, which must
93 be in a variety of formats, including, but not limited to,
94 Internet-based training, videos, teleconferencing, and classroom
95 instruction. The department or its designee may approve any
96 existing training course or curriculum that is being used by a
97 covered provider if it meets the requirements of this section.
98 (3) The department or its designee shall offer education to
99 the general public about Alzheimer’s disease and related forms
100 of dementia. Such education must provide basic information about
101 the most common forms of dementia, how to identify the signs and
102 symptoms of dementia, skills for coping with and responding to
103 changes as a result of the onset of dementia symptoms, planning
104 for the future, and how to access additional resources about
105 dementia.
106 (4) The department or its designee shall develop or approve
107 1 hour of dementia-related training for covered provider
108 employees. The training must include basic information about the
109 most common forms of dementia and instruction on methods for
110 identifying warning signs and symptoms of dementia and skills
111 for communicating and interacting with individuals who have
112 Alzheimer’s disease or related dementia. The department shall
113 provide the 1-hour training to covered providers and their
114 employees at no cost and shall make the training accessible
115 online through Internet-based formats, videos, and
116 teleconferencing. The department or its designee shall provide
117 for certificates of completion for the training which identify
118 the name of the training and training provider, the name of the
119 employee, and the date of completion.
120 (5) A covered provider shall do all of the following:
121 (a) Provide each employee, upon beginning employment, with
122 basic written information about interacting with patients who
123 have Alzheimer’s disease or related dementia.
124 (b) Provide each employee with 1 hour of dementia-related
125 training, as developed or approved by the department or its
126 designee under subsection (4).
127 1. A covered provider must require an employee to complete
128 the training within 30 days after employment begins.
129 2. A covered provider must maintain in its records a copy
130 of the employee’s certificate of completion of the training.
131 3. An employee who has completed the training under this
132 paragraph is not required to repeat the course upon changing
133 employment to a different covered provider.
134 (6)(a) In addition to the training requirements of
135 subsection (5), covered providers shall require all employees
136 who are direct care workers to receive additional training if
137 they are required to have direct contact with clients, patients,
138 or residents with Alzheimer’s disease or related dementia, as
139 follows:
140 1. Covered providers licensed under part III of chapter 400
141 must require their direct care workers to complete 2 additional
142 hours of training developed or approved by the department or its
143 designee.
144 2. Covered providers licensed under part II of chapter 400
145 or chapter 429 must require their direct care workers to
146 complete 3 additional hours of training developed or approved by
147 the department or its designee.
148 (b) The training must be completed within the first 4
149 months after employment begins and must include, but need not be
150 limited to, information related to management of problem
151 behaviors and promotion of independence in activities of daily
152 living and instruction on skills for working with family members
153 and caregivers of patients.
154 (c) A direct care worker hired before July 1, 2022, who has
155 completed dementia-related training may count those hours toward
156 satisfying the training requirement under this subsection. A
157 direct care worker hired before July 1, 2022, who has not yet
158 completed dementia-related training must complete the training
159 required under this subsection by July 1, 2023.
160 (7)(a) If a covered provider advertises that it provides
161 special care for individuals with Alzheimer’s disease or related
162 dementia which includes direct care to such individuals, the
163 covered provider must require its direct care workers to
164 complete an additional 4 hours of training developed or approved
165 by the department. This training is in addition to the training
166 requirements of subsections (5) and (6) and must be completed
167 within 6 months after employment begins.
168 (b) In addition to the training required under paragraph
169 (a), a direct care worker must complete a minimum of 4 contact
170 hours of continuing education each calendar year. Such
171 continuing education must cover at least one of the topics
172 included in the dementia-related training developed or approved
173 by the department in which the direct care worker has not
174 received previous training.
175 (8) Completion of the 4 hours of training developed by or
176 approved by the department under subsections (5) and (6) counts
177 toward a certified nursing assistant’s annual training
178 requirements.
179 (9) If a health care practitioner as defined in s. 456.001
180 completes continuing education hours as required by that
181 practitioner’s licensing board, he or she may count those
182 continuing education hours toward satisfaction of the training
183 requirements of subsections (6) and (7) if the course curriculum
184 covers the same topics as the training developed or approved by
185 the department or its designee under those subsections. The
186 department must approve such continuing education hours for
187 purposes of satisfying the training requirements of subsection
188 (6) and paragraph (7)(a) and the continuing education
189 requirements of paragraph (7)(b).
190 (10) The department may adopt rules to implement this
191 section.
192 Section 3. Section 400.511, Florida Statutes, is created to
193 read:
194 400.511 Patients with Alzheimer’s disease or related
195 dementia; staff training requirements.—Each individual employed,
196 contracted, or referred by a nurse registry and any individual
197 registered with the agency to provide companion services or
198 homemaker services must complete the approved training as
199 required in s. 430.5025.
200 Section 4. Section 400.1755, Florida Statutes, is amended
201 to read:
202 400.1755 Care for persons with Alzheimer’s disease or
203 related dementia disorders; staff training requirements.—
204 (1) As a condition of licensure, facilities licensed under
205 this part must provide to each of their employees approved
206 training as required in s. 430.5025, upon beginning employment,
207 basic written information about interacting with persons with
208 Alzheimer’s disease or a related disorder.
209 (2) All employees who are expected to, or whose
210 responsibilities require them to, have direct contact with
211 residents with Alzheimer’s disease or a related disorder must,
212 in addition to being provided the information required in
213 subsection (1), also have an initial training of at least 1 hour
214 completed in the first 3 months after beginning employment. This
215 training must include, but is not limited to, an overview of
216 dementias and must provide basic skills in communicating with
217 persons with dementia.
218 (3) An individual who provides direct care shall be
219 considered a direct caregiver and must complete the required
220 initial training and an additional 3 hours of training within 9
221 months after beginning employment. This training shall include,
222 but is not limited to, managing problem behaviors, promoting the
223 resident’s independence in activities of daily living, and
224 skills in working with families and caregivers.
225 (a) The required 4 hours of training for certified nursing
226 assistants are part of the total hours of training required
227 annually.
228 (b) For a health care practitioner as defined in s.
229 456.001, continuing education hours taken as required by that
230 practitioner’s licensing board shall be counted toward this
231 total of 4 hours.
232 (4) For an employee who is a licensed health care
233 practitioner as defined in s. 456.001, training that is
234 sanctioned by that practitioner’s licensing board shall be
235 considered to be approved by the Department of Elderly Affairs.
236 (5) The Department of Elderly Affairs or its designee must
237 approve the initial and continuing training provided in the
238 facilities. The department must approve training offered in a
239 variety of formats, including, but not limited to, Internet
240 based training, videos, teleconferencing, and classroom
241 instruction. The department shall keep a list of current
242 providers who are approved to provide initial and continuing
243 training. The department shall adopt rules to establish
244 standards for the trainers and the training required in this
245 section.
246 (6) Upon completing any training listed in this section,
247 the employee or direct caregiver shall be issued a certificate
248 that includes the name of the training provider, the topic
249 covered, and the date and signature of the training provider.
250 The certificate is evidence of completion of training in the
251 identified topic, and the employee or direct caregiver is not
252 required to repeat training in that topic if the employee or
253 direct caregiver changes employment to a different facility or
254 to an assisted living facility, home health agency, adult day
255 care center, or adult family-care home. The direct caregiver
256 must comply with other applicable continuing education
257 requirements.
258 Section 5. Section 400.4785, Florida Statutes, is amended
259 to read:
260 400.4785 Patients with Alzheimer’s disease or other related
261 dementia disorders; staff training requirements; certain
262 disclosures.—
263 (1) A home health agency must provide the following staff
264 to each of its employees approved training as required in s.
265 430.5025:
266 (a) Upon beginning employment with the agency, each
267 employee must receive basic written information about
268 interacting with participants who have Alzheimer’s disease or
269 dementia-related disorders.
270 (b) In addition to the information provided under paragraph
271 (a), newly hired home health agency personnel who will be
272 providing direct care to patients must complete 2 hours of
273 training in Alzheimer’s disease and dementia-related disorders
274 within 9 months after beginning employment with the agency. This
275 training must include, but is not limited to, an overview of
276 dementia, a demonstration of basic skills in communicating with
277 persons who have dementia, the management of problem behaviors,
278 information about promoting the client’s independence in
279 activities of daily living, and instruction in skills for
280 working with families and caregivers.
281 (c) For certified nursing assistants, the required 2 hours
282 of training shall be part of the total hours of training
283 required annually.
284 (d) For a health care practitioner as defined in s.
285 456.001, continuing education hours taken as required by that
286 practitioner’s licensing board shall be counted toward the total
287 of 2 hours.
288 (e) For an employee who is a licensed health care
289 practitioner as defined in s. 456.001, training that is
290 sanctioned by that practitioner’s licensing board shall be
291 considered to be approved by the Department of Elderly Affairs.
292 (f) The Department of Elderly Affairs, or its designee,
293 must approve the required training. The department must consider
294 for approval training offered in a variety of formats. The
295 department shall keep a list of current providers who are
296 approved to provide the 2-hour training. The department shall
297 adopt rules to establish standards for the employees who are
298 subject to this training, for the trainers, and for the training
299 required in this section.
300 (g) Upon completing the training listed in this section,
301 the employee shall be issued a certificate that states that the
302 training mandated under this section has been received. The
303 certificate shall be dated and signed by the training provider.
304 The certificate is evidence of completion of this training, and
305 the employee is not required to repeat this training if the
306 employee changes employment to a different home health agency.
307 (2)(h) A licensed home health agency whose unduplicated
308 census during the most recent calendar year was composed
309 comprised of at least 90 percent of individuals aged 21 years or
310 younger at the date of admission is exempt from the training
311 requirements in this section.
312 (3)(2) An agency licensed under this part which claims that
313 it provides special care for persons who have Alzheimer’s
314 disease or other related dementia disorders must disclose in its
315 advertisements or in a separate document those services that
316 distinguish the care as being especially applicable to, or
317 suitable for, such persons. The agency must give a copy of all
318 such advertisements or a copy of the document to each person who
319 requests information about the agency and must maintain a copy
320 of all such advertisements and documents in its records. The
321 Agency for Health Care Administration shall examine all such
322 advertisements and documents in the agency’s records as part of
323 the license renewal procedure.
324 Section 6. Subsections (2) through (6) of section 429.178,
325 Florida Statutes, are amended to read:
326 429.178 Special care for persons with Alzheimer’s disease
327 or other related dementia disorders.—
328 (2)(a) An individual who is employed by a facility that
329 provides special care for residents who have Alzheimer’s disease
330 or other related dementia disorders, and who has regular contact
331 with such residents, must complete up to 4 hours of initial
332 dementia-specific approved training as required in s. 430.5025
333 developed or approved by the department. The training must be
334 completed within 3 months after beginning employment and satisfy
335 the core training requirements of s. 429.52(3)(g).
336 (b) A direct caregiver who is employed by a facility that
337 provides special care for residents who have Alzheimer’s disease
338 or other related disorders and provides direct care to such
339 residents must complete the required initial training and 4
340 additional hours of training developed or approved by the
341 department. The training must be completed within 9 months after
342 beginning employment and satisfy the core training requirements
343 of s. 429.52(3)(g).
344 (c) An individual who is employed by a facility that
345 provides special care for residents with Alzheimer’s disease or
346 other related disorders, but who only has incidental contact
347 with such residents, must be given, at a minimum, general
348 information on interacting with individuals with Alzheimer’s
349 disease or other related disorders, within 3 months after
350 beginning employment.
351 (3) In addition to the training required under subsection
352 (2), a direct caregiver must participate in a minimum of 4
353 contact hours of continuing education each calendar year. The
354 continuing education must include one or more topics included in
355 the dementia-specific training developed or approved by the
356 department, in which the caregiver has not received previous
357 training.
358 (4) Upon completing any training listed in subsection (2),
359 the employee or direct caregiver shall be issued a certificate
360 that includes the name of the training provider, the topic
361 covered, and the date and signature of the training provider.
362 The certificate is evidence of completion of training in the
363 identified topic, and the employee or direct caregiver is not
364 required to repeat training in that topic if the employee or
365 direct caregiver changes employment to a different facility. The
366 employee or direct caregiver must comply with other applicable
367 continuing education requirements.
368 (5) The department, or its designee, shall approve the
369 initial and continuing education courses and providers.
370 (6) The department shall keep a current list of providers
371 who are approved to provide initial and continuing education for
372 staff of facilities that provide special care for persons with
373 Alzheimer’s disease or other related disorders.
374 Section 7. Subsection (1) of section 429.52, Florida
375 Statutes, is amended to read:
376 429.52 Staff training and educational requirements.—
377 (1) Each new assisted living facility employee who has not
378 previously completed core training must attend a preservice
379 orientation provided by the facility before interacting with
380 residents. The preservice orientation must be at least 2 hours
381 in duration and cover topics that help the employee provide
382 responsible care and respond to the needs of facility residents.
383 Upon completion, the employee and the administrator of the
384 facility must sign a statement that the employee completed the
385 required preservice orientation. The facility must keep the
386 signed statement in the employee’s personnel record. As a
387 condition of licensure, an assisted living facility licensed
388 under this part must provide to each of its employees approved
389 training as required in s. 430.5025.
390 Section 8. Present subsections (3), (4), and (5) of section
391 429.75, Florida Statutes, are redesignated as subsections (4),
392 (5), and (6), respectively, and a new subsection (3) is added to
393 that section, to read:
394 429.75 Training and education programs.—
395 (3) As a condition of licensure, an adult family-care home
396 licensed under this part must provide to each of its employees
397 approved training as required in s. 430.5025.
398 Section 9. Section 429.83, Florida Statutes, is amended to
399 read:
400 429.83 Residents with Alzheimer’s disease or other related
401 dementia disorders; training; certain disclosures.—
402 (1) As a condition of licensure, an adult family-care home
403 licensed under this part must provide to each of its employees
404 approved training as required in s. 430.5025.
405 (2) An adult family-care home licensed under this part
406 which claims that it provides special care for persons who have
407 Alzheimer’s disease or other related dementia disorders must
408 Disclose in its advertisements or in a separate document those
409 services that distinguish the care as being especially
410 applicable to, or suitable for, such persons. The home must give
411 a copy of all such advertisements or a copy of the document to
412 each person who requests information about programs and services
413 for persons with Alzheimer’s disease or other related dementia
414 disorders offered by the home and must maintain a copy of all
415 such advertisements and documents in its records. The agency
416 shall examine all such advertisements and documents in the
417 home’s records as part of the license renewal procedure.
418 Section 10. Subsection (1) of section 429.917, Florida
419 Statutes, is amended to read:
420 429.917 Patients with Alzheimer’s disease or other related
421 dementia disorders; staff training requirements; certain
422 disclosures.—
423 (1) An adult day care center licensed under this part must
424 provide to each of its employees approved the following staff
425 training as required in s. 430.5025:
426 (a) Upon beginning employment with the facility, each
427 employee must receive basic written information about
428 interacting with participants who have Alzheimer’s disease or
429 dementia-related disorders.
430 (b) In addition to the information provided under paragraph
431 (a), newly hired adult day care center personnel who are
432 expected to, or whose responsibilities require them to, have
433 direct contact with participants who have Alzheimer’s disease or
434 dementia-related disorders must complete initial training of at
435 least 1 hour within the first 3 months after beginning
436 employment. The training must include an overview of dementias
437 and must provide instruction in basic skills for communicating
438 with persons who have dementia.
439 (c) In addition to the requirements of paragraphs (a) and
440 (b), an employee who will be providing direct care to a
441 participant who has Alzheimer’s disease or a dementia-related
442 disorder must complete an additional 3 hours of training within
443 9 months after beginning employment. This training must include,
444 but is not limited to, the management of problem behaviors,
445 information about promoting the participant’s independence in
446 activities of daily living, and instruction in skills for
447 working with families and caregivers.
448 (d) For certified nursing assistants, the required 4 hours
449 of training shall be part of the total hours of training
450 required annually.
451 (e) For a health care practitioner as defined in s.
452 456.001, continuing education hours taken as required by that
453 practitioner’s licensing board shall be counted toward the total
454 of 4 hours.
455 (f) For an employee who is a licensed health care
456 practitioner as defined in s. 456.001, training that is
457 sanctioned by that practitioner’s licensing board shall be
458 considered to be approved by the Department of Elderly Affairs.
459 (g) The Department of Elderly Affairs or its designee must
460 approve the 1-hour and 3-hour training provided to employees and
461 direct caregivers under this section. The department must
462 consider for approval training offered in a variety of formats.
463 The department shall keep a list of current providers who are
464 approved to provide the 1-hour and 3-hour training. The
465 department shall adopt rules to establish standards for the
466 employees who are subject to this training, for the trainers,
467 and for the training required in this section.
468 (h) Upon completing any training described in this section,
469 the employee or direct caregiver shall be issued a certificate
470 that includes the name of the training provider, the topic
471 covered, and the date and signature of the training provider.
472 The certificate is evidence of completion of training in the
473 identified topic, and the employee or direct caregiver is not
474 required to repeat training in that topic if the employee or
475 direct caregiver changes employment to a different adult day
476 care center or to an assisted living facility, nursing home,
477 home health agency, or hospice. The direct caregiver must comply
478 with other applicable continuing education requirements.
479 (i) An employee who is hired on or after July 1, 2004, must
480 complete the training required by this section.
481 Section 11. Subsection (6) of section 429.918, Florida
482 Statutes, is amended to read:
483 429.918 Licensure designation as a specialized Alzheimer’s
484 services adult day care center.—
485 (6)(a) An adult day care center having a license designated
486 under this section must provide the following staff training and
487 supervision:
488 1. Have a registered nurse or licensed practical nurse must
489 be on site daily for at least 75 percent of the time that the
490 center is open to ADRD participants. Each licensed practical
491 nurse who works at the center must be supervised in accordance
492 with chapter 464.
493 2. As a condition of licensure, provide approved training
494 as required in s. 430.5025 Upon beginning employment with the
495 center, each employee must receive and review basic written
496 information about interacting with ADRD participants.
497 3. In addition to the information provided in subparagraph
498 2., every employee hired on or after July 1, 2012, who has
499 direct contact with ADRD participants shall complete 4 hours of
500 dementia-specific training within 3 months after employment.
501 4. In addition to the requirements of subparagraphs 2. and
502 3., each employee hired on or after July 1, 2012, who provides
503 direct care to ADRD participants shall complete an additional 4
504 hours of dementia-specific training within 6 months after
505 employment.
506 (b) The Department of Elderly Affairs or its designee shall
507 approve the training required under this section. The department
508 shall adopt rules to establish standards for employees who are
509 subject to this training, for trainers, and for the training
510 required in this section.
511 (c) Upon completing any training described in this section,
512 the employee shall be issued a certificate that includes the
513 name of the training provider, the topics covered, and the date
514 and signature of the training provider. The certificate is
515 evidence of completion of training in the identified topics, and
516 the employee is not required to repeat training in those topics
517 if the employee changes employment to a different adult day care
518 center.
519 (b)(d) Each employee hired on or after July 1, 2012, who
520 provides direct care to ADRD participants, must receive and
521 review an orientation plan that includes, at a minimum:
522 1. Procedures to locate an ADRD participant who has
523 wandered from the center. These procedures must shall be
524 reviewed regularly with all direct care staff.
525 2. Information on the Silver Alert program in this state.
526 3. Information regarding available products or programs
527 used to identify ADRD participants or prevent them from
528 wandering away from the center, their home, or other locations.
529 Section 12. This act shall take effect July 1, 2022.