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         430.5025Florida 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         400.511Patients 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.