Florida Senate - 2023 SB 1182
By Senator Simon
3-00592-23 20231182__
1 A bill to be entitled
2 An act relating to education and training for
3 Alzheimer’s disease and related forms of dementia;
4 creating s. 430.5025, F.S.; providing a short title;
5 defining terms; requiring the Department of Elderly
6 Affairs to offer certain education about Alzheimer’s
7 disease and related forms of dementia to the general
8 public; specifying uniform dementia-related education
9 and training for employees of covered providers;
10 requiring the department to provide certain dementia
11 related employee training in an online format and at
12 no cost; providing minimum requirements for the
13 training; requiring the department to make a record of
14 the completion of the training; providing requirements
15 for the record; requiring covered providers to
16 maintain such records of training completion for their
17 employees; providing that an employee does not have to
18 repeat such training after changing employment to
19 another covered provider; providing additional
20 training and continuing education requirements for
21 certain employees who provide direct care to patients
22 with Alzheimer’s disease or related forms of dementia;
23 authorizing the department to establish training
24 curriculum guidelines; authorizing the department to
25 approve training providers and curricula and maintain
26 a list of approved providers; authorizing training to
27 be offered in a variety of formats; providing that
28 certain continuing education does not require the
29 adoption of curriculum guidelines by the department or
30 provider or curriculum approval by the department;
31 providing qualifications and requirements for training
32 providers; providing that training curricula approved
33 before the effective date of this act remain in effect
34 until their respective expiration dates; authorizing
35 the department to adopt rules related to qualified
36 training providers and compliance monitoring
37 procedures; authorizing certified nursing assistants
38 to count the dementia-related training toward their
39 annual certification training requirements;
40 authorizing health care practitioners to count the
41 dementia-related training requirements toward their
42 continuing education requirements for licensure;
43 authorizing persons employed, contracted, or referred
44 to provide services before the effective date of this
45 act to complete the required training by a specified
46 date; providing for the substitution of equivalent
47 training for training required by this act;
48 authorizing persons to satisfy the training
49 requirements of this act using training curricula
50 approved before the effective date of this act until
51 the department adopts rules for training curricula
52 guidelines; amending ss. 400.0239, 400.1755, 400.4785,
53 and 400.6045, F.S.; conforming provisions to changes
54 made by the act; creating s. 400.51, F.S.; requiring a
55 person employed, contracted, or referred by a nurse
56 registry or a person registered with the Agency for
57 Health Care Administration to provide companion or
58 homemaker services to complete specified training;
59 amending ss. 429.178, 429.52, 429.83, 429.917, and
60 429.918, F.S.; conforming provisions to changes made
61 by the act; providing an effective date.
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. Section 430.5025, Florida Statutes, is created
66 to read:
67 430.5025 Alzheimer’s disease and related forms of dementia;
68 education and training.—
69 (1) This section may be cited as the “Alzheimer’s Disease
70 and Related Forms of Dementia Education and Training Act.”
71 (2) As used in this section, the term:
72 (a) “Covered provider” means a nursing home, a home health
73 agency, a nurse registry, a companion or homemaker service
74 provider, an assisted living facility, an adult family-care
75 home, or an adult day care center licensed or registered under
76 chapter 400 or chapter 429.
77 (b) “Department” means the Department of Elderly Affairs or
78 its designee.
79 (c) “Employee” means a person, contracted staff, or an
80 independent contractor employed or referred by a covered
81 provider who is required to undergo a level 2 background
82 screening under s. 408.809 and chapter 435.
83 (d) “Personal care” means providing, through in-person
84 contact, assistance with activities of daily living, assistance
85 with self-administration of medication, homemaker or companion
86 services, nursing services, or other services that promote the
87 physical, mental, and psychosocial well-being of participants,
88 patients, and residents of covered providers. The term does not
89 include duties involving administrative functions or maintaining
90 the physical environment of a licensed facility, including
91 grounds maintenance, building maintenance, housekeeping,
92 laundry, or food preparation.
93 (e) “Regular contact” means the performance of duties other
94 than personal care which may require employees to interact in
95 person on a daily basis with participants, patients, or
96 residents.
97 (3) The department shall offer to the general public
98 education about Alzheimer’s disease and related forms of
99 dementia. Such education must provide basic information about
100 the most common forms of dementia, how to identify the signs and
101 symptoms of dementia, coping skills, how to respond to changes,
102 planning for the future, and how to access additional resources
103 about dementia.
104 (4) Covered providers must provide employees the following
105 training for Alzheimer’s disease and related forms of dementia:
106 (a) Upon beginning employment, each employee must receive
107 basic written information about interacting with persons who
108 have Alzheimer’s disease or related forms of dementia.
109 (b) Within 30 days after beginning employment, each
110 employee who provides personal care to or has regular contact
111 with participants, patients, or residents must complete a 1-hour
112 training program provided by the department.
113 1. The department shall provide the training in an online
114 format at no cost. The 1-hour training program must contain
115 information on understanding the basics about the most common
116 forms of dementia, how to identify the signs and symptoms of
117 dementia, and skills for communicating and interacting with
118 persons with Alzheimer’s disease or related forms of dementia. A
119 record of the training program must be made available to the
120 covered provider which includes the training, the name of the
121 employee, and the date of completion.
122 2. A covered provider must maintain a record of the
123 employee’s completion of the training and, upon written request
124 of the employee, provide the employee with a copy of the record
125 of completion consistent with the employer’s written policies.
126 3. An employee who has completed the training required in
127 this subsection is not required to repeat the program upon
128 changing employment to a different covered provider.
129 (c) Within 7 months after beginning employment with a home
130 health agency, nurse registry, or companion or homemaker service
131 provider, each employee who provides personal care for persons
132 who have Alzheimer’s disease or related forms of dementia must
133 complete 2 hours of training in addition to the training
134 required in paragraphs (a) and (b). The additional training must
135 include, but is not limited to, behavior management, promoting
136 the person’s independence in activities of daily living, and
137 skills for working with families and caregivers.
138 (d) Within 7 months after beginning employment with a
139 nursing home, an assisted living facility, an adult family-care
140 home, or an adult day care center, each employee who provides
141 personal care for persons with Alzheimer’s disease or related
142 forms of dementia must complete 3 hours of training in addition
143 to the training required in paragraphs (a) and (b). The
144 additional training must include, but is not limited to,
145 behavior management, promoting the person’s independence in
146 activities of daily living, skills for working with families and
147 caregivers, group and individual activities, maintaining an
148 appropriate environment, and ethical issues.
149 (e) For an assisted living facility, adult family-care
150 home, or adult day care center that advertises and provides, or
151 is designated to provide, specialized care for persons with
152 Alzheimer’s disease, in addition to the training specified in
153 paragraphs (a) and (b), each employee must receive the following
154 training:
155 1. Within 3 months after beginning employment, each
156 employee who provides personal care to or has regular contact
157 with the residents or participants must complete the additional
158 3 hours of training as provided in paragraph (d).
159 2. Within 6 months after beginning employment, each
160 employee who provides personal care must complete an additional
161 4 hours of dementia-specific training. Such training must
162 include, but is not limited to, understanding Alzheimer’s
163 disease and related forms of dementia, the stages of Alzheimer’s
164 disease, communication strategies, medical information, and
165 stress management.
166 3. Thereafter, each employee who provides personal care
167 must participate in at least 4 hours of continuing education
168 each calendar year through contact hours, on-the-job training,
169 or electronic learning technology. For this subparagraph, the
170 term “on-the-job training” means a form of direct coaching in
171 which a facility administrator or his or her designee instructs
172 an employee who provides personal care with guidance, support,
173 or hands-on experience to help develop and refine the employee’s
174 skills for caring for a person with Alzheimer’s disease or a
175 related form of dementia. The continuing education must cover at
176 least one of the topics included in the dementia-specific
177 training in which the employee has not received previous
178 training in the previous calendar year. The continuing education
179 may be fulfilled and documented in a minimum of one quarter-hour
180 increments through on-the-job training of the employee by a
181 facility administrator or his or her designee or by an
182 electronic learning technology chosen by the facility
183 administrator. On-the-job training may not account for more than
184 2 hours of continuing education each calendar year.
185 (5) The department may establish training curricula
186 guidelines for the training required in paragraphs (4)(c), (d),
187 and (e). The department may approve training providers and
188 training curricula and maintain a list of approved providers.
189 Approved training may be offered in a variety of formats,
190 including, but not limited to, in person, electronically, or on
191 the-job by a facility administrator or his or her designee.
192 Continuing education under this section does not require the
193 adoption of training curricula guidelines by the department or
194 approval of the training provider and curricula by the
195 department.
196 (a) A training provider meeting one of the following
197 qualifications may offer training in compliance with the
198 training curricula guidelines without prior approval of the
199 department:
200 1. A person approved by an applicable board or the
201 Department of Health to provide training who is registered with
202 the electronic continuing education tracking system under s.
203 456.025;
204 2. A person with a master’s or doctoral degree in health
205 care, social services, or gerontology from an accredited college
206 or university; or
207 3. A person approved by the department before July 1, 2023.
208 (b) Training providers qualified under subparagraphs (a)1.
209 and 2. must also have:
210 1. At least 1 year of teaching experience as an educator
211 for caregivers of persons with Alzheimer’s disease or related
212 forms of dementia;
213 2. At least 1 year of practical experience in a program
214 providing care to persons with Alzheimer’s disease or related
215 forms of dementia; or
216 3. Completed a specialized training program in the subject
217 matter of Alzheimer’s disease and related forms of dementia from
218 an accredited health care, human services, or gerontology
219 education provider.
220 (c) Upon an employee’s completion of the training specified
221 in paragraphs (4)(c), (d), and (e), the training provider must
222 provide a record of the completion of the training which
223 includes the name of the employee, the name of the training
224 provider, the topics covered, and the date of completion. The
225 training record is evidence of completion of training in the
226 identified topic, and the employee is not required to repeat
227 training in that topic if the employee changes employment to a
228 different covered provider.
229 (d) Any Alzheimer’s disease and related forms of dementia
230 training curriculum approved by the department before July 1,
231 2023, remain in effect until the curriculum’s expiration date.
232 (6) The department may adopt rules to establish
233 requirements for the approval of other qualified training
234 providers and a process for conducting a sampling of training or
235 training curriculum as necessary to monitor for compliance with
236 curricula guidelines.
237 (7) For a certified nursing assistant as defined in s.
238 464.201, training hours completed as required under this section
239 may count toward the total hours of training required to
240 maintain certification as a nursing assistant.
241 (8) For a health care practitioner as defined in s.
242 456.001, training hours completed as required under this section
243 may count toward the total hours of continuing education
244 required by that practitioner’s licensing board.
245 (9) Each person employed, contracted, or referred to
246 provide services before July 1, 2023, must complete the training
247 required in this section before July 1, 2026. Proof of
248 completion of equivalent training completed before July 1, 2023,
249 may substitute for the training required in subsection (4). Each
250 person employed, contracted, or referred to provide services on
251 or after July 1, 2023, may satisfy training requirements by
252 completing training curricula approved under subparagraph (5)(d)
253 until the effective date of the rules adopted by the department
254 under subsection (6).
255 Section 2. Paragraph (b) of subsection (2) of section
256 400.0239, Florida Statutes, is amended to read:
257 400.0239 Quality of Long-Term Care Facility Improvement
258 Trust Fund.—
259 (2) Expenditures from the trust fund shall be allowable for
260 direct support of the following:
261 (b) Development and implementation of specialized training
262 programs for long-term care facility personnel who provide
263 direct care for residents with Alzheimer’s disease and other
264 dementias as provided under s. 430.5025, residents at risk of
265 developing pressure sores, and residents with special nutrition
266 and hydration needs.
267 Section 3. Section 400.1755, Florida Statutes, is amended
268 to read:
269 400.1755 Care for persons with Alzheimer’s disease or
270 related disorders; staff training requirements.—
271 (1) As a condition of licensure, the employees of
272 facilities licensed under this part must complete the training
273 required under s. 430.5025 provide to each of their employees,
274 upon beginning employment, basic written information about
275 interacting with persons with Alzheimer’s disease or a related
276 disorder.
277 (2) All employees who are expected to, or whose
278 responsibilities require them to, have direct contact with
279 residents with Alzheimer’s disease or a related disorder must,
280 in addition to being provided the information required in
281 subsection (1), also have an initial training of at least 1 hour
282 completed in the first 3 months after beginning employment. This
283 training must include, but is not limited to, an overview of
284 dementias and must provide basic skills in communicating with
285 persons with dementia.
286 (3) An individual who provides direct care shall be
287 considered a direct caregiver and must complete the required
288 initial training and an additional 3 hours of training within 9
289 months after beginning employment. This training shall include,
290 but is not limited to, managing problem behaviors, promoting the
291 resident’s independence in activities of daily living, and
292 skills in working with families and caregivers.
293 (a) The required 4 hours of training for certified nursing
294 assistants are part of the total hours of training required
295 annually.
296 (b) For a health care practitioner as defined in s.
297 456.001, continuing education hours taken as required by that
298 practitioner’s licensing board shall be counted toward this
299 total of 4 hours.
300 (4) For an employee who is a licensed health care
301 practitioner as defined in s. 456.001, training that is
302 sanctioned by that practitioner’s licensing board shall be
303 considered to be approved by the Department of Elderly Affairs.
304 (5) The Department of Elderly Affairs or its designee must
305 approve the initial and continuing training provided in the
306 facilities. The department must approve training offered in a
307 variety of formats, including, but not limited to, Internet
308 based training, videos, teleconferencing, and classroom
309 instruction. The department shall keep a list of current
310 providers who are approved to provide initial and continuing
311 training. The department shall adopt rules to establish
312 standards for the trainers and the training required in this
313 section.
314 (6) Upon completing any training listed in this section,
315 the employee or direct caregiver shall be issued a certificate
316 that includes the name of the training provider, the topic
317 covered, and the date and signature of the training provider.
318 The certificate is evidence of completion of training in the
319 identified topic, and the employee or direct caregiver is not
320 required to repeat training in that topic if the employee or
321 direct caregiver changes employment to a different facility or
322 to an assisted living facility, home health agency, adult day
323 care center, or adult family-care home. The direct caregiver
324 must comply with other applicable continuing education
325 requirements.
326 Section 4. Section 400.4785, Florida Statutes, is amended
327 to read:
328 400.4785 Patients with Alzheimer’s disease or other related
329 disorders; staff training requirements; certain disclosures.—
330 (1) The employees of a home health agency must complete the
331 training required under s. 430.5025 A home health agency must
332 provide the following staff training:
333 (a) Upon beginning employment with the agency, each
334 employee must receive basic written information about
335 interacting with participants who have Alzheimer’s disease or
336 dementia-related disorders.
337 (b) In addition to the information provided under paragraph
338 (a), newly hired home health agency personnel who will be
339 providing direct care to patients must complete 2 hours of
340 training in Alzheimer’s disease and dementia-related disorders
341 within 9 months after beginning employment with the agency. This
342 training must include, but is not limited to, an overview of
343 dementia, a demonstration of basic skills in communicating with
344 persons who have dementia, the management of problem behaviors,
345 information about promoting the client’s independence in
346 activities of daily living, and instruction in skills for
347 working with families and caregivers.
348 (c) For certified nursing assistants, the required 2 hours
349 of training shall be part of the total hours of training
350 required annually.
351 (d) For a health care practitioner as defined in s.
352 456.001, continuing education hours taken as required by that
353 practitioner’s licensing board shall be counted toward the total
354 of 2 hours.
355 (e) For an employee who is a licensed health care
356 practitioner as defined in s. 456.001, training that is
357 sanctioned by that practitioner’s licensing board shall be
358 considered to be approved by the Department of Elderly Affairs.
359 (f) The Department of Elderly Affairs, or its designee,
360 must approve the required training. The department must consider
361 for approval training offered in a variety of formats. The
362 department shall keep a list of current providers who are
363 approved to provide the 2-hour training. The department shall
364 adopt rules to establish standards for the employees who are
365 subject to this training, for the trainers, and for the training
366 required in this section.
367 (g) Upon completing the training listed in this section,
368 the employee shall be issued a certificate that states that the
369 training mandated under this section has been received. The
370 certificate shall be dated and signed by the training provider.
371 The certificate is evidence of completion of this training, and
372 the employee is not required to repeat this training if the
373 employee changes employment to a different home health agency.
374 (2)(h) A licensed home health agency whose unduplicated
375 census during the most recent calendar year was composed
376 comprised of at least 90 percent of individuals aged 21 years or
377 younger at the date of admission is exempt from the training
378 requirements in this section.
379 (3)(2) An agency licensed under this part which claims that
380 it provides special care for persons who have Alzheimer’s
381 disease or other related disorders must disclose in its
382 advertisements or in a separate document those services that
383 distinguish the care as being especially applicable to, or
384 suitable for, such persons. The agency must give a copy of all
385 such advertisements or a copy of the document to each person who
386 requests information about the agency and must maintain a copy
387 of all such advertisements and documents in its records. The
388 Agency for Health Care Administration shall examine all such
389 advertisements and documents in the agency’s records as part of
390 the license renewal procedure.
391 Section 5. Section 400.6045, Florida Statutes, is amended
392 to read:
393 400.6045 Patients with Alzheimer’s disease or other related
394 disorders; staff training requirements; certain disclosures.—
395 (1) The employees of a home health agency must complete the
396 training required under s. 430.5025 A hospice licensed under
397 this part must provide the following staff training:
398 (a) Upon beginning employment with the agency, each
399 employee must receive basic written information about
400 interacting with persons who have Alzheimer’s disease or
401 dementia-related disorders.
402 (b) In addition to the information provided under paragraph
403 (a), employees who are expected to, or whose responsibilities
404 require them to, have direct contact with participants who have
405 Alzheimer’s disease or dementia-related disorders must complete
406 initial training of at least 1 hour within the first 3 months
407 after beginning employment. The training must include an
408 overview of dementias and must provide instruction in basic
409 skills for communicating with persons who have dementia.
410 (c) In addition to the requirements of paragraphs (a) and
411 (b), an employee who will be providing direct care to a
412 participant who has Alzheimer’s disease or a dementia-related
413 disorder must complete an additional 3 hours of training within
414 9 months after beginning employment. This training must include,
415 but is not limited to, the management of problem behaviors,
416 information about promoting the patient’s independence in
417 activities of daily living, and instruction in skills for
418 working with families and caregivers.
419 (d) For certified nursing assistants, the required 4 hours
420 of training shall be part of the total hours of training
421 required annually.
422 (e) For a health care practitioner as defined in s.
423 456.001, continuing education hours taken as required by that
424 practitioner’s licensing board shall be counted toward the total
425 of 4 hours.
426 (f) For an employee who is a licensed health care
427 practitioner as defined in s. 456.001, training that is
428 sanctioned by that practitioner’s licensing board shall be
429 considered to be approved by the Department of Elderly Affairs.
430 (g) The Department of Elderly Affairs or its designee must
431 approve the required 1-hour and 3-hour training provided to
432 employees or direct caregivers under this section. The
433 department must consider for approval training offered in a
434 variety of formats. The department shall keep a list of current
435 providers who are approved to provide the 1-hour and 3-hour
436 training. The department shall adopt rules to establish
437 standards for the employees who are subject to this training,
438 for the trainers, and for the training required in this section.
439 (h) Upon completing any training described in this section,
440 the employee or direct caregiver shall be issued a certificate
441 that includes the name of the training provider, the topic
442 covered, and the date and signature of the training provider.
443 The certificate is evidence of completion of training in the
444 identified topic, and the employee or direct caregiver is not
445 required to repeat training in that topic if the employee or
446 direct caregiver changes employment to a different hospice or to
447 a home health agency, assisted living facility, nursing home, or
448 adult day care center.
449 (2) A hospice licensed under this part which claims that it
450 provides special care for persons who have Alzheimer’s disease
451 or other related disorders must disclose in its advertisements
452 or in a separate document those services that distinguish the
453 care as being especially applicable to, or suitable for, such
454 persons. The hospice must give a copy of all such advertisements
455 or a copy of the document to each person who requests
456 information about programs and services for persons with
457 Alzheimer’s disease or other related disorders offered by the
458 hospice and must maintain a copy of all such advertisements and
459 documents in its records. The agency shall examine all such
460 advertisements and documents in the hospice’s records as part of
461 the license renewal procedure.
462 Section 6. Section 400.51, Florida Statutes, is created to
463 read:
464 400.51 Patients with Alzheimer’s disease or other related
465 disorders; staff training requirements.—A person employed,
466 contracted, or referred by a nurse registry or a person
467 registered with the agency to provide companion or homemaker
468 services must complete the training required under s. 430.5025.
469 Section 7. Section 429.178, Florida Statutes, is amended to
470 read:
471 429.178 Special care for persons with Alzheimer’s disease
472 or other related disorders.—
473 (1) A facility which advertises that it provides special
474 care for persons with Alzheimer’s disease or other related
475 disorders must meet the following standards of operation:
476 (1)(a)1. If the facility has 17 or more residents, have an
477 awake staff member on duty at all hours of the day and night.;
478 or
479 (b)2. If the facility has fewer than 17 residents, have an
480 awake staff member on duty at all hours of the day and night or
481 have mechanisms in place to monitor and ensure the safety of the
482 facility’s residents.
483 (2)(b) Offer activities specifically designed for persons
484 who are cognitively impaired.
485 (3)(c) Have a physical environment that provides for the
486 safety and welfare of the facility’s residents.
487 (4)(d) Employ staff who have completed the training and
488 continuing education required under s. 430.5025 in subsection
489 (2).
490 (2)(a) An individual who is employed by a facility that
491 provides special care for residents who have Alzheimer’s disease
492 or other related disorders, and who has regular contact with
493 such residents, must complete up to 4 hours of initial dementia
494 specific training developed or approved by the department. The
495 training must be completed within 3 months after beginning
496 employment and satisfy the core training requirements of s.
497 429.52(3)(g).
498 (b) A direct caregiver who is employed by a facility that
499 provides special care for residents who have Alzheimer’s disease
500 or other related disorders and provides direct care to such
501 residents must complete the required initial training and 4
502 additional hours of training developed or approved by the
503 department. The training must be completed within 9 months after
504 beginning employment and satisfy the core training requirements
505 of s. 429.52(3)(g).
506 (c)An individual who is employed by a facility that
507 provides special care for residents with Alzheimer’s disease or
508 other related disorders, but who only has incidental contact
509 with such residents, must be given, at a minimum, general
510 information on interacting with individuals with Alzheimer’s
511 disease or other related disorders, within 3 months after
512 beginning employment.
513 (3) In addition to the training required under subsection
514 (2), a direct caregiver must participate in a minimum of 4
515 contact hours of continuing education each calendar year. The
516 continuing education must include one or more topics included in
517 the dementia-specific training developed or approved by the
518 department, in which the caregiver has not received previous
519 training.
520 (4) Upon completing any training listed in subsection (2),
521 the employee or direct caregiver shall be issued a certificate
522 that includes the name of the training provider, the topic
523 covered, and the date and signature of the training provider.
524 The certificate is evidence of completion of training in the
525 identified topic, and the employee or direct caregiver is not
526 required to repeat training in that topic if the employee or
527 direct caregiver changes employment to a different facility. The
528 employee or direct caregiver must comply with other applicable
529 continuing education requirements.
530 (5) The department, or its designee, shall approve the
531 initial and continuing education courses and providers.
532 (6) The department shall keep a current list of providers
533 who are approved to provide initial and continuing education for
534 staff of facilities that provide special care for persons with
535 Alzheimer’s disease or other related disorders.
536 (7) Any facility more than 90 percent of whose residents
537 receive monthly optional supplementation payments is not
538 required to pay for the training and education programs required
539 under this section. A facility that has one or more such
540 residents shall pay a reduced fee that is proportional to the
541 percentage of such residents in the facility. A facility that
542 does not have any residents who receive monthly optional
543 supplementation payments must pay a reasonable fee, as
544 established by the department, for such training and education
545 programs.
546 (8) The department shall adopt rules to establish standards
547 for trainers and training and to implement this section.
548 Section 8. Paragraph (g) of subsection (3) of section
549 429.52, Florida Statutes, is amended to read:
550 429.52 Staff training and educational requirements.—
551 (3) The agency, in conjunction with providers, shall
552 develop core training requirements for administrators consisting
553 of core training learning objectives, a competency test, and a
554 minimum required score to indicate successful passage of the
555 core competency test. The required core competency test must
556 cover at least the following topics:
557 (g) Care of persons with Alzheimer’s disease and related
558 disorders as provided under s. 430.5025.
559 Section 9. Section 429.83, Florida Statutes, is amended to
560 read:
561 429.83 Residents with Alzheimer’s disease or other related
562 disorders; training; certain disclosures.—
563 (1) The employees of an adult family-care home must
564 complete the training required under s. 430.5025.
565 (2) An adult family-care home licensed under this part
566 which claims that it provides special care for persons who have
567 Alzheimer’s disease or other related disorders must disclose in
568 its advertisements or in a separate document those services that
569 distinguish the care as being especially applicable to, or
570 suitable for, such persons. The home must give a copy of all
571 such advertisements or a copy of the document to each person who
572 requests information about programs and services for persons
573 with Alzheimer’s disease or other related disorders offered by
574 the home and must maintain a copy of all such advertisements and
575 documents in its records. The agency shall examine all such
576 advertisements and documents in the home’s records as part of
577 the license renewal procedure.
578 Section 10. Subsection (1) of section 429.917, Florida
579 Statutes, is amended to read:
580 429.917 Patients with Alzheimer’s disease or other related
581 disorders; staff training requirements; certain disclosures.—
582 (1) The employees of an adult day care center licensed
583 under this part must complete the training required under s.
584 430.5025 provide the following staff training:
585 (a) Upon beginning employment with the facility, each
586 employee must receive basic written information about
587 interacting with participants who have Alzheimer’s disease or
588 dementia-related disorders.
589 (b) In addition to the information provided under paragraph
590 (a), newly hired adult day care center personnel who are
591 expected to, or whose responsibilities require them to, have
592 direct contact with participants who have Alzheimer’s disease or
593 dementia-related disorders must complete initial training of at
594 least 1 hour within the first 3 months after beginning
595 employment. The training must include an overview of dementias
596 and must provide instruction in basic skills for communicating
597 with persons who have dementia.
598 (c) In addition to the requirements of paragraphs (a) and
599 (b), an employee who will be providing direct care to a
600 participant who has Alzheimer’s disease or a dementia-related
601 disorder must complete an additional 3 hours of training within
602 9 months after beginning employment. This training must include,
603 but is not limited to, the management of problem behaviors,
604 information about promoting the participant’s independence in
605 activities of daily living, and instruction in skills for
606 working with families and caregivers.
607 (d) For certified nursing assistants, the required 4 hours
608 of training shall be part of the total hours of training
609 required annually.
610 (e) For a health care practitioner as defined in s.
611 456.001, continuing education hours taken as required by that
612 practitioner’s licensing board shall be counted toward the total
613 of 4 hours.
614 (f) For an employee who is a licensed health care
615 practitioner as defined in s. 456.001, training that is
616 sanctioned by that practitioner’s licensing board shall be
617 considered to be approved by the Department of Elderly Affairs.
618 (g) The Department of Elderly Affairs or its designee must
619 approve the 1-hour and 3-hour training provided to employees and
620 direct caregivers under this section. The department must
621 consider for approval training offered in a variety of formats.
622 The department shall keep a list of current providers who are
623 approved to provide the 1-hour and 3-hour training. The
624 department shall adopt rules to establish standards for the
625 employees who are subject to this training, for the trainers,
626 and for the training required in this section.
627 (h) Upon completing any training described in this section,
628 the employee or direct caregiver shall be issued a certificate
629 that includes the name of the training provider, the topic
630 covered, and the date and signature of the training provider.
631 The certificate is evidence of completion of training in the
632 identified topic, and the employee or direct caregiver is not
633 required to repeat training in that topic if the employee or
634 direct caregiver changes employment to a different adult day
635 care center or to an assisted living facility, nursing home,
636 home health agency, or hospice. The direct caregiver must comply
637 with other applicable continuing education requirements.
638 (i) An employee who is hired on or after July 1, 2004, must
639 complete the training required by this section.
640 Section 11. Subsection (6) of section 429.918, Florida
641 Statutes, is amended to read:
642 429.918 Licensure designation as a specialized Alzheimer’s
643 services adult day care center; training.—
644 (6)(a) An adult day care center having a license designated
645 under this section must provide the following staff training and
646 supervision:
647 (a)1. A registered nurse or licensed practical nurse must
648 be on site daily for at least 75 percent of the time that the
649 center is open to ADRD participants. Each licensed practical
650 nurse who works at the center must be supervised in accordance
651 with chapter 464.
652 (b) Each employee must complete the training and continuing
653 education required under s. 430.5025
654 2. Upon beginning employment with the center, each employee
655 must receive and review basic written information about
656 interacting with ADRD participants.
657 3. In addition to the information provided in subparagraph
658 2., every employee hired on or after July 1, 2012, who has
659 direct contact with ADRD participants shall complete 4 hours of
660 dementia-specific training within 3 months after employment.
661 4. In addition to the requirements of subparagraphs 2. and
662 3., each employee hired on or after July 1, 2012, who provides
663 direct care to ADRD participants shall complete an additional 4
664 hours of dementia-specific training within 6 months after
665 employment.
666 (b) The Department of Elderly Affairs or its designee shall
667 approve the training required under this section. The department
668 shall adopt rules to establish standards for employees who are
669 subject to this training, for trainers, and for the training
670 required in this section.
671 (c) Upon completing any training described in this section,
672 the employee shall be issued a certificate that includes the
673 name of the training provider, the topics covered, and the date
674 and signature of the training provider. The certificate is
675 evidence of completion of training in the identified topics, and
676 the employee is not required to repeat training in those topics
677 if the employee changes employment to a different adult day care
678 center.
679 (c)(d) Each employee hired on or after July 1, 2012, who
680 provides direct care to ADRD participants, must receive and
681 review an orientation plan that includes, at a minimum:
682 1. Procedures to locate an ADRD participant who has
683 wandered from the center. These procedures must shall be
684 reviewed regularly with all direct care staff.
685 2. Information on the Silver Alert program in this state.
686 3. Information regarding available products or programs
687 used to identify ADRD participants or prevent them from
688 wandering away from the center, their home, or other locations.
689 Section 12. This act shall take effect July 1, 2023.