Bill Text: FL S0316 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Certification of Assisted Living Facility Administrators

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Failed) 2014-05-02 - Died in Appropriations [S0316 Detail]

Download: Florida-2014-S0316-Introduced.html

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       Florida Senate - 2014                                     SB 316
       
       
        
       By Senator Bean
       
       
       
       
       
       4-00319B-14                                            2014316__
    1                        A bill to be entitled                      
    2         An act relating to certification of assisted living
    3         facility administrators; amending s. 429.178, F.S.;
    4         conforming provisions to changes made by the act;
    5         amending s. 429.52, F.S.; requiring assisted living
    6         facility administrators to meet the training and
    7         education requirements established by a third-party
    8         credentialing entity; revising requirements for new
    9         administrators; authorizing the Department of Elderly
   10         Affairs to require additional training or education of
   11         personal care staff of a facility under certain
   12         circumstances; authorizing the department to adopt
   13         rules to establish staff training requirements;
   14         providing for the future repeal of training and
   15         educational requirements for administrators and
   16         assisted living facility staff, requirements for new
   17         administrators, continuing education requirements for
   18         administrators, the adoption of rules, and
   19         requirements for trainers; creating s. 429.55, F.S.,
   20         relating to assisted living facility administrators;
   21         providing legislative intent; providing definitions;
   22         requiring the department to approve third-party
   23         credentialing entities for the purpose of developing
   24         and administering a professional credentialing program
   25         for assisted living facility administrators;
   26         prohibiting an approved third-party credentialing
   27         entity or its affiliate from delivering training to an
   28         applicant or continuing education to a
   29         certificateholder; providing an appeal process for a
   30         decision that denies initial certification or that
   31         takes adverse action on a continued certification;
   32         requiring an administrator to be certified by a third
   33         party credentialing entity; providing that an assisted
   34         living facility licensee that fails to employ a
   35         certified administrator is subject to an
   36         administrative fine; providing an exemption for an
   37         administrator licensed under part II of ch. 468, F.S.;
   38         requiring an approved third-party credentialing entity
   39         to establish a process for certifying persons who meet
   40         certain qualifications; requiring an approved third
   41         party credentialing entity to establish core
   42         competency requirements according to nationally
   43         recognized certification and psychometric standards;
   44         requiring a third-party credentialing entity to meet
   45         certain certification program requirements; requiring
   46         a third-party credentialing entity to set certain
   47         fees; providing effective dates.
   48          
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Effective July 1, 2015, paragraphs (a) and (b)
   52  of subsection (2) of section 429.178, Florida Statutes, are
   53  amended to read:
   54         429.178 Special care for persons with Alzheimer’s disease
   55  or other related disorders.—
   56         (2)(a) An individual who is employed by a facility that
   57  provides special care for residents with Alzheimer’s disease or
   58  other related disorders, and who has regular contact with such
   59  residents, must complete up to 4 hours of initial dementia
   60  specific training developed or approved by the department. The
   61  training must shall be completed within 3 months after beginning
   62  employment and shall satisfy the core training requirements of
   63  s. 429.52(2)(g).
   64         (b) A direct caregiver who is employed by a facility that
   65  provides special care for residents with Alzheimer’s disease or
   66  other related disorders, and who provides direct care to such
   67  residents, must complete the required initial training and 4
   68  additional hours of training developed or approved by the
   69  department. The training must shall be completed within 9 months
   70  after beginning employment and shall satisfy the core training
   71  requirements of s. 429.52(2)(g).
   72         Section 2. Section 429.52, Florida Statutes, is amended to
   73  read:
   74         429.52 Staff training and educational programs; core
   75  educational requirement.—
   76         (1) Administrators and other assisted living facility staff
   77  must meet minimum training and education requirements
   78  established by the Department of Elderly Affairs by rule. This
   79  training and education is intended to assist facilities to
   80  appropriately respond to the needs of residents, to maintain
   81  resident care and facility standards, and to meet licensure
   82  requirements. Effective July 1, 2015, administrators must meet
   83  the minimum training and education requirements established
   84  under s. 429.55.
   85         (2) The department, in conjunction with the agency and
   86  providers, shall develop a competency test. The department shall
   87  determine establish a competency test and the a minimum required
   88  score indicating to indicate successful completion of the
   89  training and educational requirements. The competency test must
   90  be developed by the department in conjunction with the agency
   91  and providers. The required training and education must cover at
   92  least the following topics:
   93         (a) State law and rules relating to assisted living
   94  facilities.
   95         (b) Resident rights and identifying and reporting abuse,
   96  neglect, and exploitation.
   97         (c) Special needs of elderly persons, persons who have with
   98  mental illness, and persons who have with developmental
   99  disabilities and how to meet those needs.
  100         (d) Nutrition and food service, including acceptable
  101  sanitation practices for preparing, storing, and serving food.
  102         (e) Medication management, recordkeeping, and proper
  103  techniques for assisting residents with self-administered
  104  medication.
  105         (f) Firesafety requirements, including fire evacuation
  106  drill procedures and other emergency procedures.
  107         (g) Care of persons who have with Alzheimer’s disease and
  108  related disorders.
  109         (3) Effective January 1, 2004, A new facility administrator
  110  must:
  111         (a) Complete the required training and education, including
  112  the competency test, within a reasonable time after being
  113  employed as an administrator, as determined by the department;
  114  or
  115         (b) Before July 1, 2015, earn and maintain certification as
  116  an assisted living facility administrator as provided under s.
  117  429.55.
  118  
  119  Failure to meet the requirements of this subsection do so is a
  120  violation of this part and subjects the violator to an
  121  administrative fine as prescribed in s. 429.19. An administrator
  122  Administrators licensed under in accordance with part II of
  123  chapter 468 is are exempt from this subsection requirement.
  124  Other licensed professionals may be exempted, as determined by
  125  the department by rule.
  126         (4) An administrator is Administrators are required to
  127  participate in continuing education for a minimum of 12 contact
  128  hours every 2 years.
  129         (5) Staff involved with the management of medications and
  130  assisting with the self-administration of medications under s.
  131  429.256 must complete a minimum of 4 additional hours of
  132  training provided by a registered nurse, licensed pharmacist, or
  133  department staff. The department shall establish by rule the
  134  minimum requirements of this additional training.
  135         (6) Other facility staff shall participate in training
  136  relevant to their respective job duties as specified by rule of
  137  the department.
  138         (7) If the department or the agency determines that there
  139  is a need for are problems in a facility that could be reduced
  140  through specific staff training or education beyond that already
  141  required under this section for personal care staff of a
  142  facility, the department or the agency may require, and provide,
  143  or cause to be provided, such the training or education of any
  144  personal care staff in the facility. This subsection does not
  145  apply to an assisted living facility administrator certified
  146  under s. 429.55.
  147         (8) The department shall adopt rules related to these
  148  training requirements, and the competency test as required under
  149  this section, necessary procedures, and competency test fees,
  150  and shall adopt or contract with another entity to develop a
  151  curriculum, which shall serve as the be used as the minimum core
  152  training requirements. The department shall consult with
  153  representatives of stakeholder associations and agencies in the
  154  development of the curriculum.
  155         (9) The training required under by this section must shall
  156  be conducted by a person persons registered with the department
  157  who has demonstrated as having the requisite experience and
  158  credentials to conduct the training. A person seeking to
  159  register as a trainer must provide the department with proof of
  160  completion of the minimum core training education requirements,
  161  successful passage of the competency test established under this
  162  section, and proof of compliance with the continuing education
  163  requirement in subsection (4).
  164         (10) A person seeking to register as a trainer must also:
  165         (a) Provide proof of completion of a 4-year degree from an
  166  accredited college or university and must have worked in a
  167  management position in an assisted living facility for 3 years
  168  after being core certified;
  169         (b) Have worked in a management position in an assisted
  170  living facility for 5 years after being core certified and have
  171  1 year of teaching experience as an educator or staff trainer
  172  for persons who work in assisted living facilities or other
  173  long-term care settings;
  174         (c) Have been previously employed as a core trainer for the
  175  department; or
  176         (d) Meet other qualification criteria as defined by
  177  department rule in rule, which the department is authorized to
  178  adopt.
  179         (11) The department may shall adopt rules establishing to
  180  establish trainer registration requirements for staff training.
  181         Section 3. Effective July 1, 2015, section 429.52, Florida
  182  Statutes, as amended by this act, is amended to read:
  183         429.52 Staff training and educational programs; core
  184  educational requirement.—
  185         (1) Administrators and other Assisted living facility staff
  186  must meet minimum training and education requirements
  187  established by the Department of Elderly Affairs by rule. This
  188  training and education is intended to assist facilities to
  189  appropriately respond to the needs of residents, to maintain
  190  resident care and facility standards, and to meet licensure
  191  requirements. Effective July 1, 2015, administrators must meet
  192  the minimum training and education requirements established
  193  under s. 429.55.
  194         (2) The department, in conjunction with the agency and
  195  providers, shall develop a competency test. The department shall
  196  determine the minimum required score indicating successful
  197  completion of the training and educational requirements. The
  198  required training and education must cover at least the
  199  following topics:
  200         (a) State law and rules relating to assisted living
  201  facilities.
  202         (b) Resident rights and identifying and reporting abuse,
  203  neglect, and exploitation.
  204         (c) Special needs of elderly persons, persons who have
  205  mental illness, and persons who have developmental disabilities
  206  and how to meet those needs.
  207         (d) Nutrition and food service, including acceptable
  208  sanitation practices for preparing, storing, and serving food.
  209         (e) Medication management, recordkeeping, and proper
  210  techniques for assisting residents with self-administered
  211  medication.
  212         (f) Firesafety requirements, including fire evacuation
  213  drill procedures and other emergency procedures.
  214         (g) Care of persons who have Alzheimer’s disease and
  215  related disorders.
  216         (3) A new facility administrator must:
  217         (a) Complete the required training and education, including
  218  the competency test, within a reasonable time after being
  219  employed as an administrator, as determined by the department;
  220  or
  221         (b) Before July 1, 2015, earn and maintain certification as
  222  an assisted living facility administrator as provided under s.
  223  429.55.
  224  
  225  Failure to meet the requirements of this subsection is a
  226  violation of this part and subjects the violator to an
  227  administrative fine as prescribed in s. 429.19. An administrator
  228  licensed under part II of chapter 468 is exempt from this
  229  subsection.
  230         (4) An administrator is required to participate in
  231  continuing education for a minimum of 12 contact hours every 2
  232  years.
  233         (2)(5) Staff involved with the management of medications
  234  and assisting with the self-administration of medications under
  235  s. 429.256 must complete a minimum of 4 additional hours of
  236  training provided by a registered nurse, licensed pharmacist, or
  237  department staff. The department shall establish by rule the
  238  minimum requirements of this additional training.
  239         (3)(6) Other facility staff shall participate in training
  240  relevant to their respective job duties as specified by rule of
  241  the department.
  242         (4)(7) If the department determines that there is a need
  243  for specific staff training or education beyond that already
  244  required under this section for personal care staff of a
  245  facility, the department may require and provide, or cause to be
  246  provided, such training or education. This subsection does not
  247  apply to an assisted living facility administrator certified
  248  under s. 429.55.
  249         (8) The department shall adopt rules related to these
  250  training requirements, and the competency test as required under
  251  this section, necessary procedures, and competency test fees,
  252  and shall adopt or contract with another entity to develop a
  253  curriculum, which shall serve as the be used as the minimum core
  254  training requirements. The department shall consult with
  255  representatives of stakeholder associations and agencies in the
  256  development of the curriculum.
  257         (9) The training required under this section must be
  258  conducted by a person registered with the department who has
  259  demonstrated requisite experience and credentials. A person
  260  seeking to register as a trainer must provide the department
  261  with proof of completion of the minimum core training education
  262  requirements, successful passage of the competency test
  263  established under this section, and proof of compliance with the
  264  continuing education requirement in subsection (4).
  265         (10) A person seeking to register as a trainer must also:
  266         (a) Provide proof of completion of a 4-year degree from an
  267  accredited college or university and must have worked in a
  268  management position in an assisted living facility for 3 years
  269  after being core certified;
  270         (b) Have worked in a management position in an assisted
  271  living facility for 5 years after being core certified and have
  272  1 year of teaching experience as an educator or staff trainer
  273  for persons who work in assisted living facilities or other
  274  long-term care settings;
  275         (c) Have been previously employed as a core trainer for the
  276  department; or
  277         (d) Meet other qualification criteria as defined by
  278  department rule.
  279         (5)(11) The department may adopt rules establishing
  280  requirements for staff training.
  281         Section 4. Section 429.55, Florida Statutes, is created to
  282  read:
  283         429.55 Assisted living facility administrator
  284  certification.—
  285         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  286  that an assisted living facility administrator earn and maintain
  287  professional certification from a third-party credentialing
  288  entity approved by the Department of Elderly Affairs. The
  289  Legislature further intends that certification ensures that an
  290  administrator has the competencies necessary to appropriately
  291  respond to the needs of residents, to maintain resident care and
  292  facility standards, and to meet facility licensure requirements.
  293  The Legislature recognizes professional certification by a
  294  nationally recognized professional credentialing organization as
  295  an equivalent alternative to a state-run licensure program and,
  296  therefore, intends that certification pursuant to this section
  297  is sufficient as an acceptable alternative to licensure.
  298         (2) DEFINITIONS.—As used in this section, the term:
  299         (a) “Assisted living facility administrator certification”
  300  or “administrator certification” means a professional credential
  301  awarded by a department-approved third-party credentialing
  302  entity to a person who meets core competency requirements in
  303  assisted living facility practice areas.
  304         (b) “Core competency” means the minimum knowledge and
  305  skills necessary to carry out work responsibilities.
  306         (c) “Nonprofit organization” means an organization that is
  307  exempt from federal income tax under s. 501(c)(6) of the
  308  Internal Revenue Code.
  309         (d) “Third-party credentialing entity” or “credentialing
  310  entity” means a nonprofit organization that develops and
  311  administers professional certification programs according to
  312  nationally recognized certification and psychometric standards.
  313         (3) THIRD-PARTY CREDENTIALING ENTITIES.—
  314         (a) The department shall approve one or more third-party
  315  credentialing entities for the purpose of developing and
  316  administering a professional credentialing program for
  317  administrators. Within 90 days after receiving documentation
  318  from a credentialing entity, the department shall approve a
  319  credentialing entity that demonstrates compliance with the
  320  following minimum standards:
  321         1. Establishment of assisted living facility administrator
  322  core competencies, certification standards, testing instruments,
  323  and recertification according to nationally recognized
  324  certification and psychometric standards.
  325         2. Establishment of a process to administer the
  326  certification application, award, and maintenance processes.
  327         3. Demonstrated ability to administer a professional code
  328  of ethics and a disciplinary process that applies to all
  329  certified persons.
  330         4. Establishment of, and ability to maintain, a publicly
  331  accessible Internet-based database that contains information on
  332  each person who applies for and holds certification, including,
  333  but not limited to, the person’s first and last name,
  334  certification status, and ethical or disciplinary history.
  335         5. Demonstrated ability to administer biennial continuing
  336  education and certification renewal requirements.
  337         6. Demonstrated ability to administer an education provider
  338  program to approve training entities that are qualified to
  339  provide precertification training to applicants and continuing
  340  education opportunities to certified professionals.
  341         (b) To avoid a conflict of interest, a credentialing entity
  342  or its affiliate may not deliver training to an applicant or
  343  continuing education to a certificate holder.
  344         (c) An individual adversely affected by the decision of a
  345  department-approved credentialing entity to deny initial
  346  certification or take adverse action on continued certification
  347  may appeal such action to the department for final
  348  determination.
  349         (4) ASSISTED LIVING FACILITY ADMINISTRATOR CERTIFICATION
  350  REQUIRED.—Effective July 1, 2015, an assisted living facility
  351  administrator must be certified by a credentialing entity that
  352  is approved by the department under this section. An assisted
  353  living facility licensee that fails to employ a certified
  354  administrator threatens the physical and emotional health and
  355  safety of residents and is subject to an administrative fine as
  356  provided in s. 429.19. This subsection does not apply to an
  357  administrator licensed under part II of chapter 468.
  358         (5) GRANDFATHER CLAUSE.—A credentialing entity that is
  359  approved by the department shall establish a process, at no cost
  360  to the department or the person, to certify a person who:
  361         (a) Is employed as an assisted living facility
  362  administrator and is in compliance with the requirements in s.
  363  429.52, including continuing education requirements in place
  364  before July 1, 2015; or
  365         (b) Before July 1, 2015, completed the required training as
  366  an administrator, including the competency test and continuing
  367  education requirements established under s. 429.52.
  368         (c) This subsection shall stand repealed on October 1,
  369  2015.
  370         (6) CORE COMPETENCIES.—A credentialing entity that is
  371  approved by the department shall establish the core competencies
  372  for assisted living facility administrators according to
  373  nationally recognized certification and psychometric standards.
  374         (7) CERTIFICATION PROGRAM REQUIREMENTS.—A certification
  375  program of a department-approved credentialing entity must:
  376         (a) Be established according to nationally recognized
  377  certification and psychometric standards.
  378         (b) Be directly related to the core competencies.
  379         (c) Establish minimum requirements in each of the following
  380  categories:
  381         1. Formal education.
  382         2. Training.
  383         3. On-the-job work experience.
  384         4. Supervision.
  385         5. Testing.
  386         6. Biennial continuing education.
  387         (d) Administer a professional code of ethics and a
  388  disciplinary process that applies to certified persons.
  389         (e) Administer and maintain a publicly accessible Internet
  390  based database that contains information on each person who
  391  applies for or holds certification.
  392         (f) Approve qualified training entities that provide
  393  precertification training to applicants and continuing education
  394  to certified assisted living facility administrators.
  395         (8) FEES.—A credentialing entity shall set a fee for
  396  application, examination, certification, and for biennial
  397  certification renewal. The fee for application, examination, and
  398  certification may not exceed $225. The fee for biennial
  399  certification renewal may not exceed $100.
  400         Section 5. Except as otherwise expressly provided in this
  401  act, this act shall take effect July 1, 2014.