Bill Text: FL S0634 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Dementia-related Staff Training
Spectrum: Bipartisan Bill
Status: (Failed) 2021-04-30 - Died in Appropriations [S0634 Detail]
Download: Florida-2021-S0634-Introduced.html
Bill Title: Dementia-related Staff Training
Spectrum: Bipartisan Bill
Status: (Failed) 2021-04-30 - Died in Appropriations [S0634 Detail]
Download: Florida-2021-S0634-Introduced.html
Florida Senate - 2021 SB 634
By Senator Gibson
6-00395-21 2021634__
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 certain entities, as a
5 condition of licensure, to provide specified dementia
6 related training for new employees within a specified
7 timeframe; requiring certain employees to receive
8 additional dementia-related training under certain
9 circumstances within a specified timeframe; providing
10 requirements for the training; requiring annual
11 dementia-related training for certain employees;
12 requiring certain employees to receive additional
13 training developed or approved by the Department of
14 Elderly Affairs under certain circumstances; providing
15 that such additional training counts toward a
16 certified nursing assistant’s total annual training;
17 authorizing certain health care practitioners to count
18 certain continuing education hours toward the
19 dementia-related training requirements under certain
20 circumstances; requiring the department to approve
21 such continuing education hours to satisfy the
22 dementia-related training requirements; authorizing
23 the department to develop a curriculum for the
24 dementia-related training requirements and to review
25 the curriculum at least every 4 years for a specified
26 purpose; encouraging the department to consult with
27 certain nationally recognized organizations; providing
28 requirements for the curriculum; requiring the
29 department or its designee to approve courses used to
30 satisfy the dementia-related training requirements;
31 requiring such courses to be approved in various
32 formats; requiring the department or its designee to
33 develop a registration process for training providers;
34 providing requirements for such registration;
35 requiring the department or its designee to issue
36 unique identifiers to approved training providers;
37 requiring the department or its designee to develop
38 certain assessments and passing scores for a specified
39 purpose; requiring certain employees to take and pass
40 such assessments upon completion of the training;
41 requiring training providers to issue such employees a
42 certificate upon completing the training and passing
43 the assessments; providing requirements for the
44 certificate; providing that certain employees do not
45 need to repeat certain training when changing
46 employment, under certain circumstances; requiring the
47 department to adopt rules; amending ss. 400.1755,
48 400.4785, 400.6045, 429.178, 429.52, and 429.917,
49 F.S.; revising dementia-related staff training
50 requirements for nursing homes, home health agencies,
51 hospices, facilities that provide special care for
52 persons with Alzheimer’s disease or related disorders,
53 assisted living facilities, and adult day care
54 centers, respectively, to conform to changes made by
55 the act; providing an effective date.
56
57 Be It Enacted by the Legislature of the State of Florida:
58
59 Section 1. This act may be cited as the “Florida
60 Alzheimer’s Disease and Dementia Training Act.”
61 Section 2. Section 430.5025, Florida Statutes, is created
62 to read:
63 430.5025 Care for persons with Alzheimer’s disease or a
64 related disorder; staff training.—
65 (1) As used in this section, the term:
66 (a) “Department” means the Department of Elderly Affairs.
67 (b) “Direct care worker” means an individual who, as part
68 of his or her employment duties, provides or has access to
69 provide direct contact assistance with personal care or
70 activities of daily living to clients, patients, or residents of
71 any facility licensed under part II, part III, or part IV of
72 chapter 400 or part I or part III of chapter 429.
73 (c) “Employee” means any staff member who has regular
74 contact or incidental contact on a recurring basis with clients,
75 patients, or residents of a facility licensed under part II,
76 part III, or part IV of chapter 400 or part I or part III of
77 chapter 429. The term includes, but is not limited to, direct
78 care workers; staff responsible for housekeeping, the front
79 desk, maintenance, and other administrative functions; and any
80 other individuals who may have regular contact or incidental
81 contact on a recurring basis with clients, patients, or
82 residents.
83 (d) “Licensee” means a person or an entity licensed under
84 part II, part III, or part IV of chapter 400 or part I or part
85 III of chapter 429.
86 (2) As a condition of licensure, licensees must provide to
87 each of their employees, within 30 days after their employment
88 begins, 1 hour of dementia-related training, which must include
89 methods for interacting with persons with Alzheimer’s disease or
90 a related disorder and for identifying warning signs of
91 dementia.
92 (3) In addition to the training requirements of subsection
93 (2), licensees must require all employees who are direct care
94 workers to receive at least 3 hours of training if the direct
95 care workers are expected to, or their responsibilities require
96 them to, have direct contact with clients, patients, or
97 residents with Alzheimer’s disease or a related disorder or with
98 populations that are at a greater risk for Alzheimer’s disease
99 or a related disorder. The training must be completed within the
100 first 3 months after employment begins and must include, but
101 need not be limited to, an overview of Alzheimer’s disease and
102 related disorders and person-centered care, assessment and care
103 planning, activities of daily living, and dementia-related
104 behaviors and communication for clients, patients, and residents
105 with Alzheimer’s disease or a related disorder. Each calendar
106 year thereafter, the licensee must require all of its direct
107 care workers to receive at least 4 hours of continuing
108 education, approved by the department, on these topics and any
109 related changes in state or federal law.
110 (4) If a licensee advertises that it provides special care
111 for individuals with Alzheimer’s disease or a related disorder
112 which includes direct care to such individuals, the licensee
113 must require its direct care workers to complete 4 hours of
114 training developed or approved by the department. This training
115 is in addition to the training requirements of subsections (2)
116 and (3) and must be completed within 3 months after employment
117 begins.
118 (5) Completion of the 4 hours of training developed or
119 approved by the department under subsection (4) shall count
120 toward a certified nursing assistant’s annual training
121 requirements.
122 (6) If a health care practitioner as defined in s. 456.001
123 completes continuing education hours as required by that
124 practitioner’s licensing board, he or she may count those
125 continuing education hours toward satisfaction of the training
126 requirements of subsections (3) and (4) if the course curriculum
127 covers the topics required under those subsections. The
128 department must approve such continuing education hours for
129 purposes of satisfying the training requirements of subsections
130 (3) and (4).
131 (7)(a) The department may develop an evidence-based
132 curriculum for the training requirements of this section and
133 review the curriculum at least every 4 years to make any
134 necessary revisions based on current research and best
135 practices. The department is encouraged to consult with a
136 nationally recognized organization that has expertise in the
137 care of individuals with Alzheimer’s disease or a related
138 disorder to develop the curriculum. The curriculum must include,
139 at a minimum, all of the following topics related to clients,
140 patients, and residents with Alzheimer’s disease or a related
141 disorder:
142 1. An overview of Alzheimer’s disease and related
143 disorders.
144 2. Person-centered care.
145 3. Assessment care and planning.
146 4. Activities of daily living.
147 5. Dementia-related behaviors and communication.
148 (b) The department or its designee shall approve the
149 courses that licensees may use to satisfy the training
150 requirements under this section. The department or its designee
151 must approve training offered in a variety of formats,
152 including, but not limited to, Internet-based training, videos,
153 teleconferencing, and classroom instruction.
154 (8) The department or its designee shall develop a process
155 for registering training providers and maintain a list of those
156 providers approved to provide training required under this
157 section. To be approved, a training provider must have at least
158 2 years of experience related to Alzheimer’s disease or related
159 disorders, gerontology, health care, or a related field. The
160 department or its designee shall issue each approved training
161 provider a unique registration identifier.
162 (9) For each training topic required under this section,
163 the department or its designee shall develop an assessment that
164 measures an individual’s understanding of the topic and indicate
165 a minimum required score to pass the assessment. Upon completion
166 of any training under this section, the employee or direct care
167 worker must pass the related assessment. If an employee or a
168 direct care worker completes a training and passes the related
169 assessment, the training provider must issue the employee or
170 direct care worker a certificate that includes the training
171 provider’s name and unique identifier, the topic covered in the
172 training, the date of completion, and the signature of the
173 training provider. The certificate is evidence of completion of
174 the training and assessment in the identified topic, and the
175 employee or direct care worker is not required to repeat
176 training in that topic if he or she changes employment to a
177 different licensee, but he or she must comply with any
178 applicable continuing education requirements under this section.
179 (10) The department shall adopt rules to implement this
180 section.
181 Section 3. Section 400.1755, Florida Statutes, is amended
182 to read:
183 400.1755 Care for persons with Alzheimer’s disease or
184 related disorders; staff training requirements.—
185 (1) As a condition of licensure, facilities licensed under
186 this part must provide to each of their employees training as
187 required in s. 430.5025, upon beginning employment, basic
188 written information about interacting with persons with
189 Alzheimer’s disease or a related disorder.
190 (2) All employees who are expected to, or whose
191 responsibilities require them to, have direct contact with
192 residents with Alzheimer’s disease or a related disorder must,
193 in addition to being provided the information required in
194 subsection (1), also have an initial training of at least 1 hour
195 completed in the first 3 months after beginning employment. This
196 training must include, but is not limited to, an overview of
197 dementias and must provide basic skills in communicating with
198 persons with dementia.
199 (3) An individual who provides direct care shall be
200 considered a direct caregiver and must complete the required
201 initial training and an additional 3 hours of training within 9
202 months after beginning employment. This training shall include,
203 but is not limited to, managing problem behaviors, promoting the
204 resident’s independence in activities of daily living, and
205 skills in working with families and caregivers.
206 (a) The required 4 hours of training for certified nursing
207 assistants are part of the total hours of training required
208 annually.
209 (b) For a health care practitioner as defined in s.
210 456.001, continuing education hours taken as required by that
211 practitioner’s licensing board shall be counted toward this
212 total of 4 hours.
213 (4) For an employee who is a licensed health care
214 practitioner as defined in s. 456.001, training that is
215 sanctioned by that practitioner’s licensing board shall be
216 considered to be approved by the Department of Elderly Affairs.
217 (5) The Department of Elderly Affairs or its designee must
218 approve the initial and continuing training provided in the
219 facilities. The department must approve training offered in a
220 variety of formats, including, but not limited to, Internet
221 based training, videos, teleconferencing, and classroom
222 instruction. The department shall keep a list of current
223 providers who are approved to provide initial and continuing
224 training. The department shall adopt rules to establish
225 standards for the trainers and the training required in this
226 section.
227 (6) Upon completing any training listed in this section,
228 the employee or direct caregiver shall be issued a certificate
229 that includes the name of the training provider, the topic
230 covered, and the date and signature of the training provider.
231 The certificate is evidence of completion of training in the
232 identified topic, and the employee or direct caregiver is not
233 required to repeat training in that topic if the employee or
234 direct caregiver changes employment to a different facility or
235 to an assisted living facility, home health agency, adult day
236 care center, or adult family-care home. The direct caregiver
237 must comply with other applicable continuing education
238 requirements.
239 Section 4. Section 400.4785, Florida Statutes, is amended
240 to read:
241 400.4785 Patients with Alzheimer’s disease or other related
242 disorders; staff training requirements; certain disclosures.—
243 (1) A home health agency must provide the following staff
244 training as required in s. 430.5025:
245 (a) Upon beginning employment with the agency, each
246 employee must receive basic written information about
247 interacting with participants who have Alzheimer’s disease or
248 dementia-related disorders.
249 (b) In addition to the information provided under paragraph
250 (a), newly hired home health agency personnel who will be
251 providing direct care to patients must complete 2 hours of
252 training in Alzheimer’s disease and dementia-related disorders
253 within 9 months after beginning employment with the agency. This
254 training must include, but is not limited to, an overview of
255 dementia, a demonstration of basic skills in communicating with
256 persons who have dementia, the management of problem behaviors,
257 information about promoting the client’s independence in
258 activities of daily living, and instruction in skills for
259 working with families and caregivers.
260 (c) For certified nursing assistants, the required 2 hours
261 of training shall be part of the total hours of training
262 required annually.
263 (d) For a health care practitioner as defined in s.
264 456.001, continuing education hours taken as required by that
265 practitioner’s licensing board shall be counted toward the total
266 of 2 hours.
267 (e) For an employee who is a licensed health care
268 practitioner as defined in s. 456.001, training that is
269 sanctioned by that practitioner’s licensing board shall be
270 considered to be approved by the Department of Elderly Affairs.
271 (f) The Department of Elderly Affairs, or its designee,
272 must approve the required training. The department must consider
273 for approval training offered in a variety of formats. The
274 department shall keep a list of current providers who are
275 approved to provide the 2-hour training. The department shall
276 adopt rules to establish standards for the employees who are
277 subject to this training, for the trainers, and for the training
278 required in this section.
279 (g) Upon completing the training listed in this section,
280 the employee shall be issued a certificate that states that the
281 training mandated under this section has been received. The
282 certificate shall be dated and signed by the training provider.
283 The certificate is evidence of completion of this training, and
284 the employee is not required to repeat this training if the
285 employee changes employment to a different home health agency.
286 (2)(h) A licensed home health agency whose unduplicated
287 census during the most recent calendar year was composed
288 comprised of at least 90 percent of individuals aged 21 years or
289 younger at the date of admission is exempt from the training
290 requirements in this section.
291 (3)(2) An agency licensed under this part which claims that
292 it provides special care for persons who have Alzheimer’s
293 disease or other related disorders must disclose in its
294 advertisements or in a separate document those services that
295 distinguish the care as being especially applicable to, or
296 suitable for, such persons. The agency must give a copy of all
297 such advertisements or a copy of the document to each person who
298 requests information about the agency and must maintain a copy
299 of all such advertisements and documents in its records. The
300 Agency for Health Care Administration shall examine all such
301 advertisements and documents in the agency’s records as part of
302 the license renewal procedure.
303 Section 5. Subsection (1) of section 400.6045, Florida
304 Statutes, is amended to read:
305 400.6045 Patients with Alzheimer’s disease or other related
306 disorders; staff training requirements; certain disclosures.—
307 (1) A hospice licensed under this part must provide the
308 following staff training as required in s. 430.5025:
309 (a) Upon beginning employment with the agency, each
310 employee must receive basic written information about
311 interacting with persons who have Alzheimer’s disease or
312 dementia-related disorders.
313 (b) In addition to the information provided under paragraph
314 (a), employees who are expected to, or whose responsibilities
315 require them to, have direct contact with participants who have
316 Alzheimer’s disease or dementia-related disorders must complete
317 initial training of at least 1 hour within the first 3 months
318 after beginning employment. The training must include an
319 overview of dementias and must provide instruction in basic
320 skills for communicating with persons who have dementia.
321 (c) In addition to the requirements of paragraphs (a) and
322 (b), an employee who will be providing direct care to a
323 participant who has Alzheimer’s disease or a dementia-related
324 disorder must complete an additional 3 hours of training within
325 9 months after beginning employment. This training must include,
326 but is not limited to, the management of problem behaviors,
327 information about promoting the patient’s independence in
328 activities of daily living, and instruction in skills for
329 working with families and caregivers.
330 (d) For certified nursing assistants, the required 4 hours
331 of training shall be part of the total hours of training
332 required annually.
333 (e) For a health care practitioner as defined in s.
334 456.001, continuing education hours taken as required by that
335 practitioner’s licensing board shall be counted toward the total
336 of 4 hours.
337 (f) For an employee who is a licensed health care
338 practitioner as defined in s. 456.001, training that is
339 sanctioned by that practitioner’s licensing board shall be
340 considered to be approved by the Department of Elderly Affairs.
341 (g) The Department of Elderly Affairs or its designee must
342 approve the required 1-hour and 3-hour training provided to
343 employees or direct caregivers under this section. The
344 department must consider for approval training offered in a
345 variety of formats. The department shall keep a list of current
346 providers who are approved to provide the 1-hour and 3-hour
347 training. The department shall adopt rules to establish
348 standards for the employees who are subject to this training,
349 for the trainers, and for the training required in this section.
350 (h) Upon completing any training described in this section,
351 the employee or direct caregiver shall be issued a certificate
352 that includes the name of the training provider, the topic
353 covered, and the date and signature of the training provider.
354 The certificate is evidence of completion of training in the
355 identified topic, and the employee or direct caregiver is not
356 required to repeat training in that topic if the employee or
357 direct caregiver changes employment to a different hospice or to
358 a home health agency, assisted living facility, nursing home, or
359 adult day care center.
360 Section 6. Subsections (2) through (8) of section 429.178,
361 Florida Statutes, are amended to read:
362 429.178 Special care for persons with Alzheimer’s disease
363 or other related disorders.—
364 (2)(a) An individual who is employed by a facility that
365 provides special care for residents who have Alzheimer’s disease
366 or other related disorders, and who has regular contact with
367 such residents, must complete the up to 4 hours of initial
368 dementia-specific training as required in s. 430.5025 developed
369 or approved by the department. The training must be completed
370 within 3 months after beginning employment and satisfy the core
371 training requirements of s. 429.52(3)(g).
372 (b) A direct caregiver who is employed by a facility that
373 provides special care for residents who have Alzheimer’s disease
374 or other related disorders and provides direct care to such
375 residents must complete the required initial training and 4
376 additional hours of training developed or approved by the
377 department. The training must be completed within 9 months after
378 beginning employment and satisfy the core training requirements
379 of s. 429.52(3)(g).
380 (c) An individual who is employed by a facility that
381 provides special care for residents with Alzheimer’s disease or
382 other related disorders, but who only has incidental contact
383 with such residents, must be given, at a minimum, general
384 information on interacting with individuals with Alzheimer’s
385 disease or other related disorders, within 3 months after
386 beginning employment.
387 (3) In addition to the training required under subsection
388 (2), a direct caregiver must participate in a minimum of 4
389 contact hours of continuing education each calendar year. The
390 continuing education must include one or more topics included in
391 the dementia-specific training developed or approved by the
392 department, in which the caregiver has not received previous
393 training.
394 (4) Upon completing any training listed in subsection (2),
395 the employee or direct caregiver shall be issued a certificate
396 that includes the name of the training provider, the topic
397 covered, and the date and signature of the training provider.
398 The certificate is evidence of completion of training in the
399 identified topic, and the employee or direct caregiver is not
400 required to repeat training in that topic if the employee or
401 direct caregiver changes employment to a different facility. The
402 employee or direct caregiver must comply with other applicable
403 continuing education requirements.
404 (5) The department, or its designee, shall approve the
405 initial and continuing education courses and providers.
406 (6) The department shall keep a current list of providers
407 who are approved to provide initial and continuing education for
408 staff of facilities that provide special care for persons with
409 Alzheimer’s disease or other related disorders.
410 (3)(7) Any facility more than 90 percent of whose residents
411 receive monthly optional supplementation payments is not
412 required to pay for the training and education programs required
413 under this section. A facility that has one or more such
414 residents must shall pay a reduced fee that is proportional to
415 the percentage of such residents in the facility. A facility
416 that does not have any residents who receive monthly optional
417 supplementation payments must pay a reasonable fee, as
418 established by the department, for such training and education
419 programs.
420 (4)(8) The department shall adopt rules to establish
421 standards for trainers and training and to implement this
422 section.
423 Section 7. Subsection (1) of section 429.52, Florida
424 Statutes, is amended to read:
425 429.52 Staff training and educational requirements.—
426 (1) Each new assisted living facility employee who has not
427 previously completed core training must attend a preservice
428 orientation provided by the facility before interacting with
429 residents. The preservice orientation must be at least 2 hours
430 in duration and cover topics that help the employee provide
431 responsible care and respond to the needs of facility residents.
432 Upon completion, the employee and the administrator of the
433 facility must sign a statement that the employee completed the
434 required preservice orientation. The facility must keep the
435 signed statement in the employee’s personnel record. Each
436 assisted living facility shall provide staff training as
437 required in s. 430.5025.
438 Section 8. Subsection (1) of section 429.917, Florida
439 Statutes, is amended to read:
440 429.917 Patients with Alzheimer’s disease or other related
441 disorders; staff training requirements; certain disclosures.—
442 (1) An adult day care center licensed under this part must
443 provide the following staff training as required in s. 430.5025:
444 (a) Upon beginning employment with the facility, each
445 employee must receive basic written information about
446 interacting with participants who have Alzheimer’s disease or
447 dementia-related disorders.
448 (b) In addition to the information provided under paragraph
449 (a), newly hired adult day care center personnel who are
450 expected to, or whose responsibilities require them to, have
451 direct contact with participants who have Alzheimer’s disease or
452 dementia-related disorders must complete initial training of at
453 least 1 hour within the first 3 months after beginning
454 employment. The training must include an overview of dementias
455 and must provide instruction in basic skills for communicating
456 with persons who have dementia.
457 (c) In addition to the requirements of paragraphs (a) and
458 (b), an employee who will be providing direct care to a
459 participant who has Alzheimer’s disease or a dementia-related
460 disorder must complete an additional 3 hours of training within
461 9 months after beginning employment. This training must include,
462 but is not limited to, the management of problem behaviors,
463 information about promoting the participant’s independence in
464 activities of daily living, and instruction in skills for
465 working with families and caregivers.
466 (d) For certified nursing assistants, the required 4 hours
467 of training shall be part of the total hours of training
468 required annually.
469 (e) For a health care practitioner as defined in s.
470 456.001, continuing education hours taken as required by that
471 practitioner’s licensing board shall be counted toward the total
472 of 4 hours.
473 (f) For an employee who is a licensed health care
474 practitioner as defined in s. 456.001, training that is
475 sanctioned by that practitioner’s licensing board shall be
476 considered to be approved by the Department of Elderly Affairs.
477 (g) The Department of Elderly Affairs or its designee must
478 approve the 1-hour and 3-hour training provided to employees and
479 direct caregivers under this section. The department must
480 consider for approval training offered in a variety of formats.
481 The department shall keep a list of current providers who are
482 approved to provide the 1-hour and 3-hour training. The
483 department shall adopt rules to establish standards for the
484 employees who are subject to this training, for the trainers,
485 and for the training required in this section.
486 (h) Upon completing any training described in this section,
487 the employee or direct caregiver shall be issued a certificate
488 that includes the name of the training provider, the topic
489 covered, and the date and signature of the training provider.
490 The certificate is evidence of completion of training in the
491 identified topic, and the employee or direct caregiver is not
492 required to repeat training in that topic if the employee or
493 direct caregiver changes employment to a different adult day
494 care center or to an assisted living facility, nursing home,
495 home health agency, or hospice. The direct caregiver must comply
496 with other applicable continuing education requirements.
497 (i) An employee who is hired on or after July 1, 2004, must
498 complete the training required by this section.
499 Section 9. This act shall take effect July 1, 2021.
