Bill Text: FL S1182 | 2023 | Regular Session | Comm Sub
Bill Title: Education and Training for Alzheimer's Disease and Related Forms of Dementia
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/HB 299 (Ch. 2023-278) [S1182 Detail]
Download: Florida-2023-S1182-Comm_Sub.html
Florida Senate - 2023 CS for CS for SB 1182
By the Appropriations Committee on Health and Human Services;
the Committee on Children, Families, and Elder Affairs; and
Senators Simon and Book
603-03746-23 20231182c2
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 authorizing the department to develop or provide
32 continuing education training or curricula as an
33 option for covered providers and their employees;
34 providing qualifications and requirements for training
35 providers; providing that training curricula approved
36 before the effective date of the act remain in effect
37 until their respective expiration dates; authorizing
38 the department to adopt rules related to training
39 curriculum guidelines, qualified training providers,
40 and compliance monitoring procedures; authorizing
41 certified nursing assistants to count the dementia
42 related training toward their annual certification
43 training requirements; authorizing health care
44 practitioners to count the dementia-related training
45 requirements toward their continuing education
46 requirements for licensure; authorizing persons
47 employed, contracted, or referred to provide services
48 before the effective date of the act to complete the
49 required training by a specified date; providing for
50 the substitution of equivalent training for training
51 required by this act; authorizing persons to satisfy
52 the training requirements of this act using training
53 curricula approved before the effective date of the
54 act until the department adopts rules for training
55 curricula guidelines; amending ss. 400.0239, 400.1755,
56 and 400.4785, F.S.; conforming provisions to changes
57 made by the act; creating s. 400.51, F.S.; requiring a
58 person employed, contracted, or referred by a nurse
59 registry or a person registered with the Agency for
60 Health Care Administration to provide companion or
61 homemaker services to complete specified training;
62 amending s. 400.980, F.S.; requiring health care
63 services pools to verify and maintain documentation
64 that certain employees or independent contractors have
65 met specified licensing, certification, training, and
66 continuing education requirements; prohibiting
67 delegation of specified responsibilities; amending s.
68 429.178, F.S.; conforming provisions to changes made
69 by the act; amending s. 429.52, F.S.; conforming
70 provisions to changes made by the act; exempting
71 certain employees of assisted living facilities from
72 specified training requirements; amending ss. 429.83,
73 429.917, and 429.918, F.S.; conforming provisions to
74 changes made by the act; providing an effective date.
75
76 Be It Enacted by the Legislature of the State of Florida:
77
78 Section 1. Section 430.5025, Florida Statutes, is created
79 to read:
80 430.5025 Alzheimer’s disease and related forms of dementia;
81 education and training.—
82 (1) This section may be cited as the “Alzheimer’s Disease
83 and Related Forms of Dementia Education and Training Act.”
84 (2) As used in this section, the term:
85 (a) “Covered provider” means a nursing home, a home health
86 agency, a nurse registry, a companion or homemaker service
87 provider, a health care services pool, an assisted living
88 facility, an adult family-care home, or an adult day care center
89 licensed or registered under chapter 400 or chapter 429.
90 (b) “Department” means the Department of Elderly Affairs.
91 (c) “Employee” means a person, contracted staff, or an
92 independent contractor employed or referred by a covered
93 provider who is required to undergo a level 2 background
94 screening under s. 408.809 and chapter 435.
95 (d) “Personal care” means providing, through in-person
96 contact, assistance with activities of daily living, assistance
97 with self-administration of medication, homemaker or companion
98 services, nursing services, or other services that promote the
99 physical, mental, and psychosocial well-being of participants,
100 patients, and residents of covered providers. The term does not
101 include duties involving administrative functions or maintaining
102 the physical environment of a licensed facility, including
103 grounds maintenance, building maintenance, housekeeping,
104 laundry, or food preparation.
105 (e) “Regular contact” means the performance of duties other
106 than personal care which may require employees to interact in
107 person on a daily basis with participants, patients, or
108 residents.
109 (3) The department shall offer to the general public
110 education about Alzheimer’s disease and related forms of
111 dementia. Such education must provide basic information about
112 the most common forms of dementia, how to identify the signs and
113 symptoms of dementia, coping skills, how to respond to changes,
114 planning for the future, and how to access additional resources
115 about dementia.
116 (4) Employees of covered providers must complete the
117 following training for Alzheimer’s disease and related forms of
118 dementia:
119 (a) Upon beginning employment, each employee must receive
120 basic written information about interacting with persons who
121 have Alzheimer’s disease or related forms of dementia.
122 (b) Within 30 days after beginning employment, each
123 employee who provides personal care to or has regular contact
124 with participants, patients, or residents must complete a 1-hour
125 training program provided by the department.
126 1. The department shall provide the training in an online
127 format at no cost. The 1-hour training program must contain
128 information on understanding the basics about the most common
129 forms of dementia, how to identify the signs and symptoms of
130 dementia, and skills for communicating and interacting with
131 persons with Alzheimer’s disease or related forms of dementia. A
132 record of the completion of the training program must be made
133 available to the covered provider which identifies the training
134 course, the name of the employee, and the date of completion.
135 2. A covered provider must maintain a record of the
136 employee’s completion of the training and, upon written request
137 of the employee, must provide the employee with a copy of the
138 record of completion consistent with the employer’s written
139 policies.
140 3. An employee who has completed the training required in
141 this subsection is not required to repeat the program upon
142 changing employment to a different covered provider.
143 (c) Within 7 months after beginning employment for a home
144 health agency, nurse registry, or companion or homemaker service
145 provider, each employee who provides personal care must complete
146 2 hours of training in addition to the training required in
147 paragraphs (a) and (b). The additional training must include,
148 but is not limited to, behavior management, promoting the
149 person’s independence in activities of daily living, and skills
150 in working with families and caregivers.
151 (d) Within 7 months after beginning employment for a
152 nursing home, an assisted living facility, an adult family-care
153 home, or an adult day care center, each employee who provides
154 personal care must complete 3 hours of training in addition to
155 the training required in paragraphs (a) and (b). The additional
156 training must include, but is not limited to, behavior
157 management, promoting the person’s independence in activities of
158 daily living, skills in working with families and caregivers,
159 group and individual activities, maintaining an appropriate
160 environment, and ethical issues.
161 (e) For an assisted living facility, adult family-care
162 home, or adult day care center that advertises and provides, or
163 is designated to provide, specialized care for persons with
164 Alzheimer’s disease or related forms of dementia, in addition to
165 the training specified in paragraphs (a) and (b), employees must
166 receive the following training:
167 1. Within 3 months after beginning employment, each
168 employee who provides personal care to or has regular contact
169 with the residents or participants must complete the additional
170 3 hours of training as provided in paragraph (d).
171 2. Within 6 months after beginning employment, each
172 employee who provides personal care must complete an additional
173 4 hours of dementia-specific training. Such training must
174 include, but is not limited to, understanding Alzheimer’s
175 disease and related forms of dementia, the stages of Alzheimer’s
176 disease, communication strategies, medical information, and
177 stress management.
178 3. Thereafter, each employee who provides personal care
179 must participate in at least 4 hours of continuing education
180 each calendar year through contact hours, on-the-job training,
181 or electronic learning technology. For this subparagraph, the
182 term “on-the-job training” means a form of direct coaching in
183 which a facility administrator or his or her designee instructs
184 an employee who provides personal care with guidance, support,
185 or hands-on experience to help develop and refine the employee’s
186 skills for caring for a person with Alzheimer’s disease or a
187 related form of dementia. The continuing education must cover at
188 least one of the topics included in the dementia-specific
189 training in which the employee has not received previous
190 training in the previous calendar year. The continuing education
191 may be fulfilled and documented in a minimum of one quarter-hour
192 increments through on-the-job training of the employee by a
193 facility administrator or his or her designee or by an
194 electronic learning technology chosen by the facility
195 administrator. On-the-job training may not account for more than
196 2 hours of continuing education each calendar year.
197 (f)1. An employee provided, assigned, or referred by a
198 health care services pool must complete the training required in
199 paragraph (c), paragraph (d), or paragraph (e) as applicable to
200 the covered provider and the position in which the employee will
201 be working. The documentation verifying the completed training
202 and continuing education of the employee must, if applicable, be
203 provided to the covered provider upon request.
204 2. A health care services pool must verify and maintain
205 documentation as required under s. 400.980(5) before providing,
206 assigning, or referring an employee to a covered provider.
207 (5) The department may establish training curricula
208 guidelines for the training required in paragraphs (4)(c), (d),
209 and (e). The department may approve training providers and
210 training curricula and maintain a list of approved providers.
211 Approved training may be offered in a variety of formats,
212 including, but not limited to, in person, electronically, or on
213 the-job by a facility administrator or his or her designee.
214 Continuing education under this section does not require the
215 adoption of training curricula guidelines by the department or
216 approval of the training provider and curricula by the
217 department. The department may develop or provide continuing
218 education training or curricula as an option for covered
219 providers and employees.
220 (a) A training provider meeting one of the following
221 qualifications may offer training in compliance with the
222 training curricula guidelines without prior approval of the
223 department:
224 1. A person approved by an applicable board or the
225 Department of Health to provide training who is registered with
226 the electronic continuing education tracking system under s.
227 456.025; or
228 2. A training provider approved by the department or its
229 designee before July 1, 2023.
230 (b) Training providers qualified under subparagraph (a)1.
231 must also have:
232 1. At least 1 year of teaching experience as an educator
233 for caregivers of persons with Alzheimer’s disease or related
234 forms of dementia;
235 2. At least 1 year of practical experience in a program
236 providing care to persons with Alzheimer’s disease or related
237 forms of dementia; or
238 3. Completed a specialized training program in the subject
239 matter of Alzheimer’s disease and related forms of dementia from
240 an accredited health care, human services, or gerontology
241 education provider.
242 (c) Upon an employee’s completion of the training specified
243 in paragraphs (4)(c), (d), and (e), the training provider must
244 provide a record of the completion of the training which
245 includes the name of the employee, the name of the training
246 provider, the topics covered, and the date of completion. The
247 training record is evidence of completion of training in the
248 identified topic and the employee is not required to repeat
249 training in that topic if the employee changes employment to a
250 different covered provider.
251 (d) Any Alzheimer’s disease and related forms of dementia
252 training curriculum approved by the department or its designee
253 before July 1, 2023, remains in effect until the curriculum’s
254 expiration date.
255 (6) The department may adopt rules to establish training
256 curriculum guidelines, requirements for the approval of other
257 qualified training providers, and a process for conducting a
258 sampling of training or training curricula as necessary to
259 monitor for compliance with curricula guidelines.
260 (7) For a certified nursing assistant as defined in s.
261 464.201, training hours completed as required under this section
262 may count toward the total hours of training required to
263 maintain certification as a nursing assistant.
264 (8) For a health care practitioner as defined in s.
265 456.001, training hours completed as required under this section
266 may count toward the total hours of continuing education
267 required by that practitioner’s licensing board.
268 (9) Each person employed, contracted, or referred to
269 provide services before July 1, 2023, must complete the training
270 required in this section before July 1, 2026. Proof of
271 completion of equivalent training completed before July 1, 2023,
272 shall substitute for the training required in subsection (4).
273 Each person employed, contracted, or referred to provide
274 services on or after July 1, 2023, may satisfy the training
275 requirements by completing training using approved curricula as
276 specified in paragraph (5)(d) until the effective date of the
277 rules adopted by the department under subsection (6).
278 Section 2. Paragraph (b) of subsection (2) of section
279 400.0239, Florida Statutes, is amended to read:
280 400.0239 Quality of Long-Term Care Facility Improvement
281 Trust Fund.—
282 (2) Expenditures from the trust fund shall be allowable for
283 direct support of the following:
284 (b) Development and implementation of specialized training
285 programs for long-term care facility personnel who provide
286 direct care for residents with Alzheimer’s disease and other
287 dementias, including training provided under s. 430.5025,
288 residents at risk of developing pressure sores, and residents
289 with special nutrition and hydration needs.
290 Section 3. Section 400.1755, Florida Statutes, is amended
291 to read:
292 400.1755 Care for persons with Alzheimer’s disease or
293 related disorders; staff training requirements.—
294 (1) As a condition of licensure, the employees of
295 facilities licensed under this part must complete the training
296 required under s. 430.5025 provide to each of their employees,
297 upon beginning employment, basic written information about
298 interacting with persons with Alzheimer’s disease or a related
299 disorder.
300 (2) All employees who are expected to, or whose
301 responsibilities require them to, have direct contact with
302 residents with Alzheimer’s disease or a related disorder must,
303 in addition to being provided the information required in
304 subsection (1), also have an initial training of at least 1 hour
305 completed in the first 3 months after beginning employment. This
306 training must include, but is not limited to, an overview of
307 dementias and must provide basic skills in communicating with
308 persons with dementia.
309 (3) An individual who provides direct care shall be
310 considered a direct caregiver and must complete the required
311 initial training and an additional 3 hours of training within 9
312 months after beginning employment. This training shall include,
313 but is not limited to, managing problem behaviors, promoting the
314 resident’s independence in activities of daily living, and
315 skills in working with families and caregivers.
316 (a) The required 4 hours of training for certified nursing
317 assistants are part of the total hours of training required
318 annually.
319 (b) For a health care practitioner as defined in s.
320 456.001, continuing education hours taken as required by that
321 practitioner’s licensing board shall be counted toward this
322 total of 4 hours.
323 (4) For an employee who is a licensed health care
324 practitioner as defined in s. 456.001, training that is
325 sanctioned by that practitioner’s licensing board shall be
326 considered to be approved by the Department of Elderly Affairs.
327 (5) The Department of Elderly Affairs or its designee must
328 approve the initial and continuing training provided in the
329 facilities. The department must approve training offered in a
330 variety of formats, including, but not limited to, Internet
331 based training, videos, teleconferencing, and classroom
332 instruction. The department shall keep a list of current
333 providers who are approved to provide initial and continuing
334 training. The department shall adopt rules to establish
335 standards for the trainers and the training required in this
336 section.
337 (6) Upon completing any training listed in this section,
338 the employee or direct caregiver shall be issued a certificate
339 that includes the name of the training provider, the topic
340 covered, and the date and signature of the training provider.
341 The certificate is evidence of completion of training in the
342 identified topic, and the employee or direct caregiver is not
343 required to repeat training in that topic if the employee or
344 direct caregiver changes employment to a different facility or
345 to an assisted living facility, home health agency, adult day
346 care center, or adult family-care home. The direct caregiver
347 must comply with other applicable continuing education
348 requirements.
349 Section 4. Section 400.4785, Florida Statutes, is amended
350 to read:
351 400.4785 Patients with Alzheimer’s disease or other related
352 disorders; staff training requirements; certain disclosures.—
353 (1) The employees of a home health agency must complete the
354 training required under s. 430.5025 A home health agency must
355 provide the following staff training:
356 (a) Upon beginning employment with the agency, each
357 employee must receive basic written information about
358 interacting with participants who have Alzheimer’s disease or
359 dementia-related disorders.
360 (b) In addition to the information provided under paragraph
361 (a), newly hired home health agency personnel who will be
362 providing direct care to patients must complete 2 hours of
363 training in Alzheimer’s disease and dementia-related disorders
364 within 9 months after beginning employment with the agency. This
365 training must include, but is not limited to, an overview of
366 dementia, a demonstration of basic skills in communicating with
367 persons who have dementia, the management of problem behaviors,
368 information about promoting the client’s independence in
369 activities of daily living, and instruction in skills for
370 working with families and caregivers.
371 (c) For certified nursing assistants, the required 2 hours
372 of training shall be part of the total hours of training
373 required annually.
374 (d) For a health care practitioner as defined in s.
375 456.001, continuing education hours taken as required by that
376 practitioner’s licensing board shall be counted toward the total
377 of 2 hours.
378 (e) For an employee who is a licensed health care
379 practitioner as defined in s. 456.001, training that is
380 sanctioned by that practitioner’s licensing board shall be
381 considered to be approved by the Department of Elderly Affairs.
382 (f) The Department of Elderly Affairs, or its designee,
383 must approve the required training. The department must consider
384 for approval training offered in a variety of formats. The
385 department shall keep a list of current providers who are
386 approved to provide the 2-hour training. The department shall
387 adopt rules to establish standards for the employees who are
388 subject to this training, for the trainers, and for the training
389 required in this section.
390 (g) Upon completing the training listed in this section,
391 the employee shall be issued a certificate that states that the
392 training mandated under this section has been received. The
393 certificate shall be dated and signed by the training provider.
394 The certificate is evidence of completion of this training, and
395 the employee is not required to repeat this training if the
396 employee changes employment to a different home health agency.
397 (2)(h) A licensed home health agency whose unduplicated
398 census during the most recent calendar year was composed
399 comprised of at least 90 percent of individuals aged 21 years or
400 younger at the date of admission is exempt from the training
401 requirements in this section.
402 (3)(2) An agency licensed under this part which claims that
403 it provides special care for persons who have Alzheimer’s
404 disease or other related disorders must disclose in its
405 advertisements or in a separate document those services that
406 distinguish the care as being especially applicable to, or
407 suitable for, such persons. The agency must give a copy of all
408 such advertisements or a copy of the document to each person who
409 requests information about the agency and must maintain a copy
410 of all such advertisements and documents in its records. The
411 Agency for Health Care Administration shall examine all such
412 advertisements and documents in the agency’s records as part of
413 the license renewal procedure.
414 Section 5. Section 400.51, Florida Statutes, is created to
415 read:
416 400.51 Patients with Alzheimer’s disease or other related
417 disorders; staff training requirements.—A person employed,
418 contracted, or referred by a nurse registry or a person
419 registered with the agency to provide companion or homemaker
420 services must complete the training required under s. 430.5025.
421 Section 6. Subsection (5) of section 400.980, Florida
422 Statutes, is amended to read:
423 400.980 Health care services pools.—
424 (5) A health care services pool shall verify and maintain
425 documentation document that each temporary employee or
426 independent contractor provided, assigned, or referred to a
427 health care facility has met the licensing, certification,
428 training, or continuing education requirements, as established
429 by the appropriate regulatory agency, for the position in which
430 he or she will be working. The requirements of this subsection
431 may not be delegated to another provider as defined in s.
432 408.803.
433 Section 7. Section 429.178, Florida Statutes, is amended to
434 read:
435 429.178 Special care for persons with Alzheimer’s disease
436 or other related disorders.—
437 (1) A facility that which advertises that it provides
438 special care for persons with Alzheimer’s disease or other
439 related disorders must meet the following standards of
440 operation:
441 (1)(a)1. If the facility has 17 or more residents, have an
442 awake staff member on duty at all hours of the day and night; or
443 (b)2. If the facility has fewer than 17 residents, have an
444 awake staff member on duty at all hours of the day and night or
445 have mechanisms in place to monitor and ensure the safety of the
446 facility’s residents.
447 (2)(b) Offer activities specifically designed for persons
448 who are cognitively impaired.
449 (3)(c) Have a physical environment that provides for the
450 safety and welfare of the facility’s residents.
451 (4)(d) Require employed Employ staff to complete who have
452 completed the training and continuing education required under
453 s. 430.5025 in subsection (2).
454 (2)(a) An individual who is employed by a facility that
455 provides special care for residents who have Alzheimer’s disease
456 or other related disorders, and who has regular contact with
457 such residents, must complete up to 4 hours of initial dementia
458 specific training developed or approved by the department. The
459 training must be completed within 3 months after beginning
460 employment and satisfy the core training requirements of s.
461 429.52(3)(g).
462 (b) A direct caregiver who is employed by a facility that
463 provides special care for residents who have Alzheimer’s disease
464 or other related disorders and provides direct care to such
465 residents must complete the required initial training and 4
466 additional hours of training developed or approved by the
467 department. The training must be completed within 9 months after
468 beginning employment and satisfy the core training requirements
469 of s. 429.52(3)(g).
470 (c) An individual who is employed by a facility that
471 provides special care for residents with Alzheimer’s disease or
472 other related disorders, but who only has incidental contact
473 with such residents, must be given, at a minimum, general
474 information on interacting with individuals with Alzheimer’s
475 disease or other related disorders, within 3 months after
476 beginning employment.
477 (3) In addition to the training required under subsection
478 (2), a direct caregiver must participate in a minimum of 4
479 contact hours of continuing education each calendar year. The
480 continuing education must include one or more topics included in
481 the dementia-specific training developed or approved by the
482 department, in which the caregiver has not received previous
483 training.
484 (4) Upon completing any training listed in subsection (2),
485 the employee or direct caregiver shall be issued a certificate
486 that includes the name of the training provider, the topic
487 covered, and the date and signature of the training provider.
488 The certificate is evidence of completion of training in the
489 identified topic, and the employee or direct caregiver is not
490 required to repeat training in that topic if the employee or
491 direct caregiver changes employment to a different facility. The
492 employee or direct caregiver must comply with other applicable
493 continuing education requirements.
494 (5) The department, or its designee, shall approve the
495 initial and continuing education courses and providers.
496 (6) The department shall keep a current list of providers
497 who are approved to provide initial and continuing education for
498 staff of facilities that provide special care for persons with
499 Alzheimer’s disease or other related disorders.
500 (7) Any facility more than 90 percent of whose residents
501 receive monthly optional supplementation payments is not
502 required to pay for the training and education programs required
503 under this section. A facility that has one or more such
504 residents shall pay a reduced fee that is proportional to the
505 percentage of such residents in the facility. A facility that
506 does not have any residents who receive monthly optional
507 supplementation payments must pay a reasonable fee, as
508 established by the department, for such training and education
509 programs.
510 (8) The department shall adopt rules to establish standards
511 for trainers and training and to implement this section.
512 Section 8. Subsection (1) of section 429.52, Florida
513 Statutes, is amended to read:
514 429.52 Staff training and educational requirements.—
515 (1)(a) Each new assisted living facility employee who has
516 not previously completed core training must attend a preservice
517 orientation provided by the facility before interacting with
518 residents. The preservice orientation must be at least 2 hours
519 in duration and cover topics that help the employee provide
520 responsible care and respond to the needs of facility residents.
521 Upon completion, the employee and the administrator of the
522 facility must sign a statement that the employee completed the
523 required preservice orientation. The facility must keep the
524 signed statement in the employee’s personnel record.
525 (b) Each assisted living facility employee must complete
526 the training required under s. 430.5025. However, an employee of
527 an assisted living facility licensed as a limited mental health
528 facility under s. 429.075 is exempt from the training
529 requirements under s. 430.5025(4)(d).
530 (c) If completed before interacting with residents, the 1
531 hour training required in s. 430.5025 concerning information on
532 Alzheimer’s disease and related forms of dementia may count
533 toward the 2 hours of preservice orientation required under
534 paragraph (a).
535 Section 9. Section 429.83, Florida Statutes, is amended to
536 read:
537 429.83 Residents with Alzheimer’s disease or other related
538 disorders; training; certain disclosures.—
539 (1) The employees of an adult family-care home must
540 complete the training required under s. 430.5025.
541 (2) An adult family-care home licensed under this part
542 which claims that it provides special care for persons who have
543 Alzheimer’s disease or other related disorders must disclose in
544 its advertisements or in a separate document those services that
545 distinguish the care as being especially applicable to, or
546 suitable for, such persons. The home must give a copy of all
547 such advertisements or a copy of the document to each person who
548 requests information about programs and services for persons
549 with Alzheimer’s disease or other related disorders offered by
550 the home and must maintain a copy of all such advertisements and
551 documents in its records. The agency shall examine all such
552 advertisements and documents in the home’s records as part of
553 the license renewal procedure.
554 Section 10. Subsection (1) of section 429.917, Florida
555 Statutes, is amended to read:
556 429.917 Patients with Alzheimer’s disease or other related
557 disorders; staff training requirements; certain disclosures.—
558 (1) The employees of an adult day care center licensed
559 under this part must complete the training required under s.
560 430.5025 provide the following staff training:
561 (a) Upon beginning employment with the facility, each
562 employee must receive basic written information about
563 interacting with participants who have Alzheimer’s disease or
564 dementia-related disorders.
565 (b) In addition to the information provided under paragraph
566 (a), newly hired adult day care center personnel who are
567 expected to, or whose responsibilities require them to, have
568 direct contact with participants who have Alzheimer’s disease or
569 dementia-related disorders must complete initial training of at
570 least 1 hour within the first 3 months after beginning
571 employment. The training must include an overview of dementias
572 and must provide instruction in basic skills for communicating
573 with persons who have dementia.
574 (c) In addition to the requirements of paragraphs (a) and
575 (b), an employee who will be providing direct care to a
576 participant who has Alzheimer’s disease or a dementia-related
577 disorder must complete an additional 3 hours of training within
578 9 months after beginning employment. This training must include,
579 but is not limited to, the management of problem behaviors,
580 information about promoting the participant’s independence in
581 activities of daily living, and instruction in skills for
582 working with families and caregivers.
583 (d) For certified nursing assistants, the required 4 hours
584 of training shall be part of the total hours of training
585 required annually.
586 (e) For a health care practitioner as defined in s.
587 456.001, continuing education hours taken as required by that
588 practitioner’s licensing board shall be counted toward the total
589 of 4 hours.
590 (f) For an employee who is a licensed health care
591 practitioner as defined in s. 456.001, training that is
592 sanctioned by that practitioner’s licensing board shall be
593 considered to be approved by the Department of Elderly Affairs.
594 (g) The Department of Elderly Affairs or its designee must
595 approve the 1-hour and 3-hour training provided to employees and
596 direct caregivers under this section. The department must
597 consider for approval training offered in a variety of formats.
598 The department shall keep a list of current providers who are
599 approved to provide the 1-hour and 3-hour training. The
600 department shall adopt rules to establish standards for the
601 employees who are subject to this training, for the trainers,
602 and for the training required in this section.
603 (h) Upon completing any training described in this section,
604 the employee or direct caregiver shall be issued a certificate
605 that includes the name of the training provider, the topic
606 covered, and the date and signature of the training provider.
607 The certificate is evidence of completion of training in the
608 identified topic, and the employee or direct caregiver is not
609 required to repeat training in that topic if the employee or
610 direct caregiver changes employment to a different adult day
611 care center or to an assisted living facility, nursing home,
612 home health agency, or hospice. The direct caregiver must comply
613 with other applicable continuing education requirements.
614 (i) An employee who is hired on or after July 1, 2004, must
615 complete the training required by this section.
616 Section 11. Subsection (6) of section 429.918, Florida
617 Statutes, is amended to read:
618 429.918 Licensure designation as a specialized Alzheimer’s
619 services adult day care center; training.—
620 (6)(a) An adult day care center having a license designated
621 under this section must provide the following staff training and
622 supervision:
623 (a)1. A registered nurse or licensed practical nurse must
624 be on site daily for at least 75 percent of the time that the
625 center is open to ADRD participants. Each licensed practical
626 nurse who works at the center must be supervised in accordance
627 with chapter 464.
628 (b) Each employee must complete the training and continuing
629 education required under s. 430.5025.
630 2. Upon beginning employment with the center, each employee
631 must receive and review basic written information about
632 interacting with ADRD participants.
633 3. In addition to the information provided in subparagraph
634 2., every employee hired on or after July 1, 2012, who has
635 direct contact with ADRD participants shall complete 4 hours of
636 dementia-specific training within 3 months after employment.
637 4. In addition to the requirements of subparagraphs 2. and
638 3., each employee hired on or after July 1, 2012, who provides
639 direct care to ADRD participants shall complete an additional 4
640 hours of dementia-specific training within 6 months after
641 employment.
642 (b) The Department of Elderly Affairs or its designee shall
643 approve the training required under this section. The department
644 shall adopt rules to establish standards for employees who are
645 subject to this training, for trainers, and for the training
646 required in this section.
647 (c) Upon completing any training described in this section,
648 the employee shall be issued a certificate that includes the
649 name of the training provider, the topics covered, and the date
650 and signature of the training provider. The certificate is
651 evidence of completion of training in the identified topics, and
652 the employee is not required to repeat training in those topics
653 if the employee changes employment to a different adult day care
654 center.
655 (c)(d) Each employee hired on or after July 1, 2012, who
656 provides direct care to ADRD participants, must receive and
657 review an orientation plan that includes, at a minimum:
658 1. Procedures to locate an ADRD participant who has
659 wandered from the center. These procedures must shall be
660 reviewed regularly with all direct care staff.
661 2. Information on the Silver Alert program in this state.
662 3. Information regarding available products or programs
663 used to identify ADRD participants or prevent them from
664 wandering away from the center, their home, or other locations.
665 Section 12. This act shall take effect July 1, 2023.
