Florida 2022 Regular Session

Florida House Bill H0209 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 209 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to the family caregiver certified 2
16	16	nursing assistant program; amending s. 464.201, F.S.; 3
17	17	providing definitions; creating s. 464.2031, F.S.; 4
18	18	requiring the Board of Nursing, in consultation with 5
19	19	the Agency for Health Care Administration, to develop 6
20	20	a program to train and certify family caregivers as 7
21	21	certified nursing assistants for a specified purpose; 8
22	22	specifying requirements for the program; au thorizing 9
23	23	family caregivers who complete the program to take the 10
24	24	nursing assistant competency examination; providing 11
25	25	that such caregivers who pass the examination are 12
26	26	eligible for certification as a nursing assistant; 13
27	27	providing conditions on certification for caregivers 14
28	28	who obtain certification as nursing assistants; 15
29	29	providing for the lifting of conditions after a 16
30	30	specified period; authorizing the board, in 17
31	31	consultation with the agency, to adopt rules; amending 18
32	32	s. 464.203, F.S.; revising certification requi rements 19
33	33	for certified nursing assistants to conform to changes 20
34	34	made by the act; providing an effective date. 21
35	35	22
36	36	Be It Enacted by the Legislature of the State of Florida: 23
37	37	24
38	38	Section 1. Present subsections (5) and (6) of section 25
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40	40	HB 209 2022
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	464.201, Florida Statutes , are renumbered as subsections (6) and 26
52	52	(7), respectively, and a new subsection (5) and subsection (8) 27
53	53	are added to that section, to read: 28
54	54	464.201 Definitions. —As used in this part, the term: 29
55	55	(5) "Family caregiver" means a person who provides or 30
56	56	intends to provide significant personal care and assistance to a 31
57	57	relative who has an underlying physical or cognitive condition 32
58	58	that prevents him or her from safely living independently. 33
59	59	(8) "Relative" means a parent, spouse, child, sibling, 34
60	60	grandparent, great-grandparent, first cousin, aunt, uncle, 35
61	61	great-aunt, great-uncle, niece, or nephew, whether related by 36
62	62	the whole or half blood, by marriage, or by adoption. 37
63	63	Section 2. Section 464.2031, Florida Statutes, is created 38
64	64	to read: 39
65	65	464.2031 Family caregiver certified nursing assistant 40
66	66	program.— 41
67	67	(1) The board, in consultation with the Agency for Health 42
68	68	Care Administration, shall develop a program in accordance with 43
69	69	42 C.F.R. ss. 483.151 -483.154 to train and certify family 44
70	70	caregivers as certified nursing assi stants to increase the 45
71	71	health care workforce in the state and authorize persons to 46
72	72	provide trained nursing services to their relatives. A person 47
73	73	who is a caregiver to a relative and wants to serve as the 48
74	74	relative's designated certified nursing assistant ma y 49
75	75	participate in the program. 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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88	88	(2) The program must consist of at least 84 hours of 51
89	89	training, including all of the following: 52
90	90	(a) A minimum of 40 hours of theoretical instruction in 53
91	91	nursing, including, but not limited to, instruction on: 54
92	92	1. Person-centered care. 55
93	93	2. The aging process. 56
94	94	3. Communication and interpersonal skills. 57
95	95	4. Infection control. 58
96	96	5. Safety and emergency procedures. 59
97	97	6. Assistance with activities of daily living. 60
98	98	7. Dementia care. 61
99	99	8. End of life care. 62
100	100	9. Mental health and social service needs. 63
101	101	10. Care of cognitively impaired individuals. 64
102	102	11. Basic restorative care and rehabilitation. 65
103	103	12. Patient rights and confidentiality of personal 66
104	104	information and medical records. 67
105	105	13. Relevant legal and ethical issues. 68
106	106	69
107	107	Such instruction must be offered in various formats and any 70
108	108	interactive instruction must be provided during various times of 71
109	109	the day. 72
110	110	(b) A minimum of 28 hours of skills training on basic 73
111	111	nursing skills, including, but not limited to: 74
112	112	1. Hygiene, grooming, and toileting. 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	2. Infection control. 76
126	126	3. Skin care and pressure sore prevention. 77
127	127	4. Nutrition and hydration. 78
128	128	5. Measuring vital signs, height, and weight. 79
129	129	6. Safe lifting, positioning, and moving of patients. 80
130	130	7. Wound care. 81
131	131	8. Portable oxygen use and safety and other respiratory 82
132	132	procedures. 83
133	133	9. Peripheral intravenous assistive activities and 84
134	134	alternative feeding methods. 85
135	135	10. Urinary catheterization and ostomy care. 86
136	136	(c) At least 16 hours of clinical training under direct 87
137	137	supervision of a lic ensed registered nurse, to be completed in 88
138	138	at least two separate shifts and in a board -approved health care 89
139	139	facility. 90
140	140	(3) A family caregiver who completes the program may take 91
141	141	the nursing assistant competency examination and is eligible for 92
142	142	certification to practice as a certified nursing assistant under 93
143	143	s. 464.203(1) upon passing the examination. 94
144	144	(4) A family caregiver who obtains certification under s. 95
145	145	464.203(1)(e) after completing the program, as a condition of 96
146	146	certification, must serve as a designa ted certified nursing 97
147	147	assistant for his or her relative under contract with a licensed 98
148	148	nurse registry for at least 2 years. After 2 years of such 99
149	149	practice, a certified nursing assistant may practice in any 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	setting authorized by law and is not required to c ontract with a 101
163	163	licensed nurse registry. 102
164	164	(5) The board, in consultation with the Agency for Health 103
165	165	Care Administration, may adopt rules to implement this section. 104
166	166	Section 3. Paragraph (e) is added to subsection (1) of 105
167	167	section 464.203, Florida Statutes , to read: 106
168	168	464.203 Certified nursing assistants; certification 107
169	169	requirement.— 108
170	170	(1) The board shall issue a certificate to practice as a 109
171	171	certified nursing assistant to any person who demonstrates a 110
172	172	minimum competency to read and write and successfully passes the 111
173	173	required background screening pursuant to s. 400.215. If the 112
174	174	person has successfully passed the required background screening 113
175	175	pursuant to s. 400.215 or s. 408.809 within 90 days before 114
176	176	applying for a certificate to practice and the person's 115
177	177	background screening results are not retained in the 116
178	178	clearinghouse created under s. 435.12, the board shall waive the 117
179	179	requirement that the applicant successfully pass an additional 118
180	180	background screening pursuant to s. 400.215. The person must 119
181	181	also meet one of the following requirements: 120
182	182	(e) Has completed the program developed by the board under 121
183	183	s. 464.2031 and achieved a minimum score, established by rule of 122
184	184	the board, on the nursing assistant competency examination, 123
185	185	which consists of a written portion and ski lls-demonstration 124
186	186	portion, approved by the board and administered at a site and by 125
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188	188	HB 209 2022
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192	192	CODING: Words stricken are deletions; words underlined are additions.
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	personnel approved by the department. 126
200	200	Section 4. This act shall take effect July 1, 2022. 127