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