Florida Senate - 2022 SB 1572 By Senator Baxley 12-00829C-22 20221572__ 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 the Department of Elderly 5 Affairs or its designee to develop or approve certain 6 dementia-related education and training; requiring 7 such education and training to be offered in a variety 8 of formats; authorizing the department or its designee 9 to approve existing training courses and curricula if 10 they meet certain requirements; requiring the 11 department or its designee to offer certain education 12 to the public; providing requirements for such 13 education; requiring the department or its designee to 14 develop or approve certain dementia-related training 15 for covered provider employees; providing requirements 16 for the training; requiring the department or its 17 designee to make such training available at no cost 18 and accessible in online formats; requiring the 19 department or its designee to provide for certificates 20 of completion for such training; providing 21 requirements for such certificates; requiring covered 22 providers to provide specified information and 23 dementia-related training to new employees within a 24 specified timeframe; requiring covered providers to 25 maintain copies of employees certificates of 26 completion; providing that employees who complete such 27 training do not need to repeat the training upon 28 change of employment to another covered provider; 29 requiring certain employees to receive additional 30 dementia-related training under certain circumstances 31 within a specified timeframe; providing requirements 32 for the training; authorizing certain employees hired 33 before a specified date to count completed training 34 toward such training requirements; extending the 35 timeframe in which certain employees must complete 36 such training; requiring certain employees to complete 37 continuing education in specified topics each year; 38 providing that the dementia-related training counts 39 toward a certified nursing assistants annual training 40 requirements; authorizing certain health care 41 practitioners to count certain continuing education 42 and training hours toward the dementia-related 43 training requirements under certain circumstances; 44 requiring the department to approve such continuing 45 education hours to satisfy the dementia-related 46 training requirements; authorizing the department to 47 adopt rules; creating s. 400.511, F.S.; requiring 48 individuals employed, contracted, or referred by a 49 nurse registry and individuals registered as companion 50 or homemaker services providers to complete specified 51 dementia-related training; amending ss. 400.1755, 52 400.4785, 429.178, 429.52, 429.75, 429.83, 429.917, 53 and 429.918, F.S.; revising dementia-related staff 54 training requirements for nursing homes, home health 55 agencies, facilities that provide special care for 56 persons with Alzheimers disease or related dementia, 57 assisted living facilities, adult family-care homes, 58 adult day care centers, and specialized Alzheimers 59 services adult day care centers, respectively, to 60 conform to changes made by the act; providing an 61 effective date. 62 63 Be It Enacted by the Legislature of the State of Florida: 64 65 Section 1.This act may be cited as the Florida 66 Alzheimers Disease and Dementia Training and Education Act. 67 Section 2.Section 430.5025, Florida Statutes, is created 68 to read: 69 430.5025Florida Alzheimers Disease and Dementia Training 70 and Education Act. 71 (1)As used in this section, the term: 72 (a)Covered provider means a nursing home facility, home 73 health agency, nurse registry, or companion or homemaker service 74 provider licensed or registered under chapter 400 or an assisted 75 living facility, adult family-care home, or adult day care 76 center licensed under chapter 429. 77 (b)Department means the Department of Elderly Affairs. 78 (c)Direct care worker means an individual who, as part 79 of his or her employment duties, provides or has access to 80 provide direct contact assistance with personal care or 81 activities of daily living to clients, patients, or residents of 82 any facility licensed under part II, part III, or part IV of 83 chapter 400 or chapter 429. 84 (d)Employee means any staff member, contracted staff, or 85 independent contractor hired or referred by a covered provider 86 who is required to undergo a level 2 background screening as 87 required by s. 408.809(1)(e). The term includes, but is not 88 limited to, direct care workers; staff responsible for 89 housekeeping, the front desk, and other administrative 90 functions; and companions or homemakers. 91 (2)The department or its designee shall develop or approve 92 education and training required under this section, which must 93 be in a variety of formats, including, but not limited to, 94 Internet-based training, videos, teleconferencing, and classroom 95 instruction. The department or its designee may approve any 96 existing training course or curriculum that is being used by a 97 covered provider if it meets the requirements of this section. 98 (3)The department or its designee shall offer education to 99 the general public about Alzheimers disease and related forms 100 of dementia. Such education must provide basic information about 101 the most common forms of dementia, how to identify the signs and 102 symptoms of dementia, skills for coping with and responding to 103 changes as a result of the onset of dementia symptoms, planning 104 for the future, and how to access additional resources about 105 dementia. 106 (4)The department or its designee shall develop or approve 107 1 hour of dementia-related training for covered provider 108 employees. The training must include basic information about the 109 most common forms of dementia and instruction on methods for 110 identifying warning signs and symptoms of dementia and skills 111 for communicating and interacting with individuals who have 112 Alzheimers disease or related dementia. The department shall 113 provide the 1-hour training to covered providers and their 114 employees at no cost and shall make the training accessible 115 online through Internet-based formats, videos, and 116 teleconferencing. The department or its designee shall provide 117 for certificates of completion for the training which identify 118 the name of the training and training provider, the name of the 119 employee, and the date of completion. 120 (5)A covered provider shall do all of the following: 121 (a)Provide each employee, upon beginning employment, with 122 basic written information about interacting with patients who 123 have Alzheimers disease or related dementia. 124 (b)Provide each employee with 1 hour of dementia-related 125 training, as developed or approved by the department or its 126 designee under subsection (4). 127 1.A covered provider must require an employee to complete 128 the training within 30 days after employment begins. 129 2.A covered provider must maintain in its records a copy 130 of the employees certificate of completion of the training. 131 3.An employee who has completed the training under this 132 paragraph is not required to repeat the course upon changing 133 employment to a different covered provider. 134 (6)(a)In addition to the training requirements of 135 subsection (5), covered providers shall require all employees 136 who are direct care workers to receive additional training if 137 they are required to have direct contact with clients, patients, 138 or residents with Alzheimers disease or related dementia, as 139 follows: 140 1.Covered providers licensed under part III of chapter 400 141 must require their direct care workers to complete 2 additional 142 hours of training developed or approved by the department or its 143 designee. 144 2.Covered providers licensed under part II of chapter 400 145 or chapter 429 must require their direct care workers to 146 complete 3 additional hours of training developed or approved by 147 the department or its designee. 148 (b)The training must be completed within the first 4 149 months after employment begins and must include, but need not be 150 limited to, information related to management of problem 151 behaviors and promotion of independence in activities of daily 152 living and instruction on skills for working with family members 153 and caregivers of patients. 154 (c)A direct care worker hired before July 1, 2022, who has 155 completed dementia-related training may count those hours toward 156 satisfying the training requirement under this subsection. A 157 direct care worker hired before July 1, 2022, who has not yet 158 completed dementia-related training must complete the training 159 required under this subsection by July 1, 2023. 160 (7)(a)If a covered provider advertises that it provides 161 special care for individuals with Alzheimers disease or related 162 dementia which includes direct care to such individuals, the 163 covered provider must require its direct care workers to 164 complete an additional 4 hours of training developed or approved 165 by the department. This training is in addition to the training 166 requirements of subsections (5) and (6) and must be completed 167 within 6 months after employment begins. 168 (b)In addition to the training required under paragraph 169 (a), a direct care worker must complete a minimum of 4 contact 170 hours of continuing education each calendar year. Such 171 continuing education must cover at least one of the topics 172 included in the dementia-related training developed or approved 173 by the department in which the direct care worker has not 174 received previous training. 175 (8)Completion of the 4 hours of training developed by or 176 approved by the department under subsections (5) and (6) counts 177 toward a certified nursing assistants annual training 178 requirements. 179 (9)If a health care practitioner as defined in s. 456.001 180 completes continuing education hours as required by that 181 practitioners licensing board, he or she may count those 182 continuing education hours toward satisfaction of the training 183 requirements of subsections (6) and (7) if the course curriculum 184 covers the same topics as the training developed or approved by 185 the department or its designee under those subsections. The 186 department must approve such continuing education hours for 187 purposes of satisfying the training requirements of subsection 188 (6) and paragraph (7)(a) and the continuing education 189 requirements of paragraph (7)(b). 190 (10)The department may adopt rules to implement this 191 section. 192 Section 3.Section 400.511, Florida Statutes, is created to 193 read: 194 400.511Patients with Alzheimers disease or related 195 dementia; staff training requirements.Each individual employed, 196 contracted, or referred by a nurse registry and any individual 197 registered with the agency to provide companion services or 198 homemaker services must complete the approved training as 199 required in s. 430.5025. 200 Section 4.Section 400.1755, Florida Statutes, is amended 201 to read: 202 400.1755Care for persons with Alzheimers disease or 203 related dementia disorders; staff training requirements. 204 (1)As a condition of licensure, facilities licensed under 205 this part must provide to each of their employees approved 206 training as required in s. 430.5025, upon beginning employment, 207 basic written information about interacting with persons with 208 Alzheimers disease or a related disorder. 209 (2)All employees who are expected to, or whose 210 responsibilities require them to, have direct contact with 211 residents with Alzheimers disease or a related disorder must, 212 in addition to being provided the information required in 213 subsection (1), also have an initial training of at least 1 hour 214 completed in the first 3 months after beginning employment. This 215 training must include, but is not limited to, an overview of 216 dementias and must provide basic skills in communicating with 217 persons with dementia. 218 (3)An individual who provides direct care shall be 219 considered a direct caregiver and must complete the required 220 initial training and an additional 3 hours of training within 9 221 months after beginning employment. This training shall include, 222 but is not limited to, managing problem behaviors, promoting the 223 residents independence in activities of daily living, and 224 skills in working with families and caregivers. 225 (a)The required 4 hours of training for certified nursing 226 assistants are part of the total hours of training required 227 annually. 228 (b)For a health care practitioner as defined in s. 229 456.001, continuing education hours taken as required by that 230 practitioners licensing board shall be counted toward this 231 total of 4 hours. 232 (4)For an employee who is a licensed health care 233 practitioner as defined in s. 456.001, training that is 234 sanctioned by that practitioners licensing board shall be 235 considered to be approved by the Department of Elderly Affairs. 236 (5)The Department of Elderly Affairs or its designee must 237 approve the initial and continuing training provided in the 238 facilities. The department must approve training offered in a 239 variety of formats, including, but not limited to, Internet 240 based training, videos, teleconferencing, and classroom 241 instruction. The department shall keep a list of current 242 providers who are approved to provide initial and continuing 243 training. The department shall adopt rules to establish 244 standards for the trainers and the training required in this 245 section. 246 (6)Upon completing any training listed in this section, 247 the employee or direct caregiver shall be issued a certificate 248 that includes the name of the training provider, the topic 249 covered, and the date and signature of the training provider. 250 The certificate is evidence of completion of training in the 251 identified topic, and the employee or direct caregiver is not 252 required to repeat training in that topic if the employee or 253 direct caregiver changes employment to a different facility or 254 to an assisted living facility, home health agency, adult day 255 care center, or adult family-care home. The direct caregiver 256 must comply with other applicable continuing education 257 requirements. 258 Section 5.Section 400.4785, Florida Statutes, is amended 259 to read: 260 400.4785Patients with Alzheimers disease or other related 261 dementia disorders; staff training requirements; certain 262 disclosures. 263 (1)A home health agency must provide the following staff 264 to each of its employees approved training as required in s. 265 430.5025: 266 (a)Upon beginning employment with the agency, each 267 employee must receive basic written information about 268 interacting with participants who have Alzheimers disease or 269 dementia-related disorders. 270 (b)In addition to the information provided under paragraph 271 (a), newly hired home health agency personnel who will be 272 providing direct care to patients must complete 2 hours of 273 training in Alzheimers disease and dementia-related disorders 274 within 9 months after beginning employment with the agency. This 275 training must include, but is not limited to, an overview of 276 dementia, a demonstration of basic skills in communicating with 277 persons who have dementia, the management of problem behaviors, 278 information about promoting the clients independence in 279 activities of daily living, and instruction in skills for 280 working with families and caregivers. 281 (c)For certified nursing assistants, the required 2 hours 282 of training shall be part of the total hours of training 283 required annually. 284 (d)For a health care practitioner as defined in s. 285 456.001, continuing education hours taken as required by that 286 practitioners licensing board shall be counted toward the total 287 of 2 hours. 288 (e)For an employee who is a licensed health care 289 practitioner as defined in s. 456.001, training that is 290 sanctioned by that practitioners licensing board shall be 291 considered to be approved by the Department of Elderly Affairs. 292 (f)The Department of Elderly Affairs, or its designee, 293 must approve the required training. The department must consider 294 for approval training offered in a variety of formats. The 295 department shall keep a list of current providers who are 296 approved to provide the 2-hour training. The department shall 297 adopt rules to establish standards for the employees who are 298 subject to this training, for the trainers, and for the training 299 required in this section. 300 (g)Upon completing the training listed in this section, 301 the employee shall be issued a certificate that states that the 302 training mandated under this section has been received. The 303 certificate shall be dated and signed by the training provider. 304 The certificate is evidence of completion of this training, and 305 the employee is not required to repeat this training if the 306 employee changes employment to a different home health agency. 307 (2)(h)A licensed home health agency whose unduplicated 308 census during the most recent calendar year was composed 309 comprised of at least 90 percent of individuals aged 21 years or 310 younger at the date of admission is exempt from the training 311 requirements in this section. 312 (3)(2)An agency licensed under this part which claims that 313 it provides special care for persons who have Alzheimers 314 disease or other related dementia disorders must disclose in its 315 advertisements or in a separate document those services that 316 distinguish the care as being especially applicable to, or 317 suitable for, such persons. The agency must give a copy of all 318 such advertisements or a copy of the document to each person who 319 requests information about the agency and must maintain a copy 320 of all such advertisements and documents in its records. The 321 Agency for Health Care Administration shall examine all such 322 advertisements and documents in the agencys records as part of 323 the license renewal procedure. 324 Section 6.Subsections (2) through (6) of section 429.178, 325 Florida Statutes, are amended to read: 326 429.178Special care for persons with Alzheimers disease 327 or other related dementia disorders. 328 (2)(a)An individual who is employed by a facility that 329 provides special care for residents who have Alzheimers disease 330 or other related dementia disorders, and who has regular contact 331 with such residents, must complete up to 4 hours of initial 332 dementia-specific approved training as required in s. 430.5025 333 developed or approved by the department. The training must be 334 completed within 3 months after beginning employment and satisfy 335 the core training requirements of s. 429.52(3)(g). 336 (b)A direct caregiver who is employed by a facility that 337 provides special care for residents who have Alzheimers disease 338 or other related disorders and provides direct care to such 339 residents must complete the required initial training and 4 340 additional hours of training developed or approved by the 341 department. The training must be completed within 9 months after 342 beginning employment and satisfy the core training requirements 343 of s. 429.52(3)(g). 344 (c)An individual who is employed by a facility that 345 provides special care for residents with Alzheimers disease or 346 other related disorders, but who only has incidental contact 347 with such residents, must be given, at a minimum, general 348 information on interacting with individuals with Alzheimers 349 disease or other related disorders, within 3 months after 350 beginning employment. 351 (3)In addition to the training required under subsection 352 (2), a direct caregiver must participate in a minimum of 4 353 contact hours of continuing education each calendar year. The 354 continuing education must include one or more topics included in 355 the dementia-specific training developed or approved by the 356 department, in which the caregiver has not received previous 357 training. 358 (4)Upon completing any training listed in subsection (2), 359 the employee or direct caregiver shall be issued a certificate 360 that includes the name of the training provider, the topic 361 covered, and the date and signature of the training provider. 362 The certificate is evidence of completion of training in the 363 identified topic, and the employee or direct caregiver is not 364 required to repeat training in that topic if the employee or 365 direct caregiver changes employment to a different facility. The 366 employee or direct caregiver must comply with other applicable 367 continuing education requirements. 368 (5)The department, or its designee, shall approve the 369 initial and continuing education courses and providers. 370 (6)The department shall keep a current list of providers 371 who are approved to provide initial and continuing education for 372 staff of facilities that provide special care for persons with 373 Alzheimers disease or other related disorders. 374 Section 7.Subsection (1) of section 429.52, Florida 375 Statutes, is amended to read: 376 429.52Staff training and educational requirements. 377 (1)Each new assisted living facility employee who has not 378 previously completed core training must attend a preservice 379 orientation provided by the facility before interacting with 380 residents. The preservice orientation must be at least 2 hours 381 in duration and cover topics that help the employee provide 382 responsible care and respond to the needs of facility residents. 383 Upon completion, the employee and the administrator of the 384 facility must sign a statement that the employee completed the 385 required preservice orientation. The facility must keep the 386 signed statement in the employees personnel record. As a 387 condition of licensure, an assisted living facility licensed 388 under this part must provide to each of its employees approved 389 training as required in s. 430.5025. 390 Section 8.Present subsections (3), (4), and (5) of section 391 429.75, Florida Statutes, are redesignated as subsections (4), 392 (5), and (6), respectively, and a new subsection (3) is added to 393 that section, to read: 394 429.75Training and education programs. 395 (3)As a condition of licensure, an adult family-care home 396 licensed under this part must provide to each of its employees 397 approved training as required in s. 430.5025. 398 Section 9.Section 429.83, Florida Statutes, is amended to 399 read: 400 429.83Residents with Alzheimers disease or other related 401 dementia disorders; training; certain disclosures. 402 (1)As a condition of licensure, an adult family-care home 403 licensed under this part must provide to each of its employees 404 approved training as required in s. 430.5025. 405 (2)An adult family-care home licensed under this part 406 which claims that it provides special care for persons who have 407 Alzheimers disease or other related dementia disorders must 408 Disclose in its advertisements or in a separate document those 409 services that distinguish the care as being especially 410 applicable to, or suitable for, such persons. The home must give 411 a copy of all such advertisements or a copy of the document to 412 each person who requests information about programs and services 413 for persons with Alzheimers disease or other related dementia 414 disorders offered by the home and must maintain a copy of all 415 such advertisements and documents in its records. The agency 416 shall examine all such advertisements and documents in the 417 homes records as part of the license renewal procedure. 418 Section 10.Subsection (1) of section 429.917, Florida 419 Statutes, is amended to read: 420 429.917Patients with Alzheimers disease or other related 421 dementia disorders; staff training requirements; certain 422 disclosures. 423 (1)An adult day care center licensed under this part must 424 provide to each of its employees approved the following staff 425 training as required in s. 430.5025: 426 (a)Upon beginning employment with the facility, each 427 employee must receive basic written information about 428 interacting with participants who have Alzheimers disease or 429 dementia-related disorders. 430 (b)In addition to the information provided under paragraph 431 (a), newly hired adult day care center personnel who are 432 expected to, or whose responsibilities require them to, have 433 direct contact with participants who have Alzheimers disease or 434 dementia-related disorders must complete initial training of at 435 least 1 hour within the first 3 months after beginning 436 employment. The training must include an overview of dementias 437 and must provide instruction in basic skills for communicating 438 with persons who have dementia. 439 (c)In addition to the requirements of paragraphs (a) and 440 (b), an employee who will be providing direct care to a 441 participant who has Alzheimers disease or a dementia-related 442 disorder must complete an additional 3 hours of training within 443 9 months after beginning employment. This training must include, 444 but is not limited to, the management of problem behaviors, 445 information about promoting the participants independence in 446 activities of daily living, and instruction in skills for 447 working with families and caregivers. 448 (d)For certified nursing assistants, the required 4 hours 449 of training shall be part of the total hours of training 450 required annually. 451 (e)For a health care practitioner as defined in s. 452 456.001, continuing education hours taken as required by that 453 practitioners licensing board shall be counted toward the total 454 of 4 hours. 455 (f)For an employee who is a licensed health care 456 practitioner as defined in s. 456.001, training that is 457 sanctioned by that practitioners licensing board shall be 458 considered to be approved by the Department of Elderly Affairs. 459 (g)The Department of Elderly Affairs or its designee must 460 approve the 1-hour and 3-hour training provided to employees and 461 direct caregivers under this section. The department must 462 consider for approval training offered in a variety of formats. 463 The department shall keep a list of current providers who are 464 approved to provide the 1-hour and 3-hour training. The 465 department shall adopt rules to establish standards for the 466 employees who are subject to this training, for the trainers, 467 and for the training required in this section. 468 (h)Upon completing any training described in this section, 469 the employee or direct caregiver shall be issued a certificate 470 that includes the name of the training provider, the topic 471 covered, and the date and signature of the training provider. 472 The certificate is evidence of completion of training in the 473 identified topic, and the employee or direct caregiver is not 474 required to repeat training in that topic if the employee or 475 direct caregiver changes employment to a different adult day 476 care center or to an assisted living facility, nursing home, 477 home health agency, or hospice. The direct caregiver must comply 478 with other applicable continuing education requirements. 479 (i)An employee who is hired on or after July 1, 2004, must 480 complete the training required by this section. 481 Section 11.Subsection (6) of section 429.918, Florida 482 Statutes, is amended to read: 483 429.918Licensure designation as a specialized Alzheimers 484 services adult day care center. 485 (6)(a)An adult day care center having a license designated 486 under this section must provide the following staff training and 487 supervision: 488 1.Have a registered nurse or licensed practical nurse must 489 be on site daily for at least 75 percent of the time that the 490 center is open to ADRD participants. Each licensed practical 491 nurse who works at the center must be supervised in accordance 492 with chapter 464. 493 2.As a condition of licensure, provide approved training 494 as required in s. 430.5025 Upon beginning employment with the 495 center, each employee must receive and review basic written 496 information about interacting with ADRD participants. 497 3.In addition to the information provided in subparagraph 498 2., every employee hired on or after July 1, 2012, who has 499 direct contact with ADRD participants shall complete 4 hours of 500 dementia-specific training within 3 months after employment. 501 4.In addition to the requirements of subparagraphs 2. and 502 3., each employee hired on or after July 1, 2012, who provides 503 direct care to ADRD participants shall complete an additional 4 504 hours of dementia-specific training within 6 months after 505 employment. 506 (b)The Department of Elderly Affairs or its designee shall 507 approve the training required under this section. The department 508 shall adopt rules to establish standards for employees who are 509 subject to this training, for trainers, and for the training 510 required in this section. 511 (c)Upon completing any training described in this section, 512 the employee shall be issued a certificate that includes the 513 name of the training provider, the topics covered, and the date 514 and signature of the training provider. The certificate is 515 evidence of completion of training in the identified topics, and 516 the employee is not required to repeat training in those topics 517 if the employee changes employment to a different adult day care 518 center. 519 (b)(d)Each employee hired on or after July 1, 2012, who 520 provides direct care to ADRD participants, must receive and 521 review an orientation plan that includes, at a minimum: 522 1.Procedures to locate an ADRD participant who has 523 wandered from the center. These procedures must shall be 524 reviewed regularly with all direct care staff. 525 2.Information on the Silver Alert program in this state. 526 3.Information regarding available products or programs 527 used to identify ADRD participants or prevent them from 528 wandering away from the center, their home, or other locations. 529 Section 12.This act shall take effect July 1, 2022.