The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Children, Families, and Elder Affairs
BILL: SB 1182
INTRODUCER: Senator Simon
SUBJECT: Education and Training for Alzheimer’s Disease and Related Forms of Dementia
DATE: March 13, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Delia Cox CF Pre-meeting
2. AHS
3. FP
I. Summary:
SB 1182 creates s. 430.5025, F.S., to establish the Florida Alzheimer’s Disease and Dementia
Training Act. The bill establishes universal Alzheimer’s disease and related disorder (ADRD)
training requirements to be used by nursing homes, home health agencies, nurse registries,
companion or homemaker service providers, assisted living facilities (ALFs), adult family-care
homes (AFCHs), adult day care centers (ADCCs), and specialized Alzheimer’s services ADCCs
to replace each license type’s individual training requirements on that topic.
The bill defines a number of terms, including “covered provider”, “department”, “employee”,
“personal care”, and “regular contact”.
The bill requires a covered provider to provide specified employees who provide personal care to
or has regular contact with patients, participants, or residents, with one hour of dementia-related
training within 30 days of his or her initial employment. Covered providers must also provide
employees with basic written information upon beginning employment.
Within the first seven months of employment, the bill requires each employee of a home health
agency, nurse registry, or companion or homemaker service provider who provides personal care
for persons with ADRD to receive two hours of additional; and each employee of a nursing
home, ALF, AFCH or ADCC who provides personal care for persons with ADRD to receive
three hours of additional training.
Additionally, employees of ALFs, AFCHs, and ADCCs which advertise and provide specialized
care for persons with Alzheimer’s disease must also receive the following additional training:
Three hours of additional training within the first three months of employment, rather than
the first seven months;
Four hours of dementia-specific training within the first six months of employment; and
Four hours of continuing education each calendar year through:
REVISED: BILL: SB 1182 Page 2
o Contact hours;
o On-the-job training, limited to a certain amount of credit in each calendar year; or
o Electronic learning technology.
The bill directs the DOEA or its designee to provide the initial one hour of dementia-related
training. The training must be provided in an online format at no cost, and must contain
information on the following topics:
Understanding the basics about the most common forms of dementia;
How to identify the signs and symptoms of dementia; and
Skills for communicating and interacting with persons with ADRD.
The bill requires the DOEA to make a record of the training program available to covered
providers, and the record must include the training, the name of the employee, and the date of
completion. The bill also requires covered providers to maintain a record of each employee’s
completion of the training and provide the employee with a copy of the completion record
consistent with the employer’s written policies upon request.
Employees hired, contracted, or referred to provide services before July 1, 2023 must complete
the training before July 1, 2026. Further, proof of completion of equivalent training that has been
completed prior to July 1, 2023 may substitute for the training. Employees hired, contracted, or
referred to provide services on or after July 1, 2023 may satisfy training requirements by
completing training curricula approved by the DOEA until the effective date of rules adopted by
the DOEA under the bill.
The bill also requires the Department of Elder Affairs (DOEA) to offer education to the general
public about ADRD. The education must provide basic information about:
The most common forms of dementia;
How to identify the signs and symptoms of dementia;
Coping skills;
How to respond to changes;
Planning for the future; and
How to access additional resources about dementia.
The bill will likely have a negative fiscal impact on private sector health care providers and an
insignificant negative fiscal impact on the DOEA. See Section V. Fiscal Impact Statement.
The bill is effective July 1, 2023.
II. Present Situation:
Dementia and Alzheimer’s Disease
Dementia is the loss of cognitive functioning—thinking, remembering, and reasoning—and
behavioral abilities to such an extent that it interferes with a person's daily life and activities.
These functions include memory, language skills, visual perception, problem solving, self-
management, and the ability to focus and pay attention. Some people with dementia cannot
control their emotions, and their personalities may change. Dementia ranges in severity from the BILL: SB 1182 Page 3
mildest stage, when it is just beginning to affect a person's functioning, to the most severe stage,
when the person must depend completely on others for basic activities of living.
1
Alzheimer’s disease is the most common type of dementia. It is a progressive disease that begins
with mild memory loss and can lead to loss of the ability to carry on a conversation and respond
to one’s environment. Alzheimer’s disease affects parts of the brain that control thought,
memory, and language. It can seriously affect a person’s ability to carry out daily activities.
Although scientists are studying the disease, what causes Alzheimer’s disease is unknown.
2
There are an estimated 580,000 individuals living with Alzheimer’s disease in the state of
Florida.
3
By 2025, it is projected that 720,000 Floridians will have Alzheimer’s disease. More
than 6 million Americans are living with Alzheimer’s and the cost of caring for ADRD patients
is estimated to total nearly $1 trillion by mid-century.
4
1
National Institute on Aging, What is Dementia? Symptoms, Types, and Diagnosis, available at
https://www.nia.nih.gov/health/what-dementia-symptoms-types-and-diagnosis, (last visited on March 11, 2023).
2
Centers for Disease Control and Prevention, Alzheimer’s Disease and Healthy Aging, available at
https://www.cdc.gov/aging/aginginfo/alzheimers.htm#AlzheimersDisease, (last visited March 11, 2023).
3
Alzheimer’s Association, Alzheimer’s Statistics Florida, available at https://www.alz.org/media/Documents/florida-
alzheimers-facts-figures-2022.pdf (last visited March 11, 2023).
4
Id. BILL: SB 1182 Page 4
Dementia and Alzheimer’s Disease Training
Overview by Facility/Agency Type
All Employees Employees
with Expected
or Required
Direct Contact
Employees
Providing
Direct Care
Health Care
Practitioner
Continuing
Education
Sufficient?
Training
Approved?
Additio
nal
Reqs.
Nursing Homes Provided with
basic written
information about
interacting with
persons with
ADRD upon
beginning
employment.
1 hour of
training within
the first 3
months of
employment.
Additional 3
hours of
training within
the first 9
months of
employment.
Yes By DOEA.
Home Health
Agencies
Not specified. 2 hours of
training within
the first 9
months of
employment.
Yes By DOEA. HHA’s
that
serve
90%
individu
als
under
age 21
are
exempt.
Hospice
Providers
ADRD upon
beginning
employment.
1 hour of
training within
the first 3
months of
employment.
Additional 3
hours of
training within
the first 9
months of
employment.
Yes By DOEA.
Special Care
ALFs
5
Employees with
incidental contact
must be given
information
within 3 months.
4 hours within 3
months of
employment
4 additional
hours within 9
months of
employment +
4 hours CE
annually
Not specified. By DOEA
Adult Day Care
Centers
Same as nursing
homes, home
health agencies,
and Hospice.
1 hour of
training within
the first 3
months of
employment.
Additional 3
hours of
training within
the first 9
months of
employment.
Yes By DOEA
Specialized
Alzheimer’s
Services Adult
Day Care
Centers
Same as nursing
homes, home
health agencies,
and Hospice.
4 hours of
training within
the first 3
months of
employment.
Additional 4
hours of
training within
the first 6
months of
employment.
Yes By DOEA
Adult Family-
Care Homes
None None None Not Specified. By the Agency
for Health
Care
5
Training is required if the ALF advertises that it provides special care for persons with Alzheimer’s disease or related
disorders. Section 429.178, F.S. BILL: SB 1182 Page 5
Administration
(AHCA)
Nurse Registries/
Companion or
Homemaker
Services
None None None Not specified.
Specific details for each facility/agency type are below:
Nursing Homes
A nursing home is a facility that provides 24-hour nursing care, personal care, or custodial care
to individuals who are ill or physically infirm.
6
Nursing homes are licensed and regulated by the
Agency for Health Care Administration (AHCA) under part II of ch. 400, F.S.
Section 400.1755, F.S., requires each nursing home to provide the following training:
Provide each of its employee’s basic written information about interacting with persons with
ADRD upon beginning employment.
All employees who are expected to, or whose responsibilities require them to, have direct
contact with residents with ADRD must also have an initial training of at least one hour
completed in the first three months after beginning employment. This training must include,
but is not limited to, an overview of dementias and must provide basic skills in
communicating with persons with dementia.
An individual who provides direct care must complete the required initial training and an
additional three hours of training within nine months after beginning employment. This
training must include, but is not limited to, managing problem behaviors, promoting the
resident's independence in activities of daily living, and skills in working with families and
caregivers. Health care practitioners’ continuing education can be counted toward the
required training hours.
The DOEA or its designee must approve the initial and continuing training provided in the
facilities. The DOEA must approve training offered in a variety of formats, including, but not
limited to, Internet-based training, videos, teleconferencing, and classroom instruction. The
DOEA must keep a list of current providers who are approved to provide initial and
continuing training. The DOEA must adopt rules to establish standards for the trainers and
the training required in this section of statute.
Upon completing any training listed in the section, the employee or direct caregiver must be
issued a certificate that includes the name of the training provider, the topic covered, and the
date and signature of the training provider. The certificate is evidence of completion of
training in the identified topic, and the employee or direct caregiver is not required to repeat
training in that topic if the employee or direct caregiver changes employment to a different
facility or to an assisted living facility, home health agency, adult day care center, or adult
family-care home. The direct caregiver must comply with other applicable continuing
education requirements.
6
Section 400.021(7), F.S. BILL: SB 1182 Page 6
Home Health Agencies
A home health agency provides one or more of the following home health services: nursing care;
therapy; home health aide services; dietetics and nutrition; or medical supplies.
7
Home health
agencies are licensed and regulated by the AHCA under part III of ch. 400, F.S.
Section 400.4785, F.S., requires a home health agency to provide the following staff training:
Upon beginning employment with the agency, each employee must receive basic written
information about interacting with participants who have ADRD.
Newly-hired home health agency personnel who will be providing direct care to patients
must complete two hours of training in ADRD within nine months after beginning
employment with the agency. This training must include, but is not limited to, an overview of
dementia, a demonstration of basic skills in communicating with persons who have dementia,
the management of problem behaviors, information about promoting the client's
independence in activities of daily living, and instruction in skills for working with families
and caregivers.
For certified nursing assistants, the required two hours of training are part of the total hours
of training required annually.
For a health care practitioner, as defined in s. 456.001, F.S.,
8
continuing education hours
taken as required by that practitioner's licensing board are counted toward the total of two
hours.
For an employee who is a licensed health care practitioner, training that is sanctioned by that
practitioner's licensing board must be considered to be approved by the DOEA.
The DOEA, or its designee, must approve the required training. The DOEA must consider
for approval training offered in a variety of formats. The DOEA must keep a list of current
providers who are approved to provide the two-hour training. The DOEA must adopt rules to
establish standards for the employees who are subject to this training, for the trainers, and for
the training required in this section of statute.
Upon completing the training listed in the section, the employee must be issued a certificate
that states that the training mandated under the section has been received. The certificate
must be dated and signed by the training provider. The certificate is evidence of completion
of this training, and the employee is not required to repeat this training if the employee
changes employment to a different home health agency.
A licensed home health agency whose unduplicated census during the most recent calendar
year was composed of at least 90 percent of individuals aged 21 years or younger at the date
of admission, is exempt from the training requirements in this section of statute.
Assisted Living Facilities
An ALF is a residential establishment, or part of a residential establishment, that provides
housing, meals, and one or more personal services for a period exceeding 24 hours to one or
more adults who are not relatives of the owner or administrator.
9
ALFs are licensed and
7
Section 400.462(12) and (14), F.S.
8
Section 456.001(4), F.S., defines “health care practitioner” as any person licensed under ch. 457, F.S.; ch. 458, F.S.; ch.
459, F.S.; ch. 460, F.S.; ch. 461, F.S.; ch. 462, F.S.; ch. 463, F.S.; ch. 464, F.S.; ch. 465, F.S.; ch. 466, F.S.; ch. 467, F.S.; part
I, part II, part III, part V, part X, part XII, or part XIV of ch. 468, F.S.; ch. 478, F.S.; ch. 480, F.S.; part I or part II of ch. 483,
F.S.; ch. 484, F.S.; ch. 486, F.S.; ch. 490, F.S.; or ch. 491, F.S.
9
Section 429.02(5), F.S. BILL: SB 1182 Page 7
regulated by the AHCA under part I of ch. 429, F.S. An ALF that advertises that it provides
special care for individuals with ADRD is required to meet certain staffing and ADRD training
requirements that are not required of other ALFs.
10
All ALF employees are required to attend a preservice orientation provided by the facility prior
to interacting with residents. The preservice orientation must be at least two hours and must
cover certain topics, including resident’s rights and the services offered by the facility.
11
ADRD training is only required for employees of ALFs that provide special care for residents
with ADRD.
12
Further, s. 429.178, F.S., requires an ALF that advertises it provides special care
for persons with ADRD to provide the following training:
An employee who has regular contact with such residents must complete up to four hours of
initial dementia-specific training developed or approved by the DOEA. The training must be
completed within three months after beginning employment and satisfy the core training
requirements of s. 429.52(3)(g), F.S.
A direct caregiver who provides direct care to such residents must complete the required
initial training and four additional hours of training developed or approved by the DOEA.
The training must be completed within nine months after beginning employment and satisfy
the core training requirements of s. 429.52(3)(g), F.S.
An individual who is employed by a facility that provides special care for residents with
ADRD, but who only has incidental contact with such residents, must be given, at a
minimum, general information on interacting with individuals with ADRD, within three
months after beginning employment.
A direct caregiver must also participate in a minimum of four contact hours of continuing
education each calendar year. The continuing education must include one or more topics
included in the dementia-specific training, developed or approved by the DOEA, in which
the caregiver has not received previous training.
Upon completing any specified training, the employee or direct caregiver must be issued a
certificate that includes the name of the training provider, the topic covered, and the date and
signature of the training provider. The certificate is evidence of completion of training in the
identified topic, and the employee or direct caregiver is not required to repeat training in that
topic if the employee or direct caregiver changes employment to a different facility. The
employee or direct caregiver must comply with other applicable continuing education
requirements.
The DOEA, or its designee, must approve the initial and continuing education courses and
providers.
The DOEA must keep a current list of providers who are approved to provide initial and
continuing education for staff of facilities that provide special care for persons with ADRD.
10
Sections 429.177 and 429.178(1), F.S.
11
Section 429.52(1), F.S., and Rule 59A-36.011(2), F.A.C.
12
Section 429.178(1), F.S., requires an ALF that advertises that it provides special care for persons with ADRD to meet certain standards
of operation that are not required of other ALFs. This is not a separate licensure category. The additional standards of operation include:
have an awake staff member on duty 24 hours a day, if the facility has 17 or more residents; if the facility has fewer than 17 residents, the
facility may have mechanisms in place to monitor residents instead of having an awake staff member on duty 24 hours a day; offer
activities specifically designed for persons who are cognitively impaired; have a physical environment that provides for the safety and
welfare of the residents; and employ staff who have completed the required training and continuing education. BILL: SB 1182 Page 8
Adult Family-Care Homes
An adult family-care home is a private home, under which a person who owns or rents the home
provides room, board, and personal care in a family-like living arrangement, on a 24-hour basis,
for no more than five disabled adults or frail elders who are not relatives of the homeowner.
13
AFCHs are licensed and regulated by the AHCA under part II of ch. 429, F.S.
AFCH providers are required to undergo 12 hours of training some of which must be related to
Identifying and meeting the special needs of disabled adults and frail elders. However, providers
are not currently required to undergo training specific to ADRD.
14
Adult Day Care Centers
Adult day care centers provide therapeutic services and activities for adults in a non-institutional
setting.
15
Participants may utilize a variety of services offered during any part of a day totaling
less than 24-hours. Basic services provided by ADCCs include leisure activities, self-care
training, nutritional services, and respite care.
16
Section 429.917, F.S., requires an ADCC to provide the following staff training:
Upon beginning employment with the facility, each employee must receive basic written
information about interacting with participants who have ADRD.
In addition to the information provided, newly-hired adult day care center personnel who are
expected to, or whose responsibilities require them to, have direct contact with participants
who have ADRD must complete initial training of at least one hour within the first three
months after beginning employment. The training must include an overview of dementias
and must provide instruction in basic skills for communicating with persons who have
dementia.
In addition to the previous requirements, an employee who will be providing direct care to a
participant who has ADRD must complete an additional three hours of training within nine
months after beginning employment. This training must include, but is not limited to, the
management of problem behaviors, information about promoting the participant's
independence in activities of daily living, and instruction in skills for working with families
and caregivers.
For certified nursing assistants, the required four hours of training is part of the total hours of
training required annually.
For a health care practitioner as defined in s. 456.001, F.S., continuing education hours taken
as required by that practitioner's licensing board are counted toward the total of four hours.
For an employee who is a licensed health care practitioner as defined in s. 456.001, F.S.,
training that is sanctioned by that practitioner's licensing board is considered to be approved
by the DOEA.
The DOEA or its designee must approve the one-hour and three-hour training provided to
employees and direct caregivers under this section of statute. The DOEA must consider for
approval training offered in a variety of formats. The DOEA must keep a list of current
13
Section 429.65(2), F.S.
14
See s. 429.75, F.S., and Fla. Admin. Code R. 59A-37.007 (2020).
15
Section 429.901(3), F.S.
16
Id. BILL: SB 1182 Page 9
providers who are approved to provide the one-hour and three-hour training. The DOEA
must adopt rules to establish standards for the employees who are subject to this training, for
the trainers, and for the training required in this section of statute.
Upon completing any training described in the section, the employee or direct caregiver must
be issued a certificate that includes the name of the training provider, the topic covered, and
the date and signature of the training provider. The certificate is evidence of completion of
training in the identified topic, and the employee or direct caregiver is not required to repeat
training in that topic if the employee or direct caregiver changes employment to a different
ADCC or to an ALF, nursing home, home health agency, or hospice. The direct caregiver
must comply with other applicable continuing education requirements.
Specialized Alzheimer’s Services Adult Day Care Centers
An ADCC may hold a license designated by the AHCA as a specialized Alzheimer’s services
adult day care center if it meets certain requirements.
17
Employees of specialized Alzheimer’s
services ADCCs, who have direct contact with, or provide direct care to, individuals with ADRD
are required to receive four hours of ADRD training within three months of beginning
employment.
18
Employees of specialized Alzheimer’s services ADCCs who provide direct care
to participants with ADRD are required to receive an additional four hours of training within six
months of beginning employment. The curriculum for the additional four hours of training must
address the following subject areas:
Understanding brain disease;
Normal brain functions and normal aging;
Understanding treatable and irreversible dementia;
Mental status tests;
Communication and the effects of damage to brain cells;
Influences on behavior and brain deterioration;
Interventions;
Physical causes and pain indications;
Common ADRD medications and side effects;
Malnutrition and dehydration;
Activities of daily living;
Validation therapy;
Safety; and
Caregiver stress management.
19
Employees of specialized Alzheimer’s services ADCCs who provide direct care to participants
with ADRD are also required to receive 4-hours of continuing education annually in topics
related to ADRD.
20
17
Section 429.918(4), F.S.
18
Rule 59A-16.111(2), F.A.C.
19
Rule 59A-16.111(3), F.A.C.
20
Rule 59A-16.111(5), F.A.C. BILL: SB 1182 Page 10
Nurse Registries and Companion and Homemaker Services
A nurse registry is an agency licensed to secure employment for registered nurses, licensed
practical nurses, certified nursing assistants, home health aides, companions, and homemakers,
who are compensated by fees as independent contractors to provide services in a patient’s home
or with health care facilities or other entities.
21
Nurse registries are governed by part II of chapter
408, F.S., and the nurse registry rules in Chapter 59A-18, F.A.C. A nurse registry must be
licensed by the AHCA to offer contracts in Florida.
22
Current law does not require contracted
personnel of nurse registries to complete training on ADRD.
Companions spend time with and care for elderly, handicapped, or convalescent individuals,
prepare and serve meals to such individuals, and accompany such individuals on trips and
outings. Companions are prohibited from providing hands-on personal care to a client.
23
Homemakers perform household chores that include housekeeping, meal planning and
preparation, shopping assistance, and routine household activities for elderly, handicapped, or
convalescent individuals. Homemakers are prohibited from providing hands-on personal care to
a client.
24
Current law does not require companions or homemakers to complete training on
ADRD.
ADRD Training Providers and Curricula
The DOEA or its designee is responsible for approving ADRD training providers and curricula
for employees of nursing homes, home health agencies, ALFs, and adult day care centers.
25
The
University of South Florida (USF) administers the Program through a contract with DOEA.
26
To be approved as a training provider, an applicant must provide proof of certain educational and
experience requirements, including:
A Master’s degree from an accredited college in health care, human services, or gerontology;
or
A Bachelor’s degree from an accredited college, or licensure as a registered nurse; and
One year of experience as an educator of caregivers for individuals with ADRD; or
Completion of a specialized training program relating to ADRD, and a minimum of two
years of practical experience in a program providing direct care to individuals with ADRD;
or
Three years of practical experience in a program providing direct care to individuals with
ADRD.
27
Upon successful completion of training, the trainer is required to issue the trainee a certificate of
completion.
28
Training curricula is certified for a period of three years and must be resubmitted
21
Section 400.462(21), F.S.
22
Section 400.506(1), F.S.
23
Section 400.462(7), F.S.
24
Section 400.462(18), F.S.
25
Sections 400.1755(5), 400.4785(1)(f), 429.178(5), and 429.917(1)(g), F.S.
26
The University of South Florida, College of Behavioral & Community Sciences, USF’s Training Academy on Aging,
Alzheimer's Disease and Related Disorders
Frequently Asked Questions, available at http://www.trainingonaging.usf.edu/products/faq.cfm (last visited March 11, 2023).
27
Rule 58A-5.0194(1)(a), F.A.C.
28
Rule 58A-5.0194(3), F.A.C. BILL: SB 1182 Page 11
for approval.
29
Approval of training curricula is based on how well it addresses the required
subject areas.
30
The table below depicts the number of approved trainers and training curricula by
facility/provider type.
31
Facility/Provider
Type
Approved
Training Providers
Approved
Training Curricula
Nursing Home 1,865 24
ALF 800 66
Home Health Agency 750 22
Adult Day Care Center 133 17
Total 3,548 129
Quality of Long-Term Care Facility Improvement Trust Fund
The Quality of Long-Term Care Facility Improvement Trust Fund (“Trust Fund”), created in
2001,
32
supports innovative ideas that directly impact quality of care or quality of life of nursing
home residents beyond minimum standards.
33
Section 400.0239, F.S., places the Trust Fund
within the AHCA.
34
Trust Fund expenditures can be made for:
Development and operation of a mentoring program for increasing the competence,
professionalism, and career preparation of long-term care facility direct care staff, including
nurses, nursing assistances, and social service and dietary personnel;
Development and implementation of specialized training programs for long-term care facility
personnel who provide direct care of residents:
o With ADRD;
o At risk of developing pressure sores; and
o With special nutrition and hydration needs.
Provision of economic and other incentives to enhance the stability and career development
of the nursing home direct care workforce, including paid sabbaticals for exemplary direct
care career staff to visit facilities throughout the state to train and motivate younger workers
to commit to long-term care careers; and
Promotion and support for the formation and active involvement of resident and family
councils in the improvement of nursing home care.
35
The Trust Fund is funded through a combination of:
General Revenue;
29
Rule 58A-5.0194(1)(b), F.A.C.
30
Id.
31
The University of South Florida’s Training Academy on Aging, Find Approved Applications, available at
https://usfweb.usf.edu/trainingonAging/default.aspx, (last visited March 11, 2023).
32
Ch. 2001-205, L.O.F.
33
The AHCA, Quality of Long-Term Care Facility Improvement Trust Fund, available at
https://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Long_Term_Care/Trust_Fund.shtml (last visited March 11,
2023).
34
Section 400.0239(1), F.S.
35
Section 400.0239(2), F.S. BILL: SB 1182 Page 12
The Civil Money Penalty Fund; and
Fifty percent of any punitive damages awarded in lawsuits against a nursing home or ALF.
36
III. Effect of Proposed Changes:
ADRD Training Requirements
SB 1182, which may be cited as the “Florida Alzheimer’s Disease and Dementia Training Act”,
creates s. 430.5025, F.S., to establish universal ADRD training requirements for nursing homes,
home health agencies, nurse registries, companion and homemaker service providers, ALFs,
AFCHs, and ADCCs with limited exception.
The bill makes the following changes (indicated by red font) to the ADRD training requirements
for employees of nursing homes, home health agencies, nurse registries, ALFs, and adult day
care centers to increase uniformity of training requirements across the long-term care industry.
Initial Training for all “Employees”
Basic Written Info Hours
Current
Effect of
the Bill
Current
Effect of
the Bill
Nursing Homes
Basic written info upon
beginning employment
Basic written info upon
beginning employment
None.
1 hr w/in 1
st
30 days
Home Health
Agencies
Basic written info upon
beginning employment
Basic written info upon
beginning employment
None.
1 hr w/in 1
st
30 days
Nurse Registry
Companion or
Homemaker Service
None.
Basic written info upon
beginning employment
None.
1 hr w/in 1st
30 days
ALFs
Generally None.
Basic written info upon
beginning employment
None.
1 hr w/in 1
st
30 days
Special
Care
Basic written info
w/in 1
st
3 months
Basic written info upon
beginning employment
None.
1 hr w/in 1
st
30 days
Adult
Family-
Care
Home
Generally None.
Basic written info upon
beginning employment
None.
1 hr w/in 1
st
30 days
Special
Care
None.
Basic written info upon
beginning employment
None.
1 hr w/in 1
st
30 days
Adult
Day
Care
Centers
Generally
Basic written info upon
beginning employment
Basic written info upon
beginning employment
None.
1 hr w/in 1
st
30 days
Special
Care
Basic written info upon
beginning employment
Basic written info upon
beginning employment
None.
1 hr w/in 1
st
30 days
36
Section 400.0238(4), F.S. BILL: SB 1182 Page 13
Direct Care Workers Providing Personal Care to Individuals with ADRD
37
Initial Training
38
Additional 1
st
Year Training Continuing
Current
Effect of
the Bill
Current
Effect of
the Bill
Current
Effect of
the Bill
Nursing Homes
1 hr.
w/in 1
st
3 months
1 hr
w/in 1st
30 days
3 hrs.
w/in 1
st
9 months
3 hrs.
w/in 1
st
7 months
None. No change.
Home Health
Agencies
None.
1 hr
w/in 1st
30 days
2 hrs.
w/in 1
st
9 months
2 hrs.
w/in 1
st
7 months
None. No change.
Nurse Registry
Companion or
Homemaker Service
None.
1 hr
w/in 1st
30 days
None.
2 hrs.
w/in 1
st
7 months
None. No change.
ALFs
Generally None.
1 hr
w/in 1st
30 days
None.
3 hrs.
w/in 1
st
7 months
None. No change.
Special
Care
4 hrs.
w/in 1
st
3 months
1 hr
w/in 1st
30 days
4 hrs.
w/in 1
st
9 months
3 hrs. w/in 1
st
3 months
plus
4 hrs. w/in 1
st
6 months
4 hrs.,
annually
No change.
Adult
Family-
Care
Home
Generally None.
1 hr
w/in 1st
30 days
None.
3 hrs. w/in 1
st
7 months
None. No change.
Special
Care
None.
1 hr
w/in 1st
30 days
None.
3 hrs. w/in 1
st
3 months
plus
4 hrs. w/in 1
st
6 months
None.
4 hrs.,
annually
Adult
Day
Care
Centers
Generally
1 hr.
w/in 1
st
3 months
1 hr
w/in 1st
30 days
3 hrs.
w/in 1
st
9
months
3 hrs.
w/in 1
st
7 months
None. No change.
Special
Care
4 hrs.
w/in 1
st
3 months
1 hr w/in 1st
30 days
4 hrs.
w/in 1
st
6 months
3 hrs. w/in 1
st
3 months
plus
4 hrs. w/in 1
st
6 months
4 hrs.,
annually,
per rule
4 hrs.,
annually,
per statute
The bill defines the following terms:
“Covered provider” means a nursing home, a home health agency, a nurse registry, a
companion or homemaker service provider, an ALF, an AFCH, or an ADCC licensed or
registered under ch. 400, F.S., or ch. 429, F.S.
37
Note: New training requirements only apply to employees providing direct care to patients/residents with ADRD, as compared to training
requirements in current law which apply to employees providing direct care to any patient/resident.
38
Current law only provides an initial hour-based training requirement for the direct care workers of certain provider types. The proposed
initial hourly training requirement applicable to all “employees” is repeated here since all “direct care workers” will have to complete this
training. This initial training requirement is not in addition to the initial hour-based training that is currently applicable. BILL: SB 1182 Page 14
“Department” means the Department of Elderly Affairs or its designee.
39
“Employee” means a person, contracted staff, or independent contractor employed or
referred by a covered provider who is required to have a level 2 background screening as
required by s. 408.809, F.S., and ch. 435, F.S.
“Personal care” means providing, through in-person contact, assistance with activities of
daily living, assistance with self-administration of medication, homemaker or companion
services, nursing services, or other services that promote the physical, mental, and
psychosocial well-being of participants, patients, and residents of covered providers. The
term does not include duties involving administrative functions or maintaining the physical
environment of an ALF, including grounds maintenance, building maintenance,
housekeeping, laundry, or food preparation.
“Regular contact” means the performance of duties other than personal care which may
require employees to interact in person on a daily basis with participants, patients, or
residents.
The bill also requires the Department of Elder Affairs (DOEA) to offer education to the general
public about ADRD. The education must provide basic information about:
The most common forms of dementia;
How to identify the signs and symptoms of dementia;
Coping skills;
How to respond to changes;
Planning for the future; and
How to access additional resources about dementia.
The bill requires a covered provider to provide each of its employees who provide personal care
to or have regular contact with patients, participants, or residents, one hour of dementia-related
training within 30 days of his or her employment. Covered providers must also provide
employees with basic written information upon beginning employment.
The bill directs the DOEA or its designee to provide the initial one hour of dementia-related
training. The training must be provided in an online format at no cost, and must contain
information on the following topics:
Understanding the basics about the most common forms of dementia;
How to identify the signs and symptoms of dementia; and
Skills for communicating and interacting with persons with ADRD.
Additionally, the bill requires each employee of a home health agency, nurse registry, or
companion or homemaker service provider who provides personal care for persons with ADRD
to receive two hours of additional training within the first seven months of employment. For
employees of home health agencies, nurse registries, or companion or homemakers services, the
additional training must include, but is not limited to:
Behavior management;
Promoting the person’s independence in activities of daily living;
Skills for working with families and caregivers.
39
Also known as the Department of Elder Affairs (DOEA). BILL: SB 1182 Page 15
Each employee of a nursing home, ALF, AFCH or ADCC who provides personal care for
persons with ADRD must receive three hours of additional training within the first seven months
of employment. For employees of ALFs, AFCHs, and ADCCs, the additional training must
include the three above-mentioned topics and also include, but not be limited to:
Group and individual activities;
Maintaining an appropriate environment; and
Ethical issues.
Employees of ALFs, AFCHs, and ADCCs which advertise and provide specialized care for
persons with Alzheimer’s disease must also receive the following additional training if such
employees provide personal care, as defined in the bill:
Three hours of additional training within the first three months of employment, rather than
the first seven months;
Four hours of dementia-specific training within the first six months of employment; and
Four hours of continuing education each calendar year through:
o Contact hours;
o On-the-job training
40
which can account for no more than 2 hours of continuing
education credit each calendar year; or
o Electronic learning technology.
The bill requires the continuing education to cover at least one of the topics included in the
dementia-specific training in which the employee has not received previous training within the
last calendar year.
The bill allows ADRD training hours required under the bill to count toward the total hours of
training required for certified nursing assistants to maintain certification. The bill also allows
ADRD training hours to count toward the total hours of continuing education required for health
care practitioners, as defined in s. 456.001, F.S.
ADRD Training Providers and Curricula
For the post-initial training and continuing education, the bill authorizes the DOEA or its
designee to develop training curriculum guidelines and allows training providers who meet
certain qualifications to offer training without prior approval, including:
An individual who is approved by a board of the Department of Health (DOH) to provide
training and is registered with the DOH electronic continuing education tracking system; and
o An individual with a Master’s or Doctorate degree in health care, social services, or
gerontology from an accredited college or university; or
o A person approved by the DOEA or its designee before July 1, 2023.
The individuals above, other than those approved by the DOEA or its designee before July 1,
2023, must also meet one of the following experience requirements:
40
The bill defines “on-the-job training” to mean a form of direct coaching in which a facility administrator or his or her
designee instructs an employee who provides personal care with guidance, support, or hands-on experience to help develop
and refine the employee’s skills for caring for a person with ADRD. BILL: SB 1182 Page 16
At least one year of teaching experience as an educator for caregivers of persons with
ADRD;
At least one year of practical experience in a program providing care to persons with ADRD;
or
Completion of a specialized ADRD training program from an accredited health care, human
services, or gerontology education provider.
Current law authorizes DOEA or its designee to approve the initial 1-hour training curricula, the
additional training (post-initial training) curricula, and the continuing education curricula for
nursing homes, ALFs, adult family-care homes, home health agencies, and adult day care
centers. The bill adds the authority for DOEA or its designee to approve such training curricula
for nurse registries and homemaker and companion services.
For the initial 1-hour training requirement, the bill requires the DOEA or its designee to provide
ADRD training for free and make it available online.
The bill provides that any ADRD training and curriculum that has been approved before July 1,
2023 remains in effect until the curriculum’s expiration date. The bill authorizes the DOEA or its
designee to adopt rules to establish requirements for the approval of other qualified training
providers, and to conduct samplings of training curricula as necessary to monitor for compliance
with curriculum guidelines.
Training Records
Under the bill, employees are not required to repeat any of the training requirements in the bill
upon a change of employment to a different covered provider. To facilitate this, the bill
addresses employee access to their own training records.
For the initial training, the bill requires trainers to provide a record of an employee’s completion
of training to the covered provider. The bill requires the covered provider to maintain a record of
the employee’s completion of the training, and upon written request by the employee, provide a
copy of the record of completion to the employee.
For post-initial training and continuing education, the bill requires trainers to provide a record of
an employee’s completion of training and continuing education, but it does not specify who the
record must be provided to (covered provider or employee). Further, the bill does not require a
covered provider to maintain the record of completion or provide a copy of the record of
completion like it does for records of completion of initial training.
Implementation
The bill requires all employees hired before July 1, 2023, to complete the training requirements
of the bill by July 1, 2026. Individuals newly employed, contracted, or referred to provide
services on or after the effective date of the bill may complete training using any existing
training curriculum approved by DOEA. The bill provides a grandfather clause for an employee
who shows proof of completion of training that is equivalent to the training requirements of the BILL: SB 1182 Page 17
bill. However, it is unlikely that many employees have received training that is equivalent to the
enhanced training requirements of the bill.
The bill amends s. 400.0239, F.S., to allow funds from the Quality of Long-Term Care Facility
Improvement Trust Fund to be allocated for direct support of the development and
implementation of specialized training programs for long-term care facility personnel who
provide direct care for residents with ADRD as provided under the bill.
The bill also amends ss. 400.1755, 400.4785, 400.6045, 429.178, 429.917, and 429.918 F.S.,
respectively, to cross-reference the ADRD training section created by the bill and repeal the
individual ADRD training requirements in the licensure statutes for nursing homes, home health
agencies, hospice providers, ALFs, ADCCs, and specialized Alzheimer’s services ADCCs in
favor of the uniform training requirements established by the bill. However, the bill as drafted
repeals the training requirements for hospice providers, but also adds a duplicative requirement
for home health agency providers and does not specifically implement an ADRD for hospice
providers.
The bill creates s. 400.51, implementing the training requirements established by the bill for
persons employed, contracted, or referred by a nurse registry or a person registered with an
agency to provide companion or homemaker services.
The bill amends s. 429.52 to require ALFs to include care of persons with ADRD as established
by the bill as a topic covered by the core competency test given to ALF administrators.
The bill amends s. 429.83, F.S., to require all adult family-care homes to provide ADRD staff
training pursuant to the requirements established in the bill. Currently, no adult family-care
homes are required to provide such training.
The bill is effective date July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None. BILL: SB 1182 Page 18
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill is likely to have a negative fiscal impact on health care facilities and providers as
a result of the increased training requirements of the bill. The level of fiscal impact is
indeterminate.
C. Government Sector Impact:
The DOEA states that there are potential expenditures to develop and distribute
informational materials beyond what is currently provided, potential expenditures for
developed training curricula, approval and monitoring beyond what is currently provided,
and potential expenditures to develop a database to store training participant
information.
41
The DOEA anticipates that any expenditures generated by the bill can be
absorbed by existing resources.
42
VI. Technical Deficiencies:
None.
VII. Related Issues:
The bill as drafted deletes all current ADRD training requirements for hospice licensees, and
replaces them with a (duplicative) reference to home health training requirements. This appears
to be a drafting error.
VIII. Statutes Affected:
This bill substantially amends sections 400.0239, 400.1755, 400.4785, 400.6045, 429.178,
429.52, 429.83, 429.917, and 429.918 of the Florida Statutes.
This bill creates sections 430.5025 and 400.51 of the Florida Statutes.
41
E-mail from Tyler Jefferson, Legislative Affairs Director, the DOEA, RE: SB 1182 - Education and Training for
Alzheimer's Disease and Related Forms of Dementia, March 11, 2023 (on file with the Senate Committee on Children,
Families, and Elder Affairs).
42
Id. BILL: SB 1182 Page 19
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.