Bill Text: FL S0414 | 2022 | Regular Session | Introduced

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Bill Title: Family Caregiver Certified Nursing Assistant Program

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2022-03-14 - Died in Appropriations Subcommittee on Health and Human Services [S0414 Detail]

Download: Florida-2022-S0414-Introduced.html

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       Florida Senate - 2022                                     SB 414
       
       
        
       By Senator Powell
       
       
       
       
       
       30-00303A-22                                           2022414__
    1                        A bill to be entitled                      
    2         An act relating to the family caregiver certified
    3         nursing assistant program; amending s. 464.201, F.S.;
    4         defining the terms “family caregiver” and “relative”;
    5         creating s. 464.2031, F.S.; requiring the Board of
    6         Nursing, in consultation with the Agency for Health
    7         Care Administration, to develop a program to train and
    8         certify family caregivers as certified nursing
    9         assistants for a specified purpose; specifying
   10         requirements for the program; authorizing family
   11         caregivers who complete the program to take the
   12         nursing assistant competency examination; providing
   13         that such caregivers who pass the examination are
   14         eligible for certification as a nursing assistant;
   15         providing conditions on certification for family
   16         caregivers who obtain certification as nursing
   17         assistants; providing for the lifting of conditions
   18         after a specified period; authorizing the board, in
   19         consultation with the agency, to adopt rules; amending
   20         s. 464.203, F.S.; revising certification requirements
   21         for certified nursing assistants to conform to changes
   22         made by the act; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Present subsections (5) and (6) of section
   27  464.201, Florida Statutes, are redesignated as subsections (6)
   28  and (7), respectively, and a new subsection (5) and subsection
   29  (8) are added to that section, to read:
   30         464.201 Definitions.—As used in this part, the term:
   31         (5) “Family caregiver” means a person who provides or
   32  intends to provide significant personal care and assistance to a
   33  relative who has an underlying physical or cognitive condition
   34  that prevents him or her from safely living independently.
   35         (8) “Relative” means a parent, spouse, child, sibling,
   36  grandparent, great-grandparent, first cousin, aunt, uncle,
   37  great-aunt, great-uncle, niece, or nephew, whether related by
   38  whole or half blood, by marriage, or by adoption.
   39         Section 2. Section 464.2031, Florida Statutes, is created
   40  to read:
   41         464.2031 Family caregiver certified nursing assistant
   42  program.—
   43         (1) The board, in consultation with the Agency for Health
   44  Care Administration, shall develop a program in accordance with
   45  42 C.F.R. ss. 483.151-483.154 to train and certify family
   46  caregivers as certified nursing assistants to increase the
   47  health care workforce in this state and authorize persons to
   48  provide trained nursing services to their relatives. A person
   49  who is a caregiver to a relative and wants to serve as the
   50  relative’s designated certified nursing assistant may
   51  participate in the program.
   52         (2) The program must consist of at least 84 hours of
   53  training, including all of the following:
   54         (a) A minimum of 40 hours of theoretical instruction in
   55  nursing, including, but not limited to, instruction on:
   56         1. Person-centered care.
   57         2. The aging process.
   58         3. Communication and interpersonal skills.
   59         4. Infection control.
   60         5. Safety and emergency procedures.
   61         6. Assistance with activities of daily living.
   62         7. Dementia care.
   63         8. End-of-life care.
   64         9. Mental health and social service needs.
   65         10. Care of cognitively impaired individuals.
   66         11. Basic restorative care and rehabilitation.
   67         12. Patient rights and confidentiality of personal
   68  information and medical records.
   69         13. Relevant legal and ethical issues.
   70  
   71  Such instruction must be offered in various formats, and any
   72  interactive instruction must be provided during various times of
   73  the day.
   74         (b) A minimum of 28 hours of skills training on basic
   75  nursing skills, including, but not limited to:
   76         1. Hygiene, grooming, and toileting.
   77         2. Infection control.
   78         3. Skin care and pressure sore prevention.
   79         4. Nutrition and hydration.
   80         5. Measuring vital signs, height, and weight.
   81         6. Safe lifting, positioning, and moving of patients.
   82         7. Wound care.
   83         8. Portable oxygen use and safety and other respiratory
   84  procedures.
   85         9. Peripheral intravenous assistive activities and
   86  alternative feeding methods.
   87         10. Urinary catheterization and ostomy care.
   88         (c) At least 16 hours of clinical training under direct
   89  supervision of a licensed registered nurse, to be completed in
   90  at least two separate shifts and in a board-approved health care
   91  facility.
   92         (3) A family caregiver who completes the program may take
   93  the nursing assistant competency examination and is eligible for
   94  certification to practice as a certified nursing assistant under
   95  s. 464.203(1)(e) upon passing the examination.
   96         (4) A family caregiver who obtains certification under s.
   97  464.203(1)(e) after completing the program, as a condition of
   98  certification, must serve as a designated certified nursing
   99  assistant for his or her relative under contract with a licensed
  100  nurse registry for at least 2 years. After 2 years of such
  101  practice, a certified nursing assistant may practice in any
  102  setting authorized by law and is not required to contract with a
  103  licensed nurse registry.
  104         (5) The board, in consultation with the Agency for Health
  105  Care Administration, may adopt rules to implement this section.
  106         Section 3. Paragraph (e) is added to subsection (1) of
  107  section 464.203, Florida Statutes, to read:
  108         464.203 Certified nursing assistants; certification
  109  requirement.—
  110         (1) The board shall issue a certificate to practice as a
  111  certified nursing assistant to any person who demonstrates a
  112  minimum competency to read and write and successfully passes the
  113  required background screening pursuant to s. 400.215. If the
  114  person has successfully passed the required background screening
  115  pursuant to s. 400.215 or s. 408.809 within 90 days before
  116  applying for a certificate to practice and the person’s
  117  background screening results are not retained in the
  118  clearinghouse created under s. 435.12, the board shall waive the
  119  requirement that the applicant successfully pass an additional
  120  background screening pursuant to s. 400.215. The person must
  121  also meet one of the following requirements:
  122         (e) Has completed the program developed by the board under
  123  s. 464.2031 and achieved a minimum score, established by rule of
  124  the board, on the nursing assistant competency examination,
  125  which consists of a written portion and skills-demonstration
  126  portion, approved by the board and administered at a site and by
  127  personnel approved by the department.
  128         Section 4. This act shall take effect July 1, 2022.