Bill Text: FL S1088 | 2018 | Regular Session | Introduced
Bill Title: Training Requirements for Assisted Living Facility Employees
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-03-10 - Died in Health Policy [S1088 Detail]
Download: Florida-2018-S1088-Introduced.html
Florida Senate - 2018 SB 1088 By Senator Broxson 1-01466-18 20181088__ 1 A bill to be entitled 2 An act relating to training requirements for assisted 3 living facility employees; amending s. 429.52, F.S.; 4 deleting obsolete dates; requiring the Department of 5 Elderly Affairs to require certain new assisted living 6 facility employees to complete an instructional 7 requirement; requiring the department to develop a 8 core curriculum for use by trainers; requiring a 9 trainer who does not use the department’s core 10 curriculum to submit the curriculum used in his or her 11 trainings to the department by a specified date 12 annually for its review and approval; authorizing the 13 department to suspend the registration of a trainer 14 who fails to submit his or her curriculum for approval 15 or who fails to adhere to an approved curriculum; 16 requiring a curriculum developed for a certain 17 required training to include specified topics, 18 including emergency and disaster preparedness; 19 requiring a new facility administrator to complete an 20 instructional requirement before employment as an 21 administrator; specifying that a new facility 22 administrator must complete the required training and 23 education within a specified timeframe rather than 24 within a reasonable time as determined by the 25 department; requiring a registered trainer to submit 26 certain information on trainings performed to the 27 department at least once annually; providing an 28 effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Section 429.52, Florida Statutes, is amended to 33 read: 34 429.52 Staff training and educational programs; core 35 educational requirement.— 36 (1)Effective October 1, 2015,Each new assisted living 37 facility employee who has not previously completed core training 38 must attend a preservice orientation provided by the facility 39 before interacting with residents. The preservice orientation 40 must be at least 2 hours in duration and cover topics that help 41 the employee provide responsible care and respond to the needs 42 of facility residents. Upon completion, the employee and the 43 administrator of the facility must sign a statement that the 44 employee completed the required preservice orientation. The 45 facility must keep the signed statement in the employee’s 46 personnel record. 47 (2) Administrators and other assisted living facility staff 48 must meet minimum training and educationaleducation49 requirements established by the Department of Elderly Affairs by 50 rule. This training and education is intended to assist 51 facilities to appropriately respond to the needs of residents, 52 to maintain resident care and facility standards, and to meet 53 licensure requirements. 54 (3) The department shall establish a competency test and a 55 minimum required score to indicate successful completion of the 56 training and educational requirements. The competency test must 57 be developed by the department in conjunction with the agency 58 and providers. The department shall require a minimum of 3 hours 59 of instruction. The department must develop a core curriculum 60 that may be used in the required training. A trainer must use 61 the department’s core curriculum or a curriculum that has been 62 approved by the department. A trainer who does not use the 63 department’s core curriculum must submit the curriculum used in 64 his or her trainings to the department annually for its review 65 and approval, no later than December 31 of each year. The 66 department may suspend the registration of a trainer who fails 67 to submit his or her curriculum for approval or who fails to 68 adhere to an approved curriculum. A curriculum developed for the 69 required trainingand educationmust includecoverat least the 70 following topics: 71 (a) State law and rules relating to assisted living 72 facilities. 73 (b) Resident rights and identifying and reporting abuse, 74 neglect, and exploitation. 75 (c) Special needs of elderly persons, persons with mental 76 illness, and persons with developmental disabilities and how to 77 meet those needs. 78 (d) Nutrition and food service, including acceptable 79 sanitation practices for preparing, storing, and serving food. 80 (e) Medication management, recordkeeping, and proper 81 techniques for assisting residents with self-administered 82 medication. 83 (f) Firesafety requirements, including fire evacuation 84 drill procedures and other emergency procedures. 85 (g) Care of persons with Alzheimer’s disease and related 86 disorders. 87 (h) Emergency and disaster preparedness, including 88 procedures for maintaining the health and safety of residents 89 during an emergency. 90 (4)Effective January 1, 2004,A new facility administrator 91 must complete the required training and education, including the 92 competency test, within 90 daysa reasonable timeafter being 93 employed as an administrator and must successfully complete at 94 least 40 hours of instruction before employment as an 95 administrator, as determined by the department. Failure to do so 96 is a violation of this part and subjects the violator to an 97 administrative fine as prescribed in s. 429.19. Administrators 98 licensed in accordance with part II of chapter 468 are exempt 99 from this requirement. Other licensed professionals may be 100 exempted, as determined by the department by rule. 101 (5) Administrators are required to participate in 102 continuing education for a minimum of 12 contact hours every 2 103 years. 104 (6) Staff involved with the management of medications and 105 assisting residents with the self-administration of medications 106 under s. 429.256 must complete a minimum of 6 additional hours 107 of training provided by a registered nurse, licensed pharmacist, 108 or department staff. The department shall establish by rule the 109 minimum requirements of this additional training. 110 (7) Other facility staff shall participate in training 111 relevant to their job duties as specified by rule of the 112 department. 113 (8) If the department or the agency determines that there 114 are problems in a facility whichthatcould be reduced through 115 specific staff training or education beyond that already 116 required under this section, the department or the agency may 117 require, and provide, or cause to be provided, the training or 118 education of any personal care staff in the facility. 119 (9) The department shall adopt rules related to these 120 training requirements, the competency test, necessary 121 procedures, and competency test fees and shall adopt or contract 122 with another entity to develop a curriculum, which shall be used 123 as the minimum core training requirements. The department shall 124 consult with representatives of stakeholder associations and 125 agencies in the development of the curriculum. 126 (10) The training required by this section other than the 127 preservice orientation must be conducted by persons registered 128 with the department as having the requisite experience and 129 credentials to conduct the training. A person seeking to 130 register as a trainer must provide the department with proof of 131 completion of the minimum core training education requirements, 132 proof of successful passage of the competency test established 133 under this section, and proof of compliance with the continuing 134 education requirement in subsection (5). A registered trainer 135 shall submit the date, time, and location of trainings conducted 136 to the department at least once annually. 137 (11) A person seeking to register as a trainer must also: 138 (a) Provide proof of completion of a 4-year degree from an 139 accredited college or university and must have worked in a 140 management position in an assisted living facility for 3 years 141 after being core certified; 142 (b) Have worked in a management position in an assisted 143 living facility for 5 years after being core certified and have 144 1 year of teaching experience as an educator or staff trainer 145 for persons who work in assisted living facilities or other 146 long-term care settings; 147 (c) Have been previously employed as a core trainer for the 148 department; or 149 (d) Meet other qualification criteria as defined in rule, 150 which the department is authorized to adopt. 151 (12) The department shall adopt rules to establish trainer 152 registration requirements. 153 Section 2. This act shall take effect July 1, 2018.