Bill Text: MN SF2140 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Housing with services establishments dementia care training requirement
Sponsorship: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2014-03-20 - Author added Franzen [SF2140 Detail]
Download: Minnesota-2013-SF2140-Engrossed.html
1.2relating to health; requiring training for housing with services establishments;
1.3requiring training on Alzheimer's disease for all long-term care facilities;
1.4amending Minnesota Statutes 2012, section 144D.065; proposing coding for new
1.5law in Minnesota Statutes, chapter 144D.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 144D.065, is amended to read:
1.8144D.065 TRAINING IN DEMENTIA CARE REQUIRED.
1.9(a) If a housing with services establishment registered under this chapter has a
1.10special program or special care unit for residents with Alzheimer's disease or other
1.11dementias or advertises, markets, or otherwise promotes the establishment as providing
1.12 services for persons with Alzheimer's disease orrelated disorders other dementias, whether
1.13in a segregated or general unit,the establishment's direct care staff and their supervisors
1.14must be trained in dementia care employees of the establishment and of the establishment's
1.15arranged home care provider must meet the following training requirements:
1.16(1) supervisors of direct-care staff must have at least eight hours of initial training on
1.17topics specified under paragraph (b) within 120 hours of the employment start date, and
1.18must have at least two hours of training on topics related to dementia care for each 12
1.19months of employment thereafter;
1.20(2) direct-care employees must have completed at least eight hours of initial training
1.21on topics specified under paragraph (b) within 160 hours of the employment start date.
1.22Until this initial training is complete, an employee must not provide direct care unless
1.23there is another employee on site who has completed the initial eight hours of training on
1.24topics related to dementia care and who can act as a resource and assist if issues arise. A
2.1trainer of the requirements under paragraph (b), or a supervisor meeting the requirements
2.2in clause (1) must be available for consultation with the new employee until the training
2.3requirement is complete. Direct-care employees must have at least two hours of training
2.4on topics related to dementia for each 12 months of employment thereafter;
2.5(3) staff who do not provide direct care, including maintenance, housekeeping and
2.6food service staff must have at least four hours of initial training on topics specified under
2.7paragraph (b) within 160 hours of the employment start date, and must have at least two
2.8hours of training on topics related to dementia care for each 12 months of employment
2.9thereafter; and
2.10(4) new employees may satisfy the initial training requirements by producing written
2.11proof of previously completed required training within the past 18 months.
2.12(b) Areas of required training include:
2.13(1) an explanation of Alzheimer's disease and related disorders;
2.14(2) assistance with activities of daily living;
2.15(3) problem solving with challenging behaviors; and
2.16(4) communication skills.
2.17(c) The establishment shall provide to consumers in written or electronic form a
2.18description of the training program, the categories of employees trained, the frequency
2.19of training, and the basic topics covered. This information satisfies the disclosure
2.20requirements of section325F.72, subdivision 2 , clause (4).
2.21(d) Housing with services establishments not included in paragraph (a) that provide
2.22assisted living services under chapter 144G must meet the following training requirements:
2.23(1) supervisors of direct-care staff must have at least four hours of initial training on
2.24topics specified under paragraph (b) within 120 hours of the employment start date, and
2.25must have at least two hours of training on topics related to dementia care for each 12
2.26months of employment thereafter;
2.27(2) direct-care employees must have completed at least four hours of initial training
2.28on topics specified under paragraph (b) within 160 hours of the employment start date.
2.29Until this initial training is complete, an employee must not provide direct care unless there
2.30is another employee on site who has completed the initial four hours of training on topics
2.31related to dementia care and who can act as a resource and assist if issues arise. A trainer
2.32of the requirements under paragraph (b), or supervisor meeting the requirements under
2.33paragraph (a), clause (1), must be available for consultation with the new employee until
2.34the training requirement is complete. Direct-care employees must have at least two hours
2.35of training on topics related to dementia for each 12 months of employment thereafter;
3.1(3) staff who do not provide direct care, including maintenance, housekeeping and
3.2food service staff must have at least four hours of initial training on topics specified under
3.3paragraph (b) within 160 hours of the employment start date, and must have at least two
3.4hours of training on topics related to dementia care for each 12 months of employment
3.5thereafter; and
3.6(4) new employees may satisfy the initial training requirements by producing written
3.7proof of previously completed required training within the past 18 months.
3.8EFFECTIVE DATE.This section is effective January 1, 2016.
3.9 Sec. 2. [144D.10] MANAGER REQUIREMENTS.
3.10(a) The person primarily responsible for oversight and management of a housing
3.11with services establishment, as designated by the owner of the housing with services
3.12establishment, must obtain at least 30 hours of continuing education every two years of
3.13employment as the manager in topics relevant to the operations of the housing with services
3.14establishment and the needs of its tenants. Continuing education earned to maintain a
3.15professional license, such as nursing home administrator license, nursing license, social
3.16worker license, and real estate license, can be used to complete this requirement.
3.17(b) For managers of establishments identified in section 325F.72, this continuing
3.18education must include at least eight hours of documented training on the topics identified
3.19in section 144D.065, subdivision 1, paragraph (b), within 160 hours of hire, and two hours
3.20of training on these topics for each 12 months of employment thereafter.
3.21(c) For managers of establishments not covered by section 325F.72, but who provide
3.22assisted living services under chapter 144G, this continuing education must include at
3.23least four hours of documented training on the topics identified in section 144D.065,
3.24subdivision 1, paragraph (b), within 160 hours of hire, and two hours of training on these
3.25topics for each 12 months of employment thereafter.
3.26(d) A statement verifying compliance with the continuing education requirement
3.27must be included in the housing with services establishment's annual registration to the
3.28commissioner of health. The establishment must maintain records for at least three years
3.29demonstrating that the person primarily responsible for oversight and management of the
3.30establishment has attended educational programs as required by this section.
3.31(e) New managers may satisfy the initial dementia training requirements by producing
3.32written proof of previously completed required training within the past 18 months.
3.33EFFECTIVE DATE.This section is effective January 1, 2016.
4.1 Sec. 3. [144D.11] EMERGENCY PLANNING.
4.2(a) Each registered housing with services establishment must meet the following
4.3requirements:
4.4(1) have a written emergency disaster plan that contains a plan for evacuation,
4.5addresses elements of sheltering in-place, identifies temporary relocation sites, and details
4.6staff assignments in the event of a disaster or an emergency;
4.7(2) post an emergency disaster plan prominently;
4.8(3) provide building emergency exit diagrams to all tenants upon signing a lease;
4.9(4) post emergency exit diagrams on each floor; and
4.10(5) have a written policy and procedure regarding missing tenants.
4.11(b) Each registered housing with services establishment must provide emergency
4.12and disaster training to all staff within 30 days of hire and annually thereafter and must
4.13make emergency and disaster training available to all tenants annually.
4.14(c) Each registered housing with services location must conduct and document a fire
4.15drill or other emergency drill at least every six months. To the extent possible, drills must
4.16be coordinated with local fire departments or other community emergency resources.
4.17EFFECTIVE DATE.This section is effective January 1, 2016.
4.18 Sec. 4. EVALUATION AND REPORTING REQUIREMENTS.
4.19(a) The commissioner of health shall consult with the Alzheimer's Association,
4.20Aging Services of Minnesota, Care Providers of Minnesota, the ombudsman for long term
4.21care, and other stakeholders to evaluate the following:
4.22(1) whether additional settings, provider types, licensed and unlicensed personnel, or
4.23health care services regulated by the commissioner should be required to comply with the
4.24training requirements in Minnesota Statutes, sections 144D.065, 144D.10, and 144D.11;
4.25(2) cost implications for the groups or individuals identified in clause (1) to comply
4.26with the training requirements;
4.27(3) dementia education options available;
4.28(4) existing dementia training mandates under federal and state statutes and rules; and
4.29(5) the enforceability of Minnesota Statutes, sections 144D.065, 144D.10, and
4.30144D.11, and methods to determine compliance with the training requirements.
4.31(b) The commissioner shall report the evaluation to the chairs of the health and
4.32human services committees of the legislature no later than February 15, 2015, along with
4.33any recommendations for legislative changes.
1.3requiring training on Alzheimer's disease for all long-term care facilities;
1.4amending Minnesota Statutes 2012, section 144D.065; proposing coding for new
1.5law in Minnesota Statutes, chapter 144D.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 144D.065, is amended to read:
1.8144D.065 TRAINING IN DEMENTIA CARE REQUIRED.
1.9(a) If a housing with services establishment registered under this chapter has a
1.10special program or special care unit for residents with Alzheimer's disease or other
1.11dementias or advertises, markets, or otherwise promotes the establishment as providing
1.12 services for persons with Alzheimer's disease or
1.13in a segregated or general unit,
1.14
1.15arranged home care provider must meet the following training requirements:
1.16(1) supervisors of direct-care staff must have at least eight hours of initial training on
1.17topics specified under paragraph (b) within 120 hours of the employment start date, and
1.18must have at least two hours of training on topics related to dementia care for each 12
1.19months of employment thereafter;
1.20(2) direct-care employees must have completed at least eight hours of initial training
1.21on topics specified under paragraph (b) within 160 hours of the employment start date.
1.22Until this initial training is complete, an employee must not provide direct care unless
1.23there is another employee on site who has completed the initial eight hours of training on
1.24topics related to dementia care and who can act as a resource and assist if issues arise. A
2.1trainer of the requirements under paragraph (b), or a supervisor meeting the requirements
2.2in clause (1) must be available for consultation with the new employee until the training
2.3requirement is complete. Direct-care employees must have at least two hours of training
2.4on topics related to dementia for each 12 months of employment thereafter;
2.5(3) staff who do not provide direct care, including maintenance, housekeeping and
2.6food service staff must have at least four hours of initial training on topics specified under
2.7paragraph (b) within 160 hours of the employment start date, and must have at least two
2.8hours of training on topics related to dementia care for each 12 months of employment
2.9thereafter; and
2.10(4) new employees may satisfy the initial training requirements by producing written
2.11proof of previously completed required training within the past 18 months.
2.12(b) Areas of required training include:
2.13(1) an explanation of Alzheimer's disease and related disorders;
2.14(2) assistance with activities of daily living;
2.15(3) problem solving with challenging behaviors; and
2.16(4) communication skills.
2.17(c) The establishment shall provide to consumers in written or electronic form a
2.18description of the training program, the categories of employees trained, the frequency
2.19of training, and the basic topics covered. This information satisfies the disclosure
2.20requirements of section
2.21(d) Housing with services establishments not included in paragraph (a) that provide
2.22assisted living services under chapter 144G must meet the following training requirements:
2.23(1) supervisors of direct-care staff must have at least four hours of initial training on
2.24topics specified under paragraph (b) within 120 hours of the employment start date, and
2.25must have at least two hours of training on topics related to dementia care for each 12
2.26months of employment thereafter;
2.27(2) direct-care employees must have completed at least four hours of initial training
2.28on topics specified under paragraph (b) within 160 hours of the employment start date.
2.29Until this initial training is complete, an employee must not provide direct care unless there
2.30is another employee on site who has completed the initial four hours of training on topics
2.31related to dementia care and who can act as a resource and assist if issues arise. A trainer
2.32of the requirements under paragraph (b), or supervisor meeting the requirements under
2.33paragraph (a), clause (1), must be available for consultation with the new employee until
2.34the training requirement is complete. Direct-care employees must have at least two hours
2.35of training on topics related to dementia for each 12 months of employment thereafter;
3.1(3) staff who do not provide direct care, including maintenance, housekeeping and
3.2food service staff must have at least four hours of initial training on topics specified under
3.3paragraph (b) within 160 hours of the employment start date, and must have at least two
3.4hours of training on topics related to dementia care for each 12 months of employment
3.5thereafter; and
3.6(4) new employees may satisfy the initial training requirements by producing written
3.7proof of previously completed required training within the past 18 months.
3.8EFFECTIVE DATE.This section is effective January 1, 2016.
3.9 Sec. 2. [144D.10] MANAGER REQUIREMENTS.
3.10(a) The person primarily responsible for oversight and management of a housing
3.11with services establishment, as designated by the owner of the housing with services
3.12establishment, must obtain at least 30 hours of continuing education every two years of
3.13employment as the manager in topics relevant to the operations of the housing with services
3.14establishment and the needs of its tenants. Continuing education earned to maintain a
3.15professional license, such as nursing home administrator license, nursing license, social
3.16worker license, and real estate license, can be used to complete this requirement.
3.17(b) For managers of establishments identified in section 325F.72, this continuing
3.18education must include at least eight hours of documented training on the topics identified
3.19in section 144D.065, subdivision 1, paragraph (b), within 160 hours of hire, and two hours
3.20of training on these topics for each 12 months of employment thereafter.
3.21(c) For managers of establishments not covered by section 325F.72, but who provide
3.22assisted living services under chapter 144G, this continuing education must include at
3.23least four hours of documented training on the topics identified in section 144D.065,
3.24subdivision 1, paragraph (b), within 160 hours of hire, and two hours of training on these
3.25topics for each 12 months of employment thereafter.
3.26(d) A statement verifying compliance with the continuing education requirement
3.27must be included in the housing with services establishment's annual registration to the
3.28commissioner of health. The establishment must maintain records for at least three years
3.29demonstrating that the person primarily responsible for oversight and management of the
3.30establishment has attended educational programs as required by this section.
3.31(e) New managers may satisfy the initial dementia training requirements by producing
3.32written proof of previously completed required training within the past 18 months.
3.33EFFECTIVE DATE.This section is effective January 1, 2016.
4.1 Sec. 3. [144D.11] EMERGENCY PLANNING.
4.2(a) Each registered housing with services establishment must meet the following
4.3requirements:
4.4(1) have a written emergency disaster plan that contains a plan for evacuation,
4.5addresses elements of sheltering in-place, identifies temporary relocation sites, and details
4.6staff assignments in the event of a disaster or an emergency;
4.7(2) post an emergency disaster plan prominently;
4.8(3) provide building emergency exit diagrams to all tenants upon signing a lease;
4.9(4) post emergency exit diagrams on each floor; and
4.10(5) have a written policy and procedure regarding missing tenants.
4.11(b) Each registered housing with services establishment must provide emergency
4.12and disaster training to all staff within 30 days of hire and annually thereafter and must
4.13make emergency and disaster training available to all tenants annually.
4.14(c) Each registered housing with services location must conduct and document a fire
4.15drill or other emergency drill at least every six months. To the extent possible, drills must
4.16be coordinated with local fire departments or other community emergency resources.
4.17EFFECTIVE DATE.This section is effective January 1, 2016.
4.18 Sec. 4. EVALUATION AND REPORTING REQUIREMENTS.
4.19(a) The commissioner of health shall consult with the Alzheimer's Association,
4.20Aging Services of Minnesota, Care Providers of Minnesota, the ombudsman for long term
4.21care, and other stakeholders to evaluate the following:
4.22(1) whether additional settings, provider types, licensed and unlicensed personnel, or
4.23health care services regulated by the commissioner should be required to comply with the
4.24training requirements in Minnesota Statutes, sections 144D.065, 144D.10, and 144D.11;
4.25(2) cost implications for the groups or individuals identified in clause (1) to comply
4.26with the training requirements;
4.27(3) dementia education options available;
4.28(4) existing dementia training mandates under federal and state statutes and rules; and
4.29(5) the enforceability of Minnesota Statutes, sections 144D.065, 144D.10, and
4.30144D.11, and methods to determine compliance with the training requirements.
4.31(b) The commissioner shall report the evaluation to the chairs of the health and
4.32human services committees of the legislature no later than February 15, 2015, along with
4.33any recommendations for legislative changes.
