Bill Text: NY S06279 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 6279 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relates to the adult care facilities training program; requires a minimum of 40 hours of training for direct care staff.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2012-01-30 - PRINT NUMBER 6279A [S06279 Detail]

Download: New_York-2011-S06279-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6279
                                   I N  S E N A T E
                                   January 19, 2012
                                      ___________
       Introduced  by  Sens.  GRISANTI,  MONTGOMERY  --  read twice and ordered
         printed, and when printed to be committed to the Committee on Health
       AN ACT to amend the social services law, in relation to the  adult  care
         facilities training program
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 461-p of the social services law, as added by chap-
    2  ter 462 of the laws of 1996, is amended to read as follows:
    3    S 461-p. Adult care facilities DIRECT CARE STAFF training program.  1.
    4  The  department [may] SHALL, within the amounts as appropriated for such
    5  purpose, establish an adult care facility  DIRECT  CARE  STAFF  training
    6  program  [that  shall  assist  in  the development of training materials
    7  and/or the provision of staff training activities.  In  developing  such
    8  training  program,  the  department  shall  determine the feasibility of
    9  providing such training on a statewide basis] TO BE REQUIRED FOR  DIRECT
   10  CARE  STAFF  IN  ADULT CARE FACILITIES. The department may contract with
   11  [organizations representing adult care facilities] APPROPRIATE  ENTITIES
   12  to  provide  such  training.  [Such contracts shall require that funding
   13  made available through this program shall be used to enhance the  skills
   14  of staff of adult care facilities and may include, but not be limited to
   15  training activities regarding medication management, safety and security
   16  procedures,  rights  of residents, behavioral management techniques, and
   17  any other training initiatives identified by the department.]
   18    2. THE DEPARTMENT SHALL ESTABLISH A WORKGROUP, COMPOSED OF INDIVIDUALS
   19  WITH RELEVANT EXPERTISE IN THE FIELD OF ADULT CARE,  CONSUMER  REPRESEN-
   20  TATIVES,  WORKER  REPRESENTATIVES, AND PROVIDERS, TO DEVELOP A STANDARD,
   21  UNIFORM CURRICULUM TO BE MANDATED IN TRAINING DIRECT CARE STAFF IN ADULT
   22  CARE FACILITIES. THE WORKGROUP SHALL IDENTIFY BEST PRACTICES  IN  DIRECT
   23  CARE AND DEVELOP A CURRICULUM FOR DIRECT CARE STAFF BASED ON THESE PRAC-
   24  TICES.  THE CURRICULUM SHALL PROMOTE THE VALUES OF RESIDENT AUTONOMY AND
   25  DIGNITY.
   26    3. THE CURRICULUM SHALL INCLUDE THE FOLLOWING COMPONENTS:
   27    (A) AT LEAST FORTY TOTAL HOURS OF INSTRUCTION, DIVIDED BETWEEN  CLASS-
   28  ROOM AND HANDS-ON LEARNING;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13776-01-2
       S. 6279                             2
    1    (B) AT LEAST EIGHT HOURS OF TRAINING, INCLUDING AT LEAST FOUR HOURS OF
    2  HANDS-ON  TRAINING, DEVOTED TO MEDICATION MANAGEMENT AND ADMINISTRATION,
    3  WITH EMPHASIS ON HOW TO SAFELY  AND  LEGALLY  ASSIST  RESIDENTS  WITHOUT
    4  VIOLATING RESTRICTIONS ON SCOPE OF PRACTICE; AND
    5    (C) ANY FURTHER INSTRUCTION DEEMED NECESSARY BY THE COMMISSIONER.
    6    NOTHING  IN  THIS  SECTION  SHALL  BE CONSTRUED TO PROHIBIT CURRICULAR
    7  REQUIREMENTS THAT EXCEED THE CURRICULAR REQUIREMENTS DESCRIBED IN  PARA-
    8  GRAPHS (A) AND (B) OF THIS SUBDIVISION.
    9    4.  (A)  COMPLETING  THE TRAINING CURRICULUM AND PASSING A WRITTEN AND
   10  PRACTICAL EXAM SHALL BE A REQUIREMENT FOR EMPLOYMENT AS FULL-TIME DIRECT
   11  CARE STAFF IN ANY ADULT CARE FACILITY.
   12    (B) TRAINING SHALL COMMENCE AS SOON AS AN INDIVIDUAL IS  HIRED  FOR  A
   13  DIRECT  CARE POSITION. INDIVIDUALS SHALL BE EXEMPT FROM THIS REQUIREMENT
   14  IF THEY HAVE COMPLETED A TRAINING PROGRAM AT ANOTHER ADULT CARE FACILITY
   15  WITHIN THE PRIOR THREE YEARS.
   16    (C) THE INDIVIDUAL CONDUCTING THE TRAINING SHALL,  AT  A  MINIMUM,  BE
   17  CERTIFIED  AS  A  LICENSED PRACTICAL NURSE. THE INDIVIDUAL SHALL POSSESS
   18  TRAINING AND EXPERIENCE IN ADULT EDUCATION. IF  THE  FACILITY  DOES  NOT
   19  HAVE A QUALIFIED INSTRUCTOR ON STAFF, THE FACILITY WILL CONTRACT WITH AN
   20  OUTSIDE SOURCE.
   21    (D)  STAFF  SHALL  NOT PERFORM ANY DIRECT CARE SERVICES WITHOUT SUPER-
   22  VISION UNTIL COMPLETION OF THE RELEVANT SECTION OF THE TRAINING  CURRIC-
   23  ULUM.
   24    S 2. This act shall take effect on the one hundred eightieth day after
   25  it shall have become a law, provided that any rules and regulations, and
   26  any  other  actions necessary to implement the provisions of this act on
   27  its effective date are authorized and directed to  be  completed  on  or
   28  before such date.