Fla. Stat. § 430.5025 — Florida Code / Title XXX / Chapter 430 / Section 430.5025
430.5025 Alzheimer’s disease and related forms of dementia; education and training.
Status: in_force

(1) This section may be cited as the “Alzheimer’s Disease and Related Forms of Dementia Education and Training Act.”

(2) As used in this section, the term: (a) “Covered provider” means a nursing home, a home health agency, a nurse registry, a companion or homemaker service provider, a health care services pool, an assisted living facility, an adult family-care home, or an adult day care center licensed or registered under chapter 400 or chapter 429. (b) “Department” means the Department of Elderly Affairs. (c) “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 a licensed facility, including grounds maintenance, building maintenance, housekeeping, laundry, or food preparation. (d) “Employee” means a person, contracted staff, or an independent contractor employed or referred by a covered provider who is required to undergo a level 2 background screening under s. 408.809 and chapter 435. (e) “Regular contact” means the performance of duties other than personal care that may require employees to interact in person on a daily basis with participants, patients, or residents.

(3) The department shall offer to the general public education about Alzheimer’s disease and related forms of dementia. Such 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.

(4) Employees of covered providers must complete the following training for Alzheimer’s disease and related forms of dementia: (a) Upon beginning employment, each employee must receive basic written information about interacting with persons who have Alzheimer’s disease or related forms of dementia. (b) Within 30 days after beginning employment, each employee who provides personal care to or has regular contact with participants, patients, or residents must complete a 1-hour training program provided by the department. 1. The department shall provide training that is available online at no cost. The 1-hour training program shall contain information on 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 Alzheimer’s disease or related forms of dementia. A record of the completion of the training program must be made available to the covered provider which identifies the training curricula, the name of the employee, and the date of completion. 2. A covered provider must maintain a record of the employee’s completion of the training program and, upon written request of the employee, provide the employee with a copy of the record of completion consistent with the employer’s written policies. 3. An employee who has completed the training required in this subsection is not required to repeat the program upon changing employment to a different covered provider. (c) Within 7 months after beginning employment for a home health agency, nurse registry, or companion or homemaker service provider, each employee who provides personal care must complete 2 hours of training in addition to the training required in paragraphs (a) and (b). The additional training must include, but is not limited to, behavior management, promoting the person’s independence in activities of daily living, and skills in working with families and caregivers. (d) Within 7 months after beginning employment for a nursing home, an assisted living facility, an adult family-care home, or an adult day care center, each employee who provides personal care must complete 3 hours of training in addition to the training required in paragraphs (a) and (b). The additional training must include, but is not limited to, behavior management, promoting the person’s independence in activities of daily living, skills in working with families and caregivers, group and individual activities, maintaining an appropriate environment, and ethical issues. (e) For an assisted living facility, adult family-care home, or adult day care center that advertises and provides, or is designated to provide, specialized care for persons with Alzheimer’s disease or related forms of dementia, in addition to the training specified in paragraphs (a) and (b), employees must receive the following training: 1. Within 3 months after beginning employment, each employee who provides personal care to or has regular contact with the residents or participants must complete the additional 3 hours of training as provided in paragraph (d). 2. Within 6 months after beginning employment, each employee who provides personal care must complete an additional 4 hours of dementia-specific training. Such training must include, but is not limited to, understanding Alzheimer’s disease and related forms of dementia, the stages of Alzheimer’s disease, communication strategies, medical information, and stress management. 3. Thereafter, each employee who provides personal care must participate in at least 4 hours of continuing education each calendar year through contact hours, on-the-job training, or electronic learning technology. For this subparagraph, the term “on-the-job training” means 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 Alzheimer’s disease or a related form of dementia. The continuing education must cover at least one of the topics included in the dementia-specific training in which the employee has not received previous training in the previous calendar year. The continuing education may be fulfilled and documented in a minimum of one quarter-hour increments through on-the-job training of the employee by a facility administrator or his or her designee or by an electronic learning technology chosen by the facility administrator. On-the-job training may not account for more than 2 hours of continuing education each calendar year. (f)1. An employee provided, assigned, or referred by a health care services pool must complete the training required in paragraph (c), paragraph (d), or paragraph (e) that is applicable to the covered provider and the position in which the employee will be working. The documentation verifying the completed training and continuing education of the employee, if applicable, must be provided to the covered provider upon request. 2. A health care services pool must verify and maintain documentation as required under s. 400.980(5) before providing, assigning, or referring an employee to a covered provider.

(5) The department may establish training curricula guidelines for the training required in paragraphs (4)(c), (d), and (e). The department may approve training providers and training curricula and maintain a list of approved providers. Approved training may be offered in a variety of formats, including, but not limited to, in person, electronically, or on-the-job by a facility administrator or his or her designee. Continuing education under this section does not require the adoption of training curricula guidelines by the department or approval of the training provider and curricula by the department. The department may develop or provide continuing education training or curricula as an option for covered providers and employees. (a) A training provider meeting one of the following qualifications may offer training in compliance with the training curricula guidelines without prior approval of the department: 1. A person approved by an applicable board or the Department of Health to provide training who is registered with the electronic continuing education tracking system under s. 456.025; or 2. A training provider approved by the department or its designee before July 1, 2023. (b) Training providers qualified under subparagraph (a)1. must also have: 1. At least 1 year of teaching experience as an educator for caregivers of persons with Alzheimer’s disease or related forms of dementia; 2. At least 1 year of practical experience in a program providing care to persons with Alzheimer’s disease or related forms of dementia; or 3. Completed a specialized training program in the subject matter of Alzheimer’s disease and related forms of dementia from an accredited health care, human services, or gerontology education provider. (c) Upon an employee’s completion of the training specified in paragraphs (4)(c), (d), and (e), the training provider must provide a record of the completion of the training that includes the name of the employee, the name of the training provider, the topics covered, and the date of completion. The training record is evidence of completion of training in the identified topic, and the employee is not required to repeat training in that topic if the employee changes employment to a different covered provider. (d) Any Alzheimer’s disease and related forms of dementia training curriculum approved by the department or its designee before July 1, 2023, shall remain in effect until the curriculum’s expiration date.

(6) The department may adopt rules to create training curricula guidelines and establish requirements for the approval of other qualified training providers and a process for conducting a sampling of training or training curriculum as necessary to monitor for compliance with curricula guidelines.

(7) For a certified nursing assistant as defined in s. 464.201, training hours completed as required under this section may count toward the total hours of training required to maintain certification as a nursing assistant.

(8) For a health care practitioner as defined in s. 456.001, training hours completed as required under this section may count toward the total hours of continuing education required by that practitioner’s licensing board.

(9) Each person employed, contracted, or referred to provide services before July 1, 2023, must complete the training required in this section before July 1, 2026. Proof of completion of equivalent training completed before July 1, 2023, shall substitute for the training required in subsection (4). Each person employed, contracted, or referred to provide services on or after July 1, 2023, may complete training using approved curriculum under paragraph (5)(d) until the effective date of the rules adopted by the department under subsection (6).

History: s. 1, ch. 2023-278.