KRS § 216.9375 — KY Code / Title XVIII / Chapter 216 / Section 216.9375
216.9375 Minimum training requirements for direct-care staff serving individuals with Alzheimer's or other dementias -- Certificates of completion -- Penalties
Status: in_force

216.9375 Minimum training requirements for direct-care staff serving individuals

with Alzheimer's or other dementias -- Certificates of completion -- Penalties.

(1) The purpose of this section is to set minimum training requirements for direct-care

staff members that are employed by facilities or programs regulated by the cabinet

that provide services to individuals who exhibit symptoms of Alzheimer’s disease

or other dementias in the populations they serve.

(2) Direct-care staff members shall, prior to providing care to recipients who exhibit

symptoms of Alzheimer’s disease or other dementias, complete cabinet-approved

training in dementia care that includes a curriculum that is:

(a) Culturally competent for staff and care recipients; and

(b) Person-centered, including thorough knowledge of the recipient and the

recipient's abilities and care needs, advancement of optimal functioning and a

high quality of life, use of problem-solving approaches to care, and techniques

that ensure and preserve the recipient's respect, values, choice, and dignity.

(3) Facilities or programs shall ensure that all direct-care staff members who provide

care to recipients who exhibit symptoms of Alzheimer’s disease or other dementias

have completed the training required in subsection (2) of this section, received at

least six (6) hours of cabinet-approved training within the first sixty (60) days of

employment and a minimum of three (3) additional hours of cabinet-approved

training annually. The content of this annual training shall address the most current

information on best practices in the treatment and care of persons who exhibit

symptoms of Alzheimer’s disease or other dementias. The training curriculum shall

include but not be limited to the following topics:

(a) Alzheimer’s disease or other dementias;

(b) Person-centered care;

(c) Assessment and care planning;

(d) Activities of daily living; and

(e) Dementia-related behaviors and communications.

(4) Facilities or programs shall provide certificates of completion of cabinet-approved

trainings to direct-care staff members who successfully complete the required

courses. Successful completion is determined by attendance for the entire course

and achievement of a passing grade on the post-evaluation measures. The

certificates of completion shall be portable among employment settings within the

state.

(5) Facilities or programs shall be responsible for maintaining documentation of

completed training courses for each direct-care staff member who provides care to

recipients who exhibit symptoms of Alzheimer’s disease or other dementias.

(6) Direct-care staff members who have a lapse of twenty-four (24) months or more

providing home health aide services to recipients who exhibit symptoms of

Alzheimer’s disease or other dementias shall be required to complete the six (6)

hours of initial dementia care training within sixty (60) days of providing care to

recipients who exhibit symptoms of Alzheimer’s disease or other dementias as

required by subsection (3) of this section.

(7) Facilities or programs may submit any training curriculums currently in use to the

cabinet for approval.

(8) Advertising, marketing, or verbally offering to provide care for a recipient who

exhibits symptoms of Alzheimer’s disease or other dementias that is not in

compliance with the requirements set forth in this section is prohibited.

(9) Any facility or program licensed, certified, or regulated by the cabinet that

knowingly holds itself out as a provider to a recipient who exhibits symptoms of

Alzheimer’s disease or other dementias and fails to comply with this section is

deemed to have violated this section and shall be fined an amount not to exceed five

hundred dollars ($500) for each day it is in violation of this section.

(10) Any individual or entity, not a facility or program or not operated by the federal

government or any agency thereof, that knowingly holds himself, herself, or itself

out as a provider of care to a recipient who exhibits symptoms of Alzheimer’s

disease or other dementias and fails to comply with this section is deemed to have

violated this section and shall be fined an amount not to exceed five hundred dollars

($500) for each day it is in violation of this section.

(11) The cabinet shall within ninety (90) days of June 29, 2021:

(a) Promulgate administrative regulations to implement, monitor, and enforce

compliance with the training requirements of this section;

(b) Identify, designate, and approve standardized curriculums, including online

training programs, that will satisfy the requirements of this section; and

(c) Ensure that the cabinet-approved training programs, both online and in

classroom, reflect current standards and best practices in the care and

treatment of persons who exhibit symptoms of Alzheimer’s disease or other

dementias.