58A-5.0191: Staff Training Requirements and Competency Test
58A-5.0192: Core Training Provider Requirements
58A-5.0193: Core Training Minimum Curriculum
PURPOSE AND EFFECT: The purpose of the proposed rule amendment and the addition of two new rules is to comply with Section 429.52, F.S. The statute requires the department to “adopt or contract with another entity to develop a curriculum, which shall be used as the minimum core training requirements”; requires the department to “adopt rules to establish trainer registration requirements”; and authorizes the department to develop provider qualification criteria in addition to those included in Sections 429.52(10)(a) through (c), F.S.
SUBJECT AREA TO BE ADDRESSED: The adoption of a curriculum to be used as the minimum core training requirements; trainer registration requirements; and provider qualifications in addition to those included in Sections 429.52(10)(a) through (c), F.S.
SPECIFIC AUTHORITY: 429.52 FS.
LAW IMPLEMENTED: 429.52 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 25, 2007, 1:00 p.m. – 5:00 p.m.
PLACE: Department of Elder Affairs, 4040 Esplanade Way, Conference Room 225F, Tallahassee, Florida 32399-7000
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 72 hours before the workshop/meeting by contacting: Jim Crochet, Department of Elder Affairs, 4040 Esplanade Way, Suite 315, Tallahassee, Florida 32399-7000; Telephone number: (850)414-2000; SunCom 994-2000; Email address: crochethj@elderaffairs.org. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jim Crochet, Department of Elder Affairs, 4040 Esplanade Way, Suite 315, Tallahassee, Florida 32399-7000; Telephone number: (850)414-2000; SunCom 994-2000; Email address: crochethj@elderaffairs.org.
COPIES OF THE RULES AND FORMS INCORPORATED BY REFERENCE MAY BE OBTAINED FROM THE DEPARTMENT'S WEB SITE AT http://elderaffairs.state.fl.us UNDER THE HEADING “DOEA RULEMAKING, ALF.”
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
58A-5.0191 Staff Training Requirements and Competency Test.
(1) ASSISTED LIVING FACILITY CORE TRAINING REQUIREMENTS AND COMPETENCY TEST.
(a) The assisted living facility core training requirements established by the department pursuant to Section 429.52, F.S., shall consist of a minimum of 26 hours of training plus a competency test.
(b) through (e) No change.
(2) through (10) No change.
(11) TRAINING DOCUMENTATION AND MONITORING.
(a) Except as otherwise noted, certificates of any training required by this rule must shall be documented in the facility’s personnel files. The which documentation must shall include the subject matter of the training program;, the trainee’s name;, the date of attendance;, the training provider’s name, signature and credentials;, professional license number, if applicable;, and the number of hours of training.
(b) Upon successful completion of training pursuant to this rule, the training provider must issue a certificate to the trainee shall be issued a certificate by the training provider as specified in this rule.
(c) The facility must provide the Department of Elder Affairs and the Agency for Health Care Administration with any requested training documentation and training certificates for review. The department and agency reserve the right to attend and monitor all facility training sessions.
Specific Authority 429.07, 429.178, 429.41, 429.52 FS. Law Implemented 429.07, 429.075, 429.178, 429.41, 429.52 FS. History– New 9-30-92, Formerly 10A-5.0191, Amended 10-30-95, 6-2-96, 4-20-98, 11-2-98, 10-17-99, 7-5-05, 7-30-06, 10-9-06,_______.
58A-5.0192 Core Training Provider Requirements.
(1) CORE TRAINING PROVIDER QUALIFICATIONS. In order to be certified as an assisted living facility core training provider (hereafter referred to as “core training provider,” “training provider,” or “provider), an applicant must meet the requirements outlined in Section 429.52(9), F.S. In addition, an applicant must meet at least one of the requirements outlined in Section 429.52(10), F.S., or one of the requirements established in this subsection:
(a) Have been employed by the Agency for Health Care Administration (AHCA) as a surveyor of assisted living facilities for a minimum of two (2) years; or
(b) Have been employed as a surveyor of assisted living facilities in another state for a minimum of three (3) years; or
(c) Have been employed in a professional position for a minimum of two (2) years in the AHCA Central Office Assisted Living Unit, the Department of Elder Affairs Elder Housing Unit, or the Office of the State Long-Term Care Ombudsman.
(2) INITIAL CORE TRAINING PROVIDER REGISTRATION.
Before an applicant can provide core training, he or she must meet the training provider qualifications outlined in subsection (1) of this rule and register with the department according to this subsection.
(a) An applicant must complete DOEA Form ALFCT-001, Application for Assisted Living Facility (ALF) Core Training Provider Certification, Date, 2007. The form is hereby incorporated by reference and may be obtained from the Department of Elder Affairs, Elder Housing Unit,
(b) Within 30 calendar days after receiving the core training provider application, the approval authority must notify the applicant in writing of any omissions or apparent errors and request specific information needed. If the approval authority does not receive the requested information within 90 calendar days of the request, the application will be deemed incomplete and closed.
(c) The approval authority shall process training provider applications within 90 calendar days after all required information is received.
1. If the application is approved, the approval authority must provide written notification of its decision and include a unique provider number.
2. If the application is denied, the approval authority must provide written notification of its decision stating the reason or reasons for denial.
(3) MAINTAINING CORE TRAINING PROVIDER CERTIFICATION.
After receiving the initial core training provider certification, the provider must submit proof of his or her compliance with continuing education requirements as specified in Section 429.52(4), F.S.
(a) The provider must submit documentation to the approval authority at the addressed referenced on DOEA Form ALFCT-001 no later than thirty (30) calendar days after each two year continuing education cycle following the date of his or her initial core training provider certification referenced in subsection (2) of this rule. Documentation must include the:
1. Subject matter of the training program;
2. Training program agenda including topics discussed;
2. Trainee’s name;
3. Date(s) of attendance;
4. Number of hours of the training program; and
5. Training provider’s name, signature, credentials, and professional license number, if applicable.
(b) Within thirty (30) calendar days after receiving the continuing education documentation, the approval authority must notify the provider in writing of any omissions and request information needed. If the approval authority does not receive the requested information within ninety (90) calendar days of the omissions request, the provider’s certification shall be revoked. The approval authority must provide written notification of its decision, including the reason for the revocation.
(c) The approval authority must process the continuing education documentation within 90 calendar days after all required information is received.
(d) If the continuing education hours are approved, the approval authority must provide written notification of its decision.
(e) Failure to submit proof of continuing education requirements within thirty (30) calendar days after each two year continuing education cycle shall result in revocation of the core training provider’s certification. The approval authority must provide written notification of its decision, including the reason for the revocation.
(f) If continuing education hours submitted were obtained in topics not related to assisted living facilities, the provider’s certification will be revoked. The approval authority must provide written notification of its decision, including the reason for the revocation.
(g) If the provider’s certification is revoked under paragraphs (b), (e), and (f) of this subsection and the provider subsequently meets the continuing education requirements, the provider may re-apply for certification as specified in subsection (2) of this rule, and provide documentation that the continuing education requirements have been met.
(4) APPROVED CORE TRAINING PROVIDER RESPONSIBILITIES.
After a trainee successfully completes core training, the approved training provider shall issue a certificate to the trainee. The provider’s signature shall serve as documentation that the trainee has completed the required training. The certificate shall include the following information:
(a) The title of the course;
(b) The number of hours of training;
(c) The trainees name, dates of attendance, and location of training; and
(d) The provider’s name, provider approval number, and dated signature.
Specific Authority 429.52 FS. Law Implemented 429.52 FS. History– New_______.
58A-5.0193 Core Training Minimum Curriculum.
(1) CORE TRAINING MINIMUM CURRICULUM REQUIREMENTS. An approved core training provider must conduct core training using the curriculum outlined in DOEA Form ALFCT-002, Assisted Living Facility Minimum Core Training Curriculum, Date, 2007, which is incorporated by reference in this rule. The curriculum is available from the Department of Elder Affairs, Elder Housing Unit,
(2) MONITORING. The approval authority reserves the right to:
(a) Attend and monitor core training courses;
(b) Review provider records and course materials pursuant to this rule; and
(c) Revoke approval of the training provider certification if the provider does not adhere to the approved curriculum, or knowingly disseminates any false or misleading information
Specific Authority 429.52 FS. Law Implemented 429.52 FS. History– New________.