Notice of Development of Rulemaking

DEPARTMENT OF ELDER AFFAIRS
Training Requiring Provider and Curriculum Approvals
RULE NO: RULE TITLE
58T-1.201: Purpose of Assisted Living Facility (ALF) Core Training Provider and Curriculum Approvals.
58T-1.203: ALF Core Training Provider Qualifications.
58T-1.205: ALF Minimum Core Training Curriculum Requirements.
58T-1.207: ALF Core Training Provider Initial Registration Process.
58T-1.209: Process for Maintaining ALF Core Training Provider Registration.
58T-1.211: Registered ALF Core Training Provider Responsibilities.
PURPOSE AND EFFECT: The purpose of these 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; 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: October 15, 2008, 9:00 a.m. – 1:00 p.m. EST.
PLACE: Department of Elder Affairs, 4040 Esplanade Way, Conference Room 301, 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, Office of the General Counsel, 4040 Esplanade Way, Suite 315, Tallahassee, Florida 32399-7000; telephone number: (850)414-2000; E-mail 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, Office of the General Counsel, 4040 Esplanade Way, Suite 315, Tallahassee, Florida 32399-7000; Telephone number: (850)414-2000; E-mail address: crochethj@elderaffairs.org

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

58T-1.201 Purpose of Assisted Living Facility (ALF) Core Training Provider and Curriculum Approvals.

The purpose of Rules 58T-1.203 through 58T-1.211, F.A.C., is to comply with the ALF core training provider and curriculum requirements as specified in Section 429.52, F.S.

Specific Authority 429.52 FS. Law Implemented 429.52 FS. History– New________.

 

58T-1.203 ALF Core Training Provider Qualifications.

(1) PRIMARY REQUIREMENTS. In order to register as an assisted living facility core training provider (hereafter referred to as “core training provider,” “training provider,” or “provider”), all applicants must meet the requirements outlined in Section 429.52(9), F.S., which include proof of the following:

(a) Completion of the minimum core training requirements developed by the department pursuant to Section 429.52(8), F.S., and subsection 58T-1.205(1), F.A.C.;

(b) Successful passage of the competency test; and

(c) Compliance with the minimum of 12 contact hours of continuing education every 2 years pursuant to Section 429.52(4), F.S.

(2) OBTAINING THE MINIMUM CORE TRAINING CURRICULUM REQUIREMENT.

(a) In order for an initial group of applicants to provide proof of meeting the requirement outlined in paragraph (1)(a) of this rule, the department or its designee will conduct training sessions in the ALF minimum core training curriculum for a period not to exceed 6 months after the effective date of this rule. The department will issue certificates of completion to those individuals who attend the training.

(b) After the initial training referenced in paragraph (a) of this subsection, additional applicants must provide proof of the requirement outlined in paragraph (1)(a) of this rule by presenting to the approval authority a certificate of having successfully completed core training conducted by an individual who had attended training referenced in paragraph (a) of this subsection;

(3) ADDITIONAL REQUIREMENT. In addition to meeting the 3 primary requirements set forth in subsection (1) of this rule, applicants must meet one of the requirements outlined in Section 429.52(10), F.S., or one of the requirements established in this subsection, which include the following:

(a) Employment with the Agency for Health Care Administration (AHCA), or formerly the Department of Health and Rehabilitative Services, as a surveyor of assisted living facilities for a minimum of 5 years; or

(b) Employment with the AHCA Assisted Living Unit in a professional position for a minimum of 5 years; or

(c) Employment as an educator or staff trainer for persons working in assisted living facilities or other long-term care settings for a minimum of 5 years; or

(d) Employment as an assisted living facility core trainer, which was not directly associated with the department pursuant to Section 429.52(10)(c), for a minimum of 5 years; or

(e) Achievement of a minimum of a 4-year degree from an accredited college or university in areas of healthcare, gerontology, social work, education or human services, and experience as an educator or staff trainer for persons working in assisted living facilities or other long-term care settings for a minimum of 3 years.

Specific Authority 429.52 FS. Law Implemented 429.52 FS. History– New________.

 

58T-1.205 ALF Minimum Core Training Curriculum Requirements.

(1) 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, _______, 2009, which is incorporated by reference in this rule The curriculum is available from the Department of Elder Affairs, Elder Housing Unit, 4040 Esplanade Way, Tallahassee, Florida 32399-7000 or the department’s Web site at: http://elderaffairs.state.fl.us/english/forms/ALFCT002.

(2) MONITORING. The department or its designee (hereafter referred to as “approval authority”) reserves the right to do the following:

(a) Attend and monitor core training courses;

(b) Review provider records and course materials pursuant to this rule; and

(c) Conduct on-site monitoring, follow-up monitoring, and require implementation of a corrective action plan if the provider does not adhere to the approved curriculum.

Specific Authority 429.52 FS. Law Implemented 429.52 FS. History– New________.

 

58T-1.207 ALF Core Training Provider Initial Registration Process.

(1) REGISTRATION PROCESS.

(a) Before core training can be conducted, an applicant must meet the training provider qualifications outlined in Section 429.52(9), F.S., and Rule 58T-1.203, F.A.C. Additionally, an applicant must register with and obtain from the approval authority a unique provider registration number as set forth in this subsection.

(b) An applicant must complete DOEA Form ALFCT-001, Application for Assisted Living Facility (ALF) Core Training Provider Registration,______, 2008. The form is hereby incorporated by reference and may be obtained from the Department of Elder Affairs, Elder Housing Unit, 4040 Esplanade Way, Tallahassee, Florida 32399-7000 or the department’s Web site at: http://elderaffairs.state.fl.us/english/forms/DOEAformALFCT001.

(2) APPROVAL PROCESS.

(a) Within 30 calendar days after receiving a core training provider application, the approval authority must submit written notification approving, denying or requesting supplemental information or clarification. In the latter situation, if the approval authority does not receive the requested information within 30 calendar days of the request, the application will be deemed incomplete and closed.

(b) The approval authority must process the training provider application within 30 calendar days after all required information is received.

(c) If the application is approved, the approval authority must provide written notification of its decision and include a unique provider registration number.

(d) If the application is denied, the approval authority must provide written notification of its decision stating the reason or reasons for denial.

Specific Authority 429.52 FS. Law Implemented 429.52 FS. History– New________.

 

58T-1.209 Process for Maintaining ALF Core Training Provider Registration.

(1) RE-REGISTRATION PROCESS.

(a) After receiving the initial core training provider registration, the approved provider must re-register with the approval authority every 2 years by submitting documentation of his or her compliance with the continuing education requirement as specified in Section 429.52(4), F.S., and this rule.

(b) The provider must submit documentation to the approval authority at the address referenced on DOEA Form ALFCT-001. The documentation must be submitted no later than thirty (30) calendar days after each two year continuing education cycle following the date of the initial core training provider registration. Documentation must include the following:

1. Title of the training program;

2. Subject matter of the training program;

3. The training program agenda including topics discussed;

4. The core training provider’s name and registration number;

5. Date(s) of participation;

6. Number of hours of the training program; and

7. The continuing education training provider’s name, signature, credentials, and professional license number, if applicable.

(2) APPROVAL AUTHORITY PROCESS.

(a) Within 30 calendar days after receiving the required continuing education documentation, the approval authority must do the following:

1. Notify the provider in writing that the continuing education requirement has been met; or

2. Notify the provider in writing of any omissions and request additional information needed. If the approval authority does not receive the requested information within 30 calendar days of the request, the provider’s registration shall be cancelled. The approval authority must provide written notification of its decision, including the reason for the cancellation.

(b) The approval authority must process the core training provider’s re-registration within 30 calendar days after all required information is received.

(c) Failure to submit proof of the continuing education requirement as specified shall result in cancellation of the core training provider’s registration. The approval authority must provide written notification of its decision, including the reason for the cancellation.

(d) If the provider’s registration is cancelled under paragraphs (a) and (c) of this subsection and the provider subsequently meets the continuing education requirement, he or she may re-apply for registration as specified in Rule 58T-1.207, F.A.C., and include documentation that the continuing education requirement has been met pursuant to this rule.

Specific Authority 429.52 FS. Law Implemented 429.52 FS. History– New________.

 

58T-1.211 Registered ALF Core Training Provider Responsibilities.

The following are the responsibilities of a registered core training provider:

(1) USE OF MINIMUM CORE TRAINING CURRICULUM. A registered core training provider must conduct core training using the minimum core training curriculum pursuant to Rule 58T-1.205, F.A.C.

(2) CERTIFICATES. After a trainee successfully completes core training, the approved training provider must issue a certificate to him or her. In addition to the provider’s unique registration number, the certificate must include the information referenced in subparagraphs 1. through 6. of paragraph 58A-5.0191(11)(a), F.A.C. The provider’s signature and registration number shall serve as documentation that the trainee has completed the required training.

(3) RECORDS. Approved providers must maintain records of each course taught for a minimum of 5 years. Course records must include the following information:

(a) The title of the training program;

(b) The agenda;

(c) The curriculum and any accompanying documentation and training aids;

(d) The training provider’s name and registration number;

(e) The trainees’ names, dates of participation and training site; and

(f) Training evaluations and roster signed by trainees.

(4) COMPETENCY EXAM. Training providers must submit the names of trainees completing core training to the testing authority within 10 calendar days after completion of the course. Names must be submitted to the following address: ALF Certification Testing, University of South Florida, 4202 E. Fowler Avenue, DAO199, Tampa, Florida 33620-8360. Names may be alternately submitted via e-mail to ALF@iirp.usf.edu.

(5) GUEST SPEAKERS. If a core training provider uses guest trainers to teach or participate in specific training modules covered in the minimum core training curriculum referenced in Rule 58T-1.205, F.A.C., the core trainer is responsible to ensure that the guest speaker meets the following minimum conditions:

(a) Has expertise in the specific subject matter; and

(b) Covers all components of the subject matter if he or she provides the module or portion of the module instruction.

Specific Authority 429.52 FS. Law Implemented 429.52 FS. History– New________.