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.
SUMMARY: 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.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The proposed rules will have an impact on small business as defined in Section 288.703, F.S. Pursuant to Section 120.54(3)(a)1., F.S., the department’s statement of estimated regulatory costs is provided. The amount is determined to be a one-time expense of up to a maximum of $5,000.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 429.52 FS.
LAW IMPLEMENTED: 429.52 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: April 16, 2009, 9:30 a.m. – 12:30 p.m. EST.
PLACE: Department of Elder Affairs, 4040 Esplanade Way, Conference Room 225 F, 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; 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 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; Email address: crochethj@elderaffairs.org
THE FULL TEXT OF THE PROPOSED RULE 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.
Rulemaking 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 Rule 58T-1.205, F.A.C.;
(b) Successful passage of the competency test; and
(c) Compliance with the minimum of 12 contact hours of continuing education in topics related to assisted living every 2 years pursuant to Section 429.52(4), F.S., and paragraph 58A-5.0191(1)(c), F.A.C.
(2) 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) A minimum of 5 years of 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; or
(b) A minimum of 5 years of employment in a professional position in the AHCA Assisted Living Unit; or
(c) A minimum of 5 years of employment as an educator or staff trainer for persons working in an ALF or other long-term care (LTC) settings; or
(d) A minimum of 5 years of employment as an assisted living facility core trainer, which was not directly associated with the department; or
(e) 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 a minimum of 3 years experience as an educator or staff trainer for persons working in an ALF or other LTC settings after core certification.
Rulemaking 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-001, 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/ALFCT001.
(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.
Rulemaking 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-002, Application for Assisted Living Facility (ALF) Core Training Provider Registration,______, 2009. 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/DOEAformALFCT002.
(2) APPROVAL PROCESS.
Within 30 calendar days after receiving a core training provider application, the approval authority must submit written notification approving or denying the application, or requesting supplemental information or clarification.
(a) If the application is approved, the approval authority must include a unique provider registration number in the notice.
(b) If the application is denied, the approval authority must provide the reason or reasons for denial in the notice.
(c) If the application is determined to require supplemental information or clarification, the approval authority must state the supplemental information or clarification that is being requested.
1. 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.
2. If the approval authority receives the requested information within 30 calendar days of the request, the approval authority must process the training provider application within 30 calendar days after all required information is received.
Rulemaking Authority 429.52 FS. Law Implemented 429.52 FS. History– New________.
58T-1.209 Process for Maintaining ALF Core Training Provider Registration.
(1) MAINTAINING ALF CORE TRAINING PROVIDER REGISTRATION.
(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 the documentation to the address referenced on DOEA Form ALFCT-001. It must be submitted no later than 30 calendar days after each two-year continuing education cycle. The 2-year cycle begins on the date of the initial 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 notify the provider in writing that the continuing education requirement:
1. Has been met; or
2. Has not been met and the reasons why; or
3. Has omissions or additional information is requested.
a. If the approval authority does not receive the omitted or additional information as requested 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, no later than 60 calendar days from the date of the original request.
b. If the approval authority receives the omitted or additional information as requested within the 30 calendar day time period, the approval authority must process the core training provider’s registration within 30 calendar days after all required information is received. The approval authority must provide written notification to the provider of its decision.
(b) Failure to submit proof of the continuing education requirement as specified in this rule shall result in cancellation of the core training provider’s registration. The approval authority must provide written notification of such action no later than 30 calendar days after the information was due.
(c) If the provider’s registration is cancelled under paragraphs (a) and (b) 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.
Rulemaking 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 is responsible for the following:
(a) Conducting core training using the minimum core training curriculum pursuant to Rule 58T-1.205, F.A.C.; and
(b) Ensuring that all changes in ALF statutes and rules are immediately incorporated into the contents of his or her core training curriculum.
(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 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 location; and
(f) Training evaluations and roster signed by trainees.
(4) COMPETENCY EXAM.
(a) Approved 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.
(b) The testing authority shall not process any requests for the competency exam, nor sit any individual for the exam, unless proper notice is submitted by an approved training provider pursuant to paragraph (a) of this subsection.
(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.
Rulemaking Authority 429.52 FS. Law Implemented 429.52 FS. History– New________.