January 27, 2021
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The Florida Statutes

The 2004 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES
View Entire Chapter
Section 400.452, Florida Statutes 2004

400.452  Staff training and educational programs; core educational requirement.--

1(1)  Administrators and other assisted living facility staff must meet minimum training and education requirements established by the Department of Elderly Affairs by rule. This training and education is intended to assist facilities to appropriately respond to the needs of residents, to maintain resident care and facility standards, and to meet licensure requirements.

1(2)  The department shall establish a competency test and a minimum required score to indicate successful completion of the training and educational requirements. The competency test must be developed by the department in conjunction with the agency and providers. The required training and education must cover at least the following topics:

(a)  State law and rules relating to assisted living facilities.

(b)  Resident rights and identifying and reporting abuse, neglect, and exploitation.

(c)  Special needs of elderly persons, persons with mental illness, and persons with developmental disabilities and how to meet those needs.

(d)  Nutrition and food service, including acceptable sanitation practices for preparing, storing, and serving food.

(e)  Medication management, recordkeeping, and proper techniques for assisting residents with self-administered medication.

(f)  Firesafety requirements, including fire evacuation drill procedures and other emergency procedures.

(g)  Care of persons with Alzheimer's disease and related disorders.

(3)  Effective January 1, 2004, a new facility administrator must complete the required training and education, including the competency test, within a reasonable time after being employed as an administrator, as determined by the department. Failure to do so is a violation of this part and subjects the violator to an administrative fine as prescribed in s. 400.419. Administrators licensed in accordance with chapter 468, part II, are exempt from this requirement. Other licensed professionals may be exempted, as determined by the department by rule.

(4)  Administrators are required to participate in continuing education for a minimum of 12 contact hours every 2 years.

(5)  Staff involved with the management of medications and assisting with the self-administration of medications under s. 400.4256 must complete a minimum of 4 additional hours of training provided by a registered nurse, licensed pharmacist, or department staff. The department shall establish by rule the minimum requirements of this additional training.

(6)  Other facility staff shall participate in training relevant to their job duties as specified by rule of the department.

(7)  If the department or the agency determines that there are problems in a facility that could be reduced through specific staff training or education beyond that already required under this section, the department or the agency may require, and provide, or cause to be provided, the training or education of any personal care staff in the facility.

(8)  The department shall adopt rules related to these training requirements, the competency test, necessary procedures, and competency test fees.

History.--ss. 12, 34, ch. 80-198; s. 2, ch. 81-318; ss. 60, 75, 79, 83, ch. 83-181; s. 53, ch. 83-218; s. 3, ch. 85-251; s. 21, ch. 89-294; s. 27, ch. 91-263; ss. 33, 38, 39, ch. 93-216; s. 19, ch. 95-210; ss. 15, 26, 53, ch. 95-418; s. 16, ch. 97-82; s. 29, ch. 97-100; s. 19, ch. 98-80; s. 25, ch. 2003-57; s. 3, ch. 2003-405.

1Note.--As amended by s. 3, ch. 2003-405, passed in Special Session A, 2003. This material was also amended by s. 25, ch. 2003-57, passed in the 2003 Regular Session. As amended by s. 25, ch. 2003-57, subsection (1) and the introductory paragraph of subsection (2) read:

(1)  The department shall ensure that the administrators and other assisted living facility staff have met training and education requirements that enable them to appropriately respond to the needs of residents, to maintain resident care and facility standards, and to meet licensure requirements.

(2)  The department shall establish a core educational requirement. Successful completion of the core educational requirement must include successful completion of a competency test. The core educational requirement must cover at least the following topics:

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