SB 1132 — Personal Care Attendants

Florida Senate - 2021 CS for CS for SB 1132 By the CommitteesCommittee on Appropriations;Health Policy;

and HealthSenator Policy;Bean 588-02981-21 20211132c1 A bill to be entitled An act relating to personal care attendants;

and Senator Bean 576-04470-21 20211132c2 A bill to be entitled An act relating to personal care attendants;

authorizing nursing home facilities to employ personal care attendants if they are participating in a certain training program developed by the Agency for Health Care AdministrationAdministration, in consultation with the Board of Nursing;

requiringauthorizing the agency to adopt rules;

requiringauthorizing thecertain agencypersonal tocare authorizeattendant theprograms continuationto ofcontinue certainoperating personalduring carethe attendantagency’s programsrulemaking process under certain circumstances;

requiring the agency to notify the Division of Law Revision of the date certain rules take effect;

providing for future repeal;

2023 Be It Enacted by the Legislature of the State of Florida:

2225 Section 1. Paragraph (w) is added to subsection (1) of section 400.141, Florida Statutes, to read:

1. The personal care attendant training program must consist of a minimum of 16 hours of education and must include training in all of the topics and lessons specified in the program curriculum.

2. The program curriculum for the personal care attendant training program must include, but need not be limited to, training in all of the following content areas:

g. Skin care and pressure soressore prevention.

3. A personal care attendant mustmay completenot theperform 16any hourstask ofthat requiredrequires educationclinical beforeassessment, havinginterpretation, anyor directjudgment. contact with a resident.

4. A personal care attendant must work exclusively for one nursing home facility and may not performwork anyas taska thatpersonal requirescare clinicalattendant assessment,for interpretation,more orthan judgment.one nursing home facility before becoming a certified nursing assistant.

5. An5. The individualagency employedmay asadopt arules personalto careimplement attendantthis underparagraph. s.

400.211(2)(d)6. If mustthe workGovernor’s exclusivelyEmergency forOrder one20-52 nursingor facilityan extension thereof expires or is terminated before becomingthe acompletion certifiedof nursingthe assistant.agency’s rulemaking process to implement this paragraph, any personal care attendant program that is operating pursuant to agency approval that was issued during the time in which the executive order was effective may continue to operate as authorized until the agency’s rulemaking process is completed, at which time the program must comply with agency rule.

58 The agency shall adoptnotify rulesthe necessaryDivision toof implementLaw thisRevision paragraph.of the date such rules take effect.

IfThis thesubparagraph stateexpires ofon emergency declared by the Governoreffective pursuantdate toof Executivesuch Orderrules. No.

20-52 is terminated before the agency adopts rules to implement this paragraph, the agency shall authorize the continuation of the personal care attendant program until the agency adopts such rules.

certification requirement.— (2) The following categories of persons who are not certified as nursing assistants under part II of chapter 464 may be employed by a nursing facility for a single consecutive period of 4 months:

8794 The certification requirement must be met within 4 months after initial employment as a nursing assistant in a licensed nursing facility.