Florida Senate - 2022 SB 414 By Senator Powell 30-00303A-22 2022414__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to the family caregiver certified 2 nursing assistant program; amending s. 464.201, F.S.; 3 defining the terms “family caregiver” and “relative”; 4 creating s. 464.2031, F.S.; requiring the Board of 5 Nursing, in consultation with the Agency for Health 6 Care Administration, to develop a program to train and 7 certify family caregivers as certified nursing 8 assistants for a specified purpose; specifying 9 requirements for the program; authorizing family 10 caregivers who complete the program to take the 11 nursing assistant competency examination; providing 12 that such caregivers who pass the examination are 13 eligible for certification as a nursing assistant; 14 providing conditions on certification for family 15 caregivers who obtain certification as nursing 16 assistants; providing for the lifting of conditions 17 after a specified period; authorizing the board, in 18 consultation with the agency, to adopt rules; amending 19 s. 464.203, F.S.; revising certification requirements 20 for certified nursing assistants to conform to changes 21 made by the act; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25

Section 1. Present subsections (5) and (6) of

section 26 464.201, Florida Statutes, are redesignated as subsections (6) 27 and (7), respectively, and a new subsection (5) and subsection 28 (8) are added to that section, to read: 29

Florida Senate - 2022 SB 414 30-00303A-22 2022414__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. 464.201

Definitions.—As used in this part, the term: 30 (5) “Family caregiver” means a person who provides or 31 intends to provide significant personal care and assistance to a 32 relative who has an underlying physical or cognitive condition 33 that prevents him or her from safely living independently. 34 (8) “Relative” means a parent, spouse, child, sibling, 35 grandparent, great-grandparent, first cousin, aunt, uncle, 36 great-aunt, great-uncle, niece, or nephew, whether related by 37 whole or half blood, by marriage, or by adoption. 38

Section

Section 464.2031, Florida Statutes, is created 39 to read: 40 464.2031 Family caregiver certified nursing assistant 41 program.— 42

(1) The board, in consultation with the Agency for Health 43 Care Administration, shall develop a program in accordance with 44 42 C.F.R. ss. 483.151-483.154 to train and certify family 45 caregivers as certified nursing assistants to increase the 46 health care workforce in this state and authorize persons to 47 provide trained nursing services to their relatives. A person 48 who is a caregiver to a relative and wants to serve as the 49 relative’s designated certified nursing assistant may 50 participate in the program. 51

(2) The program must consist of at least 84 hours of 52 training, including all of the following: 53 (

a) A minimum of 40 hours of theoretical instruction in 54 nursing, including, but not limited to, instruction on: 55 1. Person-centered care. 56 2. The aging process. 57 3. Communication and interpersonal skills. 58

Florida Senate - 2022 SB 414 30-00303A-22 2022414__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. 4. Infection control. 59 5. Safety and emergency procedures. 60 6. Assistance with activities of daily living. 61 7. Dementia care. 62 8. End-of-life care. 63 9. Mental health and social service needs. 64 10. Care of cognitively impaired individuals. 65 11. Basic restorative care and rehabilitation. 66 12. Patient rights and confidentiality of personal 67 information and medical records. 68 13.

Relevant legal and ethical issues. 69 70 Such instruction must be offered in various formats, and any 71 interactive instruction must be provided during various times of 72 the day. 73 (

b) A minimum of 28 hours of skills training on basic 74 nursing skills, including, but not limited to: 75 1. Hygiene, grooming, and toileting. 76 2. Infection control. 77 3. Skin care and pressure sore prevention. 78 4. Nutrition and hydration. 79 5. Measuring vital signs, height, and weight. 80 6. Safe lifting, positioning, and moving of patients. 81 7. Wound care. 82 8. Portable oxygen use and safety and other respiratory 83 procedures. 84 9. Peripheral intravenous assistive activities and 85 alternative feeding methods. 86 10. Urinary catheterization and ostomy care. 87

Florida Senate - 2022 SB 414 30-00303A-22 2022414__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. (

c) At least 16 hours of clinical training under direct 88 supervision of a licensed registered nurse, to be completed in 89 at least two separate shifts and in a board-approved health care 90 facility. 91

(3) A family caregiver who completes the program may take 92 the nursing assistant competency examination and is eligible for 93 certification to practice as a certified nursing assistant under 94 s. 464.203(1)(

e) upon passing the examination. 95

(4) A family caregiver who obtains certification under s. 96 464.203(1)(

e) after completing the program, as a condition of 97 certification, must serve as a designated certified nursing 98 assistant for his or her relative under contract with a licensed 99 nurse registry for at least 2 years. After 2 years of such 100 practice, a certified nursing assistant may practice in any 101 setting authorized by law and is not required to contract with a 102 licensed nurse registry. 103

(5) The board, in consultation with the Agency for Health 104 Care Administration, may adopt rules to implement this section. 105

Section 3. Paragraph (

e) is added to subsection (1) of 106

section 464.203, Florida Statutes, to read: 107 464.203 Certified nursing assistants; certification 108 requirement.— 109

(1) The board shall issue a certificate to practice as a 110 certified nursing assistant to any person who demonstrates a 111 minimum competency to read and write and successfully passes the 112 required background screening pursuant to s. 400.215. If the 113 person has successfully passed the required background screening 114 pursuant to s. 400.215 or s. 408.809 within 90 days before 115 applying for a certificate to practice and the person’s 116

Florida Senate - 2022 SB 414 30-00303A-22 2022414__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. background screening results are not retained in the 117 clearinghouse created under s. 435.12, the board shall waive the 118 requirement that the applicant successfully pass an additional 119 background screening pursuant to s. 400.215. The person must 120 also meet one of the following requirements: 121 (

e) Has completed the program developed by the board under 122 s. 464.2031 and achieved a minimum score, established by rule of 123 the board, on the nursing assistant competency examination, 124 which consists of a written portion and skills-demonstration 125 portion, approved by the board and administered at a site and by 126 personnel approved by the department. 127

Section 4. This act shall take effect July 1, 2022. 128