Full Text of SB2301 99th General Assembly
SB2301sam002 99TH GENERAL ASSEMBLY | Sen. David Koehler Filed: 4/15/2016
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| 1 | | AMENDMENT TO SENATE BILL 2301
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2301, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Alzheimer's Disease and Related Dementias Services Act. | 7 | | Section 5. Purpose. The General Assembly finds that | 8 | | oversight of Alzheimer's disease and related dementias | 9 | | services is in the best interests of individuals diagnosed with | 10 | | Alzheimer's disease or a dementia-related disease and their | 11 | | families and friends struggling to find appropriate services | 12 | | and care. As such, it is the intent of the General Assembly | 13 | | that all Alzheimer's disease and related dementias services | 14 | | shall comply with rules adopted by the Department in compliance | 15 | | with this Act. |
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| 1 | | Section 10. Definitions. In this Act: | 2 | | "Department" means the Department of Public Health. | 3 | | "Director" means the Director of Public Health.
| 4 | | "Alzheimer's disease and related dementias services" means | 5 | | services offered to individuals diagnosed with Alzheimer's | 6 | | disease or a dementia-related disease for the purpose of | 7 | | managing the individual's disease. | 8 | | Section 15. Applicability. Programs covered by this Act | 9 | | include, but are not limited to, health care facilities | 10 | | licensed or certified by the Assisted Living and Shared Housing | 11 | | Act; Life Care Facilities Act; Nursing Home Care Act; | 12 | | Specialized Mental Health Rehabilitation Act of 2013; Home | 13 | | Health, Home Services, and Home Nursing Agency Licensing Act; | 14 | | Hospice Program Licensing Act; and End Stage Renal Disease | 15 | | Facility Act. This Act does not apply to physicians licensed to | 16 | | practice medicine in all its branches. | 17 | | Section 20. Alzheimer's disease and related dementias | 18 | | services guidelines. | 19 | | (a) The Department shall no later than September 1, 2017 | 20 | | publish proposed rules to implement this Act. | 21 | | (b) The Department shall be granted authority to initiate | 22 | | discussions with all affected provider groups, advocate | 23 | | organizations, and other individuals and groups identified by | 24 | | the Director to be critical to the development of applicable |
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| 1 | | rules upon this Act becoming law.
| 2 | | Section 25. Covered services, disclosures, prohibition, | 3 | | preemption. Upon the adoption of rules implementing this Act: | 4 | | (1) Any and all Alzheimer's disease or related | 5 | | dementias services shall comply with the Alzheimer's | 6 | | disease and related dementias services guidelines, except | 7 | | as provided in subsection (d). | 8 | | (2) Materials defining the philosophy of the services, | 9 | | specific services offered, and behavior management tactics | 10 | | and drug therapies employed shall be provided upon | 11 | | admission or enrollment, or earlier upon request, | 12 | | including a disclaimer that the services are not certified | 13 | | under the Alzheimer's Disease and Related Dementias | 14 | | Special Care Disclosure Act. | 15 | | (3) Advertising or verbally offering to provide | 16 | | Alzheimer's disease and related dementias services that | 17 | | are not in compliance with the requirements set forth in | 18 | | this Act is prohibited. | 19 | | (4) If a conflict occurs between this Act and the | 20 | | Assisted Living and Shared Housing Act, the Nursing Home | 21 | | Care Act, or the Alzheimer's Disease and Related Dementias | 22 | | Special Care Disclosure Act,
then the Assisted Living and | 23 | | Shared Housing Act, the Nursing Home Care Act, or the | 24 | | Alzheimer's Disease and Related Dementias Special Care | 25 | | Disclosure Act shall prevail. |
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| 1 | | Section 30. Staff training. | 2 | | (a) Staff with direct access to clients with Alzheimer's | 3 | | disease or a related dementia hired prior to the adoption of | 4 | | rules implementing this Act shall receive a minimum of 6 hours | 5 | | of initial training within 90 days after the effective date of | 6 | | this Act using Alzheimer's disease and related dementias | 7 | | services certified by the Department, except as provided in | 8 | | subsection (c). | 9 | | (b) Staff with direct access to clients with Alzheimer's | 10 | | disease or a related dementia hired after the adoption of rules | 11 | | implementing this Act shall complete a minimum of 6 hours of | 12 | | initial training in the first 60 days of employment using an | 13 | | Alzheimer's disease and related dementias services curriculum | 14 | | certified by the Department, except as provided in subsection | 15 | | (c). | 16 | | (c) Subsections (a) and (b) shall not apply to the | 17 | | following: | 18 | | (1) staff who received at least 6 hours of comparable | 19 | | training in compliance with licensure or certified | 20 | | training requirements; and | 21 | | (2) staff temporarily hired or temporarily detailed by | 22 | | a facility licensed under the Nursing Home Care Act to | 23 | | permit the facility to meet statutory staffing | 24 | | requirements. | 25 | | (d) An Alzheimer's disease and related dementias services |
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| 1 | | curriculum certified by the Department must include at a | 2 | | minimum the following topics: understanding dementia, | 3 | | effectively communicating with individuals with dementia, | 4 | | assisting individuals with dementia in performing activities | 5 | | of daily living, problem solving with individuals with dementia | 6 | | who exhibit challenging behavior, fundamentals of dementia | 7 | | care, safe environments, and managing the activities of | 8 | | individuals with dementia. | 9 | | (e) An individual who received training consistent with the | 10 | | requirements of this Section while employed by another program | 11 | | or through an educational institution or an individual with 3 | 12 | | or more years of experience working with Alzheimer's disease | 13 | | and related dementias services may petition the Department for | 14 | | a waiver of the initial training requirements set forth in this | 15 | | Section. The Department shall evaluate each request on a case | 16 | | by case basis. | 17 | | (f) Upon the adoption of rules implementing this Act, staff | 18 | | with direct access to clients with dementia shall receive 3 | 19 | | hours of advanced training on caring for individuals with | 20 | | Alzheimer's disease and related dementias each year. | 21 | | (g) Upon the adoption of rules implementing this Act, | 22 | | Alzheimer's disease and related dementias services program | 23 | | employers shall maintain training records and make them | 24 | | available to the Department on request.
| 25 | | Section 35. Program director. Upon the adoption of rules |
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| 1 | | implementing this Act, in addition to the training required | 2 | | under Section 30 of this Act, the director of an Alzheimer's | 3 | | disease and related dementias services program shall complete | 4 | | an Alzheimer's disease and related dementias services | 5 | | curriculum from a list compiled by the Department or have 5 | 6 | | years of experience as a director of an Alzheimer's disease and | 7 | | related dementias services program. | 8 | | Section 40. Penalties. | 9 | | (a) Any entity licensed, certified, or regulated by the | 10 | | State that knowingly holds itself out as a provider of | 11 | | Alzheimer's disease and related dementias services and fails to | 12 | | comply with this Act is deemed to have violated the statute or | 13 | | statutes governing the licensure, certification, or regulation | 14 | | of the entity and any contract or agreement the entity has with | 15 | | the State. | 16 | | (b) Any entity not operated by the federal government or | 17 | | any agency thereof or individual not covered by subsection (a) | 18 | | that knowingly holds himself, herself, or itself out as a | 19 | | provider of Alzheimer's disease and related dementias services | 20 | | and fails to comply with this Act is guilty of a business | 21 | | offense punishable by a fine of at least $1,001. | 22 | | Section 45. Assessment. Twenty-four months after the | 23 | | adoption of rules implementing this Act, the Department shall | 24 | | convene a work group made up of experts in Alzheimer's disease |
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| 1 | | and related dementias services programming, providers, | 2 | | families and caregivers, and other interested parties to assess | 3 | | the understanding of and compliance with the Act and rules. The | 4 | | work group shall provide the Director and General Assembly with | 5 | | recommendations related to this Act and rules. Once the | 6 | | recommendations are submitted, the work group shall be | 7 | | disbanded. | 8 | | Section 90. Repealer. | 9 | | (a) This Act is repealed as provided in subsection (b) of | 10 | | this Section unless the General Assembly authorizes an | 11 | | extension of the Act for an additional period of 36 months. | 12 | | (b) Upon the adoption of rules implementing this Act, the | 13 | | Department shall file with the Index Department of the Office | 14 | | of the Secretary of State a declaration to that effect, and | 15 | | shall notify the Clerk of the House of Representatives, the | 16 | | Secretary of the Senate, and the Legislative Reference Bureau | 17 | | of the filing of the declaration. This Act is repealed 36 | 18 | | months after the date specified in the declaration.
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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