HF 2437

as introduced - 88th Legislature (2013 - 2014) Posted on 02/27/2014 03:42pm

A bill for an act
relating to health; requiring training on Alzheimer's disease for all long-term care
facilities; proposing coding for new law in Minnesota Statutes, chapter 144A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [144A.80] DEMENTIA TRAINING ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin Sections 144A.80 and 144A.801 may be cited as the
Dementia Training Act.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of sections 144A.80 and 144A.801, the
following terms have the meanings given.
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new text begin (b) "Commissioner" means the commissioner of the Department of Health.
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new text begin (c) "Dementia" means a variety of diseases and conditions that develop when nerve
cells in the brain die or no longer function normally. The death or malfunction of these
nerve cells, called neurons, causes changes in one's memory, behavior, and ability to
think clearly.
new text end

new text begin (d) "Direct care staff" means all persons who provide paid or unpaid hands-on
personal care services for persons with dementia including but not limited to management,
all nurses, nursing assistants, respite care providers, mealtime assistants, and any other
position providing hands-on care to a patient.
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new text begin (e) "Facility" means any health care provider providing services to patients, including
assisted living and nursing facilities as licensed under chapter 144; home care services
under section 256B.0651; personal care assistance services under section 256B.0659;
community first services and supports under section 256B.85; adult day care providers
under section 245A.04; and housing with services establishments under chapter 144D.
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new text begin (f) "Nondirect care staff" means any personnel, paid or unpaid, within the facility
who are not members of the direct care staff.
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new text begin (g) "Training" means dementia-specific training approved by the commissioner
pursuant to section 144A.801.
new text end

new text begin Subd. 3. new text end

new text begin Rulemaking. new text end

new text begin (a) The commissioner shall adopt rules to implement this
section and section 144A.801.
new text end

new text begin (b) In adopting rules, the commissioner shall consult with and seek input from the
Alzheimer's Association or ACT on Alzheimer's.
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Sec. 2.

new text begin [144A.801] TRAINING REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Facility duties. new text end

new text begin (a) The facility shall require:
new text end

new text begin (1) all direct care staff have at least eight hours of training prior to having resident
interaction and eight additional hours of training on an annual basis; and
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new text begin (2) all nondirect care staff have at least four hours of training prior to having resident
interaction and two additional hours of training on an annual basis.
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new text begin (b) The facility shall ensure that all direct and nondirect care staff are proficient to
carry out job duties in a safe, effective, and efficient manner and shall supervise direct and
nondirect care staff in practice after completion of training.
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new text begin Subd. 2. new text end

new text begin Training curriculum. new text end

new text begin (a) Training may be conducted by an in-person
trainer or via an Internet-based curriculum.
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new text begin (b) All trainers conducting approved training must be subject matter experts in
the field of dementia care.
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new text begin (c) If Internet-based training is used, the trainer must be available to answer
questions that arise during the course of the training, including questions that may be
facility or resident specific.
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new text begin (d) Training programs must be reviewed and approved by the commissioner prior to
the training being conducted. Approved trainings include but are not limited to:
new text end

new text begin (1) ACT on Alzheimer's Dementia Curriculum;
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new text begin (2) Alzheimer's Association and Aging Services of Minnesota Dementia Care
Certificate Program;
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new text begin (3) Alzheimer's Association Foundations of Dementia Care;
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new text begin (4) Care and Compliance Assisted Living Dementia Care Training Kit;
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new text begin (5) CARES online training and essentiALZ certification;
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new text begin (6) Centers for Medicare and Medicaid Services Hand in Hand;
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new text begin (7) Dementia Care Specialists Dementia Capable Care;
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new text begin (8) Mirabelle Management EduCare Dementia Care; and
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new text begin (9) Relias Learning Silverchair Learning Systems.
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new text begin (e) All approved trainings for direct care staff must include:
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new text begin (1) an overview of Alzheimer's disease and other dementias;
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new text begin (2) understanding communication and how it relates to behavior and the management
of behavioral symptoms;
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new text begin (3) activities of daily living;
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new text begin (4) understanding and dealing with family issues; and
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new text begin (5) a competency-based demonstration of job duties.
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new text begin (f) All approved trainings for nondirect care staff must include:
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new text begin (1) an overview of Alzheimer's disease and other dementias;
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new text begin (2) understanding communication and how it relates to behavior and the management
of behavioral symptoms; and
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new text begin (3) a competency-based demonstration of job duties.
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new text begin (g) The commissioner shall keep a list of current providers who are approved
to provide training.
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new text begin Subd. 3. new text end

new text begin Training certification. new text end

new text begin (a) As evidence of successful completion of the
training, the trainer shall issue a signed and dated certificate to the trainee.
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new text begin (b) The facility shall maintain a copy of the training certificate in the trainee's
personnel file.
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new text begin (c) A trainee shall not be required to complete additional training for one year after
the date of completion even if the trainee changes employment to another facility.
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Sec. 3. new text begin EFFECTIVE DATE.
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new text begin Sections 1 and 2 are effective July 1, 2015.
new text end