Minnesota Legislature
SF 2140
1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/21/2014 08:17am
Current Version - 1st Engrossment
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7
3.8
3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32
3.33
4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16
4.17
4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33
A bill for an act
relating to health; requiring training for housing with services establishments;
requiring training on Alzheimer's disease for all long-term care facilities;
amending Minnesota Statutes 2012, section 144D.065; proposing coding for new
law in Minnesota Statutes, chapter 144D.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 144D.065, is amended to read:
144D.065 TRAINING IN DEMENTIA CARE REQUIRED.
(a) If a housing with services establishment registered under this chapternew text begin has a
special program or special care unit for residents with Alzheimer's disease or other
dementias or advertises,new text end marketsnew text begin ,new text end or otherwise promotesnew text begin the establishment as providing
new text end services for persons with Alzheimer's disease or deleted text begin related disordersdeleted text end new text begin other dementiasnew text end , whether
in a segregated or general unit, deleted text begin the establishment's direct care staff and their supervisors
must be trained in dementia caredeleted text end new text begin employees of the establishment and of the establishment's
arranged home care provider must meet the following training requirements:
new text end
new text begin
(1) supervisors of direct-care staff must have at least eight hours of initial training on
topics specified under paragraph (b) within 120 hours of the employment start date, and
must have at least two hours of training on topics related to dementia care for each 12
months of employment thereafter;
new text end
new text begin
(2) direct-care employees must have completed at least eight hours of initial training
on topics specified under paragraph (b) within 160 hours of the employment start date.
Until this initial training is complete, an employee must not provide direct care unless
there is another employee on site who has completed the initial eight hours of training on
topics related to dementia care and who can act as a resource and assist if issues arise. A
trainer of the requirements under paragraph (b), or a supervisor meeting the requirements
in clause (1) must be available for consultation with the new employee until the training
requirement is complete. Direct-care employees must have at least two hours of training
on topics related to dementia for each 12 months of employment thereafter;
new text end
new text begin
(3) staff who do not provide direct care, including maintenance, housekeeping and
food service staff must have at least four hours of initial training on topics specified under
paragraph (b) within 160 hours of the employment start date, and must have at least two
hours of training on topics related to dementia care for each 12 months of employment
thereafter; and
new text end
new text begin (4) new employees may satisfy the initial training requirements by producing written
proof of previously completed required training within the past 18 monthsnew text end .
(b) Areas of required training include:
(1) an explanation of Alzheimer's disease and related disorders;
(2) assistance with activities of daily living;
(3) problem solving with challenging behaviors; and
(4) communication skills.
(c) The establishment shall provide to consumers in written or electronic form a
description of the training program, the categories of employees trained, the frequency
of training, and the basic topics covered. This information satisfies the disclosure
requirements of section 325F.72, subdivision 2, clause (4).
new text begin
(d) Housing with services establishments not included in paragraph (a) that provide
assisted living services under chapter 144G must meet the following training requirements:
new text end
new text begin
(1) supervisors of direct-care staff must have at least four hours of initial training on
topics specified under paragraph (b) within 120 hours of the employment start date, and
must have at least two hours of training on topics related to dementia care for each 12
months of employment thereafter;
new text end
new text begin
(2) direct-care employees must have completed at least four hours of initial training
on topics specified under paragraph (b) within 160 hours of the employment start date.
Until this initial training is complete, an employee must not provide direct care unless there
is another employee on site who has completed the initial four hours of training on topics
related to dementia care and who can act as a resource and assist if issues arise. A trainer
of the requirements under paragraph (b), or supervisor meeting the requirements under
paragraph (a), clause (1), must be available for consultation with the new employee until
the training requirement is complete. Direct-care employees must have at least two hours
of training on topics related to dementia for each 12 months of employment thereafter;
new text end
new text begin
(3) staff who do not provide direct care, including maintenance, housekeeping and
food service staff must have at least four hours of initial training on topics specified under
paragraph (b) within 160 hours of the employment start date, and must have at least two
hours of training on topics related to dementia care for each 12 months of employment
thereafter; and
new text end
new text begin
(4) new employees may satisfy the initial training requirements by producing written
proof of previously completed required training within the past 18 months.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2016.
new text end
Sec. 2.
new text begin
[144D.10] MANAGER REQUIREMENTS.
new text end
new text begin
(a) The person primarily responsible for oversight and management of a housing
with services establishment, as designated by the owner of the housing with services
establishment, must obtain at least 30 hours of continuing education every two years of
employment as the manager in topics relevant to the operations of the housing with services
establishment and the needs of its tenants. Continuing education earned to maintain a
professional license, such as nursing home administrator license, nursing license, social
worker license, and real estate license, can be used to complete this requirement.
new text end
new text begin
(b) For managers of establishments identified in section 325F.72, this continuing
education must include at least eight hours of documented training on the topics identified
in section 144D.065, subdivision 1, paragraph (b), within 160 hours of hire, and two hours
of training on these topics for each 12 months of employment thereafter.
new text end
new text begin
(c) For managers of establishments not covered by section 325F.72, but who provide
assisted living services under chapter 144G, this continuing education must include at
least four hours of documented training on the topics identified in section 144D.065,
subdivision 1, paragraph (b), within 160 hours of hire, and two hours of training on these
topics for each 12 months of employment thereafter.
new text end
new text begin
(d) A statement verifying compliance with the continuing education requirement
must be included in the housing with services establishment's annual registration to the
commissioner of health. The establishment must maintain records for at least three years
demonstrating that the person primarily responsible for oversight and management of the
establishment has attended educational programs as required by this section.
new text end
new text begin
(e) New managers may satisfy the initial dementia training requirements by producing
written proof of previously completed required training within the past 18 months.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2016.
new text end
Sec. 3.
new text begin
[144D.11] EMERGENCY PLANNING.
new text end
new text begin
(a) Each registered housing with services establishment must meet the following
requirements:
new text end
new text begin
(1) have a written emergency disaster plan that contains a plan for evacuation,
addresses elements of sheltering in-place, identifies temporary relocation sites, and details
staff assignments in the event of a disaster or an emergency;
new text end
new text begin
(2) post an emergency disaster plan prominently;
new text end
new text begin
(3) provide building emergency exit diagrams to all tenants upon signing a lease;
new text end
new text begin
(4) post emergency exit diagrams on each floor; and
new text end
new text begin
(5) have a written policy and procedure regarding missing tenants.
new text end
new text begin
(b) Each registered housing with services establishment must provide emergency
and disaster training to all staff within 30 days of hire and annually thereafter and must
make emergency and disaster training available to all tenants annually.
new text end
new text begin
(c) Each registered housing with services location must conduct and document a fire
drill or other emergency drill at least every six months. To the extent possible, drills must
be coordinated with local fire departments or other community emergency resources.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2016.
new text end
Sec. 4. new text begin EVALUATION AND REPORTING REQUIREMENTS.
new text end
new text begin
(a) The commissioner of health shall consult with the Alzheimer's Association,
Aging Services of Minnesota, Care Providers of Minnesota, the ombudsman for long term
care, and other stakeholders to evaluate the following:
new text end
new text begin
(1) whether additional settings, provider types, licensed and unlicensed personnel, or
health care services regulated by the commissioner should be required to comply with the
training requirements in Minnesota Statutes, sections 144D.065, 144D.10, and 144D.11;
new text end
new text begin
(2) cost implications for the groups or individuals identified in clause (1) to comply
with the training requirements;
new text end
new text begin
(3) dementia education options available;
new text end
new text begin
(4) existing dementia training mandates under federal and state statutes and rules; and
new text end
new text begin
(5) the enforceability of Minnesota Statutes, sections 144D.065, 144D.10, and
144D.11, and methods to determine compliance with the training requirements.
new text end
new text begin
(b) The commissioner shall report the evaluation to the chairs of the health and
human services committees of the legislature no later than February 15, 2015, along with
any recommendations for legislative changes.
new text end