senate Bill S1663

Relates to the adult care facilities training program

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • REFERRED TO HEALTH

Summary

Relates to the adult care facilities training program; requires a minimum of 40 hours of training for direct care staff.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A4467
Versions:
S1663
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Social Services Law
Laws Affected:
Amd §461-p, Soc Serv L
Versions Introduced in 2011-2012 Legislative Cycle:
S6279A, A8861A

Sponsor Memo

BILL NUMBER:S1663

TITLE OF BILL:
An act
to amend the social services law, in relation to the adult care
facilities training program

PURPOSE: Establish a training program for direct-care
staff working in
adult homes and other adult care facilities.

SUMMARY OF SPECIFIC PROVISIONS: Amends Social
Services Law § 461-p to
require all adult care facility direct-care staff to complete a
training curriculum and pass a written and a practical exam before
being allowed to perform direct-care services without supervision.
Existing staff will have one additional year to complete the training
requirements.

Directs the Department of Health to establish a workgroup to develop a
uniform curriculum and best practices. The curriculum must include at
least 40 hours of instruction divided between classroom and hands-on
learning, an addition 8 hours of training in medication management
and administration, and promote the values of resident autonomy and
dignity.

JUSTIFICATION:
Adult care facilities (ACFs), which include adult
homes, enriched housing, and assisted living residences of all types,
house a diverse population including many elderly and disabled New
Yorkers.

Aides and other direct care staff are responsible for providing the
vast majority of care in ACFs, including assisting residents with
activities of daily life such as bathing, eating, and walking.
Despite this level of responsibility, there is no uniform course of
training required for direct care staff in ACFs, only guidelines. A
lack of training contributes directly to patterns of error that
endanger the health and safety of residents. Medication errors arc
particularly dangerous due to their
frequency and the potential harm involved.

This bill will assure residents of ACFs that the individuals who
assist them with their highly personal tasks of daily living have
achieved an appropriate level of competence based on uniform
standards or education and training.

PRIOR LEGISLATIVE HISTORY: S. 6279 Referred to Social
Services

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the
120th day after becoming law, with provisions.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1663

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the social services law, in relation to the  adult  care
  facilities training program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 461-p of the social services law, as added by chap-
ter 462 of the laws of 1996, is amended to read as follows:
  S 461-p. Adult care facilities DIRECT CARE STAFF training program.  1.
The  department [may] SHALL, within the amounts as appropriated for such
purpose, establish an adult care facility  DIRECT  CARE  STAFF  training
program  [that  shall  assist  in  the development of training materials
and/or the provision of staff training activities.  In  developing  such
training  program,  the  department  shall  determine the feasibility of
providing such training on a statewide basis] TO BE REQUIRED FOR  DIRECT
CARE  STAFF  IN  ADULT CARE FACILITIES. The department may contract with
[organizations representing adult care facilities] APPROPRIATE  ENTITIES
to  provide  such  training.  [Such contracts shall require that funding
made available through this program shall be used to enhance the  skills
of staff of adult care facilities and may include, but not be limited to
training activities regarding medication management, safety and security
procedures,  rights  of residents, behavioral management techniques, and
any other training initiatives identified by the department.]
  2. THE DEPARTMENT SHALL ESTABLISH A WORKGROUP, COMPOSED OF INDIVIDUALS
WITH RELEVANT EXPERTISE IN THE FIELD OF ADULT CARE,  CONSUMER  REPRESEN-
TATIVES,  WORKER  REPRESENTATIVES, AND PROVIDERS, TO DEVELOP A STANDARD,
UNIFORM CURRICULUM TO BE MANDATED IN TRAINING DIRECT CARE STAFF IN ADULT
CARE FACILITIES. THE WORKGROUP SHALL IDENTIFY BEST PRACTICES  IN  DIRECT
CARE AND DEVELOP A CURRICULUM FOR DIRECT CARE STAFF BASED ON THESE PRAC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01609-01-3

S. 1663                             2

TICES.  THE CURRICULUM SHALL PROMOTE THE VALUES OF RESIDENT AUTONOMY AND
DIGNITY.
  3. THE CURRICULUM SHALL INCLUDE THE FOLLOWING COMPONENTS:
  (A)  AT LEAST FORTY TOTAL HOURS OF INSTRUCTION, DIVIDED BETWEEN CLASS-
ROOM AND HANDS-ON LEARNING;
  (B) AT LEAST EIGHT HOURS OF TRAINING, INCLUDING AT LEAST FOUR HOURS OF
HANDS-ON TRAINING, DEVOTED TO MEDICATION MANAGEMENT AND  ADMINISTRATION,
WITH  EMPHASIS  ON  HOW  TO  SAFELY AND LEGALLY ASSIST RESIDENTS WITHOUT
VIOLATING RESTRICTIONS ON SCOPE OF PRACTICE; AND
  (C) ANY FURTHER INSTRUCTION DEEMED NECESSARY BY THE COMMISSIONER.
  NOTHING IN THIS SECTION SHALL  BE  CONSTRUED  TO  PROHIBIT  CURRICULAR
REQUIREMENTS  THAT EXCEED THE CURRICULAR REQUIREMENTS DESCRIBED IN PARA-
GRAPHS (A) AND (B) OF THIS SUBDIVISION.
  4. (A) COMPLETING THE TRAINING CURRICULUM AND PASSING  A  WRITTEN  AND
PRACTICAL EXAM SHALL BE A REQUIREMENT FOR EMPLOYMENT AS FULL-TIME DIRECT
CARE STAFF IN ANY ADULT CARE FACILITY.
  (B)  TRAINING  SHALL  COMMENCE AS SOON AS AN INDIVIDUAL IS HIRED FOR A
DIRECT CARE POSITION. INDIVIDUALS SHALL BE EXEMPT FROM THIS  REQUIREMENT
IF THEY HAVE COMPLETED A TRAINING PROGRAM AT ANOTHER ADULT CARE FACILITY
WITHIN THE PRIOR THREE YEARS.
  (C)  THE  INDIVIDUAL  CONDUCTING  THE TRAINING SHALL, AT A MINIMUM, BE
CERTIFIED AS A LICENSED PRACTICAL NURSE. THE  INDIVIDUAL  SHALL  POSSESS
TRAINING  AND  EXPERIENCE  IN  ADULT EDUCATION. IF THE FACILITY DOES NOT
HAVE A QUALIFIED INSTRUCTOR ON STAFF, THE FACILITY WILL CONTRACT WITH AN
OUTSIDE SOURCE.
  (D) STAFF SHALL NOT PERFORM ANY DIRECT CARE  SERVICES  WITHOUT  SUPER-
VISION  UNTIL COMPLETION OF THE RELEVANT SECTION OF THE TRAINING CURRIC-
ULUM, EXCEPT THAT STAFF WHO ARE EMPLOYED BY AN ADULT CARE FACILITY IN  A
DIRECT CARE POSITION AS OF THE DAY THIS SUBDIVISION TAKES EFFECT ARE NOT
SUBJECT TO THIS REQUIREMENT UNTIL ONE YEAR AFTER THAT DATE.
  S 2. This act shall take effect immediately, except that subdivision 4
of  section  461-p of the social services law as added by section one of
this act shall take effect one year after it shall have  become  a  law,
provided that any rules and regulations, and any other actions necessary
to  implement  the  provisions of such subdivision on its effective date
are authorized and directed to be completed on or before such date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.