Senate Bill S6279A

2011-2012 Legislative Session

Relates to the adult care facilities training program

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2012	print number 6279a
Jan 30, 2012	amend and recommit to health
Jan 19, 2012	referred to health

Bill Amendments

co-Sponsors

2011-S6279 - Details

See Assembly Version of this Bill:: A8861
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §461-p, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1663, A4467
2015-2016: A439

2011-S6279 - Summary

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

2011-S6279 - Sponsor Memo

                                BILL NUMBER:S6279

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.

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 are
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 of education and training.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:

180 days after becoming law.

2011-S6279 - Bill Text download pdf

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

                                  6279

                            I N  S E N A T E

                            January 19, 2012
                               ___________

Introduced  by  Sens.  GRISANTI,  MONTGOMERY  --  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-
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;

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

                                                           LBD13776-01-2

S. 6279                             2

  (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.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided that any rules and regulations, and
any  other  actions necessary to implement the provisions of this act on
its effective date are authorized and directed to  be  completed  on  or
before such date.

co-Sponsors

2011-S6279A (ACTIVE) - Details

See Assembly Version of this Bill:: A8861
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §461-p, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1663, A4467
2015-2016: A439

2011-S6279A (ACTIVE) - Summary

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

2011-S6279A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6279A

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

PURPOSE OR GENERAL IDEA OF BILL:
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:
New bill.

FISCAL IMPLICATIONS:
Moderate department staff costs.

EFFECTIVE DATE:
Immediately for the purpose of establishing the
workgroup and standards. One year after enactment for section 4, which
enforces the training requirement on new staff (existing staff are
given an additional year in that section).

2011-S6279A (ACTIVE) - Bill Text download pdf

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

                                 6279--A

                            I N  S E N A T E

                            January 19, 2012
                               ___________

Introduced  by  Sens.  GRISANTI,  MONTGOMERY  --  read twice and ordered
  printed, and when printed to be committed to the Committee  on  Health
  --  recommitted  to  the Committee on Health in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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-
TICES. THE CURRICULUM SHALL PROMOTE THE VALUES OF RESIDENT AUTONOMY  AND
DIGNITY.

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

                                                           LBD13776-03-2

S. 6279--A                          2

  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.

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Senate Bill S6279A

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

co-Sponsors

2011-S6279 - Details

2011-S6279 - Summary

2011-S6279 - Sponsor Memo

2011-S6279 - Bill Text download pdf

co-Sponsors

2011-S6279A (ACTIVE) - Details

2011-S6279A (ACTIVE) - Summary

2011-S6279A (ACTIVE) - Sponsor Memo

2011-S6279A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Mark Grisanti

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

co-Sponsors

Velmanette Montgomery

2011-S6279 - Details

2011-S6279 - Summary

2011-S6279 - Sponsor Memo

2011-S6279 - Bill Text download pdf

co-Sponsors

Velmanette Montgomery

Joseph P. Addabbo Jr.

Thomas K. Duane

Liz Krueger

2011-S6279A (ACTIVE) - Details

2011-S6279A (ACTIVE) - Summary

2011-S6279A (ACTIVE) - Sponsor Memo

2011-S6279A (ACTIVE) - Bill Text download pdf

Comments