S T A T E O F N E W Y O R K
________________________________________________________________________
8861--A
I N A S S E M B L Y
(PREFILED)
January 4, 2012
___________
Introduced by M. of A. GOTTFRIED, GUNTHER, JAFFEE -- Multi-Sponsored by
-- M. of A. COLTON, McENENY -- read once and referred to the Commit-
tee on Health -- 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.
LBD13776-02-2
A. 8861--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.