S T A T E   O F   N E W   Y O R K
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                                  4467

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2013
                               ___________

Introduced by M. of A. GOTTFRIED, GUNTHER, JAFFEE, LIFTON, PAULIN, WEIS-
  ENBERG, ROBINSON, ENGLEBRIGHT, BARRON, CASTRO, ROSENTHAL, ORTIZ, HOOP-
  ER,  ABINANTI -- Multi-Sponsored by -- M. of A. ARROYO, COLTON, DINOW-
  ITZ, FINCH, JACOBS, LUPARDO, MARKEY -- read once and referred  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

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

A. 4467                             2

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;
  (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.