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H 5089 Session 114 (2001-2002)
H 5089 General Bill, By Limehouse, McCraw, Scarborough, D.C. Smith and
J.R. Smith
A BILL TO AMEND CHAPTER 36, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO ALZHEIMER'S DISEASE AND RELATED DISORDERS, BY ADDING ARTICLE 7 SO
AS TO ENACT "THE SOUTH CAROLINA ALZHEIMER'S TRAINING ACT", TO REQUIRE
EMPLOYEES OF NURSING HOMES, DAYCARE FACILITIES FOR ADULTS, HOME HEALTH
AGENCIES, AND HOSPICES TO HAVE INFORMATION AND TRAINING ON ALZHEIMER'S DISEASE
AND OTHER RELATED CONDITIONS, AND TO REQUIRE THE ALZHEIMER'S DISEASE AND
RELATED DISORDERS RESOURCE COORDINATION CENTER TO APPROVE SUCH TRAINING; AND
TO ADD SECTIONS 44-7-255, 44-69-35, AND 44-71-35 SO AS TO REQUIRE NURSING
HOMES, DAYCARE FACILITIES FOR ADULTS, HOME HEALTH AGENCIES, AND HOSPICES,
RESPECTIVELY, TO PROVIDE THIS INFORMATION AND TRAINING AS A CONDITION OF
LICENSURE.
04/10/02 House Introduced and read first time HJ-68
04/10/02 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-68
A BILL
TO AMEND CHAPTER 36, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALZHEIMER'S DISEASE AND RELATED DISORDERS, BY ADDING ARTICLE 7 SO AS TO ENACT "THE SOUTH CAROLINA ALZHEIMER'S TRAINING ACT", TO REQUIRE EMPLOYEES OF NURSING HOMES, DAYCARE FACILITIES FOR ADULTS, HOME HEALTH AGENCIES, AND HOSPICES TO HAVE INFORMATION AND TRAINING ON ALZHEIMER'S DISEASE AND OTHER RELATED CONDITIONS, AND TO REQUIRE THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER TO APPROVE SUCH TRAINING; AND TO ADD SECTIONS 44-7-255, 44-69-35, AND 44-71-35 SO AS TO REQUIRE NURSING HOMES, DAYCARE FACILITIES FOR ADULTS, HOME HEALTH AGENCIES, AND HOSPICES, RESPECTIVELY, TO PROVIDE THIS INFORMATION AND TRAINING AS A CONDITION OF LICENSURE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 36, Title 44 of the 1976 Code is amended by adding:
"Article 7
Alzheimer's Training Act
Section 44-36-700. This article may be cited as the 'South Carolina Alzheimer's Training Act'.
Section 44-36-710. For purposes of this article, 'agency' means:
(1) nursing homes, as defined in Section 44-7-130;
(2) daycare facilities for adults, as defined in Section 44-7-130;
(3) home health agencies, as defined in Section 44-69-30;
(4) hospices, as defined in Section 44-71-20.
Section 44-36-720. (A) An agency which provides direct service to adults shall require each newly hired employee who provides direct care to patients to have had four hours of training in Alzheimer's disease and dementia-related illnesses. This training must include, but is not limited to, an overview of dementia, basic skills in communicating with persons with dementia, managing problem behaviors, promoting the client's independence in activities of daily living, and skills in working with families and caregivers.
(B) If an employee has not received this training prior to employment, the agency shall provide, or ensure that the employee receives, the training within the first three months of employment.
Section 44-36-730. (A) An agency shall provide to each of its employees, upon beginning employment, basic written information about interacting with persons with Alzheimer's disease or a related disorder.
(B) In addition to the information required in subsection (A), an agency must provide to an employee who is expected to have, or whose responsibilities require, direct contact with clients with Alzheimer's disease or a related disorder a one hour training session which must include, but is not limited to, an overview of dementia and basic skills in communicating with persons with dementia.
Section 44-36-740. The Alzheimer's Disease and Related Disorders Resource Coordination Center shall approve the one hour and three hour trainings required for employees and direct caregivers under this article. The center must consider for approval training offered in a variety of formats. The center shall keep a list of current providers who are approved to provide the one hour and three hour trainings. The center shall promulgate regulations to establish standards for the trainers and the trainings required pursuant to this article.
Section 44-36-750. Upon completing any training required pursuant to this article, the employee or direct caregiver must be issued a certificate that includes the name of the training provider, the topic covered, the length of the training, the date, and signature of the training provider. The certificate is evidence of completion of training in the identified topic for the specified length of time, and the employee or direct caregiver is not required to repeat that specific training if the employee or direct caregiver changes employment to a different agency."
SECTION 2. The 1976 Code is amended by adding:
"Section 44-7-255. As a condition of licensure, a nursing home and a daycare facility for adults shall comply with the employee information and training requirements provided for in Article 7, Chapter 36, 'The South Carolina Alzheimer's Training Act'."
SECTION 3. The 1976 Code is amended by adding:
"Section 44-69-35. As a condition of licensure, a home health agency shall comply with the employee information and training requirements provided for in Article 7, Chapter 36, 'The South Carolina Alzheimer's Training Act'."
SECTION 4. The 1976 Code is amended by adding:
"Section 44-71-35. As a condition of licensure, a hospice shall comply with the employee information and training requirements provided for in Article 7, Chapter 36, 'The South Carolina Alzheimer's Training Act'."
SECTION 5. This act takes effect upon approval by the Governor.
----XX---- RTICLE 7 SO
AS TO ENACT "THE SOUTH CAROLINA ALZHEIMER'S TRAINING ACT", TO REQUIRE
EMPLOYEES OF NURSING HOMES, DAYCARE FACILITIES FOR ADULTS, HOME HEALTH
AGENCIES, AND HOSPICES TO HAVE INFORMATION AND TRAINING ON ALZHEIMER'S DISEASE
AND OTHER RELATED CONDITIONS, AND TO REQUIRE THE ALZHEIMER'S DISEASE AND
RELATED DISORDERS RESOURCE COORDINATION CENTER TO APPROVE SUCH TRAINING; AND
TO ADD SECTIONS 44-7-255, 44-69-35, AND 44-71-35 SO AS TO REQUIRE NURSING
HOMES, DAYCARE FACILITIES FOR ADULTS, HOME HEALTH AGENCIES, AND HOSPICES,
RESPECTIVELY, TO PROVIDE THIS INFORMATION AND TRAINING AS A CONDITION OF
LICENSURE.
04/10/02 House Introduced and read first time HJ-68
04/10/02 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-68
A BILL
TO AMEND CHAPTER 36, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALZHEIMER'S DISEASE AND RELATED DISORDERS, BY ADDING ARTICLE 7 SO AS TO ENACT "THE SOUTH CAROLINA ALZHEIMER'S TRAINING ACT", TO REQUIRE EMPLOYEES OF NURSING HOMES, DAYCARE FACILITIES FOR ADULTS, HOME HEALTH AGENCIES, AND HOSPICES TO HAVE INFORMATION AND TRAINING ON ALZHEIMER'S DISEASE AND OTHER RELATED CONDITIONS, AND TO REQUIRE THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER TO APPROVE SUCH TRAINING; AND TO ADD SECTIONS 44-7-255, 44-69-35, AND 44-71-35 SO AS TO REQUIRE NURSING HOMES, DAYCARE FACILITIES FOR ADULTS, HOME HEALTH AGENCIES, AND HOSPICES, RESPECTIVELY, TO PROVIDE THIS INFORMATION AND TRAINING AS A CONDITION OF LICENSURE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 36, Title 44 of the 1976 Code is amended by adding:
"Article 7
Alzheimer's Training Act
Section 44-36-700. This article may be cited as the 'South Carolina Alzheimer's Training Act'.
Section 44-36-710. For purposes of this article, 'agency' means:
(1) nursing homes, as defined in Section 44-7-130;
(2) daycare facilities for adults, as defined in Section 44-7-130;
(3) home health agencies, as defined in Section 44-69-30;
(4) hospices, as defined in Section 44-71-20.
Section 44-36-720. (A) An agency which provides direct service to adults shall require each newly hired employee who provides direct care to patients to have had four hours of training in Alzheimer's disease and dementia-related illnesses. This training must include, but is not limited to, an overview of dementia, basic skills in communicating with persons with dementia, managing problem behaviors, promoting the client's independence in activities of daily living, and skills in working with families and caregivers.
(B) If an employee has not received this training prior to employment, the agency shall provide, or ensure that the employee receives, the training within the first three months of employment.
Section 44-36-730. (A) An agency shall provide to each of its employees, upon beginning employment, basic written information about interacting with persons with Alzheimer's disease or a related disorder.
(B) In addition to the information required in subsection (A), an agency must provide to an employee who is expected to have, or whose responsibilities require, direct contact with clients with Alzheimer's disease or a related disorder a one hour training session which must include, but is not limited to, an overview of dementia and basic skills in communicating with persons with dementia.
Section 44-36-740. The Alzheimer's Disease and Related Disorders Resource Coordination Center shall approve the one hour and three hour trainings required for employees and direct caregivers under this article. The center must consider for approval training offered in a variety of formats. The center shall keep a list of current providers who are approved to provide the one hour and three hour trainings. The center shall promulgate regulations to establish standards for the trainers and the trainings required pursuant to this article.
Section 44-36-750. Upon completing any training required pursuant to this article, the employee or direct caregiver must be issued a certificate that includes the name of the training provider, the topic covered, the length of the training, the date, and signature of the training provider. The certificate is evidence of completion of training in the identified topic for the specified length of time, and the employee or direct caregiver is not required to repeat that specific training if the employee or direct caregiver changes employment to a different agency."
SECTION 2. The 1976 Code is amended by adding:
"Section 44-7-255. As a condition of licensure, a nursing home and a daycare facility for adults shall comply with the employee information and training requirements provided for in Article 7, Chapter 36, 'The South Carolina Alzheimer's Training Act'."
SECTION 3. The 1976 Code is amended by adding:
"Section 44-69-35. As a condition of licensure, a home health agency shall comply with the employee information and training requirements provided for in Article 7, Chapter 36, 'The South Carolina Alzheimer's Training Act'."
SECTION 4. The 1976 Code is amended by adding:
"Section 44-71-35. As a condition of licensure, a hospice shall comply with the employee information and training requirements provided for in Article 7, Chapter 36, 'The South Carolina Alzheimer's Training Act'."
SECTION 5. This act takes effect upon approval by the Governor.
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