First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0497.01 Brita Darling HOUSE BILL 11-1194 HOUSE SPONSORSHIP Fields, SENATE SPONSORSHIP (None), House Committees Senate Committees Health and Environment A BILL FOR AN ACT Concerning the development of a voluntary certification process for training in dementia care. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Contingent upon the receipt of sufficient gifts, grants, and donations, the Colorado Alzheimer's coordinating council (council) will develop a proposal for a statewide Alzheimer's disease and dementia care training certification program (certification program). The council will create a committee (committee) that will include certain members of the council, as well as other members to assist in developing the certification program. The committee may include members representing the department of public health and environment, the state board of nursing, and a member representing the department of regulatory agencies. Among the issues the committee will consider in developing recommendations for the certification program, the committee will consider the criteria for certification, as well as the agency responsible for the certification program and funding for the certification program. On or before November 1, 2011, the committee will prepare a written report concerning its recommendation for the certification program, and the council will submit the report to the governor, and to the health and human services committee of the senate and the health and environment committee of the house of representatives. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds that: (a) According to the final report of the Colorado Alzheimer's coordinating council, hereinafter referred to as "the council", more than 110,000 Coloradans are projected to have Alzheimer's disease by 2025; (b) The council identified dementia-specific training for family caregivers, health care workers, and facility staff as a significant need related to appropriately treating this emerging patient population. Specific training in Alzheimer's disease and other dementias is critical because of the unique nature of symptoms and the management of the disease. (c) The council strongly recommended the creation of a state certification for training in Alzheimer's disease and dementia care for facilities, agencies, and individuals; (d) The creation of an Alzheimer's disease and dementia care training certification program will stimulate dementia-specific training by caregivers and health care workers across the state; and (e) Alzheimer's disease and dementia care training certification will provide valuable information to Colorado health care consumers concerning the availability of Alzheimer's disease and dementia-specific care. (2) Therefore, the general assembly declares that it is appropriate for the council, with input from additional members of the public, to develop the process and criteria for a statewide Alzheimer's disease and dementia care training certification program for facilities, agencies, and individuals and make recommendations for implementation of the certification program. SECTION 2. 25-39-105 (1), Colorado Revised Statutes, is amended, and the said 25-39-105 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 25-39-105. Council duties and responsibilities - assessment of Alzheimer's disease - development of plan. (1) The council shall: (a) Assess the current and future impact of Alzheimer's disease on the residents of Colorado; (b) Solicit and gather information necessary for review and discussion by the council; (c) Gather feedback from individuals and families affected by Alzheimer's disease as well as from the general public; (d) Review the availability of existing industries, services, and resources addressing the needs of individuals with Alzheimer's disease, their families, and their caregivers; (e) Develop a strategy to mobilize a state response to the increasing incidence of Alzheimer's disease in Colorado; (f) Consider other issues related to Alzheimer's disease that are identified by the council; (g) Formulate a comprehensive state plan for addressing Alzheimer's disease that includes a short- and long-term plan for confronting the challenges presented by the rapid growth in the Alzheimer's disease population; and (h) Submit a report of its findings and date-specific recommendations for statutory, administrative rule, and procedure changes to the governor, general assembly, and participating state departments in the form of a Colorado state plan for Alzheimer's disease; and (i) Pursuant to subsection (2.5) of this section, and conditioned upon receipt of sufficient gifts, grants, and donations, no later than November 1, 2011, recommend a proposal for a statewide Alzheimer's disease and dementia care training certification program, referred to in this section as the "training certification program", for the care of persons with Alzheimer's disease and dementia and recommendations for implementation of the training certification program. (2.5) (a) Conditioned upon receipt of sufficient gifts, grants, and donations, the council shall establish a subcommittee of its members and others, referred to in this subsection (2.5) as the "committee", to develop the recommendations for the training certification program. (b) The committee shall be appointed by the chair and vice-chair of the council and shall include any necessary council members and others to assist in developing the training certification program, which other members may include, but need not be limited to: (I) A member or members representing the department of public health and environment that work in the area of hospital and health facility licensing; (II) A member representing the division of registrations in the department of regulatory agencies; (III) A member or members representing the state board of nursing. (c) In developing the recommendations for the training certification program, the committee shall consider, at a minimum, the following issues: (I) The standards for training curriculum and how curriculum would be approved; (II) Whether the training certification program will apply to facilities or agencies or to individual staff members or any combination thereof; (III) The percentage of facility or agency staff who shall receive training in order for the facility or agency to qualify for the training certification program, how employee turnover will affect certification, and the timeline for training new and existing employees; (IV) The agency or organization that shall provide oversight or review of the training certification program; (V) The time frame for implementation of the training certification program with respect to facilities, agencies, and individuals, including any recommendation for a tiered implementation of the training certification program; (VI) How information concerning a facility's, agency's, or individual's Alzheimer's disease and dementia care training certification shall be made available to interested persons; and (VII) How to fund any costs associated with the training certification program. (d) The committee shall prepare a written report concerning the recommendations for the training certification program proposed by the committee, including the proposed time frame for implementation of the training certification program and any legislation necessary to implement the training certification program. The council shall submit the committee's written report pursuant to the provisions of section 25-39-106 (3). SECTION 3. 25-39-106, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 25-39-106. Council report - joint legislative meeting. (3) No later than November 1, 2011, the council shall submit a written report to the health and human services committee of the senate, or any successor committee, the health and environment committee of the house of representatives, or any successor committee, and the governor concerning a statewide Alzheimer's disease and dementia care training certification program proposed by a committee of the council pursuant to section 25-39-105 (2.5), including the proposed time frame for implementation of the training certification program and any legislation necessary to implement the training certification program. SECTION 4. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.