Colorado § 25-1.5-118 - Training for staff providing direct-care services to residents with dementia - rules - definitions.

§ 25-1.5-118. Training for staff providing direct-care services to residents with dementia - rules - definitions.

(1) By January 1, 2024, the state board of health shall adopt rules requiring covered facilities to provide dementia training for direct-care staff members. The rules must specify the following, at a minimum:

(a) The date on which the dementia training requirement is effective;

(b) The length and frequency of the dementia training, which must be competency-based and must require a covered facility to provide:

(I) At least four hours of initial dementia training for:

(A) All direct-care staff members hired by or who start providing direct-care services at a covered facility on or after the effective date of the dementia training requirement specified in the rules, unless an exception established pursuant to subsection (1)(e) of this section applies, which training must be completed within one hundred twenty days after the start of employment or the provision of direct-care services, as applicable; and

(B) All direct-care staff members hired by or providing direct-care services at a covered facility before the effective date of the dementia training requirement specified in the rules, unless an exception established pursuant to subsection (1)(e) of this section applies, which training must be completed within one hundred twenty days after the effective date of the dementia training requirement specified in the rules; and

(II) At least two hours of continuing education on dementia topics for all direct-care staff members every two years. The continuing education must include current information on best practices in the treatment and care of persons living with dementia diseases and related disabilities.

(c) The content of the initial dementia training, which must be culturally competent and include the following topics:

(I) Dementia diseases and related disabilities;

(II) Person-centered care;

(III) Care planning;

(IV) Activities of daily living; and

(V) Dementia-related behaviors and communication;

(d) The method of demonstrating completion of the required dementia training and continuing education and of exempting a direct-care staff member from the required dementia training if the direct-care staff member moves to a different covered facility than the covered facility through which the direct-care staff member received the training. For purposes of this subsection (1)(d), "covered facility" includes an adult day care facility as defined in section 25.5-6-303 (1).

(e) An exception to the initial dementia training requirements for:

(I) A direct-care staff member hired by or who starts providing direct-care services at a covered facility on or after the effective date of the dementia training requirement specified in the rules who has:

(A) Completed an equivalent dementia training program within the twenty-four months immediately preceding the effective date of the dementia training requirement specified in the rules; and

(B) Provided proof of satisfactory completion of the training program; and

(II) A direct-care staff member hired by or providing direct-care services at a covered facility before the effective date of the dementia training requirement specified in the rules who has:

(A) Received equivalent training, as defined in the rules, within the twenty-four months immediately preceding the effective date of the dementia training requirement specified in the rules; and

(B) Provided proof of satisfactory completion of the training program;

(f) Minimum requirements for individuals conducting the dementia training;

(g) A process for the department to verify compliance with this section and the rules adopted by the state board of health pursuant to this section;

(h) A requirement that covered facilities provide the dementia training and continuing education programs to direct-care staff members at no cost to the staff members; and

(i) Any other matters the state board of health deems necessary to implement this section.

(2) The department shall encourage covered facilities and dementia training providers to explore and apply for available gifts, grants, and donations from state and federal public and private sources to support the development and implementation of dementia training programs.

(3) As used in this section:

(a) "Covered facility" means a nursing care facility or an assisted living residence licensed by the department pursuant to section 25-1.5-103 (1)(a).

(b) "Dementia diseases and related disabilities" has the same meaning as set forth in section 25-1-502 (2.5).

(c) "Direct-care staff member" means a staff member caring for the physical, emotional, or mental health needs of residents in a covered facility and whose work involves regular contact with residents who are living with dementia diseases and related disabilities.

(d) "Staff member" means an individual, other than a volunteer, who is employed by a covered facility.

Source: L. 2022: Entire section added, (SB 22-079), ch. 282, p. 2027, § 2, effective August 10.

Cross references: For the legislative declaration in SB 22-079, see section 1 of chapter 282, Session Laws of Colorado 2022.