(1) Pursuant to article 4 of title 24, C.R.S., the state board shall adopt rules for the administration of this part 3.
(1.5) The rules adopted by the state board pursuant to subsection (1) of this section shall include the following provisions concerning adult day care facilities:
(a) A definition of a restricted environment and a restrictive egress alert device;
(b) Parameters governing how the restrictive egress alert device shall be used and tested and the staff roles regarding the use and oversight of the device; and
(c) Parameters governing a restricted environment, including but not limited to staffing and training requirements; appropriateness of placement; assessment; participant's rights; records and reporting requirements; building requirements including grounds and fire safety; restrictive egress alert systems and devices; fencing or other enclosures; and the application process to offer a restricted environment.
(2) The state department is authorized to seek any necessary federal authorization to implement the provisions of this part 3.
Source: L. 2006: Entire article added with relocations, p. 1942, � 7, effective July 1. L. 2010: (1.5) added, (HB 10-1053), ch. 276, p. 1267, � 4, effective May 26.
Editor's note: This section is similar to former � 26-4-612 as it existed prior to 2006.
Cross references: For the legislative declaration in the 2010 act adding subsection (1.5), see section 1 of chapter 1267, Session Laws of Colorado 2010.
25.5-6-314. Training for staff providing direct-care services to members with dementia - rules - definitions. (1) As used in this section:
(a) Covered facility means a nursing care facility or an assisted living residence licensed by the department of public health and environment 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 members of an adult day care facility and whose work involves regular contact with members who are living with dementia diseases and related disabilities.
(d) Staff member means an individual, other than a volunteer, who is employed by an adult day care facility.
(2) By July 1, 2024, the state board shall adopt rules requiring all direct-care staff members to obtain dementia training pursuant to curriculum prescribed or approved by the state department in collaboration with stakeholders that is consistent with the rules adopted pursuant to this subsection (2). 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 all direct-care staff to obtain:
(I) At least four hours of initial dementia training, which must be completed as follows:
(A) For all direct-care staff members hired by or who start providing direct-care services at an adult day care facility on or after the effective date of the dementia training requirement specified in the rules, unless an exception established pursuant to subsection (2)(e) of this section applies, the 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) For all direct-care staff members hired by or providing direct-care services at an adult day care facility before the effective date of the dementia training requirement specified in the rules, unless an exception established pursuant to subsection (2)(e) of this section applies, the 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 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 adult day care facility than the adult day care facility through which the direct-care staff member received the training or moves to a covered facility after receiving the training through an adult day care facility;
(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 an adult day care 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 an adult day care 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 state department to verify compliance with this section and the rules adopted by the state board pursuant to this section; and
(h) Any other matters the state board deems necessary to implement this section.
Source: L. 2022: Entire section added, (SB 22-079), ch. 282, p. 2029, � 3, effective August 10. L. 2024: (1)(c) amended, (SB 24-176), ch. 152, p. 666, � 82, effective August 7.
Cross references: For the legislative declaration in SB 22-079, see section 1 of chapter 282, Session Laws of Colorado 2022.