(a)As used in this Code section, the term:
(1)"Alzheimer's" means having characteristics of Alzheimer's disease, a progressive and degenerative brain disease that causes impairment or change in memory, thinking, or behavior.
(2)"Assisted living community" means a facility licensed pursuant to Code Section 31-7-12.2 .
(3)"Certificate" means a certificate issued by the department pursuant to this Code section to operate a memory care center.
(4)"Dementia" means any disease from a class of degenerative brain disorders that cause impairment or changes in memory, thinking, or behavior that are progressive and irreversible. Such diseases include, but are not limited to, Alzheimer's disease, Lewy body dementia, frontotemporal dementia, and vascular dementia.
(5)"Direct care staff person" me
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(a) As used in this Code section, the term: (1) "Alzheimer's" means having characteristics of Alzheimer's disease, a progressive and degenerative brain disease that causes impairment or change in memory, thinking, or behavior. (2) "Assisted living community" means a facility licensed pursuant to Code Section 31-7-12.2 . (3) "Certificate" means a certificate issued by the department pursuant to this Code section to operate a memory care center. (4) "Dementia" means any disease from a class of degenerative brain disorders that cause impairment or changes in memory, thinking, or behavior that are progressive and irreversible. Such diseases include, but are not limited to, Alzheimer's disease, Lewy body dementia, frontotemporal dementia, and vascular dementia. (5) "Direct care staff person" means any employee, facility volunteer, or contract staff who provides to residents: (A) Any personal services, including but not limited to, medication administration or assistance, assistance with ambulation and transfer, and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting; or (B) Any other limited nursing services, as defined in subsection (b) of Code Section 31-7-12.2 . (6) "Memory care center" means a freestanding or incorporated specialized unit within an assisted living community or personal care home that either: (A) Holds itself out as providing additional or specialized care to persons with diagnoses of probable Alzheimer's or other dementias or with cognitive deficits that may place the resident at risk; or (B) Charges higher rates for care for residents with Alzheimer's or other dementias than for care to other residents. (7) "Personal care home" means a facility licensed pursuant to Code Section 31-7-12 . (b) On and after July 1, 2021, no assisted living community or personal care home shall operate a memory care center without first obtaining a certificate from the department. A certificate issued pursuant to this Code section shall not be assignable or transferable. In order to receive a certificate from the department to operate a memory care center, an applicant shall meet and be subject to the requirements contained in this Code section and in rules and regulations established by the department. (c) (1) A memory care center shall meet the following minimum staffing requirements: (A) One dementia trained direct care staff person for every 12 residents on-site during all waking hours and for every 15 residents on-site during all nonwaking hours based on a monthly average; provided, however, that such ratio is adequate to meet the needs of the residents; (B) One registered professional nurse, licensed practical nurse, or certified medication aide on-site or available in the building at all times; (C) Two direct care staff persons on-site at all times, which may include one licensed registered professional nurse, licensed practical nurse, or certified medication aide, if they remain on-site in the memory care center; and (D) One registered professional nurse or licensed practical nurse on-site or available in the building at all times as follows: (i) For memory care centers with one to 12 residents, a minimum of eight hours per week; (ii) For memory care centers with 13 to 30 residents, a minimum of 16 hours per week; (iii) For memory care centers with 31 to 40 residents, a minimum of 24 hours per week; or (iv) For memory care centers with more than 40 residents, a minimum of 40 hours per week. (2) A memory care center shall meet the following training requirements: (A) All staff, regardless of role, shall receive at least four hours of dementia-specific orientation within the first 30 days of working in the center. Such orientation shall include: (i) Basic information about the nature, progression, and management of Alzheimer's and other dementias; (ii) Techniques for creating an environment that minimizes challenging behavior from residents with Alzheimer's and other dementias; (iii) Methods of identifying and minimizing safety risks to residents with Alzheimer's and other dementias; and (iv) Techniques for successful communication with individuals with Alzheimer's and other dementias; (B) All direct care staff personnel shall receive initial orientation training within the first 30 days of caring for residents independently that, at a minimum, includes: (i) General training, to include: (I) Development, updating, and implementation of comprehensive and individual service plans; (II) Skills for recognizing physical or cognitive changes in the resident that warrant seeking medical attention; (III) Residents' rights and identification of conduct constituting abuse, neglect, or exploitation; (IV) General infection control principles; (V) Emergency preparedness training; (VI) Emergency first aid; and (VII) Cardiopulmonary resuscitation; and (ii) Specialized training in dementia care, to include: (I) The nature of Alzheimer's and other dementias; (II) The center's philosophy related to the care of residents with Alzheimer's and other dementias; (III) The center's policies and procedures related to care of residents with Alzheimer's and other dementias; (IV) Common behavior problems characteristic of residents with Alzheimer's and other dementias; (V) Positive therapeutic interventions and activities; (VI) Skills for maintaining the safety of the resident; and (VII) The role of the family in caring for residents with Alzheimer's and other dementias; (C) Direct care staff personnel shall complete a minimum of 16 hours of specialized training in dementia care within the first 30 days of working independently with residents with Alzheimer's or other dementias, and a minimum of eight hours of such specialized training in dementia care annually thereafter; and (D) The memory care center shall maintain documentation reflecting course content, instructor qualifications, agenda, and attendance rosters for all training sessions provided. (d) The department shall establish such other requirements as deemed necessary to protect the well-being of residents with Alzheimer's and other dementias, which shall include, but shall not be limited to, requirements relating to: (1) Admission policies and procedures, assessment of residents, and development of written care plans; (2) Physical design, environment, and safety measures to accommodate and protect residents; and (3) Measures and protocols to address and prevent the elopement of residents, including appropriate safety devices and maintaining current photographs of residents. (e) The department shall promulgate rules and regulations to implement the provisions of this Code section. (f) In accordance with subsection (b) of Code Section 31-2-7 , the department upon application or petition may, in its discretion, grant variances and waivers of the rules and regulations applicable to memory care centers.