1135 Waiver for Director of Food and Nutrition Services (Florida)
In September 2022, during a survey of a Long-Term Care community, the surveyor questioned the credentials of the Director of Dietary Services (DDS). The DDS was not a Certified Dining Manager (CDM) but had been a director for over two years. They were also enrolled in a CDM course at the time of the survey. The surveyor was going to cite the community under F-tag 801, 483.60, which states, “If a qualified dietitian or other clinically qualified nutrition professional is not employed full-time, the facility must designate a person to serve as the director of food and nutrition services who is: 1) A certified dietary manager (CDM); or 2) A certified food service manager (CFSM); or 3) Has similar national certification for food service management and safety from a national certifying body; or 4) Has an associate’s or higher degree in food service management or hospitality from an accredited institution of higher learning.” According to these qualifications, the DDS could not be designated as the director of food and nutrition services.
The Federal and State Licensing Team lead called the Crandall RD regarding this concern. The Crandall RD for the community then shared with the surveyor the “1135 Waiver for Director of Food and Nutrition Services” published November 24, 2021, which was enacted due to the COVID-19 Public Health Emergency. This pronouncement waived the requirement for CDM certification until October 17, 2022. The RD also shared the latest certification requirement for the director of food and nutrition services which was part of the Final Rule, effective October 1, 2022. This latest update listed an alternative acceptable certification qualification, “5) Has 2 or more years of experience in the position of director of food and nutrition services in a nursing facility setting and has completed a course of study in food safety and management, by no later than October 1, 2023, that includes topics integral to managing dietary operations including, but not limited to, food-borne illness, sanitation procedures, and food purchasing/receiving.”
After receiving this information, the surveyor did not cite the community.