Bill Text: FL S0700 | 2022 | Regular Session | Comm Sub

Bill Title: Delegation of Medication Administration

Spectrum: Bipartisan Bill

Status: (Failed) 2022-03-14 - Died in Judiciary [S0700 Detail]

Download: Florida-2022-S0700-Comm_Sub.html
       Florida Senate - 2022                              CS for SB 700
       By the Committee on Health Policy; and Senator Burgess
       588-02927-22                                           2022700c1
    1                        A bill to be entitled                      
    2         An act relating to the delegation of medication
    3         administration; amending s. 400.506, F.S.; requiring
    4         licensed nurse registries to ensure specified
    5         requirements are met if they allow registered nurses
    6         to delegate certain tasks to certified nursing
    7         assistants or home health aides; amending s. 464.0156,
    8         F.S.; authorizing registered nurses to delegate to
    9         certified nursing assistants and home health aides the
   10         administration of certain medications to nurse
   11         registry patients and patients in county detention
   12         facilities under certain circumstances; amending s.
   13         464.2035, F.S.; authorizing certified nursing
   14         assistants to administer certain medication to nurse
   15         registry patients and patients in county detention
   16         facilities under certain circumstances; conforming a
   17         provision to changes made by the act; providing an
   18         effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Subsection (7) of section 400.506, Florida
   23  Statutes, is amended to read:
   24         400.506 Licensure of nurse registries; requirements;
   25  penalties.—
   26         (7) A person who is referred by a nurse registry for
   27  contract in private residences and who is not a nurse licensed
   28  under part I of chapter 464 may perform only those services or
   29  care to clients that the person has been certified to perform or
   30  trained to perform as required by law or rules of the Agency for
   31  Health Care Administration or the Department of Business and
   32  Professional Regulation. Providing services beyond the scope
   33  authorized under this subsection constitutes the unauthorized
   34  practice of medicine or a violation of the Nurse Practice Act
   35  and is punishable as provided under chapter 458, chapter 459, or
   36  part I of chapter 464. If a licensed nurse registry authorizes a
   37  registered nurse to delegate tasks, including medication
   38  administration, to a certified nursing assistant pursuant to
   39  chapter 464 or to a home health aide pursuant to s. 400.490, the
   40  licensed nurse registry must ensure that such delegation meets
   41  the requirements of this chapter and chapter 464 and the rules
   42  adopted thereunder.
   43         Section 2. Subsection (2) of section 464.0156, Florida
   44  Statutes, is amended to read:
   45         464.0156 Delegation of duties.—
   46         (2) A registered nurse may delegate to a certified nursing
   47  assistant or a home health aide the administration of oral,
   48  transdermal, ophthalmic, otic, rectal, inhaled, enteral, or
   49  topical prescription medications to a patient of a home health
   50  agency or nurse registry or to a patient in a county detention
   51  facility as defined in s. 951.23(1), if the certified nursing
   52  assistant or home health aide meets the requirements of s.
   53  464.2035 or s. 400.489, respectively. A registered nurse may not
   54  delegate the administration of any controlled substance listed
   55  in Schedule II, Schedule III, or Schedule IV of s. 893.03 or 21
   56  U.S.C. s. 812.
   57         Section 3. Subsections (1) and (3) of section 464.2035,
   58  Florida Statutes, are amended to read:
   59         464.2035 Administration of medication.—
   60         (1) A certified nursing assistant may administer oral,
   61  transdermal, ophthalmic, otic, rectal, inhaled, enteral, or
   62  topical prescription medication to a patient of a home health
   63  agency or nurse registry or to a patient in a county detention
   64  facility as defined in s. 951.23(1) if the certified nursing
   65  assistant has been delegated such task by a registered nurse
   66  licensed under part I of this chapter, has satisfactorily
   67  completed an initial 6-hour training course approved by the
   68  board, and has been found competent to administer medication to
   69  a patient in a safe and sanitary manner. The training,
   70  determination of competency, and initial and annual validation
   71  required under this section must be conducted by a registered
   72  nurse licensed under this chapter or a physician licensed under
   73  chapter 458 or chapter 459.
   74         (3) The board, in consultation with the Agency for Health
   75  Care Administration, shall establish by rule standards and
   76  procedures that a certified nursing assistant must follow when
   77  administering medication to a patient of a home health agency or
   78  nurse registry. Such rules must, at a minimum, address
   79  qualification requirements for trainers, requirements for
   80  labeling medication, documentation and recordkeeping, the
   81  storage and disposal of medication, instructions concerning the
   82  safe administration of medication, informed-consent requirements
   83  and records, and the training curriculum and validation
   84  procedures.
   85         Section 4. This act shall take effect July 1, 2022.