Bill Text: FL S0784 | 2020 | Regular Session | Introduced
Bill Title: Assisted Living Facilities
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-14 - Died in Health Policy [S0784 Detail]
Download: Florida-2020-S0784-Introduced.html
Florida Senate - 2020 SB 784 By Senator Baxley 12-00456A-20 2020784__ 1 A bill to be entitled 2 An act relating to assisted living facilities; 3 amending s. 429.02, F.S.; conforming a provision to 4 changes made by the act; defining the terms 5 “medication technician” and “point-of-care devices”; 6 amending s. 429.26, F.S.; providing that the owner or 7 administrator of a facility is responsible for 8 arranging medical evaluations and reevaluations of 9 individuals admitted to or residing in the facility to 10 assess the appropriateness of admission or continued 11 residence; requiring such evaluations and 12 reevaluations to be based on a medical examination 13 report that was conducted by a licensed physician, a 14 licensed physician assistant, or a licensed nurse 15 practitioner within a specified timeframe; requiring 16 the medical examination report to be recorded as 17 required by Agency for Health Care Administration 18 rule; requiring the owner or administrator of a 19 facility to ensure all relevant information requested 20 is provided on a medical examination report; providing 21 immunity from liability for facility owners and 22 administrators in certain circumstances; amending s. 23 429.29, F.S.; making the results of certain agency 24 surveys inadmissible in certain civil proceedings, 25 with exceptions; amending s. 429.52, F.S.; providing 26 for minimum requirements and specifications for 27 training of medication technicians; requiring the 28 agency to authorize online materials and courses to be 29 used for such training; providing for examination and 30 certification of medication technicians after they 31 complete an online training course; requiring the 32 agency to post approved courses and certified trainers 33 on its website; requiring the agency to maintain and 34 update a list of approved point-of-care devices; 35 requiring the agency to establish training 36 requirements for staff and supervision of residents’ 37 use of point-of-care devices in a licensed facility; 38 providing an effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1. Present subsections (15) through (18) of section 43 429.02, Florida Statutes, are redesignated as subsections (16) 44 through (19), respectively, present subsections (19) through 45 (27) are redesignated as subsections (21) through (29), 46 respectively, subsection (11) is amended, and new subsections 47 (15) and (20) are added to that section, to read: 48 429.02 Definitions.—When used in this part, the term: 49 (11) “Extended congregate care” means acts beyond those 50 authorized in subsection (18) which(17)thatmay be performed 51 pursuant to part I of chapter 464 by persons licensed thereunder 52 while carrying out their professional duties, and other 53 supportive services thatwhichmay be specified by rule. The 54 purpose of such services is to enable residents to age in place 55 in a residential environment despite mental or physical 56 limitations that might otherwise disqualify them from residency 57 in a facility licensed under this part. 58 (15) “Medication technician” means an unlicensed staff 59 member who has completed 6 hours of training approved by the 60 agency and provided by an agency-certified trainer. A medication 61 technician may provide assistance with a resident’s self 62 administration of medications and with point-of-care devices. 63 (20) “Point-of-care devices” means testing equipment 64 designed and approved to be used by the resident with assistance 65 and supervision from trained staff to help gather, collect, and 66 record information regarding the resident’s condition. 67 Section 2. Subsections (1) and (4) of section 429.26, 68 Florida Statutes, are amended to read: 69 429.26 Appropriateness of placements; examinations of 70 residents.— 71 (1) The owner or administrator of a facility is responsible 72 for arranging a medical evaluation to determinedeterminingthe 73 appropriateness of admission of an individual to the facility 74 and for arranging a medical reevaluation at least annually, or 75 whenever a significant change in the individual’s condition is 76 observed and reported to the administrator, to determine 77determiningthecontinuedappropriateness of an individual’s 78 continued residenceof an individualin the facility. A 79 determination mustshallbe based upon an assessment of the 80 strengths, needs, and preferences of the resident, the care and 81 services offered or arranged for by the facility in accordance 82 with facility policy, and any limitations in law or rule related 83 to admission criteria or continued residency for the type of 84 license held by the facility under this part. The owner or 85 administrator shall base his or her determination of the 86 appropriateness of the initial and continued placement of an 87 individual in a facility on a medical examination report that 88 was completed within 60 days before admission by a licensed 89 physician, a licensed physician assistant, or a licensed nurse 90 practitioner. A resident may not be moved from one facility to 91 another without consultation with and agreement from the 92 resident or, if applicable, the resident’s representative or 93 designee or the resident’s family, guardian, surrogate, or 94 attorney in fact. In the case of a resident who has been placed 95 by the department or the Department of Children and Families, 96 the administrator must notify the appropriate contact person in 97 the applicable department. 98 (4)If possible,Each resident shall have been examined by 99 a licensed physician, a licensed physician assistant, or a 100 licensed nurse practitioner within 60 days before admission to 101 the facility. The signed and completed medical examination 102 report, which must be recorded as required by agency rule, must 103shallbe submitted to the owner or administrator of the 104 facility, who shall use the information providedcontained105thereinto assist in the determination of the appropriateness of 106 the resident’s admission and continued stay in the facility. The 107 owner or administrator shall ensure that all relevant 108 information required is included in the medical examination 109 report. An owner or administrator who obtains the medical 110 examination report and verifies its completeness is not 111 personally liable in any administrative, civil, or criminal 112 action for any error in determining whether an individual is 113 appropriate for admission or continued residency. The medical 114 examination report becomesshall become a permanentpart of the 115 permanent record of the resident at the facility and mustshall116 be made available to the agency during inspection or upon 117 request. An assessment that has been completed through the 118 Comprehensive Assessment and Review for Long-Term Care Services 119 (CARES) Program fulfills the requirements for a medical 120 examination under this subsection and s. 429.07(3)(b)6. 121 Section 3. Subsection (8) is added to section 429.29, 122 Florida Statutes, to read: 123 429.29 Civil actions to enforce rights.— 124 (8) In any claim brought pursuant to this section, the 125 results of an agency survey conducted pursuant to this chapter 126 are not admissible as evidence in the proceedings unless: 127 (a) A deficiency identified by the agency led to or caused 128 harm to a resident who is the subject of the claim; or 129 (b) A licensee is using the absence of a deficiency finding 130 by the agency to refute an allegation of neglect or 131 noncompliance with regulatory standards. 132 Section 4. Subsection (6) of section 429.52, Florida 133 Statutes, is amended to read: 134 429.52 Staff training and educational programs; core 135 educational requirement.— 136 (6) Medication techniciansStaff involved with the137management of medications and assisting with the self138administration of medications under s. 429.256must complete a 139 minimum of 6 additional hours of training provided by a 140 registered nurse, a licensed pharmacist, or agency staff. The 141 agency shall establish by rule the minimum requirements of 142 medication technicianthis additionaltraining, which shall 143 address infection control, safe handling and use of point-of 144 care devices, communicating with case managers and health care 145 providers, and methods of assisting residents with the self 146 administration of medications. The agency shall authorize 147 approved training for medication technicians to be conducted 148 using online materials and courses approved by the agency. An 149 online training course must conclude with the trainee taking an 150 end-of-course exam. The course must provide a certificate with a 151 passing exam score on the document and provide a unique 152 certification number for the trainee. The agency shall post on 153 its website approved courses and certified trainers approved to 154 offer medication technician training. The agency shall maintain 155 a list of approved point-of-care devices which is updated as new 156 technologies make additional devices available. The agency shall 157 establish requirements for training staff and supervising 158 residents’ use of point-of-care devices in a licensed facility. 159 Section 5. This act shall take effect July 1, 2020.