Senate Bill sb2136c1

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    Florida Senate - 2005                           CS for SB 2136

    By the Committee on Children and Families; and Senator Baker





    586-1925-05

  1                      A bill to be entitled

  2         An act relating to the administration of

  3         medication; amending s. 393.506, F.S.;

  4         authorizing certain staff members to administer

  5         prescription medications under the supervision

  6         of a registered nurse to persons with

  7         developmental disabilities at a comprehensive

  8         transitional education program; directing the

  9         Agency for Persons with Disabilities to adopt

10         rules to implement s. 393.506, F.S.; providing

11         an effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Section 393.506, Florida Statutes, is

16  amended to read:

17         393.506  Administration of medication.--

18         (1)  Notwithstanding the provisions of part I of

19  chapter 464, the Nurse Practice Act, unlicensed direct care

20  services staff providing services to persons with

21  developmental disabilities may administer oral, transdermal,

22  inhaled, or topical prescription medications as provided in

23  this section.

24         (a)  For day habilitation services programs, as defined

25  in s. 393.063, the director of the facility or program shall

26  designate in writing unlicensed direct care services staff who

27  are eligible to be trained to assist in the administration of

28  or to administer medication.

29         (b)  For intermediate care facilities for the

30  developmentally disabled licensed pursuant to part XI of

31  chapter 400, unlicensed staff designated by the director may

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    Florida Senate - 2005                           CS for SB 2136
    586-1925-05




 1  provide medication assistance under the general supervision of

 2  a registered nurse licensed pursuant to chapter 464.

 3         (2)  Notwithstanding part I of chapter 464, the Nurse

 4  Practice Act, unlicensed direct care staff who provide

 5  services to persons with developmental disabilities in a

 6  comprehensive transitional education program licensed pursuant

 7  to s. 393.067 and who are designated by the director of such

 8  program may administer, or assist in the administration of,

 9  oral, otic, transdermal, opthalmic, inhaled, rectal, or

10  topical prescription medications under the general supervision

11  of a registered nurse licensed pursuant to chapter 464 as

12  provided in this section.

13         (3)(2)  Each facility, institution, or program must

14  include in its policies and procedures a plan for training

15  designated staff to ensure the safe handling, storage, and

16  administration of prescription medication. These policies and

17  procedures must be approved by the agency before unlicensed

18  direct care services staff assist with medication.

19         (4)(3)  The policies and procedures must include, at a

20  minimum, the following provisions:

21         (a)  An expressed and informed consent for each client.

22         (b)  The director of the facility, program, or provider

23  must maintain a copy of the written prescription, and that

24  prescription must include the name of the medication, the

25  dosage and administration schedule, the reason for the

26  prescription, and the termination date.

27         (c)  Each prescribed medication shall be kept in its

28  original container and in a secure location.

29         (5)(4)  The training required in this section shall be

30  conducted by a registered nurse or a physician licensed

31  pursuant to chapter 458 or chapter 459.

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    Florida Senate - 2005                           CS for SB 2136
    586-1925-05




 1         (6)  The Agency for Persons with Disabilities shall

 2  adopt rules to implement this section.

 3         Section 2.  This act shall take effect upon becoming a

 4  law.

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 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                         Senate Bill 2136

 8                                 

 9  Changes the reference from "day programs" to "day habitation
    services" for the purpose of s. 393.506, F.S., providing an
10  exception to the Nurse Practice Act.

11  Corrects references to the routes by which direct care staff
    may administer medication by replacing the word "aural" with
12  "otic" and "optical" with "ophthalmic".

13  Directs the Agency for Persons with Disabilities to adopt
    rules to implement s. 393.506, F.S., administration of
14  medication.

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