Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1736
       
       
       
       
       
       
                                Barcode 597894                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Budget (Wise) recommended the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 3297 - 3303
    4  and insert:
    5         (2) Every licensed facility licensed under this part is
    6  required to maintain adverse incident reports. For purposes of
    7  this section, the term, “adverse incident” means:
    8         (a) An event over which facility staff personnel could
    9  exercise control rather than as a result of the resident’s
   10  condition and results in:
   11         1. Death;
   12         2. Brain or spinal damage;
   13         3. Permanent disfigurement;
   14         4. Fracture or dislocation of bones or joints;
   15         5. Any condition that required medical attention to which
   16  the resident has not given his or her consent, excluding
   17  proceedings governed by part I of chapter 394, but including
   18  failure to honor advanced directives;
   19         6. Any condition that requires the transfer of the resident
   20  from the facility to a unit providing more acute care due to the
   21  incident rather than the resident’s condition before the
   22  incident; or
   23         7. An event that is reported to law enforcement or its
   24  personnel for investigation; or
   25         (b) Resident elopement, if the elopement places the
   26  resident at risk of harm or injury.
   27         (3) Licensed facilities shall provide within 1 business day
   28  after the occurrence of an adverse incident, by electronic mail,
   29  facsimile, or United States mail, a preliminary report to the
   30  agency on all adverse incidents specified under this section.
   31  The report must include information regarding the identity of
   32  the affected resident, the type of adverse incident, and the
   33  status of the facility’s investigation of the incident.
   34         (3)(4) Licensed facilities shall provide within 15 business
   35  days after the occurrence of an adverse incident, by electronic
   36  mail, facsimile, or United States mail, a full report to the
   37  agency on the all adverse incident, including information
   38  regarding the identity of the affected resident, the type of
   39  adverse incident, and incidents specified in this section. The
   40  report must include the results of the facility’s investigation
   41  into the adverse incident.
   42         (5) Each facility shall report monthly to the agency any
   43  liability claim filed against it. The report must include the
   44  name of the resident, the dates of the incident leading to the
   45  claim, if applicable, and the type of injury or violation of
   46  rights alleged to have occurred. This report is not discoverable
   47  in any civil or administrative action, except in such actions
   48  brought by the agency to enforce the provisions of this part.
   49         (4)(6) Abuse, neglect, or exploitation must be reported to
   50  the Department of Children and Family Services as required under
   51  chapter 415.
   52         (5)(7) The information reported to the agency pursuant to
   53  subsection (3) which relates to persons licensed under chapter
   54  458, chapter 459, chapter 461, chapter 464, or chapter 465 shall
   55  be reviewed by the agency. The agency shall determine whether
   56  any of the incidents potentially involved conduct by a health
   57  care professional who is subject to disciplinary action, in
   58  which case the provisions of s. 456.073 apply. The agency may
   59  investigate, as it deems appropriate, any such incident and
   60  prescribe measures that must or may be taken in response to the
   61  incident. The agency shall review each incident and determine
   62  whether it potentially involved conduct by a health care
   63  professional who is subject to disciplinary action, in which
   64  case the provisions of s. 456.073 apply.
   65         (6)(8) If the agency, through its receipt of the adverse
   66  incident reports prescribed in this part or through any
   67  investigation, has reasonable belief that conduct by a staff
   68  member or employee of a licensed facility is grounds for
   69  disciplinary action by the appropriate board, the agency shall
   70  report this fact to such regulatory board.
   71         (7)(9) The adverse incident report reports and preliminary
   72  adverse incident reports required under this section is are
   73  confidential as provided by law and is are not discoverable or
   74  admissible in any civil or administrative action, except in
   75  disciplinary proceedings by the agency or appropriate regulatory
   76  board.
   77         (8)(10) The Department of Elderly Affairs may adopt rules
   78  necessary to administer this section.
   79  
   80  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   81         And the directory clause is amended as follows:
   82         Delete lines 3291 - 3294
   83  and insert:
   84         Section 78. Subsections (2) through (10) of section 429.23,
   85  Florida Statutes, are amended to read:
   86  
   87  ================= T I T L E  A M E N D M E N T ================
   88         And the title is amended as follows:
   89         Delete line 274
   90  and insert:
   91         exceptions; amending s. 429.23, F.S.; revising
   92         provisions relating to the internal risk management
   93         and quality assurance program and adverse incidents
   94         and reporting requirements; deleting