Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7113, 2nd Eng.
       
       
       
       
       
       
                                Ì356888lÎ356888                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 18/AD/2R         .                                
             05/01/2014 12:29 PM       .                                
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       Senator Garcia moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 2509 and 2510
    4  insert:
    5         Section 39. Part XI of chapter 400, Florida Statutes,
    6  consisting of sections 400.997 through 400.9985, is created to
    7  read:
    8                               PART XI                             
    9                   TRANSITIONAL LIVING FACILITIES                  
   10         400.997 Legislative intent.—It is the intent of the
   11  Legislature to provide for the licensure of transitional living
   12  facilities and require the development, establishment, and
   13  enforcement of basic standards by the Agency for Health Care
   14  Administration to ensure quality of care and services to clients
   15  in transitional living facilities. It is the policy of the state
   16  that the least restrictive appropriate available treatment be
   17  used based on the individual needs and best interest of the
   18  client, consistent with optimum improvement of the client’s
   19  condition. The goal of a transitional living program for persons
   20  who have brain or spinal cord injuries is to assist each person
   21  who has such an injury to achieve a higher level of independent
   22  functioning and to enable the person to reenter the community.
   23  It is also the policy of the state that the restraint or
   24  seclusion of a client is justified only as an emergency safety
   25  measure used in response to danger to the client or others. It
   26  is therefore the intent of the Legislature to achieve an ongoing
   27  reduction in the use of restraint or seclusion in programs and
   28  facilities that serve persons who have brain or spinal cord
   29  injuries.
   30         400.9971 Definitions.—As used in this part, the term:
   31         (1) “Agency” means the Agency for Health Care
   32  Administration.
   33         (2) “Chemical restraint” means a pharmacologic drug that
   34  physically limits, restricts, or deprives a person of movement
   35  or mobility, is used for client protection or safety, and is not
   36  required for the treatment of medical conditions or symptoms.
   37         (3) “Client’s representative” means the parent of a child
   38  client or the client’s guardian, designated representative,
   39  designee, surrogate, or attorney in fact.
   40         (4) “Department” means the Department of Health.
   41         (5) “Physical restraint” means a manual method to restrict
   42  freedom of movement of or normal access to a person’s body, or a
   43  physical or mechanical device, material, or equipment attached
   44  or adjacent to the person’s body that the person cannot easily
   45  remove and that restricts freedom of movement of or normal
   46  access to the person’s body, including, but not limited to, a
   47  half-bed rail, a full-bed rail, a geriatric chair, or a Posey
   48  restraint. The term includes any device that is not specifically
   49  manufactured as a restraint but is altered, arranged, or
   50  otherwise used for this purpose. The term does not include
   51  bandage material used for the purpose of binding a wound or
   52  injury.
   53         (6) “Seclusion” means the physical segregation of a person
   54  in any fashion or the involuntary isolation of a person in a
   55  room or area from which the person is prevented from leaving.
   56  Such prevention may be accomplished by imposition of a physical
   57  barrier or by action of a staff member to prevent the person
   58  from leaving the room or area. For purposes of this part, the
   59  term does not mean isolation due to a person’s medical condition
   60  or symptoms.
   61         (7) “Transitional living facility” means a site where
   62  specialized health care services are provided to persons who
   63  have brain or spinal cord injuries, including, but not limited
   64  to, rehabilitative services, behavior modification, community
   65  reentry training, aids for independent living, and counseling.
   66         400.9972 License required; fee; application.—
   67         (1) The requirements of part II of chapter 408 apply to the
   68  provision of services that require licensure pursuant to this
   69  part and part II of chapter 408 and to entities licensed by or
   70  applying for licensure from the agency pursuant to this part. A
   71  license issued by the agency is required for the operation of a
   72  transitional living facility in this state. However, this part
   73  does not require a provider licensed by the agency to obtain a
   74  separate transitional living facility license to serve persons
   75  who have brain or spinal cord injuries as long as the services
   76  provided are within the scope of the provider’s license.
   77         (2) In accordance with this part, an applicant or a
   78  licensee shall pay a fee for each license application submitted
   79  under this part. The license fee shall consist of a $4,588
   80  license fee and a $90 per-bed fee per biennium and shall conform
   81  to the annual adjustment authorized in s. 408.805.
   82         (3) An applicant for licensure must provide:
   83         (a) The location of the facility for which the license is
   84  sought and documentation, signed by the appropriate local
   85  government official, which states that the applicant has met
   86  local zoning requirements.
   87         (b) Proof of liability insurance as defined in s.
   88  624.605(1)(b).
   89         (c) Proof of compliance with local zoning requirements,
   90  including compliance with the requirements of chapter 419 if the
   91  proposed facility is a community residential home.
   92         (d) Proof that the facility has received a satisfactory
   93  firesafety inspection.
   94         (e) Documentation that the facility has received a
   95  satisfactory sanitation inspection by the county health
   96  department.
   97         (4) The applicant’s proposed facility must attain and
   98  continuously maintain accreditation by an accrediting
   99  organization that specializes in evaluating rehabilitation
  100  facilities whose standards incorporate licensure regulations
  101  comparable to those required by the state. An applicant for
  102  licensure as a transitional living facility must acquire
  103  accreditation within 12 months after issuance of an initial
  104  license. The agency shall accept the accreditation survey report
  105  of the accrediting organization in lieu of conducting a
  106  licensure inspection if the standards included in the survey
  107  report are determined by the agency to document that the
  108  facility substantially complies with state licensure
  109  requirements. Within 10 days after receiving the accreditation
  110  survey report, the applicant shall submit to the agency a copy
  111  of the report and evidence of the accreditation decision as a
  112  result of the report. The agency may conduct an inspection of a
  113  transitional living facility to ensure compliance with the
  114  licensure requirements of this part, to validate the inspection
  115  process of the accrediting organization, to respond to licensure
  116  complaints, or to protect the public health and safety.
  117         400.9973 Client admission, transfer, and discharge.—
  118         (1) A transitional living facility shall have written
  119  policies and procedures governing the admission, transfer, and
  120  discharge of clients.
  121         (2) The admission of a client to a transitional living
  122  facility must be in accordance with the licensee’s policies and
  123  procedures.
  124         (3) A client admitted to a transitional living facility
  125  must have a brain or spinal cord injury, such as a lesion to the
  126  spinal cord or cauda equina syndrome, with evidence of
  127  significant involvement of at least two of the following
  128  deficits or dysfunctions:
  129         (a) A motor deficit.
  130         (b) A sensory deficit.
  131         (c) Bowel and bladder dysfunction.
  132         (d) An acquired internal or external injury to the skull,
  133  the brain, or the brain’s covering, whether caused by a
  134  traumatic or nontraumatic event, which produces an altered state
  135  of consciousness or an anatomic motor, sensory, cognitive, or
  136  behavioral deficit.
  137         (4) A client whose medical condition and diagnosis do not
  138  positively identify a cause of the client’s condition, whose
  139  symptoms are inconsistent with the known cause of injury, or
  140  whose recovery is inconsistent with the known medical condition
  141  may be admitted to a transitional living facility for evaluation
  142  for a period not to exceed 90 days.
  143         (5) A client admitted to a transitional living facility
  144  must be admitted upon prescription by a licensed physician,
  145  physician assistant, or advanced registered nurse practitioner
  146  and must remain under the care of a licensed physician,
  147  physician assistant, or advanced registered nurse practitioner
  148  for the duration of the client’s stay in the facility.
  149         (6) A transitional living facility may not admit a person
  150  whose primary admitting diagnosis is mental illness or an
  151  intellectual or developmental disability.
  152         (7) A person may not be admitted to a transitional living
  153  facility if the person:
  154         (a) Presents significant risk of infection to other clients
  155  or personnel. A health care practitioner must provide
  156  documentation that the person is free of apparent signs and
  157  symptoms of communicable disease;
  158         (b) Is a danger to himself or herself or others as
  159  determined by a physician, physician assistant, or advanced
  160  registered nurse practitioner or a mental health practitioner
  161  licensed under chapter 490 or chapter 491, unless the facility
  162  provides adequate staffing and support to ensure patient safety;
  163         (c) Is bedridden; or
  164         (d) Requires 24-hour nursing supervision.
  165         (8) If the client meets the admission criteria, the medical
  166  or nursing director of the facility must complete an initial
  167  evaluation of the client’s functional skills, behavioral status,
  168  cognitive status, educational or vocational potential, medical
  169  status, psychosocial status, sensorimotor capacity, and other
  170  related skills and abilities within the first 72 hours after the
  171  client’s admission to the facility. An initial comprehensive
  172  treatment plan that delineates services to be provided and
  173  appropriate sources for such services must be implemented within
  174  the first 4 days after admission.
  175         (9) A transitional living facility shall develop a
  176  discharge plan for each client before or upon admission to the
  177  facility. The discharge plan must identify the intended
  178  discharge site and possible alternative discharge sites. For
  179  each discharge site identified, the discharge plan must identify
  180  the skills, behaviors, and other conditions that the client must
  181  achieve to be eligible for discharge. A discharge plan must be
  182  reviewed and updated as necessary but at least once monthly.
  183         (10) A transitional living facility shall discharge a
  184  client as soon as practicable when the client no longer requires
  185  the specialized services described in s. 400.9971(7), when the
  186  client is not making measurable progress in accordance with the
  187  client’s comprehensive treatment plan, or when the transitional
  188  living facility is no longer the most appropriate and least
  189  restrictive treatment option.
  190         (11) A transitional living facility shall provide at least
  191  30 days’ notice to a client of transfer or discharge plans,
  192  including the location of an acceptable transfer location if the
  193  client is unable to live independently. This subsection does not
  194  apply if a client voluntarily terminates residency.
  195         400.9974 Client comprehensive treatment plans; client
  196  services.—
  197         (1) A transitional living facility shall develop a
  198  comprehensive treatment plan for each client as soon as
  199  practicable but no later than 30 days after the initial
  200  comprehensive treatment plan is developed. The comprehensive
  201  treatment plan must be developed by an interdisciplinary team
  202  consisting of the case manager, the program director, the
  203  advanced registered nurse practitioner, and appropriate
  204  therapists. The client or, if appropriate, the client’s
  205  representative must be included in developing the comprehensive
  206  treatment plan. The comprehensive treatment plan must be
  207  reviewed and updated if the client fails to meet projected
  208  improvements outlined in the plan or if a significant change in
  209  the client’s condition occurs. The comprehensive treatment plan
  210  must be reviewed and updated at least once monthly.
  211         (2) The comprehensive treatment plan must include:
  212         (a) Orders obtained from the physician, physician
  213  assistant, or advanced registered nurse practitioner and the
  214  client’s diagnosis, medical history, physical examination, and
  215  rehabilitative or restorative needs.
  216         (b) A preliminary nursing evaluation, including orders for
  217  immediate care provided by the physician, physician assistant,
  218  or advanced registered nurse practitioner, which shall be
  219  completed when the client is admitted.
  220         (c) A comprehensive, accurate, reproducible, and
  221  standardized assessment of the client’s functional capability;
  222  the treatments designed to achieve skills, behaviors, and other
  223  conditions necessary for the client to return to the community;
  224  and specific measurable goals.
  225         (d) Steps necessary for the client to achieve transition
  226  into the community and estimated length of time to achieve those
  227  goals.
  228         (3) The client or, if appropriate, the client’s
  229  representative must consent to the continued treatment at the
  230  transitional living facility. Consent may be for a period of up
  231  to 3 months. If such consent is not given, the transitional
  232  living facility shall discharge the client as soon as
  233  practicable.
  234         (4) A client must receive the professional program services
  235  needed to implement the client’s comprehensive treatment plan.
  236         (5) The licensee must employ qualified professional staff
  237  to carry out and monitor the various professional interventions
  238  in accordance with the stated goals and objectives of the
  239  client’s comprehensive treatment plan.
  240         (6) A client must receive a continuous treatment program
  241  that includes appropriate, consistent implementation of
  242  specialized and general training, treatment, health services,
  243  and related services and that is directed toward:
  244         (a) The acquisition of the behaviors and skills necessary
  245  for the client to function with as much self-determination and
  246  independence as possible.
  247         (b) The prevention or deceleration of regression or loss of
  248  current optimal functional status.
  249         (c) The management of behavioral issues that preclude
  250  independent functioning in the community.
  251         400.9975 Licensee responsibilities.—
  252         (1) The licensee shall ensure that each client:
  253         (a) Lives in a safe environment free from abuse, neglect,
  254  and exploitation.
  255         (b) Is treated with consideration and respect and with due
  256  recognition of personal dignity, individuality, and the need for
  257  privacy.
  258         (c) Retains and uses his or her own clothes and other
  259  personal property in his or her immediate living quarters to
  260  maintain individuality and personal dignity, except when the
  261  licensee demonstrates that such retention and use would be
  262  unsafe, impractical, or an infringement upon the rights of other
  263  clients.
  264         (d) Has unrestricted private communication, including
  265  receiving and sending unopened correspondence, access to a
  266  telephone, and visits with any person of his or her choice. Upon
  267  request, the licensee shall modify visiting hours for caregivers
  268  and guests. The facility shall restrict communication in
  269  accordance with any court order or written instruction of a
  270  client’s representative. Any restriction on a client’s
  271  communication for therapeutic reasons shall be documented and
  272  reviewed at least weekly and shall be removed as soon as no
  273  longer clinically indicated. The basis for the restriction shall
  274  be explained to the client and, if applicable, the client’s
  275  representative. The client shall retain the right to call the
  276  central abuse hotline, the agency, and Disability Rights Florida
  277  at any time.
  278         (e) Has the opportunity to participate in and benefit from
  279  community services and activities to achieve the highest
  280  possible level of independence, autonomy, and interaction within
  281  the community.
  282         (f) Has the opportunity to manage his or her financial
  283  affairs unless the client or, if applicable, the client’s
  284  representative authorizes the administrator of the facility to
  285  provide safekeeping for funds as provided under this part.
  286         (g) Has reasonable opportunity for regular exercise more
  287  than once per week and to be outdoors at regular and frequent
  288  intervals except when prevented by inclement weather.
  289         (h) Has the opportunity to exercise civil and religious
  290  liberties, including the right to independent personal
  291  decisions. However, a religious belief or practice, including
  292  attendance at religious services, may not be imposed upon any
  293  client.
  294         (i) Has access to adequate and appropriate health care
  295  consistent with established and recognized community standards.
  296         (j) Has the opportunity to present grievances and recommend
  297  changes in policies, procedures, and services to the staff of
  298  the licensee, governing officials, or any other person without
  299  restraint, interference, coercion, discrimination, or reprisal.
  300  A licensee shall establish a grievance procedure to facilitate a
  301  client’s ability to present grievances, including a system for
  302  investigating, tracking, managing, and responding to complaints
  303  by a client or, if applicable, the client’s representative and
  304  an appeals process. The appeals process must include access to
  305  Disability Rights Florida and other advocates and the right to
  306  be a member of, be active in, and associate with advocacy or
  307  special interest groups.
  308         (2) The licensee shall:
  309         (a) Promote participation of the client’s representative in
  310  the process of providing treatment to the client unless the
  311  representative’s participation is unobtainable or inappropriate.
  312         (b) Answer communications from the client’s family,
  313  guardians, and friends promptly and appropriately.
  314         (c) Promote visits by persons with a relationship to the
  315  client at any reasonable hour, without requiring prior notice,
  316  in any area of the facility that provides direct care services
  317  to the client, consistent with the client’s and other clients’
  318  privacy, unless the interdisciplinary team determines that such
  319  a visit would not be appropriate.
  320         (d) Promote opportunities for the client to leave the
  321  facility for visits, trips, or vacations.
  322         (e) Promptly notify the client’s representative of a
  323  significant incident or change in the client’s condition,
  324  including, but not limited to, serious illness, accident, abuse,
  325  unauthorized absence, or death.
  326         (3) The administrator of a facility shall ensure that a
  327  written notice of licensee responsibilities is posted in a
  328  prominent place in each building where clients reside and is
  329  read or explained to clients who cannot read. This notice shall
  330  be provided to clients in a manner that is clearly legible,
  331  shall include the statewide toll-free telephone number for
  332  reporting complaints to the agency, and shall include the words:
  333  “To report a complaint regarding the services you receive,
  334  please call toll-free ...[telephone number]... or Disability
  335  Rights Florida ...[telephone number]....” The statewide toll
  336  free telephone number for the central abuse hotline shall be
  337  provided to clients in a manner that is clearly legible and
  338  shall include the words: “To report abuse, neglect, or
  339  exploitation, please call toll-free ...[telephone number]....”
  340  The licensee shall ensure a client’s access to a telephone where
  341  telephone numbers are posted as required by this subsection.
  342         (4) A licensee or employee of a facility may not serve
  343  notice upon a client to leave the premises or take any other
  344  retaliatory action against another person solely because of the
  345  following:
  346         (a) The client or other person files an internal or
  347  external complaint or grievance regarding the facility.
  348         (b) The client or other person appears as a witness in a
  349  hearing inside or outside the facility.
  350         (5) Before or at the time of admission, the client and, if
  351  applicable, the client’s representative shall receive a copy of
  352  the licensee’s responsibilities, including grievance procedures
  353  and telephone numbers, as provided in this section.
  354         (6) The licensee must develop and implement policies and
  355  procedures governing the release of client information,
  356  including consent necessary from the client or, if applicable,
  357  the client’s representative.
  358         400.9976 Administration of medication.—
  359         (1) An individual medication administration record must be
  360  maintained for each client. A dose of medication, including a
  361  self-administered dose, shall be properly recorded in the
  362  client’s record. A client who self-administers medication shall
  363  be given a pill organizer. Medication must be placed in the pill
  364  organizer by a nurse. A nurse shall document the date and time
  365  that medication is placed into each client’s pill organizer. All
  366  medications must be administered in compliance with orders of a
  367  physician, physician assistant, or advanced registered nurse
  368  practitioner.
  369         (2) If an interdisciplinary team determines that self
  370  administration of medication is an appropriate objective, and if
  371  the physician, physician assistant, or advanced registered nurse
  372  practitioner does not specify otherwise, the client must be
  373  instructed by the physician, physician assistant, or advanced
  374  registered nurse practitioner to self-administer his or her
  375  medication without the assistance of a staff person. All forms
  376  of self-administration of medication, including administration
  377  orally, by injection, and by suppository, shall be included in
  378  the training. The client’s physician, physician assistant, or
  379  advanced registered nurse practitioner must be informed of the
  380  interdisciplinary team’s decision that self-administration of
  381  medication is an objective for the client. A client may not
  382  self-administer medication until he or she demonstrates the
  383  competency to take the correct medication in the correct dosage
  384  at the correct time, to respond to missed doses, and to contact
  385  the appropriate person with questions.
  386         (3) Medication administration discrepancies and adverse
  387  drug reactions must be recorded and reported immediately to a
  388  physician, physician assistant, or advanced registered nurse
  389  practitioner.
  390         400.9977 Assistance with medication.—
  391         (1) Notwithstanding any provision of part I of chapter 464,
  392  the Nurse Practice Act, unlicensed direct care services staff
  393  who provide services to clients in a facility licensed under
  394  this chapter or chapter 429 may administer prescribed,
  395  prepackaged, and premeasured medications under the general
  396  supervision of a registered nurse as provided under this section
  397  and applicable rules.
  398         (2) Training required by this section and applicable rules
  399  shall be conducted by a registered nurse licensed under chapter
  400  464, a physician licensed under chapter 458 or chapter 459, or a
  401  pharmacist licensed under chapter 465.
  402         (3) A facility that allows unlicensed direct care service
  403  staff to administer medications pursuant to this section shall:
  404         (a) Develop and implement policies and procedures that
  405  include a plan to ensure the safe handling, storage, and
  406  administration of prescription medications.
  407         (b) Maintain written evidence of the expressed and informed
  408  consent for each client.
  409         (c) Maintain a copy of the written prescription, including
  410  the name of the medication, the dosage, and the administration
  411  schedule and termination date.
  412         (d) Maintain documentation of compliance with required
  413  training.
  414         (4) The agency shall adopt rules to implement this section.
  415         400.9978 Protection of clients from abuse, neglect,
  416  mistreatment, and exploitation.—The licensee shall develop and
  417  implement policies and procedures for the screening and training
  418  of employees; the protection of clients; and the prevention,
  419  identification, investigation, and reporting of abuse, neglect,
  420  mistreatment, and exploitation. The licensee shall identify
  421  clients whose personal histories render them at risk for abusing
  422  other clients, develop intervention strategies to prevent
  423  occurrences of abuse, monitor clients for changes that would
  424  trigger abusive behavior, and reassess the interventions on a
  425  regular basis. A licensee shall:
  426         (1) Screen each potential employee for a history of abuse,
  427  neglect, mistreatment, or exploitation of clients. The screening
  428  shall include an attempt to obtain information from previous and
  429  current employers and verification of screening information by
  430  the appropriate licensing boards.
  431         (2) Train employees through orientation and ongoing
  432  sessions regarding issues related to abuse prohibition
  433  practices, including identification of abuse, neglect,
  434  mistreatment, and exploitation; appropriate interventions to
  435  address aggressive or catastrophic reactions of clients; the
  436  process for reporting allegations without fear of reprisal; and
  437  recognition of signs of frustration and stress that may lead to
  438  abuse.
  439         (3) Provide clients, families, and staff with information
  440  regarding how and to whom they may report concerns, incidents,
  441  and grievances without fear of retribution and provide feedback
  442  regarding the concerns that are expressed. A licensee shall
  443  identify, correct, and intervene in situations in which abuse,
  444  neglect, mistreatment, or exploitation is likely to occur,
  445  including:
  446         (a) Evaluating the physical environment of the facility to
  447  identify characteristics that may make abuse or neglect more
  448  likely to occur, such as secluded areas.
  449         (b) Providing sufficient staff on each shift to meet the
  450  needs of the clients and ensuring that the assigned staff have
  451  knowledge of each client’s care needs.
  452         (c) Identifying inappropriate staff behaviors, such as
  453  using derogatory language, rough handling of clients, ignoring
  454  clients while giving care, and directing clients who need
  455  toileting assistance to urinate or defecate in their beds.
  456         (d) Assessing, monitoring, and planning care for clients
  457  with needs and behaviors that might lead to conflict or neglect,
  458  such as a history of aggressive behaviors including entering
  459  other clients’ rooms without permission, exhibiting self
  460  injurious behaviors or communication disorders, requiring
  461  intensive nursing care, or being totally dependent on staff.
  462         (4) Identify events, such as suspicious bruising of
  463  clients, occurrences, patterns, and trends that may constitute
  464  abuse and determine the direction of the investigation.
  465         (5) Investigate alleged violations and different types of
  466  incidents, identify the staff member responsible for initial
  467  reporting, and report results to the proper authorities. The
  468  licensee shall analyze the incidents to determine whether
  469  policies and procedures need to be changed to prevent further
  470  incidents and take necessary corrective actions.
  471         (6) Protect clients from harm during an investigation.
  472         (7) Report alleged violations and substantiated incidents,
  473  as required under chapters 39 and 415, to the licensing
  474  authorities and all other agencies, as required, and report any
  475  knowledge of actions by a court of law that would indicate an
  476  employee is unfit for service.
  477         400.9979 Restraint and seclusion; client safety.—
  478         (1) A facility shall provide a therapeutic milieu that
  479  supports a culture of individual empowerment and responsibility.
  480  The health and safety of the client shall be the facility’s
  481  primary concern at all times.
  482         (2) The use of physical restraints must be ordered and
  483  documented by a physician, physician assistant, or advanced
  484  registered nurse practitioner and must be consistent with the
  485  policies and procedures adopted by the facility. The client or,
  486  if applicable, the client’s representative shall be informed of
  487  the facility’s physical restraint policies and procedures when
  488  the client is admitted.
  489         (3) The use of chemical restraints shall be limited to
  490  prescribed dosages of medications as ordered by a physician,
  491  physician assistant, or advanced registered nurse practitioner
  492  and must be consistent with the client’s diagnosis and the
  493  policies and procedures adopted by the facility. The client and,
  494  if applicable, the client’s representative shall be informed of
  495  the facility’s chemical restraint policies and procedures when
  496  the client is admitted.
  497         (4) Based on the assessment by a physician, physician
  498  assistant, or advanced registered nurse practitioner, if a
  499  client exhibits symptoms that present an immediate risk of
  500  injury or death to himself or herself or others, a physician,
  501  physician assistant, or advanced registered nurse practitioner
  502  may issue an emergency treatment order to immediately administer
  503  rapid-response psychotropic medications or other chemical
  504  restraints. Each emergency treatment order must be documented
  505  and maintained in the client’s record.
  506         (a) An emergency treatment order is not effective for more
  507  than 24 hours.
  508         (b) Whenever a client is medicated under this subsection,
  509  the client’s representative or a responsible party and the
  510  client’s physician, physician assistant, or advanced registered
  511  nurse practitioner shall be notified as soon as practicable.
  512         (5) A client who is prescribed and receives a medication
  513  that can serve as a chemical restraint for a purpose other than
  514  an emergency treatment order must be evaluated by his or her
  515  physician, physician assistant, or advanced registered nurse
  516  practitioner at least monthly to assess:
  517         (a) The continued need for the medication.
  518         (b) The level of the medication in the client’s blood.
  519         (c) The need for adjustments to the prescription.
  520         (6) The licensee shall ensure that clients are free from
  521  unnecessary drugs and physical restraints and are provided
  522  treatment to reduce dependency on drugs and physical restraints.
  523         (7) The licensee may only employ physical restraints and
  524  seclusion as authorized by the facility’s written policies,
  525  which shall comply with this section and applicable rules.
  526         (8) Interventions to manage dangerous client behavior shall
  527  be employed with sufficient safeguards and supervision to ensure
  528  that the safety, welfare, and civil and human rights of a client
  529  are adequately protected.
  530         (9) A facility shall notify the parent, guardian, or, if
  531  applicable, the client’s representative when restraint or
  532  seclusion is employed. The facility must provide the
  533  notification within 24 hours after the restraint or seclusion is
  534  employed. Reasonable efforts must be taken to notify the parent,
  535  guardian, or, if applicable, the client’s representative by
  536  telephone or e-mail, or both, and these efforts must be
  537  documented.
  538         (10) The agency may adopt rules that establish standards
  539  and procedures for the use of restraints, restraint positioning,
  540  seclusion, and emergency treatment orders for psychotropic
  541  medications, restraint, and seclusion. These rules must include
  542  duration of restraint, staff training, observation of the client
  543  during restraint, and documentation and reporting standards.
  544         400.998 Personnel background screening; administration and
  545  management procedures.—
  546         (1) The agency shall require level 2 background screening
  547  for licensee personnel as required in s. 408.809(1)(e) and
  548  pursuant to chapter 435 and s. 408.809.
  549         (2) The licensee shall maintain personnel records for each
  550  staff member that contain, at a minimum, documentation of
  551  background screening, a job description, documentation of
  552  compliance with the training requirements of this part and
  553  applicable rules, the employment application, references, a copy
  554  of each job performance evaluation, and, for each staff member
  555  who performs services for which licensure or certification is
  556  required, a copy of all licenses or certification held by that
  557  staff member.
  558         (3) The licensee must:
  559         (a) Develop and implement infection control policies and
  560  procedures and include the policies and procedures in the
  561  licensee’s policy manual.
  562         (b) Maintain liability insurance as defined in s.
  563  624.605(1)(b).
  564         (c) Designate one person as an administrator to be
  565  responsible and accountable for the overall management of the
  566  facility.
  567         (d) Designate in writing a person to be responsible for the
  568  facility when the administrator is absent from the facility for
  569  more than 24 hours.
  570         (e) Designate in writing a program director to be
  571  responsible for supervising the therapeutic and behavioral
  572  staff, determining the levels of supervision, and determining
  573  room placement for each client.
  574         (f) Designate in writing a person to be responsible when
  575  the program director is absent from the facility for more than
  576  24 hours.
  577         (g) Obtain approval of the comprehensive emergency
  578  management plan, pursuant to s. 400.9982(2)(e), from the local
  579  emergency management agency. Pending the approval of the plan,
  580  the local emergency management agency shall ensure that the
  581  following agencies, at a minimum, are given the opportunity to
  582  review the plan: the Department of Health, the Agency for Health
  583  Care Administration, and the Division of Emergency Management.
  584  Appropriate volunteer organizations shall also be given the
  585  opportunity to review the plan. The local emergency management
  586  agency shall complete its review within 60 days after receipt of
  587  the plan and either approve the plan or advise the licensee of
  588  necessary revisions.
  589         (h) Maintain written records in a form and system that
  590  comply with medical and business practices and make the records
  591  available by the facility for review or submission to the agency
  592  upon request. The records shall include:
  593         1. A daily census record that indicates the number of
  594  clients currently receiving services in the facility, including
  595  information regarding any public funding of such clients.
  596         2. A record of each accident or unusual incident involving
  597  a client or staff member that caused, or had the potential to
  598  cause, injury or harm to any person or property within the
  599  facility. The record shall contain a clear description of each
  600  accident or incident; the names of the persons involved; a
  601  description of medical or other services provided to these
  602  persons, including the provider of the services; and the steps
  603  taken to prevent recurrence of such accident or incident.
  604         3. A copy of current agreements with third-party providers.
  605         4. A copy of current agreements with each consultant
  606  employed by the licensee and documentation of a consultant’s
  607  visits and required written and dated reports.
  608         400.9981 Property and personal affairs of clients.—
  609         (1) A client shall be given the option of using his or her
  610  own belongings, as space permits; choosing a roommate if
  611  practical and not clinically contraindicated; and, whenever
  612  possible, unless the client is adjudicated incompetent or
  613  incapacitated under state law, managing his or her own affairs.
  614         (2) The admission of a client to a facility and his or her
  615  presence therein does not confer on a licensee or administrator,
  616  or an employee or representative thereof, any authority to
  617  manage, use, or dispose of the property of the client, and the
  618  admission or presence of a client does not confer on such person
  619  any authority or responsibility for the personal affairs of the
  620  client except that which may be necessary for the safe
  621  management of the facility or for the safety of the client.
  622         (3) A licensee or administrator, or an employee or
  623  representative thereof, may:
  624         (a) Not act as the guardian, trustee, or conservator for a
  625  client or a client’s property.
  626         (b) Act as a competent client’s payee for social security,
  627  veteran’s, or railroad benefits if the client provides consent
  628  and the licensee files a surety bond with the agency in an
  629  amount equal to twice the average monthly aggregate income or
  630  personal funds due to the client, or expendable for the client’s
  631  account, that are received by a licensee.
  632         (c) Act as the attorney in fact for a client if the
  633  licensee files a surety bond with the agency in an amount equal
  634  to twice the average monthly income of the client, plus the
  635  value of a client’s property under the control of the attorney
  636  in fact.
  637  
  638  The surety bond required under paragraph (b) or paragraph (c)
  639  shall be executed by the licensee as principal and a licensed
  640  surety company. The bond shall be conditioned upon the faithful
  641  compliance of the licensee with the requirements of licensure
  642  and is payable to the agency for the benefit of a client who
  643  suffers a financial loss as a result of the misuse or
  644  misappropriation of funds held pursuant to this subsection. A
  645  surety company that cancels or does not renew the bond of a
  646  licensee shall notify the agency in writing at least 30 days
  647  before the action, giving the reason for cancellation or
  648  nonrenewal. A licensee or administrator, or an employee or
  649  representative thereof, who is granted power of attorney for a
  650  client of the facility shall, on a monthly basis, notify the
  651  client in writing of any transaction made on behalf of the
  652  client pursuant to this subsection, and a copy of the
  653  notification given to the client shall be retained in the
  654  client’s file and available for agency inspection.
  655         (4) A licensee, with the consent of the client, shall
  656  provide for safekeeping in the facility of the client’s personal
  657  effects of a value not in excess of $1,000 and the client’s
  658  funds not in excess of $500 cash and shall keep complete and
  659  accurate records of the funds and personal effects received. If
  660  a client is absent from a facility for 24 hours or more, the
  661  licensee may provide for safekeeping of the client’s personal
  662  effects of a value in excess of $1,000.
  663         (5) Funds or other property belonging to or due to a client
  664  or expendable for the client’s account that are received by a
  665  licensee shall be regarded as funds held in trust and shall be
  666  kept separate from the funds and property of the licensee and
  667  other clients or shall be specifically credited to the client.
  668  The funds held in trust shall be used or otherwise expended only
  669  for the account of the client. At least once every month, except
  670  pursuant to an order of a court of competent jurisdiction, the
  671  licensee shall furnish the client and, if applicable, the
  672  client’s representative with a complete and verified statement
  673  of all funds and other property to which this subsection
  674  applies, detailing the amount and items received, together with
  675  their sources and disposition. The licensee shall furnish the
  676  statement annually and upon discharge or transfer of a client. A
  677  governmental agency or private charitable agency contributing
  678  funds or other property to the account of a client is also
  679  entitled to receive a statement monthly and upon the discharge
  680  or transfer of the client.
  681         (6)(a) In addition to any damages or civil penalties to
  682  which a person is subject, a person who:
  683         1. Intentionally withholds a client’s personal funds,
  684  personal property, or personal needs allowance;
  685         2. Demands, beneficially receives, or contracts for payment
  686  of all or any part of a client’s personal property or personal
  687  needs allowance in satisfaction of the facility rate for
  688  supplies and services; or
  689         3. Borrows from or pledges any personal funds of a client,
  690  other than the amount agreed to by written contract under s.
  691  429.24,
  692  
  693  commits a misdemeanor of the first degree, punishable as
  694  provided in s. 775.082 or s. 775.083.
  695         (b) A licensee or administrator, or an employee, or
  696  representative thereof, who is granted power of attorney for a
  697  client and who misuses or misappropriates funds obtained through
  698  this power commits a felony of the third degree, punishable as
  699  provided in s. 775.082, s. 775.083, or s. 775.084.
  700         (7) In the event of the death of a client, a licensee shall
  701  return all refunds, funds, and property held in trust to the
  702  client’s personal representative, if one has been appointed at
  703  the time the licensee disburses such funds, or, if not, to the
  704  client’s spouse or adult next of kin named in a beneficiary
  705  designation form provided by the licensee to the client. If the
  706  client does not have a spouse or adult next of kin or such
  707  person cannot be located, funds due to be returned to the client
  708  shall be placed in an interest-bearing account, and all property
  709  held in trust by the licensee shall be safeguarded until such
  710  time as the funds and property are disbursed pursuant to the
  711  Florida Probate Code. The funds shall be kept separate from the
  712  funds and property of the licensee and other clients of the
  713  facility. If the funds of the deceased client are not disbursed
  714  pursuant to the Florida Probate Code within 2 years after the
  715  client’s death, the funds shall be deposited in the Health Care
  716  Trust Fund administered by the agency.
  717         (8) The agency, by rule, may clarify terms and specify
  718  procedures and documentation necessary to administer the
  719  provisions of this section relating to the proper management of
  720  clients’ funds and personal property and the execution of surety
  721  bonds.
  722         400.9982 Rules establishing standards.—
  723         (1) It is the intent of the Legislature that rules adopted
  724  and enforced pursuant to this part and part II of chapter 408
  725  include criteria to ensure reasonable and consistent quality of
  726  care and client safety. The rules should make reasonable efforts
  727  to accommodate the needs and preferences of the client to
  728  enhance the client’s quality of life while residing in a
  729  transitional living facility.
  730         (2) The agency may adopt and enforce rules to implement
  731  this part and part II of chapter 408, which shall include
  732  reasonable and fair criteria with respect to:
  733         (a) The location of transitional living facilities.
  734         (b) The qualifications of personnel, including management,
  735  medical, nursing, and other professional personnel and nursing
  736  assistants and support staff, who are responsible for client
  737  care. The licensee must employ enough qualified professional
  738  staff to carry out and monitor interventions in accordance with
  739  the stated goals and objectives of each comprehensive treatment
  740  plan.
  741         (c) Requirements for personnel procedures, reporting
  742  procedures, and documentation necessary to implement this part.
  743         (d) Services provided to clients of transitional living
  744  facilities.
  745         (e) The preparation and annual update of a comprehensive
  746  emergency management plan in consultation with the Division of
  747  Emergency Management. At a minimum, the rules must provide for
  748  plan components that address emergency evacuation
  749  transportation; adequate sheltering arrangements; postdisaster
  750  activities, including provision of emergency power, food, and
  751  water; postdisaster transportation; supplies; staffing;
  752  emergency equipment; individual identification of clients and
  753  transfer of records; communication with families; and responses
  754  to family inquiries.
  755         400.9983 Violations; penalties.—A violation of this part or
  756  any rule adopted pursuant thereto shall be classified according
  757  to the nature of the violation and the gravity of its probable
  758  effect on facility clients. The agency shall indicate the
  759  classification on the written notice of the violation as
  760  follows:
  761         (1) Class I violations are defined in s. 408.813. The
  762  agency shall issue a citation regardless of correction and
  763  impose an administrative fine of $5,000 for an isolated
  764  violation, $7,500 for a patterned violation, or $10,000 for a
  765  widespread violation. Violations may be identified, and a fine
  766  must be levied, notwithstanding the correction of the deficiency
  767  giving rise to the violation.
  768         (2) Class II violations are defined in s. 408.813. The
  769  agency shall impose an administrative fine of $1,000 for an
  770  isolated violation, $2,500 for a patterned violation, or $5,000
  771  for a widespread violation. A fine must be levied
  772  notwithstanding the correction of the deficiency giving rise to
  773  the violation.
  774         (3) Class III violations are defined in s. 408.813. The
  775  agency shall impose an administrative fine of $500 for an
  776  isolated violation, $750 for a patterned violation, or $1,000
  777  for a widespread violation. If a deficiency giving rise to a
  778  class III violation is corrected within the time specified by
  779  the agency, the fine may not be imposed.
  780         (4) Class IV violations are defined in s. 408.813. The
  781  agency shall impose for a cited class IV violation an
  782  administrative fine of at least $100 but not exceeding $200 for
  783  each violation. If a deficiency giving rise to a class IV
  784  violation is corrected within the time specified by the agency,
  785  the fine may not be imposed.
  786         400.9984 Receivership proceedings.—The agency may apply s.
  787  429.22 with regard to receivership proceedings for transitional
  788  living facilities.
  789         400.9985 Interagency communication.—The agency, the
  790  department, the Agency for Persons with Disabilities, and the
  791  Department of Children and Families shall develop electronic
  792  systems to ensure that relevant information pertaining to the
  793  regulation of transitional living facilities and clients is
  794  timely and effectively communicated among agencies in order to
  795  facilitate the protection of clients. Electronic sharing of
  796  information shall include, at a minimum, a brain and spinal cord
  797  injury registry and a client abuse registry.
  798         Section 40. Section 400.805, Florida Statutes, is repealed.
  799         Section 41. The title of part V of chapter 400, Florida
  800  Statutes, consisting of sections 400.701-400.801, is
  801  redesignated as “INTERMEDIATE CARE FACILITIES.”
  802         Section 42. Subsection (9) of section 381.745, Florida
  803  Statutes, is amended to read:
  804         381.745 Definitions; ss. 381.739-381.79.—As used in ss.
  805  381.739-381.79, the term:
  806         (9) “Transitional living facility” means a state-approved
  807  facility, as defined and licensed under chapter 400 or chapter
  808  429, or a facility approved by the brain and spinal cord injury
  809  program in accordance with this chapter.
  810         Section 43. Section 381.75, Florida Statutes, is amended to
  811  read:
  812         381.75 Duties and responsibilities of the department, of
  813  transitional living facilities, and of residents.—Consistent
  814  with the mandate of s. 381.7395, the department shall develop
  815  and administer a multilevel treatment program for individuals
  816  who sustain brain or spinal cord injuries and who are referred
  817  to the brain and spinal cord injury program.
  818         (1) Within 15 days after any report of an individual who
  819  has sustained a brain or spinal cord injury, the department
  820  shall notify the individual or the most immediate available
  821  family members of their right to assistance from the state, the
  822  services available, and the eligibility requirements.
  823         (2) The department shall refer individuals who have brain
  824  or spinal cord injuries to other state agencies to ensure assure
  825  that rehabilitative services, if desired, are obtained by that
  826  individual.
  827         (3) The department, in consultation with emergency medical
  828  service, shall develop standards for an emergency medical
  829  evacuation system that will ensure that all individuals who
  830  sustain traumatic brain or spinal cord injuries are transported
  831  to a department-approved trauma center that meets the standards
  832  and criteria established by the emergency medical service and
  833  the acute-care standards of the brain and spinal cord injury
  834  program.
  835         (4) The department shall develop standards for designation
  836  of rehabilitation centers to provide rehabilitation services for
  837  individuals who have brain or spinal cord injuries.
  838         (5) The department shall determine the appropriate number
  839  of designated acute-care facilities, inpatient rehabilitation
  840  centers, and outpatient rehabilitation centers, needed based on
  841  incidence, volume of admissions, and other appropriate criteria.
  842         (6) The department shall develop standards for designation
  843  of transitional living facilities to provide transitional living
  844  services for individuals who participate in the brain and spinal
  845  cord injury program the opportunity to adjust to their
  846  disabilities and to develop physical and functional skills in a
  847  supported living environment.
  848         (a) The Agency for Health Care Administration, in
  849  consultation with the department, shall develop rules for the
  850  licensure of transitional living facilities for individuals who
  851  have brain or spinal cord injuries.
  852         (b) The goal of a transitional living program for
  853  individuals who have brain or spinal cord injuries is to assist
  854  each individual who has such a disability to achieve a higher
  855  level of independent functioning and to enable that person to
  856  reenter the community. The program shall be focused on preparing
  857  participants to return to community living.
  858         (c) A transitional living facility for an individual who
  859  has a brain or spinal cord injury shall provide to such
  860  individual, in a residential setting, a goal-oriented treatment
  861  program designed to improve the individual’s physical,
  862  cognitive, communicative, behavioral, psychological, and social
  863  functioning, as well as to provide necessary support and
  864  supervision. A transitional living facility shall offer at least
  865  the following therapies: physical, occupational, speech,
  866  neuropsychology, independent living skills training, behavior
  867  analysis for programs serving brain-injured individuals, health
  868  education, and recreation.
  869         (d) All residents shall use the transitional living
  870  facility as a temporary measure and not as a permanent home or
  871  domicile. The transitional living facility shall develop an
  872  initial treatment plan for each resident within 3 days after the
  873  resident’s admission. The transitional living facility shall
  874  develop a comprehensive plan of treatment and a discharge plan
  875  for each resident as soon as practical, but no later than 30
  876  days after the resident’s admission. Each comprehensive
  877  treatment plan and discharge plan must be reviewed and updated
  878  as necessary, but no less often than quarterly. This subsection
  879  does not require the discharge of an individual who continues to
  880  require any of the specialized services described in paragraph
  881  (c) or who is making measurable progress in accordance with that
  882  individual’s comprehensive treatment plan. The transitional
  883  living facility shall discharge any individual who has an
  884  appropriate discharge site and who has achieved the goals of his
  885  or her discharge plan or who is no longer making progress toward
  886  the goals established in the comprehensive treatment plan and
  887  the discharge plan. The discharge location must be the least
  888  restrictive environment in which an individual’s health, well
  889  being, and safety is preserved.
  890         (7) Recipients of services, under this section, from any of
  891  the facilities referred to in this section shall pay a fee based
  892  on ability to pay.
  893         Section 44. Subsection (4) of section 381.78, Florida
  894  Statutes, is amended to read:
  895         381.78 Advisory council on brain and spinal cord injuries.—
  896         (4) The council shall:
  897         (a) provide advice and expertise to the department in the
  898  preparation, implementation, and periodic review of the brain
  899  and spinal cord injury program.
  900         (b) Annually appoint a five-member committee composed of
  901  one individual who has a brain injury or has a family member
  902  with a brain injury, one individual who has a spinal cord injury
  903  or has a family member with a spinal cord injury, and three
  904  members who shall be chosen from among these representative
  905  groups: physicians, other allied health professionals,
  906  administrators of brain and spinal cord injury programs, and
  907  representatives from support groups with expertise in areas
  908  related to the rehabilitation of individuals who have brain or
  909  spinal cord injuries, except that one and only one member of the
  910  committee shall be an administrator of a transitional living
  911  facility. Membership on the council is not a prerequisite for
  912  membership on this committee.
  913         1. The committee shall perform onsite visits to those
  914  transitional living facilities identified by the Agency for
  915  Health Care Administration as being in possible violation of the
  916  statutes and rules regulating such facilities. The committee
  917  members have the same rights of entry and inspection granted
  918  under s. 400.805(4) to designated representatives of the agency.
  919         2. Factual findings of the committee resulting from an
  920  onsite investigation of a facility pursuant to subparagraph 1.
  921  shall be adopted by the agency in developing its administrative
  922  response regarding enforcement of statutes and rules regulating
  923  the operation of the facility.
  924         3. Onsite investigations by the committee shall be funded
  925  by the Health Care Trust Fund.
  926         4. Travel expenses for committee members shall be
  927  reimbursed in accordance with s. 112.061.
  928         5. Members of the committee shall recuse themselves from
  929  participating in any investigation that would create a conflict
  930  of interest under state law, and the council shall replace the
  931  member, either temporarily or permanently.
  932         Section 45. Subsection (5) of section 400.93, Florida
  933  Statutes, is amended to read:
  934         400.93 Licensure required; exemptions; unlawful acts;
  935  penalties.—
  936         (5) The following are exempt from home medical equipment
  937  provider licensure, unless they have a separate company,
  938  corporation, or division that is in the business of providing
  939  home medical equipment and services for sale or rent to
  940  consumers at their regular or temporary place of residence
  941  pursuant to the provisions of this part:
  942         (a) Providers operated by the Department of Health or
  943  Federal Government.
  944         (b) Nursing homes licensed under part II.
  945         (c) Assisted living facilities licensed under chapter 429,
  946  when serving their residents.
  947         (d) Home health agencies licensed under part III.
  948         (e) Hospices licensed under part IV.
  949         (f) Intermediate care facilities and, homes for special
  950  services, and transitional living facilities licensed under part
  951  V.
  952         (g) Transitional living facilities licensed under part XI.
  953         (h)(g) Hospitals and ambulatory surgical centers licensed
  954  under chapter 395.
  955         (i)(h) Manufacturers and wholesale distributors when not
  956  selling directly to consumers.
  957         (j)(i) Licensed health care practitioners who use utilize
  958  home medical equipment in the course of their practice, but do
  959  not sell or rent home medical equipment to their patients.
  960         (k)(j) Pharmacies licensed under chapter 465.
  961         Section 46. Subsection (21) of section 408.802, Florida
  962  Statutes, is amended to read:
  963         408.802 Applicability.—The provisions of this part apply to
  964  the provision of services that require licensure as defined in
  965  this part and to the following entities licensed, registered, or
  966  certified by the agency, as described in chapters 112, 383, 390,
  967  394, 395, 400, 429, 440, 483, and 765:
  968         (21) Transitional living facilities, as provided under part
  969  XI V of chapter 400.
  970         Section 47. Subsection (20) of section 408.820, Florida
  971  Statutes, is amended to read:
  972         408.820 Exemptions.—Except as prescribed in authorizing
  973  statutes, the following exemptions shall apply to specified
  974  requirements of this part:
  975         (20) Transitional living facilities, as provided under part
  976  XI V of chapter 400, are exempt from s. 408.810(10).
  977         Section 48. Effective July 1, 2015, a transitional living
  978  facility licensed before the effective date of this act pursuant
  979  to s. 400.805, Florida Statutes, must be licensed under part XI
  980  of chapter 400, Florida Statutes, as created by this act.
  981  
  982  ================= T I T L E  A M E N D M E N T ================
  983  And the title is amended as follows:
  984         Delete line 213
  985  and insert:
  986         chapter 400, F.S., in certain circumstances; creating
  987         part XI of ch. 400, F.S.; providing legislative
  988         intent; providing definitions; requiring the licensure
  989         of transitional living facilities; providing license
  990         fees and application requirements; requiring
  991         accreditation of licensed facilities; providing
  992         requirements for transitional living facility policies
  993         and procedures governing client admission, transfer,
  994         and discharge; requiring a comprehensive treatment
  995         plan to be developed for each client; providing plan
  996         and staffing requirements; requiring certain consent
  997         for continued treatment in a transitional living
  998         facility; providing licensee responsibilities;
  999         providing notice requirements; prohibiting a licensee
 1000         or employee of a facility from serving notice upon a
 1001         client to leave the premises or take other retaliatory
 1002         action under certain circumstances; requiring the
 1003         client and client’s representative to be provided with
 1004         certain information; requiring the licensee to develop
 1005         and implement certain policies and procedures;
 1006         providing licensee requirements relating to
 1007         administration of medication; requiring maintenance of
 1008         medication administration records; providing
 1009         requirements for administration of medications by
 1010         unlicensed staff; specifying who may conduct training
 1011         of staff; requiring licensees to adopt policies and
 1012         procedures for administration of medications by
 1013         trained staff; requiring the Agency for Health Care
 1014         Administration to adopt rules; providing requirements
 1015         for the screening of potential employees and training
 1016         and monitoring of employees for the protection of
 1017         clients; requiring licensees to implement certain
 1018         policies and procedures to protect clients; providing
 1019         conditions for investigating and reporting incidents
 1020         of abuse, neglect, mistreatment, or exploitation of
 1021         clients; providing requirements and limitations for
 1022         the use of physical restraints, seclusion, and
 1023         chemical restraint medication on clients; providing a
 1024         limitation on the duration of an emergency treatment
 1025         order; requiring notification of certain persons when
 1026         restraint or seclusion is imposed; authorizing the
 1027         agency to adopt rules; providing background screening
 1028         requirements; requiring the licensee to maintain
 1029         certain personnel records; providing administrative
 1030         responsibilities for licensees; providing
 1031         recordkeeping requirements; providing licensee
 1032         responsibilities with respect to the property and
 1033         personal affairs of clients; providing requirements
 1034         for a licensee with respect to obtaining surety bonds;
 1035         providing recordkeeping requirements relating to the
 1036         safekeeping of personal effects; providing
 1037         requirements for trust funds or other property
 1038         received by a licensee and credited to the client;
 1039         providing a penalty for certain misuse of a client’s
 1040         personal funds, property, or personal needs allowance;
 1041         providing criminal penalties for violations; providing
 1042         for the disposition of property in the event of the
 1043         death of a client; authorizing the agency to adopt
 1044         rules; providing legislative intent; authorizing the
 1045         agency to adopt and enforce rules establishing
 1046         standards for transitional living facilities and
 1047         personnel thereof; classifying violations and
 1048         providing penalties therefor; providing administrative
 1049         fines for specified classes of violations; authorizing
 1050         the agency to apply certain provisions with regard to
 1051         receivership proceedings; requiring the agency, the
 1052         Department of Health, the Agency for Persons with
 1053         Disabilities, and the Department of Children and
 1054         Families to develop electronic information systems for
 1055         certain purposes; repealing s. 400.805, F.S., relating
 1056         to transitional living facilities; revising the title
 1057         of part V of ch. 400, F.S.; amending s. 381.745, F.S.;
 1058         revising the definition of the term “transitional
 1059         living facility,” to conform; amending s. 381.75,
 1060         F.S.; revising the duties of the Department of Health
 1061         and the agency relating to transitional living
 1062         facilities; amending ss. 381.78, 400.93, 408.802, and
 1063         408.820, F.S.; conforming provisions to changes made
 1064         by the act; providing applicability with respect to
 1065         transitional living facilities licensed before a
 1066         specified date; providing