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The Florida Senate

2018 Florida Statutes

Title XXIX PUBLIC HEALTH
Chapter 400 NURSING HOMES AND RELATED HEALTH CARE FACILITIES Entire Chapter
SECTION 0067
State Long-Term Care Ombudsman Council; duties; membership.
F.S. 400.0067
400.0067 State Long-Term Care Ombudsman Council; duties; membership.—
(1) There is created within the State Long-Term Care Ombudsman Program, the State Long-Term Care Ombudsman Council.
(2) The State Long-Term Care Ombudsman Council shall:
(a) Serve as an advisory body to assist the state ombudsman in reaching a consensus among districts and local councils on issues affecting residents and impacting the optimal operation of the program.
(b) Serve as an appellate body in receiving from the districts or local councils complaints not resolved at the district or local level. Any individual member or members of the state council may enter any long-term care facility involved in an appeal, pursuant to the conditions specified in s. 400.0074(2).
(c) Assist the ombudsman to discover, investigate, and determine the existence of abuse or neglect in any long-term care facility, and work with the adult protective services program as required in ss. 415.101-415.113.
(d) Assist the ombudsman in eliciting, receiving, responding to, and resolving complaints made by or on behalf of residents.
(e) Elicit and coordinate state, district, local, and voluntary organizational assistance for the purpose of improving the care received by residents.
(f) Assist the state ombudsman in preparing the annual report described in s. 400.0065.
(3) The State Long-Term Care Ombudsman Council consists of one active certified ombudsman from each local council in a district plus three at-large members.
(a) Each local council in a district must select a representative of its choice to serve on the state council.
(b)1. The state ombudsman shall submit to the secretary a list of individuals recommended for appointment to the at-large positions on the state council. The list may not include the name of any individual who is currently serving in a district.
2. The secretary shall appoint three at-large members chosen from the list.
(4)(a)1. State council members shall serve 3-year terms.
2. A member of the state council may not serve more than two consecutive terms.
3. A local council may recommend replacement of its selected representative from the state council. If the council votes to replace its representative, the local council chair shall immediately notify the state ombudsman.
4. The position of any member missing three state council meetings within a 1-year period without cause may be declared vacant by the state ombudsman. The findings of the state ombudsman regarding cause shall be final and binding.
(b) Any vacancy on the state council shall be filled in the same manner as the original appointment.
(c)1. The state council shall elect a chair to serve for a term of 1 year. A chair may not serve more than two consecutive terms.
2. The chair shall select a vice chair from among the members. The vice chair shall preside over the state council in the absence of the chair.
3. The chair may create additional executive positions as necessary to carry out the duties of the state council. Any person appointed to an executive position shall serve at the pleasure of the chair, and his or her term shall expire on the same day as the term of the chair.
4. A chair may be immediately removed from office before the expiration of his or her term by a vote of two-thirds of all state council members present at any meeting at which a quorum is present. If a chair is removed from office before the expiration of his or her term, a replacement chair shall be chosen during the same meeting in the same manner as described in this paragraph, and the term of the replacement chair shall begin immediately. The replacement chair shall serve for the remainder of the term and is eligible to serve two subsequent consecutive terms.
(d)1. The state council shall meet upon the call of the chair or upon the call of the state ombudsman. The state council shall meet at least quarterly but may meet more frequently as needed.
2. A quorum shall be considered present if more than 50 percent of all active state council members are in attendance at the same meeting.
3. The state council may not vote on or otherwise make any decisions resulting in a recommendation that will directly impact the state council, the district, or any local council, outside of a publicly noticed meeting at which a quorum is present.
(e) Members may not receive compensation for attendance at state council meetings but shall, with approval from the state ombudsman, be reimbursed for per diem and travel expenses as provided in s. 112.061.
History.—ss. 5, 30, 31, ch. 93-177; s. 759, ch. 95-148; s. 113, ch. 99-8; s. 209, ch. 99-13; s. 15, ch. 2000-263; s. 11, ch. 2000-305; s. 124, ch. 2000-349; s. 44, ch. 2000-367; s. 22, ch. 2002-223; s. 6, ch. 2006-121; s. 5, ch. 2015-31.