Senate Bill 1986c1

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    Florida Senate - 1998                           CS for SB 1986

    By the Committee on Health Care and Senator Forman





    317-2193-98

  1                      A bill to be entitled

  2         An act relating to certified nursing

  3         assistants; creating part XV of chapter 468,

  4         F.S.; providing a short title; providing

  5         definitions; providing duties and powers of the

  6         Department of Health in regulating the practice

  7         of certified nursing assistants; providing

  8         requirements for a state registry of certified

  9         nursing assistants; providing requirements for

10         obtaining certification as a certified nursing

11         assistant; authorizing the department to deny,

12         suspend, or revoke a person's certification

13         upon certain findings or reports of abuse,

14         neglect, or exploitation; authorizing the

15         department to exempt an applicant or

16         certificateholder from disqualification of

17         certification; specifying certain acts that

18         constitute grounds for disciplinary sanctions;

19         providing penalties; requiring that the

20         department maintain a registry of certified

21         nursing assistants; providing requirements for

22         records and meetings held for disciplinary

23         actions; providing for renewal of

24         certification; exempting an employer from

25         liability for terminating a certified nursing

26         assistant under certain circumstances;

27         authorizing the department to contract for

28         examination services; providing penalties;

29         providing rulemaking authority; amending s.

30         400.211, F.S.; deleting obsolete provisions

31         with respect to the regulation of certified

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    Florida Senate - 1998                           CS for SB 1986
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  1         nursing assistants by the Department of

  2         Business and Professional Regulation; providing

  3         for certain federal requirements to apply to

  4         specified nursing home facilities under certain

  5         circumstances; amending ss. 20.43, 400.4255,

  6         400.462, 400.506, 455.667, F.S., relating to

  7         the Department of Health, the use of licensed

  8         personnel in assisted living facilities, the

  9         regulation of home health agencies, nurse

10         registries, and the ownership and control of

11         patient records; conforming cross-references to

12         changes made by the act; providing for the

13         continued validity of certifications issued

14         before the effective date of the act;

15         authorizing certain positions for the Florida

16         Department of Law Enforcement in excess of

17         those otherwise authorized; providing funding;

18         amending s. 455.624, F.S.; specifying health

19         care professionals for whom failure to wear

20         certain identification while offering services

21         to the public is grounds for disciplinary

22         action; authorizing the Department of Health to

23         have access to a background screening registry

24         for nursing home employees; providing an

25         effective date.

26

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

28

29         Section 1.  Part XV of chapter 468, Florida Statutes,

30  consisting of sections 468.820, 468.821, 468.822, 468.823,

31

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  1  468.824, 468.825, 468.8245, 468.826, and 468.827, Florida

  2  Statutes, is created to read:

  3         468.820  Short title.--This part may be cited as the

  4  "Certified Nursing Assistant Act."

  5         468.821  Definitions.--As used in this part, the term:

  6         (1)  "Approved training program" means a course of

  7  training conducted by a public or private educational center

  8  licensed by the Department of Education to implement the basic

  9  curriculum for certified nursing assistants which is approved

10  by the Department of Education.

11         (2)  "Certified nursing assistant" means a person who

12  meets the qualifications specified in this part and who is

13  certified by the department as a certified nursing assistant.

14         (3)  "Department" means the Department of Health.

15         (4)  "Registry" means the listing of certified nursing

16  assistants maintained by the department.

17         468.822  Duties and powers of the department.--The

18  department shall regulate the practice of certified nursing

19  assistants in this state. The department shall maintain, or

20  contract with or approve another entity to maintain, a state

21  registry of certified nursing assistants. The registry must

22  consist of a database including the name of each certified

23  nursing assistant in this state, other identifying

24  information, certification status, the effective date of

25  certification and any other information required by state or

26  federal law, information regarding any abuse, neglect, or

27  exploitation as provided under chapter 435, and an indication

28  whether the certified nursing assistant was reimbursed for the

29  cost of training and testing. The registry shall be accessible

30  to individuals, employers, and other state agencies. The

31  department shall establish testing procedures for use in

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    Florida Senate - 1998                           CS for SB 1986
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  1  certifying nursing assistants and shall adopt rules regulating

  2  the practice of certified nursing assistants to enforce this

  3  part. The department may contract with or approve another

  4  entity or organization to provide the examination services

  5  required under 468.823, including development and

  6  administration of examinations. The provider shall pay all

  7  reasonable costs and expenses incurred by the department in

  8  evaluating the provider's application and the provider's

  9  performance during the delivery of services, including

10  examination services and procedures for maintaining the

11  certified nursing assistant registry registry.

12         468.823  Certified nursing assistants; certification

13  requirement.--

14         (1)  Except as provided in subsection (2), a person may

15  not practice as a certified nursing assistant unless the

16  person is certified by the department under this part. A

17  person who is certified under this part may use the title

18  "Certified Nursing Assistant" and the abbreviation "C.N.A."

19         (2)  A registered nurse or a practical nurse licensed

20  under chapter 464, or an applicant for licensure as a

21  registered nurse or a practical nurse who is permitted to

22  practice nursing in accordance with rules adopted by the Board

23  of Nursing, may practice as a certified nursing assistant and

24  use the title "Certified Nursing Assistant" and the

25  abbreviation "C.N.A."

26         (3)  The department shall issue a certificate to

27  practice as a certified nursing assistant to any person who

28  demonstrates a minimum competency in the English language and

29  the ability to read and write and meets the requirements of

30  level 1 screening as provided in s. 435.03, including a search

31  for any report of abuse, neglect, or exploitation of an adult.

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  1  A person who has not maintained continuous residency within

  2  the state for the 5 years immediately preceding the date of

  3  application must comply with the requirements for level 2

  4  screening as provided in s. 435.04 and may be granted

  5  provisional certification for up to 180 days pending the

  6  receipt of written findings evidencing completion of level 2

  7  screening. Level 2 screening is not required if an applicant

  8  attests in writing, under penalty of perjury, that he or she

  9  meets the residency requirement. In order to complete the

10  requirements for Level 2 screening, if applicable, the

11  applicant must furnish to the department a full set of

12  fingerprints to enable a criminal background investigation to

13  be conducted. The department shall submit the completed

14  fingerprint card to the Florida Department of Law Enforcement,

15  which may submit the fingerprints to the Federal Bureau of

16  Investigation for a national criminal history records check.

17  The results of the criminal history records check shall be

18  returned to the department as a part of level 2 screening

19  pursuant to s. 435.04. An applicant must supply any missing

20  criminal history information or other necessary information to

21  the department within 30 days after the department requests

22  the information or be subject to automatic disqualification of

23  eligibility for certification. Evidence of compliance with the

24  requirements of chapter 435, F.S., within the last two years,

25  may satisfy the background screening requirements of this

26  subsection if there has not been a break in employment for a

27  period greater than 180 days since the completion of the

28  screening. In addition, an applicant must meet one of the

29  following requirements:

30         (a)  Has successfully completed an approved training

31  program and achieved a minimum score, established by rule of

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  1  the department, on the Florida Nursing Assistant Competency

  2  Evaluation, which consists of a written portion and skills

  3  demonstration portion approved by the department and

  4  administered at a site and by personnel approved by the

  5  department.

  6         (b)  Has achieved a minimum score, established by rule

  7  of the department, on the Florida Nursing Assistant Competency

  8  Evaluation, which consists of a written portion and skills

  9  demonstration portion, approved by the department and

10  administered at a site and by personnel approved by the

11  department and:

12         1.  Has a high school diploma, or its equivalent; or

13         2.  Is at least 18 years of age.

14         (c)  Is currently certified in another state; is listed

15  on that state's certified nursing assistant registry; has not

16  been found to have committed abuse, neglect, or exploitation

17  in that state; and has successfully completed a national

18  nursing assistant evaluation in order to receive certification

19  in that state.

20         (4)  If an applicant fails to pass the Florida Nursing

21  Assistant Competency Evaluation in three attempts, the

22  applicant is not eligible for reexamination unless the

23  applicant completes an approved training program.

24         (5)  An oral examination shall be administered as a

25  substitute for the written portion of the examination upon

26  request.

27         468.824  Denial, suspension, or revocation of

28  certification; certified nursing assistant registry.--

29         (1)  The department may deny, suspend, or revoke the

30  certification of any certified nursing assistant, based upon

31  written notification from a court of competent jurisdiction,

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  1  law enforcement agency, or administrative agency of any

  2  finding of guilt of, regardless of adjudication, or a plea of

  3  nolo contendere or guilty to, any offense set forth in the

  4  level 1 or level 2, if appropriate screening standards of

  5  chapter 435 or any confirmed report of abuse, neglect, or

  6  exploitation. However, the department may, upon the request of

  7  an applicant or a certificateholder, exempt the applicant or

  8  certificateholder from disqualification of certification under

  9  this subsection and issue a letter of exemption.

10         (2)  The following acts constitute grounds for which

11  the department may impose disciplinary sanctions as specified

12  in subsection (3):

13         (a)  Making misleading, deceptive, or fraudulent

14  representations on an application for certification.

15         (b)  Obtaining or renewing, or attempting to obtain or

16  renew, a certificate by bribery, by fraudulent

17  misrepresentation, or through an error of the department.

18         (c)  Intentionally violating any rule of the

19  department.

20         (d)  Failing to report to the department any person

21  whom the certificateholder knows to be in violation of this

22  part or failing to report a violation involving abuse to the

23  Department of Children and Family Services.

24         (e)  Making or filing a report that the

25  certificateholder knows to be false.

26         (f)  Exercising influence on the patient or client in

27  such a manner as to exploit the patient or client for the

28  financial gain of the certificateholder or a third party.

29         (g)  Improperly interfering with an investigation or

30  inspection authorized by law or with any disciplinary

31  proceeding.

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  1         (3)  When the department finds any person guilty of any

  2  of the grounds set forth in subsection (2), it may enter an

  3  order imposing one or more of the following penalties:

  4         (a)  Denial, suspension, or revocation of

  5  certification.

  6         (b)  Imposition of an administrative fine not to exceed

  7  $150 for each count or separate offense.

  8         (4)  The department shall, by rule, designate approved

  9  treatment programs for impaired practitioners as provided in

10  s. 455.707(1).

11         (5)  A certified nursing assistant shall notify the

12  department in writing of any change in name or address within

13  30 days after the change.

14         468.8245  Availability of disciplinary records and

15  proceedings.--Notwithstanding s. 455.621, any complaint or

16  record maintained by the Department of Health pursuant to the

17  discipline of a certified nursing assistant and any proceeding

18  held by the department to discipline a certified nursing

19  assistant shall remain open and available to the public.

20         468.825  Renewal of certification.--

21         (1)  A certified nursing assistant is eligible for

22  renewal of certification if the applicant has:

23         (a)  Worked a minimum of 8 hours for monetary

24  compensation as a certified nursing assistant in a

25  nursing-related occupation during the 24 months immediately

26  preceding application for recertification, as provided in an

27  attestation submitted by the applicant; or

28         (b)  Successfully completed the written portion and

29  skills demonstration portion of the Florida Nursing Assistant

30  Competency Evaluation.

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  1         (2)  Based upon written notification of a court of

  2  competent jurisdiction, law enforcement agency, or

  3  administrative agency, any person who has been found guilty

  4  of, regardless of adjudication, or pled nolo contendere or

  5  guilty to, any offense set forth in the level 1, or level 2,

  6  if appropriate screening standards of chapter 435, or who is a

  7  confirmed perpetrator of any incident of abuse, neglect, or

  8  exploitation, may not be recertified under this section unless

  9  the person receives an exemption from the department under s.

10  468.824(1).

11         (3)  The department may charge a fee determined by

12  rule, but which may not exceed $35, for issuing a duplicate

13  certificate at the request of a certified nursing assistant.

14         468.826  Exemption from liability.--If an employer

15  terminates a certified nursing assistant whose name appears on

16  the central abuse registry and tracking system of the

17  Department of Children and Family Services or on a criminal

18  screening report of the Department of Law Enforcement, the

19  employer is not civilly liable for such termination and a

20  cause of action may not be brought against the employer for

21  damages, regardless of whether the employee has filed for an

22  exemption from the department under s. 468.824(1). There may

23  not be any monetary liability on the part of, and a cause of

24  action for damages may not arise against, any licensed

25  facility, its governing board or members thereof, medical

26  staff, disciplinary board, agents, investigators, witnesses,

27  employees, or any other person for any action taken in good

28  faith without intentional fraud in carrying out this section.

29         468.827  Penalties; rulemaking authority.--

30         (1)  It is a misdemeanor of the first degree,

31  punishable as provided under s. 775.082 or s. 775.083, for any

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  1  person, knowingly or intentionally, to fail to disclose, by

  2  false statement, misrepresentation, impersonation, or other

  3  fraudulent means, in any application for voluntary or paid

  4  employment or licensure regulated under this part, a material

  5  fact used in making a determination as to such person's

  6  qualifications to be an employee or licensee.

  7         (2)  It is a felony of the third degree, punishable as

  8  provided under s. 775.082, s. 775.083, or s. 775.084, for a

  9  person to falsely make, alter, forge, or counterfeit a

10  certified nursing assistant certificate or letter of exemption

11  authorized under s. 468.824(1). The department may deny,

12  suspend, or revoke the certification of any nursing assistant

13  found to possess a false, altered, forged, or counterfeit

14  certificate or who attempts to use such a certificate in an

15  attempt to gain employment.

16         (3)  The department shall adopt rules to provide for

17  the initial certification and biennial renewal of

18  certification of certified nursing assistants. An application

19  for certification or renewal must be accompanied by a fee set

20  by the department, which may not exceed $35 plus the cost of

21  applicable background screening. The department may

22  periodically audit the records of a certified nursing

23  assistant in accordance with department rules.

24         Section 2.  Paragraph (g) of subsection (3) of section

25  20.43, Florida Statutes, is amended to read:

26         20.43  Department of Health.--There is created a

27  Department of Health.

28         (3)  The following divisions of the Department of

29  Health are established:

30

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  1         (g)  Division of Medical Quality Assurance, which is

  2  responsible for the following boards and professions

  3  established within the division:

  4         1.  Nursing assistants, as provided under part XV of

  5  chapter 468 s. 400.211.

  6         2.  Health care services pools, as provided under s.

  7  402.48.

  8         3.  The Board of Acupuncture, created under chapter

  9  457.

10         4.  The Board of Medicine, created under chapter 458.

11         5.  The Board of Osteopathic Medicine, created under

12  chapter 459.

13         6.  The Board of Chiropractic, created under chapter

14  460.

15         7.  The Board of Podiatric Medicine, created under

16  chapter 461.

17         8.  Naturopathy, as provided under chapter 462.

18         9.  The Board of Optometry, created under chapter 463.

19         10.  The Board of Nursing, created under chapter 464.

20         11.  The Board of Pharmacy, created under chapter 465.

21         12.  The Board of Dentistry, created under chapter 466.

22         13.  Midwifery, as provided under chapter 467.

23         14.  The Board of Speech-Language Pathology and

24  Audiology, created under part I of chapter 468.

25         15.  The Board of Nursing Home Administrators, created

26  under part II of chapter 468.

27         16.  Occupational therapy, as provided under part III

28  of chapter 468.

29         17.  Respiratory therapy, as provided under part V of

30  chapter 468.

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  1         18.  Dietetics and nutrition practice, as provided

  2  under part X of chapter 468.

  3         19.  Athletic trainers, as provided under part XIV of

  4  chapter 468.

  5         20.  Electrolysis, as provided under chapter 478.

  6         21.  The Board of Massage Therapy, created under

  7  chapter 480.

  8         22.  The Board of Clinical Laboratory Personnel,

  9  created under part III of chapter 483.

10         23.  Medical physicists, as provided under part IV of

11  chapter 483.

12         24.  The Board of Opticianry, created under part I of

13  chapter 484.

14         25.  The Board of Hearing Aid Specialists, created

15  under part II of chapter 484.

16         26.  The Board of Physical Therapy Practice, created

17  under chapter 486.

18         27.  The Board of Psychology, created under chapter

19  490.

20         28.  The Board of Clinical Social Work, Marriage and

21  Family Therapy, and Mental Health Counseling, created under

22  chapter 491.

23

24  The department may contract with the Agency for Health Care

25  Administration who shall provide consumer complaint,

26  investigative, and prosecutorial services required by the

27  Division of Medical Quality Assurance, councils, or boards, as

28  appropriate.

29         Section 3.  Section 400.211, Florida Statutes, is

30  amended to read:

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  1         400.211  Persons employed as nursing assistants in a

  2  nursing home facility; certification requirement.--

  3         (1)  A person must be certified pursuant to this

  4  section, except a registered nurse or practical nurse licensed

  5  in accordance with the provisions of chapter 464 or an

  6  applicant for such licensure who is permitted to practice

  7  nursing in accordance with rules promulgated by the Board of

  8  Nursing pursuant to chapter 464, to serve as a nursing

  9  assistant in any nursing home. The Department of Business and

10  Professional Regulation shall issue a certificate to any

11  person who:

12         (a)  Has successfully completed a nursing assistant

13  program in a state-approved school and has achieved a minimum

14  score of 75 percent on the written portion of the Florida

15  Nursing Assistant Certification Test approved by the

16  Department of Business and Professional Regulation and

17  administered by state-approved test site personnel;

18         (b)  Has achieved a minimum score of 75 percent on the

19  written and performance portions of the Florida Nursing

20  Assistant Certification Test approved by the Department of

21  Business and Professional Regulation and administered by

22  state-approved test site personnel; or

23         (c)  Is currently certified in another state, is on

24  that state's registry, has no findings of abuse, and has

25  achieved a minimum score of 75 percent on the written portion

26  of the Florida Nursing Assistant Certification Test approved

27  by the Department of Business and Professional Regulation and

28  administered by state-approved test site personnel.

29

30  An oral examination shall be administered upon request.

31

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  1         (2)  The agency may deny, suspend, or revoke the

  2  certification of any person to serve as a nursing assistant,

  3  based upon written notification from a court of competent

  4  jurisdiction, law enforcement agency, or administrative agency

  5  of any finding of guilt of, regardless of adjudication, or a

  6  plea of nolo contendere or guilty to, any offense set forth in

  7  the level 1 screening standards of chapter 435 or any

  8  confirmed report of abuse of a vulnerable adult.

  9         (1)(3)  The following categories of persons who are not

10  certified as nursing assistants under part XV of chapter 468

11  this part may be employed by a nursing facility for a period

12  of 4 months:

13         (a)  Persons who are enrolled in a state-approved

14  nursing assistant program; or

15         (b)  Persons who have been positively verified by a

16  department state-approved test site as certified and on the

17  registry in another state with no findings of abuse, but who

18  have not completed the written examination required under s.

19  468.823 this section.

20

21  The certification requirement must be met within 4 months

22  after of initial employment as a nursing assistant in a

23  licensed nursing facility.

24         (4)  A person certified under this section on or after

25  September 30, 1990, who has not worked for pay as a nursing

26  assistant in a nursing-related occupation for a period of time

27  during a consecutive 24-month period must be recertified under

28  this section to be eligible to work in a nursing facility.

29         (5)  Every certified nursing assistant hired by a

30  nursing home facility on or after October 1, 1993, must,

31  within 5 working days after starting employment at a nursing

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  1  home facility, submit to the facility a complete set of

  2  information necessary to conduct a records check through the

  3  central abuse registry under chapter 415 and a statewide

  4  criminal records correspondence check through the Department

  5  of Law Enforcement. The facility shall submit the information

  6  provided by the employee, within 48 hours, to the Department

  7  of Health and Rehabilitative Services' central abuse registry

  8  and to the Department of Law Enforcement, which shall conduct

  9  a screening according to the provisions of s. 400.497(2).

10         (2)(6)  Nursing homes shall require persons seeking

11  employment as a certified nursing assistant to submit an

12  employment history to the facility. The facility shall verify

13  the employment history unless, through diligent efforts, such

14  verification is not possible.  There shall be no monetary

15  liability on the part of, and no cause of action for damages

16  shall arise against, a former employer who reasonably and in

17  good faith communicates his or her honest opinion about a

18  former employee's job performance.

19         (3)(7)  If the requirements pursuant to the Omnibus

20  Budget Reconciliation Act of 1987, as amended, for the

21  certification of nursing assistants are in conflict with part

22  XV of chapter 468 this section, the federal requirements shall

23  prevail for those nursing home facilities certified to provide

24  care under Title XVIII (Medicare) or Title XIX (Medicaid) of

25  the Social Security Act.

26         (8)  The Department of Business and Professional

27  Regulation may adopt such rules as are necessary to carry out

28  this section.

29         Section 4.  Paragraph (a) of subsection (1) and

30  subsection (2) of section 400.4255, Florida Statutes, are

31  amended to read:

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  1         400.4255  Use of licensed personnel.--

  2         (1)(a)  Persons under contract to the facility,

  3  facility staff, or volunteers, who are licensed according to

  4  chapter 464, or those persons exempt under s. 464.022(1), and

  5  others as defined by rule, may administer medications to

  6  residents, take residents' vital signs, manage individual

  7  weekly pill organizers for residents who self-administer

  8  medication, give prepackaged enemas ordered by a physician,

  9  observe residents, document observations on the appropriate

10  resident's record, report observations to the resident's

11  physician, and contract or allow residents or a resident's

12  representative, designee, surrogate, guardian, or attorney in

13  fact to contract with a third party, provided residents meet

14  the criteria for appropriate placement as defined in s.

15  400.426.  Nursing assistants certified pursuant to part XV of

16  chapter 468 s. 400.211 may take residents' vital signs as

17  directed by a licensed nurse or physician.

18         (2)  In facilities licensed to provide extended

19  congregate care, persons under contract to the facility,

20  facility staff, or volunteers, who are licensed according to

21  chapter 464, or those persons exempt under s. 464.022(1), or

22  those persons certified as nursing assistants pursuant to part

23  XV of chapter 468 s. 400.211, may also perform all duties

24  within the scope of their license or certification, as

25  approved by the facility administrator and pursuant to this

26  part.

27         Section 5.  Subsection (1) of section 400.462, Florida

28  Statutes, is amended to read:

29         400.462  Definitions.--As used in this part, the term:

30

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  1         (1)  "Certified nursing assistant" means any person who

  2  has been issued a certificate after fulfilling the

  3  requirements of part XV of chapter 468 s. 400.211.

  4         Section 6.  Paragraph (a) of subsection (9) of section

  5  400.506, Florida Statutes, is amended to read:

  6         400.506  Licensure of nurse registries; requirements;

  7  penalties.--

  8         (9)(a)  A nurse registry may refer for contract in

  9  private residences registered nurses and licensed practical

10  nurses registered and licensed under chapter 464, certified

11  nursing assistants certified under part XV of chapter 468 s.

12  400.211, and sitters, companions, or homemakers for the

13  purposes of providing those services authorized under s.

14  400.509(1).

15         Section 7.  Paragraph (a) of subsection (2) of section

16  455.667, Florida Statutes, is amended to read:

17         455.667  Ownership and control of patient records;

18  report or copies of records to be furnished.--

19         (2)  As used in this section, the terms "records

20  owner," "health care practitioner," and "health care

21  practitioner's employer" do not include any of the following

22  persons or entities; furthermore, the following persons or

23  entities are not authorized to acquire or own medical records,

24  but are authorized to maintain those documents required by the

25  part or chapter under which they are licensed or regulated:

26         (a)  Certified nursing assistants regulated under part

27  XV of chapter 468 s. 400.211.

28         Section 8.  A certified nursing assistant who holds a

29  valid certification issued under section 400.211, Florida

30  Statutes, before October 1, 1998, is in compliance with this

31

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    Florida Senate - 1998                           CS for SB 1986
    317-2193-98




  1  act and is not subject to renewal of such certification until

  2  October 1, 2000.

  3         Section 9.  Pursuant to section 216.262, Florida

  4  Statutes, the Florida Department of Law Enforcement is granted

  5  authority to establish positions in excess of the total

  6  authorized positions upon submission of a proper request to

  7  the Administration Commission. These positions shall be

  8  established with funding from the department's Law Enforcement

  9  Operating Trust Fund and shall be used to process the

10  increased workload of conducting the criminal history records

11  checks authorized under this section. These positions will be

12  earmarked by the department, and, at such time as they are no

13  longer needed, may be placed in a reserve status for future

14  use.

15         Section 10.  Paragraph (t) is added to subsection (1)

16  of section 455.624, Florida Statutes, to read:

17         455.624  Grounds for discipline; penalties;

18  enforcement.--

19         (1)  The following acts shall constitute grounds for

20  which the disciplinary actions specified in subsection (2) may

21  be taken:

22         (t)  Failing to wear identification, which shall be

23  conspicuously displayed and legible, indicating the

24  practitioner's name and professional title authorized pursuant

25  to part XV, chapter 468, regulating certified nursing

26  assistants, while practicing as an employee of a hospital,

27  clinic, nursing home, or group practice, or at a commercial

28  establishment, offering health care services to the public.

29  Disciplinary actions for violation of this paragraph shall be

30  restricted to a notice of noncompliance pursuant to subsection

31  (3).

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  1         Section 11.  The Department of Health is authorized to

  2  have access to the background screening registry for nursing

  3  home employees maintained by the Agency for Health Care

  4  Administration, if created by SB 208, 1998 Regular Session, or

  5  similar legislation.

  6         Section 12.  This act shall take effect October 1,

  7  1998.

  8

  9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 1986

11

12  The committee substitute provides that a certified nursing
    assistant is subject to discipline for failure to wear legible
13  and conspicuously displayed identification, indicating the
    practitioner's name and professional title, while practicing
14  as an employee of a hospital, clinic, nursing home, or group
    practice, or at a commercial establishment, offering health
15  care services to the public.

16  The committee substitute gives the Department of Health access
    to the background screening registry for nursing home
17  employees maintained by the Agency for Health Care
    Administration, if created by the 1998 Legislature and grants
18  the Florida Department of Law Enforcement authority to
    establish positions to process the increased workload of
19  conducting criminal history records checks for nursing
    assistants that are in excess of the total authorized
20  positions after submitting a request to the Administration
    Commission and the positions shall be funded from the
21  department's Law Enforcement Operating Trust Fund.

22  The committee substitute no longer authorizes the Department
    of Health to charge a fee to cover its costs of including the
23  name of the certified nursing assistant on the registry of
    certified nursing assistants.
24

25

26

27

28

29

30

31

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