CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2084

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Forman moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 18, between lines 12 and 13,

15

16  insert:

17         Section 13.  Effective October 1, 1998, part XV of

18  chapter 468, Florida Statutes, consisting of sections 468.820,

19  468.821, 468.822, 468.823, 468.824, 468.825, 468.8245,

20  468.826, and 468.827, Florida Statutes, is created to read:

21         468.820  Short title.--This part may be cited as the

22  "Certified Nursing Assistant Act."

23         468.821  Definitions.--As used in this part, the term:

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

25  training conducted by a public or private educational center

26  licensed by the Department of Education to implement the basic

27  curriculum for certified nursing assistants which is approved

28  by the Department of Education.

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

30  meets the qualifications specified in this part and who is

31  certified by the department as a certified nursing assistant.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2084

    Amendment No.    





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

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

 3  assistants maintained by the department.

 4         468.822  Duties and powers of the department.--The

 5  department shall regulate the practice of certified nursing

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

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

 8  registry of certified nursing assistants. The registry must

 9  consist of a database including the name of each certified

10  nursing assistant in this state, other identifying

11  information, certification status, the effective date of

12  certification and any other information required by state or

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

14  exploitation as provided under chapter 435, and an indication

15  whether the certified nursing assistant was reimbursed for the

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

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

18  department shall establish testing procedures for use in

19  certifying nursing assistants and shall adopt rules regulating

20  the practice of certified nursing assistants to enforce this

21  part. The department may contract with or approve another

22  entity or organization to provide the examination services

23  required under 468.823, including development and

24  administration of examinations. The provider shall pay all

25  reasonable costs and expenses incurred by the department in

26  evaluating the provider's application and the provider's

27  performance during the delivery of services, including

28  examination services and procedures for maintaining the

29  certified nursing assistant registry.

30         468.823  Certified nursing assistants; certification

31  requirement.--

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2084

    Amendment No.    





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

 2  not practice as a certified nursing assistant unless the

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

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

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

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

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

 8  registered nurse or a practical nurse who is permitted to

 9  practice nursing in accordance with rules adopted by the Board

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

11  use the title "Certified Nursing Assistant" and the

12  abbreviation "C.N.A."

13         (3)  The department shall issue a certificate to

14  practice as a certified nursing assistant to any person who

15  demonstrates the ability to read and write and meets the

16  requirements of level 1 screening as provided in s. 435.03,

17  including a search for any report of abuse, neglect, or

18  exploitation of an adult. A person who has not maintained

19  continuous residency within the state for the 5 years

20  immediately preceding the date of application must comply with

21  the requirements for level 2 screening as provided in s.

22  435.04 and may be granted provisional certification for up to

23  180 days pending the receipt of written findings evidencing

24  completion of level 2 screening. Level 2 screening is not

25  required if an applicant attests in writing, under penalty of

26  perjury, that he or she meets the residency requirement. In

27  order to complete the requirements for level 2 screening, if

28  applicable, the applicant must furnish to the department a

29  full set of fingerprints to enable a criminal background

30  investigation to be conducted. The department shall submit the

31  completed fingerprint card to the Florida Department of Law

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2084

    Amendment No.    





 1  Enforcement, which may submit the fingerprints to the Federal

 2  Bureau of Investigation for a national criminal history

 3  records check. The results of the criminal history records

 4  check shall be returned to the department as a part of level 2

 5  screening pursuant to s. 435.04. An applicant must supply any

 6  missing criminal history information or other necessary

 7  information to the department within 30 days after the

 8  department requests the information or be subject to automatic

 9  disqualification of eligibility for certification. Evidence of

10  compliance with the requirements of chapter 435, F.S., within

11  the last 2 years, may satisfy the background screening

12  requirements of this subsection if there has not been a break

13  in employment for a period greater than 180 days since the

14  completion of the screening. In addition, an applicant must

15  meet one of the following requirements:

16         (a)  Has successfully completed an approved training

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

18  the department, on the Florida Nursing Assistant Competency

19  Evaluation, which consists of a written portion and skills

20  demonstration portion approved by the department and

21  administered at a site and by personnel approved by the

22  department.

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

24  of the department, on the Florida Nursing Assistant Competency

25  Evaluation, which consists of a written portion and skills

26  demonstration portion, approved by the department and

27  administered at a site and by personnel approved by the

28  department and:

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

30         2.  Is at least 16 years of age.

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2084

    Amendment No.    





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

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

 3  in that state; and has successfully completed a national

 4  nursing assistant evaluation in order to receive certification

 5  in that state.

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

 7  Assistant Competency Evaluation in three attempts, the

 8  applicant is not eligible for reexamination unless the

 9  applicant completes an approved training program.

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

11  substitute for the written portion of the examination upon

12  request.

13         468.824  Denial, suspension, or revocation of

14  certification; certified nursing assistant registry.--

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

16  certification of any certified nursing assistant, based upon

17  written notification from a court of competent jurisdiction,

18  law enforcement agency, or administrative agency of any

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

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

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

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

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

24  an applicant or a certificateholder, exempt the applicant or

25  certificateholder from disqualification of certification under

26  this subsection and issue a letter of exemption.

27         (2)  The following acts constitute grounds for which

28  the department may impose disciplinary sanctions as specified

29  in subsection (3):

30         (a)  Making misleading, deceptive, or fraudulent

31  representations on an application for certification.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2084

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

 2  renew, a certificate by bribery, by fraudulent

 3  misrepresentation, or through an error of the department.

 4         (c)  Intentionally violating any rule of the

 5  department.

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

 7  whom the certificateholder knows to be in violation of this

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

 9  Department of Children and Family Services.

10         (e)  Making or filing a report that the

11  certificateholder knows to be false.

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

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

14  financial gain of the certificateholder or a third party.

15         (g)  Improperly interfering with an investigation or

16  inspection authorized by law or with any disciplinary

17  proceeding.

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

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

20  order imposing one or more of the following penalties:

21         (a)  Denial, suspension, or revocation of

22  certification.

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

24  $150 for each count or separate offense.

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

26  treatment programs for impaired practitioners as provided in

27  s. 455.707(1).

28         (5)  A certified nursing assistant shall notify the

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

30  30 days after the change.

31         468.8245  Availability of disciplinary records and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2084

    Amendment No.    





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

 2  record maintained by the Department of Health pursuant to the

 3  discipline of a certified nursing assistant and any proceeding

 4  held by the department to discipline a certified nursing

 5  assistant shall remain open and available to the public.

 6         468.825  Renewal of certification.--

 7         (1)  A certified nursing assistant is eligible for

 8  renewal of certification if the applicant has:

 9         (a)  Worked a minimum of 40 hours for monetary

10  compensation as a certified nursing assistant in a

11  nursing-related occupation during the 24 months immediately

12  preceding application for recertification, as provided in an

13  attestation submitted by the applicant; or

14         (b)  Successfully completed the written portion and

15  skills demonstration portion of the Florida Nursing Assistant

16  Competency Evaluation.

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

18  competent jurisdiction, law enforcement agency, or

19  administrative agency, any person who has been found guilty

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

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

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

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

24  exploitation, may not be recertified under this section unless

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

26  468.824(1).

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

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

29  certificate at the request of a certified nursing assistant.

30         468.826  Exemption from liability.--If an employer

31  terminates a certified nursing assistant whose name appears on

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                                                  SENATE AMENDMENT

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 1  the central abuse registry and tracking system of the

 2  Department of Children and Family Services or on a criminal

 3  screening report of the Department of Law Enforcement, the

 4  employer is not civilly liable for such termination and a

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

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

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

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

 9  action for damages may not arise against, any licensed

10  facility, its governing board or members thereof, medical

11  staff, disciplinary board, agents, investigators, witnesses,

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

13  faith without intentional fraud in carrying out this section.

14         468.827  Penalties; rulemaking authority.--

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

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

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

18  false statement, misrepresentation, impersonation, or other

19  fraudulent means, in any application for voluntary or paid

20  employment or licensure regulated under this part, a material

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

22  qualifications to be an employee or licensee.

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

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

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

26  certified nursing assistant certificate or letter of exemption

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

28  suspend, or revoke the certification of any nursing assistant

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

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

31  attempt to gain employment.

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                                                  SENATE AMENDMENT

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

 2  the initial certification and biennial renewal of

 3  certification of certified nursing assistants. An application

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

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

 6  applicable background screening. The department may

 7  periodically audit the records of a certified nursing

 8  assistant in accordance with department rules.

 9         Section 14.  Effective October 1, 1998, paragraph (g)

10  of subsection (3) of section 20.43, Florida Statutes, is

11  amended to read:

12         20.43  Department of Health.--There is created a

13  Department of Health.

14         (3)  The following divisions of the Department of

15  Health are established:

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

17  responsible for the following boards and professions

18  established within the division:

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

20  chapter 468 s. 400.211.

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

22  402.48.

23         3.  The Board of Acupuncture, created under chapter

24  457.

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

26         5.  The Board of Osteopathic Medicine, created under

27  chapter 459.

28         6.  The Board of Chiropractic, created under chapter

29  460.

30         7.  The Board of Podiatric Medicine, created under

31  chapter 461.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2084

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 1         8.  Naturopathy, as provided under chapter 462.

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

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

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

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

 6         13.  Midwifery, as provided under chapter 467.

 7         14.  The Board of Speech-Language Pathology and

 8  Audiology, created under part I of chapter 468.

 9         15.  The Board of Nursing Home Administrators, created

10  under part II of chapter 468.

11         16.  Occupational therapy, as provided under part III

12  of chapter 468.

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

14  chapter 468.

15         18.  Dietetics and nutrition practice, as provided

16  under part X of chapter 468.

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

18  chapter 468.

19         20.  Electrolysis, as provided under chapter 478.

20         21.  The Board of Massage Therapy, created under

21  chapter 480.

22         22.  The Board of Clinical Laboratory Personnel,

23  created under part III of chapter 483.

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

25  chapter 483.

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

27  chapter 484.

28         25.  The Board of Hearing Aid Specialists, created

29  under part II of chapter 484.

30         26.  The Board of Physical Therapy Practice, created

31  under chapter 486.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2084

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 1         27.  The Board of Psychology, created under chapter

 2  490.

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

 4  Family Therapy, and Mental Health Counseling, created under

 5  chapter 491.

 6

 7  The department may contract with the Agency for Health Care

 8  Administration who shall provide consumer complaint,

 9  investigative, and prosecutorial services required by the

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

11  appropriate.

12         Section 15.  Effective October 1, 1998, section

13  400.211, Florida Statutes, is amended to read:

14         400.211  Persons employed as nursing assistants in a

15  nursing home facility; certification requirement.--

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

17  section, except a registered nurse or practical nurse licensed

18  in accordance with the provisions of chapter 464 or an

19  applicant for such licensure who is permitted to practice

20  nursing in accordance with rules promulgated by the Board of

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

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

23  Professional Regulation shall issue a certificate to any

24  person who:

25         (a)  Has successfully completed a nursing assistant

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

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

28  Nursing Assistant Certification Test approved by the

29  Department of Business and Professional Regulation and

30  administered by state-approved test site personnel;

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

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                                                  SENATE AMENDMENT

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 1  written and performance portions of the Florida Nursing

 2  Assistant Certification Test approved by the Department of

 3  Business and Professional Regulation and administered by

 4  state-approved test site personnel; or

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

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

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

 8  of the Florida Nursing Assistant Certification Test approved

 9  by the Department of Business and Professional Regulation and

10  administered by state-approved test site personnel.

11

12  An oral examination shall be administered upon request.

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

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

15  based upon written notification from a court of competent

16  jurisdiction, law enforcement agency, or administrative agency

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

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

19  the level 1 screening standards of chapter 435 or any

20  confirmed report of abuse of a vulnerable adult.

21         (1)(3)  The following categories of persons who are not

22  certified as nursing assistants under part XV of chapter 468

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

24  of 4 months:

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

26  nursing assistant program; or

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

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

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

30  have not completed the written examination required under s.

31  468.823 this section.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2084

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 1

 2  The certification requirement must be met within 4 months

 3  after of initial employment as a nursing assistant in a

 4  licensed nursing facility.

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

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

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

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

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

10         (5)  Every certified nursing assistant hired by a

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

12  within 5 working days after starting employment at a nursing

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

14  information necessary to conduct a records check through the

15  central abuse registry under chapter 415 and a statewide

16  criminal records correspondence check through the Department

17  of Law Enforcement. The facility shall submit the information

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

19  of Health and Rehabilitative Services' central abuse registry

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

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

22         (2)(6)  Nursing homes shall require persons seeking

23  employment as a certified nursing assistant to submit an

24  employment history to the facility. The facility shall verify

25  the employment history unless, through diligent efforts, such

26  verification is not possible.  There shall be no monetary

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

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

29  good faith communicates his or her honest opinion about a

30  former employee's job performance.

31         (3)(7)  If the requirements pursuant to the Omnibus

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

 2  certification of nursing assistants are in conflict with part

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

 4  prevail for those nursing home facilities certified to provide

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

 6  the Social Security Act.

 7         (8)  The Department of Business and Professional

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

 9  this section.

10         Section 16.  Effective October 1, 1998, paragraph (a)

11  of subsection (1) and subsection (2) of section 400.4255,

12  Florida Statutes, are amended to read:

13         400.4255  Use of licensed personnel.--

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

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

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

17  others as defined by rule, may administer medications to

18  residents, take residents' vital signs, manage individual

19  weekly pill organizers for residents who self-administer

20  medication, give prepackaged enemas ordered by a physician,

21  observe residents, document observations on the appropriate

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

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

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

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

26  the criteria for appropriate placement as defined in s.

27  400.426.  Nursing assistants certified pursuant to part XV of

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

29  directed by a licensed nurse or physician.

30         (2)  In facilities licensed to provide extended

31  congregate care, persons under contract to the facility,

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

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

 3  those persons certified as nursing assistants pursuant to part

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

 5  within the scope of their license or certification, as

 6  approved by the facility administrator and pursuant to this

 7  part.

 8         Section 17.  Effective October 1, 1998, subsection (1)

 9  of section 400.462, Florida Statutes, is amended to read:

10         400.462  Definitions.--As used in this part, the term:

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

12  has been issued a certificate after fulfilling the

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

14         Section 18.  Effective October 1, 1998, paragraph (a)

15  of subsection (9) of section 400.506, Florida Statutes, is

16  amended to read:

17         400.506  Licensure of nurse registries; requirements;

18  penalties.--

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

20  private residences registered nurses and licensed practical

21  nurses registered and licensed under chapter 464, certified

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

23  400.211, and sitters, companions, or homemakers for the

24  purposes of providing those services authorized under s.

25  400.509(1).

26         Section 19.  Effective October 1, 1998, paragraph (a)

27  of subsection (2) of section 455.667, Florida Statutes, is

28  amended to read:

29         455.667  Ownership and control of patient records;

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

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

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 1  owner," "health care practitioner," and "health care

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

 3  persons or entities; furthermore, the following persons or

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

 5  but are authorized to maintain those documents required by the

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

 7         (a)  Certified nursing assistants regulated under part

 8  XV of chapter 468 s. 400.211.

 9         Section 20.  A certified nursing assistant who holds a

10  valid certification issued under section 400.211, Florida

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

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

13  October 1, 2000. This section takes effect October 1, 1998.

14         Section 21.  Pursuant to section 216.262, Florida

15  Statutes, the Florida Department of Law Enforcement is granted

16  authority to establish positions in excess of the total

17  authorized positions upon submission of a proper request to

18  the Administration Commission. These positions shall be

19  established with funding from the department's Law Enforcement

20  Operating Trust Fund and shall be used to process the

21  increased workload of conducting the criminal history records

22  checks authorized under this section. These positions will be

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

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

25  use. This section takes effect October 1, 1998.

26         Section 22.  Effective October 1, 1998, paragraph (t)

27  is added to subsection (1) of section 455.624, Florida

28  Statutes, to read:

29         455.624  Grounds for discipline; penalties;

30  enforcement.--

31         (1)  The following acts shall constitute grounds for

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2084

    Amendment No.    





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

 2  be taken:

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

 4  conspicuously displayed and legible, indicating the

 5  practitioner's name and professional title authorized pursuant

 6  to part XV, chapter 468, regulating certified nursing

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

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

 9  establishment, offering health care services to the public.

10  Disciplinary actions for violation of this paragraph shall be

11  restricted to a notice of noncompliance pursuant to subsection

12  (3).

13         Section 23.  The Department of Health is authorized to

14  have access to the background screening registry for nursing

15  home employees maintained by the Agency for Health Care

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

17  similar legislation. This section takes effect October 1,

18  1998.

19

20

21  ================ T I T L E   A M E N D M E N T ===============

22  And the title is amended as follows:

23         On page 2, line 6, after the semicolon

24

25  insert:

26         creating part XV of chapter 468, F.S.;

27         providing a short title; providing definitions;

28         providing duties and powers of the Department

29         of Health in regulating the practice of

30         certified nursing assistants; providing

31         requirements for a state registry of certified

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2084

    Amendment No.    





 1         nursing assistants; providing requirements for

 2         obtaining certification as a certified nursing

 3         assistant; authorizing the department to deny,

 4         suspend, or revoke a person's certification

 5         upon certain findings or reports of abuse,

 6         neglect, or exploitation; authorizing the

 7         department to exempt an applicant or

 8         certificateholder from disqualification of

 9         certification; specifying certain acts that

10         constitute grounds for disciplinary sanctions;

11         providing penalties; requiring that the

12         department maintain a registry of certified

13         nursing assistants; providing requirements for

14         records and meetings held for disciplinary

15         actions; providing for renewal of

16         certification; exempting an employer from

17         liability for terminating a certified nursing

18         assistant under certain circumstances;

19         authorizing the department to contract for

20         examination services; providing penalties;

21         providing rulemaking authority; amending s.

22         400.211, F.S.; deleting obsolete provisions

23         with respect to the regulation of certified

24         nursing assistants by the Department of

25         Business and Professional Regulation; providing

26         for certain federal requirements to apply to

27         specified nursing home facilities under certain

28         circumstances; amending ss. 20.43, 400.4255,

29         400.462, 400.506, 455.667, F.S., relating to

30         the Department of Health, the use of licensed

31         personnel in assisted living facilities, the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2084

    Amendment No.    





 1         regulation of home health agencies, nurse

 2         registries, and the ownership and control of

 3         patient records; conforming cross-references to

 4         changes made by the act; providing for the

 5         continued validity of certifications issued

 6         before the effective date of the act;

 7         authorizing certain positions for the Florida

 8         Department of Law Enforcement in excess of

 9         those otherwise authorized; providing funding;

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

11         care professionals for whom failure to wear

12         certain identification while offering services

13         to the public is grounds for disciplinary

14         action; authorizing the Department of Health to

15         have access to a background screening registry

16         for nursing home employees;

17

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