Senate Bill sb0364c1
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Florida Senate - 2002 CS for SB 364
By the Committee on Children and Families; and Senator Peaden
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1 A bill to be entitled
2 An act relating to persons with developmental
3 disabilities; amending s. 393.063, F.S.;
4 redefining the term "retardation" to revise
5 certain requirements for the standardized
6 intelligence test used to make such
7 determination; requiring that the Department of
8 Children and Family Services adopt a rule for
9 supported-living programs; amending s. 393.501,
10 F.S.; requiring the Department of Children and
11 Family Services to adopt rules for
12 administering certain waivers and delivering
13 services to persons who have developmental
14 disabilities; amending s. 765.401, F.S.;
15 providing for health care decisions for persons
16 having a developmental disability; providing an
17 effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Subsections (42) and (50) of section
22 393.063, Florida Statutes, are amended to read:
23 393.063 Definitions.--For the purposes of this
24 chapter:
25 (42) "Retardation" means significantly subaverage
26 general intellectual functioning existing concurrently with
27 deficits in adaptive behavior and manifested during the period
28 from conception to age 18. "Significantly subaverage general
29 intellectual functioning," for the purpose of this definition,
30 means performance that which is two or more standard
31 deviations from the mean score on a standardized intelligence
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Florida Senate - 2002 CS for SB 364
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1 test administered by a person authorized to administer such a
2 test under chapter 490 specified in the rules of the
3 department. "Adaptive behavior," for the purpose of this
4 definition, means the effectiveness or degree with which an
5 individual meets the standards of personal independence and
6 social responsibility expected of his or her age, cultural
7 group, and community.
8 (50) "Supported living" means a category of
9 individually determined services designed and coordinated in
10 such a manner as to provide assistance to adult clients who
11 require ongoing supports to live as independently as possible
12 in their own homes, to be integrated into the community, and
13 to participate in community life to the fullest extent
14 possible. The department shall adopt rules that specify the
15 number of persons having a developmental disability who may
16 live together in a single housing unit in a supported-living
17 program.
18 Section 2. Section 393.501, Florida Statutes, is
19 amended to read:
20 393.501 Rulemaking.--
21 (1) The department shall adopt rules to administer
22 carry out the provisions of this chapter. The rules must
23 include:
24 (1) Provisions for administering waivers authorized
25 under s. 409.906 for developmental services and home and
26 community-based services, including eligibility criteria for
27 providers and recipients; criteria and procedures for
28 enrollment and termination; qualifications for providing and
29 receiving services; criteria for authorizing and using
30 services; and standards for the quality and delivery of
31 services.
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Florida Senate - 2002 CS for SB 364
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1 (2) Standards and procedures for coordinating support
2 services, including criteria for applications and for
3 determining eligibility for services for developmental
4 disabilities, procedures for support planning, the
5 responsibilities of support coordinators, and standards for
6 the quality and delivery of services.
7 (3) Provisions for establishing a supported living
8 program, including definitions of terms; standards governing
9 eligibility for services, selection of housing, selection of
10 providers by participants, and planning for services; and
11 requirements for ongoing monitoring.
12 (4)(2) Requirements for Such rules shall address the
13 number of facilities on a single parcel or adjacent parcels of
14 land, and, in addition, for ICF/MR, the rate and location of
15 facility development and level of care for intermediate care
16 facilities for the developmentally disabled.
17 Section 3. Subsections (1) and (3) of section 765.401,
18 Florida Statutes, are amended to read:
19 765.401 The proxy.--
20 (1) If the patient has not executed an advance
21 directive, or designated a surrogate to execute an advance
22 directive, if or the designated or alternate surrogate is no
23 longer available to make health care decisions, or if a
24 guardian advocate has not been appointed for a person having a
25 developmental disability as defined under s. 393.063(12),
26 health care decisions may be made for the patient by any of
27 the following individuals, in the following order of priority,
28 if no individual in a prior class is reasonably available,
29 willing, or competent to act:
30 (a) The judicially appointed guardian of the patient,
31 who has been authorized to consent to medical treatment, if
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Florida Senate - 2002 CS for SB 364
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1 such guardian has previously been appointed; however, this
2 paragraph shall not be construed to require such appointment
3 before a treatment decision can be made under this subsection;
4 (b) The patient's spouse;
5 (c) An adult child of the patient, or if the patient
6 has more than one adult child, a majority of the adult
7 children who are reasonably available for consultation;
8 (d) A parent of the patient;
9 (e) The adult sibling of the patient or, if the
10 patient has more than one sibling, a majority of the adult
11 siblings who are reasonably available for consultation;
12 (f) An adult relative of the patient who has exhibited
13 special care and concern for the patient and who has
14 maintained regular contact with the patient and who is
15 familiar with the patient's activities, health, and religious
16 or moral beliefs; or
17 (g) A close friend of the patient.
18 (3) Before exercising the incapacitated patient's
19 rights to select or decline health care, the proxy must comply
20 with the provisions of ss. 765.205 and 765.305, except that a
21 proxy's decision to withhold or withdraw life-prolonging
22 procedures must be supported by clear and convincing evidence
23 that the decision would have been the one the patient would
24 have chosen had the patient been competent or, if there is no
25 indication of what the patient would have chosen, that the
26 decision is in the patient's best interest. Before exercising
27 the rights of a person who has a developmental disability as
28 defined under s. 393.063(12) to withhold or withdraw
29 life-prolonging procedures, a proxy must comply with s.
30 393.12.
31 Section 4. This act shall take effect July 1, 2002.
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Florida Senate - 2002 CS for SB 364
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 364
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4 Removes all provisions for modifying the certification program
for behavior analysts serving persons who are developmentally
5 disabled.
6 Requires that the Department of Children and Family Services
adopt a rule that will specify the number of persons having a
7 developmental disability who may live together in a single
housing unit under a supported living program.
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Specifies a procedure in s. 765.401, F.S., for a person with a
9 developmental disability to receive medical care when no
guardian advocate has been appointed.
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