SENATE AMENDMENT
Bill No. CS for CS for SB 2738
Amendment No. ___ Barcode 560224
CHAMBER ACTION
Senate House
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11 Senator Garcia moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 79, between lines 17 and 18,
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16 and insert:
17 Section 58. Section 393.506, Florida Statutes, is
18 created to read:
19 393.506 Administration of medication.--
20 (1) Notwithstanding the provisions of part I of
21 chapter 464, the Nurse Practice Act, unlicensed direct care
22 service staff providing services to persons with developmental
23 disabilities may administer oral, transdermal, inhaled, or
24 topical prescription medications as provided in this section.
25 (a) For day programs, as defined in s. 393.063, the
26 director of the facility or program shall designate in writing
27 unlicensed direct care services staff who are eligible to be
28 trained to assist in the administration of or to administer
29 medication.
30 (b) For intermediate care facilities for the
31 developmentally disabled licensed pursuant to part XI of
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7:46 PM 04/30/03 s2738c2c-40m0a
SENATE AMENDMENT
Bill No. CS for CS for SB 2738
Amendment No. ___ Barcode 560224
1 chapter 400, unlicensed staff designated by the director may
2 provide medication assistance under the general supervision of
3 a registered nurse licensed pursuant to chapter 464.
4 (2) Each facility, institution, or program must
5 include in its policies and procedures a plan for training
6 designated staff to ensure the safe handling, storage, and
7 administration of prescription medication. These policies and
8 procedures must be approved by the department before
9 unlicensed direct care services staff assist with medication.
10 (3) The policies and procedures must include, at a
11 minimum, the following provisions:
12 (a) An expressed and informed consent for each client.
13 (b) The director of the facility, program, or provider
14 must maintain a copy of the written prescription, and that
15 prescription must include the name of the medication, the
16 dosage and administration schedule, the reason for the
17 prescription, and the termination date.
18 (c) Each prescribed medication shall be kept in its
19 original container and in a secure location.
20 (4) The training required in this section shall be
21 conducted by a registered nurse or a physician licensed
22 pursuant to chapter 458 or chapter 459.
23 Section 59. Section 400.9685, Florida Statutes, is
24 created to read:
25 400.9685 Administration of medication.--
26 (1) Notwithstanding the provisions of the Nurse
27 Practice Act, part I of chapter 464, unlicensed direct care
28 services staff who are providing services to clients in
29 Intermediate Care Facilities for the Developmentally Disabled,
30 licensed pursuant to this part, may administer prescribed,
31 prepackaged, pre-measured medications under the general
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SENATE AMENDMENT
Bill No. CS for CS for SB 2738
Amendment No. ___ Barcode 560224
1 supervision of a registered nurse as provided in this section
2 and applicable rules. Training required by this section and
3 applicable rules must be conducted by a registered nurse
4 licensed pursuant to chapter 464, or a physician licensed
5 pursuant to chapter 458 or chapter 459.
6 (2) Each facility that allows unlicensed direct care
7 service staff to administer medications pursuant to this
8 section must:
9 (a) Develop and implement policies and procedures that
10 include a plan to ensure the safe handling, storage, and
11 administration of prescription medication.
12 (b) Maintain written evidence of the expressed and
13 informed consent for each client.
14 (c) Maintain a copy of the written prescription
15 including the name of the medication, the dosage, and
16 administration schedule.
17 (d) Maintain documentation regarding the prescription
18 including the name, dosage, and administration schedule,
19 reason for prescription, and the termination date; and
20 (e) Maintain documentation of compliance with required
21 training.
22 (3) Agency rules shall specify the following as it
23 relates to the administration of medications by unlicensed
24 staff:
25 (a) Medications authorized and packaging required.
26 (b) Acceptable methods of administration.
27 (c) A definition of "general supervision".
28 (d) Minimum educational requirements of staff.
29 (e) Criteria of required training and competency that
30 must be demonstrated prior to the administration of
31 medications by unlicensed staff including in-service training.
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SENATE AMENDMENT
Bill No. CS for CS for SB 2738
Amendment No. ___ Barcode 560224
1 (f) Requirements for safe handling, storage, and
2 administration of medications.
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4 (Redesignate subsequent sections.)
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7 ================ T I T L E A M E N D M E N T ===============
8 And the title is amended as follows:
9 On page 6, line 22, after the semicolon
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11 insert:
12 creating ss. 393.506 and 400.9685, F.S.;
13 providing for certain unlicensed staff to
14 assist persons with developmental disabilities
15 to administer certain prescription medications;
16 providing the conditions under which staff may
17 assist with medication; requiring the Agency
18 for Health Care Administration to provide for
19 specified aspects of the administration of
20 medication in rule;
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