Senate Bill sb2804
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Florida Senate - 2003 SB 2804
By Senator Fasano
11-1862-03
1 A bill to be entitled
2 An act relating to administration of
3 prescription medication; allowing certain
4 personnel of developmental training facilities
5 or rehabilitation workshop facilities to
6 administer or assist consumers in the
7 administration of prescription medication under
8 certain conditions; amending s. 393.063, F.S.;
9 replacing the term "developmental training
10 facility" with the term "adult day training
11 program"; providing an effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Administration of medication by
16 developmental training facilities or rehabilitation workshop
17 facility personnel.--
18 (1) Notwithstanding part I of chapter 464, Florida
19 Statutes, the "Nurse Practice Act," developmental training
20 facility and rehabilitation workshop facility personnel may
21 administer or assist consumers in the administration of
22 prescription medication if:
23 (a) Each adult day training program or rehabilitation
24 workshop facility has included in its approved Medicaid waiver
25 services policies and procedures a procedure to provide
26 training to ensure the safe handling, storage, and
27 administration of medication. The training must be provided by
28 a registered nurse, a licensed practical nurse, a physician
29 licensed under chapter 458 or chapter 459, Florida Statutes,
30 or a physician assistant licensed under chapter 458 or chapter
31 459, Florida Statutes, to the adult day training program
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Florida Senate - 2003 SB 2804
11-1862-03
1 qualified personnel designated by the agency director to
2 administer prescribed medication or assist consumers in the
3 administration of prescribed medication, or both.
4 (b) The policies required under paragraph (a) have
5 been approved by the Department of Children and Family
6 Services and include, but are not necessarily limited to, the
7 following provisions:
8 1. For each prescribed medication, the consumer or the
9 consumer's parent or guardian must provide written consent to
10 the director of the adult day training program or
11 rehabilitation workshop facility, in addition to a copy of the
12 written prescription, including, but not limited to, the name
13 of the medication, the dosage and times to be given, the
14 reason for the administration of the medication, and the time
15 duration of the prescription. The director or the director's
16 trained designee shall administer the medication or assist the
17 consumer in the administration of the medication, or both.
18 2. Each prescribed medication to be administered by
19 facility personnel must be received, counted, and stored in
20 its original container. When the medication is not in use, it
21 must be stored in its original container in a secure fashion
22 under lock and key in a location designated by the director.
23 (2) There shall be no liability for civil damages as a
24 result of the administration of such medication if the person
25 who administers the medication acts as an ordinarily
26 reasonably prudent person would have acted under the same or
27 similar circumstances.
28 Section 2. Subsection (14) of section 393.063, Florida
29 Statutes, is amended to read:
30 393.063 Definitions.--For the purposes of this
31 chapter:
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Florida Senate - 2003 SB 2804
11-1862-03
1 (14) "Adult day training program" "Developmental
2 training facility" means any nonresidential facility that
3 which provides basic training and habilitation to clients.
4 Section 3. This act shall take effect July 1, 2003.
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7 SENATE SUMMARY
8 Allows personnel employed by developmental training
facilities or rehabilitation workshop facilities to
9 administer or assist consumers in the administration of
prescription medication under certain conditions. In s.
10 393.063, F.S., replaces the term "developmental training
facility" with the term "adult day training program."
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