Senate Bill sb2804

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

12  

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

14  

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

                                  1

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






    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:

                                  2

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






    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.

 5  

 6            *****************************************

 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."
11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

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