HB 1109

1
A bill to be entitled
2An act relating to hospice facilities; amending s. 553.73,
3F.S.; including certain hospice facilities in the Florida
4Building Code; amending s. 400.605, F.S.; deleting a
5provision requiring the Department of Elderly Affairs to
6adopt physical plant standards for hospice facilities;
7creating s. 400.6055, F.S.; requiring construction
8standards for certain hospice facilities to comply with
9the Florida Building Code; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Subsection (2) of section 553.73, Florida
14Statutes, is amended to read:
15     553.73  Florida Building Code.--
16     (2)  The Florida Building Code shall contain provisions or
17requirements for public and private buildings, structures, and
18facilities relative to structural, mechanical, electrical,
19plumbing, energy, and gas systems, existing buildings,
20historical buildings, manufactured buildings, elevators, coastal
21construction, lodging facilities, food sales and food service
22facilities, health care facilities, including assisted living
23facilities, adult day care facilities, hospice residential
24facilities, hospice inpatient facilities, and facilities for the
25control of radiation hazards, public or private educational
26facilities, swimming pools, and correctional facilities and
27enforcement of and compliance with such provisions or
28requirements. Further, the Florida Building Code must provide
29for uniform implementation of ss. 515.25, 515.27, and 515.29 by
30including standards and criteria for residential swimming pool
31barriers, pool covers, latching devices, door and window exit
32alarms, and other equipment required therein, which are
33consistent with the intent of s. 515.23. Technical provisions to
34be contained within the Florida Building Code are restricted to
35requirements related to the types of materials used and
36construction methods and standards employed in order to meet
37criteria specified in the Florida Building Code. Provisions
38relating to the personnel, supervision or training of personnel,
39or any other professional qualification requirements relating to
40contractors or their workforce may not be included within the
41Florida Building Code, and subsections (4), (5), (6), and (7)
42are not to be construed to allow the inclusion of such
43provisions within the Florida Building Code by amendment. This
44restriction applies to both initial development and amendment of
45the Florida Building Code.
46     Section 2.  Subsection (1) of section 400.605, Florida
47Statutes, is amended to read:
48     400.605  Administration; forms; fees; rules; inspections;
49fines.--
50     (1)  The department, in consultation with the agency, shall
51by rule establish minimum standards and procedures for a
52hospice. The rules must include:
53     (a)  License application procedures and requirements.
54     (b)  The qualifications of professional and ancillary
55personnel to ensure the provision of appropriate and adequate
56hospice care.
57     (c)  Standards and procedures for the administrative
58management of a hospice.
59     (d)  Standards for hospice services that ensure the
60provision of quality patient care.
61     (e)  Components of a patient plan of care.
62     (f)  Procedures relating to the implementation of advanced
63directives and do-not-resuscitate orders.
64     (g)  Procedures for maintaining and ensuring
65confidentiality of patient records.
66     (h)  Standards for hospice care provided in freestanding
67inpatient facilities that are not otherwise licensed medical
68facilities and in residential care facilities such as nursing
69homes, assisted living facilities, adult family care homes, and
70hospice residential units and facilities.
71     (i)  Physical plant standards for hospice residential and
72inpatient facilities and units.
73     (i)(j)  Components of a comprehensive emergency management
74plan, developed in consultation with the Department of Health,
75the Department of Elderly Affairs, and the Department of
76Community Affairs.
77     (j)(k)  Standards and procedures relating to the
78establishment and activities of a quality assurance and
79utilization review committee.
80     (k)(l)  Components and procedures relating to the
81collection of patient demographic data and other information on
82the provision of hospice care in this state.
83     Section 3.  Section 400.6055, Florida Statutes, is created
84to read:
85     400.6055  Construction and renovation; requirements.--The
86requirements for the construction and the renovation of a
87hospice inpatient facility or unit or a hospice residence must
88comply with the provisions of chapter 553 which pertain to
89building construction standards, including plumbing, electrical,
90glass, manufactured buildings, accessibility by physically
91handicapped persons, and the state minimum building codes.
92     Section 4.  This act shall take effect July 1, 2004.


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