Senate Bill sb1344

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    Florida Senate - 2004                                  SB 1344

    By Senator Constantine





    22-927-04

  1                      A bill to be entitled

  2         An act relating to hospice facilities; amending

  3         s. 553.73, F.S.; including hospice facilities

  4         in the Florida Building Code; amending s.

  5         400.605, F.S.; deleting provisions requiring

  6         the Department of Elderly Affairs to adopt

  7         physical plant standards for hospice

  8         facilities; creating s. 400.6055, F.S.;

  9         requiring construction standards for hospice

10         facilities to comply with the Florida Building

11         Code; providing an effective date.

12  

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

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15         Section 1.  Subsection (2) of section 553.73, Florida

16  Statutes, is amended to read:

17         553.73  Florida Building Code.--

18         (2)  The Florida Building Code shall contain provisions

19  or requirements for public and private buildings, structures,

20  and facilities relative to structural, mechanical, electrical,

21  plumbing, energy, and gas systems, existing buildings,

22  historical buildings, manufactured buildings, elevators,

23  coastal construction, lodging facilities, food sales and food

24  service facilities, health care facilities, including assisted

25  living facilities, adult day care facilities, hospice

26  residential facilities, inpatient facilities, and facilities

27  for the control of radiation hazards, public or private

28  educational facilities, swimming pools, and correctional

29  facilities and enforcement of and compliance with such

30  provisions or requirements. Further, the Florida Building Code

31  must provide for uniform implementation of ss. 515.25, 515.27,

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    Florida Senate - 2004                                  SB 1344
    22-927-04




 1  and 515.29 by including standards and criteria for residential

 2  swimming pool barriers, pool covers, latching devices, door

 3  and window exit alarms, and other equipment required therein,

 4  which are consistent with the intent of s. 515.23. Technical

 5  provisions to be contained within the Florida Building Code

 6  are restricted to requirements related to the types of

 7  materials used and construction methods and standards employed

 8  in order to meet criteria specified in the Florida Building

 9  Code. Provisions relating to the personnel, supervision or

10  training of personnel, or any other professional qualification

11  requirements relating to contractors or their workforce may

12  not be included within the Florida Building Code, and

13  subsections (4), (5), (6), and (7) are not to be construed to

14  allow the inclusion of such provisions within the Florida

15  Building Code by amendment. This restriction applies to both

16  initial development and amendment of the Florida Building

17  Code.

18         Section 2.  Subsection (1) of section 400.605, Florida

19  Statutes, is amended to read:

20         400.605  Administration; forms; fees; rules;

21  inspections; fines.--

22         (1)  The department, in consultation with the agency,

23  shall by rule establish minimum standards and procedures for a

24  hospice. The rules must include:

25         (a)  License application procedures and requirements.

26         (b)  The qualifications of professional and ancillary

27  personnel to ensure the provision of appropriate and adequate

28  hospice care.

29         (c)  Standards and procedures for the administrative

30  management of a hospice.

31  

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    Florida Senate - 2004                                  SB 1344
    22-927-04




 1         (d)  Standards for hospice services that ensure the

 2  provision of quality patient care.

 3         (e)  Components of a patient plan of care.

 4         (f)  Procedures relating to the implementation of

 5  advanced directives and do-not-resuscitate orders.

 6         (g)  Procedures for maintaining and ensuring

 7  confidentiality of patient records.

 8         (h)  Standards for hospice care provided in

 9  freestanding inpatient facilities that are not otherwise

10  licensed medical facilities and in residential care facilities

11  such as nursing homes, assisted living facilities, adult

12  family care homes, and hospice residential units and

13  facilities.

14         (i)  Physical plant standards for hospice residential

15  and inpatient facilities and units.

16         (i)(j)  Components of a comprehensive emergency

17  management plan, developed in consultation with the Department

18  of Health, the Department of Elderly Affairs, and the

19  Department of Community Affairs.

20         (j)(k)  Standards and procedures relating to the

21  establishment and activities of a quality assurance and

22  utilization review committee.

23         (k)(l)  Components and procedures relating to the

24  collection of patient demographic data and other information

25  on the provision of hospice care in this state.

26         Section 3.  Section 400.6055, Florida Statutes, is

27  created to read:

28         400.6055  Construction and renovation;

29  requirements.--The requirements for the construction and the

30  renovation of a hospice inpatient facility or unit or a

31  hospice residence must comply with the provisions of chapter

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    Florida Senate - 2004                                  SB 1344
    22-927-04




 1  553 which pertain to building construction standards,

 2  including plumbing, electrical, glass, manufactured buildings,

 3  accessibility by physically handicapped persons, and the state

 4  minimum building codes.

 5         Section 4.  This act shall take effect July 1, 2004.

 6  

 7            *****************************************

 8                          SENATE SUMMARY

 9    Includes hospice facilities in the Florida Building Code.
      Deletes requirements that the Department of Elderly
10    Affairs adopt physical plant standards for a hospice.
      Requires construction standards for hospice facilities to
11    comply with the Florida Building Code.

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