Senate Bill sb1658

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    Florida Senate - 2004                                  SB 1658

    By Senator Diaz de la Portilla





    36-812B-04

  1                      A bill to be entitled

  2         An act relating to public health services;

  3         providing legislative intent with respect to

  4         the licensure and regulation of facilities that

  5         provide care for medically fragile or

  6         technologically dependent children; providing

  7         definitions; providing requirements for the

  8         licensure of subacute pediatric prescribed

  9         extended alternative care centers; providing

10         for the licensing of such facilities by the

11         Agency for Health Care Administration;

12         providing criminal sanctions; prescribing a

13         license fee; providing requirements for

14         applicants for licensure; providing

15         requirements for a licensee in administering

16         and managing a SPPEAC center; requiring that

17         each center have an advisory board; providing

18         for membership on the advisory board; providing

19         requirements for the admission of a child to a

20         SPPEAC center; requiring each center to

21         maintain policies for child care; requiring

22         that a board-certified pediatrician serve as

23         the medical director of a center; providing

24         requirements for the nursing services provided

25         at a SPPEAC center; providing requirements for

26         the qualifications and experience of nursing

27         personnel; specifying the minimum

28         staff-to-child ratio for a center; providing

29         requirements for ancillary professional staff;

30         requiring that a SPPEAC center provide certain

31         educational services for children admitted to

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    Florida Senate - 2004                                  SB 1658
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 1         the center; requiring in-service training for

 2         center staff and family members of children

 3         admitted to the center; requiring that the

 4         center maintain certain medical records;

 5         requiring that a center have a committee to

 6         conduct reviews for quality assurance;

 7         providing requirements for dietary services

 8         provided at a center; providing requirements

 9         for the physical environment of a SPPEAC

10         center; requiring that a center maintain

11         certain specified safety, medical, and

12         emergency equipment; providing requirements for

13         infection control; providing requirements for

14         transportation services provided by a center;

15         requiring that a center conform to certain

16         minimum emergency standards; providing an

17         effective date.

18  

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

20  

21         Section 1.  Purpose.--It is the intent of the

22  Legislature to provide for the licensure and regulation of

23  subacute pediatric prescribed extended alternative care

24  facilities that provide transitional care for medically

25  fragile or technologically dependent children on a short-term

26  basis of 90 days or less. It is the intent of the Legislature

27  to establish and enforce basic standards for SPPEAC centers in

28  order to assure that the centers provide the necessary

29  family-centered medical, developmental, physiological,

30  nutritional, psychosocial, and family training services.

31  

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    Florida Senate - 2004                                  SB 1658
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 1         Section 2.  Definitions.--As used in this act, the

 2  term:

 3         (1)  "Administrator," "manager," or "supervisor"

 4  includes the manager, supervisor, and members of the board of

 5  directors and the officers of any firm, partnership,

 6  association, or corporation with whom the applicant may

 7  contract to provide for the management or supervision of the

 8  SPPEAC center.

 9         (2)  "Advisory board" means a group of health care

10  professionals and at least one consumer approved by the SPPEAC

11  medical and nursing directors to serve each SPPEAC center to

12  review policies, procedures, and licensure requirements and to

13  provide consultation to the administrators of the center.

14         (3)  "Agency" means the Agency for Health Care

15  Administration.

16         (4)  "Ancillary services" include, but are not limited

17  to, speech therapy, occupational therapy, physical therapy,

18  social work, and developmental, childhood, and psychological

19  services.

20         (5)  "Applicant" means an individual applicant applying

21  for licensure or members of a board of directors and the

22  officers of a firm, partnership, association, or corporation

23  applying for licensure.

24         (6)  "Basic services" includes, but is not limited to,

25  development, implementation, and monitoring of a comprehensive

26  plan of care, developed in conjunction with a child's parent

27  or guardian, which specifies the medical, nursing,

28  psychosocial, and developmental therapies required by the

29  medically fragile or technologically dependent child served,

30  as well as the caregiver-training needs of the child's parent

31  or guardian.

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 1         (7)  "Executive director" or "owner" means an

 2  individual who has general administrative charge of a SPPEAC

 3  center.

 4         (8)  "Licensee" means a facility that has been issued a

 5  licence to operate as a SPPEAC center.

 6         (9)  "Medical director" means a physician who is

 7  licensed under chapter 458 or chapter 459, Florida Statutes,

 8  who is certified by the American Board of Pediatrics or the

 9  American Osteopathic Board of Pediatrics, and who serves as

10  the liaison between the SPPEAC and the medical community.

11         (10)  "Medical records" means the medical records

12  maintained by a SPPEAC center in accordance with accepted

13  professional standards and practices.

14         (11)  "Medically fragile or technologically dependent

15  child" means a child who, because of a medical condition,

16  requires continuous therapeutic interventions or skilled

17  nursing supervision.

18         (12)  "Nursing director" means a registered nurse who

19  is licensed under chapter 464, Florida Statutes, and who is

20  responsible for providing continuous supervision of services

21  provided by a SPPEAC center and managing the daily nursing

22  services of the center.

23         (13)  "Plan of care" means the comprehensive plan for

24  implementing the medical, nursing, psychosocial,

25  developmental, and education therapies provided by a SPPEAC

26  center.

27         (14)  "Premises" means the buildings, beds, and

28  facilities located at the address of the licensee.

29         (15)  "Prescribing physician" means the physician

30  licensed under chapter 458 or chapter 459, Florida Statutes,

31  who signs the order admitting a child to a SPPEAC center.

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 1         (16)  "Primary physician" means the physician licensed

 2  under chapter 458 or chapter 459, Florida Statutes, who

 3  maintains overall responsibility for a child's medical

 4  management and who is available for consultation and

 5  collaboration with the staff of the SPPEAC center.

 6         (17)  "Quality assurance" means the mandatory program

 7  that all SPPEAC centers must have to assure periodic review of

 8  medical records at least annually and the determination of the

 9  quality and appropriateness of care rendered by the center and

10  changes required to effectuate that care.

11         (18)  "Quality assurance committee" means a group of

12  health care professionals, such as physicians, registered

13  nurses, licensed practical nurses, and therapists, and at

14  least one consumer approved by the SPPEAC board of directors

15  to serve each SPPEAC center by reviewing SPPEAC medical

16  records and treatment procedures and evaluating the quality of

17  care provided to each child.

18         (19)  "Acute care" means a level of health care in

19  which a patient is treated for a brief but severe episode of

20  illness for conditions that are the result of disease or

21  trauma in addition to recovery from surgery.

22         (20)  "Long-term care" means a provision of services,

23  including health care, personal care, social services, and

24  economic assistance, delivered in a variety of settings for an

25  extended period of time.

26         (21)  "Transitional care" means a type of care that may

27  include rehabilitation services, specialized care for certain

28  conditions or postsurgical care and other services associated

29  with the transition between the hospital and home. Children

30  who are on these units and who have been hospitalized recently

31  have more complicated medical needs. The goal of subacute care

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 1  is to discharge children to their homes or to a lower level of

 2  care.

 3         (22)  "Subacute" means the level of care which falls

 4  between acute care and chronic care or long-term care.

 5         (23)  "Subacute pediatric prescribed extended

 6  alternative care center" or "SPPEAC center" means any building

 7  or other place, whether operated for profit or not, which

 8  provides basic services, as described in this act, to three or

 9  more medically fragile or technologically dependent children

10  who are not related to the owner or executive director by

11  blood, marriage, or adoption and who require such services as

12  determined by a physician or an advanced registered nurse

13  practitioner. Infants and children considered for admission to

14  a SPPEAC center must have a complex medical condition that

15  requires daily care, transitional care, or continual care. The

16  prerequisite for admission is a prescription from the child's

17  attending physician or primary physician and consent of the

18  child's parent or guardian.

19         (24)  "Transition" means the link between acute care

20  and home or long-term care.

21         Section 3.  License required.--

22         (1)  A person, firm, association, partnership, or

23  corporation may not directly or indirectly operate a SPPEAC

24  center in this state without first applying for and receiving

25  a license from the agency to operate the facility. Any person,

26  firm, association, partnership, or corporation that violates

27  this subsection commits a felony of the third degree,

28  punishable as provided in s. 775.082, s. 775.083, or s.

29  775.084.

30         (2)  Any person operating a facility in this state is

31  subject to the requirements of this act.

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 1         (3)  An applicant for licensure must submit a separate

 2  application for each building of a facility if the buildings

 3  are located on separate premises.

 4         (4)  A SPPEAC licensee may not operate a facility at a

 5  capacity greater than the number of beds indicated on the face

 6  of the license.

 7         (5)  A license issued for the operation of a SPPEAC

 8  center expires 1 year following the date of issuance, unless

 9  sooner suspended or revoked. An applicant for license renewal

10  must comply with the provisions of this act.

11         (6)  Another licensed entity that is a business or

12  organization that provides a complementary service or product

13  for the benefit of the SPPEAC client and his or her family may

14  collocate with a SPPEAC center.

15         Section 4.  Licensure procedure.--

16         (1)  Application for a license to operate a SPPEAC

17  center must be made on a form prescribed by the agency and

18  must be submitted to the agency under oath by the owner or

19  administrator of the center.

20         (2)  Except for a county or municipality, each

21  applicant must submit a license fee to the Agency for Health

22  Care Administration, along with the application for licensure,

23  in an amount determined by the agency to be sufficient to

24  cover the agency's costs in carrying out its responsibilities

25  under this part. This license fee may not be less than $500 or

26  more than $1,200.

27         (3)  All information provided on the application forms,

28  or by a request for additional information, must be accurate

29  and current at the time of filing.

30  

31  

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 1         (4)  An applicant for an initial license to operate a

 2  SPPEAC center shall submit an application providing all of the

 3  information required by the agency, which must include:

 4         (a)  The number of beds for which the license is being

 5  requested.

 6         (b)  The name of the SPPEAC center's administrator,

 7  manager, executive director, or supervisor; the name and

 8  license number of the director of nursing and all other

 9  currently employed licensed personnel; and the number of

10  currently employed supportive personnel including, but not

11  limited to, respiratory technicians, certified nursing

12  assistants, emergency medical technicians, and paramedics

13  having responsibility for any part of the care given to

14  clients.

15         (c)  A listing of the number of dietary, housekeeping,

16  maintenance, and other personnel who are available on a daily

17  basis.

18         (d)  Certificates of approval from the local zoning

19  authority indicating that the location of the facility

20  conforms to local zoning ordinances.

21         (e)  Proof of financial ability to operate the facility

22  in accordance with the requirements of this act, which must be

23  documented as follows:

24         1.  A projection of revenue and expenses for the first

25  12 months of operation, including a conversion of the

26  projection to a cash-flow analysis, a balance sheet as of the

27  beginning of the reporting period, and a pro forma balance

28  sheet as of the end of the reporting period. These documents

29  must be prepared in accordance with generally accepted

30  accounting principles;

31  

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 1         2.  A copy of all deeds, contracts for sale, and

 2  leases, whether existing or proposed, showing that the

 3  applicant is responsible for the operation of the facility;

 4         3.  A contingency plan that demonstrates the ability of

 5  the applicant to handle extraordinary occurrences that would

 6  have a financial impact, such as major repairs, purchase of

 7  capital equipment, or decrease in paid children's days. An

 8  applicant meets this requirement if necessary contingency

 9  funds are guaranteed from within the applicant's organization

10  or from proprietors, partners, or stockholders, or are

11  evidenced as available from commitments from lending

12  institutions, a line of credit, a letter of credit, or similar

13  evidence. If the contingency funds are guaranteed by the

14  applicant's organization, a proprietor, partners, or

15  stockholders, the guarantors must submit a signed statement

16  that the required funds shall be made available when

17  necessary. The applicant must have a positive cash flow,

18  including contingency funding, for each of the first 12 months

19  of operation and must have a contingency plan for an amount

20  not less than 80 percent of the total expenses detailed in the

21  operating budget for the first 12 months of operation. If a

22  line of credit exists, a letter from the lending institution

23  must be submitted which states:

24         a.  The amount;

25         b.  The terms and conditions;

26         c.  The interest rate;

27         d.  The repayment schedule;

28         e.  The collateral;

29         f.  The guarantors; and

30         g.  The balance available on the date of license

31  application;

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 1         4.  The names of proprietors, partners, or stockholders

 2  owning at least a 10-percent interest, and the officers of:

 3         a.  The applicant;

 4         b.  The lessor;

 5         c.  The management company; and

 6         d.  The seller.

 7  

 8  The financial information submitted by the applicant for

 9  compliance with requirements for proof of financial ability

10  must be prepared in accordance with generally accepted

11  accounting principles. The financial information must be

12  reviewed by the agency, and a decision shall be made regarding

13  the applicant's financial ability to operate a SPPEAC center.

14  All financial statements, other then projections, must be

15  certified as true and correct by a corporate officer, all

16  partners of a partnership, or an individual delegated by the

17  owner to do so, as appropriate.

18         (f)  For new construction or new operations:

19         1.  Certificates of zoning approval from the county or

20  the municipality if the facility is located within municipal

21  limits; and

22         2.  Proof of approval for occupancy.

23         (g)  For a change of the licensed operator, proof of

24  compliance with applicable provisions of this act.

25         (h)  Such additional related information that the

26  agency determines is necessary in order to act upon the

27  application.

28         (5)  An applicant for renewal of a license to operate a

29  SPPEAC facility must submit an application that includes:

30         (a)  All of the information required by paragraphs

31  (4)(a), (d), (e), and (f); and

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 1         (b)  The information required by paragraph (4)(b) for

 2  each of the new personnel, if there has been a change of

 3  administrator, executive director, manager, supervisor,

 4  medical director, director of nursing services, or any

 5  licensed nurse during the preceding year.

 6         (6)  If the licensee of a facility seeks to increase

 7  the number of beds for which the facility is licensed, the

 8  licensee must:

 9         (a)  Provide certificates of approval from the local

10  zoning authority indicating that the location of the facility

11  conforms to local zoning ordinances as to capacity; and

12         (b)  Submit an application as required by subsection

13  (5) to modify the license accordingly.

14         (7)  Each applicant for a license to operate a

15  facility, whether for initial licensure or for renewal, and

16  the administrator, executive director, manager, or supervisor

17  of the facility must:

18         (a)  Be 18 years of age or older;

19         (b)  Be of good moral character; and

20         (c)  Have not been convicted or found guilty,

21  regardless of adjudication, in any jurisdiction, of any felony

22  involving fraud, embezzlement, fraudulent conversion,

23  misappropriation of property, violence against a person, or

24  moral turpitude.

25         (8)  Documentation for the agency showing compliance

26  with subsection (7), whether for initial licensure or for

27  renewal, must be submitted with the application and must

28  include:

29         (a)  Three character references for the applicant and

30  for the administrator, executive director, manager, or

31  

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 1  supervisor of the facility, except on renewal if previously

 2  provided to the department;

 3         (b)  The criminal record, if any, of the applicant and

 4  of the administrator, executive director, manager, or

 5  supervisor of the facility listing the court, the date of

 6  conviction, the offense, and the penalty imposed for each

 7  conviction regardless of adjudication; and

 8         (c)  A copy of any injunctive or restrictive order or

 9  federal or state administrative order relating to business

10  activity or health care services as a result of an action

11  brought by a public agency or department, including, without

12  limitation, an action affecting a licensee under chapter 391,

13  Florida Statutes, which is currently in effect with respect to

14  the applicant or the administrator, executive director,

15  manager, or supervisor of the facility.

16         (9)(a)  Each facility must obtain and keep in force

17  liability insurance. Proof of liability insurance must be

18  submitted at the time of application. Liability insurance is

19  insurance against legal liability for death, injury, or

20  disability of any human being, or for damage to property, with

21  provision for medical, hospital, and surgical benefits to the

22  injured person, irrespective of the legal disability of the

23  insured, when issued as a part of a liability insurance

24  contract.

25         (b)  Minimum liability insurance coverage shall be at

26  least $50,000 per child for bodily injury and $150,000 per

27  occurrence for the center, and $50,000 per child for bodily

28  injury and $150,000 per occurrence for the vehicles if

29  transportation services are provided by the center.

30         Section 5.  Administration and management.--

31  

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 1         (1)  The licensee of each SPPEAC center has full legal

 2  authority and responsibility for operating the facility.

 3  Responsibilities of the licensee include, but are not limited

 4  to:

 5         (a)  Employing or otherwise arranging for the services

 6  of personnel required to properly staff the center in

 7  accordance with chapter 400, Florida Statutes, and this act;

 8         (b)  Adopting and making public a statement of the

 9  children's rights in accordance with chapter 400, Florida

10  Statutes;

11         (c)  Making application for a license to operate the

12  center in accordance with chapter 400, Florida Statutes, and

13  this act;

14         (d)  Providing equipment and supplies required to meet

15  the basic needs of the children;

16         (e)  Ensuring that the center is operated in compliance

17  with chapter 400, Florida Statutes, and this act;

18         (f)  Ensuring that services identified as required to

19  meet the needs of the children are provided directly by center

20  personnel or secured from outside sources; and

21         (g)  Ensuring that a copy of chapter 400, Florida

22  Statutes, a copy of the SPPEAC rules adopted according to this

23  act, a medical dictionary, the current year's copy of the

24  American Academy of Pediatrics Red Book, and the current

25  year's drug reference book are available in the center.

26         (2)  The licensee shall manage the center on a sound

27  financial basis and shall have the financial ability to

28  operate the facility in accordance with the requirements of

29  this act. A violation of this standard includes issuing bad

30  checks; failing to make timely tax and payroll deposits; or

31  

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 1  failing to meet financial obligations for food, shelter, care,

 2  and utilities when due.

 3         (3)  Each SPPEAC center shall be organized in

 4  accordance with a written table of organization which

 5  describes the lines of authority and communication down to the

 6  child-care level. The organizational structure must be

 7  designed to ensure an integrated continuum of services to the

 8  clients.

 9         (4)(a)  The licensee of each center shall designate one

10  person as executive director who is responsible and

11  accountable for the overall management of the center.

12         (b)  The center executive director shall designate, in

13  writing or per organizational chart, a person who is

14  responsible for operating the center when the executive

15  director is absent from the center for 24 hours or longer.

16         (c)  Responsibilities of the center executive director

17  include, but are not limited to:

18         1.  Maintaining or causing to be maintained the

19  following written records and any other records required by

20  this act. The records must be kept in a place, form, and

21  system ordinarily employed in acceptable medical and business

22  practices and must be available in the center for inspection

23  by the agency during normal business hours.

24         a.  A census record that indicates the number of

25  children currently receiving services in the center;

26         b.  A record of all accidents or unusual incidents

27  involving any child or staff member which caused, or had the

28  potential to cause, injury or harm to any person or property

29  within the center. Such records must contain a clear

30  description of each accident or incident, the names of the

31  persons involved, a description of all medical or other

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 1  services provided to these persons, the names of those who

 2  provided such services, and the steps taken, if any, to

 3  prevent recurrence of such accident or incidents in the

 4  future;

 5         c.  A copy of current agreements with third-party

 6  providers;

 7         d.  A copy of current agreements with each consultant

 8  employed by the center and documentation of each consultant's

 9  visits and required written, dated reports;

10         e.  A personnel record, drug testing, and criminal

11  background check for each employee, including the employee's

12  current license or certificate number, as applicable; the

13  original employment application and references furnished from

14  the most recent health care employer and employment history

15  for the preceding 5 years; and a copy of all job performance

16  evaluations; and

17         f.  Fiscal records in accordance with subsection (5).

18         2.  Ensuring the development and maintenance of a

19  current job description for each employee.

20         3.  Ensuring that each employee is furnished with a

21  copy of written personnel policies governing conditions of

22  employment, including the job description for the employee's

23  own position.

24         4.  Ensuring that each employee receives at least a

25  yearly written job-performance evaluation that is discussed

26  with the employee, notes job performance strengths and

27  weaknesses, and discusses plans to correct any weaknesses in

28  job performance.

29         5.  Ensuring that each employee is assigned duties that

30  are consistent with the employee's job description and with

31  

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 1  the employee's level of education, preparation, and

 2  experience.

 3         (5)(a)  The licensee for each SPPEAC center shall

 4  maintain fiscal records in accordance with the requirements of

 5  this act.

 6         (b)  Each center shall use an accrual or cash system of

 7  accounting which reflects transactions of the business.

 8  Records and accounts of transactions, general ledgers, or

 9  disbursement journals must be posted at least quarterly and

10  must be available for review by the agency.

11         Section 6.  Advisory board.--

12         (1)  Each SPPEAC center must have an advisory board.

13  Membership on the advisory board must include, but need not be

14  limited to:

15         (a)  A physician who is familiar with SPPEAC services;

16         (b)  A registered nurse who has experience in the care

17  of medically fragile or technologically dependent children;

18         (c)  A developmentalist or child life specialist who

19  has experience in the care of medically fragile or

20  technologically dependent children and their families;

21         (d)  A social worker who has experience in the care of

22  medically fragile or technologically dependent children and

23  their families; and

24         (e)  A consumer representative who is a parent or

25  guardian of a child placed in the SPPEAC center.

26         (2)  The advisory board shall:

27         (a)  Review the policy and procedure components of the

28  SPPEAC center to assure conformance with the standards for

29  licensure; and

30         (b)  Provide consultation with respect to the

31  operational and programmatic components of the SPPEAC center.

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 1         Section 7.  Admission, transfer, and discharge

 2  policies.--

 3         (1)  Each SPPEAC center must have written policies and

 4  procedures governing the admission, transfer, and discharge of

 5  children.

 6         (2)  The admission of each child to a SPPEAC center

 7  must be under the supervision of the center nursing director

 8  or his or her designee, and must be in accordance with the

 9  center's policies and procedures.

10         (3)  Each child admitted to a SPPEAC center shall be

11  admitted upon prescription of a prescribing physician and the

12  child shall remain under the care of the licensed primary

13  physician for the duration of his or her stay in the center.

14         (4)  Each child admitted to a SPPEAC center must meet

15  at least the following criteria:

16         (a)  The child must be medically fragile or

17  technologically dependent.

18         (b)  The child may not, prior to admission, present

19  significant risk of infection to other children or personnel.

20  The medical and nursing directors shall review, on a

21  case-by-case basis, any child who is suspected of having an

22  infectious disease to determine whether admission is

23  appropriate.

24         (c)  The child must be medically stabilized and require

25  skilled nursing care or other interventions.

26         (5)  If the child meets the criteria specified in

27  paragraphs (4)(a), (b), and (c), the medical director or

28  nursing director of the SPPEAC center shall implement a

29  preadmission plan that delineates services to be provided and

30  appropriate sources for such services.

31  

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 1         (a)  If the child is hospitalized at the time of

 2  referral, preadmission planning must include the participation

 3  of the child's parent or guardian and relevant medical,

 4  nursing, social services, and developmental staff to assure

 5  that the hospital's discharge plans will be implemented

 6  following the child's placement in the SPPEAC center.

 7         (b)  A consent form, outlining the purpose of a SPPEAC

 8  center, family responsibilities, authorized treatment,

 9  appropriate release of liability, and emergency disposition

10  plans must be signed by the parent or guardian and witnessed

11  before the child is admitted to a SPPEAC center. The parent or

12  guardian shall be provided a copy of the consent form.

13  Confidentiality of SPPEAC records shall be maintained in

14  accordance with section 456.057, Florida Statutes.

15         Section 8.  Child care policies.--

16         (1)  Each SPPEAC center shall develop, implement, and

17  maintain written policies and procedures governing all child

18  care and related medical services or other services provided.

19         (2)  A group of professional staff from the SPPEAC

20  center shall develop and maintain child care policies and

21  procedures. The group shall include the medical director or

22  medical consultant, the center administrator or executive

23  director, and the director of nursing services. All child care

24  policies and procedures must be reviewed annually and revised

25  as needed.

26         (3)  The child care policies and procedures developed

27  shall, at a minimum, ensure client care in compliance with

28  chapter 400, Florida Statutes, and the standards contained in

29  this act.

30  

31  

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 1         Section 9.  Medical director.--A board-certified

 2  pediatrician shall serve as the medical director for a SPPEAC

 3  center. Responsibilities of the medical director include:

 4         (1)  Periodically reviewing services in order to assure

 5  acceptable levels of quality;

 6         (2)  Maintaining a liaison with the medical community;

 7         (3)  Advising center personnel of the development of

 8  new programs and modifications of existing programs;

 9         (4)  Ensuring that medical consultation will be

10  available in the event of the medical director's absence;

11         (5)  Serving on committees as defined and required by

12  the center's policies;

13         (6)  Consulting with the center's executive director on

14  the health status of facility personnel;

15         (7)  Reviewing reports of all accidents or unusual

16  incidents occurring on the premises and identifying to the

17  center's executive director hazards to health and safety; and

18         (8)  Ensuring the development of a policy and procedure

19  for delivering emergency services and regular services when a

20  child's attending physician or designated alternate is not

21  available.

22         Section 10.  Nursing services.--

23         (1)  A registered nurse shall serve full-time as the

24  director of nursing at each SPPEAC center. The director of

25  nursing must:

26         (a)  Hold a baccalaureate degree in nursing;

27         (b)  Be licensed in this state as a registered nurse;

28         (c)  Have a current healthcare provider basic life

29  support biennial certification;

30  

31  

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 1         (d)  Have successfully completed a certification course

 2  in pediatric basic cardiac life support and advanced cardiac

 3  life support, with biennial recertification; and

 4         (e)  Have at least 2 years of experience in general

 5  pediatric care, including at least 6 months of experience in

 6  pediatric acute care during the previous 5 years.

 7         (2)  The director of nursing is responsible for the

 8  daily nursing operations of the SPPEAC center, including:

 9         (a)  Ensuring that qualified personnel and ancillary

10  services are available as necessary to assure the health,

11  safety, and proper care of children; and

12         (b)  Ensuring that policies and procedures to control

13  infection are included in the center's policy manual.

14         (3)(a)  Each SPPEAC center must have a minimum of one

15  full-time equivalent registered nurse and one full-time

16  equivalent respiratory therapist on site at all times.

17         (b)  A registered nurse must:

18         1.  Hold an associate degree in nursing at a minimum;

19         2.  Be licensed in this state as a registered nurse;

20         3.  Have successfully completed a preceptor program in

21  pediatric specialty care; and

22         4.  Receive biennial certification in healthcare

23  provider basic life support, pediatric basic cardiac life

24  support, and pediatric advanced life support.

25         (c)  A licensed respiratory therapist must:

26         1.  Be licensed in this state as a licensed respiratory

27  therapist;

28         2.  Have successfully completed a 3-month preceptor

29  program in pediatric nursing, which includes experience in

30  caring for acutely ill or chronically ill children; and

31  

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 1         3.  Receive biennial certification in healthcare

 2  provider basic life support, pediatric basic cardiac life

 3  support, and pediatric advanced life support.

 4         (d)  A licensed practical nurse must:

 5         1.  Be licensed in this state as a practical nurse;

 6         2.  Have successfully completed a 3-month preceptor

 7  program in pediatric nursing, including experience in caring

 8  for acutely ill or chronically ill children; and

 9         3.  Receive biennial certification in healthcare

10  provider basic life support, pediatric basic cardiac life

11  support, and pediatric advanced life support.

12         (e)  The registered nurses, licensed practical nurses,

13  and respiratory therapists of a SPPEAC center are responsible

14  for:

15         1.  Providing nursing interventions, providing

16  educational services to increase the family's confidence and

17  competence in caring for the child with special needs,

18  providing assistance to facilitate coping with the effects of

19  chronic illness on the child and family, supporting effective

20  relationships among siblings and the ill child, and providing

21  interventions to foster normal development and psychosocial

22  adaptation;

23         2.  Possessing knowledge of the availability of and

24  requirements for accessing community resources; and

25         3.  Fostering and maintaining a collaborative

26  relationship with the interdisciplinary health team. An

27  interdisciplinary health team is a group of health care

28  professionals consisting of an occupational therapist, a

29  physical therapist, a speech therapist, and a physician.

30         (4)(a)  If nursing assistants, emergency medical

31  technicians, and paramedics are used to augment licensed nurse

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 1  staff, each nursing assistant, emergency medical technician,

 2  and paramedic must:

 3         1.  Be certified as a nursing assistant, emergency

 4  medical technician, or paramedic;

 5         2.  Have successfully completed a 3-month preceptor

 6  program in caring for infants and toddlers;

 7         3.  Provide references documenting his or her skill in

 8  caring for infants and children; and

 9         4.  Receive certification every 2 years in basic

10  cardiac life support.

11         (b)  Each nursing assistant, emergency medical

12  technician, and paramedic must work under the supervision of a

13  licensed nurse and may provide direct care to children in the

14  SPPEAC center.

15         (5)  At least three staff members, including at least

16  one respiratory therapist, one registered nurse, and one

17  other, must be on duty at all times and at least one staff

18  member per three children must be on duty at all times. As

19  used in this subsection, the term "other" means a nursing

20  assistant, an emergency medical technician, a paramedic, a

21  certified respiratory therapist, or a respiratory therapist

22  technician. Total staffing for nursing services shall be, at a

23  minimum, in the following ratios:

24         (a)  One to three children - one registered nurse and

25  one other.

26         (b)  Four to six children - one registered nurse and

27  two others.

28         (c)  Seven to nine children - one registered nurse, one

29  licensed practical nurse, and one other.

30  

31  

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 1         (d)  Ten to 12 children - two registered nurses, and

 2  two others; or one registered nurse, two licensed practical

 3  nurses, and one other.

 4         (e)  Thirteen to 15 children - two registered nurses,

 5  one licensed practical nurse, and two others.

 6         (f)  Sixteen to 18 children - two registered nurses,

 7  two licensed practical nurses, and two others.

 8         (g)  Nineteen to 21 children - two registered nurses,

 9  three licensed practical nurses, and two others.

10         (h)  Twenty-two to 24 children - three registered

11  nurses, two licensed practical nurses, and three others.

12         (i)  Twenty-five children to 28 children - three

13  registered nurses, three licensed practical nurses, and three

14  others.

15         (j)  Twenty-nine to 32 children - four registered

16  nurses, three licensed practical nurses, and four others.

17         (k)  For every one to eight additional children - one

18  registered nurse, one licensed practical nurse, and one other

19  will be added to the staff.

20         Section 11.  Ancillary professional staffing

21  standards.--Each SPPEAC center shall have available on at

22  least a consulting basis:

23         (1)  A child development specialist who shall:

24         (a)  Serve as a resource for SPPEAC center staff and

25  parents of children served; and

26         (b)  Evaluate the developmental status of children

27  using standardized and nonstandardized procedures.

28         (2)  A child life specialist who has a baccalaureate

29  degree in child life, early childhood education, or a related

30  field, and at least 1 year of experience in planning and

31  

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 1  implementing developmental stimulation programs for children.

 2  The child life specialist shall:

 3         (a)  Plan and conduct individualized child development

 4  and play programs; and

 5         (b)  Serve as a resource for SPPEAC center staff and

 6  parents of children served.

 7         (3)  An occupational therapist who is licensed under

 8  chapter 468, Florida Statutes, is registered with the American

 9  Occupational Therapy Association, and has at least 1 year of

10  experience in evaluating and planning treatment for children

11  with neuromuscular and developmental needs. The occupational

12  therapist shall:

13         (a)  Evaluate a child following referral by a physician

14  to determine neuromuscular status, developmental level,

15  perceptual motor functioning, need for adaptive equipment or

16  appliances, abilities for self-care, and the plan of care;

17         (b)  Design and implement a therapeutic program to meet

18  the basic needs of each individual child;

19         (c)  Maintain records documenting a child's therapy

20  program and progress; and

21         (d)  Serve as a resource for SPPEAC center staff.

22         (4)  A physical therapist who is licensed under chapter

23  468, Florida Statutes, is a graduate of a program approved by

24  the American Physical Therapy Association, and has at least 1

25  year of experience in evaluating and designing therapeutic

26  programs for children with developmental disabilities. The

27  physical therapist shall:

28         (a)  Evaluate a child referred by a physician to

29  determine the child's neuromuscular status, including the

30  child's developmental level, gait, posture, and necessary

31  adaptive equipment;

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 1         (b)  Design and implement a therapeutic program to meet

 2  the needs of each individual child;

 3         (c)  Maintain records documenting a child's therapy

 4  program and progress, as approved by the attending physician;

 5  and

 6         (d)  Serve as a resource for SPPEAC center staff and

 7  parents of children served.

 8         (5)  A speech pathologist who is certified by the

 9  American Speech, Hearing, and Language Association and has at

10  least 1 year of experience in evaluating and treating children

11  at risk for, or experiencing problems with, communications

12  skills. The speech pathologist shall:

13         (a)  Perform evaluations, including evaluation of a

14  child's prespeech, feeding, respiration, language, speech,

15  communication, and play, using formal and informal tests and

16  observations;

17         (b)  Design and implement individualized therapeutic

18  programs for each child, including recommendations for

19  communication devices;

20         (c)  Maintain records documenting the child's therapy

21  programs and progress; and

22         (d)  Serve as a resource for SPPEAC center staff and

23  parents of children served.

24         (6)  A respiratory therapist who shall:

25         (a)  Evaluate a child following referral by a

26  physician, including an evaluation of the child's respiratory

27  condition;

28         (b)  Perform diagnostic monitoring;

29         (c)  Deliver aerosolized medications, bronchial hygiene

30  therapy, chest physiotherapy, pulmonary lung-expansion

31  therapy, and oxygen therapy;

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 1         (d)  Monitor ventilator-dependent children;

 2         (e)  Maintain records documenting a child's therapy

 3  programs and progress; and

 4         (f)  Serve as a resource for SPPEAC center staff and

 5  parents of children served.

 6         (7)  A social worker who is licensed under chapter 490,

 7  Florida Statutes, or chapter 491, Florida Statutes; holds a

 8  master's degree in social work; and has at least 1 year of

 9  experience in assessing, counseling, and planning

10  interventions for children and their families or guardians.

11  The social worker shall:

12         (a)  Conduct family psychosocial assessments, as

13  requested by the medical or nursing director;

14         (b)  Provide counseling, including emotional support

15  and grief resolution, as requested by the medical or nursing

16  director or family;

17         (c)  Perform family advocacy and coordinate SPPEAC

18  services with community resources;

19         (d)  Maintain records documenting social-work

20  intervention;

21         (e)  Conduct home visits and home evaluations, as

22  requested by the medical director or nursing director; and

23         (f)  Serve as a resource for SPPEAC center staff and

24  parents of children served.

25         (8)  A licensed psychologist who has a doctoral degree

26  in child-development counseling, psychology, or a related

27  field and at least 1 year of experience in evaluating and

28  managing children. The licensed psychologist must be available

29  to the center as a consultant.

30  

31  

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 1         (9)  A dietitian who is registered with the American

 2  Dietetic Association. The dietitian must be available to the

 3  center as a consultant.

 4         Section 12.  Educational services.--Each SPPEAC center

 5  shall develop a cooperative program with the local school

 6  system to provide a planned educational program appropriate to

 7  meet the needs of the individual child, or to provide a

 8  board-certified instructor and planned educational program

 9  appropriate to meet the basic needs of the individual child.

10         Section 13.  In-service training for all caregivers.--

11         (1)  Each SPPEAC center shall develop a comprehensive

12  training program that is available to all caregivers and

13  includes:

14         (a)  In-service training for all family members; and

15         (b)  Quarterly staff-development programs, appropriate

16  to the category of personnel for which the programs are

17  conducted, for the purpose of maintaining quality patient

18  care.

19         (2)  All staff-development programs must be documented.

20         (3)  Each new employee must participate in orientation

21  to acquaint the employee with the philosophy, organization,

22  program, practices, and goals of the SPPEAC center.

23         (4)  At the time of the child's placement in the SPPEAC

24  center, the center shall provide a comprehensive orientation

25  to acquaint all family members with the philosophy and

26  services of the center.

27         Section 14.  Medical records.--A medical record shall

28  be maintained for each child. The medical records must

29  contain:

30         (1)  All details of the referral, admission,

31  correspondence, and papers concerning the child. Entries in

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 1  the medical record must be in ink and signed by authorized

 2  personnel and include:

 3         (a)  Orders of the physician;

 4         (b)  Flow chart of medications and treatments

 5  administered;

 6         (c)  Concise, accurate information and initialed case

 7  notes reflecting progress toward plan-of-care goals and the

 8  child's progress or reasons for lack of progress;

 9         (d)  Documentation of nutritional management and

10  special diets, as appropriate; and

11         (e)  Documentation of physical, occupational, speech,

12  and other special therapies.

13         (2)  An individualized plan of care developed within 10

14  working days after admission and revised to include

15  recommended changes in the therapeutic plans. The disposition

16  to be followed in the event of emergency situations must be

17  specified in the plan of care.

18         (3)  The medical history, including allergies and

19  special precautions.

20         (4)  The immunization record.

21         (5)  The quarterly review of the plan of care, which is

22  performed in consultation with other professionals involved in

23  the child's care.

24         (6)  A discharge order written by the primary

25  physician. The discharge order must be documented and entered

26  in the child's record. A discharge summary that includes the

27  reason for discharge must also be included.

28         Section 15.  Quality assurance committee.--All SPPEAC

29  centers must have a quality assurance program and conduct

30  quarterly reviews of the SPPEAC center's medical records for

31  

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 1  at least half of the children served by the SPPEAC center at

 2  the time of the review.

 3         (1)  The quality assurance review shall be conducted by

 4  two members of the quality assurance committee. The

 5  responsibilities for conducting quality assurance review shall

 6  rotate among the members of the quality assurance committee

 7  members at least annually. Within 15 working days after its

 8  review, the quality assurance committee shall furnish copies

 9  of its report to the medical and nursing directors of the

10  SPPEAC center.

11         (2)(a)  Each quarterly quality assurance review must

12  include:

13         1.  A review of the goals in each child's plan of care;

14         2.  A review of the steps, process, and success in

15  achieving the goals; and

16         3.  Identification of goals not being achieved as

17  expected, reasons for lack of achievement, and plans to

18  promote achievement of goals.

19         (b)  Evidence that the plan of care has been revised to

20  accommodate the findings of a quality assurance report shall

21  be forwarded to the quality assurance committee within 10

22  working days after receipt of the report by the quality

23  assurance committee.

24         (c)  Implementation of the revisions to the plan of

25  care must be documented on the child's medical record.

26         (3)  The quality assurance committee shall also

27  ascertain the presence of the following documents in each

28  child's medical record:

29         (a)  A properly executed consent form;

30         (b)  A medical history for the child, including

31  notations from visits to health care providers; and

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 1         (c)  Immunization records, documentation of allergies,

 2  and special precautions.

 3         Section 16.  Dietary services.--A registered dietitian

 4  shall be available for consultation regarding the nutritional

 5  needs and special diets of individual children. If food is

 6  prepared onsite, the center is subject to routine inspections

 7  by the Department of Health and must conform to food service

 8  standards for child care facilities adopted by the Department

 9  of Health.

10         Section 17.  Physical environment.--The SPPEAC center's

11  physical location and building must comply with at least the

12  following minimum requirements:

13         (1)  Each facility licensed as a SPPEAC center must be

14  able to accommodate at least three medically fragile or

15  technologically dependent children.

16         (2)  Specifications for a SPPEAC center include:

17         (a)  Compliance with part V of chapter 553, Florida

18  Statutes, for accessibility of public buildings for

19  handicapped persons; and

20         (b)  Adequate parking for staff and families to comply

21  with applicable local zoning requirements.

22         (3)  Requirements for building space allocation

23  include:

24         (a)  An isolation room with anteroom, a private

25  bathroom with shower or raised tub, and an individual air

26  conditioning and heating unit.

27         (b)  A dining area large enough to accommodate at least

28  two-thirds of facility population at one time.

29         (c)  A kitchen area that includes standard kitchen

30  equipment of stove, oven, refrigerator, dishwasher, and double

31  sink with disposal.

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 1         (d)  An indoor play area, including accommodations for

 2  mobile and nonmobile children.

 3         (e)  An outdoor play area, fenced and free of safety

 4  hazards, with appropriate playground equipment and toys.

 5         (f)  Sleep rooms that comply with the following

 6  requirements:

 7         1.  One appropriate bed or crib assigned per child;

 8         2.  A maximum of three children assigned to each sleep

 9  room;

10         3.  A minimum of 28 square feet per child;

11         4.  Hanging closet space with drawers;

12         5.  Direct access to a bathroom with shower or standard

13  tub;

14         6.  A changing area with sink; and

15         7.  Adequate seating with a minimum of one chair per

16  child.

17         (g)  A laundry room with washer and dryer or daily

18  linen service.

19         (h)  A business office.

20         (i)  A children's bathroom in the common area which has

21  one toilet, one basin, and one standard bathtub or shower.

22         (j)  An adult bathroom that has one toilet and one

23  basin.

24         (k)  A staff lounge that includes:

25         1.  A bathroom, with one toilet, one basin, and one

26  shower stall with private changing area per 15 staff members;

27  and

28         2.  Secure lockers for personal items.

29         (l)  A nurses station and medication area that includes

30  a locked cabinet and emergency kit.

31  

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 1         (m)  An education room, including one area within this

 2  room designated for children 0-2 years of age.

 3         (n)  A gymnasium area for therapies, with a minimum of

 4  one private speech room.

 5         Section 18.  Furniture and linens.--Each SPPEAC center

 6  must provide an appropriate mix of cribs, beds, highchairs,

 7  infant seats, and changing tables to meet the needs of the

 8  children being served. All provided items must be maintained

 9  in a safe and sanitary condition. A minimum of one bed or crib

10  per child is required, which may not be occupied by more than

11  one child at a time. Linens must be changed and mattresses

12  sanitized before use by another child.

13         Section 19.  Equipment.--Each SPPEAC center shall

14  provide safety, medical, and emergency equipment as described

15  in this section. All equipment must be maintained in a safe,

16  usable, and sanitary condition.

17         (1)  The following items of safety equipment must be

18  available on the premises:

19         (a)  Extinguishers, alarms, and smoke detectors, as

20  required by the Life Safety Code, NFPA-101, 1985 edition;

21         (b)  Circuit interrupters;

22         (c)  Flush door openers;

23         (d)  Child-proof safety latches on closets and

24  cabinets;

25         (e)  Safety straps on all highchairs, swings, and

26  infant seats;

27         (f)  Locks on specific storage cabinets;

28         (g)  Bumper pads on infant cribs; and

29         (h)  Covers for electric outlets.

30         (2)  The following items of medical equipment must be

31  available on the premises:

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 1         (a)  Suction machines - one per child requiring daily

 2  suctioning, plus one suction machine for emergency use;

 3         (b)  Lockable narcotics cabinet;

 4         (c)  Mechanical percussors and hand percussors as

 5  prescribed;

 6         (d)  Oxygen in two portable tanks, or piped in with

 7  appropriate tubing, pediatric manual resuscitation, and masks

 8  for faces and tracheostomies;

 9         (e)  Ventilator with provision for mixing gases to

10  provide prescribed oxygen concentration as specifically

11  prescribed or to be used as a back-up unit when a

12  ventilator-dependent child is in the center;

13         (f)  Thermometers, excluding glass thermometers;

14         (g)  Sphygmomanometers, stethoscopes, osteoscopes, and

15  ophthalmoscopes; and

16         (h)  Supplies of disposable equipment as needed.

17         (3)  The following items of emergency equipment and

18  supplies must be available on the premises:

19         (a)  An emergency power-generator system, with adequate

20  generating power to maintain medical equipment in the center

21  in case of power failure.

22         (b)  Basic emergency equipment, including:

23         1.  Airways, in a range of appropriate pediatric sizes;

24         2.  Suction catheters, in a range of appropriate

25  pediatric sizes;

26         3.  Pediatric manual resuscitator, self-inflating, with

27  premie, infant, and pediatric masks;

28         4.  Infant oxygen masks;

29         5.  Child oxygen masks;

30         6.  Oxygen regulator with mist bottle and heating

31  element;

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 1         7.  Flashlight with extra batteries in each room;

 2         8.  Stethoscope;

 3         9.  Feeding tubes in a range of appropriate pediatric

 4  sizes;

 5         10.  Disposable plastic syringes and needles in a range

 6  of appropriate pediatric sizes;

 7         11.  Intravenous catheter, angio-catheter, and scalp

 8  vein needles in a range of appropriate pediatric sizes;

 9         12.  Tourniquets; armboards in premie, infant, and

10  child sizes; and adhesive tape of various sizes;

11         13.  Two-way stopcocks;

12         14.  One electrical-outlet adapter for three-prong

13  outlets; and

14         15.  Antiseptic preps and alcohol preps.

15         (c)  Basic drugs and solutions, including:

16         1.  Epinephrine ampules, two each of 1:1,000 and

17  1:10,000;

18         2.  Dextrose in 25-percent solution and 50-percent

19  solution;

20         3.  Ipecac, one 30cc bottle;

21         4.  Sterile water, two vials;

22         5.  Normal saline, two vials;

23         6.  Dextrose 5 percent in water, one 500cc bag; and

24         7.  Dextrose 5 percent in Lactated Ringer's, two 500cc

25  bags.

26         (4)  Emergency equipment must be checked daily for

27  expiration, contamination, or damage, and a log must be

28  maintained and signed every day by the nurse responsible for

29  verifying the examining of emergency equipment.

30         Section 20.  Infection control.--

31  

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 1         (1)  Each SPPEAC center must have an isolation room

 2  with a patient monitoring system for observing the child.

 3         (2)  Isolation procedures must be used to prevent

 4  cross-infections.

 5         (3)  All cribs and beds must be labeled with the

 6  individual child's name. Linens may be removed from cribs only

 7  for laundering purposes.

 8         (4)  Bed linens must be changed at least every 2 days.

 9         (5)  Antimicrobial soap and disposable paper towels

10  must be provided at each sink.

11         (6)  Children suspected of having a communicable

12  disease that may be transmitted through casual contact, as

13  determined by the facility's medical director, must be

14  isolated and the parents notified of the condition. Isolation

15  must be continued until a physician determines communicability

16  has passed.

17         (7)  SPPEAC center staff members suspected of having a

18  communicable disease may not return to the SPPEAC center until

19  the signs and symptoms that relate to the communicable disease

20  are no longer present, as evidenced by a written statement

21  from a physician.

22         Section 21.  Transportation services.--If

23  transportation is provided by a SPPEAC center and prescribed

24  by the primary physician, a procedure delineating personnel

25  and equipment to accompany the child must be included in the

26  procedure manual of the SPPEAC center.

27         Section 22.  Emergency procedures.--

28         (1)  Each SPPEAC center shall conform to the minimum

29  standards for child care facilities adopted by the State Fire

30  Marshal and shall be inspected annually by a certified fire

31  

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    Florida Senate - 2004                                  SB 1658
    36-812B-04




 1  inspector. The center must maintain a copy of the current

 2  annual fire inspection report at the center.

 3         (2)  The center must have a working telephone that is

 4  not locked and that is not a pay telephone.

 5         (3)  Emergency telephone numbers must be posted on or

 6  in the immediate vicinity of all telephones.

 7         (4)  Each center must have an emergency power-generator

 8  system with adequate generating power to maintain medical

 9  equipment in the center in case of power failure. The

10  emergency generator must be tested every 30 days and

11  satisfactory mechanical operation must be documented on a log

12  designed for that purpose.

13         (5)  Emergency transportation of a child must be

14  performed by a licensed emergency medical services provider,

15  with a SPPEAC center staff member accompanying the child.

16         (6)  Facility staff may withhold or withdraw

17  cardiopulmonary resuscitation if presented with an order not

18  to resuscitate executed pursuant to s. 401.45. Facility staff

19  and facilities are not subject to criminal prosecution or

20  civil liability and are not considered to have engaged in

21  negligent or unprofessional conduct for withholding or

22  withdrawing cardiopulmonary resuscitation pursuant to such an

23  order and rules adopted by the agency. The absence of an order

24  not to resuscitate executed pursuant to s. 401.45 does not

25  preclude a physician from withholding or withdrawing

26  cardiopulmonary resuscitation as otherwise permitted by law.

27         Section 23.  This act shall take effect upon becoming a

28  law.

29  

30  

31  

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    Florida Senate - 2004                                  SB 1658
    36-812B-04




 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires the Agency for Health Care Administration to
      license subacute pediatric prescribed extended
 4    alternative care centers that provide care for medically
      fragile or technologically dependent children. Specifies
 5    requirements for obtaining and maintaining such a
      license. Provides requirements for the professional staff
 6    employed by a SPPEAC center. Provides requirements for
      quality assurance for a center. Specifies minimum
 7    equipment and supplies that must be maintained by a
      center. (See bill for details.)
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CODING: Words stricken are deletions; words underlined are additions.