| 1 | The Committee on Future of Florida's Families recommends the |
| 2 | following: |
| 3 |
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| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to nursing; amending s. 400.506, F.S.; |
| 8 | requiring nurse registries to advise patients, their |
| 9 | families, or persons acting on behalf of patients of the |
| 10 | availability of registered nurses to make visits at an |
| 11 | additional cost; removing the requirement for registered |
| 12 | nurses to make monthly visits to patients under the care |
| 13 | of certified nursing assistants or home health aides; |
| 14 | amending s. 464.009, F.S.; saving a certain requirement |
| 15 | for licensure by endorsement from repeal; providing an |
| 16 | effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Subsection (10) of section 400.506, Florida |
| 21 | Statutes, is amended to read: |
| 22 | 400.506 Licensure of nurse registries; requirements; |
| 23 | penalties.-- |
| 24 | (10)(a) A nurse registry may refer for contract in private |
| 25 | residences registered nurses and licensed practical nurses |
| 26 | registered and licensed under part I of chapter 464, certified |
| 27 | nursing assistants certified under part II of chapter 464, home |
| 28 | health aides who present documented proof of successful |
| 29 | completion of the training required by rule of the agency, and |
| 30 | companions or homemakers for the purposes of providing those |
| 31 | services authorized under s. 400.509(1). Each person referred by |
| 32 | a nurse registry must provide current documentation that he or |
| 33 | she is free from communicable diseases. |
| 34 | (b) A certified nursing assistant or home health aide may |
| 35 | be referred for a contract to provide care to a patient in his |
| 36 | or her home only if that patient is under a physician's care. A |
| 37 | certified nursing assistant or home health aide referred for |
| 38 | contract in a private residence shall be limited to assisting a |
| 39 | patient with bathing, dressing, toileting, grooming, eating, |
| 40 | physical transfer, and those normal daily routines the patient |
| 41 | could perform for himself or herself were he or she physically |
| 42 | capable. A certified nursing assistant or home health aide may |
| 43 | not provide medical or other health care services that require |
| 44 | specialized training and that may be performed only by licensed |
| 45 | health care professionals. The nurse registry shall obtain the |
| 46 | name and address of the attending physician and send written |
| 47 | notification to the physician within 48 hours after a contract |
| 48 | is concluded that a certified nursing assistant or home health |
| 49 | aide will be providing care for that patient. |
| 50 | (c) A nurse registry shall advise the patient, the |
| 51 | patient's family, or a person acting on behalf of a patient at |
| 52 | the time of contracting for services through the nurse registry |
| 53 | of the availability of registered nurses to make visits to the |
| 54 | patient's home at an additional cost A registered nurse shall |
| 55 | make monthly visits to the patient's home to assess the |
| 56 | patient's condition and quality of care being provided by the |
| 57 | certified nursing assistant or home health aide. Any condition |
| 58 | which in the professional judgment of the nurse requires further |
| 59 | medical attention shall be reported to the attending physician |
| 60 | and the nurse registry. The assessment shall become a part of |
| 61 | the patient's file with the nurse registry and may be reviewed |
| 62 | by the agency during their survey procedure. |
| 63 | Section 2. Paragraph (c) of subsection (1) of section |
| 64 | 464.009, Florida Statutes, is amended to read: |
| 65 | 464.009 Licensure by endorsement.-- |
| 66 | (1) The department shall issue the appropriate license by |
| 67 | endorsement to practice professional or practical nursing to an |
| 68 | applicant who, upon applying to the department and remitting a |
| 69 | fee set by the board not to exceed $100, demonstrates to the |
| 70 | board that he or she: |
| 71 | (c) Has actively practiced nursing in another state, |
| 72 | jurisdiction, or territory of the United States for 2 of the |
| 73 | preceding 3 years without having his or her license acted |
| 74 | against by the licensing authority of any jurisdiction. |
| 75 | Applicants who become licensed pursuant to this paragraph must |
| 76 | complete within 6 months after licensure a Florida laws and |
| 77 | rules course that is approved by the board. Once the department |
| 78 | has received the results of the national criminal history check |
| 79 | and has determined that the applicant has no criminal history, |
| 80 | the appropriate license by endorsement shall be issued to the |
| 81 | applicant. This paragraph is repealed July 1, 2004, unless |
| 82 | reenacted by the Legislature. |
| 83 | Section 3. This act shall take effect upon becoming a law. |