Senate Bill sb0112
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Florida Senate - 2005 SB 112
By Senator Constantine
22-18-05
1 A bill to be entitled
2 An act relating to hospice facilities; amending
3 s. 553.73, F.S.; including hospice facilities
4 within the purview of the Florida Building
5 Code; amending s. 400.605, F.S.; deleting
6 provisions requiring the Department of Elderly
7 Affairs to adopt physical plant standards for
8 hospice facilities; amending s. 400.601, F.S.;
9 limiting the definition of the term "hospice"
10 to entities exempt from federal tax; creating
11 s. 400.6055, F.S.; requiring that construction
12 standards for hospice facilities be in
13 compliance with the Florida Building Code;
14 requiring the Agency for Health Care
15 Administration to provide technical assistance
16 to the Florida Building Commission to update
17 the Florida Building Code for hospice
18 facilities; providing an effective date.
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Subsection (2) of section 553.73, Florida
23 Statutes, is amended to read:
24 553.73 Florida Building Code.--
25 (2) The Florida Building Code shall contain provisions
26 or requirements for public and private buildings, structures,
27 and facilities relative to structural, mechanical, electrical,
28 plumbing, energy, and gas systems, existing buildings,
29 historical buildings, manufactured buildings, elevators,
30 coastal construction, lodging facilities, food sales and food
31 service facilities, health care facilities, including assisted
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Florida Senate - 2005 SB 112
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1 living facilities, adult day care facilities, hospice
2 residential and inpatient facilities and units, and facilities
3 for the control of radiation hazards, public or private
4 educational facilities, swimming pools, and correctional
5 facilities and enforcement of and compliance with such
6 provisions or requirements. Further, the Florida Building Code
7 must provide for uniform implementation of ss. 515.25, 515.27,
8 and 515.29 by including standards and criteria for residential
9 swimming pool barriers, pool covers, latching devices, door
10 and window exit alarms, and other equipment required therein,
11 which are consistent with the intent of s. 515.23. Technical
12 provisions to be contained within the Florida Building Code
13 are restricted to requirements related to the types of
14 materials used and construction methods and standards employed
15 in order to meet criteria specified in the Florida Building
16 Code. Provisions relating to the personnel, supervision or
17 training of personnel, or any other professional qualification
18 requirements relating to contractors or their workforce may
19 not be included within the Florida Building Code, and
20 subsections (4), (5), (6), and (7) are not to be construed to
21 allow the inclusion of such provisions within the Florida
22 Building Code by amendment. This restriction applies to both
23 initial development and amendment of the Florida Building
24 Code.
25 Section 2. Subsection (1) of section 400.605, Florida
26 Statutes, is amended to read:
27 400.605 Administration; forms; fees; rules;
28 inspections; fines.--
29 (1) The department, in consultation with the agency,
30 shall by rule establish minimum standards and procedures for a
31 hospice. The rules must include:
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Florida Senate - 2005 SB 112
22-18-05
1 (a) License application procedures and requirements.
2 (b) The qualifications of professional and ancillary
3 personnel to ensure the provision of appropriate and adequate
4 hospice care.
5 (c) Standards and procedures for the administrative
6 management of a hospice.
7 (d) Standards for hospice services that ensure the
8 provision of quality patient care.
9 (e) Components of a patient plan of care.
10 (f) Procedures relating to the implementation of
11 advanced directives and do-not-resuscitate orders.
12 (g) Procedures for maintaining and ensuring
13 confidentiality of patient records.
14 (h) Standards for hospice care provided in
15 freestanding inpatient facilities that are not otherwise
16 licensed medical facilities and in residential care facilities
17 such as nursing homes, assisted living facilities, adult
18 family care homes, and hospice residential units and
19 facilities.
20 (i) Physical plant standards for hospice residential
21 and inpatient facilities and units.
22 (i)(j) Components of a comprehensive emergency
23 management plan, developed in consultation with the Department
24 of Health, the Department of Elderly Affairs, and the
25 Department of Community Affairs.
26 (j)(k) Standards and procedures relating to the
27 establishment and activities of a quality assurance and
28 utilization review committee.
29 (k)(l) Components and procedures relating to the
30 collection of patient demographic data and other information
31 on the provision of hospice care in this state.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 112
22-18-05
1 Section 3. Subsection (3) of section 400.601, Florida
2 Statutes, is amended to read:
3 400.601 Definitions.--As used in this part, the term:
4 (3) "Hospice" means a centrally administered
5 corporation not for profit, as defined in chapter 617, and
6 exempt from federal taxation under s. 501(c)(3) of the
7 Internal Revenue Code, providing a continuum of palliative and
8 supportive care for the terminally ill patient and his or her
9 family.
10 Section 4. Section 400.6055, Florida Statutes, is
11 created to read:
12 400.6055 Construction and renovation;
13 requirements.--The requirements for the construction and the
14 renovation of a hospice residential or inpatient facility or
15 unit must comply with the provisions of chapter 553 which
16 pertain to building construction standards, including
17 plumbing, electrical, glass, manufactured buildings,
18 accessibility by physically handicapped persons, and the state
19 minimum building codes. The Agency for Health Care
20 Administration shall provide technical assistance to the
21 Florida Building Commission in updating the construction
22 standards of the Florida Building Code relative to hospice
23 facilities.
24 Section 5. This act shall take effect July 1, 2005.
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Florida Senate - 2005 SB 112
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2 SENATE SUMMARY
3 Includes hospice facilities in the Florida Building Code.
Deletes provisions requiring the Department of Elderly
4 Affairs to adopt physical plant standards for hospice
facilities. Redefines the term "hospice." Requires
5 construction standards for hospice facilities to comply
with the Florida Building Code. Requires the Agency for
6 Health Care Administration to provide technical
assistance to the Florida Building Commission to update
7 the Florida Building Code for hospice facilities.
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