1 | A bill to be entitled |
2 | An act relating to hospice facilities; amending s. 553.73, |
3 | F.S.; including hospice facilities within the purview of |
4 | the Florida Building Code; amending s. 400.605, F.S.; |
5 | deleting provisions requiring the Department of Elderly |
6 | Affairs to adopt physical plant standards for hospice |
7 | facilities; creating s. 400.6051, F.S.; requiring that |
8 | construction standards for hospice facilities be in |
9 | compliance with the Florida Building Code; requiring the |
10 | Agency for Health Care Administration to provide technical |
11 | assistance to the Florida Building Commission to update the |
12 | Florida Building Code for hospice facilities; providing an |
13 | effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Subsection (2) of section 553.73, Florida |
18 | Statutes, is amended to read: |
19 | 553.73 Florida Building Code.-- |
20 | (2) The Florida Building Code shall contain provisions or |
21 | requirements for public and private buildings, structures, and |
22 | facilities relative to structural, mechanical, electrical, |
23 | plumbing, energy, and gas systems, existing buildings, |
24 | historical buildings, manufactured buildings, elevators, coastal |
25 | construction, lodging facilities, food sales and food service |
26 | facilities, health care facilities, including assisted living |
27 | facilities, adult day care facilities, hospice residential and |
28 | inpatient facilities and units, and facilities for the control |
29 | of radiation hazards, public or private educational facilities, |
30 | swimming pools, and correctional facilities and enforcement of |
31 | and compliance with such provisions or requirements. Further, |
32 | the Florida Building Code must provide for uniform |
33 | implementation of ss. 515.25, 515.27, and 515.29 by including |
34 | standards and criteria for residential swimming pool barriers, |
35 | pool covers, latching devices, door and window exit alarms, and |
36 | other equipment required therein, which are consistent with the |
37 | intent of s. 515.23. Technical provisions to be contained within |
38 | the Florida Building Code are restricted to requirements related |
39 | to the types of materials used and construction methods and |
40 | standards employed in order to meet criteria specified in the |
41 | Florida Building Code. Provisions relating to the personnel, |
42 | supervision or training of personnel, or any other professional |
43 | qualification requirements relating to contractors or their |
44 | workforce may not be included within the Florida Building Code, |
45 | and subsections (4), (5), (6), and (7) are not to be construed |
46 | to allow the inclusion of such provisions within the Florida |
47 | Building Code by amendment. This restriction applies to both |
48 | initial development and amendment of the Florida Building Code. |
49 | Section 2. Subsection (1) of section 400.605, Florida |
50 | Statutes, is amended to read: |
51 | 400.605 Administration; forms; fees; rules; inspections; |
52 | fines.-- |
53 | (1) The department, in consultation with the agency, shall |
54 | by rule establish minimum standards and procedures for a |
55 | hospice. The rules must include: |
56 | (a) License application procedures and requirements. |
57 | (b) The qualifications of professional and ancillary |
58 | personnel to ensure the provision of appropriate and adequate |
59 | hospice care. |
60 | (c) Standards and procedures for the administrative |
61 | management of a hospice. |
62 | (d) Standards for hospice services that ensure the |
63 | provision of quality patient care. |
64 | (e) Components of a patient plan of care. |
65 | (f) Procedures relating to the implementation of advanced |
66 | directives and do-not-resuscitate orders. |
67 | (g) Procedures for maintaining and ensuring |
68 | confidentiality of patient records. |
69 | (h) Standards for hospice care provided in freestanding |
70 | inpatient facilities that are not otherwise licensed medical |
71 | facilities and in residential care facilities such as nursing |
72 | homes, assisted living facilities, adult family care homes, and |
73 | hospice residential units and facilities. |
74 | (i) Physical plant standards for hospice residential and |
75 | inpatient facilities and units. |
76 | (i)(j) Components of a comprehensive emergency management |
77 | plan, developed in consultation with the Department of Health, |
78 | the Department of Elderly Affairs, and the Department of |
79 | Community Affairs. |
80 | (j)(k) Standards and procedures relating to the |
81 | establishment and activities of a quality assurance and |
82 | utilization review committee. |
83 | (k)(l) Components and procedures relating to the |
84 | collection of patient demographic data and other information on |
85 | the provision of hospice care in this state. |
86 | Section 3. Section 400.6051, Florida Statutes, is created |
87 | to read: |
88 | 400.6051 Construction and renovation; requirements.--The |
89 | requirements for the construction and the renovation of a |
90 | hospice residential or inpatient facility or unit must comply |
91 | with the provisions of chapter 553 which pertain to building |
92 | construction standards, including plumbing, electrical code, |
93 | glass, manufactured buildings, accessibility for persons with |
94 | disabilities, and the state minimum building codes. The Agency |
95 | for Health Care Administration shall provide technical |
96 | assistance to the Florida Building Commission in updating the |
97 | construction standards of the Florida Building Code which govern |
98 | hospice facilities. |
99 | Section 4. This act shall take effect July 1, 2005. |