Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 484, 1st Eng.
                        Barcode 500870
                            CHAMBER ACTION
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       04/28/2005 11:45 AM         .                    
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11  Senator Fasano moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 2, line 29,
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16  insert:  
17         Section 1.  Paragraph (a) of subsection (2) of section
18  400.23, Florida Statutes, is amended to read:
19         400.23  Rules; evaluation and deficiencies; licensure
20  status.--
21         (2)  Pursuant to the intention of the Legislature, the
22  agency, in consultation with the Department of Health and the
23  Department of Elderly Affairs, shall adopt and enforce rules
24  to implement this part, which shall include reasonable and
25  fair criteria in relation to:
26         (a)  The location of the facility and housing
27  conditions that will ensure the health, safety, and comfort of
28  residents, including an adequate call system. In making such
29  rules, the agency shall be guided by criteria recommended by
30  nationally recognized reputable professional groups and
31  associations with knowledge of such subject matters. The
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    6:10 PM   04/27/05                             s0484e1c-11-bz1

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 484, 1st Eng. Barcode 500870 1 agency shall update or revise such criteria as the need 2 arises. The agency may require alterations to a building if it 3 determines that an existing condition constitutes a distinct 4 hazard to life, health, or safety. In performing any 5 inspections of facilities authorized by this part, the agency 6 may enforce the special-occupancy provisions of the Florida 7 Building Code and the Florida Fire Prevention Code which apply 8 to nursing homes. A resident or his or her representative may 9 request a change in the placement of the bed in the resident's 10 room, provided that at admission he or she is presented with a 11 room that meets requirements of the Florida Building Code. The 12 location of a bed may be changed if the requested placement 13 does not infringe on the resident's roommate or interfere with 14 the resident's care or safety as determined by the care 15 planning team in accordance with facility policies and 16 procedures. In addition, the bed placement may not be used as 17 a restraint. Each facility shall maintain a log of resident 18 rooms with beds that are not in strict compliance with the 19 Florida Building Code in order for such log to be used by 20 surveyors and nurse monitors during inspections and visits. 21 Any resident or resident representative who requests that a 22 bed be moved shall sign a statement indicating that he or she 23 understands the room will not be in compliance with the 24 Florida Building Code, but would prefer to exercise the right 25 to self-determination. The statement must be retained as part 26 of the resident's care plan. Any facility that offers this 27 option shall submit a letter signed by the nursing home 28 administrator of record to the agency notifying it of this 29 practice with a copy of the facility's policies and 30 procedures. The agency is directed to provide assistance to 31 the Florida Building Commission in updating the construction 2 6:10 PM 04/27/05 s0484e1c-11-bz1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 484, 1st Eng. Barcode 500870 1 standards of the code relative to nursing homes. 2 3 (Redesignate subsequent sections.) 4 5 6 ================ T I T L E A M E N D M E N T =============== 7 And the title is amended as follows: 8 On page 1, line 2, following the semicolon 9 10 insert: 11 amending s. 400.23, F.S.; prescribing 12 conditions applicable to requests by nursing 13 home residents or their representatives for bed 14 placement that is not in compliance with 15 building codes; 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 6:10 PM 04/27/05 s0484e1c-11-bz1