Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 484, 1st Eng.
Barcode 500870
CHAMBER ACTION
Senate House
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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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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
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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 standards of the code relative to nursing homes.
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3 (Redesignate subsequent sections.)
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7 And the title is amended as follows:
8 On page 1, line 2, following the semicolon
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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;
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