Florida Senate - 2006            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. SB 170
                        Barcode 572244
    587-989A-06
    Proposed Committee Substitute by the Committee on Health Care
 1                      A bill to be entitled
 2         An act relating to administration of
 3         medication; amending s. 393.506, F.S.; deleting
 4         requirements for unlicensed staff members of
 5         direct care service facilities to administer
 6         prescribed medications to persons with
 7         developmental disabilities; authorizing direct
 8         service providers to administer medication to
 9         clients or to supervise the self-administration
10         of medication by clients; providing
11         requirements for direct service providers to
12         demonstrate competency regarding supervising
13         the self-administration of medication by
14         clients or administering medication to clients;
15         requiring the Agency for Persons with
16         Disabilities to adopt rules to establish
17         standards and procedures governing the
18         supervision of self-administered medications
19         and the administration of medications by direct
20         service providers; providing an effective date.
21  
22  Be It Enacted by the Legislature of the State of Florida:
23  
24         Section 1.  Section 393.506, Florida Statutes, is
25  amended to read:
26         393.506  Administration of medication.--
27         (1)  Notwithstanding the provisions of part I of
28  chapter 464, a the Nurse Practice Act, unlicensed direct
29  service provider who is not licensed to administer medication
30  under chapter 464 care services staff providing services to
31  persons with developmental disabilities may supervise the
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Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 170 Barcode 572244 587-989A-06 1 self-administration of medication or may administer oral, 2 transdermal, ophthalmic, otic, rectal, inhaled, or topical 3 prescription medications to a client as provided in this 4 section. 5 (2) In order to supervise the self-administration of 6 medication or to administer medications as provided in 7 subsection (1), a direct service provider must satisfactorily 8 complete a training course in medication administration and be 9 found competent to supervise the self-administration of 10 medication by a client or to administer medication to a client 11 in a safe and sanitary manner. Competency must be assessed and 12 validated at least annually in an onsite setting and must 13 include personally observing the direct service provider 14 satisfactorily: 15 (a) Supervising the self-administration of medication 16 by a client; and 17 (b) Administering medication to a client. 18 (3) A direct service provider may supervise the 19 self-administration of medication by a client or may 20 administer medication to a client only if the client has given 21 his or her informed consent to self-administering medication 22 under the supervision of an unlicensed direct service provider 23 or to receiving medication administered by an unlicensed 24 direct service provider. Such informed consent must be based 25 on a description of the medication routes and procedures that 26 the direct service provider is authorized to supervise or 27 administer. Only a provider who has received appropriate 28 training and has been validated as competent may provide this 29 assistance. 30 (a) For day programs, as defined in s. 393.063, the 31 director of the facility or program shall designate in writing 2 2:27 PM 01/05/06 s0170p-he00-j01
Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 170 Barcode 572244 587-989A-06 1 unlicensed direct care services staff who are eligible to be 2 trained to assist in the administration of or to administer 3 medication. 4 (b) For intermediate care facilities for the 5 developmentally disabled licensed pursuant to part XI of 6 chapter 400, unlicensed staff designated by the director may 7 provide medication assistance under the general supervision of 8 a registered nurse licensed pursuant to chapter 464. 9 (2) Each facility, institution, or program must 10 include in its policies and procedures a plan for training 11 designated staff to ensure the safe handling, storage, and 12 administration of prescription medication. These policies and 13 procedures must be approved by the agency before unlicensed 14 direct care services staff assist with medication. 15 (3) The policies and procedures must include, at a 16 minimum, the following provisions: 17 (a) An expressed and informed consent for each client. 18 (b) The director of the facility, program, or provider 19 must maintain a copy of the written prescription, and that 20 prescription must include the name of the medication, the 21 dosage and administration schedule, the reason for the 22 prescription, and the termination date. 23 (c) Each prescribed medication shall be kept in its 24 original container and in a secure location. 25 (4) The determination of competency and annual 26 validation training required in this section shall be 27 conducted by a registered nurse or a physician licensed 28 pursuant to chapter 464 458 or chapter 459. 29 (5) The agency shall establish by rule standards and 30 procedures that a direct service provider must follow when 31 supervising the self-administration of medication by a client 3 2:27 PM 01/05/06 s0170p-he00-j01
Florida Senate - 2006 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 170 Barcode 572244 587-989A-06 1 and when administering medication to a client. Such rules 2 must, at a minimum, address requirements for labeling 3 medication, documentation and recordkeeping, the storage and 4 disposal of medication, instructions concerning the safe 5 administration of medication or supervision of 6 self-administered medication, informed-consent requirements 7 and records, and the training curriculum and validation 8 procedures. 9 Section 2. This act shall take effect upon becoming a 10 law. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 2:27 PM 01/05/06 s0170p-he00-j01