| 1 | A bill to be entitled |
| 2 | An act relating to the administration of medication; |
| 3 | amending s. 393.506, F.S.; authorizing certain staff |
| 4 | members to administer prescription medications under the |
| 5 | supervision of a registered nurse to persons with |
| 6 | developmental disabilities at a comprehensive transitional |
| 7 | education program; directing the Agency for Persons with |
| 8 | Disabilities to adopt rules to implement s. 393.506, F.S.; |
| 9 | providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Section 393.506, Florida Statutes, is amended |
| 14 | to read: |
| 15 | 393.506 Administration of medication.-- |
| 16 | (1) Notwithstanding the provisions of part I of chapter |
| 17 | 464, the Nurse Practice Act, unlicensed direct care services |
| 18 | staff providing services to persons with developmental |
| 19 | disabilities may administer oral, transdermal, inhaled, or |
| 20 | topical prescription medications as provided in this section. |
| 21 | (a) For day habitation services programs, as defined in s. |
| 22 | 393.063, the director of the facility or program shall designate |
| 23 | in writing unlicensed direct care services staff who are |
| 24 | eligible to be trained to assist in the administration of or to |
| 25 | administer medication. |
| 26 | (b) For intermediate care facilities for the |
| 27 | developmentally disabled licensed pursuant to part XI of chapter |
| 28 | 400, unlicensed staff designated by the director may provide |
| 29 | medication assistance under the general supervision of a |
| 30 | registered nurse licensed pursuant to chapter 464. |
| 31 | (2) Notwithstanding part I of chapter 464, the Nurse |
| 32 | Practice Act, unlicensed direct care staff who provide services |
| 33 | to persons with developmental disabilities in a comprehensive |
| 34 | transitional education program licensed pursuant to s. 393.067 |
| 35 | and who are designated by the director of such program may |
| 36 | administer, or assist in the administration of, oral, otic, |
| 37 | transdermal, ophthalmic, inhaled, rectal, or topical |
| 38 | prescription medications under the general supervision of a |
| 39 | registered nurse licensed pursuant to chapter 464 as provided in |
| 40 | this section. |
| 41 | (3)(2) Each facility, institution, or program must include |
| 42 | in its policies and procedures a plan for training designated |
| 43 | staff to ensure the safe handling, storage, and administration |
| 44 | of prescription medication. These policies and procedures must |
| 45 | be approved by the agency before unlicensed direct care services |
| 46 | staff assist with medication. |
| 47 | (4)(3) The policies and procedures must include, at a |
| 48 | minimum, the following provisions: |
| 49 | (a) An expressed and informed consent for each client. |
| 50 | (b) The director of the facility, program, or provider |
| 51 | must maintain a copy of the written prescription, and that |
| 52 | prescription must include the name of the medication, the dosage |
| 53 | and administration schedule, the reason for the prescription, |
| 54 | and the termination date. |
| 55 | (c) Each prescribed medication shall be kept in its |
| 56 | original container and in a secure location. |
| 57 | (5)(4) The training required in this section shall be |
| 58 | conducted by a registered nurse or a physician licensed pursuant |
| 59 | to chapter 458 or chapter 459. |
| 60 | (6) The Agency for Persons with Disabilities shall adopt |
| 61 | rules to implement this section. |
| 62 | Section 2. This act shall take effect upon becoming a law. |