Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 1562
Barcode 600066
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/25/2009 .
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The Committee on Health Regulation (Bennett) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (a) of subsection (2) of section
6 381.0072, Florida Statutes, is amended to read:
7 381.0072 Food service protection.—It shall be the duty of
8 the Department of Health to adopt and enforce sanitation rules
9 consistent with law to ensure the protection of the public from
10 food-borne illness. These rules shall provide the standards and
11 requirements for the storage, preparation, serving, or display
12 of food in food service establishments as defined in this
13 section and which are not permitted or licensed under chapter
14 500 or chapter 509.
15 (2) DUTIES.—
16 (a) The department shall adopt rules, including definitions
17 of terms which are consistent with law prescribing minimum
18 sanitation standards and manager certification requirements as
19 prescribed in s. 509.039, and which shall be enforced in food
20 service establishments as defined in this section. The
21 sanitation standards must address the construction, operation,
22 and maintenance of the establishment; lighting, ventilation,
23 laundry rooms, lockers, use and storage of toxic materials and
24 cleaning compounds, and first-aid supplies; plan review; design,
25 construction, installation, location, maintenance, sanitation,
26 and storage of food equipment and utensils; employee training,
27 health, hygiene, and work practices; food supplies, preparation,
28 storage, transportation, and service, including access to the
29 areas where food is stored or prepared; and sanitary facilities
30 and controls, including water supply and sewage disposal;
31 plumbing and toilet facilities; garbage and refuse collection,
32 storage, and disposal; and vermin control. Public and private
33 schools, if the food service is operated by school employees;
34 hospitals licensed under chapter 395; nursing homes licensed
35 under part II of chapter 400; child care facilities as defined
36 in s. 402.301; residential facilities colocated with a nursing
37 home or hospital, if all food is prepared in a central kitchen
38 that complies with nursing or hospital regulations; and bars and
39 lounges, as defined by department rule, are exempt from the
40 rules developed for manager certification. The department shall
41 administer a comprehensive inspection, monitoring, and sampling
42 program to ensure such standards are maintained; however,
43 nursing homes that are licensed under part II of chapter 400 and
44 inspected by the Agency for Health Care Administration as part
45 of the state licensing requirements or federal certification
46 requirements are exempt from routine inspection by the
47 department, as required under this part, and are exempt from the
48 fee imposed pursuant to this section. With respect to food
49 service establishments permitted or licensed under chapter 500
50 or chapter 509, the department shall assist the Division of
51 Hotels and Restaurants of the Department of Business and
52 Professional Regulation and the Department of Agriculture and
53 Consumer Services with rulemaking by providing technical
54 information.
55 Section 2. Paragraph (b) of subsection (6) of section
56 381.0098, Florida Statutes, is amended to read:
57 381.0098 Biomedical waste.—
58 (6) TRACKING SYSTEM.—The department shall adopt rules for a
59 system of tracking biomedical waste.
60 (b) Inspections may be conducted for purposes of compliance
61 with this section. Any such inspection shall be commenced and
62 completed with reasonable promptness. However, nursing homes
63 that are licensed under part II of chapter 400 and inspected by
64 the Agency for Health Care Administration as part of the state
65 licensing requirements or federal certification requirements are
66 exempt from routine inspection by the department, as required
67 under this part, and are exempt from the fee imposed pursuant to
68 this section. If the officer, employee, or representative of the
69 department obtains any samples, prior to leaving the premises he
70 or she shall give the owner, operator, or agent in charge a
71 receipt describing the sample obtained.
72 Section 3. Subsection (1) of section 400.0060, Florida
73 Statutes, is repealed.
74 Section 4. Subsection (2) of section 400.0061, Florida
75 Statutes, is amended to read:
76 400.0061 Legislative findings and intent; long-term care
77 facilities.—
78 (2) It is the intent of the Legislature, therefore, to
79 utilize voluntary citizen ombudsman councils under the
80 leadership of the ombudsman, and through them to operate an
81 ombudsman program which shall, without interference by any
82 executive agency, undertake to discover, investigate, and
83 determine the presence of conditions or individuals which
84 constitute a threat to the rights, health, safety, or welfare of
85 the residents of long-term care facilities. To ensure that the
86 effectiveness and efficiency of such investigations are not
87 impeded by advance notice or delay, the Legislature intends that
88 the ombudsman and ombudsman councils and their designated
89 representatives not be required to obtain warrants in order to
90 enter into or conduct investigations or onsite administrative
91 assessments of long-term care facilities. It is the further
92 intent of the Legislature that the environment in long-term care
93 facilities be conducive to the dignity and independence of
94 residents and that investigations by ombudsman councils shall
95 further the enforcement of laws, rules, and regulations that
96 safeguard the health, safety, and welfare of residents. This
97 section does not preclude an ombudsman from entering a facility
98 pursuant to the Older Americans Act of 1965, as amended, in
99 order to provide services to protect the health, safety, welfare
100 and rights of residents while ensuring that residents have
101 regular and timely access to representatives of the ombudsman
102 program.
103 Section 5. Paragraph (a) of subsection (1) of section
104 400.0065, Florida Statutes, is amended to read:
105 400.0065 State Long-Term Care Ombudsman; duties and
106 responsibilities.—
107 (1) The purpose of the Office of State Long-Term Care
108 Ombudsman shall be to:
109 (a) Identify, investigate, and resolve complaints made by
110 or on behalf of residents of long-term care facilities,
111 regardless of the person who makes the complaint, including an
112 employee of the long-term care facility, relating to actions or
113 omissions by providers or representatives of providers of long
114 term care services, other public or private agencies, guardians,
115 or representative payees which that may adversely affect the
116 health, safety, welfare, or rights of the residents.
117 Section 6. Paragraphs (b) and (d) of subsection (2) of
118 section 400.0067, Florida Statutes, are amended to read:
119 400.0067 State Long-Term Care Ombudsman Council; duties;
120 membership.—
121 (2) The State Long-Term Care Ombudsman Council shall:
122 (b) Serve as an appellate body in receiving from the local
123 councils complaints not resolved at the local level. Any
124 individual member or members of the state council may enter any
125 long-term care facility involved in an appeal, pursuant to the
126 conditions specified in s. 400.0074(2).
127 (d) Assist the ombudsman in eliciting, receiving,
128 responding to, and resolving complaints made by or on behalf of
129 residents regardless of the person who makes the complaint,
130 including an employee of a long-term care facility.
131 Section 7. Paragraph (c) of subsection (2) and subsection
132 (3) of section 400.0069, Florida Statutes, are amended to read:
133 400.0069 Local long-term care ombudsman councils; duties;
134 membership.—
135 (2) The duties of the local councils are to:
136 (c) Elicit, receive, investigate, respond to, and resolve
137 complaints made by or on behalf of residents regardless of the
138 person who makes the complaint, including an employee of a long
139 term care facility.
140 (3) In order to carry out the duties specified in
141 subsection (2), a member of a local council is authorized to
142 enter any long-term care facility without notice or first
143 obtaining a warrant, subject to the provisions of s.
144 400.0074(2).
145 Section 8. Section 400.0071, Florida Statutes, is amended
146 to read:
147 400.0071 State Long-Term Care Ombudsman Program complaint
148 procedures.—The department shall adopt rules implementing state
149 and local complaint procedures. The rules must include
150 procedures for:
151 (1) Receiving complaints against a long-term care facility
152 or an employee of a long-term care facility regardless of the
153 person who makes the complaint.
154 (2) Conducting investigations of a long-term care facility
155 or an employee of a long-term care facility subsequent to
156 receiving a complaint.
157 (3) Conducting onsite administrative assessments of long
158 term care facilities.
159 Section 9. Section 400.0074, Florida Statutes, is repealed.
160 Section 10. Paragraph (a) of subsection (1) of section
161 400.0075, Florida Statutes, is amended to read:
162 400.0075 Complaint notification and resolution procedures.—
163 (1)(a) Any complaint or problem verified by an ombudsman
164 council as a result of an investigation or onsite administrative
165 assessment, which complaint or problem is determined to require
166 remedial action by the local council, shall be identified and
167 brought to the attention of the long-term care facility
168 administrator in writing. Upon receipt of such document, the
169 administrator, with the concurrence of the local council chair,
170 shall establish target dates for taking appropriate remedial
171 action. If, by the target date, the remedial action is not
172 completed or forthcoming, the local council chair may, after
173 obtaining approval from the ombudsman and a majority of the
174 members of the local council:
175 1. Extend the target date if the chair has reason to
176 believe such action would facilitate the resolution of the
177 complaint.
178 2. In accordance with s. 400.0077, publicize the complaint,
179 the recommendations of the council, and the response of the
180 long-term care facility.
181 3. Refer the complaint to the state council.
182 Section 11. Subsection (3) of section 400.19, Florida
183 Statutes, is amended to read:
184 400.19 Right of entry and inspection.—
185 (3) The agency shall every 15 months conduct at least one
186 unannounced inspection to determine compliance by the licensee
187 with statutes, with federal requirements, if applicable, and
188 with rules adopted promulgated under the provisions of those
189 statutes and federal requirements, governing minimum standards
190 of construction, quality and adequacy of care, and rights of
191 residents. The survey shall be conducted every 6 months for the
192 next 2-year period if the facility has been cited for a class I
193 deficiency, has been cited for two or more class II deficiencies
194 arising from separate surveys or investigations within a 60-day
195 period, or has had three or more substantiated complaints within
196 a 6-month period, each resulting in at least one class I or
197 class II deficiency. In addition to any other fees or fines in
198 this part, the agency shall assess a fine for each facility that
199 is subject to the 6-month survey cycle. The fine for the 2-year
200 period shall be $6,000, one-half to be paid at the completion of
201 each survey. The agency may adjust this fine by the change in
202 the Consumer Price Index, based on the 12 months immediately
203 preceding the increase, to cover the cost of the additional
204 surveys. The agency shall verify through subsequent inspection
205 that any deficiency identified during inspection is corrected.
206 However, the agency may verify the correction of a class III or
207 class IV deficiency unrelated to resident rights or resident
208 care without reinspecting the facility if adequate written
209 documentation has been received from the facility, which
210 provides assurance that the deficiency has been corrected. The
211 giving or causing to be given of advance notice of such
212 unannounced inspections by an employee of the agency to any
213 unauthorized person shall constitute cause for suspension of not
214 fewer than 5 working days according to the provisions of chapter
215 110.
216 Section 12. Section 400.191, Florida Statutes, is amended
217 to read:
218 400.191 Availability, distribution, and posting of reports
219 and records.—
220 (1) The agency shall provide information to the public
221 about all of the licensed nursing home facilities operating in
222 the state. The agency shall, within 60 days after a licensure
223 inspection visit or within 30 days after any interim visit to a
224 facility, send copies of the inspection reports to the local
225 long-term care ombudsman council, the agency’s local office, and
226 a public library or the county seat for the county in which the
227 facility is located. The agency may provide electronic access to
228 inspection reports as a substitute for sending copies.
229 (2) The agency shall publish the Nursing Home Guide
230 annually in consumer-friendly printed form and quarterly in
231 electronic form to assist consumers and their families in
232 comparing and evaluating nursing home facilities.
233 (a) The agency shall provide an Internet site which shall
234 include at least the following information either directly or
235 indirectly through a link to another established site or sites
236 of the agency’s choosing:
237 1. A section entitled “Have you considered programs that
238 provide alternatives to nursing home care?” which shall be the
239 first section of the Nursing Home Guide and which shall
240 prominently display information about available alternatives to
241 nursing homes and how to obtain additional information regarding
242 these alternatives. The Nursing Home Guide shall explain that
243 this state offers alternative programs that permit qualified
244 elderly persons to stay in their homes instead of being placed
245 in nursing homes and shall encourage interested persons to call
246 the Comprehensive Assessment Review and Evaluation for Long-Term
247 Care Services (CARES) Program to inquire if they qualify. The
248 Nursing Home Guide shall list available home and community-based
249 programs which shall clearly state the services that are
250 provided and indicate whether nursing home services are included
251 if needed. 2. A list by name and address of all nursing home
252 facilities in this state, including any prior name by which a
253 facility was known during the previous 24-month period.
254 3. Whether such nursing home facilities are proprietary or
255 nonproprietary.
256 4. The current owner of the facility’s license and the year
257 that that entity became the owner of the license.
258 5. The name of the owner or owners of each facility and
259 whether the facility is affiliated with a company or other
260 organization owning or managing more than one nursing facility
261 in this state.
262 6. The total number of beds in each facility and the most
263 recently available occupancy levels.
264 7. The number of private and semiprivate rooms in each
265 facility.
266 8. The religious affiliation, if any, of each facility.
267 9. The languages spoken by the administrator and staff of
268 each facility.
269 10. Whether or not each facility accepts Medicare or
270 Medicaid recipients or insurance, health maintenance
271 organization, Veterans Administration, CHAMPUS program, or
272 workers’ compensation coverage.
273 11. Recreational and other programs available at each
274 facility.
275 12. Special care units or programs offered at each
276 facility.
277 13. Whether the facility is a part of a retirement
278 community that offers other services pursuant to part III of
279 this chapter or part I or part III of chapter 429.
280 14. Survey and deficiency information, including all
281 federal and state recertification, licensure, revisit, and
282 complaint survey information, for each facility for the past 30
283 months. For noncertified nursing homes, state survey and
284 deficiency information, including licensure, revisit, and
285 complaint survey information for the past 30 months shall be
286 provided.
287 15. A summary of the deficiency data for each facility over
288 the past 30 months. The summary may include a score, rating, or
289 comparison ranking with respect to other facilities based on the
290 number of citations received by the facility on recertification,
291 licensure, revisit, and complaint surveys; the severity and
292 scope of the citations; and the number of recertification
293 surveys the facility has had during the past 30 months. The
294 score, rating, or comparison ranking may be presented in either
295 numeric or symbolic form for the intended consumer audience.
296 (b) The agency shall provide the following information in
297 printed form:
298 1. A section entitled “Have you considered programs that
299 provide alternatives to nursing home care?” which shall be the
300 first section of the Nursing Home Guide and which shall
301 prominently display information about available alternatives to
302 nursing homes and how to obtain additional information regarding
303 these alternatives. The Nursing Home Guide shall explain that
304 this state offers alternative programs that permit qualified
305 elderly persons to stay in their homes instead of being placed
306 in nursing homes and shall encourage interested persons to call
307 the Comprehensive Assessment Review and Evaluation for Long-Term
308 Care Services (CARES) Program to inquire if they qualify. The
309 Nursing Home Guide shall list available home and community-based
310 programs which shall clearly state the services that are
311 provided and indicate whether nursing home services are included
312 if needed.
313 2. A list by name and address of all nursing home
314 facilities in this state.
315 3. Whether the nursing home facilities are proprietary or
316 nonproprietary.
317 4. The current owner or owners of the facility’s license
318 and the year that entity became the owner of the license.
319 5. The total number of beds, and of private and semiprivate
320 rooms, in each facility.
321 6. The religious affiliation, if any, of each facility.
322 7. The name of the owner of each facility and whether the
323 facility is affiliated with a company or other organization
324 owning or managing more than one nursing facility in this state.
325 8. The languages spoken by the administrator and staff of
326 each facility.
327 9. Whether or not each facility accepts Medicare or
328 Medicaid recipients or insurance, health maintenance
329 organization, Veterans Administration, CHAMPUS program, or
330 workers’ compensation coverage.
331 10. Recreational programs, special care units, and other
332 programs available at each facility.
333 11. The Internet address for the site where more detailed
334 information can be seen.
335 12. A statement advising consumers that each facility will
336 have its own policies and procedures related to protecting
337 resident property.
338 13. A summary of the deficiency data for each facility over
339 the past 30 months. The summary may include a score, rating, or
340 comparison ranking with respect to other facilities based on the
341 number of citations received by the facility on recertification,
342 licensure, revisit, and complaint surveys; the severity and
343 scope of the citations; the number of citations; and the number
344 of recertification surveys the facility has had during the past
345 30 months. The score, rating, or comparison ranking may be
346 presented in either numeric or symbolic form for the intended
347 consumer audience.
348 (c) The agency may provide the following additional
349 information on an Internet site or in printed form as the
350 information becomes available:
351 1. The licensure status history of each facility.
352 2. The rating history of each facility.
353 3. The regulatory history of each facility, which may
354 include federal sanctions, state sanctions, federal fines, state
355 fines, and other actions.
356 4. Whether the facility currently possesses the Gold Seal
357 designation awarded pursuant to s. 400.235.
358 5. Internet links to the Internet sites of the facilities
359 or their affiliates.
360 (2)(3) Each nursing home facility licensee shall maintain
361 as public information, available upon request, records of all
362 cost and inspection reports pertaining to that facility that
363 have been filed with, or issued by, any governmental agency.
364 Copies of the reports shall be retained in the records for not
365 less than 5 years following the date the reports are filed or
366 issued.
367 (a) The agency shall publish in the Nursing Home Guide a
368 “Nursing Home Guide Watch List” to assist consumers in
369 evaluating the quality of nursing home care in Florida. The
370 watch list must identify each facility that met the criteria for
371 a conditional licensure status and each facility that is
372 operating under bankruptcy protection. The watch list must
373 include, but is not limited to, the facility’s name, address,
374 and ownership; the county in which the facility operates; the
375 license expiration date; the number of licensed beds; a
376 description of the deficiency causing the facility to be placed
377 on the list; any corrective action taken; and the cumulative
378 number of days and percentage of days the facility had a
379 conditional license in the past 30 months. The watch list must
380 include a brief description regarding how to choose a nursing
381 home, the categories of licensure, the agency’s inspection
382 process, an explanation of terms used in the watch list, and the
383 addresses and phone numbers of the agency’s health quality
384 assurance field offices.
385 (b) Upon publication of each Nursing Home Guide, the agency
386 must post a copy on its website by the 15th calendar day of the
387 second month following the end of the calendar quarter. Each
388 nursing home licensee must retrieve the most recent version of
389 the Nursing Home Guide from the agency’s website.
390 (3)(4) Any records of a nursing home facility determined by
391 the agency to be necessary and essential to establish lawful
392 compliance with any rules or standards must be made available to
393 the agency on the premises of the facility and submitted to the
394 agency. Each facility must submit this information to the agency
395 by electronic transmission when available.
396 (4)(5) Every nursing home facility licensee shall:
397 (a) Post, in a sufficient number of prominent positions in
398 the nursing home so as to be accessible to all residents and to
399 the general public,:
400 1. a concise summary of the last inspection report
401 pertaining to the nursing home and issued by the agency, with
402 references to the page numbers of the full reports, noting any
403 deficiencies found by the agency and the actions taken by the
404 licensee to rectify the deficiencies and indicating in the
405 summaries where the full reports may be inspected in the nursing
406 home.
407 2. A copy of all of the pages that list the facility in the
408 most recent version of the Nursing Home Guide.
409 (b) Upon request, provide to any person who has completed a
410 written application with an intent to be admitted to, or to any
411 resident of, a nursing home, or to any relative, spouse, or
412 guardian of the person, a copy of the last inspection report
413 pertaining to the nursing home and issued by the agency,
414 provided the person requesting the report agrees to pay a
415 reasonable charge to cover copying costs.
416 (c) Have readily available a copy of the facility’s page
417 from the federal Nursing Home Compare website which includes the
418 facility’s Five-Star Quality Ratings.
419 (5)(6) The agency may adopt rules as necessary to
420 administer this section.
421 Section 13. Paragraph (d) of subsection (1) of section
422 400.195, Florida Statutes, is amended to read:
423 400.195 Agency reporting requirements.—
424 (1) For the period beginning June 30, 2001, and ending June
425 30, 2005, the Agency for Health Care Administration shall
426 provide a report to the Governor, the President of the Senate,
427 and the Speaker of the House of Representatives with respect to
428 nursing homes. The first report shall be submitted no later than
429 December 30, 2002, and subsequent reports shall be submitted
430 every 6 months thereafter. The report shall identify facilities
431 based on their ownership characteristics, size, business
432 structure, for-profit or not-for-profit status, and any other
433 characteristics the agency determines useful in analyzing the
434 varied segments of the nursing home industry and shall report:
435 (d) Information regarding deficiencies cited, including
436 information used to develop the Nursing Home Guide WATCH LIST
437 pursuant to s. 400.191, and applicable rules, a summary of data
438 generated on nursing homes by Centers for Medicare and Medicaid
439 Services Nursing Home Quality Information Project, and
440 information collected pursuant to s. 400.147(9), relating to
441 litigation.
442 Section 14. Subsection (8) of section 400.23, Florida
443 Statutes, is amended to read:
444 400.23 Rules; evaluation and deficiencies; licensure
445 status.—
446 (8) The agency shall adopt rules pursuant to this part and
447 part II of chapter 408 to provide that, when the criteria
448 established under subsection (2) are not met, such deficiencies
449 shall be classified according to the nature and the scope of the
450 deficiency. The scope shall be cited as isolated, patterned, or
451 widespread. An isolated deficiency is a deficiency affecting one
452 or a very limited number of residents, or involving one or a
453 very limited number of staff, or a situation that occurred only
454 occasionally or in a very limited number of locations. A
455 patterned deficiency is a deficiency where more than a very
456 limited number of residents are affected, or more than a very
457 limited number of staff are involved, or the situation has
458 occurred in several locations, or the same resident or residents
459 have been affected by repeated occurrences of the same deficient
460 practice but the effect of the deficient practice is not found
461 to be pervasive throughout the facility. A widespread deficiency
462 is a deficiency in which the problems causing the deficiency are
463 pervasive in the facility or represent systemic failure that has
464 affected or has the potential to affect a large portion of the
465 facility’s residents. The agency shall indicate the
466 classification on the face of the notice of deficiencies in
467 accordance with chapter 7, State Operations Manual, published by
468 the Centers for Medicare and Medicaid Services as follows:
469 (a) A class I deficiency is a deficiency that the agency
470 determines presents a situation in which immediate corrective
471 action is necessary because the facility’s noncompliance with
472 one or more requirements of participation has caused, or is
473 likely to cause, immediate jeopardy to the health or safety of
474 serious injury, harm, impairment, or death to a resident
475 receiving care in a facility. The condition or practice
476 constituting a class I violation shall be abated or eliminated
477 immediately, unless a fixed period of time, as determined by the
478 agency, is required for correction. A class I deficiency is
479 subject to a civil penalty of $10,000 for an isolated deficiency
480 (J), $12,500 for a patterned deficiency (K), and $15,000 for a
481 widespread deficiency (L). The fine amount shall be doubled for
482 each deficiency if the facility was previously cited for one or
483 more class I or class II deficiencies during the last licensure
484 inspection or any inspection or complaint investigation since
485 the last licensure inspection. A fine must be levied
486 notwithstanding the correction of the deficiency.
487 (b) A class II deficiency is a deficiency that the agency
488 determines has caused actual harm to a resident or residents but
489 does not rise to the level of immediate jeopardy compromised the
490 resident’s ability to maintain or reach his or her highest
491 practicable physical, mental, and psychosocial well-being, as
492 defined by an accurate and comprehensive resident assessment,
493 plan of care, and provision of services. A class II deficiency
494 is subject to a civil penalty of $2,500 for an isolated
495 deficiency (G), $5,000 for a patterned deficiency (H), and
496 $7,500 for a widespread deficiency (I). The fine amount shall be
497 doubled for each deficiency if the facility was previously cited
498 for one or more class I or class II deficiencies during the last
499 licensure inspection or any inspection or complaint
500 investigation since the last licensure inspection. A fine shall
501 be levied notwithstanding the correction of the deficiency.
502 (c) A class III deficiency is a deficiency that the agency
503 determines will not result in actual harm to a resident or
504 residents but does have the potential for no more than minimal
505 harm that does not rise to the level of immediate jeopardy
506 physical, mental, or psychosocial discomfort to the resident or
507 has the potential to compromise the resident’s ability to
508 maintain or reach his or her highest practical physical, mental,
509 or psychosocial well-being, as defined by an accurate and
510 comprehensive resident assessment, plan of care, and provision
511 of services. A class III deficiency is subject to a civil
512 penalty of $1,000 for an isolated deficiency (D), $2,000 for a
513 patterned deficiency (E), and $3,000 for a widespread deficiency
514 (F). The fine amount shall be doubled for each deficiency if the
515 facility was previously cited for one or more class I or class
516 II deficiencies during the last licensure inspection or any
517 inspection or complaint investigation since the last licensure
518 inspection. A citation for a class III deficiency must specify
519 the time within which the deficiency is required to be
520 corrected. If a class III deficiency is corrected within the
521 time specified, a civil penalty may not be imposed.
522 (d) A class IV deficiency is a deficiency that does not
523 result in actual harm but has the potential for minimal harm to
524 a that the agency determines has the potential for causing no
525 more than a minor negative impact on the resident (A, B, or C).
526 If the class IV deficiency is isolated, no plan of correction is
527 required.
528 Section 15. Subsection (3) is added to section 465.017,
529 Florida Statutes, to read:
530 465.017 Authority to inspect; disposal.—
531 (3) Nursing homes that are licensed under part II of
532 chapter 400 and inspected by the Agency for Health Care
533 Administration pursuant to the state licensing requirements and
534 federal certification requirements are exempt from routine
535 inspection by the department, as required under this part, and
536 are exempt from the fee imposed pursuant to this section.
537 Section 16. Section 633.081, Florida Statutes, is amended
538 to read:
539 633.081 Inspection of buildings and equipment; orders;
540 firesafety inspection training requirements; certification;
541 disciplinary action.—The State Fire Marshal and her or his
542 agents shall, at any reasonable hour, when the department has
543 reasonable cause to believe that a violation of this chapter or
544 s. 509.215, or a rule promulgated thereunder, or a minimum
545 firesafety code adopted by a local authority, may exist, inspect
546 any and all buildings and structures which are subject to the
547 requirements of this chapter or s. 509.215 and rules promulgated
548 thereunder. The authority to inspect shall extend to all
549 equipment, vehicles, and chemicals which are located within the
550 premises of any such building or structure. Nursing homes that
551 are licensed under part II of chapter 400 and inspected by the
552 Agency for Health Care Administration pursuant to the state
553 licensing requirements and federal certification requirements
554 are exempt from inspection by the State Fire Marshal, or his or
555 her agents, if, in the opinion of the State Fire Marshal or his
556 representative, the agency’s inspection satisfies the inspection
557 requirements of the State Fire Marshal.
558 (1) Each county, municipality, and special district that
559 has firesafety enforcement responsibilities shall employ or
560 contract with a firesafety inspector. The firesafety inspector
561 must conduct all firesafety inspections that are required by
562 law. The governing body of a county, municipality, or special
563 district that has firesafety enforcement responsibilities may
564 provide a schedule of fees to pay only the costs of inspections
565 conducted pursuant to this subsection and related administrative
566 expenses. Two or more counties, municipalities, or special
567 districts that have firesafety enforcement responsibilities may
568 jointly employ or contract with a firesafety inspector.
569 (2) Every firesafety inspection conducted pursuant to state
570 or local firesafety requirements shall be by a person certified
571 as having met the inspection training requirements set by the
572 State Fire Marshal. Such person shall:
573 (a) Be a high school graduate or the equivalent as
574 determined by the department;
575 (b) Not have been found guilty of, or having pleaded guilty
576 or nolo contendere to, a felony or a crime punishable by
577 imprisonment of 1 year or more under the law of the United
578 States, or of any state thereof, which involves moral turpitude,
579 without regard to whether a judgment of conviction has been
580 entered by the court having jurisdiction of such cases;
581 (c) Have her or his fingerprints on file with the
582 department or with an agency designated by the department;
583 (d) Have good moral character as determined by the
584 department;
585 (e) Be at least 18 years of age;
586 (f) Have satisfactorily completed the firesafety inspector
587 certification examination as prescribed by the department; and
588 (g)1. Have satisfactorily completed, as determined by the
589 department, a firesafety inspector training program of not less
590 than 200 hours established by the department and administered by
591 agencies and institutions approved by the department for the
592 purpose of providing basic certification training for firesafety
593 inspectors; or
594 2. Have received in another state training which is
595 determined by the department to be at least equivalent to that
596 required by the department for approved firesafety inspector
597 education and training programs in this state.
598 (3) Each special state firesafety inspection which is
599 required by law and is conducted by or on behalf of an agency of
600 the state must be performed by an individual who has met the
601 provision of subsection (2), except that the duration of the
602 training program shall not exceed 120 hours of specific training
603 for the type of property that such special state firesafety
604 inspectors are assigned to inspect.
605 (4) A firefighter certified pursuant to s. 633.35 may
606 conduct firesafety inspections, under the supervision of a
607 certified firesafety inspector, while on duty as a member of a
608 fire department company conducting inservice firesafety
609 inspections without being certified as a firesafety inspector,
610 if such firefighter has satisfactorily completed an inservice
611 fire department company inspector training program of at least
612 24 hours’ duration as provided by rule of the department.
613 (5) Every firesafety inspector or special state firesafety
614 inspector certificate is valid for a period of 3 years from the
615 date of issuance. Renewal of certification shall be subject to
616 the affected person’s completing proper application for renewal
617 and meeting all of the requirements for renewal as established
618 under this chapter or by rule promulgated thereunder, which
619 shall include completion of at least 40 hours during the
620 preceding 3-year period of continuing education as required by
621 the rule of the department or, in lieu thereof, successful
622 passage of an examination as established by the department.
623 (6) The State Fire Marshal may deny, refuse to renew,
624 suspend, or revoke the certificate of a firesafety inspector or
625 special state firesafety inspector if it finds that any of the
626 following grounds exist:
627 (a) Any cause for which issuance of a certificate could
628 have been refused had it then existed and been known to the
629 State Fire Marshal.
630 (b) Violation of this chapter or any rule or order of the
631 State Fire Marshal.
632 (c) Falsification of records relating to the certificate.
633 (d) Having been found guilty of or having pleaded guilty or
634 nolo contendere to a felony, whether or not a judgment of
635 conviction has been entered.
636 (e) Failure to meet any of the renewal requirements.
637 (f) Having been convicted of a crime in any jurisdiction
638 which directly relates to the practice of fire code inspection,
639 plan review, or administration.
640 (g) Making or filing a report or record that the
641 certificateholder knows to be false, or knowingly inducing
642 another to file a false report or record, or knowingly failing
643 to file a report or record required by state or local law, or
644 knowingly impeding or obstructing such filing, or knowingly
645 inducing another person to impede or obstruct such filing.
646 (h) Failing to properly enforce applicable fire codes or
647 permit requirements within this state which the
648 certificateholder knows are applicable by committing willful
649 misconduct, gross negligence, gross misconduct, repeated
650 negligence, or negligence resulting in a significant danger to
651 life or property.
652 (i) Accepting labor, services, or materials at no charge or
653 at a noncompetitive rate from any person who performs work that
654 is under the enforcement authority of the certificateholder and
655 who is not an immediate family member of the certificateholder.
656 For the purpose of this paragraph, the term “immediate family
657 member” means a spouse, child, parent, sibling, grandparent,
658 aunt, uncle, or first cousin of the person or the person’s
659 spouse or any person who resides in the primary residence of the
660 certificateholder.
661 (7) The department shall provide by rule for the
662 certification of firesafety inspectors.
663 Section 17. This act shall take effect July 1, 2009.
664
665 ================= T I T L E A M E N D M E N T ================
666 And the title is amended as follows:
667 Delete everything before the enacting clause
668 and insert:
669 A bill to be entitled
670 An act relating to the inspection of nursing homes;
671 amending ss. 381.0072, and 381.0098, F.S.; providing
672 that nursing homes that are inspected by the Agency
673 for Health Care Administration are exempt from
674 inspection by the Department of Health; repealing s.
675 400.0060(1), F.S., relating to the definition of the
676 term “administrative assessment”; amending s.
677 400.0061, F.S.; conforming provisions to changes made
678 by the act relating to onsite administrative
679 assessments; clarifying the authorization of an
680 ombudsman to enter a long-term care facility; amending
681 s. 400.0065, F.S.; clarifying that any person may make
682 a complaint against a long-term care facility,
683 including an employee of that facility; amending ss.
684 400.0067, 400.0069, and 400.0071, F.S.; conforming
685 provisions to changes made by the act relating to
686 onsite administrative assessments; clarifying that any
687 person may make a complaint against a long-term care
688 facility, including an employee of that facility;
689 repealing s. 400.0074, F.S., relating to onsite
690 administrative assessments of nursing homes, assisted
691 living facilities, and adult family-care homes
692 conducted by the local ombudsman council; amending s.
693 400.0075, F.S.; conforming provisions to changes made
694 by the act relating to onsite administrative
695 assessments; amending s. 400.19, F.S.; requiring the
696 agency to conduct an inspection to determine
697 compliance by the licensee with federal requirements;
698 amending s. 400.191, F.S.; deleting provisions
699 relating to a requirement that the agency make
700 available to the public, distribute, and post reports
701 and records concerning licensed nursing homes
702 operating in the state; revising requirements for a
703 nursing home facility licensee; amending s. 400.195,
704 F.S.; revising provisions relating to agency reporting
705 requirements; amending s. 400.23, F.S.; revising
706 requirements for notification of deficiencies;
707 revising the criteria for determining each class of
708 deficiency; amending s. 465.017, F.S.; providing that
709 nursing homes that are inspected by the agency are
710 exempt from inspection by the Department of Health and
711 imposition of a fee; amending s. 633.081, F.S.;
712 providing that nursing homes that are inspected by the
713 agency are exempt from inspection by the State Fire
714 Marshal under certain circumstances; providing an
715 effective date.