HB 963

1
A bill to be entitled
2An act relating to protection of elders; amending s.
3400.022, F.S.; permitting residents of nursing homes to
4have video surveillance devices installed in their rooms;
5amending s. 429.41, F.S.; requiring the Department of
6Elderly Affairs, in consultation with the Agency for
7Health Care Administration, the Department of Children and
8Family Services, and the Department of Health, to adopt
9rules, policies, and procedures that include standards
10regarding standardized transfer forms for certain medical
11records; amending s. 429.52, F.S.; requiring the
12Department of Elderly Affairs to offer certain assisted
13living facility staff competency tests in additional
14languages; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Paragraph (w) is added to subsection (1) of
19section 400.022, Florida Statutes, to read:
20     400.022  Residents' rights.--
21     (1)  All licensees of nursing home facilities shall adopt
22and make public a statement of the rights and responsibilities
23of the residents of such facilities and shall treat such
24residents in accordance with the provisions of that statement.
25The statement shall assure each resident the following:
26     (w)  The right to have a video surveillance device
27installed in his or her room.
28     Section 2.  Paragraph (h) of subsection (1) of section
29429.41, Florida Statutes, is amended to read:
30     429.41  Rules establishing standards.--
31     (1)  It is the intent of the Legislature that rules
32published and enforced pursuant to this section shall include
33criteria by which a reasonable and consistent quality of
34resident care and quality of life may be ensured and the results
35of such resident care may be demonstrated. Such rules shall also
36ensure a safe and sanitary environment that is residential and
37noninstitutional in design or nature. It is further intended
38that reasonable efforts be made to accommodate the needs and
39preferences of residents to enhance the quality of life in a
40facility. The agency, in consultation with the department, may
41adopt rules to administer the requirements of part II of chapter
42408. In order to provide safe and sanitary facilities and the
43highest quality of resident care accommodating the needs and
44preferences of residents, the department, in consultation with
45the agency, the Department of Children and Family Services, and
46the Department of Health, shall adopt rules, policies, and
47procedures to administer this part, which must include
48reasonable and fair minimum standards in relation to:
49     (h)  The care and maintenance of residents, which must
50include, but is not limited to:
51     1.  The supervision of residents;
52     2.  The provision of personal services;
53     3.  The provision of, or arrangement for, social and
54leisure activities;
55     4.  The arrangement for appointments and transportation to
56appropriate medical, dental, nursing, or mental health services,
57as needed by residents;
58     5.  The management of medication;
59     6.  The nutritional needs of residents;
60     7.  Resident records, including standardized transfer forms
61containing vital medical information concerning the resident
62that is available to emergency responders 24 hours per day; and
63     8.  Internal risk management and quality assurance.
64     Section 3.  Subsection (2) of section 429.52, Florida
65Statutes, is amended to read:
66     429.52  Staff training and educational programs; core
67educational requirement.--
68     (2)  The department shall establish a competency test and a
69minimum required score to indicate successful completion of the
70training and educational requirements. The competency test must
71be developed by the department in conjunction with the agency
72and providers and must be offered in English, Spanish, and
73Creole. The required training and education must cover at least
74the following topics:
75     (a)  State law and rules relating to assisted living
76facilities.
77     (b)  Resident rights and identifying and reporting abuse,
78neglect, and exploitation.
79     (c)  Special needs of elderly persons, persons with mental
80illness, and persons with developmental disabilities and how to
81meet those needs.
82     (d)  Nutrition and food service, including acceptable
83sanitation practices for preparing, storing, and serving food.
84     (e)  Medication management, recordkeeping, and proper
85techniques for assisting residents with self-administered
86medication.
87     (f)  Firesafety requirements, including fire evacuation
88drill procedures and other emergency procedures.
89     (g)  Care of persons with Alzheimer's disease and related
90disorders.
91     Section 4.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.