1 | A bill to be entitled |
2 | An act relating to protection of elders; amending s. |
3 | 400.022, F.S.; permitting residents of nursing homes to |
4 | have video surveillance devices installed in their rooms; |
5 | amending s. 429.41, F.S.; requiring the Department of |
6 | Elderly Affairs, in consultation with the Agency for |
7 | Health Care Administration, the Department of Children and |
8 | Family Services, and the Department of Health, to adopt |
9 | rules, policies, and procedures that include standards |
10 | regarding standardized transfer forms for certain medical |
11 | records; amending s. 429.52, F.S.; requiring the |
12 | Department of Elderly Affairs to offer certain assisted |
13 | living facility staff competency tests in additional |
14 | languages; providing an effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Paragraph (w) is added to subsection (1) of |
19 | section 400.022, Florida Statutes, to read: |
20 | 400.022 Residents' rights.-- |
21 | (1) All licensees of nursing home facilities shall adopt |
22 | and make public a statement of the rights and responsibilities |
23 | of the residents of such facilities and shall treat such |
24 | residents in accordance with the provisions of that statement. |
25 | The statement shall assure each resident the following: |
26 | (w) The right to have a video surveillance device |
27 | installed in his or her room. |
28 | Section 2. Paragraph (h) of subsection (1) of section |
29 | 429.41, Florida Statutes, is amended to read: |
30 | 429.41 Rules establishing standards.-- |
31 | (1) It is the intent of the Legislature that rules |
32 | published and enforced pursuant to this section shall include |
33 | criteria by which a reasonable and consistent quality of |
34 | resident care and quality of life may be ensured and the results |
35 | of such resident care may be demonstrated. Such rules shall also |
36 | ensure a safe and sanitary environment that is residential and |
37 | noninstitutional in design or nature. It is further intended |
38 | that reasonable efforts be made to accommodate the needs and |
39 | preferences of residents to enhance the quality of life in a |
40 | facility. The agency, in consultation with the department, may |
41 | adopt rules to administer the requirements of part II of chapter |
42 | 408. In order to provide safe and sanitary facilities and the |
43 | highest quality of resident care accommodating the needs and |
44 | preferences of residents, the department, in consultation with |
45 | the agency, the Department of Children and Family Services, and |
46 | the Department of Health, shall adopt rules, policies, and |
47 | procedures to administer this part, which must include |
48 | reasonable and fair minimum standards in relation to: |
49 | (h) The care and maintenance of residents, which must |
50 | include, 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 |
54 | leisure activities; |
55 | 4. The arrangement for appointments and transportation to |
56 | appropriate medical, dental, nursing, or mental health services, |
57 | as needed by residents; |
58 | 5. The management of medication; |
59 | 6. The nutritional needs of residents; |
60 | 7. Resident records, including standardized transfer forms |
61 | containing vital medical information concerning the resident |
62 | that 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 |
65 | Statutes, is amended to read: |
66 | 429.52 Staff training and educational programs; core |
67 | educational requirement.-- |
68 | (2) The department shall establish a competency test and a |
69 | minimum required score to indicate successful completion of the |
70 | training and educational requirements. The competency test must |
71 | be developed by the department in conjunction with the agency |
72 | and providers and must be offered in English, Spanish, and |
73 | Creole. The required training and education must cover at least |
74 | the following topics: |
75 | (a) State law and rules relating to assisted living |
76 | facilities. |
77 | (b) Resident rights and identifying and reporting abuse, |
78 | neglect, and exploitation. |
79 | (c) Special needs of elderly persons, persons with mental |
80 | illness, and persons with developmental disabilities and how to |
81 | meet those needs. |
82 | (d) Nutrition and food service, including acceptable |
83 | sanitation practices for preparing, storing, and serving food. |
84 | (e) Medication management, recordkeeping, and proper |
85 | techniques for assisting residents with self-administered |
86 | medication. |
87 | (f) Firesafety requirements, including fire evacuation |
88 | drill procedures and other emergency procedures. |
89 | (g) Care of persons with Alzheimer's disease and related |
90 | disorders. |
91 | Section 4. This act shall take effect July 1, 2009. |