Florida Senate - 2011 CS for SB 1372
By the Committee on Children, Families, and Elder Affairs; and
Senator Storms
586-03207-11 20111372c1
1 A bill to be entitled
2 An act relating to the Agency for Persons with
3 Disabilities; amending s. 393.125, F.S.; requiring the
4 Department of Children and Family Services to submit
5 its recommended order to the Agency for Persons with
6 Disabilities at the conclusion of an administrative
7 hearing; requiring that the agency issue the final
8 agency order; amending s. 393.506, F.S.; requiring a
9 registered nurse or physician to assess and validate a
10 direct service provider’s competency in all routes of
11 medication administration at an onsite setting with an
12 actual client; providing an exception; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Paragraph (a) of subsection (1) of section
18 393.125, Florida Statutes, is amended to read:
19 393.125 Hearing rights.—
20 (1) REVIEW OF AGENCY DECISIONS.—
21 (a) For Medicaid programs administered by the agency, any
22 developmental services applicant or client, or his or her
23 parent, guardian advocate, or authorized representative, may
24 request a hearing in accordance with federal law and rules
25 applicable to Medicaid cases and has the right to request an
26 administrative hearing pursuant to ss. 120.569 and 120.57. These
27 hearings shall be provided by the Department of Children and
28 Family Services pursuant to s. 409.285 and shall follow
29 procedures consistent with federal law and rules applicable to
30 Medicaid cases. At the conclusion of the hearing, the department
31 shall submit its recommended order to the agency as provided in
32 s. 120.57(1)(k) and the agency shall issue the final order as
33 provided in s. 120.57(1)(l).
34 Section 2. Subsection (4) of section 393.506, Florida
35 Statutes, is amended to read:
36 393.506 Administration of medication.—
37 (4) A registered nurse licensed under chapter 464 or a
38 physician licensed under chapter 458 or chapter 459 shall
39 annually assess and validate a direct service provider’s
40 competency in all routes of medication administration as
41 provided in subsection (1), except for the topical, transdermal,
42 and otic routes, in an onsite setting with an actual client. The
43 topical, transdermal, and otic routes of medication
44 administration may be validated by simulation during the
45 required training course and do not require annual revalidation.
46 The determination of competency and annual validation required
47 in this section shall be conducted by a registered nurse
48 licensed pursuant to chapter 464 or a physician licensed
49 pursuant to chapter 458 or chapter 459.
50 Section 3. This act shall take effect July 1, 2011.