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.
   15  Be It Enacted by the Legislature of the State of Florida:
   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.