Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. CS for SB 1736
Barcode 597894
LEGISLATIVE ACTION
Senate . House
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The Committee on Budget (Wise) recommended the following:
1 Senate Amendment (with directory and title amendments)
2
3 Delete lines 3297 - 3303
4 and insert:
5 (2) Every licensed facility licensed under this part is
6 required to maintain adverse incident reports. For purposes of
7 this section, the term, “adverse incident” means:
8 (a) An event over which facility staff personnel could
9 exercise control rather than as a result of the resident’s
10 condition and results in:
11 1. Death;
12 2. Brain or spinal damage;
13 3. Permanent disfigurement;
14 4. Fracture or dislocation of bones or joints;
15 5. Any condition that required medical attention to which
16 the resident has not given his or her consent, excluding
17 proceedings governed by part I of chapter 394, but including
18 failure to honor advanced directives;
19 6. Any condition that requires the transfer of the resident
20 from the facility to a unit providing more acute care due to the
21 incident rather than the resident’s condition before the
22 incident; or
23 7. An event that is reported to law enforcement or its
24 personnel for investigation; or
25 (b) Resident elopement, if the elopement places the
26 resident at risk of harm or injury.
27 (3) Licensed facilities shall provide within 1 business day
28 after the occurrence of an adverse incident, by electronic mail,
29 facsimile, or United States mail, a preliminary report to the
30 agency on all adverse incidents specified under this section.
31 The report must include information regarding the identity of
32 the affected resident, the type of adverse incident, and the
33 status of the facility’s investigation of the incident.
34 (3)(4) Licensed facilities shall provide within 15 business
35 days after the occurrence of an adverse incident, by electronic
36 mail, facsimile, or United States mail, a full report to the
37 agency on the all adverse incident, including information
38 regarding the identity of the affected resident, the type of
39 adverse incident, and incidents specified in this section. The
40 report must include the results of the facility’s investigation
41 into the adverse incident.
42 (5) Each facility shall report monthly to the agency any
43 liability claim filed against it. The report must include the
44 name of the resident, the dates of the incident leading to the
45 claim, if applicable, and the type of injury or violation of
46 rights alleged to have occurred. This report is not discoverable
47 in any civil or administrative action, except in such actions
48 brought by the agency to enforce the provisions of this part.
49 (4)(6) Abuse, neglect, or exploitation must be reported to
50 the Department of Children and Family Services as required under
51 chapter 415.
52 (5)(7) The information reported to the agency pursuant to
53 subsection (3) which relates to persons licensed under chapter
54 458, chapter 459, chapter 461, chapter 464, or chapter 465 shall
55 be reviewed by the agency. The agency shall determine whether
56 any of the incidents potentially involved conduct by a health
57 care professional who is subject to disciplinary action, in
58 which case the provisions of s. 456.073 apply. The agency may
59 investigate, as it deems appropriate, any such incident and
60 prescribe measures that must or may be taken in response to the
61 incident. The agency shall review each incident and determine
62 whether it potentially involved conduct by a health care
63 professional who is subject to disciplinary action, in which
64 case the provisions of s. 456.073 apply.
65 (6)(8) If the agency, through its receipt of the adverse
66 incident reports prescribed in this part or through any
67 investigation, has reasonable belief that conduct by a staff
68 member or employee of a licensed facility is grounds for
69 disciplinary action by the appropriate board, the agency shall
70 report this fact to such regulatory board.
71 (7)(9) The adverse incident report reports and preliminary
72 adverse incident reports required under this section is are
73 confidential as provided by law and is are not discoverable or
74 admissible in any civil or administrative action, except in
75 disciplinary proceedings by the agency or appropriate regulatory
76 board.
77 (8)(10) The Department of Elderly Affairs may adopt rules
78 necessary to administer this section.
79
80 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ======
81 And the directory clause is amended as follows:
82 Delete lines 3291 - 3294
83 and insert:
84 Section 78. Subsections (2) through (10) of section 429.23,
85 Florida Statutes, are amended to read:
86
87 ================= T I T L E A M E N D M E N T ================
88 And the title is amended as follows:
89 Delete line 274
90 and insert:
91 exceptions; amending s. 429.23, F.S.; revising
92 provisions relating to the internal risk management
93 and quality assurance program and adverse incidents
94 and reporting requirements; deleting