Florida Senate - 2014                                     SB 186
       
       
        
       By Senator Hays
       
       
       
       
       
       11-00230A-14                                           2014186__
    1                        A bill to be entitled                      
    2         An act relating to self-administration of medications
    3         in assisted living facilities; amending s. 429.256,
    4         F.S.; revising criteria for assistance with self
    5         administration of medication; providing a technical
    6         change; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsections (3), (4), and (5) of section
   11  429.256, Florida Statutes, are amended to read:
   12         429.256 Assistance with self-administration of medication.—
   13         (3) Assistance with self-administration of medication
   14  includes:
   15         (a) Bringing to the resident medication that was previously
   16  dispensed in a properly labeled container from where it is
   17  stored. This includes insulin syringes that are prefilled with
   18  the proper dosage by a pharmacist and insulin pens that are
   19  prefilled by the manufacturer Taking the medication, in its
   20  previously dispensed, properly labeled container, from where it
   21  is stored, and bringing it to the resident.
   22         (b) In the presence of the resident, reading the label,
   23  opening the container, removing a prescribed amount of
   24  medication from the container, and closing the container. This
   25  includes removing the cap of a nebulizer, opening the unit dose
   26  of nebulizer solution, and pouring the prescribed premeasured
   27  dose of medication into the dispensing cup of the nebulizer.
   28         (c) Placing an oral dosage in the resident’s hand or
   29  placing the dosage in another container and helping the resident
   30  by lifting the container to his or her mouth.
   31         (d) Applying topical medications.
   32         (e) Returning the medication container to proper storage.
   33         (f) Keeping a record of when a resident receives assistance
   34  with self-administration under this section.
   35         (g) Assisting a resident in using a nebulizer.
   36         (h) Using a glucometer to perform blood glucose checks.
   37         (i) Assisting with the putting on and taking off of anti
   38  embolism stockings.
   39         (j) Assisting with applying and removing an oxygen cannula,
   40  but not with titrating the prescribed oxygen settings.
   41         (k) Assisting with the use of a continuous positive airway
   42  pressure device (CPAP), but not with titrating the prescribed
   43  setting of the device.
   44         (l) Assisting with the measuring of vital signs.
   45         (m) Assisting with the use of colostomy bags.
   46         (4) Assistance with self-administration does not include:
   47         (a) The mixing, compounding, converting, or calculating of
   48  medication doses, except for the measuring of a prescribed
   49  amount of liquid medication or the breaking of a scored tablet
   50  or the crushing of a tablet as prescribed.
   51         (b) The preparation of syringes for injection or the
   52  administration of medications by any injectable route.
   53         (c) The administration of medications through intermittent
   54  positive pressure breathing machines or a nebulizer.
   55         (d) The administration of medications by way of a tube
   56  inserted in a cavity of the body.
   57         (e) The administration of parenteral preparations.
   58         (f) Irrigations or debriding agents used in the treatment
   59  of a skin condition.
   60         (g) Rectal, urethral, or vaginal preparations.
   61         (h) Medications ordered by the physician or health care
   62  professional who has with prescriptive authority to be given “as
   63  needed,” unless the order is written with specific parameters
   64  that preclude independent judgment on the part of the unlicensed
   65  person, and at the request of a competent resident.
   66         (i) Medications for which the time of administration, the
   67  amount, the strength of dosage, the method of administration, or
   68  the reason for administration requires judgment or discretion on
   69  the part of the unlicensed person.
   70         (5) Assistance with the self-administration of medication
   71  by an unlicensed person as described in this section is shall
   72  not be considered administration as defined in s. 465.003.
   73         Section 2. This act shall take effect July 1, 2014.