Florida Senate - 2020 SB 784
By Senator Baxley
12-00456A-20 2020784__
1 A bill to be entitled
2 An act relating to assisted living facilities;
3 amending s. 429.02, F.S.; conforming a provision to
4 changes made by the act; defining the terms
5 “medication technician” and “point-of-care devices”;
6 amending s. 429.26, F.S.; providing that the owner or
7 administrator of a facility is responsible for
8 arranging medical evaluations and reevaluations of
9 individuals admitted to or residing in the facility to
10 assess the appropriateness of admission or continued
11 residence; requiring such evaluations and
12 reevaluations to be based on a medical examination
13 report that was conducted by a licensed physician, a
14 licensed physician assistant, or a licensed nurse
15 practitioner within a specified timeframe; requiring
16 the medical examination report to be recorded as
17 required by Agency for Health Care Administration
18 rule; requiring the owner or administrator of a
19 facility to ensure all relevant information requested
20 is provided on a medical examination report; providing
21 immunity from liability for facility owners and
22 administrators in certain circumstances; amending s.
23 429.29, F.S.; making the results of certain agency
24 surveys inadmissible in certain civil proceedings,
25 with exceptions; amending s. 429.52, F.S.; providing
26 for minimum requirements and specifications for
27 training of medication technicians; requiring the
28 agency to authorize online materials and courses to be
29 used for such training; providing for examination and
30 certification of medication technicians after they
31 complete an online training course; requiring the
32 agency to post approved courses and certified trainers
33 on its website; requiring the agency to maintain and
34 update a list of approved point-of-care devices;
35 requiring the agency to establish training
36 requirements for staff and supervision of residents’
37 use of point-of-care devices in a licensed facility;
38 providing an effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Present subsections (15) through (18) of section
43 429.02, Florida Statutes, are redesignated as subsections (16)
44 through (19), respectively, present subsections (19) through
45 (27) are redesignated as subsections (21) through (29),
46 respectively, subsection (11) is amended, and new subsections
47 (15) and (20) are added to that section, to read:
48 429.02 Definitions.—When used in this part, the term:
49 (11) “Extended congregate care” means acts beyond those
50 authorized in subsection (18) which (17) that may be performed
51 pursuant to part I of chapter 464 by persons licensed thereunder
52 while carrying out their professional duties, and other
53 supportive services that which may be specified by rule. The
54 purpose of such services is to enable residents to age in place
55 in a residential environment despite mental or physical
56 limitations that might otherwise disqualify them from residency
57 in a facility licensed under this part.
58 (15) “Medication technician” means an unlicensed staff
59 member who has completed 6 hours of training approved by the
60 agency and provided by an agency-certified trainer. A medication
61 technician may provide assistance with a resident’s self
62 administration of medications and with point-of-care devices.
63 (20) “Point-of-care devices” means testing equipment
64 designed and approved to be used by the resident with assistance
65 and supervision from trained staff to help gather, collect, and
66 record information regarding the resident’s condition.
67 Section 2. Subsections (1) and (4) of section 429.26,
68 Florida Statutes, are amended to read:
69 429.26 Appropriateness of placements; examinations of
70 residents.—
71 (1) The owner or administrator of a facility is responsible
72 for arranging a medical evaluation to determine determining the
73 appropriateness of admission of an individual to the facility
74 and for arranging a medical reevaluation at least annually, or
75 whenever a significant change in the individual’s condition is
76 observed and reported to the administrator, to determine
77 determining the continued appropriateness of an individual’s
78 continued residence of an individual in the facility. A
79 determination must shall be based upon an assessment of the
80 strengths, needs, and preferences of the resident, the care and
81 services offered or arranged for by the facility in accordance
82 with facility policy, and any limitations in law or rule related
83 to admission criteria or continued residency for the type of
84 license held by the facility under this part. The owner or
85 administrator shall base his or her determination of the
86 appropriateness of the initial and continued placement of an
87 individual in a facility on a medical examination report that
88 was completed within 60 days before admission by a licensed
89 physician, a licensed physician assistant, or a licensed nurse
90 practitioner. A resident may not be moved from one facility to
91 another without consultation with and agreement from the
92 resident or, if applicable, the resident’s representative or
93 designee or the resident’s family, guardian, surrogate, or
94 attorney in fact. In the case of a resident who has been placed
95 by the department or the Department of Children and Families,
96 the administrator must notify the appropriate contact person in
97 the applicable department.
98 (4) If possible, Each resident shall have been examined by
99 a licensed physician, a licensed physician assistant, or a
100 licensed nurse practitioner within 60 days before admission to
101 the facility. The signed and completed medical examination
102 report, which must be recorded as required by agency rule, must
103 shall be submitted to the owner or administrator of the
104 facility, who shall use the information provided contained
105 therein to assist in the determination of the appropriateness of
106 the resident’s admission and continued stay in the facility. The
107 owner or administrator shall ensure that all relevant
108 information required is included in the medical examination
109 report. An owner or administrator who obtains the medical
110 examination report and verifies its completeness is not
111 personally liable in any administrative, civil, or criminal
112 action for any error in determining whether an individual is
113 appropriate for admission or continued residency. The medical
114 examination report becomes shall become a permanent part of the
115 permanent record of the resident at the facility and must shall
116 be made available to the agency during inspection or upon
117 request. An assessment that has been completed through the
118 Comprehensive Assessment and Review for Long-Term Care Services
119 (CARES) Program fulfills the requirements for a medical
120 examination under this subsection and s. 429.07(3)(b)6.
121 Section 3. Subsection (8) is added to section 429.29,
122 Florida Statutes, to read:
123 429.29 Civil actions to enforce rights.—
124 (8) In any claim brought pursuant to this section, the
125 results of an agency survey conducted pursuant to this chapter
126 are not admissible as evidence in the proceedings unless:
127 (a) A deficiency identified by the agency led to or caused
128 harm to a resident who is the subject of the claim; or
129 (b) A licensee is using the absence of a deficiency finding
130 by the agency to refute an allegation of neglect or
131 noncompliance with regulatory standards.
132 Section 4. Subsection (6) of section 429.52, Florida
133 Statutes, is amended to read:
134 429.52 Staff training and educational programs; core
135 educational requirement.—
136 (6) Medication technicians Staff involved with the
137 management of medications and assisting with the self
138 administration of medications under s. 429.256 must complete a
139 minimum of 6 additional hours of training provided by a
140 registered nurse, a licensed pharmacist, or agency staff. The
141 agency shall establish by rule the minimum requirements of
142 medication technician this additional training, which shall
143 address infection control, safe handling and use of point-of
144 care devices, communicating with case managers and health care
145 providers, and methods of assisting residents with the self
146 administration of medications. The agency shall authorize
147 approved training for medication technicians to be conducted
148 using online materials and courses approved by the agency. An
149 online training course must conclude with the trainee taking an
150 end-of-course exam. The course must provide a certificate with a
151 passing exam score on the document and provide a unique
152 certification number for the trainee. The agency shall post on
153 its website approved courses and certified trainers approved to
154 offer medication technician training. The agency shall maintain
155 a list of approved point-of-care devices which is updated as new
156 technologies make additional devices available. The agency shall
157 establish requirements for training staff and supervising
158 residents’ use of point-of-care devices in a licensed facility.
159 Section 5. This act shall take effect July 1, 2020.