Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 836
Ì8119903Î811990
LEGISLATIVE ACTION
Senate . House
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The Committee on Health Policy (Brodeur) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (b) of subsection (1), subsection (2),
6 paragraphs (g) and (h) of subsection (4), and subsection (5) of
7 section 429.256, Florida Statutes, are amended to read:
8 429.256 Assistance with self-administration of medication.—
9 (1) For the purposes of this section, the term:
10 (b) “Medication technician” “Unlicensed person” means an
11 individual not currently licensed to practice nursing or
12 medicine who is employed by or under contract with to an
13 assisted living facility and who has received training on with
14 respect to assisting with the self-administration of medication
15 and use of point-of-care devices in an assisted living facility
16 as provided under s. 429.52 before prior to providing such
17 assistance as described in this section.
18 (2) Residents who are capable of self-administering their
19 own medications or using their point-of-care devices without
20 assistance shall be encouraged and allowed to do so. However, a
21 medication technician an unlicensed person may, consistent with
22 a dispensed prescription’s label or the package directions of an
23 over-the-counter medication or point-of-care device, assist a
24 resident whose condition is medically stable with the self
25 administration of routine, regularly scheduled medications that
26 are intended to be self-administered and may assist with a
27 resident’s use of point-of-care devices. Assistance with self
28 medication by a medication technician an unlicensed person may
29 occur only upon a documented request by, and the written
30 informed consent of, a resident or the resident’s surrogate,
31 guardian, or attorney in fact. For the purposes of this section,
32 self-administered medications include both legend and over-the
33 counter oral dosage forms, topical dosage forms, transdermal
34 patches, and topical ophthalmic, otic, and nasal dosage forms
35 including solutions, suspensions, sprays, and inhalers.
36 (4) Assistance with self-administration does not include:
37 (g) Assisting with medications ordered by the physician or
38 health care professional with prescriptive authority to be given
39 “as needed,” unless the order is written with specific
40 parameters that preclude independent judgment on the part of the
41 medication technician unlicensed person, and the resident
42 requesting the medication is aware of his or her need for the
43 medication and understands the purpose for taking the
44 medication.
45 (h) Medications for which the time of administration, the
46 amount, the strength of dosage, the method of administration, or
47 the reason for administration requires judgment or discretion on
48 the part of the medication technician unlicensed person.
49 (5) Assistance with the self-administration of medication
50 by a medication technician an unlicensed person as described in
51 this section is shall not be considered administration as
52 defined in s. 465.003.
53 Section 2. Subsection (6) of section 429.52, Florida
54 Statutes, is amended to read:
55 429.52 Staff training and educational requirements.—
56 (6) Medication technicians Staff assisting with the self
57 administration of medications and point-of-care devices under s.
58 429.256 must complete a minimum of 6 additional hours of
59 training provided by a registered nurse or a licensed pharmacist
60 before providing assistance. Two hours of continuing education
61 are required annually thereafter. The agency shall establish by
62 rule the minimum requirements for medication technician of this
63 training, which must address infection control, safe handling
64 and use of point-of-care devices, communicating with case
65 managers and health care providers, standard of care protocols
66 for the provision of care in a licensed assisted living
67 facility, identification of nursing standards, and methods of
68 assisting residents with the self-administration of medications.
69 Section 3. This act shall take effect July 1, 2022.
70
71 ================= T I T L E A M E N D M E N T ================
72 And the title is amended as follows:
73 Delete everything before the enacting clause
74 and insert:
75 A bill to be entitled
76 An act relating to medication technicians; amending s.
77 429.256, F.S.; defining the term “medication
78 technician”; requiring that assisted living facility
79 residents who are able to use their point-of-care
80 devices without assistance be encouraged and allowed
81 to do so; authorizing medication technicians to assist
82 assisted living facility residents with their use of
83 point-of-care devices under certain circumstances;
84 conforming provisions to changes made by the act;
85 amending s. 429.52, F.S.; providing minimum
86 requirements and specifications for the training of
87 medication technicians; requiring the Agency for
88 Health Care Administration to adopt rules establishing
89 such requirements; providing an effective date.