3338272, 59A-18.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 3338272

Notice of Proposed Rule

Department:

AGENCY FOR HEALTH CARE ADMINISTRATION

Division:

Health Facility and Agency Licensing

Chapter:

NURSE REGISTRIES STANDARDS AND LICENSING

Overview

RULE:

59A-18.002	Definitions
59A-18.004	Licensure Requirements, Procedures, and Fees
59A-18.005	Registration Policies
59A-18.0081	Certified Nursing Assistant and Home Health Aide
59A-18.010	Acceptance of Patients or Clients
59A-18.013	Administration of Drugs and Biologicals
59A-18.015	Surveys and Inspections (Repealed)
59A-18.016	Penalties (Repealed)
59A-18.018	Emergency Management Plans

PURPOSE:

The purpose of the rule revisions is to conform the rules and Comprehensive Emergency Management Plan format to changes made by the 2006 Florida Legislature in Chapter 2006-71 and Chapter 2006-192, Laws of Florida; to clarify language regarding financial instability; to revise the Affidavit of Compliance with Screening Requirement form to add level 2 screening and annual submission as required in Section 435.04, F.S.; to delete the requirement for providing the names and license numbers of independent contractors with the renewal applications; to delete the requirement for insurance since there is no legal authority; to add the law regarding assistance with medications to the laws given to independent contractors; and to include that physician assistants and advanced registered nurse practitioners may order medications for patients, as permitted in 2005-243, Laws of Florida.  The effect will be updated rules with uniform licensure procedures that conform to state laws; a revised Comprehensive Emergency Management Plan format that includes the means by which the same type and quantity of services will be provided to patients evacuated to special needs shelters; an updated Affidavit of Compliance with Screening Requirement form for administrators to attest to completion of both level 1 and 2 screening for staff as required in law; a decrease in the items required to be submitted with applications for licensure due to the elimination of the requirement to submit proof of insurance and the elimination of the requirement to submit information on independent contractors with renewal applications; a corrected 59A-18.013 that includes orders from physician assistants and advanced registered nurse practitioners as permitted in the 2005 changes to Section 400.506(17), F.S.; and the inclusion of the law on assistance with medication with the laws distributed to independent contractors.

SUMMARY:

The rules are being updated due to the changes to Chapter 400, Part III, Florida Statutes, made by the 2006 Florida Legislature in Chapter 2006-71 and 2006-192, Laws of Florida. The changes in the rule for Chapter 2006-71 are: revising 59A-18.018 and the Comprehensive Emergency Management Plan to include the means by which the same type and quantity of services will be provided to special needs patients in shelters that they received prior to the evacuation; removing the Department of Health as the reviewer of multi-county plans as requested by the Department and referring to the contact designated by the Department for plan reviews; and adding the requirement for documentation of efforts made to deliver the same type and quantity of services in the patient record if the agency is unable to continue services.  The following revisions are made to comply with Chapter 2006-192: the change of ownership definition is deleted in 59A-18.002 since the definition is now in s. 408.803, F.S.; the conditional license is removed from 59A-18.004 as Chapter 408, Part II, F.S., permits either a standard or a provisional license; and 59A-18.016 is revised pursuant to 408.806, F.S., for late renewal application fines, and a separate subsection is added for the change of ownership late application fine, decreasing the maximum amount to $500.  Legal references from Chapter 408, Part II, F.S., replace Chapter 400, Part III, F.S., references in sections of the rule pertaining to initial, renewal and change of ownership licensure applications; surveys; voluntary relinquishment of license; level 2 background screening for administrators and financial officers; and financial instability.  Legal references from Chapter 408, Part II, F.S., are inserted in sections of the rule pertaining to administrative fines, denials, moratoriums and injunctions in addition to the Chapter 400, Part III, F.S., references. Other changes include the elimination of the insurance requirement since there is no legal authority; the elimination of the requirement for a listing of independent contractor names and license numbers with the renewal application; the addition of s. 400.488, F.S., on administration of medications to the laws given by nurse registries to independent contractors; and the revision of 59A-18.005 to include that physician assistants and advanced registered nurse practitioners may order medications in addition to physicians, as permitted in s. 400.506(17), F.S.

RULEMAKING AUTHORITY:

400.497, 400.506 FS

LAW:

400.506, 408.806, 408.807, 408.809, 408.810, 408.811, 408.813, 408.814, 408.815, 408.816, FS

PRINT PUBLISH DATE:

12/29/2006 Vol. 32/52

COMMENTS:

From 12/29/2006 To 1/19/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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