7573389, 58A-5.0131 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7573389

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ELDER AFFAIRS

Division:

Federal Aging Programs

Chapter:

ASSISTED LIVING FACILITIES

Overview

RULE:

58A-5.0131	Definitions (Transferred)
58A-5.016	License Requirements (Transferred)
58A-5.0181	Admission Procedures, Appropriateness of Placement and Continued Residency Criteria (Transferred)
58A-5.0182	Resident Care Standards (Transferred)
58A-5.0183	Reports of Abuse in Facilities (Repealed)
58A-5.0185	Medication Practices (Transferred)
58A-5.019	Staffing Standards (Transferred)
58A-5.0191	Staff Training Requirements and Competency Test (Transferred)
58A-5.023	Physical Plant Standards (Transferred)
58A-5.025	Resident Contracts (Transferred)
58A-5.029	Limited Mental Health (Transferred)
58A-5.033	Administrative Enforcement (Transferred)

PURPOSE:

The purpose and effect of the proposed rule amendments is to: include an additional requirement for determining continued residency resulting in amendments to AHCA Form 1823, which is incorporated by reference; include changes to resident care standards as it pertains to third party services; include providing the work schedule for direct care staff as part of the staffing standards; include amendments to medication practices, specifically in regards to over the counter medications; include changes to staff training requirements, specifically in regards to HIV/AIDS, pursuant to Section 381.0035, F.S., additional limited mental health training, and establishing the minimum score for successful completion of the core training competency exam; amend the physical plant standards to coincide with the Florida Building Code, 2007 Edition; and Chapter 633, F.S., Fire Prevention and Control; include changes to the resident contract, specifically notification that the resident must be assessed for admission as well as for continued residency, and statements regarding self-administration, assistance with self-administration and administration of medications, including over-the-counter medications, in resident contracts or written statement of house rules; amend language to stress that facilities must take appropriate action to assist, if necessary, in facilitating the provision of services for residents in facilities holding standard, extended congregate care, limited nursing services and limited mental health licenses; and deletion of the use of a temporary license under administrative enforcement. The purpose and effect of a new rule is to address procedures for do not resuscitate orders.

SUBJECT:

Additional requirement for determining continued residency; changes to AHCA Form 1823, which is incorporated by reference; changes to resident care standards as in pertains to third party services; provision of the work schedule for direct care staff for residents or representatives; amendments to medication practices, specifically in regards to over-the-counter medications; changes to staff training requirements, specifically HIV/AIDS, additional limited mental health training and establishing a minimum score for the core training examination; amendments to the physical plant standards to coincide with the Florida Building Code, 2007 Edition, and Chapter 633, F.S., Fire Prevention and Control; notification that the resident must be assessed for admission as well as for continued residency, requiring use of AHCA Form 1823 for the latter determination; requirement regarding the facility’s policies and procedures for self-administration, assistance with self-administration and administration of medications, including over-the-counter medications, to be included in resident contracts; amendment to stress that facilities must take appropriate action to assist, if necessary, in facilitating the provision of services for residents in facilities holding standard, extended congregate care, limited nursing services and limited mental health licenses; deletion of the use of a temporary license; and procedures for do not resuscitate orders.

RULEMAKING AUTHORITY:

429.15, 429.178, 429.23, 429.24, 429.255, 429.26, 429.275, 429.41, 429.42, 429.52 FS.

LAW:

429.02, 429.04, 429.075, 429.12, 429.14, 429.15, 429.17, 429.176, 429.178, 429.19, 429.24, 429.255, 429.256, 429.23, 429.26, 429.27, 429.275, 429.28, 429.34, 429.41, 429.42, 429.44, 429.445, 429.47, 429.52 FS.

PRINT PUBLISH DATE:

9/4/2009 Vol. 35/35

RELATED STATUTES
AND LAWS:

429.15, 429.178, 429.23, 429.24, 429.255, 429.26, 429.275, 429.41, 429.42, 429.52 FS., 429.02, 429.04, 429.075, 429.12, 429.14, 429.15, 429.17, 429.176, 429.178, 429.19, 429.24, 429.255, 429.256, 429.23, 429.26, 429.27, 429.275, 429.28, 429.34, 429.41, 429.42, 429.44, 429.445, 429.47, 429.52 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=58A-5.0131&PDate=9/4/2009&Section=1

REFERENCE MATERIALS:

No reference(s).

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