Notice of Proposed Rule

DEPARTMENT OF CORRECTIONS
Departmental
RULE NO: RULE TITLE
33-208.101: Employee Grooming, Uniform and Clothing Requirements
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend the dress code for health care employees and to update Form DC2-816, Individual Clothing Record, to include additional clothing articles.
SUMMARY: Amends the rule to update the dress code for health care employees. Clarifies that all health services staff providing direct care to inmates shall wear the department issued ID card, provides that the department no longer furnishes white smocks, clinical coats, surgical gowns or scrub suits, and requires additional employees to wear scrubs or the standard nurse uniform. Provides that earrings are the only body piercing ornaments allowed for females, and artificial fingernails or extenders will not be worn when having direct contact with high risk inmates. Form DC2-816, Individual Clothing Record, is being revised to include additional clothing articles.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 20.315, 944.09 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dorothy M. Ridgway, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-208.101 Employee Grooming, Uniform and Clothing Requirements.

(1) though (5) No change.

(6) The following provisions shall apply to health services employees.

(a) All health services staff providing direct care to inmates at an institution shall wear the department issued ID card in a visible manner that will identify the individual at all times while on duty and a nameplate engraved with the employee’s last name, first name initial, and initials of licensure or certification. The nameplate will be issued by the department.

(b) Physicians, clinical associates, dentists, dental assistants, dental hygienists, nurse supervisors, nurse consultants, executive nursing directors and pharmacists will have no prescribed uniform. White smocks, clinical coats and surgical gowns as required in the performance of duty will be furnished by the department.

(c) Nurses, correctional medical technicians certified, health support workers, unit treatment rehabilitation specialists, ward clerks, radiology technicians and medical technologists shall be required to wear the dark colored scrub suits provided by the department or the standard white nurse uniform. The nurse scrubs or uniform must be provided by the employee. No denim scrubs or uniforms will be permitted.

(d) Correctional medical technicians certified, correctional medical technicians, health support workers and medical technologists shall wear the dark colored scrub suit provided by the department.

(d)(e) Employees in the position of senior registered professional nurse, LPN, correctional medical technician, correctional medical technician certified, medical technologist, radiology technician, UTR and ward clerk must wear shoes such as closed toe white leather or leather-like tennis shoes.

(e)(f) The following shall apply to health services staff whose duties require providing direct care to inmates in an institution, including physicians, pharmacists, dentists, clinical associates, registered nurses, LPNs, correctional medical technicians, correctional medical technicians certified, medical technologists, health support workers, UTR’s and ward clerks.

1. Excessive jewelry shall not be worn with the uniform. No necklaces, chains or medallions shall be worn around the neck such that they are visible while in uniform. Jewelry that could be used to disable an employee, such as hair pins, will not be worn. No bulky or ornate jewelry will be worn. Bracelets or earrings are prohibited for male staff. Female staff shall be allowed to wear earrings;, however, only one pair of post or clip-on earrings will be worn at a time and will be worn on earlobes only. Earrings for female staff will constitute the only body piercing ornaments allowed. For safety purposes, earrings shall not be hooped or dangling. Only post or clip on will be worn on earlobes only.

2. Fingernails will be neatly trimmed and clean. Fingernails shall not extend more than 1/4 inch past the end of the finger. Artificial fingernails or extenders will not be worn when having direct contact with high risk inmates, i.e., in a licensed hospital facility, intensive care units, operating rooms, or dialysis units. Polish, if worn, shall be clear or solid in color. Hair shall be maintained in a manner consistent with infection control practices and safety considerations.

(7) No change.

(8) Forms. The following forms used in implementing the provisions of this rule are hereby incorporated by reference:

(a) Individual Clothing Record, DC2-816, effective ________ 12-18-00.

(b) Authorization for Uniform Replacement, DC2-817, effective 12-18-00. A copy of these forms may be obtained from the Forms Control Administrator, Office of Research, Planning and Support Services, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500.

Specific Authority 944.09 FS. Law Implemented 20.315, 944.09 FS. History–New 2-27-85, Amended 6-19-85, Formerly 33-4.07, Amended 3-6-88, 8-15-89, 2-12-91, 10-13-91, 4-19-98, 12-7-98, Formerly 33-4.007, Amended 10-5-99, 3-21-00, 12-18-00, 4-30-02, 2-20-03, 6-26-03, 10-27-03, 12-28-03, 12-12-04,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Patrick H. Brown, M.D., Director of Health Services
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Laura E. Bedard, Ph.D., Deputy Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 31, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 16, 2006