Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1788
       
       
       
       
       
       
                                Ì895214#Î895214                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Appropriations Subcommittee on Health and Human Services
       (Passidomo) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 393.506, Florida Statutes, is amended to
    6  read:
    7         393.506 Administration of medication.—
    8         (1) A direct service provider who is not currently licensed
    9  to administer medication may supervise the self-administration
   10  of medication or may administer oral, transdermal, ophthalmic,
   11  otic, rectal, inhaled, enteral, or topical prescription
   12  medications to a client if the provider meets the requirements
   13  of as provided in this section.
   14         (2) In order to supervise the self-administration of
   15  medication or to administer medications as provided in
   16  subsection (1), a direct service provider must satisfactorily
   17  complete an initial a training course conducted by an agency
   18  approved trainer of not less than 6 4 hours in medication
   19  administration and be found competent to supervise the self
   20  administration of medication by a client and or to administer
   21  medication to a client in a safe and sanitary manner. The
   22  competency of the direct service provider to supervise and
   23  administer otic, transdermal, and topical medication must be
   24  assessed and validated using simulation during the course, and
   25  need not be revalidated annually. If the direct service provider
   26  has already completed an initial training course of at least 4
   27  hours and has a current validation for oral or enteral routes of
   28  medication administration on or before July 1, 2018, then he or
   29  she is not required to complete the course. If for any reason
   30  the direct service provider loses his or her validation by
   31  failing to meet the annual validation requirement for oral or
   32  enteral medication administration, or the annual inservice
   33  training requirement in subsection (3), then the direct service
   34  provider must complete the initial training course and obtain
   35  all required validations before he or she may supervise the
   36  self-administration of medication by a client or administer
   37  medication to a client. If a direct service provider has
   38  completed an initial training course of at least 4 hours, but
   39  has not received validation for otic, transdermal, or topical
   40  medication administration before July 1, 2018, then that direct
   41  service provider must seek separate validation before
   42  administering otic, transdermal, and topical medication. Those
   43  validations may be performed through simulation.
   44         (3) In addition to the initial training course, a direct
   45  service provider must annually and satisfactorily complete a 2
   46  hour agency-developed inservice training course in medication
   47  administration and medication error prevention conducted by an
   48  agency-approved trainer. The inservice training course will
   49  count toward annual inservice training hours. This subsection
   50  may not be construed to require an increase in the total number
   51  of hours required for annual inservice training for direct
   52  service providers.
   53         (4) Competency must be validated initially and revalidated
   54  annually for oral, enteral, ophthalmic, rectal, and inhaled
   55  medication administration. The initial and annual validations of
   56  medication administration must be performed onsite with an
   57  actual client using the client’s actual medication and must
   58  include the validating practitioner personally observing the
   59  direct service provider satisfactorily:
   60         (a) Supervising the oral, enteral, ophthalmic, rectal, or
   61  inhaled self-administration of medication by a client; and
   62         (b) Administering medication to a client by oral, enteral,
   63  ophthalmic, rectal, or inhaled medication routes.
   64         (5) Any unlicensed direct service provider who completes
   65  the required initial training course and is validated in the
   66  oral or enteral route of medication administration is not
   67  required to retake the initial training course unless he or she
   68  fails to maintain annual validation in the oral or enteral
   69  route, in which case, the provider must complete again the
   70  initial 6-hour training course and any additional validations
   71  before he or she may supervise the self-administration of
   72  medication by a client or to administer any medication to a
   73  client.
   74         (6) Only a direct service provider who has met the training
   75  requirements of this section and who has been validated as
   76  competent may administer medication to a client. In addition, a
   77  direct service provider who is not currently licensed to
   78  administer medication may supervise the self-administration of
   79  medication by a client or may administer medication to a client
   80  only if the client, or the client’s guardian or legal
   81  representative, has given his or her informed written consent
   82  must be assessed and validated at least annually in an onsite
   83  setting and must include personally observing the direct service
   84  provider satisfactorily:
   85         (a) Supervising the self-administration of medication by a
   86  client; and
   87         (b) Administering medication to a client.
   88         (3) A direct service provider may supervise the self
   89  administration of medication by a client or may administer
   90  medication to a client only if the client, or the client’s
   91  guardian or legal representative, has given his or her informed
   92  consent to self-administering medication under the supervision
   93  of an unlicensed direct service provider or to receiving
   94  medication administered by an unlicensed direct service
   95  provider. Such informed consent must be based on a description
   96  of the medication routes and procedures that the direct service
   97  provider is authorized to supervise or administer. Only a
   98  provider who has received appropriate training and has been
   99  validated as competent may supervise the self-administration of
  100  medication by a client or may administer medication to a client.
  101         (7)(4) The training, determination of competency, and
  102  initial and annual validations validation required in this
  103  section shall be conducted by a registered nurse licensed
  104  pursuant to chapter 464 or by a practical nurse licensed under
  105  chapter 464. A physician licensed pursuant to chapter 458 or
  106  chapter 459 may validate or revalidate competency.
  107         (8)(5) The agency shall establish by rule standards and
  108  procedures that a direct service provider must follow when
  109  supervising the self-administration of medication by a client
  110  and when administering medication to a client. Such rules must,
  111  at a minimum, address qualification requirements for trainers,
  112  requirements for labeling medication, documentation and
  113  recordkeeping, the storage and disposal of medication,
  114  instructions concerning the safe administration of medication or
  115  supervision of self-administered medication, informed-consent
  116  requirements and records, and the training curriculum and
  117  validation procedures. The agency shall adopt rules to establish
  118  methods of enforcement to ensure compliance with this section.
  119         Section 2. This act shall take effect July 1, 2018.
  120  
  121  ================= T I T L E  A M E N D M E N T ================
  122  And the title is amended as follows:
  123         Delete everything before the enacting clause
  124  and insert:
  125                        A bill to be entitled                      
  126         An act relating to medication administration; amending
  127         s. 393.506, F.S.; revising training requirements for
  128         direct service providers to assist with the
  129         administration of or to supervise the self
  130         administration of medication under certain
  131         circumstances; providing requirements for the
  132         competency and skills of direct service providers to
  133         be validated; requiring direct service providers to
  134         complete an annual inservice training course in
  135         medication administration and medication error
  136         prevention developed by the Agency for Persons with
  137         Disabilities; providing construction; requiring the
  138         validation and revalidation of competency for certain
  139         medication administrations to be performed with an
  140         actual client; requiring the agency to adopt specified
  141         rules; providing an effective date.