Florida Senate - 2019                                    SB 1592
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-01786-19                                           20191592__
    1                        A bill to be entitled                      
    2         An act relating to assisted living facilities;
    3         amending s. 429.11, F.S.; updating obsolete language;
    4         amending s. 429.19, F.S.; clarifying that specified
    5         provisions of law do not apply to assisted living
    6         facilities and prohibiting the Agency for Health Care
    7         Administration from citing facilities or imposing
    8         fines on such facilities under those provisions;
    9         amending s. 429.23, F.S.; encouraging facilities to
   10         take certain measures to provide for the general
   11         security of residents, staff, and the facility;
   12         amending s. 429.255, F.S.; clarifying that a resident
   13         and specified persons may contract with a third party
   14         for services under certain circumstances; amending s.
   15         429.26, F.S.; requiring an owner’s or administrator’s
   16         determination of an individual’s appropriateness of
   17         admission to include a medical examination and to
   18         follow specified guidelines; defining the term
   19         “bedridden”; authorizing an advanced practice
   20         registered nurse to provide an initial examination of
   21         such individuals; requiring information from the
   22         medical examination to be signed and recorded on a
   23         certain form; requiring a medical examination form
   24         including specified information to be provided by the
   25         agency; removing provisions related to the placement
   26         of an individual by the Department of Elderly Affairs;
   27         requiring a facility to notify the resident’s
   28         representative or designee when a resident exhibits
   29         signs of dementia or cognitive impairment and an
   30         underlying condition is determined to exist which
   31         requires treatment; removing the requirement that a
   32         facility arrange for the provision of health care
   33         services to treat such a condition; removing a
   34         provision relating to the continued residency of
   35         terminally ill patients and residents who require 24
   36         hour nursing services; amending s. 429.28, F.S.;
   37         expanding the residents’ bill of rights to include
   38         compliance with certain firesafety standards,
   39         environmental health and safety practices, and
   40         security procedures; amending s. 429.41, F.S.;
   41         revising legislative intent; removing the requirement
   42         that the Department of Elderly Affairs, in
   43         consultation with the agency, the Department of
   44         Children and Families, and the Department of Health
   45         adopt certain rules; authorizing the Department of
   46         Elderly Affairs, in consultation with the agency, the
   47         Department of Children and Families, and the
   48         Department of Health to adopt certain rules that
   49         include specified standards; removing provisions
   50         relating to firesafety standards and inspections which
   51         are relocated to s. 429.435, F.S.; removing a
   52         provision requiring the Department of Elderly Affairs
   53         to submit a copy of proposed rules to the Legislature;
   54         requiring rather than authorizing the agency to use a
   55         biennial standard licensure inspection; creating s.
   56         429.435, F.S.; relocating existing provisions relating
   57         to firesafety standards and inspections; amending s.
   58         429.52, F.S.; requiring the Department of Elderly
   59         Affairs to establish core training requirements for
   60         facility administrators; revising continuing education
   61         and training requirements for certain facility staff;
   62         removing the authority of the Department of Elderly
   63         Affairs to require, provide, or cause to be provided,
   64         training for staff in a facility; providing an
   65         effective date.
   66          
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Subsection (7) of section 429.11, Florida
   70  Statutes, is amended to read:
   71         429.11 Initial application for license; provisional
   72  license.—
   73         (7) A county or municipality may not issue a business tax
   74  receipt an occupational license that is being obtained for the
   75  purpose of operating a facility regulated under this part
   76  without first ascertaining that the applicant has been licensed
   77  to operate such facility at the specified location or locations
   78  by the agency. The agency shall furnish to local agencies
   79  responsible for issuing business tax receipts occupational
   80  licenses sufficient instruction for making such determinations.
   81         Section 2. Subsection (1) of section 429.19, Florida
   82  Statutes, is amended to read:
   83         429.19 Violations; imposition of administrative fines;
   84  grounds.—
   85         (1) In addition to the requirements of part II of chapter
   86  408, the agency shall impose an administrative fine in the
   87  manner provided in chapter 120 for the violation of any
   88  provision of this part, part II of chapter 408, and applicable
   89  rules by an assisted living facility, for the actions of any
   90  person subject to level 2 background screening under s. 408.809,
   91  for the actions of any facility employee, or for an intentional
   92  or negligent act seriously affecting the health, safety, or
   93  welfare of a resident of the facility. Parts II, III, and IV of
   94  chapter 400 are not applicable to assisted living facilities,
   95  and the agency may not cite a facility for a violation of those
   96  parts or impose a fine for any such violation.
   97         Section 3. Present subsection (10) of section 429.23,
   98  Florida Statutes, is redesignated as subsection (11), and a new
   99  subsection (10) is added to that section, to read:
  100         429.23 Internal risk management and quality assurance
  101  program; adverse incidents and reporting requirements.—
  102         (10) Facilities are encouraged to use safety devices,
  103  equipment, security measures, wander management, care sensing,
  104  and staff risk management to provide for the general security of
  105  residents, staff, and the facility.
  106         Section 4. Paragraph (a) of subsection (1) of section
  107  429.255, Florida Statutes, is amended to read:
  108         429.255 Use of personnel; emergency care.—
  109         (1)(a) Persons under contract to the facility, facility
  110  staff, or volunteers, who are licensed under according to part I
  111  of chapter 464, or those persons exempt under s. 464.022(1), and
  112  others as defined by rule, may administer medications to
  113  residents, take residents’ vital signs, manage individual weekly
  114  pill organizers for residents who self-administer medication,
  115  give prepackaged enemas ordered by a physician, observe
  116  residents, document observations on the appropriate resident’s
  117  record, and report observations to the resident’s physician, and
  118  contract or allow residents. A resident or a resident’s
  119  representative, designee, surrogate, guardian, or attorney in
  120  fact may to contract with a third party for services, provided
  121  that the resident meets residents meet the criteria for
  122  appropriate placement as defined in s. 429.26. Nursing
  123  assistants certified pursuant to part II of chapter 464 may take
  124  residents’ vital signs as directed by a licensed nurse or
  125  physician.
  126         Section 5. Section 429.26, Florida Statutes, is amended to
  127  read:
  128         429.26 Appropriateness of placements; examinations of
  129  residents.—
  130         (1) The owner or administrator of a facility is responsible
  131  for determining the appropriateness of admission of an
  132  individual to the facility and for determining the continued
  133  appropriateness of residence of an individual in the facility. A
  134  determination must shall be based upon the owner’s or
  135  administrator’s evaluation an assessment of the strengths,
  136  needs, and preferences of the resident; a medical examination;,
  137  the care and services offered or arranged for by the facility in
  138  accordance with facility policy;, and any limitations in law or
  139  rule related to admission criteria or continued residency for
  140  the type of license held by the facility under this part. All of
  141  the following guidelines apply to the determination of
  142  appropriateness for residency and continued residency of an
  143  individual in a facility:
  144         (a) A facility may admit or retain a resident who receives
  145  a health care service or treatment that is designed to be
  146  provided within a private residential setting if all
  147  requirements for providing that service or treatment are met by
  148  the facility or a third party.
  149         (b) A facility may admit or retain a resident who requires
  150  the use of safety and assistive devices for performing the
  151  activities of daily living; for transfer, such as sit-to-stand
  152  lifts; for preventing and addressing falls; and for addressing
  153  elopement.
  154         (c) A facility may not admit or retain a resident who
  155  requires 24-hour nursing supervision except for a resident who
  156  is enrolled in hospice services pursuant to part IV of chapter
  157  400. An individual receiving hospice services may be admitted or
  158  retained in a facility if the arrangement is agreed to by the
  159  facility and the resident, additional care is provided by a
  160  licensed hospice, and the resident is under the care of a
  161  physician who agrees that the physical needs of the resident can
  162  be met at the facility.
  163         (d) A facility may not admit or retain a resident who is
  164  bedridden. For purposes of this section, the term “bedridden”
  165  means that the resident is confined to bed because of the
  166  inability to ambulate; the inability to transfer to a wheelchair
  167  without assistance; or the inability to sit safely in a chair or
  168  wheelchair without personal assistance or the assistance of a
  169  physical restraint.
  170         1. A resident may be retained in a facility if, during
  171  residency, the resident is bedridden for no more than 7
  172  consecutive days.
  173         2. If a facility is licensed to provide extended congregate
  174  care, the resident may be retained in a facility if, during
  175  residency, the resident is bedridden for not more than 14
  176  consecutive days.
  177         3. A resident may be admitted or retained in a facility if
  178  the resident meets the guidelines in paragraph (b) and is
  179  enrolled in hospice services.
  180  
  181  A resident may not be moved from one facility to another without
  182  consultation with and agreement from the resident or, if
  183  applicable, the resident’s representative or designee or the
  184  resident’s family, guardian, surrogate, or attorney in fact. In
  185  the case of a resident who has been placed by the department or
  186  the Department of Children and Families, the administrator must
  187  notify the appropriate contact person in the applicable
  188  department.
  189         (2) A physician, physician assistant, or advanced practice
  190  registered nurse practitioner who is employed by an assisted
  191  living facility to provide an initial examination for admission
  192  purposes may not have financial interest in the facility.
  193         (3) Persons licensed under part I of chapter 464 who are
  194  employed by or under contract with a facility shall, on a
  195  routine basis or at least monthly, perform a nursing assessment
  196  of the residents for whom they are providing nursing services
  197  ordered by a physician, except administration of medication, and
  198  shall document such assessment, including any substantial
  199  changes in a resident’s status which may necessitate relocation
  200  to a nursing home, hospital, or specialized health care
  201  facility. Such records shall be maintained in the facility for
  202  inspection by the agency and shall be forwarded to the
  203  resident’s case manager, if applicable.
  204         (4) If possible, Each resident must shall have been
  205  examined by a licensed physician, a licensed physician
  206  assistant, or a licensed advanced practice registered nurse
  207  practitioner within 60 days before admission to the facility or
  208  within 30 days after admission to the facility, except as
  209  provided in s. 429.07. The information from the medical
  210  examination may be recorded on the practitioner’s form or on a
  211  form provided by the agency. The signed and completed medical
  212  examination form, signed by the practitioner, must report shall
  213  be submitted to the owner or administrator of the facility, who
  214  shall use the information contained therein to assist in the
  215  determination of the appropriateness of the resident’s admission
  216  and continued stay in the facility. The medical examination form
  217  becomes report shall become a permanent part of the record of
  218  the resident at the facility and shall be made available to the
  219  agency during inspection or upon request. An assessment that has
  220  been completed through the Comprehensive Assessment and Review
  221  for Long-Term Care Services (CARES) Program fulfills the
  222  requirements for a medical examination under this subsection and
  223  s. 429.07(3)(b)6.
  224         (5) The medical examination form provided by the agency
  225  must include all of the following information relating to the
  226  resident:
  227         (a) Height, weight, and known allergies.
  228         (b) Significant medical history and diagnoses.
  229         (c) Physical or sensory limitations.
  230         (d) Cognitive or behavioral status.
  231         (e) Nursing, treatment, or therapy service requirements.
  232         (f) Whether assistance or total care is needed for the
  233  activities of ambulating, eating, or transferring.
  234         (g) Special dietary instructions.
  235         (h) The existence of communicable diseases.
  236         (i) Bedridden and pressure sore status.
  237         (j) Whether the resident needs 24-hour nursing or
  238  psychiatric care.
  239         (k) A list of current prescribed medications, including,
  240  for each such medication, the medication name; dosage;
  241  directions for use; route; prescription quantity; and whether
  242  the resident may self-administer medications, needs assistance,
  243  or needs medication administration Except as provided in s.
  244  429.07, if a medical examination has not been completed within
  245  60 days before the admission of the resident to the facility, a
  246  licensed physician, licensed physician assistant, or licensed
  247  nurse practitioner shall examine the resident and complete a
  248  medical examination form provided by the agency within 30 days
  249  following the admission to the facility to enable the facility
  250  owner or administrator to determine the appropriateness of the
  251  admission. The medical examination form shall become a permanent
  252  part of the record of the resident at the facility and shall be
  253  made available to the agency during inspection by the agency or
  254  upon request.
  255         (6) Any resident accepted in a facility and placed by the
  256  department or the Department of Children and Families shall have
  257  been examined by medical personnel within 30 days before
  258  placement in the facility. The examination shall include an
  259  assessment of the appropriateness of placement in a facility.
  260  The findings of this examination shall be recorded on the
  261  examination form provided by the agency. The completed form
  262  shall accompany the resident and shall be submitted to the
  263  facility owner or administrator. Additionally, in the case of a
  264  mental health resident, the Department of Children and Families
  265  must provide documentation that the individual has been assessed
  266  by a psychiatrist, clinical psychologist, clinical social
  267  worker, or psychiatric nurse, or an individual who is supervised
  268  by one of these professionals, and determined to be appropriate
  269  to reside in an assisted living facility. The documentation must
  270  be in the facility within 30 days after the mental health
  271  resident has been admitted to the facility. An evaluation
  272  completed upon discharge from a state mental hospital meets the
  273  requirements of this subsection related to appropriateness for
  274  placement as a mental health resident providing it was completed
  275  within 90 days prior to admission to the facility. The
  276  applicable Department of Children and Families shall provide to
  277  the facility administrator any information about the resident
  278  that would help the administrator meet his or her
  279  responsibilities under subsection (1). Further, Department of
  280  Children and Families personnel shall explain to the facility
  281  operator any special needs of the resident and advise the
  282  operator whom to call should problems arise. The applicable
  283  Department of Children and Families shall advise and assist the
  284  facility administrator where the special needs of residents who
  285  are recipients of optional state supplementation require such
  286  assistance.
  287         (7) The facility must notify a licensed physician when a
  288  resident exhibits signs of dementia or cognitive impairment or
  289  has a change of condition in order to rule out the presence of
  290  an underlying physiological condition that may be contributing
  291  to such dementia or impairment. The notification must occur
  292  within 30 days after the acknowledgment of such signs by
  293  facility staff. If an underlying condition is determined to
  294  exist, the facility shall notify the resident’s representative
  295  or designee of the need for health care arrange, with the
  296  appropriate health care provider, the necessary care and
  297  services to treat the condition.
  298         (8) The Department of Children and Families may require an
  299  examination for supplemental security income and optional state
  300  supplementation recipients residing in facilities at any time
  301  and shall provide the examination whenever a resident’s
  302  condition requires it. Any facility administrator; personnel of
  303  the agency, the department, or the Department of Children and
  304  Families; or a representative of the State Long-Term Care
  305  Ombudsman Program who believes a resident needs to be evaluated
  306  shall notify the resident’s case manager, who shall take
  307  appropriate action. A report of the examination findings shall
  308  be provided to the resident’s case manager and the facility
  309  administrator to help the administrator meet his or her
  310  responsibilities under subsection (1).
  311         (9) A terminally ill resident who no longer meets the
  312  criteria for continued residency may remain in the facility if
  313  the arrangement is mutually agreeable to the resident and the
  314  facility; additional care is rendered through a licensed
  315  hospice, and the resident is under the care of a physician who
  316  agrees that the physical needs of the resident are being met.
  317         (9)(10) Facilities licensed to provide extended congregate
  318  care services shall promote aging in place by determining
  319  appropriateness of continued residency based on a comprehensive
  320  review of the resident’s physical and functional status; the
  321  ability of the facility, family members, friends, or any other
  322  pertinent individuals or agencies to provide the care and
  323  services required; and documentation that a written service plan
  324  consistent with facility policy has been developed and
  325  implemented to ensure that the resident’s needs and preferences
  326  are addressed.
  327         (11) No resident who requires 24-hour nursing supervision,
  328  except for a resident who is an enrolled hospice patient
  329  pursuant to part IV of chapter 400, shall be retained in a
  330  facility licensed under this part.
  331         Section 6. Paragraphs (a) and (d) of subsection (1) of
  332  section 429.28, Florida Statutes, are amended to read:
  333         429.28 Resident bill of rights.—
  334         (1) No resident of a facility shall be deprived of any
  335  civil or legal rights, benefits, or privileges guaranteed by
  336  law, the Constitution of the State of Florida, or the
  337  Constitution of the United States as a resident of a facility.
  338  Every resident of a facility shall have the right to:
  339         (a) Live in a safe and decent living environment that meets
  340  the requirements of the uniform firesafety standards established
  341  under s. 633.206 and the environmental health and safety
  342  practices established under ss. 381.006, 381.0072, and 381.0098,
  343  and be free from abuse, and neglect, or exploitation as defined
  344  in s. 415.102.
  345         (d) Unrestricted private communication, including receiving
  346  and sending unopened correspondence, access to a telephone, and
  347  visiting with any person of his or her choice, at any time
  348  between the hours of 9 a.m. and 9 p.m. at a minimum. Visitors
  349  must comply with the facility’s security procedures and may not
  350  pose a health or safety risk to any residents or staff. Upon
  351  request, the facility shall make provisions to extend visiting
  352  hours for caregivers and out-of-town guests, and in other
  353  similar situations.
  354         Section 7. Section 429.41, Florida Statutes, is amended to
  355  read:
  356         429.41 Rules establishing standards.—
  357         (1) It is the intent of the Legislature that rules
  358  published and enforced pursuant to this section shall include
  359  criteria by which a reasonable and consistent quality of
  360  resident care and quality of life may be promoted ensured and
  361  the results of such resident care may be demonstrated. Such
  362  rules shall also must promote ensure a safe and sanitary
  363  environment that is residential and noninstitutional in design
  364  or nature and that allows for technological advances in the
  365  provision of care, safety, and security. It is further intended
  366  that reasonable efforts be made to accommodate the needs and
  367  preferences of residents to enhance the quality of life in a
  368  facility. Uniform firesafety standards for assisted living
  369  facilities shall be established by the State Fire Marshal
  370  pursuant to s. 633.206. The agency, in consultation with the
  371  department, may adopt rules to administer the requirements of
  372  part II of chapter 408. In order to provide safe and sanitary
  373  facilities and the highest quality of resident care
  374  accommodating the needs and preferences of residents, The
  375  department, in consultation with the agency, the Department of
  376  Children and Families, and the Department of Health, may shall
  377  adopt rules, policies, and procedures to administer this part,
  378  which must include reasonable and fair minimum standards in
  379  relation to:
  380         (a) The requirements for and maintenance and the sanitary
  381  condition of facilities, not in conflict with, or duplicative
  382  of, the requirements in chapter 381 or chapter 553 and the rules
  383  adopted thereunder, relating to furnishings for residents’
  384  bedrooms or sleeping areas, locking devices, linens, laundry
  385  services plumbing, heating, cooling, lighting, ventilation,
  386  living space, and similar physical plant standards other housing
  387  conditions, which will reasonably promote ensure the health,
  388  safety, and welfare comfort of residents suitable to the size of
  389  the structure. The rules must clearly delineate the
  390  responsibilities of the agency’s licensure and survey staff and
  391  the county health departments and ensure that inspections are
  392  not duplicative. The agency may collect fees for food service
  393  inspections conducted by the county health departments and shall
  394  transfer such fees to the Department of Health.
  395         1. Firesafety evacuation capability determination.—An
  396  evacuation capability evaluation for initial licensure shall be
  397  conducted within 6 months after the date of licensure.
  398         2. Firesafety requirements.—
  399         a. The National Fire Protection Association, Life Safety
  400  Code, NFPA 101 and 101A, current editions, shall be used in
  401  determining the uniform firesafety code adopted by the State
  402  Fire Marshal for assisted living facilities, pursuant to s.
  403  633.206.
  404         b. A local government or a utility may charge fees only in
  405  an amount not to exceed the actual expenses incurred by the
  406  local government or the utility relating to the installation and
  407  maintenance of an automatic fire sprinkler system in a licensed
  408  assisted living facility structure.
  409         c. All licensed facilities must have an annual fire
  410  inspection conducted by the local fire marshal or authority
  411  having jurisdiction.
  412         d. An assisted living facility that is issued a building
  413  permit or certificate of occupancy before July 1, 2016, may at
  414  its option and after notifying the authority having
  415  jurisdiction, remain under the provisions of the 1994 and 1995
  416  editions of the National Fire Protection Association, Life
  417  Safety Code, NFPA 101, and NFPA 101A. The facility opting to
  418  remain under such provisions may make repairs, modernizations,
  419  renovations, or additions to, or rehabilitate, the facility in
  420  compliance with NFPA 101, 1994 edition, and may utilize the
  421  alternative approaches to life safety in compliance with NFPA
  422  101A, 1995 edition. However, a facility for which a building
  423  permit or certificate of occupancy is issued before July 1,
  424  2016, that undergoes Level III building alteration or
  425  rehabilitation, as defined in the Florida Building Code, or
  426  seeks to utilize features not authorized under the 1994 or 1995
  427  editions of the Life Safety Code must thereafter comply with all
  428  aspects of the uniform firesafety standards established under s.
  429  633.206, and the Florida Fire Prevention Code, in effect for
  430  assisted living facilities as adopted by the State Fire Marshal.
  431         3. Resident elopement requirements.—Facilities are required
  432  to conduct a minimum of two resident elopement prevention and
  433  response drills per year. All administrators and direct care
  434  staff must participate in the drills which shall include a
  435  review of procedures to address resident elopement. Facilities
  436  must document the implementation of the drills and ensure that
  437  the drills are conducted in a manner consistent with the
  438  facility’s resident elopement policies and procedures.
  439         (b) The preparation and annual update of a comprehensive
  440  emergency management plan. Such standards must be included in
  441  the rules adopted by the department after consultation with the
  442  Division of Emergency Management. At a minimum, the rules must
  443  provide for plan components that address emergency evacuation
  444  transportation; adequate sheltering arrangements; postdisaster
  445  activities, including provision of emergency power, food, and
  446  water; postdisaster transportation; supplies; staffing;
  447  emergency equipment; individual identification of residents and
  448  transfer of records; communication with families; and responses
  449  to family inquiries. The comprehensive emergency management plan
  450  is subject to review and approval by the local emergency
  451  management agency. During its review, the local emergency
  452  management agency shall ensure that the following agencies, at a
  453  minimum, are given the opportunity to review the plan: the
  454  Department of Elderly Affairs, the Department of Health, the
  455  Agency for Health Care Administration, and the Division of
  456  Emergency Management. Also, appropriate volunteer organizations
  457  must be given the opportunity to review the plan. The local
  458  emergency management agency shall complete its review within 60
  459  days and either approve the plan or advise the facility of
  460  necessary revisions.
  461         (c) The number, training, and qualifications of all
  462  personnel having responsibility for the care of residents. The
  463  rules must require adequate staff to provide for the safety of
  464  all residents. Facilities licensed for 17 or more residents are
  465  required to maintain an alert staff for 24 hours per day.
  466         (d) All sanitary conditions within the facility and its
  467  surroundings which will ensure the health and comfort of
  468  residents. The rules must clearly delineate the responsibilities
  469  of the agency’s licensure and survey staff, the county health
  470  departments, and the local authority having jurisdiction over
  471  firesafety and ensure that inspections are not duplicative. The
  472  agency may collect fees for food service inspections conducted
  473  by the county health departments and transfer such fees to the
  474  Department of Health.
  475         (d)(e)Licensure requirements not in conflict with part II
  476  of chapter 408 License application and license renewal, transfer
  477  of ownership, proper management of resident funds and personal
  478  property, surety bonds, resident contracts, refund policies,
  479  financial ability to operate, and facility and staff records.
  480         (e)(f) Inspections, complaint investigations, moratoriums,
  481  classification of deficiencies, levying and enforcement of
  482  penalties, and use of income from fees and fines.
  483         (f)(g) The enforcement of the resident bill of rights
  484  specified in s. 429.28.
  485         (g)(h) The care and maintenance of residents, which must
  486  allow for technological advances in the provision of care,
  487  safety, and security, including include, but is not limited to:
  488         1. The supervision of residents;
  489         2. The provision of personal services;
  490         3. The provision of, or arrangement for, social and leisure
  491  activities;
  492         4. The provision of assistance in making arrangements
  493  arrangement for appointments and transportation to appropriate
  494  medical, dental, nursing, or mental health services, as needed
  495  by residents;
  496         5. The management of medication stored within the facility
  497  and as needed by residents;
  498         6. The dietary nutritional needs of residents;
  499         7. Resident records, including services provided by the
  500  facility; and
  501         8. Internal risk management and quality assurance.
  502         (h)(i) Facilities holding a limited nursing, extended
  503  congregate care, or limited mental health license.
  504         (i)(j) The establishment of specific criteria to define
  505  appropriateness of resident admission and continued residency in
  506  a facility holding a standard, limited nursing, extended
  507  congregate care, and limited mental health license.
  508         (j)(k) The use of physical or chemical restraints. The use
  509  of physical restraints is limited to half-bed rails and other
  510  measures as prescribed and documented by the resident’s
  511  physician with the consent of the resident or, if applicable,
  512  the resident’s representative or designee or the resident’s
  513  surrogate, guardian, or attorney in fact. The use of chemical
  514  restraints is limited to prescribed dosages of medications
  515  authorized by the resident’s physician and must be consistent
  516  with the resident’s diagnosis. Residents who are receiving
  517  medications that can serve as chemical restraints must be
  518  evaluated by their physician at least annually to assess:
  519         1. The continued need for the medication.
  520         2. The level of the medication in the resident’s blood.
  521         3. The need for adjustments in the prescription.
  522         (k)(l)Resident elopement drill requirements The
  523  establishment of specific policies and procedures on resident
  524  elopement. Facilities shall conduct a minimum of two resident
  525  elopement drills each year. All administrators and direct care
  526  staff shall participate in the drills, which must include a
  527  review of the facility’s procedures to address resident
  528  elopement. Facilities shall document the drills.
  529         (2) In adopting any rules pursuant to this part, the
  530  department, in conjunction with the agency, shall make distinct
  531  standards for facilities based upon facility size; the types of
  532  care provided; the physical and mental capabilities and needs of
  533  residents; the type, frequency, and amount of services and care
  534  offered; and the staffing characteristics of the facility. Rules
  535  developed pursuant to this section may not restrict the use of
  536  shared staffing and shared programming in facilities that are
  537  part of retirement communities that provide multiple levels of
  538  care and otherwise meet the requirements of law and rule. If a
  539  continuing care facility licensed under chapter 651 or a
  540  retirement community offering multiple levels of care licenses a
  541  building or part of a building designated for independent living
  542  for assisted living, staffing requirements established in rule
  543  apply only to residents who receive personal, limited nursing,
  544  or extended congregate care services under this part. Such
  545  facilities shall retain a log listing the names and unit number
  546  for residents receiving these services. The log must be
  547  available to surveyors upon request. Except for uniform
  548  firesafety standards, The department shall adopt by rule
  549  separate and distinct standards for facilities with 16 or fewer
  550  beds and for facilities with 17 or more beds. The standards for
  551  facilities with 16 or fewer beds must be appropriate for a
  552  noninstitutional residential environment; however, the structure
  553  may not be more than two stories in height and all persons who
  554  cannot exit the facility unassisted in an emergency must reside
  555  on the first floor. The department, in conjunction with the
  556  agency, may make other distinctions among types of facilities as
  557  necessary to enforce this part. Where appropriate, the agency
  558  shall offer alternate solutions for complying with established
  559  standards, based on distinctions made by the department and the
  560  agency relative to the physical characteristics of facilities
  561  and the types of care offered.
  562         (3) The department shall submit a copy of proposed rules to
  563  the Speaker of the House of Representatives, the President of
  564  the Senate, and appropriate committees of substance for review
  565  and comment prior to the promulgation thereof. Rules adopted
  566  promulgated by the department shall encourage the development of
  567  homelike facilities which promote the dignity, individuality,
  568  personal strengths, and decisionmaking ability of residents.
  569         (4) The agency, in consultation with the department, may
  570  waive rules promulgated pursuant to this part in order to
  571  demonstrate and evaluate innovative or cost-effective congregate
  572  care alternatives which enable individuals to age in place. Such
  573  waivers may be granted only in instances where there is
  574  reasonable assurance that the health, safety, or welfare of
  575  residents will not be endangered. To apply for a waiver, the
  576  licensee shall submit to the agency a written description of the
  577  concept to be demonstrated, including goals, objectives, and
  578  anticipated benefits; the number and types of residents who will
  579  be affected, if applicable; a brief description of how the
  580  demonstration will be evaluated; and any other information
  581  deemed appropriate by the agency. Any facility granted a waiver
  582  shall submit a report of findings to the agency and the
  583  department within 12 months. At such time, the agency may renew
  584  or revoke the waiver or pursue any regulatory or statutory
  585  changes necessary to allow other facilities to adopt the same
  586  practices. The department may by rule clarify terms and
  587  establish waiver application procedures, criteria for reviewing
  588  waiver proposals, and procedures for reporting findings, as
  589  necessary to implement this subsection.
  590         (5) The agency shall may use an abbreviated biennial
  591  standard licensure inspection that consists of a review of key
  592  quality-of-care standards in lieu of a full inspection in a
  593  facility that has a good record of past performance. However, a
  594  full inspection must be conducted in a facility that has a
  595  history of class I or class II violations, uncorrected class III
  596  violations, a long-term care ombudsman complaint referred to a
  597  regulatory agency for further action confirmed ombudsman council
  598  complaints, or confirmed licensure complaints, within the
  599  previous licensure period immediately preceding the inspection
  600  or if a potentially serious problem is identified during the
  601  abbreviated inspection. The agency, in consultation with the
  602  department, shall develop the key quality-of-care standards with
  603  input from the State Long-Term Care Ombudsman Council and
  604  representatives of provider groups for incorporation into its
  605  rules.
  606         Section 8. Section 429.435, Florida Statutes, is created to
  607  read:
  608         429.435 Uniform firesafety standards.-Pursuant to s.
  609  633.206, the State Fire Marshal shall establish uniform
  610  firesafety standards for assisted living facilities.
  611         (1)CAPABILITY DETERMINATION.—A firesafety evacuation
  612  capability determination shall be made within 6 months after the
  613  date of a facility’s initial licensure.
  614         (2)FIRESAFETY REQUIREMENTS.—
  615         (a)The National Fire Protection Association, Life Safety
  616  Code, NFPA 101 and 101A, current editions, must be used in
  617  determining the uniform firesafety code adopted by the State
  618  Fire Marshal for assisted living facilities.
  619         (b)A local government or a utility may charge fees only in
  620  an amount not to exceed the actual expenses incurred by the
  621  local government or the utility relating to the installation and
  622  maintenance of an automatic fire sprinkler system in a licensed
  623  assisted living facility structure.
  624         (c)All licensed facilities must be annually inspected by
  625  the local fire marshal or authority having jurisdiction for
  626  compliance with this section.
  627         (d)An assisted living facility that was issued a building
  628  permit or certificate of occupancy before July 1, 2016, at its
  629  option and after notifying the authority having jurisdiction,
  630  may remain under the provisions of the 1994 and 1995 editions of
  631  the National Fire Protection Association, Life Safety Code, NFPA
  632  101, and NFPA 101A. The facility opting to remain under those
  633  provisions may make repairs, modernizations, renovations, or
  634  additions to, or may rehabilitate, the facility in compliance
  635  with NFPA 101, 1994 edition, and may utilize the alternative
  636  approaches to life safety in compliance with NFPA 101A, 1995
  637  edition. However, a facility for which a building permit or
  638  certificate of occupancy is issued before July 1, 2016, which
  639  undergoes Level III building alteration or rehabilitation, as
  640  defined in the Florida Building Code, or seeks to utilize
  641  features not authorized under the 1994 or 1995 editions of the
  642  Life Safety Code must thereafter comply with all aspects of the
  643  uniform firesafety standards established under s. 633.206, and
  644  the Florida Fire Prevention Code, in effect for assisted living
  645  facilities as adopted by the State Fire Marshal.
  646         Section 9. Section 429.52, Florida Statutes, is amended to
  647  read:
  648         429.52 Staff training and educational programs; core
  649  educational requirement.—
  650         (1) Effective October 1, 2015, Each new assisted living
  651  facility employee who has not previously completed core training
  652  must attend a preservice orientation provided by the facility
  653  before interacting with residents. The preservice orientation
  654  must be at least 2 hours in duration and cover topics that help
  655  the employee provide responsible care and respond to the needs
  656  of facility residents. Upon completion, the employee and the
  657  administrator of the facility must sign a statement that the
  658  employee completed the required preservice orientation. The
  659  facility must keep the signed statement in the employee’s
  660  personnel record.
  661         (2) Administrators and other assisted living facility staff
  662  must meet minimum training and education requirements
  663  established by the Department of Elderly Affairs by rule. This
  664  training and education is intended to assist facilities to
  665  appropriately respond to the needs of residents, to maintain
  666  resident care and facility standards, and to meet licensure
  667  requirements.
  668         (3) The department shall establish core training
  669  requirements for administrators which consist of minimum core
  670  training and a competency test. The and a minimum required score
  671  for passage to indicate successful completion of the core
  672  competency test is 75 percent training and educational
  673  requirements. The competency test must be developed by the
  674  department in conjunction with the agency and providers. The
  675  required competency test training and education must cover at
  676  least the following topics:
  677         (a) State law and rules relating to assisted living
  678  facilities.
  679         (b) Resident rights and identifying and reporting abuse,
  680  neglect, and exploitation.
  681         (c) Special needs of elderly persons, persons with mental
  682  illness, and persons with developmental disabilities and how to
  683  meet those needs.
  684         (d) Nutrition and food service, including acceptable
  685  sanitation practices for preparing, storing, and serving food.
  686         (e) Medication management, recordkeeping, and proper
  687  techniques for assisting residents with self-administered
  688  medication.
  689         (f) Firesafety requirements, including fire evacuation
  690  drill procedures and other emergency procedures.
  691         (g) Care of persons with Alzheimer’s disease and related
  692  disorders.
  693         (4) A new facility administrator must complete the required
  694  core training and education, including the competency test,
  695  within 90 days after the date of employment as an administrator.
  696  Failure to do so is a violation of this part and subjects the
  697  violator to an administrative fine as prescribed in s. 429.19.
  698  Administrators licensed in accordance with part II of chapter
  699  468 are exempt from this requirement. Other licensed
  700  professionals may be exempted, as determined by the department
  701  by rule.
  702         (5) Administrators are required to participate in
  703  continuing education for a minimum of 12 contact hours every 2
  704  years.
  705         (6) Before Staff involved with the management of
  706  medications and assisting with the self-administration of
  707  medications under s. 429.256, staff must complete a minimum of 6
  708  additional hours of training provided by a registered nurse or
  709  a, licensed pharmacist, or department staff. Two hours of
  710  continuing education is required annually thereafter. The
  711  department shall establish by rule the minimum requirements of
  712  this additional training.
  713         (7) Other facility staff shall participate in in-service
  714  training relevant to their job duties as specified by rule of
  715  the department. Topics covered during the preservice orientation
  716  are not required to be repeated during in-service training. A
  717  single certificate of completion that covers all required in
  718  service training topics may be issued to a participating staff
  719  member if the training is provided in a single training session.
  720         (8) If the department or the agency determines that there
  721  are problems in a facility which that could be reduced through
  722  specific staff training or education beyond that already
  723  required under this section, the department or the agency may
  724  require, and provide, or cause to be provided, the training or
  725  education of any personal care staff in the facility.
  726         (9) The department shall adopt rules related to these
  727  training requirements, the competency test, necessary
  728  procedures, and competency test fees and shall adopt or contract
  729  with another entity to develop and administer the competency
  730  test. The department must also adopt a curriculum outline to be
  731  used by core trainers, which shall be used as the minimum core
  732  training content requirements. The department shall consult with
  733  representatives of stakeholder associations and agencies in the
  734  development of the curriculum outline.
  735         (10) The core training required by this section other than
  736  the preservice orientation must be conducted by persons
  737  registered with the department as having the requisite
  738  experience and credentials to conduct the training. A person
  739  seeking to register as a core trainer must provide the
  740  department with proof of completion of the minimum core training
  741  education requirements, successful passage of the competency
  742  test established under this section, and proof of compliance
  743  with the continuing education requirement in subsection (5).
  744         (11) A person seeking to register as a core trainer must
  745  also:
  746         (a) Provide proof of completion of a 4-year degree from an
  747  accredited college or university and must have worked in a
  748  management position in an assisted living facility for 3 years
  749  after being core certified;
  750         (b) Have worked in a management position in an assisted
  751  living facility for 5 years after being core certified and have
  752  1 year of teaching experience as an educator or staff trainer
  753  for persons who work in assisted living facilities or other
  754  long-term care settings;
  755         (c) Have been previously employed as a core trainer for the
  756  department; or
  757         (d) Meet other qualification criteria as defined in rule,
  758  which the department is authorized to adopt.
  759         (12) The department shall adopt rules to establish trainer
  760  registration requirements.
  761         Section 10. This act shall take effect July 1, 2019.