Senate Bill sb0364c1
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    Florida Senate - 2002                            CS for SB 364
    By the Committee on Children and Families; and Senator Peaden
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  1                      A bill to be entitled
  2         An act relating to persons with developmental
  3         disabilities; amending s. 393.063, F.S.;
  4         redefining the term "retardation" to revise
  5         certain requirements for the standardized
  6         intelligence test used to make such
  7         determination; requiring that the Department of
  8         Children and Family Services adopt a rule for
  9         supported-living programs; amending s. 393.501,
10         F.S.; requiring the Department of Children and
11         Family Services to adopt rules for
12         administering certain waivers and delivering
13         services to persons who have developmental
14         disabilities; amending s. 765.401, F.S.;
15         providing for health care decisions for persons
16         having a developmental disability; providing an
17         effective date.
18
19  Be It Enacted by the Legislature of the State of Florida:
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21         Section 1.  Subsections (42) and (50) of section
22  393.063, Florida Statutes, are amended to read:
23         393.063  Definitions.--For the purposes of this
24  chapter:
25         (42)  "Retardation" means significantly subaverage
26  general intellectual functioning existing concurrently with
27  deficits in adaptive behavior and manifested during the period
28  from conception to age 18. "Significantly subaverage general
29  intellectual functioning," for the purpose of this definition,
30  means performance that which is two or more standard
31  deviations from the mean score on a standardized intelligence
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    Florida Senate - 2002                            CS for SB 364
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  1  test administered by a person authorized to administer such a
  2  test under chapter 490 specified in the rules of the
  3  department. "Adaptive behavior," for the purpose of this
  4  definition, means the effectiveness or degree with which an
  5  individual meets the standards of personal independence and
  6  social responsibility expected of his or her age, cultural
  7  group, and community.
  8         (50)  "Supported living" means a category of
  9  individually determined services designed and coordinated in
10  such a manner as to provide assistance to adult clients who
11  require ongoing supports to live as independently as possible
12  in their own homes, to be integrated into the community, and
13  to participate in community life to the fullest extent
14  possible. The department shall adopt rules that specify the
15  number of persons having a developmental disability who may
16  live together in a single housing unit in a supported-living
17  program.
18         Section 2.  Section 393.501, Florida Statutes, is
19  amended to read:
20         393.501  Rulemaking.--
21         (1)  The department shall adopt rules to administer
22  carry out the provisions of this chapter. The rules must
23  include:
24         (1)  Provisions for administering waivers authorized
25  under s. 409.906 for developmental services and home and
26  community-based services, including eligibility criteria for
27  providers and recipients; criteria and procedures for
28  enrollment and termination; qualifications for providing and
29  receiving services; criteria for authorizing and using
30  services; and standards for the quality and delivery of
31  services.
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    Florida Senate - 2002                            CS for SB 364
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  1         (2)  Standards and procedures for coordinating support
  2  services, including criteria for applications and for
  3  determining eligibility for services for developmental
  4  disabilities, procedures for support planning, the
  5  responsibilities of support coordinators, and standards for
  6  the quality and delivery of services.
  7         (3)  Provisions for establishing a supported living
  8  program, including definitions of terms; standards governing
  9  eligibility for services, selection of housing, selection of
10  providers by participants, and planning for services; and
11  requirements for ongoing monitoring.
12         (4)(2)  Requirements for Such rules shall address the
13  number of facilities on a single parcel or adjacent parcels of
14  land, and, in addition, for ICF/MR, the rate and location of
15  facility development and level of care for intermediate care
16  facilities for the developmentally disabled.
17         Section 3.  Subsections (1) and (3) of section 765.401,
18  Florida Statutes, are amended to read:
19         765.401  The proxy.--
20         (1)  If the patient has not executed an advance
21  directive, or designated a surrogate to execute an advance
22  directive, if or the designated or alternate surrogate is no
23  longer available to make health care decisions, or if a
24  guardian advocate has not been appointed for a person having a
25  developmental disability as defined under s. 393.063(12),
26  health care decisions may be made for the patient by any of
27  the following individuals, in the following order of priority,
28  if no individual in a prior class is reasonably available,
29  willing, or competent to act:
30         (a)  The judicially appointed guardian of the patient,
31  who has been authorized to consent to medical treatment, if
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    Florida Senate - 2002                            CS for SB 364
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  1  such guardian has previously been appointed; however, this
  2  paragraph shall not be construed to require such appointment
  3  before a treatment decision can be made under this subsection;
  4         (b)  The patient's spouse;
  5         (c)  An adult child of the patient, or if the patient
  6  has more than one adult child, a majority of the adult
  7  children who are reasonably available for consultation;
  8         (d)  A parent of the patient;
  9         (e)  The adult sibling of the patient or, if the
10  patient has more than one sibling, a majority of the adult
11  siblings who are reasonably available for consultation;
12         (f)  An adult relative of the patient who has exhibited
13  special care and concern for the patient and who has
14  maintained regular contact with the patient and who is
15  familiar with the patient's activities, health, and religious
16  or moral beliefs; or
17         (g)  A close friend of the patient.
18         (3)  Before exercising the incapacitated patient's
19  rights to select or decline health care, the proxy must comply
20  with the provisions of ss. 765.205 and 765.305, except that a
21  proxy's decision to withhold or withdraw life-prolonging
22  procedures must be supported by clear and convincing evidence
23  that the decision would have been the one the patient would
24  have chosen had the patient been competent or, if there is no
25  indication of what the patient would have chosen, that the
26  decision is in the patient's best interest. Before exercising
27  the rights of a person who has a developmental disability as
28  defined under s. 393.063(12) to withhold or withdraw
29  life-prolonging procedures, a proxy must comply with s.
30  393.12.
31         Section 4.  This act shall take effect July 1, 2002.
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    Florida Senate - 2002                            CS for SB 364
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 364
  3
  4  Removes all provisions for modifying the certification program
    for behavior analysts serving persons who are developmentally
  5  disabled.
  6  Requires that the Department of Children and Family Services
    adopt a rule that will specify the number of persons having a
  7  developmental disability who may live together in a single
    housing unit under a supported living program.
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    Specifies a procedure in s. 765.401, F.S., for a person with a
  9  developmental disability to receive medical care when no
    guardian advocate has been appointed.
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