SENATE AMENDMENT
Bill No. CS for CS for SB 1252, 2nd Eng.
Amendment No. ___ Barcode 315074
CHAMBER ACTION
Senate House
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11 Senator Bennett moved the following amendment:
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13 Senate Amendment
14 On page 6, line 10, through
15 page 8, line 5, delete those lines
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17 and insert:
18 Section 4. Subsections (5), (7), and (12) of section
19 400.147, Florida Statutes are amended to read:
20 400.147 Internal risk management and quality assurance
21 program.--
22 (5) For purposes of reporting to the agency under this
23 section, the term "adverse incident" means:
24 (a) An event over which facility personnel could
25 exercise control and which is associated in whole or in part
26 with the facility's intervention, rather than the condition
27 for which such intervention occurred, and which results in one
28 of the following:
29 1. Death;
30 2. Brain or spinal damage;
31 3. Permanent disfigurement;
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7:21 PM 04/28/03 s1252c2b-21e0f
SENATE AMENDMENT
Bill No. CS for CS for SB 1252, 2nd Eng.
Amendment No. ___ Barcode 315074
1 4. Fracture or dislocation of bones or joints;
2 5. A limitation of neurological, physical, or sensory
3 function;
4 6. Any condition that required medical attention to
5 which the resident has not given his or her informed consent,
6 including failure to honor advanced directives; or
7 7. Any condition that required the transfer of the
8 resident, within or outside the facility, to a unit providing
9 a more acute level of care due to the adverse incident, rather
10 than the resident's condition prior to the adverse incident;
11 (b) Abuse, sexual abuse, neglect, or exploitation as
12 defined in s. 415.102;
13 (c) Abuse, neglect and harm as defined in s. 39.01;
14 (d) Resident elopement; or
15 (e) An event that is reported to law enforcement for
16 investigation.
17 (7) The facility shall initiate an investigation and
18 shall notify the agency within 1 business day after the risk
19 manager or his or her designee has received a report pursuant
20 to paragraph (1)(d). The notification must be made either in
21 writing or orally and be provided by telephone,
22 electronically, by facsimile device or overnight mail
23 delivery. The notification must include information regarding
24 the identity of the affected resident, the type of adverse
25 incident, the initiation of an investigation by the facility,
26 and whether the events causing or resulting in the adverse
27 incident represent a potential risk to any other resident. The
28 notification is confidential as provided by law and is not
29 discoverable or admissible in any civil or administrative
30 action, except in disciplinary proceedings by the agency or
31 the appropriate regulatory board. The agency may investigate,
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7:21 PM 04/28/03 s1252c2b-21e0f
SENATE AMENDMENT
Bill No. CS for CS for SB 1252, 2nd Eng.
Amendment No. ___ Barcode 315074
1 as it deems appropriate, any such incident and prescribe
2 measures that must or may be taken in response to the
3 incident. The agency shall review each incident and determine
4 whether it potentially involved conduct by the health care
5 professional who is subject to disciplinary action, in which
6 case the provisions of s. 456.073 shall apply.
7 (12) If the agency, through its receipt of the adverse
8 incident reports prescribed in subsection (7), or prescribed
9 in subsection (8), or through any investigation, has a
10 reasonable belief that conduct by a staff member or employee
11 of a facility is grounds for disciplinary action by the
12 appropriate regulatory board, the agency shall report this
13 fact to the regulatory board. The agency must use either the
14 1-day or the 15-day report to fulfill this reporting
15 requirement. This subsection does not require dual reporting
16 nor additional, new documentation and reporting by the
17 facility to the appropriate regulatory board.
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