SENATE AMENDMENT
Bill No. CS for CS for SB 1252, 1st Eng.
Amendment No. ___ Barcode 380314
CHAMBER ACTION
Senate House
.
.
1 10/AD/3R .
04/28/2003 02:50 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Argenziano moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 6, line 6, through
15 page 8, line 27, delete those lines
16
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;
1
1:58 PM 04/28/03 s1252c2c-0318j
SENATE AMENDMENT
Bill No. CS for CS for SB 1252, 1st Eng.
Amendment No. ___ Barcode 380314
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, neglect, or exploitation as defined in s.
12 415.102;
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 in writing
21 and be provided electronically, by facsimile device or
22 overnight mail delivery. The notification must include
23 information regarding the identity of the affected resident,
24 the type of adverse incident, the initiation of an
25 investigation by the facility, and whether the events causing
26 or resulting in the adverse incident represent a potential
27 risk to any other resident. The notification is confidential
28 as provided by law and is not discoverable or admissible in
29 any civil or administrative action, except in disciplinary
30 proceedings by the agency or the appropriate regulatory board.
31 The agency may investigate, as it deems appropriate, any such
2
1:58 PM 04/28/03 s1252c2c-0318j
SENATE AMENDMENT
Bill No. CS for CS for SB 1252, 1st Eng.
Amendment No. ___ Barcode 380314
1 incident and prescribe measures that must or may be taken in
2 response to the incident. The agency shall review each
3 incident and determine whether it potentially involved conduct
4 by the health care professional who is subject to disciplinary
5 action, in which case the provisions of s. 456.073 shall
6 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.
14
15
16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 On page 1, lines 28-30, delete those lines
19
20 and insert:
21 revising
22
23
24
25
26
27
28
29
30
31
3
1:58 PM 04/28/03 s1252c2c-0318j