SENATE AMENDMENT
Bill No. CS for CS for SB 1252
Amendment No. ___ Barcode 815316
CHAMBER ACTION
Senate House
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04/25/2003 05:05 PM .
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11 Senator Peaden moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 5, lines 8-22, delete those lines
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17 Section 4. Subsections (5), (7), (8), and (12) of
18 section 400.147, Florida Statutes, are amended to read:
19 400.147 Internal risk management and quality assurance
20 program.--
21 (5) For purposes of reporting to the agency under this
22 section, the term "adverse incident" means:
23 (a) An event over which facility personnel could
24 exercise control and which is associated in whole or in part
25 with the facility's intervention, rather than the condition
26 for which such intervention occurred, and which results in one
27 of the following:
28 1. Death;
29 2. Brain or spinal damage;
30 3. Permanent disfigurement;
31 4. Fracture or dislocation of bones or joints;
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SENATE AMENDMENT
Bill No. CS for CS for SB 1252
Amendment No. ___ Barcode 815316
1 5. A limitation of neurological, physical, or sensory
2 function;
3 6. Any condition that required medical attention to
4 which the resident has not given his or her informed consent,
5 including failure to honor advanced directives; or
6 7. Any condition that required the transfer of the
7 resident, within or outside the facility, to a unit providing
8 a more acute level of care due to the adverse incident, rather
9 than the resident's condition prior to the adverse incident;
10 (b) Abuse, neglect, or exploitation as defined in s.
11 415.102;
12 (c) Abuse, neglect and harm as defined in s. 39.01;
13 (d) Resident elopement; or
14 (e) An event that is reported to law enforcement for
15 investigation.
16 (7) The facility shall initiate an investigation and
17 shall notify the agency within 1 business day after the risk
18 manager or his or her designee has received a report pursuant
19 to paragraph (1)(d). The notification must be made in writing
20 and be provided electronically, by facsimile device or
21 overnight mail delivery. The notification must include
22 information regarding the identity of the affected resident,
23 the type of adverse incident, the initiation of an
24 investigation by the facility, and whether the events causing
25 or resulting in the adverse incident represent a potential
26 risk to any other resident. The notification is confidential
27 as provided by law and is not discoverable or admissible in
28 any civil or administrative action, except in disciplinary
29 proceedings by the agency or the appropriate regulatory board.
30 The agency may investigate, as it deems appropriate, any such
31 incident and prescribe measures that must or may be taken in
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SENATE AMENDMENT
Bill No. CS for CS for SB 1252
Amendment No. ___ Barcode 815316
1 response to the incident. The agency shall review each
2 incident and determine whether it potentially involved conduct
3 by the health care professional who is subject to disciplinary
4 action, in which case the provisions of s. 456.073 shall
5 apply.
6 (8)(a) Each facility shall complete the investigation
7 and submit an adverse incident report to the agency for each
8 adverse incident within 15 calendar days after its occurrence.
9 If, after a complete investigation, the risk manager
10 determines that the incident was not an adverse incident as
11 defined in subsection (5), the facility shall include this
12 information in the report. The agency shall develop a form for
13 reporting this information.
14 (b) The information reported to the agency pursuant to
15 paragraph (a) which relates to persons licensed under chapter
16 458, chapter 459, chapter 461, or chapter 466 shall be
17 reviewed by the agency. The agency shall determine whether any
18 of the incidents potentially involved conduct by a health care
19 professional who is subject to disciplinary action, in which
20 case the provisions of s. 456.073 shall apply.
21 (c) The report submitted to the agency must also
22 contain the name of the risk manager of the facility.
23 (d) The adverse incident report is confidential as
24 provided by law and is not discoverable or admissible in any
25 civil or administrative action, except in disciplinary
26 proceedings by the agency or the appropriate regulatory board.
27 (12) If the agency, through its receipt of the adverse
28 incident reports prescribed in subsection (7), or through any
29 investigation, has a reasonable belief that conduct by a staff
30 member or employee of a facility is grounds for disciplinary
31 action by the appropriate regulatory board, the agency shall
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SENATE AMENDMENT
Bill No. CS for CS for SB 1252
Amendment No. ___ Barcode 815316
1 report this fact to the regulatory board. The agency must use
2 the 15-day report to fulfill this reporting requirement. This
3 subsection does not require dual reporting nor additional, new
4 documentation and reporting by the facility to the appropriate
5 regulatory board.
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9 And the title is amended as follows:
10 On page 1, lines 25-28, delete those lines
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12 and insert:
13 actions; amending s. 400.147, F.S.; amending
14 the definition of the term "adverse incident";
15 deleting provisions requiring the facility to
16 provide notice of an investigation to the
17 Agency for Health Care Administration; revising
18 requirements for a facility's report to the
19 agency on adverse incidents; providing
20 guidelines for the agency's report to a
21 regulatory board that the agency has a
22 reasonable belief that there are grounds for
23 regulatory action; amending s. 400.211, F.S.;
24 revising
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