SENATE AMENDMENT
    Bill No. CS for CS for SB 2738
    Amendment No. ___   Barcode 560224
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Garcia moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 79, between lines 17 and 18,
15  
16  and insert:  
17         Section 58.  Section 393.506, Florida Statutes, is
18  created to read:
19         393.506  Administration of medication.--
20         (1)  Notwithstanding the provisions of part I of
21  chapter 464, the Nurse Practice Act, unlicensed direct care
22  service staff providing services to persons with developmental
23  disabilities may administer oral, transdermal, inhaled, or
24  topical prescription medications as provided in this section.
25         (a)  For day programs, as defined in s. 393.063, the
26  director of the facility or program shall designate in writing
27  unlicensed direct care services staff who are eligible to be
28  trained to assist in the administration of or to administer
29  medication.
30         (b)  For intermediate care facilities for the
31  developmentally disabled licensed pursuant to part XI of
                                  1
    7:46 PM   04/30/03                              s2738c2c-40m0a

SENATE AMENDMENT Bill No. CS for CS for SB 2738 Amendment No. ___ Barcode 560224 1 chapter 400, unlicensed staff designated by the director may 2 provide medication assistance under the general supervision of 3 a registered nurse licensed pursuant to chapter 464. 4 (2) Each facility, institution, or program must 5 include in its policies and procedures a plan for training 6 designated staff to ensure the safe handling, storage, and 7 administration of prescription medication. These policies and 8 procedures must be approved by the department before 9 unlicensed direct care services staff assist with medication. 10 (3) The policies and procedures must include, at a 11 minimum, the following provisions: 12 (a) An expressed and informed consent for each client. 13 (b) The director of the facility, program, or provider 14 must maintain a copy of the written prescription, and that 15 prescription must include the name of the medication, the 16 dosage and administration schedule, the reason for the 17 prescription, and the termination date. 18 (c) Each prescribed medication shall be kept in its 19 original container and in a secure location. 20 (4) The training required in this section shall be 21 conducted by a registered nurse or a physician licensed 22 pursuant to chapter 458 or chapter 459. 23 Section 59. Section 400.9685, Florida Statutes, is 24 created to read: 25 400.9685 Administration of medication.-- 26 (1) Notwithstanding the provisions of the Nurse 27 Practice Act, part I of chapter 464, unlicensed direct care 28 services staff who are providing services to clients in 29 Intermediate Care Facilities for the Developmentally Disabled, 30 licensed pursuant to this part, may administer prescribed, 31 prepackaged, pre-measured medications under the general 2 7:46 PM 04/30/03 s2738c2c-40m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2738 Amendment No. ___ Barcode 560224 1 supervision of a registered nurse as provided in this section 2 and applicable rules. Training required by this section and 3 applicable rules must be conducted by a registered nurse 4 licensed pursuant to chapter 464, or a physician licensed 5 pursuant to chapter 458 or chapter 459. 6 (2) Each facility that allows unlicensed direct care 7 service staff to administer medications pursuant to this 8 section must: 9 (a) Develop and implement policies and procedures that 10 include a plan to ensure the safe handling, storage, and 11 administration of prescription medication. 12 (b) Maintain written evidence of the expressed and 13 informed consent for each client. 14 (c) Maintain a copy of the written prescription 15 including the name of the medication, the dosage, and 16 administration schedule. 17 (d) Maintain documentation regarding the prescription 18 including the name, dosage, and administration schedule, 19 reason for prescription, and the termination date; and 20 (e) Maintain documentation of compliance with required 21 training. 22 (3) Agency rules shall specify the following as it 23 relates to the administration of medications by unlicensed 24 staff: 25 (a) Medications authorized and packaging required. 26 (b) Acceptable methods of administration. 27 (c) A definition of "general supervision". 28 (d) Minimum educational requirements of staff. 29 (e) Criteria of required training and competency that 30 must be demonstrated prior to the administration of 31 medications by unlicensed staff including in-service training. 3 7:46 PM 04/30/03 s2738c2c-40m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2738 Amendment No. ___ Barcode 560224 1 (f) Requirements for safe handling, storage, and 2 administration of medications. 3 4 (Redesignate subsequent sections.) 5 6 7 ================ T I T L E A M E N D M E N T =============== 8 And the title is amended as follows: 9 On page 6, line 22, after the semicolon 10 11 insert: 12 creating ss. 393.506 and 400.9685, F.S.; 13 providing for certain unlicensed staff to 14 assist persons with developmental disabilities 15 to administer certain prescription medications; 16 providing the conditions under which staff may 17 assist with medication; requiring the Agency 18 for Health Care Administration to provide for 19 specified aspects of the administration of 20 medication in rule; 21 22 23 24 25 26 27 28 29 30 31 4 7:46 PM 04/30/03 s2738c2c-40m0a