Senate Bill sb2804
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    Florida Senate - 2003                                  SB 2804
    By Senator Fasano
    11-1862-03
  1                      A bill to be entitled
  2         An act relating to administration of
  3         prescription medication; allowing certain
  4         personnel of developmental training facilities
  5         or rehabilitation workshop facilities to
  6         administer or assist consumers in the
  7         administration of prescription medication under
  8         certain conditions; amending s. 393.063, F.S.;
  9         replacing the term "developmental training
10         facility" with the term "adult day training
11         program"; providing an effective date.
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13  Be It Enacted by the Legislature of the State of Florida:
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15         Section 1.  Administration of medication by
16  developmental training facilities or rehabilitation workshop
17  facility personnel.--
18         (1)  Notwithstanding part I of chapter 464, Florida
19  Statutes, the "Nurse Practice Act," developmental training
20  facility and rehabilitation workshop facility personnel may
21  administer or assist consumers in the administration of
22  prescription medication if:
23         (a)  Each adult day training program or rehabilitation
24  workshop facility has included in its approved Medicaid waiver
25  services policies and procedures a procedure to provide
26  training to ensure the safe handling, storage, and
27  administration of medication. The training must be provided by
28  a registered nurse, a licensed practical nurse, a physician
29  licensed under chapter 458 or chapter 459, Florida Statutes,
30  or a physician assistant licensed under chapter 458 or chapter
31  459, Florida Statutes, to the adult day training program
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2804
    11-1862-03
 1  qualified personnel designated by the agency director to
 2  administer prescribed medication or assist consumers in the
 3  administration of prescribed medication, or both.
 4         (b)  The policies required under paragraph (a) have
 5  been approved by the Department of Children and Family
 6  Services and include, but are not necessarily limited to, the
 7  following provisions:
 8         1.  For each prescribed medication, the consumer or the
 9  consumer's parent or guardian must provide written consent to
10  the director of the adult day training program or
11  rehabilitation workshop facility, in addition to a copy of the
12  written prescription, including, but not limited to, the name
13  of the medication, the dosage and times to be given, the
14  reason for the administration of the medication, and the time
15  duration of the prescription. The director or the director's
16  trained designee shall administer the medication or assist the
17  consumer in the administration of the medication, or both.
18         2.  Each prescribed medication to be administered by
19  facility personnel must be received, counted, and stored in
20  its original container. When the medication is not in use, it
21  must be stored in its original container in a secure fashion
22  under lock and key in a location designated by the director.
23         (2)  There shall be no liability for civil damages as a
24  result of the administration of such medication if the person
25  who administers the medication acts as an ordinarily
26  reasonably prudent person would have acted under the same or
27  similar circumstances.
28         Section 2.  Subsection (14) of section 393.063, Florida
29  Statutes, is amended to read:
30         393.063  Definitions.--For the purposes of this
31  chapter:
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2804
    11-1862-03
 1         (14)  "Adult day training program" "Developmental
 2  training facility" means any nonresidential facility that
 3  which provides basic training and habilitation to clients.
 4         Section 3.  This act shall take effect July 1, 2003.
 5  
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 7                          SENATE SUMMARY
 8    Allows personnel employed by developmental training
      facilities or rehabilitation workshop facilities to
 9    administer or assist consumers in the administration of
      prescription medication under certain conditions. In s.
10    393.063, F.S., replaces the term "developmental training
      facility" with the term "adult day training program."
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CODING: Words stricken are deletions; words underlined are additions.