SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 1680
    Amendment No. ___   Barcode 692332
                            CHAMBER ACTION
              Senate                               House
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       04/23/2004 03:59 PM         .                    
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11  Senator Saunders moved the following amendment:
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13         Senate Amendment 
14         On page 224, line 27, through
15            page 228, line 30, delete those lines
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17  and insert:  
18         (c)  A nurse registry shall, at the time of contracting
19  for services through the nurse registry, advise the patient,
20  the patient's family, or a person acting on behalf of the
21  patient of the availability of registered nurses to make
22  visits to the patient's home at an additional cost. A
23  registered nurse shall make monthly visits to the patient's
24  home to assess the patient's condition and quality of care
25  being provided by the certified nursing assistant or home
26  health aide.  Any condition that which in the professional
27  judgment of the nurse requires further medical attention shall
28  be reported to the attending physician and the nurse registry.
29  The assessment shall become a part of the patient's file with
30  the nurse registry and may be reviewed by the agency during
31  their survey procedure.
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    6:09 PM   04/22/04                              s1680c3b-37j03

SENATE AMENDMENT Bill No. CS for CS for CS for SB 1680 Amendment No. ___ Barcode 692332 1 (6)(11) A person who is referred by a nurse registry 2 for contract in private residences and who is not a nurse 3 licensed under part I of chapter 464 may perform only those 4 services or care to clients that the person has been certified 5 to perform or trained to perform as required by law or rules 6 of the Agency for Health Care Administration or the Department 7 of Business and Professional Regulation. Providing services 8 beyond the scope authorized under this subsection constitutes 9 the unauthorized practice of medicine or a violation of the 10 Nurse Practice Act and is punishable as provided under chapter 11 458, chapter 459, or part I of chapter 464. 12 (7)(12) Each nurse registry must require every 13 applicant for contract to complete an application form 14 providing the following information: 15 (a) The name, address, date of birth, and social 16 security number of the applicant. 17 (b) The educational background and employment history 18 of the applicant. 19 (c) The number and date of the applicable license or 20 certification. 21 (d) When appropriate, information concerning the 22 renewal of the applicable license, registration, or 23 certification. 24 (8)(13) Each nurse registry must comply with the 25 procedures set forth in s. 400.512 for maintaining records of 26 the employment history of all persons referred for contract 27 and is subject to the standards and conditions set forth in 28 that section. However, an initial screening may not be 29 required for persons who have been continuously registered 30 with the nurse registry since September 30, 1990. 31 (9)(14) The nurse registry must maintain the 2 6:09 PM 04/22/04 s1680c3b-37j03
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1680 Amendment No. ___ Barcode 692332 1 application on file, and that file must be open to the 2 inspection of the Agency for Health Care Administration. The 3 nurse registry must maintain on file the name and address of 4 the client to whom the nurse or other nurse registry personnel 5 is sent for contract and the amount of the fee received by the 6 nurse registry. A nurse registry must maintain the file that 7 includes the application and other applicable documentation 8 for 3 years after the date of the last file entry of 9 client-related information. 10 (10)(15) Nurse registries shall assist persons who 11 would need assistance and sheltering during evacuations 12 because of physical, mental, or sensory disabilities in 13 registering with the appropriate local emergency management 14 agency pursuant to s. 252.355. 15 (11)(16) Each nurse registry shall prepare and 16 maintain a comprehensive emergency management plan that is 17 consistent with the criteria in this subsection and with the 18 local special needs plan. The plan shall be updated annually. 19 The plan shall specify how the nurse registry shall facilitate 20 the provision of continuous care by persons referred for 21 contract to persons who are registered pursuant to s. 252.355 22 during an emergency that interrupts the provision of care or 23 services in private residencies. 24 (a) All persons referred for contract who care for 25 persons registered pursuant to s. 252.355 must include in the 26 patient record a description of how care will be continued 27 during a disaster or emergency that interrupts the provision 28 of care in the patient's home. It shall be the responsibility 29 of the person referred for contract to ensure that continuous 30 care is provided. 31 (b) Each nurse registry shall maintain a current 3 6:09 PM 04/22/04 s1680c3b-37j03
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1680 Amendment No. ___ Barcode 692332 1 prioritized list of patients in private residences who are 2 registered pursuant to s. 252.355 and are under the care of 3 persons referred for contract and who need continued services 4 during an emergency. This list shall indicate, for each 5 patient, if the client is to be transported to a special needs 6 shelter and if the patient is receiving skilled nursing 7 services. Nurse registries shall make this list available to 8 county health departments and to local emergency management 9 agencies upon request. 10 (c) Each person referred for contract who is caring 11 for a patient who is registered pursuant to s. 252.355 shall 12 provide a list of the patient's medication and equipment needs 13 to the nurse registry. Each person referred for contract shall 14 make this information available to county health departments 15 and to local emergency management agencies upon request. 16 (d) Each person referred for contract shall not be 17 required to continue to provide care to patients in emergency 18 situations that are beyond the person's control and that make 19 it impossible to provide services, such as when roads are 20 impassable or when patients do not go to the location 21 specified in their patient records. 22 (e) The comprehensive emergency management plan 23 required by this subsection is subject to review and approval 24 by the county health department. During its review, the county 25 health department shall ensure that, at a minimum, the local 26 emergency management agency, the Agency for Health Care 27 Administration, and the local chapter of the American Red 28 Cross or other lead sheltering agency are given the 29 opportunity to review the plan. The county health department 30 shall complete its review within 60 days after receipt of the 31 plan and shall either approve the plan or advise the nurse 4 6:09 PM 04/22/04 s1680c3b-37j03
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1680 Amendment No. ___ Barcode 692332 1 registry of necessary revisions. 2 (f) The Agency for Health Care Administration shall 3 adopt rules establishing minimum criteria for the 4 comprehensive emergency management plan and plan updates 5 required by this subsection, with the concurrence of the 6 Department of Health and in consultation with the Department 7 of Community Affairs. 8 (12)(17) All persons referred for contract in private 9 residences by a nurse registry must comply with the following 10 requirements for a plan of treatment: 11 (a) When, in accordance with the privileges and 12 restrictions imposed upon a nurse under part I of chapter 464, 13 the delivery of care to a patient is under the direction or 14 supervision of a physician or when a physician is responsible 15 for the medical care of the patient, a medical plan of 16 treatment must be established for each patient receiving care 17 or treatment provided by a licensed nurse in the home. The 18 original medical plan of treatment must be timely signed by 19 the physician, physician's assistant, or advanced registered 20 nurse practitioner, acting within his or her respective scope 21 of practice, and reviewed by him or her in consultation with 22 the licensed nurse at least every 2 months. Any additional 23 order or change in orders must be obtained from the physician, 24 physician's assistant, or advanced registered nurse 25 practitioner and reduced to writing and timely signed by the 26 physician, physician's assistant, or advanced registered nurse 27 practitioner. The delivery of care under a medical plan of 28 treatment must be substantiated by the appropriate nursing 29 notes or documentation made by the nurse in compliance with 30 nursing practices established under part I of chapter 464. 31 5 6:09 PM 04/22/04 s1680c3b-37j03