Senate Bill sb0112
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    Florida Senate - 2005                                   SB 112
    By Senator Constantine
    22-18-05
  1                      A bill to be entitled
  2         An act relating to hospice facilities; amending
  3         s. 553.73, F.S.; including hospice facilities
  4         within the purview of the Florida Building
  5         Code; amending s. 400.605, F.S.; deleting
  6         provisions requiring the Department of Elderly
  7         Affairs to adopt physical plant standards for
  8         hospice facilities; amending s. 400.601, F.S.;
  9         limiting the definition of the term "hospice"
10         to entities exempt from federal tax; creating
11         s. 400.6055, F.S.; requiring that construction
12         standards for hospice facilities be in
13         compliance with the Florida Building Code;
14         requiring the Agency for Health Care
15         Administration to provide technical assistance
16         to the Florida Building Commission to update
17         the Florida Building Code for hospice
18         facilities; providing an effective date.
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20  Be It Enacted by the Legislature of the State of Florida:
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22         Section 1.  Subsection (2) of section 553.73, Florida
23  Statutes, is amended to read:
24         553.73  Florida Building Code.--
25         (2)  The Florida Building Code shall contain provisions
26  or requirements for public and private buildings, structures,
27  and facilities relative to structural, mechanical, electrical,
28  plumbing, energy, and gas systems, existing buildings,
29  historical buildings, manufactured buildings, elevators,
30  coastal construction, lodging facilities, food sales and food
31  service facilities, health care facilities, including assisted
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    Florida Senate - 2005                                   SB 112
    22-18-05
 1  living facilities, adult day care facilities, hospice
 2  residential and inpatient facilities and units, and facilities
 3  for the control of radiation hazards, public or private
 4  educational facilities, swimming pools, and correctional
 5  facilities and enforcement of and compliance with such
 6  provisions or requirements. Further, the Florida Building Code
 7  must provide for uniform implementation of ss. 515.25, 515.27,
 8  and 515.29 by including standards and criteria for residential
 9  swimming pool barriers, pool covers, latching devices, door
10  and window exit alarms, and other equipment required therein,
11  which are consistent with the intent of s. 515.23. Technical
12  provisions to be contained within the Florida Building Code
13  are restricted to requirements related to the types of
14  materials used and construction methods and standards employed
15  in order to meet criteria specified in the Florida Building
16  Code. Provisions relating to the personnel, supervision or
17  training of personnel, or any other professional qualification
18  requirements relating to contractors or their workforce may
19  not be included within the Florida Building Code, and
20  subsections (4), (5), (6), and (7) are not to be construed to
21  allow the inclusion of such provisions within the Florida
22  Building Code by amendment. This restriction applies to both
23  initial development and amendment of the Florida Building
24  Code.
25         Section 2.  Subsection (1) of section 400.605, Florida
26  Statutes, is amended to read:
27         400.605  Administration; forms; fees; rules;
28  inspections; fines.--
29         (1)  The department, in consultation with the agency,
30  shall by rule establish minimum standards and procedures for a
31  hospice. The rules must include:
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    Florida Senate - 2005                                   SB 112
    22-18-05
 1         (a)  License application procedures and requirements.
 2         (b)  The qualifications of professional and ancillary
 3  personnel to ensure the provision of appropriate and adequate
 4  hospice care.
 5         (c)  Standards and procedures for the administrative
 6  management of a hospice.
 7         (d)  Standards for hospice services that ensure the
 8  provision of quality patient care.
 9         (e)  Components of a patient plan of care.
10         (f)  Procedures relating to the implementation of
11  advanced directives and do-not-resuscitate orders.
12         (g)  Procedures for maintaining and ensuring
13  confidentiality of patient records.
14         (h)  Standards for hospice care provided in
15  freestanding inpatient facilities that are not otherwise
16  licensed medical facilities and in residential care facilities
17  such as nursing homes, assisted living facilities, adult
18  family care homes, and hospice residential units and
19  facilities.
20         (i)  Physical plant standards for hospice residential
21  and inpatient facilities and units.
22         (i)(j)  Components of a comprehensive emergency
23  management plan, developed in consultation with the Department
24  of Health, the Department of Elderly Affairs, and the
25  Department of Community Affairs.
26         (j)(k)  Standards and procedures relating to the
27  establishment and activities of a quality assurance and
28  utilization review committee.
29         (k)(l)  Components and procedures relating to the
30  collection of patient demographic data and other information
31  on the provision of hospice care in this state.
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    Florida Senate - 2005                                   SB 112
    22-18-05
 1         Section 3.  Subsection (3) of section 400.601, Florida
 2  Statutes, is amended to read:
 3         400.601  Definitions.--As used in this part, the term:
 4         (3)  "Hospice" means a centrally administered
 5  corporation not for profit, as defined in chapter 617, and
 6  exempt from federal taxation under s. 501(c)(3) of the
 7  Internal Revenue Code, providing a continuum of palliative and
 8  supportive care for the terminally ill patient and his or her
 9  family.
10         Section 4.  Section 400.6055, Florida Statutes, is
11  created to read:
12         400.6055  Construction and renovation;
13  requirements.--The requirements for the construction and the
14  renovation of a hospice residential or inpatient facility or
15  unit must comply with the provisions of chapter 553 which
16  pertain to building construction standards, including
17  plumbing, electrical, glass, manufactured buildings,
18  accessibility by physically handicapped persons, and the state
19  minimum building codes. The Agency for Health Care
20  Administration shall provide technical assistance to the
21  Florida Building Commission in updating the construction
22  standards of the Florida Building Code relative to hospice
23  facilities.
24         Section 5.  This act shall take effect July 1, 2005.
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    Florida Senate - 2005                                   SB 112
    22-18-05
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 2                          SENATE SUMMARY
 3    Includes hospice facilities in the Florida Building Code.
      Deletes provisions requiring the Department of Elderly
 4    Affairs to adopt physical plant standards for hospice
      facilities. Redefines the term "hospice." Requires
 5    construction standards for hospice facilities to comply
      with the Florida Building Code. Requires the Agency for
 6    Health Care Administration to provide technical
      assistance to the Florida Building Commission to update
 7    the Florida Building Code for hospice facilities.
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