Senate Bill sb0170c2

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    Florida Senate - 2006                     CS for CS for SB 170

    By the Committees on Children and Families; Health Care; and
    Senator Baker




    586-1704-06

  1                      A bill to be entitled

  2         An act relating to administration of

  3         medication; amending s. 393.506, F.S.; deleting

  4         requirements for unlicensed staff members of

  5         direct care service facilities to administer

  6         prescribed medications to persons with

  7         developmental disabilities; authorizing direct

  8         service providers to administer medication to

  9         clients or to supervise the self-administration

10         of medication by clients; providing

11         requirements for direct service providers to

12         demonstrate competency regarding supervising

13         the self-administration of medication by

14         clients or administering medication to clients;

15         requiring the Agency for Persons with

16         Disabilities to adopt rules to establish

17         standards and procedures governing the

18         supervision of self-administered medications

19         and the administration of medications by direct

20         service providers; providing an effective date.

21  

22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  Section 393.506, Florida Statutes, is

25  amended to read:

26         393.506  Administration of medication.--

27         (1)  A Notwithstanding the provisions of part I of

28  chapter 464, the Nurse Practice Act, unlicensed direct service

29  provider who is not currently licensed to administer

30  medication care services staff providing services to persons

31  with developmental disabilities may supervise the

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    Florida Senate - 2006                     CS for CS for SB 170
    586-1704-06




 1  self-administration of medication or may administer oral,

 2  transdermal, ophthalmic, otic, rectal, inhaled, or topical

 3  prescription medications to a client as provided in this

 4  section.

 5         (2)  In order to supervise the self-administration of

 6  medication or to administer medications as provided in

 7  subsection (1), a direct service provider must satisfactorily

 8  complete a training course of not less than 4 hours in

 9  medication administration and be found competent to supervise

10  the self-administration of medication by a client or to

11  administer medication to a client in a safe and sanitary

12  manner. Competency must be assessed and validated at least

13  annually in an onsite setting and must include personally

14  observing the direct service provider satisfactorily:

15         (a)  Supervising the self-administration of medication

16  by a client; and

17         (b)  Administering medication to a client.

18         (3)  A direct service provider may supervise the

19  self-administration of medication by a client or may

20  administer medication to a client only if the client, or the

21  client's guardian or legal representative, has given his or

22  her informed consent to self-administering medication under

23  the supervision of an unlicensed direct service provider or to

24  receiving medication administered by an unlicensed direct

25  service provider. Such informed consent must be based on a

26  description of the medication routes and procedures that the

27  direct service provider is authorized to supervise or

28  administer. Only a provider who has received appropriate

29  training and has been validated as competent may supervise the

30  self-administration of medication by a client or may

31  administer medication to a client.

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    Florida Senate - 2006                     CS for CS for SB 170
    586-1704-06




 1         (a)  For day programs, as defined in s. 393.063, the

 2  director of the facility or program shall designate in writing

 3  unlicensed direct care services staff who are eligible to be

 4  trained to assist in the administration of or to administer

 5  medication.

 6         (b)  For intermediate care facilities for the

 7  developmentally disabled licensed pursuant to part XI of

 8  chapter 400, unlicensed staff designated by the director may

 9  provide medication assistance under the general supervision of

10  a registered nurse licensed pursuant to chapter 464.

11         (2)  Each facility, institution, or program must

12  include in its policies and procedures a plan for training

13  designated staff to ensure the safe handling, storage, and

14  administration of prescription medication. These policies and

15  procedures must be approved by the agency before unlicensed

16  direct care services staff assist with medication.

17         (3)  The policies and procedures must include, at a

18  minimum, the following provisions:

19         (a)  An expressed and informed consent for each client.

20         (b)  The director of the facility, program, or provider

21  must maintain a copy of the written prescription, and that

22  prescription must include the name of the medication, the

23  dosage and administration schedule, the reason for the

24  prescription, and the termination date.

25         (c)  Each prescribed medication shall be kept in its

26  original container and in a secure location.

27         (4)  The determination of competency and annual

28  validation training required in this section shall be

29  conducted by a registered nurse licensed pursuant to chapter

30  464 or a physician licensed pursuant to chapter 458 or chapter

31  459.

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    Florida Senate - 2006                     CS for CS for SB 170
    586-1704-06




 1         (5)  The agency shall establish by rule standards and

 2  procedures that a direct service provider must follow when

 3  supervising the self-administration of medication by a client

 4  and when administering medication to a client. Such rules

 5  must, at a minimum, address requirements for labeling

 6  medication, documentation and recordkeeping, the storage and

 7  disposal of medication, instructions concerning the safe

 8  administration of medication or supervision of

 9  self-administered medication, informed-consent requirements

10  and records, and the training curriculum and validation

11  procedures.

12         Section 2.  This act shall take effect upon becoming a

13  law.

14  

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                      CS for Senate Bill 170

17                                 

18  This committee substitute makes the following change:

19  Retains current statutory language which allows licensed
    physicians to provide training and authorizes them to perform
20  annual validation of competency to administer medication.

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