| 1 | A bill to be entitled |
| 2 | An act relating to protection of elders; amending s. |
| 3 | 400.022, F.S.; permitting residents of nursing homes to |
| 4 | have video surveillance devices installed in their rooms; |
| 5 | amending s. 429.41, F.S.; requiring the Department of |
| 6 | Elderly Affairs, in consultation with the Agency for |
| 7 | Health Care Administration, the Department of Children and |
| 8 | Family Services, and the Department of Health, to adopt |
| 9 | rules, policies, and procedures that include standards |
| 10 | regarding standardized transfer forms for certain medical |
| 11 | records; amending s. 429.52, F.S.; requiring the |
| 12 | Department of Elderly Affairs to offer certain assisted |
| 13 | living facility staff competency tests in additional |
| 14 | languages; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Paragraph (w) is added to subsection (1) of |
| 19 | section 400.022, Florida Statutes, to read: |
| 20 | 400.022 Residents' rights.-- |
| 21 | (1) All licensees of nursing home facilities shall adopt |
| 22 | and make public a statement of the rights and responsibilities |
| 23 | of the residents of such facilities and shall treat such |
| 24 | residents in accordance with the provisions of that statement. |
| 25 | The statement shall assure each resident the following: |
| 26 | (w) The right to have a video surveillance device |
| 27 | installed in his or her room. |
| 28 | Section 2. Paragraph (h) of subsection (1) of section |
| 29 | 429.41, Florida Statutes, is amended to read: |
| 30 | 429.41 Rules establishing standards.-- |
| 31 | (1) It is the intent of the Legislature that rules |
| 32 | published and enforced pursuant to this section shall include |
| 33 | criteria by which a reasonable and consistent quality of |
| 34 | resident care and quality of life may be ensured and the results |
| 35 | of such resident care may be demonstrated. Such rules shall also |
| 36 | ensure a safe and sanitary environment that is residential and |
| 37 | noninstitutional in design or nature. It is further intended |
| 38 | that reasonable efforts be made to accommodate the needs and |
| 39 | preferences of residents to enhance the quality of life in a |
| 40 | facility. The agency, in consultation with the department, may |
| 41 | adopt rules to administer the requirements of part II of chapter |
| 42 | 408. In order to provide safe and sanitary facilities and the |
| 43 | highest quality of resident care accommodating the needs and |
| 44 | preferences of residents, the department, in consultation with |
| 45 | the agency, the Department of Children and Family Services, and |
| 46 | the Department of Health, shall adopt rules, policies, and |
| 47 | procedures to administer this part, which must include |
| 48 | reasonable and fair minimum standards in relation to: |
| 49 | (h) The care and maintenance of residents, which must |
| 50 | include, but is not limited to: |
| 51 | 1. The supervision of residents; |
| 52 | 2. The provision of personal services; |
| 53 | 3. The provision of, or arrangement for, social and |
| 54 | leisure activities; |
| 55 | 4. The arrangement for appointments and transportation to |
| 56 | appropriate medical, dental, nursing, or mental health services, |
| 57 | as needed by residents; |
| 58 | 5. The management of medication; |
| 59 | 6. The nutritional needs of residents; |
| 60 | 7. Resident records, including standardized transfer forms |
| 61 | containing vital medical information concerning the resident |
| 62 | that is available to emergency responders 24 hours per day; and |
| 63 | 8. Internal risk management and quality assurance. |
| 64 | Section 3. Subsection (2) of section 429.52, Florida |
| 65 | Statutes, is amended to read: |
| 66 | 429.52 Staff training and educational programs; core |
| 67 | educational requirement.-- |
| 68 | (2) The department shall establish a competency test and a |
| 69 | minimum required score to indicate successful completion of the |
| 70 | training and educational requirements. The competency test must |
| 71 | be developed by the department in conjunction with the agency |
| 72 | and providers and must be offered in English, Spanish, and |
| 73 | Creole. The required training and education must cover at least |
| 74 | the following topics: |
| 75 | (a) State law and rules relating to assisted living |
| 76 | facilities. |
| 77 | (b) Resident rights and identifying and reporting abuse, |
| 78 | neglect, and exploitation. |
| 79 | (c) Special needs of elderly persons, persons with mental |
| 80 | illness, and persons with developmental disabilities and how to |
| 81 | meet those needs. |
| 82 | (d) Nutrition and food service, including acceptable |
| 83 | sanitation practices for preparing, storing, and serving food. |
| 84 | (e) Medication management, recordkeeping, and proper |
| 85 | techniques for assisting residents with self-administered |
| 86 | medication. |
| 87 | (f) Firesafety requirements, including fire evacuation |
| 88 | drill procedures and other emergency procedures. |
| 89 | (g) Care of persons with Alzheimer's disease and related |
| 90 | disorders. |
| 91 | Section 4. This act shall take effect July 1, 2009. |