Florida Senate - 2018 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1788
Ì847484JÎ847484
576-03269-18
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Health and Human Services)
1 A bill to be entitled
2 An act relating to medication administration; amending
3 s. 393.506, F.S.; revising training requirements for
4 direct service providers to assist with the
5 administration of or to supervise the self
6 administration of medication under certain
7 circumstances; providing requirements for the
8 competency and skills of direct service providers to
9 be validated; requiring direct service providers to
10 complete an annual inservice training course in
11 medication administration and medication error
12 prevention developed by the Agency for Persons with
13 Disabilities; providing construction; requiring the
14 validation and revalidation of competency for certain
15 medication administrations to be performed with an
16 actual client; requiring the agency to adopt specified
17 rules; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 393.506, Florida Statutes, is amended to
22 read:
23 393.506 Administration of medication.—
24 (1) A direct service provider who is not currently licensed
25 to administer medication may supervise the self-administration
26 of medication or may administer oral, transdermal, ophthalmic,
27 otic, rectal, inhaled, enteral, or topical prescription
28 medications to a client if the provider meets the requirements
29 of as provided in this section.
30 (2) In order to supervise the self-administration of
31 medication or to administer medications as provided in
32 subsection (1), a direct service provider must satisfactorily
33 complete an initial a training course conducted by an agency
34 approved trainer of not less than 6 4 hours in medication
35 administration and be found competent to supervise the self
36 administration of medication by a client and or to administer
37 medication to a client in a safe and sanitary manner. The
38 competency of the direct service provider to supervise and
39 administer otic, transdermal, and topical medication must be
40 assessed and validated using simulation during the course, and
41 need not be revalidated annually. If the direct service provider
42 has already completed an initial training course of at least 4
43 hours and has a current validation for oral or enteral routes of
44 medication administration on or before July 1, 2018, then he or
45 she is not required to complete the course. If for any reason
46 the direct service provider loses his or her validation by
47 failing to meet the annual validation requirement for oral or
48 enteral medication administration, or the annual inservice
49 training requirement in subsection (3), then the direct service
50 provider must complete the initial training course and obtain
51 all required validations before he or she may supervise the
52 self-administration of medication by a client or administer
53 medication to a client. If a direct service provider has
54 completed an initial training course of at least 4 hours, but
55 has not received validation for otic, transdermal, or topical
56 medication administration before July 1, 2018, then that direct
57 service provider must seek separate validation before
58 administering otic, transdermal, and topical medication. Those
59 validations may be performed through simulation.
60 (3) In addition to the initial training course, a direct
61 service provider must annually and satisfactorily complete a 2
62 hour agency-developed inservice training course in medication
63 administration and medication error prevention conducted by an
64 agency-approved trainer. The inservice training course will
65 count toward annual inservice training hours. This subsection
66 may not be construed to require an increase in the total number
67 of hours required for annual inservice training for direct
68 service providers.
69 (4) Competency must be validated initially and revalidated
70 annually for oral, enteral, ophthalmic, rectal, and inhaled
71 medication administration. The initial and annual validations of
72 medication administration must be performed onsite with an
73 actual client using the client’s actual medication and must
74 include the validating practitioner personally observing the
75 direct service provider satisfactorily:
76 (a) Supervising the oral, enteral, ophthalmic, rectal, or
77 inhaled self-administration of medication by a client; and
78 (b) Administering medication to a client by oral, enteral,
79 ophthalmic, rectal, or inhaled medication routes.
80 (5) Any unlicensed direct service provider who completes
81 the required initial training course and is validated in the
82 oral or enteral route of medication administration is not
83 required to retake the initial training course unless he or she
84 fails to maintain annual validation in the oral or enteral
85 route, in which case, the provider must complete again the
86 initial 6-hour training course and any additional validations
87 before he or she may supervise the self-administration of
88 medication by a client or to administer any medication to a
89 client.
90 (6) Only a direct service provider who has met the training
91 requirements of this section and who has been validated as
92 competent may administer medication to a client. In addition, a
93 direct service provider who is not currently licensed to
94 administer medication may supervise the self-administration of
95 medication by a client or may administer medication to a client
96 only if the client, or the client’s guardian or legal
97 representative, has given his or her informed written consent
98 must be assessed and validated at least annually in an onsite
99 setting and must include personally observing the direct service
100 provider satisfactorily:
101 (a) Supervising the self-administration of medication by a
102 client; and
103 (b) Administering medication to a client.
104 (3) A direct service provider may supervise the self
105 administration of medication by a client or may administer
106 medication to a client only if the client, or the client’s
107 guardian or legal representative, has given his or her informed
108 consent to self-administering medication under the supervision
109 of an unlicensed direct service provider or to receiving
110 medication administered by an unlicensed direct service
111 provider. Such informed consent must be based on a description
112 of the medication routes and procedures that the direct service
113 provider is authorized to supervise or administer. Only a
114 provider who has received appropriate training and has been
115 validated as competent may supervise the self-administration of
116 medication by a client or may administer medication to a client.
117 (7)(4) The training, determination of competency, and
118 initial and annual validations validation required in this
119 section shall be conducted by a registered nurse licensed
120 pursuant to chapter 464 or by a practical nurse licensed under
121 chapter 464. A physician licensed pursuant to chapter 458 or
122 chapter 459 may validate or revalidate competency.
123 (8)(5) The agency shall establish by rule standards and
124 procedures that a direct service provider must follow when
125 supervising the self-administration of medication by a client
126 and when administering medication to a client. Such rules must,
127 at a minimum, address qualification requirements for trainers,
128 requirements for labeling medication, documentation and
129 recordkeeping, the storage and disposal of medication,
130 instructions concerning the safe administration of medication or
131 supervision of self-administered medication, informed-consent
132 requirements and records, and the training curriculum and
133 validation procedures. The agency shall adopt rules to establish
134 methods of enforcement to ensure compliance with this section.
135 Section 2. This act shall take effect July 1, 2018.