Florida Senate - 2018 SB 1788
By Senator Passidomo
28-01118B-18 20181788__
1 A bill to be entitled
2 An act relating to the Agency for Persons with
3 Disabilities; amending s. 393.18, F.S.; prohibiting
4 the agency from issuing a license to a new
5 comprehensive transitional education program after a
6 specified date; prohibiting the agency from renewing
7 the license of an existing comprehensive transitional
8 education program after a specified date; amending s.
9 393.506, F.S.; revising competency assessment and
10 validation requirements for direct service providers
11 who administer or supervise the self-administration of
12 medication; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsection (2) of section 393.18, Florida
17 Statutes, is amended to read:
18 393.18 Comprehensive transitional education program.—A
19 comprehensive transitional education program serves individuals
20 who have developmental disabilities, severe maladaptive
21 behaviors, severe maladaptive behaviors and co-occurring complex
22 medical conditions, or a dual diagnosis of developmental
23 disability and mental illness. Services provided by the program
24 must be temporary in nature and delivered in a manner designed
25 to achieve the primary goal of incorporating the principles of
26 self-determination and person-centered planning to transition
27 individuals to the most appropriate, least restrictive community
28 living option of their choice which is not operated as a
29 comprehensive transitional education program. The supervisor of
30 the clinical director of the program licensee must hold a
31 doctorate degree with a primary focus in behavior analysis from
32 an accredited university, be a certified behavior analyst
33 pursuant to s. 393.17, and have at least 1 year of experience in
34 providing behavior analysis services for individuals in
35 developmental disabilities. The staff must include behavior
36 analysts and teachers, as appropriate, who must be available to
37 provide services in each component center or unit of the
38 program. A behavior analyst must be certified pursuant to s.
39 393.17.
40 (2) Components of a comprehensive transitional education
41 program are subject to the license issued under s. 393.067 to a
42 comprehensive transitional education program and may be located
43 on a single site or multiple sites as long as such components
44 are located within the same agency region.
45
46 After July 1, 2018, the agency may not issue a license to a new
47 comprehensive transitional education program. After December 31,
48 2020, the agency may not renew the license of any existing
49 comprehensive transitional education program.
50 Section 2. Subsections (2) and (4) of section 393.506,
51 Florida Statutes, are amended, and subsections (1), (3), and (5)
52 of that section are republished, to read:
53 393.506 Administration of medication.—
54 (1) A direct service provider who is not currently licensed
55 to administer medication may supervise the self-administration
56 of medication or may administer oral, transdermal, ophthalmic,
57 otic, rectal, inhaled, enteral, or topical prescription
58 medications to a client as provided in this section.
59 (2) In order to supervise the self-administration of
60 medication or to administer medications as provided in
61 subsection (1), a direct service provider must satisfactorily
62 complete a training course of not less than 8 4 hours in
63 medication administration and be found competent to supervise
64 the self-administration of medication by a client or to
65 administer medication to a client in a safe and sanitary manner.
66 (a) Competency must be assessed and validated at least
67 annually if oral or enteral medication administration is
68 performed in the an onsite setting and must include personally
69 observing the direct service provider satisfactorily:
70 1.(a) Supervising the oral or enteral self-administration
71 of medication by a client; and
72 2.(b) Orally or enterally administering medication to a
73 client.
74
75 As a prerequisite to revalidation, a direct service provider
76 must annually and satisfactorily complete a 2-hour course in
77 medication administration and error prevention provided by the
78 agency or its designee.
79 (b) Competency must be assessed and validated during the
80 initial medication administration training course if otic,
81 transdermal, or topical medication administration is performed
82 in the onsite setting. The competency assessment must include
83 personally observing the direct service provider satisfactorily
84 simulating otic, transdermal, or topical medication
85 administration.
86 (c) Competency must be assessed and validated and need not
87 be revalidated if ophthalmic, rectal, or inhaled medication
88 administration is performed in the onsite setting. The
89 competency assessment must include the performance of
90 ophthalmic, rectal, or inhaled medication administration on an
91 actual client in the onsite setting.
92 (3) A direct service provider may supervise the self
93 administration of medication by a client or may administer
94 medication to a client only if the client, or the client’s
95 guardian or legal representative, has given his or her informed
96 consent to self-administering medication under the supervision
97 of an unlicensed direct service provider or to receiving
98 medication administered by an unlicensed direct service
99 provider. Such informed consent must be based on a description
100 of the medication routes and procedures that the direct service
101 provider is authorized to supervise or administer. Only a
102 provider who has received appropriate training and has been
103 validated as competent may supervise the self-administration of
104 medication by a client or may administer medication to a client.
105 (4) The determination of competency and annual validation
106 described required in this section shall be conducted by a
107 registered nurse licensed pursuant to chapter 464 or a physician
108 licensed pursuant to chapter 458 or chapter 459.
109 (5) The agency shall establish by rule standards and
110 procedures that a direct service provider must follow when
111 supervising the self-administration of medication by a client
112 and when administering medication to a client. Such rules must,
113 at a minimum, address requirements for labeling medication,
114 documentation and recordkeeping, the storage and disposal of
115 medication, instructions concerning the safe administration of
116 medication or supervision of self-administered medication,
117 informed-consent requirements and records, and the training
118 curriculum and validation procedures.
119 Section 3. This act shall take effect July 1, 2018.