Florida Senate - 2020                                     SB 784
       By Senator Baxley
       12-00456A-20                                           2020784__
    1                        A bill to be entitled                      
    2         An act relating to assisted living facilities;
    3         amending s. 429.02, F.S.; conforming a provision to
    4         changes made by the act; defining the terms
    5         “medication technician” and “point-of-care devices”;
    6         amending s. 429.26, F.S.; providing that the owner or
    7         administrator of a facility is responsible for
    8         arranging medical evaluations and reevaluations of
    9         individuals admitted to or residing in the facility to
   10         assess the appropriateness of admission or continued
   11         residence; requiring such evaluations and
   12         reevaluations to be based on a medical examination
   13         report that was conducted by a licensed physician, a
   14         licensed physician assistant, or a licensed nurse
   15         practitioner within a specified timeframe; requiring
   16         the medical examination report to be recorded as
   17         required by Agency for Health Care Administration
   18         rule; requiring the owner or administrator of a
   19         facility to ensure all relevant information requested
   20         is provided on a medical examination report; providing
   21         immunity from liability for facility owners and
   22         administrators in certain circumstances; amending s.
   23         429.29, F.S.; making the results of certain agency
   24         surveys inadmissible in certain civil proceedings,
   25         with exceptions; amending s. 429.52, F.S.; providing
   26         for minimum requirements and specifications for
   27         training of medication technicians; requiring the
   28         agency to authorize online materials and courses to be
   29         used for such training; providing for examination and
   30         certification of medication technicians after they
   31         complete an online training course; requiring the
   32         agency to post approved courses and certified trainers
   33         on its website; requiring the agency to maintain and
   34         update a list of approved point-of-care devices;
   35         requiring the agency to establish training
   36         requirements for staff and supervision of residents’
   37         use of point-of-care devices in a licensed facility;
   38         providing an effective date.
   40  Be It Enacted by the Legislature of the State of Florida:
   42         Section 1. Present subsections (15) through (18) of section
   43  429.02, Florida Statutes, are redesignated as subsections (16)
   44  through (19), respectively, present subsections (19) through
   45  (27) are redesignated as subsections (21) through (29),
   46  respectively, subsection (11) is amended, and new subsections
   47  (15) and (20) are added to that section, to read:
   48         429.02 Definitions.—When used in this part, the term:
   49         (11) “Extended congregate care” means acts beyond those
   50  authorized in subsection (18) which (17) that may be performed
   51  pursuant to part I of chapter 464 by persons licensed thereunder
   52  while carrying out their professional duties, and other
   53  supportive services that which may be specified by rule. The
   54  purpose of such services is to enable residents to age in place
   55  in a residential environment despite mental or physical
   56  limitations that might otherwise disqualify them from residency
   57  in a facility licensed under this part.
   58         (15) “Medication technician” means an unlicensed staff
   59  member who has completed 6 hours of training approved by the
   60  agency and provided by an agency-certified trainer. A medication
   61  technician may provide assistance with a resident’s self
   62  administration of medications and with point-of-care devices.
   63         (20) “Point-of-care devices” means testing equipment
   64  designed and approved to be used by the resident with assistance
   65  and supervision from trained staff to help gather, collect, and
   66  record information regarding the resident’s condition.
   67         Section 2. Subsections (1) and (4) of section 429.26,
   68  Florida Statutes, are amended to read:
   69         429.26 Appropriateness of placements; examinations of
   70  residents.—
   71         (1) The owner or administrator of a facility is responsible
   72  for arranging a medical evaluation to determine determining the
   73  appropriateness of admission of an individual to the facility
   74  and for arranging a medical reevaluation at least annually, or
   75  whenever a significant change in the individual’s condition is
   76  observed and reported to the administrator, to determine
   77  determining the continued appropriateness of an individual’s
   78  continued residence of an individual in the facility. A
   79  determination must shall be based upon an assessment of the
   80  strengths, needs, and preferences of the resident, the care and
   81  services offered or arranged for by the facility in accordance
   82  with facility policy, and any limitations in law or rule related
   83  to admission criteria or continued residency for the type of
   84  license held by the facility under this part. The owner or
   85  administrator shall base his or her determination of the
   86  appropriateness of the initial and continued placement of an
   87  individual in a facility on a medical examination report that
   88  was completed within 60 days before admission by a licensed
   89  physician, a licensed physician assistant, or a licensed nurse
   90  practitioner. A resident may not be moved from one facility to
   91  another without consultation with and agreement from the
   92  resident or, if applicable, the resident’s representative or
   93  designee or the resident’s family, guardian, surrogate, or
   94  attorney in fact. In the case of a resident who has been placed
   95  by the department or the Department of Children and Families,
   96  the administrator must notify the appropriate contact person in
   97  the applicable department.
   98         (4) If possible, Each resident shall have been examined by
   99  a licensed physician, a licensed physician assistant, or a
  100  licensed nurse practitioner within 60 days before admission to
  101  the facility. The signed and completed medical examination
  102  report, which must be recorded as required by agency rule, must
  103  shall be submitted to the owner or administrator of the
  104  facility, who shall use the information provided contained
  105  therein to assist in the determination of the appropriateness of
  106  the resident’s admission and continued stay in the facility. The
  107  owner or administrator shall ensure that all relevant
  108  information required is included in the medical examination
  109  report. An owner or administrator who obtains the medical
  110  examination report and verifies its completeness is not
  111  personally liable in any administrative, civil, or criminal
  112  action for any error in determining whether an individual is
  113  appropriate for admission or continued residency. The medical
  114  examination report becomes shall become a permanent part of the
  115  permanent record of the resident at the facility and must shall
  116  be made available to the agency during inspection or upon
  117  request. An assessment that has been completed through the
  118  Comprehensive Assessment and Review for Long-Term Care Services
  119  (CARES) Program fulfills the requirements for a medical
  120  examination under this subsection and s. 429.07(3)(b)6.
  121         Section 3. Subsection (8) is added to section 429.29,
  122  Florida Statutes, to read:
  123         429.29 Civil actions to enforce rights.—
  124         (8) In any claim brought pursuant to this section, the
  125  results of an agency survey conducted pursuant to this chapter
  126  are not admissible as evidence in the proceedings unless:
  127         (a)A deficiency identified by the agency led to or caused
  128  harm to a resident who is the subject of the claim; or
  129         (b)A licensee is using the absence of a deficiency finding
  130  by the agency to refute an allegation of neglect or
  131  noncompliance with regulatory standards.
  132         Section 4. Subsection (6) of section 429.52, Florida
  133  Statutes, is amended to read:
  134         429.52 Staff training and educational programs; core
  135  educational requirement.—
  136         (6) Medication technicians Staff involved with the
  137  management of medications and assisting with the self
  138  administration of medications under s. 429.256 must complete a
  139  minimum of 6 additional hours of training provided by a
  140  registered nurse, a licensed pharmacist, or agency staff. The
  141  agency shall establish by rule the minimum requirements of
  142  medication technician this additional training, which shall
  143  address infection control, safe handling and use of point-of
  144  care devices, communicating with case managers and health care
  145  providers, and methods of assisting residents with the self
  146  administration of medications. The agency shall authorize
  147  approved training for medication technicians to be conducted
  148  using online materials and courses approved by the agency. An
  149  online training course must conclude with the trainee taking an
  150  end-of-course exam. The course must provide a certificate with a
  151  passing exam score on the document and provide a unique
  152  certification number for the trainee. The agency shall post on
  153  its website approved courses and certified trainers approved to
  154  offer medication technician training. The agency shall maintain
  155  a list of approved point-of-care devices which is updated as new
  156  technologies make additional devices available. The agency shall
  157  establish requirements for training staff and supervising
  158  residents’ use of point-of-care devices in a licensed facility.
  159         Section 5. This act shall take effect July 1, 2020.