Florida Senate - 2022                                     SB 700
       
       
        
       By Senator Burgess
       
       
       
       
       
       20-00482A-22                                           2022700__
    1                        A bill to be entitled                      
    2         An act relating to the delegation of medication
    3         administration; amending s. 400.506, F.S.; requiring
    4         licensed nurse registries to ensure specified
    5         requirements are met if they allow registered nurses
    6         to delegate certain tasks to certified nursing
    7         assistants or home health aides; amending s. 464.0156,
    8         F.S.; authorizing registered nurses to delegate to
    9         certified nursing assistants and home health aides the
   10         administration of certain medications to nurse
   11         registry patients under certain circumstances;
   12         amending s. 464.2035, F.S.; authorizing certified
   13         nursing assistants to administer certain medication to
   14         nurse registry patients under certain circumstances;
   15         conforming a provision to changes made by the act;
   16         providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (7) of section 400.506, Florida
   21  Statutes, is amended to read:
   22         400.506 Licensure of nurse registries; requirements;
   23  penalties.—
   24         (7) A person who is referred by a nurse registry for
   25  contract in private residences and who is not a nurse licensed
   26  under part I of chapter 464 may perform only those services or
   27  care to clients that the person has been certified to perform or
   28  trained to perform as required by law or rules of the Agency for
   29  Health Care Administration or the Department of Business and
   30  Professional Regulation. Providing services beyond the scope
   31  authorized under this subsection constitutes the unauthorized
   32  practice of medicine or a violation of the Nurse Practice Act
   33  and is punishable as provided under chapter 458, chapter 459, or
   34  part I of chapter 464. If a licensed nurse registry authorizes a
   35  registered nurse to delegate tasks, including medication
   36  administration, to a certified nursing assistant pursuant to
   37  chapter 464 or to a home health aide pursuant to s. 400.490, the
   38  licensed nurse registry must ensure that such delegation meets
   39  the requirements of this chapter and chapter 464 and the rules
   40  adopted thereunder.
   41         Section 2. Subsection (2) of section 464.0156, Florida
   42  Statutes, is amended to read:
   43         464.0156 Delegation of duties.—
   44         (2) A registered nurse may delegate to a certified nursing
   45  assistant or a home health aide the administration of oral,
   46  transdermal, ophthalmic, otic, rectal, inhaled, enteral, or
   47  topical prescription medications to a patient of a home health
   48  agency or nurse registry, if the certified nursing assistant or
   49  home health aide meets the requirements of s. 464.2035 or s.
   50  400.489, respectively. A registered nurse may not delegate the
   51  administration of any controlled substance listed in Schedule
   52  II, Schedule III, or Schedule IV of s. 893.03 or 21 U.S.C. s.
   53  812.
   54         Section 3. Subsections (1) and (3) of section 464.2035,
   55  Florida Statutes, are amended to read:
   56         464.2035 Administration of medication.—
   57         (1) A certified nursing assistant may administer oral,
   58  transdermal, ophthalmic, otic, rectal, inhaled, enteral, or
   59  topical prescription medication to a patient of a home health
   60  agency or nurse registry if the certified nursing assistant has
   61  been delegated such task by a registered nurse licensed under
   62  part I of this chapter, has satisfactorily completed an initial
   63  6-hour training course approved by the board, and has been found
   64  competent to administer medication to a patient in a safe and
   65  sanitary manner. The training, determination of competency, and
   66  initial and annual validation required under this section must
   67  be conducted by a registered nurse licensed under this chapter
   68  or a physician licensed under chapter 458 or chapter 459.
   69         (3) The board, in consultation with the Agency for Health
   70  Care Administration, shall establish by rule standards and
   71  procedures that a certified nursing assistant must follow when
   72  administering medication to a patient of a home health agency or
   73  nurse registry. Such rules must, at a minimum, address
   74  qualification requirements for trainers, requirements for
   75  labeling medication, documentation and recordkeeping, the
   76  storage and disposal of medication, instructions concerning the
   77  safe administration of medication, informed-consent requirements
   78  and records, and the training curriculum and validation
   79  procedures.
   80         Section 4. This act shall take effect July 1, 2022.