The Florida Senate

400.509  Registration of particular service providers exempt from licensure; certificate of registration; regulation of registrants.--

(1)  Any person that provides domestic maid services, sitter services, companion services, or homemaker services and does not provide a home health service to a person is exempt from licensure under this part. However, any person that provides sitter services for adults, companion services, or homemaker services must register with the Agency for Health Care Administration.

(2)  Registration consists of annually filing with the Agency for Health Care Administration, under oath, on forms provided by it, the following information:

(a)  The name, address, date of birth, and social security number of the individual, or the name and address of the person, providing the service.

(b)  If the registrant is a firm or partnership, the name, address, date of birth, and social security number of every member.

(c)  If the registrant is a corporation or association, its name and address, the name, address, date of birth, and social security number of each of its directors and officers, and the name and address of each person having at least a 10-percent interest in the corporation or association.

(d)  The name, address, date of birth, and social security number of each person employed or under contract.

(3)  The Agency for Health Care Administration shall charge a registration fee of $25 to be submitted with the information required under subsection (2).

(4)  Each registrant must establish the employment history of persons employed or under contract having contact at any time with patients in their homes by:

(a)  Requiring persons employed or under contract to submit an employment history to the registrant; and

(b)  Verifying the employment history, unless through diligent efforts such verification is not possible. The Agency for Health Care Administration shall prescribe by rule the minimum requirements for establishing that diligent efforts have been made.

There is no monetary liability on the part of, and no cause of action for damages arises against, a former employer of a prospective employee of or prospective independent contractor with a registrant who reasonably and in good faith communicates his or her honest opinions about the former employee's job performance. This subsection does not affect the official immunity of an officer or employee of a public corporation.

(5)  On or before the first day on which services are provided to a patient, any registrant under this part must inform the patient and his or her immediate family, if appropriate, of the right to report abusive, neglectful, or exploitative practices. The statewide toll-free telephone number for the central abuse registry must be provided to patients in a manner that is clearly legible and must include the words: "To report abuse, neglect, or exploitation, please call toll-free  (phone number) ." Registrants must establish appropriate policies and procedures for providing such notice to patients.

(6)  The provisions of s. 400.512 regarding screening apply to any person or business entity registered under this section on or after October 1, 1989.

(7)  Upon verification that all requirements for registration have been met, the Agency for Health Care Administration shall issue a certificate of registration valid for no more than 1 year.

(8)  The Agency for Health Care Administration may deny, suspend, or revoke the registration of a person that:

(a)  Fails to comply with this section or applicable rules.

(b)  Commits an intentional, reckless, or negligent act that materially affects the health or safety of a person receiving services.

(9)  The Agency for Health Care Administration may institute injunctive proceedings under s. 400.515.

(10)  A person that offers or advertises to the public a service for which registration is required must include in its advertisement the registration number issued by the Agency for Health Care Administration.

(11)  It is unlawful for a person to offer or advertise to the public services, as defined by rule, without obtaining a certificate of registration from the Agency for Health Care Administration. It is unlawful for any holder of a certificate of registration to advertise or hold out to the public that he or she holds a certificate of registration for other than that for which he or she actually holds a certificate of registration. Any person who violates this subsection is subject to injunctive proceedings under s. 400.515.

(12)  Any duly authorized officer or employee of the Agency for Health Care Administration has the right to make such inspections and investigations as are necessary in order to respond to complaints or to determine the state of compliance with this section and applicable rules.

(a)  If, in responding to a complaint, an officer or employee of the Agency for Health Care Administration has reason to believe that a crime has been committed, he or she shall notify the appropriate law enforcement agency.

(b)  If, in responding to a complaint, an officer or employee of the Agency for Health Care Administration has reason to believe that abuse, neglect, or exploitation has occurred, according to the definitions in chapter 415, he or she shall file a report under chapter 415.

(13)  The Agency for Health Care Administration shall adopt rules to administer this section.

History.--ss. 2, 3, ch. 87-123; s. 3, ch. 88-219; s. 66, ch. 91-221; s. 30, ch. 91-263; ss. 6, 23, ch. 93-214; s. 787, ch. 95-148.

Note.--Former s. 400.478.