87996, 59A-18.004 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 87996

Notice of Proposed Rule

Department:

AGENCY FOR HEALTH CARE ADMINISTRATION

Division:

Health Facility and Agency Licensing

Chapter:

NURSE REGISTRIES STANDARDS AND LICENSING

Overview

RULE:

59A-18.004	Licensure Requirements, Procedures, and Fees
59A-18.005	Registration Policies
59A-18.0081	Certified Nursing Assistant and Home Health Aide
59A-18.011	Medical Plan of Treatment
59A-18.012	Clinical Records
59A-18.017	Supplemental Staffing for Health Care Facilities
59A-18.018	Emergency Management Plans

PURPOSE:

The purpose of the proposed rule amendments is to update Chapter 59A-18, F.A.C., to conform to revisions in Chapter 400, Part IV, F.S., as amended by the 2005 Florida Legislature. A new rule is added to establish minimum criteria for nurse registry comprehensive emergency management plans and plan updates as required in Section 400.506(15) and (16), F.S. In addition, nurse registry application forms referenced in the rules are updated to conform to statutory revisions and a separate renewal application was developed to reduce the amount of information submitted by nurse registries. Other revisions are made to update the rules to current statutory requirements, update addresses, and clarify requirements for advance notification of licensee relocation and health statements.

SUMMARY:

The proposed changes to Rule 59A-18.004, F.A.C., to conform to 2005 revisions in Chapter 400, Part IV, F.S., are changing the expiration date of the license from one to two years, increasing the licensure fee from $1,000 to $2,000 for the increased licensure period, changing the expiration date of the license from one to two years, updating the licensure application forms and updating the date for contractors to be background screened. Other changes to Rule 59A-18.004, F.A.C., are: referencing a separate renewal application form requiring less information; referencing the Agency’s updated background screening form; adding to application requirements the name of the alternate administrator and the name and license number of nurses available to meet Section 400.506(10), F.S.; changing the collection of license numbers of independent contractors to the renewal application instead of the initial application; and updating addresses including web sites to obtain referenced forms. In addition, nurse registries are required to provide advance notice to AHCA of their office relocation with evidence of compliance with local zoning for the new location and exceptions are made for emergency relocations.
Amendments are proposed to Rule 59A-18.005, F.A.C., which eliminate the mandatory tuberculin skin test, clarifies the requirements for the health statements prior to contact with patients, and specifies actions to be taken if the independent contractor has a communicable disease. Training on HIV and AIDS is required biennially, removing the specified number of hours of training in accordance with Section 381.0035, F.S.
The proposed amendments to Rule 59A-18.0081, F.A.C., replace the monthly nursing assessments with a record of requested registered nurse visits to conform to 2005 statutory changes and update the HIV and AIDS education requirement for certified nursing assistants and home health aides to a biennial course from specified hours of training. A new subsection is added permitting certified nursing assistants and home health aides to assist with self administration of medication pursuant to Section 400.488, F.S., including training requirements, nursing review of the patient’s medications, receiving written consent, and clarifying the extent of assistance that can be provided.
Rule 59A-18.011, F.A.C., proposed amendments permit physicians assistants and advanced registered nurse practitioners to sign and review the plan of treatment in addition to the physicians, as stated in 2005 law changes. The proposed amendments to Rule 59A-18.017, F.A.C., require independent contractors who provide staffing service to a nursing home but have not lived in Florida for five years to have a level two background screening as required by Section 400.215, F.S. 
A new Rule 59A-18.018, F.A.C., is added for emergency management plan requirements pursuant to Section 400.506(16), F.S. An emergency management plan format, developed with the concurrence of the Department of Health, is referenced in the rule. Requirements include submission of plans and plan updates for review; development of contingency plans when phone service is not available; provision of information and assistance to patients with special needs shelter registration; documentation of patients plans prior to and following an emergency; provision of continuing care for patients in private homes, adult family care homes and assisted living facilities unless circumstances beyond the control of the independent contractor makes service provision impossible; and maintenance of a current prioritized list of registered special needs patients, and individual patient lists of medications, supplies and equipment required for continuing care and service in the event of an evacuation.

RULEMAKING AUTHORITY:

400.497 FS., 400.506 FS.

LAW:

400.488 FS., 400.497 FS., 400.506 FS., 400.512 FS.

PRINT PUBLISH DATE:

2/10/2006 Vol. 32/06

COMMENTS:

From 2/10/2006 To 3/3/2006 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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