HB 413 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0413-00
Page 1 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to delegation of the administration of 2
prescription medications; amending s. 400.506, F.S.; 3
requiring a nurse registry that authorizes a 4
registered nurse to delegate tasks to a certified 5
nursing assistant or a home health aide to ensure that 6
certain requirements are met; amending s. 464.0156, 7
F.S.; authorizing a registered nurse to delegate the 8
administration of certain duties for the care of a 9
patient of a nurse registry; amending s. 464.2035, 10
F.S.; authorizing certified nursing assistants to 11
administer certain medication to patients of nurse 12
registries under certain circumstances; providing an 13
effective date. 14
15
Be It Enacted by the Legi slature of the State of Florida: 16
17
Section 1. Subsection (7) of section 400.506, Florida 18
Statutes, is amended to read: 19
400.506 Licensure of nurse registries; requirements; 20
penalties.— 21
(7) A person who is referred by a nurse registry for 22
contract in private residences and who is not a nurse licensed 23
under part I of chapter 464 may perform only those services or 24
care to clients that the person has been certified to perform or 25
HB 413 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0413-00
Page 2 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
trained to perform as required by law or rules of the Agency for 26
Health Care Administration or the Department of Business and 27
Professional Regulation. Providing services beyond the scope 28
authorized under this subsection constitutes the unauthorized 29
practice of medicine or a violation of the Nurse Practice Act 30
and is punishable as p rovided under chapter 458, chapter 459, or 31
part I of chapter 464. If a nurse registry authorizes a 32
registered nurse to delegate tasks, including medication 33
administration, to a certified nursing assistant under chapter 34
464 or to a home health aide under s. 400.490, the nurse 35
registry must ensure that such delegation meets the requirements 36
of this chapter and chapter 464 and the rules adopted 37
thereunder. 38
Section 2. Subsection (2) of section 464.0156, Florida 39
Statutes, is amended to read: 40
464.0156 Delegation of duties.— 41
(2) A registered nurse may delegate to a certified nursing 42
assistant or a home health aide the administration of oral, 43
transdermal, ophthalmic, otic, rectal, inhaled, enteral, or 44
topical prescription medications to a patient of a home h ealth 45
agency or nurse registry, if the certified nursing assistant or 46
home health aide meets the requirements of s. 464.2035 or s. 47
400.489, respectively. A registered nurse may not delegate the 48
administration of any controlled substance listed in Schedule 49
II, Schedule III, or Schedule IV of s. 893.03 or 21 U.S.C. s. 50
HB 413 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0413-00
Page 3 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
812. 51
Section 3. Subsections (1) and (3) of section 464.2035, 52
Florida Statutes, are amended to read: 53
464.2035 Administration of medication. — 54
(1) A certified nursing assistant may administ er oral, 55
transdermal, ophthalmic, otic, rectal, inhaled, enteral, or 56
topical prescription medication to a patient of a home health 57
agency or nurse registry if the certified nursing assistant has 58
been delegated such task by a registered nurse licensed under 59
part I of this chapter, has satisfactorily completed an initial 60
6-hour training course approved by the board, and has been found 61
competent to administer medication to a patient in a safe and 62
sanitary manner. The training, determination of competency, and 63
initial and annual validation required under this section must 64
be conducted by a registered nurse licensed under this chapter 65
or a physician licensed under chapter 458 or chapter 459. 66
(3) The board, in consultation with the Agency for Health 67
Care Administration, shall establish by rule standards and 68
procedures that a certified nursing assistant must follow when 69
administering medication to a patient of a home health agency or 70
nurse registry. Such rules must, at a minimum, address 71
qualification requirements for trainers, requirements for 72
labeling medication, documentation and recordkeeping, the 73
storage and disposal of medication, instructions concerning the 74
safe administration of medication, informed -consent requirements 75
HB 413 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0413-00
Page 4 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and records, and the training curricu lum and validation 76
procedures. 77
Section 4. This act shall take effect July 1, 2022. 78