CS/HB 413 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0413-01-c1
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 or a patient in a county 10
detention facility; amending s. 464.2035, F.S.; 11
authorizing a certified nursing assistant to 12
administer certain medication to a patient of a nurse 13
registry or a patient in a county detention facilit y 14
under certain circumstances; providing an effective 15
date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
19
Section 1. Subsection (7) of section 400.506, Florida 20
Statutes, is amended to read: 21
400.506 Licensure of nurse registries; req uirements; 22
penalties.— 23
(7) A person who is referred by a nurse registry for 24
contract in private residences and who is not a nurse licensed 25
CS/HB 413 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0413-01-c1
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
under part I of chapter 464 may perform only those services or 26
care to clients that the person has been certified t o perform or 27
trained to perform as required by law or rules of the Agency for 28
Health Care Administration or the Department of Business and 29
Professional Regulation. Providing services beyond the scope 30
authorized under this subsection constitutes the unautho rized 31
practice of medicine or a violation of the Nurse Practice Act 32
and is punishable as provided under chapter 458, chapter 459, or 33
part I of chapter 464. If a nurse registry authorizes a 34
registered nurse to delegate tasks, including medication 35
administration, to a certified nursing assistant under chapter 36
464 or to a home health aide under s. 400.490, the nurse 37
registry must ensure that such delegation meets the requirements 38
of this chapter and chapter 464 and the rules adopted 39
thereunder. 40
Section 2. Subsection (2) of section 464.0156, Florida 41
Statutes, is amended to read: 42
464.0156 Delegation of duties. — 43
(2) A registered nurse may delegate to a certified nursing 44
assistant or a home health aide the administration of oral, 45
transdermal, ophthalmic, ot ic, rectal, inhaled, enteral, or 46
topical prescription medications to a patient of a home health 47
agency or nurse registry or to a patient in a county detention 48
facility as defined in s. 951.23(1) , if the certified nursing 49
assistant or home health aide meets the requirements of s. 50
CS/HB 413 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0413-01-c1
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
464.2035 or s. 400.489, respectively. A registered nurse may not 51
delegate the administration of any controlled substance listed 52
in Schedule II, Schedule III, or Schedule IV of s. 893.03 or 21 53
U.S.C. s. 812. 54
Section 3. Subsection s (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 me dication to a patient of a home health 60
agency or nurse registry or to a patient in a county detention 61
facility as defined in s. 951.23(1) if the certified nursing 62
assistant has been delegated such task by a registered nurse 63
licensed under part I of this ch apter, has satisfactorily 64
completed an initial 6 -hour training course approved by the 65
board, and has been found competent to administer medication to 66
a patient in a safe and sanitary manner. The training, 67
determination of competency, and initial and annual validation 68
required under this section must be conducted by a registered 69
nurse licensed under this chapter or a physician licensed under 70
chapter 458 or chapter 459. 71
(3) The board, in consultation with the Agency for Health 72
Care Administration, shall est ablish by rule standards and 73
procedures that a certified nursing assistant must follow when 74
administering medication to a patient of a home health agency or 75
CS/HB 413 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0413-01-c1
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
nurse registry. Such rules must, at a minimum, address 76
qualification requirements for trainers, req uirements for 77
labeling medication, documentation and recordkeeping, the 78
storage and disposal of medication, instructions concerning the 79
safe administration of medication, informed -consent requirements 80
and records, and the training curriculum and validation 81
procedures. 82
Section 4. This act shall take effect July 1, 2022. 83