31 | | - | Be It Enacted by the Legislature of the State of Florida: 18 |
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32 | | - | 19 |
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33 | | - | Section 1. Subsection (7) of section 400.506, Florida 20 |
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34 | | - | Statutes, is amended to read: 21 |
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35 | | - | 400.506 Licensure of nurse registries; req uirements; 22 |
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36 | | - | penalties.— 23 |
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37 | | - | (7) A person who is referred by a nurse registry for 24 |
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38 | | - | contract in private residences and who is not a nurse licensed 25 |
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| 31 | + | Section 1. Subsection (7) of section 400.506, Florida 18 |
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| 32 | + | Statutes, is amended to read: 19 |
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| 33 | + | 400.506 Licensure of nurse registries; requirements; 20 |
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| 34 | + | penalties.— 21 |
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| 35 | + | (7) A person who is referred by a nurse registry for 22 |
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| 36 | + | contract in private residences and who is not a nurse licensed 23 |
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| 37 | + | under part I of chapter 464 may perform only those services or 24 |
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| 38 | + | care to clients that the person has been certified to perform or 25 |
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51 | | - | under part I of chapter 464 may perform only those services or 26 |
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52 | | - | care to clients that the person has been certified t o perform or 27 |
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53 | | - | trained to perform as required by law or rules of the Agency for 28 |
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54 | | - | Health Care Administration or the Department of Business and 29 |
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55 | | - | Professional Regulation. Providing services beyond the scope 30 |
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56 | | - | authorized under this subsection constitutes the unautho rized 31 |
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57 | | - | practice of medicine or a violation of the Nurse Practice Act 32 |
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58 | | - | and is punishable as provided under chapter 458, chapter 459, or 33 |
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59 | | - | part I of chapter 464. If a nurse registry authorizes a 34 |
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60 | | - | registered nurse to delegate tasks, including medication 35 |
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61 | | - | administration, to a certified nursing assistant under chapter 36 |
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62 | | - | 464 or to a home health aide under s. 400.490, the nurse 37 |
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63 | | - | registry must ensure that such delegation meets the requirements 38 |
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64 | | - | of this chapter and chapter 464 and the rules adopted 39 |
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65 | | - | thereunder. 40 |
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66 | | - | Section 2. Subsection (2) of section 464.0156, Florida 41 |
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67 | | - | Statutes, is amended to read: 42 |
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68 | | - | 464.0156 Delegation of duties. — 43 |
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69 | | - | (2) A registered nurse may delegate to a certified nursing 44 |
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70 | | - | assistant or a home health aide the administration of oral, 45 |
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71 | | - | transdermal, ophthalmic, ot ic, rectal, inhaled, enteral, or 46 |
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72 | | - | topical prescription medications to a patient of a home health 47 |
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73 | | - | agency or nurse registry or to a patient in a county detention 48 |
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74 | | - | facility as defined in s. 951.23(1) , if the certified nursing 49 |
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75 | | - | assistant or home health aide meets the requirements of s. 50 |
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| 51 | + | trained to perform as required by law or rules of the Agency for 26 |
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| 52 | + | Health Care Administration or the Department of Business and 27 |
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| 53 | + | Professional Regulation. Providing services beyond the scope 28 |
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| 54 | + | authorized under this subsection constitutes the unauthorized 29 |
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| 55 | + | practice of medicine or a violation of the Nurse Practice Act 30 |
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| 56 | + | and is punishable as p rovided under chapter 458, chapter 459, or 31 |
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| 57 | + | part I of chapter 464. If a nurse registry authorizes a 32 |
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| 58 | + | registered nurse to delegate tasks, including medication 33 |
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| 59 | + | administration, to a certified nursing assistant under chapter 34 |
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| 60 | + | 464 or to a home health aide under s. 400.490, the nurse 35 |
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| 61 | + | registry must ensure that such delegation meets the requirements 36 |
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| 62 | + | of this chapter and chapter 464 and the rules adopted 37 |
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| 63 | + | thereunder. 38 |
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| 64 | + | Section 2. Subsection (2) of section 464.0156, Florida 39 |
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| 65 | + | Statutes, is amended to read: 40 |
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| 66 | + | 464.0156 Delegation of duties.— 41 |
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| 67 | + | (2) A registered nurse may delegate to a certified nursing 42 |
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| 68 | + | assistant or a home health aide the administration of oral, 43 |
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| 69 | + | transdermal, ophthalmic, otic, rectal, inhaled, enteral, or 44 |
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| 70 | + | topical prescription medications to a patient of a home h ealth 45 |
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| 71 | + | agency or nurse registry, if the certified nursing assistant or 46 |
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| 72 | + | home health aide meets the requirements of s. 464.2035 or s. 47 |
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| 73 | + | 400.489, respectively. A registered nurse may not delegate the 48 |
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| 74 | + | administration of any controlled substance listed in Schedule 49 |
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| 75 | + | II, Schedule III, or Schedule IV of s. 893.03 or 21 U.S.C. s. 50 |
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88 | | - | 464.2035 or s. 400.489, respectively. A registered nurse may not 51 |
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89 | | - | delegate the administration of any controlled substance listed 52 |
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90 | | - | in Schedule II, Schedule III, or Schedule IV of s. 893.03 or 21 53 |
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91 | | - | U.S.C. s. 812. 54 |
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92 | | - | Section 3. Subsection s (1) and (3) of section 464.2035, 55 |
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93 | | - | Florida Statutes, are amended to read: 56 |
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94 | | - | 464.2035 Administration of medication. — 57 |
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95 | | - | (1) A certified nursing assistant may administer oral, 58 |
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96 | | - | transdermal, ophthalmic, otic, rectal, inhaled, enteral, or 59 |
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97 | | - | topical prescription me dication to a patient of a home health 60 |
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98 | | - | agency or nurse registry or to a patient in a county detention 61 |
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99 | | - | facility as defined in s. 951.23(1) if the certified nursing 62 |
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100 | | - | assistant has been delegated such task by a registered nurse 63 |
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101 | | - | licensed under part I of this ch apter, has satisfactorily 64 |
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102 | | - | completed an initial 6 -hour training course approved by the 65 |
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103 | | - | board, and has been found competent to administer medication to 66 |
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104 | | - | a patient in a safe and sanitary manner. The training, 67 |
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105 | | - | determination of competency, and initial and annual validation 68 |
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106 | | - | required under this section must be conducted by a registered 69 |
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107 | | - | nurse licensed under this chapter or a physician licensed under 70 |
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108 | | - | chapter 458 or chapter 459. 71 |
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109 | | - | (3) The board, in consultation with the Agency for Health 72 |
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110 | | - | Care Administration, shall est ablish by rule standards and 73 |
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111 | | - | procedures that a certified nursing assistant must follow when 74 |
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112 | | - | administering medication to a patient of a home health agency or 75 |
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| 88 | + | 812. 51 |
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| 89 | + | Section 3. Subsections (1) and (3) of section 464.2035, 52 |
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| 90 | + | Florida Statutes, are amended to read: 53 |
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| 91 | + | 464.2035 Administration of medication. — 54 |
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| 92 | + | (1) A certified nursing assistant may administ er oral, 55 |
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| 93 | + | transdermal, ophthalmic, otic, rectal, inhaled, enteral, or 56 |
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| 94 | + | topical prescription medication to a patient of a home health 57 |
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| 95 | + | agency or nurse registry if the certified nursing assistant has 58 |
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| 96 | + | been delegated such task by a registered nurse licensed under 59 |
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| 97 | + | part I of this chapter, has satisfactorily completed an initial 60 |
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| 98 | + | 6-hour training course approved by the board, and has been found 61 |
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| 99 | + | competent to administer medication to a patient in a safe and 62 |
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| 100 | + | sanitary manner. The training, determination of competency, and 63 |
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| 101 | + | initial and annual validation required under this section must 64 |
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| 102 | + | be conducted by a registered nurse licensed under this chapter 65 |
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| 103 | + | or a physician licensed under chapter 458 or chapter 459. 66 |
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| 104 | + | (3) The board, in consultation with the Agency for Health 67 |
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| 105 | + | Care Administration, shall establish by rule standards and 68 |
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| 106 | + | procedures that a certified nursing assistant must follow when 69 |
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| 107 | + | administering medication to a patient of a home health agency or 70 |
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| 108 | + | nurse registry. Such rules must, at a minimum, address 71 |
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| 109 | + | qualification requirements for trainers, requirements for 72 |
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| 110 | + | labeling medication, documentation and recordkeeping, the 73 |
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| 111 | + | storage and disposal of medication, instructions concerning the 74 |
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| 112 | + | safe administration of medication, informed -consent requirements 75 |
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125 | | - | nurse registry. Such rules must, at a minimum, address 76 |
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126 | | - | qualification requirements for trainers, req uirements for 77 |
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127 | | - | labeling medication, documentation and recordkeeping, the 78 |
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128 | | - | storage and disposal of medication, instructions concerning the 79 |
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129 | | - | safe administration of medication, informed -consent requirements 80 |
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130 | | - | and records, and the training curriculum and validation 81 |
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131 | | - | procedures. 82 |
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132 | | - | Section 4. This act shall take effect July 1, 2022. 83 |
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| 125 | + | and records, and the training curricu lum and validation 76 |
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| 126 | + | procedures. 77 |
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| 127 | + | Section 4. This act shall take effect July 1, 2022. 78 |
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