FL
Florida House Bill H0413

Florida 2022 Regular Session

Florida House Bill H0413 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to delegation of the administration of 2
1616 prescription medications; amending s. 400.506, F.S.; 3
1717 requiring a nurse registry that authorizes a 4
1818 registered nurse to delegate tasks to a certified 5
1919 nursing assistant or a home health aide to ensure that 6
2020 certain requirements are met; amending s. 464.0156, 7
2121 F.S.; authorizing a registered nurse to delegate the 8
2222 administration of certain duties for the care of a 9
23-patient of a nurse registry or a patient in a county 10
24-detention facility; amending s. 464.2035, F.S.; 11
25-authorizing a certified nursing assistant to 12
26-administer certain medication to a patient of a nurse 13
27-registry or a patient in a county detention facilit y 14
28-under certain circumstances; providing an effective 15
29-date. 16
23+patient of a nurse registry; amending s. 464.2035, 10
24+F.S.; authorizing certified nursing assistants to 11
25+administer certain medication to patients of nurse 12
26+registries under certain circumstances; providing an 13
27+effective date. 14
28+ 15
29+Be It Enacted by the Legi slature of the State of Florida: 16
3030 17
31-Be It Enacted by the Legislature of the State of Florida: 18
32- 19
33- Section 1. Subsection (7) of section 400.506, Florida 20
34-Statutes, is amended to read: 21
35- 400.506 Licensure of nurse registries; req uirements; 22
36-penalties.— 23
37- (7) A person who is referred by a nurse registry for 24
38-contract in private residences and who is not a nurse licensed 25
31+ Section 1. Subsection (7) of section 400.506, Florida 18
32+Statutes, is amended to read: 19
33+ 400.506 Licensure of nurse registries; requirements; 20
34+penalties.— 21
35+ (7) A person who is referred by a nurse registry for 22
36+contract in private residences and who is not a nurse licensed 23
37+under part I of chapter 464 may perform only those services or 24
38+care to clients that the person has been certified to perform or 25
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4747 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
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51-under part I of chapter 464 may perform only those services or 26
52-care to clients that the person has been certified t o perform or 27
53-trained to perform as required by law or rules of the Agency for 28
54-Health Care Administration or the Department of Business and 29
55-Professional Regulation. Providing services beyond the scope 30
56-authorized under this subsection constitutes the unautho rized 31
57-practice of medicine or a violation of the Nurse Practice Act 32
58-and is punishable as provided under chapter 458, chapter 459, or 33
59-part I of chapter 464. If a nurse registry authorizes a 34
60-registered nurse to delegate tasks, including medication 35
61-administration, to a certified nursing assistant under chapter 36
62-464 or to a home health aide under s. 400.490, the nurse 37
63-registry must ensure that such delegation meets the requirements 38
64-of this chapter and chapter 464 and the rules adopted 39
65-thereunder. 40
66- Section 2. Subsection (2) of section 464.0156, Florida 41
67-Statutes, is amended to read: 42
68- 464.0156 Delegation of duties. — 43
69- (2) A registered nurse may delegate to a certified nursing 44
70-assistant or a home health aide the administration of oral, 45
71-transdermal, ophthalmic, ot ic, rectal, inhaled, enteral, or 46
72-topical prescription medications to a patient of a home health 47
73-agency or nurse registry or to a patient in a county detention 48
74-facility as defined in s. 951.23(1) , if the certified nursing 49
75-assistant or home health aide meets the requirements of s. 50
51+trained to perform as required by law or rules of the Agency for 26
52+Health Care Administration or the Department of Business and 27
53+Professional Regulation. Providing services beyond the scope 28
54+authorized under this subsection constitutes the unauthorized 29
55+practice of medicine or a violation of the Nurse Practice Act 30
56+and is punishable as p rovided under chapter 458, chapter 459, or 31
57+part I of chapter 464. If a nurse registry authorizes a 32
58+registered nurse to delegate tasks, including medication 33
59+administration, to a certified nursing assistant under chapter 34
60+464 or to a home health aide under s. 400.490, the nurse 35
61+registry must ensure that such delegation meets the requirements 36
62+of this chapter and chapter 464 and the rules adopted 37
63+thereunder. 38
64+ Section 2. Subsection (2) of section 464.0156, Florida 39
65+Statutes, is amended to read: 40
66+ 464.0156 Delegation of duties.— 41
67+ (2) A registered nurse may delegate to a certified nursing 42
68+assistant or a home health aide the administration of oral, 43
69+transdermal, ophthalmic, otic, rectal, inhaled, enteral, or 44
70+topical prescription medications to a patient of a home h ealth 45
71+agency or nurse registry, if the certified nursing assistant or 46
72+home health aide meets the requirements of s. 464.2035 or s. 47
73+400.489, respectively. A registered nurse may not delegate the 48
74+administration of any controlled substance listed in Schedule 49
75+II, Schedule III, or Schedule IV of s. 893.03 or 21 U.S.C. s. 50
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8484 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
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88-464.2035 or s. 400.489, respectively. A registered nurse may not 51
89-delegate the administration of any controlled substance listed 52
90-in Schedule II, Schedule III, or Schedule IV of s. 893.03 or 21 53
91-U.S.C. s. 812. 54
92- Section 3. Subsection s (1) and (3) of section 464.2035, 55
93-Florida Statutes, are amended to read: 56
94- 464.2035 Administration of medication. — 57
95- (1) A certified nursing assistant may administer oral, 58
96-transdermal, ophthalmic, otic, rectal, inhaled, enteral, or 59
97-topical prescription me dication to a patient of a home health 60
98-agency or nurse registry or to a patient in a county detention 61
99-facility as defined in s. 951.23(1) if the certified nursing 62
100-assistant has been delegated such task by a registered nurse 63
101-licensed under part I of this ch apter, has satisfactorily 64
102-completed an initial 6 -hour training course approved by the 65
103-board, and has been found competent to administer medication to 66
104-a patient in a safe and sanitary manner. The training, 67
105-determination of competency, and initial and annual validation 68
106-required under this section must be conducted by a registered 69
107-nurse licensed under this chapter or a physician licensed under 70
108-chapter 458 or chapter 459. 71
109- (3) The board, in consultation with the Agency for Health 72
110-Care Administration, shall est ablish by rule standards and 73
111-procedures that a certified nursing assistant must follow when 74
112-administering medication to a patient of a home health agency or 75
88+812. 51
89+ Section 3. Subsections (1) and (3) of section 464.2035, 52
90+Florida Statutes, are amended to read: 53
91+ 464.2035 Administration of medication. — 54
92+ (1) A certified nursing assistant may administ er oral, 55
93+transdermal, ophthalmic, otic, rectal, inhaled, enteral, or 56
94+topical prescription medication to a patient of a home health 57
95+agency or nurse registry if the certified nursing assistant has 58
96+been delegated such task by a registered nurse licensed under 59
97+part I of this chapter, has satisfactorily completed an initial 60
98+6-hour training course approved by the board, and has been found 61
99+competent to administer medication to a patient in a safe and 62
100+sanitary manner. The training, determination of competency, and 63
101+initial and annual validation required under this section must 64
102+be conducted by a registered nurse licensed under this chapter 65
103+or a physician licensed under chapter 458 or chapter 459. 66
104+ (3) The board, in consultation with the Agency for Health 67
105+Care Administration, shall establish by rule standards and 68
106+procedures that a certified nursing assistant must follow when 69
107+administering medication to a patient of a home health agency or 70
108+nurse registry. Such rules must, at a minimum, address 71
109+qualification requirements for trainers, requirements for 72
110+labeling medication, documentation and recordkeeping, the 73
111+storage and disposal of medication, instructions concerning the 74
112+safe administration of medication, informed -consent requirements 75
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121121 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
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125-nurse registry. Such rules must, at a minimum, address 76
126-qualification requirements for trainers, req uirements for 77
127-labeling medication, documentation and recordkeeping, the 78
128-storage and disposal of medication, instructions concerning the 79
129-safe administration of medication, informed -consent requirements 80
130-and records, and the training curriculum and validation 81
131-procedures. 82
132- Section 4. This act shall take effect July 1, 2022. 83
125+and records, and the training curricu lum and validation 76
126+procedures. 77
127+ Section 4. This act shall take effect July 1, 2022. 78