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