Florida 2023 Regular Session

Florida House Bill H0351 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 certified nursing assistants; 2
1616 amending s. 400.211, F.S.; providing that a nursing 3
1717 home may authorize a registered nurse to delegate 4
1818 certain tasks to specified certified nursing 5
1919 assistants; providing requirements for such 6
2020 assistants; providing for the designation of certain 7
2121 certified nursing assistants as qualified medication 8
2222 aides; providing requirements for such aides; 9
2323 requiring the Board of Nursing, in consultation with 10
2424 the Agency for Health Care Administration, to adopt 11
2525 rules; amending s. 400.23, F.S.; prohibiting qualified 12
2626 medication aides from being included in the 13
2727 computation of specified hours of direct care and 14
2828 staffing ratios; amending s. 464.0156, F.S.; 15
2929 authorizing registered nurses to delegate to certified 16
30-nursing assistants the administration of certain 17
31-medications to specified residents under certain 18
32-conditions; amending s. 464.2035, F.S.; authorizing 19
33-certified nursing assistants to administer certain 20
34-medications to specified residents and patients under 21
35-certain conditions; requiring the board, in 22
36-consultation with the agency, to establish standards 23
37-and procedures that a certified nursing assistant must 24
38-follow when administering medi cation to a resident of 25
30+nursing assistants and home health aides the 17
31+administration of certain medications to specified 18
32+residents and patients under certain conditions; 19
33+amending s. 464.2035, F.S.; authorizing certified 20
34+nursing assistants to administer certain medications 21
35+to specified residents and patients under certain 22
36+conditions; requiring the board, in consultation with 23
37+the agency, to establish standards and procedures that 24
38+a certified nursing assistant must follow when 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-a nursing home facility; providing an effective date. 26
52- 27
53-Be It Enacted by the Legislature of the State of Florida: 28
54- 29
55- Section 1. Subsection (5) is added to section 400.211, 30
56-Florida Statutes, to read: 31
57- 400.211 Persons employed a s nursing assistants; 32
58-certification requirement. 33
59- (5) A nursing home, in accordance with chapter 464 and 34
60-rules adopted pursuant to this section, may authorize a 35
61-registered nurse to delegate tasks, including medication 36
62-administration, to a certified nursi ng assistant who meets the 37
63-requirements of this subsection. 38
64- (a) In addition to the initial 6 -hour training course and 39
65-determination of competency required under s. 464.2035, to be 40
66-eligible to administer medication to a resident of a nursing 41
67-home facility, a certified nursing assistant must: 42
68- 1. Hold a clear and active certification from the 43
69-Department of Health for at least 1 year immediately preceding 44
70-the delegation. 45
71- 2. Complete an additional 34 -hour training course approved 46
72-by the Board of Nursing in medication administration and 47
73-associated tasks, including, but not limited to, blood glucose 48
74-level checks, dialing oxygen flow meters to prescribed settings, 49
75-and assisting with continuous positive airway pressure devices. 50
51+administering medication to a resident of a nursing 26
52+home facility; providing an effective date. 27
53+ 28
54+Be It Enacted by the Legislature of the State of Florida: 29
55+ 30
56+ Section 1. Subsection (5) is added to section 400.211, 31
57+Florida Status, to r ead: 32
58+ 400.211 Persons employed as nursing assistants; 33
59+certification requirement. 34
60+ (5) A nursing home, in accordance with chapter 464 and 35
61+rules adopted pursuant to this section, may authorize a 36
62+registered nurse to delegate tasks, including medication 37
63+administration, to a certified nursing assistant who meets the 38
64+requirements of this subsection. 39
65+ (a) In addition to the initial 6 -hour training course and 40
66+determination of competency required under s. 464.2035, to be 41
67+eligible to administer medication to a re sident of a nursing 42
68+home facility, a certified nursing assistant must: 43
69+ 1. Hold a clear and active certification from the 44
70+Department of Health for a minimum of 1 year immediately 45
71+preceding the delegation; 46
72+ 2. Complete an additional 34 -hour training course approved 47
73+by the Board of Nursing in medication administration and 48
74+associated tasks including blood glucose level checks, dialing 49
75+oxygen flow meters to prescribed settings, and assisting with 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- 3. Demonstrate clinical compete ncy by successfully 51
89-completing a supervised clinical practice in medication 52
90-administration and associated tasks conducted in the facility. 53
91- (b) Upon completion of the training, competency, and 54
92-initial validation requirements under s. 464.2035 and this 55
93-subsection, a certified nursing assistant whose delegated tasks 56
94-include medication administration is designated as a qualified 57
95-medication aide. 58
96- (c) A qualified medication aide must satisfactorily 59
97-complete the annual validation and 2 hours of inservice train ing 60
98-in medication administration and medication error prevention in 61
99-accordance with s. 464.2035. 62
100- (d) A qualified medication aide may administer medication 63
101-only under the direct supervision of a nurse licensed under part 64
102-I of chapter 464. 65
103- (e) Medication administration must be included in 66
104-performance improvement activities in accordance with 42 C.F.R. 67
105-s. 483.75(e)(2). 68
106- (f) The Board of Nursing, in consultation with the agency, 69
107-shall adopt rules to implement this subsection. 70
108- Section 2. Paragraph (b) o f subsection (3) of section 71
109-400.23, Florida Statutes, is amended to read: 72
110- 400.23 Rules; evaluation and deficiencies; licensure 73
111-status. 74
112- (3) 75
88+continuous positive airway pressure devices; and 51
89+ 3. Demonstrate clinical competency by successfully 52
90+completing a supervised clinical practice in medication 53
91+administration and associated tasks conducted in the facility. 54
92+ (b) Upon completion of the training, competency, and 55
93+initial validation requirements under s. 46 4.2035 and this 56
94+subsection, a certified nursing assistant whose tasks include 57
95+medication administration is designated as a qualified 58
96+medication aide. 59
97+ (c) A qualified medication aide must satisfactorily 60
98+complete the annual validation and 2 hours of inserv ice training 61
99+in medication administration and medication error prevention in 62
100+accordance with s. 464.2035. 63
101+ (d) A qualified medication aide may only administer 64
102+medication under the direct supervision of a nurse licensed 65
103+under part I of chapter 464. 66
104+ (e) The Board of Nursing, in consultation with the agency, 67
105+shall adopt rules to implement this subsection. 68
106+ Section 2. Paragraph (b) of subsection (3) of section 69
107+400.23, Florida Statutes, is amended to read: 70
108+ 400.23 Rules; evaluation and deficiencies; licensure 71
109+status. 72
110+ (3) 73
111+ (b)1. Each facility must determine its direct care 74
112+staffing needs based on the facility assessment and the 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- (b)1. Each facility must determine its direct care 76
126-staffing needs based on the facility assessment and the 77
127-individual needs of a resident based on the resident's care 78
128-plan. At a minimum, staffing must include, for each facility, 79
129-the following requirements: 80
130- a. A minimum weekly average of 3.6 hours of care by direct 81
131-care staff per resident per day. As used in t his sub-82
132-subparagraph, a week is defined as Sunday through Saturday. 83
133- b. A minimum of 2.0 hours of direct care by a certified 84
134-nursing assistant per resident per day. A facility may not staff 85
135-below one certified nursing assistant per 20 residents. 86
136- c. A minimum of 1.0 hour of direct care by a licensed 87
137-nurse per resident per day. A facility may not staff below one 88
138-licensed nurse per 40 residents. 89
139- 2. Nursing assistants employed under s. 400.211(2) may be 90
140-included in computing the hours of direct care provid ed by 91
141-certified nursing assistants and may be included in computing 92
142-the staffing ratio for certified nursing assistants if their job 93
143-responsibilities include only nursing -assistant-related duties. 94
144- 3. Certified nursing assistants performing the duties of a 95
145-qualified medication aide under s. 400.211(5) may not be 96
146-included in computing the hours of direct care provided by, or 97
147-the staffing ratios for, certified nursing assistants or 98
148-licensed nurses under sub -subparagraph 1.b. or sub -subparagraph 99
149-1.c., respectively. 100
125+individual needs of a resident based on the resident's care 76
126+plan. At a minimum, staffing must include, for each facility, 77
127+the following requirements: 78
128+ a. A minimum weekly average of 3.6 hours of care by direct 79
129+care staff per resident per day. As used in this sub -80
130+subparagraph, a week is defined as Sunday through Saturday. 81
131+ b. A minimum of 2.0 hours of direct care by a certifi ed 82
132+nursing assistant per resident per day. A facility may not staff 83
133+below one certified nursing assistant per 20 residents. 84
134+ c. A minimum of 1.0 hour of direct care by a licensed 85
135+nurse per resident per day. A facility may not staff below one 86
136+licensed nurse per 40 residents. 87
137+ 2. Nursing assistants employed under s. 400.211(2) may be 88
138+included in computing the hours of direct care provided by 89
139+certified nursing assistants and may be included in computing 90
140+the staffing ratio for certified nursing assistants if their job 91
141+responsibilities include only nursing -assistant-related duties. 92
142+ 3. Certified nursing assistants who perform the duties of 93
143+a qualified medication aide under s. 400.211(5) may not be 94
144+included in computing the hours of direct care provided by, or 95
145+the staffing ratios for, certified nursing assistants or 96
146+licensed nurses under sub -subparagraph 1.b. or sub -subparagraph 97
147+1.c., respectively. 98
148+ 4.3. Each nursing home facility must document compliance 99
149+with staffing standards as required under this paragraph and 100
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158158 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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162- 4.3. Each nursing home facility must document compliance 101
163-with staffing standards as required under this paragraph and 102
164-post daily the names of licensed nurses and certified nursing 103
165-assistants on duty for the benefit of facility residents and the 104
166-public. Facilities must maintain the records documenting 105
167-compliance with minimum staffing standards for a period of 5 106
168-years and must report staffing in accordance with 42 C.F.R. s. 107
169-483.70(q). 108
170- 5.4. The agency must recognize the use of licensed nurses 109
171-for compliance with minimum staffing requirements for certified 110
172-nursing assistants if the nursing home facility otherwise meets 111
173-the minimum staffing requirements for licensed nurses and the 112
174-licensed nurses are performing the duties of a certified nursing 113
175-assistant. Unless otherwise approved by the agency, licensed 114
176-nurses counted toward the minimum staffing requirements for 115
177-certified nursing assistants must exclusively perform the duties 116
178-of a certified nursing assistant for the entire shift and not 117
179-also be counted toward the minimum staffing requirements for 118
180-licensed nurses. If the agency approved a facility's request to 119
181-use a licensed nurse to perform both licensed nursing and 120
182-certified nursing assistant duties, the facility must allocate 121
183-the amount of staff time specifically spent on certified nursing 122
184-assistant duties for the purpose of documenting compliance with 123
185-minimum staffing requirements for certified and licensed nursing 124
186-staff. The hours of a licensed nurse with dual job 125
162+post daily the names of licensed nurses and certified nursing 101
163+assistants on duty for the benefit of facility residents and the 102
164+public. Facilities must maintain the records documenting 103
165+compliance with minimum staffing standards for a period of 5 104
166+years and must report staffing in accordance with 42 C.F.R. s. 105
167+483.70(q). 106
168+ 5.4. The agency must recognize the use of licensed nurses 107
169+for compliance with minimum staffing requirements for certified 108
170+nursing assistants if the nursing home facility otherwise meets 109
171+the minimum staffing requirements for licensed nurses and the 110
172+licensed nurses are performing the duties of a certified nursing 111
173+assistant. Unless otherwise approved by the agency, licensed 112
174+nurses counted toward the minimum staffing requirements for 113
175+certified nursing assistants must exclusively perform the duties 114
176+of a certified nursing assistant for the entire shift and not 115
177+also be counted toward the minimum staffing requirements for 116
178+licensed nurses. If the agency approved a facility's request to 117
179+use a licensed nurse to perform both licensed nursing and 118
180+certified nursing assistant duties, the facility must allocate 119
181+the amount of staff time specifically spent on certified nursing 120
182+assistant duties for the purpose of documenting compliance with 121
183+minimum staffing requirements for certified and licensed nursing 122
184+staff. The hours of a licensed nurse with dual job 123
185+responsibilities may not be counted twice. 124
186+ 6.5. Evidence that a facility complied with the minimum 125
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195195 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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199-responsibilities may not be counted twice. 126
200- 6.5. Evidence that a facility complied with the minimum 127
201-direct care staffing requirements under subparagraph 1. is not 128
202-admissible as evidence of compliance with the nursing services 129
203-requirements under 42 C.F.R. s. 483.35 or s. 483.70. 130
204- Section 3. Subsection (2) of section 464.0156, Florida 131
205-Statutes, is amended to read: 132
206- 464.0156 Delegation of duties. — 133
207- (2)(a) A registered nurse may delegate to a certified 134
208-nursing assistant the administration of oral, transdermal, 135
209-ophthalmic, otic, inhaled, or topical prescription medication to 136
210-a resident of a nursing home facility as defined in s. 400.021 137
211-if the certified nursing assistant meets the requirements of s. 138
212-400.211(5) and s. 464.2035. 139
213- (b) A registered nurse may delegate to a certified nursing 140
214-assistant or a home health aide the administration of oral, 141
215-transdermal, ophthalmic, otic, rectal, inhaled, enteral, or 142
216-topical prescription medications to a patient of a home health 143
217-agency licensed under part III of chapter 400 or to a patient in 144
218-a local county detention facility as defined in s. 951.23(1) , if 145
219-the certified nursing assistant or home health aide meets the 146
220-requirements of s. 464.2035 or s. 400.489, respectively. 147
221- (c) A registered nurse may not delegate the administration 148
222-of any controlled substa nce listed in Schedule II, Schedule III, 149
223-or Schedule IV of s. 893.03 or 21 U.S.C. s. 812, except for the 150
199+direct care staffing requirements under subparagraph 1. i s not 126
200+admissible as evidence of compliance with the nursing services 127
201+requirements under 42 C.F.R. s. 483.35 or s. 483.70. 128
202+ Section 3. Subsection (2) of section 464.0156, Florida 129
203+Statutes, is amended to read: 130
204+ 464.0156 Delegation of duties. — 131
205+ (2)(a) A registered nurse may delegate to a certified 132
206+nursing assistant the administration of oral, transdermal, 133
207+ophthalmic, otic, inhaled, or topical prescription medication to 134
208+a resident of a nursing home facility as defined in s. 400.021 135
209+if the certified nursing assistant meets the requirements of s. 136
210+400.211(5) and s. 464.2035. 137
211+ (b) A registered nurse may delegate to a certified nursing 138
212+assistant or a home health aide the administration of oral, 139
213+transdermal, ophthalmic, otic, rectal, inhaled, enteral, or 140
214+topical prescription medications to a patient of a home health 141
215+agency licensed under part III of chapter 400 or to a patient in 142
216+a local county detention facility as defined in s. 951.23(1) , if 143
217+the certified nursing assistant or home health aide meets the 144
218+requirements of s. 464.2035 or s. 400.489, respectively . 145
219+ (c) A registered nurse may delegate to a home health aide 146
220+the administration of oral, transdermal, ophthalmic, otic, 147
221+rectal, inhaled, enteral, or topical prescription medication to 148
222+a patient of a home heal th agency licensed under part III of 149
223+chapter 400 or to a patient in a local county detention facility 150
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232232 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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236-administration of an insulin syringe that is prefilled with the 151
237-proper dosage by a pharmacist or an insulin pen that is 152
238-prefilled by the manufacturer. 153
239- Section 4. Subsections (1) and (3) of section 464.2035, 154
240-Florida Statutes, are amended to read: 155
241- 464.2035 Administration of medication. — 156
242- (1) A certified nursing assistant may administer oral, 157
243-transdermal, ophthalmic, otic, rectal, inhaled, enteral, or 158
244-topical prescription medication to a resident of a nursing home 159
245-facility as defined in s. 400.021 or may administer oral 160
246-transdermal, ophthalmic, otic, rectal, inhaled, enteral, or 161
247-topical prescription medication to a patient of a home health 162
248-agency licensed under part III of chapter 400 or to a patient in 163
249-a county detention facility as defined in s. 951.23(1) if the 164
250-certified nursing assistant has been delegated such task by a 165
251-registered nurse licensed under part I of this chapter, has 166
252-satisfactorily completed an initial 6-hour training course 167
253-approved by the board, and has been found competent to 168
254-administer medication to a patient in a safe and sanitary 169
255-manner. The training, determination of competency, and initial 170
256-and annual validation required under th is section must be 171
257-conducted by a registered nurse licensed under this chapter or a 172
258-physician licensed under chapter 458 or chapter 459. 173
259- (3) The board, in consultation with the Agency for Health 174
260-Care Administration, shall establish by rule standards and 175
236+as defined in s. 951.23(1) if the home health aide meets the 151
237+requirements of s. 400.489. 152
238+ (d) A registered nurse may not delegate the administration 153
239+of any controlled substance listed in Schedule II, Schedule III, 154
240+or Schedule IV of s. 893.03 or 21 U.S.C. s. 812, except for the 155
241+administration of an insulin syringe that is prefilled with the 156
242+proper dosage by a pharmacist or an insulin pen that is 157
243+prefilled by the manufacturer. 158
244+ Section 4. Subsections (1) and (3) of section 464.2035, 159
245+Florida Statutes, are amended to read: 160
246+ 464.2035 Administration of medication. 161
247+ (1) A certified nursing assistant may administer oral, 162
248+transdermal, ophthalmic, otic, rectal, inhaled, enteral, or 163
249+topical prescription medication to a resident of a nursing home 164
250+facility as defined in s. 400.021 or may administer oral 165
251+transdermal, ophthalmic, otic, rectal, inhaled, enteral, or 166
252+topical prescription medication to a patient of a home health 167
253+agency licensed under part III of chapter 400 or to a patient in 168
254+a county detention facility as defined in s. 951.23(1) if the 169
255+certified nursing assistant has been delegated such task by a 170
256+registered nurse licensed under part I of this chapter, ha s 171
257+satisfactorily completed an initial 6 -hour training course 172
258+approved by the board, and has been found competent to 173
259+administer medication to a patient in a safe and sanitary 174
260+manner. The training, determination of competency, and initial 175
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269269 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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273-procedures that a certified nursing assistant must follow when 176
274-administering medication to a resident of a nursing home 177
275-facility or to a patient of a home health agency. Such rules 178
276-must, at a minimum, address qualification requirements for 179
277-trainers, requirements for labeling medication, documentation 180
278-and recordkeeping, the storage and disposal of medication, 181
279-instructions concerning the safe administration of medication, 182
280-informed-consent requirements and records, and the training 183
281-curriculum and validation pr ocedures. 184
282- Section 5. This act shall take effect July 1, 2023. 185
273+and annual validation required under this section must be 176
274+conducted by a registered nurse licensed under this chapter or a 177
275+physician licensed under chapter 458 or chapter 459. 178
276+ (3) The board, in consultation with the Agency for Health 179
277+Care Administration, shall establish by rule standards and 180
278+procedures that a certified nursing assistant must follow when 181
279+administering medication to a resident of a nursing home 182
280+facility or to a patient of a home health agency. Such rules 183
281+must, at a minimum, address qualification requirements for 184
282+trainers, requirements for labeling medication, documentation 185
283+and recordkeeping, the storage and disposal of medication, 186
284+instructions concerning the safe administration of medication, 187
285+informed-consent requirements and records, and the training 188
286+curriculum and validation procedures. 189
287+ Section 5. This act shall take effect July 1, 2023. 190