Bill > H0607

Introduced Session

An act relating to direct care workers; amending s. 400.141, F.S.; authorizing nursing home facilities to use paid feeding assistants in accordance with specified federal law under certain circumstances; providing training program requirements; authorizing the Agency for Health Care Administration to adopt rules; amending s. 400.23, F.S.; prohibiting the counting of paid feeding assistants toward compliance with minimum staffing standards; amending s. 400.461, F.S.; revising a short title; amending s. 400.462, F.S.; revising the definition of the term "home health aide"; amending s. 400.464, F.S.; requiring a licensed home health agency that authorizes a registered nurse to delegate tasks to a certified nursing assistant or a home health aide to ensure that certain requirements are met; amending s. 400.488, F.S.; authorizing an unlicensed person to assist with self-administration of certain treatments; revising the requirements for such assistance; creating s. 400.489, F.S.; authorizing home health aides to administer certain prescription medications under certain conditions; requiring such home health aides to meet certain training and competency requirements; requiring that the training, determination of competency, and annual validation of home health aides be conducted by a registered nurse or a physician; requiring home health aides to complete annual inservice training in medication administration and medication error prevention, in addition to existing annual inservice training requirements; requiring the agency, in consultation with the Board of Nursing, to establish by rule standards and procedures for medication administration by home health aides; providing requirements for such rules; creating s. 400.490, F.S.; authorizing certified nursing assistants or home health aides to perform certain tasks delegated by a registered nurse; creating ss. 400.52 and 400.53, F.S.; creating the Excellence in Home Health Program and the Nurse Registry Excellence Program, respectively, within the agency for a specified purpose; requiring the agency to adopt rules establishing program criteria; providing requirements for such criteria; requiring the agency to annually evaluate certain home health agencies and nurse registries; providing program designation eligibility requirements; providing that a program designation is not transferable, with an exception; providing for the expiration of awarded designations; requiring home health agencies and nurse registries to biennially renew the awarded program designation; authorizing a program designation award recipient to use the designation in advertising and marketing; specifying circumstances under which a home health agency or nurse registry may not use a program designation in advertising or marketing; providing that an application submitted under the program is not an application for licensure; providing that certain actions by the agency are not subject to certain provisions; creating s. 408.822, F.S.; defining the term "direct care worker"; requiring certain licensees to provide specified information about their employees in a survey beginning on a specified date; requiring that the survey be completed on a form adopted by the agency by rule and include a specified attestation; requiring a licensee to submit such survey as a contingency of license renewal; requiring the agency to continually analyze the results of such surveys and publish the results on the agency's website; requiring the agency to update such information monthly; creating s. 464.0156, F.S.; authorizing a registered nurse to delegate certain tasks to a certified nursing assistant or a home health aide under certain conditions; providing criteria that a registered nurse must consider in determining if a task may be delegated to a certified nursing assistant or a home health aide; authorizing a registered nurse to delegate prescription medication administration to a certified nursing assistant or a home health aide, subject to certain requirements; providing an exception for certain controlled substances; requiring the Board of Nursing, in consultation with the agency, to adopt rules; amending s. 464.018, F.S.; providing disciplinary action; creating s. 464.2035, F.S.; authorizing certified nursing assistants to administer certain prescription medications under certain conditions; requiring such certified nursing assistants to meet certain training and competency requirements; requiring the training, determination of competency, and annual validation of certified nursing assistants to be conducted by a registered nurse or a physician; requiring such certified nursing assistants to complete annual inservice training in medication administration and medication error prevention in addition to existing annual inservice training requirements; requiring the board, in consultation with the agency, to adopt by rule standards and procedures for medication administration by certified nursing assistants; amending s. 381.026, F.S.; revising the definition of the term "health care provider" to include an advanced practice registered nurse who is registered to engage in autonomous practice for purposes of the Florida Patient's Bill of Rights and Responsibilities; amending s. 382.008, F.S.; authorizing an advanced practice registered nurse who is registered to engage in autonomous practice to file a certificate of death or fetal death under certain circumstances; authorizing an advanced practice registered nurse who is registered to engage in autonomous practice to provide certain information to the funeral director within a specified time period; replacing the term "primary or attending physician" with "primary or attending practitioner"; defining the term "primary or attending practitioner"; amending s. 382.011, F.S.; conforming a provision to changes made by the act; amending s. 394.463, F.S.; authorizing an advanced practice registered nurse who is registered to engage in autonomous practice to initiate an involuntary examination for mental illness under certain circumstances; amending s. 397.501, F.S.; prohibiting the denial of certain services to an individual who takes medication prescribed by an advanced practice registered nurse who is registered to engage in autonomous practice; amending s. 409.905, F.S.; requiring the Agency for Health Care Administration to pay for services provided to Medicaid recipients by a licensed advanced practice registered nurse who is registered to engage in autonomous practice; amending s. 456.053, F.S.; revising definitions; authorizing an advanced practice registered nurse registered to engage in autonomous practice to make referrals under certain circumstances; conforming a provision to changes made by the act; amending s. 464.003, F.S.; defining the term "autonomous practice"; amending s. 464.012, F.S.; conforming a provision to changes made by the act; providing an exception; creating s. 464.0123, F.S.; providing for the registration of an advanced practice registered nurse to engage in autonomous practice; providing registration requirements; providing financial responsibility requirements; authorizing an advanced practice registered nurse to engage in autonomous practice to provide primary health care services; requiring the department to adopt rules relating to scope of practice; requiring the department to distinguish such advanced practice registered nurses' licenses and include the registration in their practitioner profiles; authorizing such advanced practice registered nurses to perform specified acts without physician supervision or supervisory protocol; establishing the Council on Advanced Practice Registered Nurse Autonomous Practice to recommend standards of practice for advanced practice registered nurses engaging in autonomous practice for adoption in rule by the board; providing for appointment and terms of committee members; requiring the board to state with particularity its reason for rejecting a recommendation and provide the council an opportunity to modify the recommendation; requiring the board to adopt rules to establish certain standards of practice; requiring biennial registration renewal and continuing education; requiring the board to adopt rules; creating s. 464.0155, F.S.; requiring advanced practice registered nurses registered to engage in autonomous practice to report adverse incidents to the Department of Health; providing requirements; defining the term "adverse incident"; providing for department review of such reports; authorizing the department to take disciplinary action; amending s. 464.018, F.S.; providing additional grounds for denial of a license or disciplinary action for advanced practice registered nurses registered to engage in autonomous practice; amending s. 626.9707, F.S.; conforming terminology; creating ss. 627.64025 and 627.6621, F.S.; prohibiting certain health insurance policies and certain group, blanket, or franchise health insurance policies, respectively, from requiring an insured to receive services from an advanced practice registered nurse registered to engage in autonomous practice in place of a physician; amending s. 627.6699, F.S.; prohibiting certain health benefit plans from requiring an insured to receive services from an advanced practice registered nurse registered to engage in autonomous practice in place of a physician; amending s. 627.736, F.S.; requiring personal injury protection insurance policies to cover a certain percentage of medical services and care provided by an advanced practice registered nurse registered to engage in autonomous practice; providing for specified reimbursement of such an advanced practice registered nurse; creating s. 641.31075, F.S.; prohibiting certain health maintenance contracts from requiring a subscriber to receive services from an advanced practice registered nurse registered to engage in autonomous practice in place of a primary care physician; amending s. 641.495, F.S.; requiring certain health maintenance organization documents to disclose specified information; amending ss. 744.2006 and 744.331, F.S.; conforming terminology; amending s. 744.3675, F.S.; authorizing an advanced practice 201 registered nurse to provide the medical report of a 202 ward in an annual guardianship plan; amending s. 203 766.118, F.S.; revising the definition of the term 204 "practitioner" to include an advanced practice 205 registered nurse registered to engage in autonomous 206 practice; amending s. 768.135, F.S.; providing 207 immunity from liability for an advanced practice 208 registered nurse registered to engage in autonomous 209 practice who provides volunteer services under certain 210 circumstances; amending s. 1006.062, F.S.; authorizing 211 an advanced practice registered nurse to provide 212 training in the administration of medication to 213 designated school personnel; amending s. 1006.20, 214 F.S.; authorizing an advanced practice registered 215 nurse registered to engage in autonomous practice to 216 medically evaluate a student athlete; amending s. 217 1009.65, F.S.; authorizing an advanced practice 218 registered nurse registered to engage in autonomous 219 practice to receive payments under the Health Care 220 Education Reimbursement and Loan Repayment Program; 221 establishing payment amounts; providing appropriations 222 and authorizing positions; providing effective dates. 223

AI Summary

Committee Categories

Cary Pigman (R)*,  James Bush (D),  Kimberly Daniels (D),  Al Jacquet (D),  MaryLynn Magar (R),  Rick Roth (R),  Anthony Sabatini (R),  Emily Slosberg-King (D),  David Smith (R), 

Other Sponsors (2)

Chapter No. 2020-9 (on 03/12/2020)

Official Document