Bill > H7053

Introduced Session

An act relating to direct care; amending s. 400.141, F.S.; authorizing a nursing home facility to use paid feeding assistants in accordance with certain federal regulations under certain circumstances; providing a requirement for a feeding assistant training program; amending s. 400.23, F.S.; prohibiting paid feeding assistants from counting toward compliance with minimum staffing standards; amending s. 400.462, F.S.; revising the definition of "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 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 a home health aide to administer certain prescription medications under certain conditions; requiring the home health aide to meet certain training and competency requirements; requiring that the training, determination of competency, and annual validations be performed by a registered nurse or a physician; requiring a home health aide to complete annual , Engrossed 2 inservice training in medication administration and medication error prevention in addition to existing annual inservice training requirements; requiring the Agency for Health Care Administration, in consultation with the Board of Nursing, to adopt rules for medication administration; creating s. 400.490, F.S.; authorizing a certified nursing assistant or home health aide to perform tasks delegated by a registered nurse; creating s. 400.52, F.S.; creating the Excellence in Home Health Program within the agency; requiring the agency to adopt rules establishing program criteria; requiring the agency to annually evaluate certain home health agencies that apply for a program award; providing eligibility requirements; requiring an agency to reapply biennially for the award designation; authorizing an award recipient to use the designation in advertising and marketing; prohibiting a home health agency from using the award designation in any advertising or marketing under certain circumstances; providing that an application for an award designation under the program is not an application for licensure and such designation or denial of an award does not constitute final agency action subject to certain administrative procedures; creating s. 400.53, F.S.; creating the Nurse Registry , Engrossed 2 Excellence Program within the agency; requiring the agency to adopt rules establishing program criteria; requiring the agency to annually evaluate certain nurse registries that apply for a program award; providing eligibility requirements; requiring a nurse registry to reapply biennially for the award designation; authorizing an award recipient to use the designation in advertising and marketing; prohibiting a nurse registry from using the award designation in any advertising or marketing under certain circumstances; providing that an application for an award designation under the program is not an application for licensure and such designation or denial of an award does not constitute final agency action subject to certain administrative procedures; creating s. 408.064, F.S.; requiring the agency to create a webpage to provide information to patients and their families about direct care workers; providing requirements for the webpage; requiring the agency to display a link on its website to the webpage; creating s. 408.822, F.S.; defining the term "direct care worker"; requiring certain licensees to provide specified information about employees in a survey beginning on a specified date; requiring that the survey be completed on a form with a specified , Engrossed 2 attestation adopted by the agency in rule; requiring a licensee to submit such survey by a time designated by the agency in rule; prohibiting the agency from issuing a license renewal until the licensee submits a completed survey; requiring the agency to analyze the results of such survey and publish its results on the agency's website; requiring the agency to update such information monthly; requiring the agency's analysis to include specified information; creating s. 464.0156, F.S.; authorizing a registered nurse to delegate tasks to a certified nursing assistant or home health aide under certain conditions; providing the criteria that a registered nurse must consider in determining if a task may be delegated; authorizing a registered nurse to delegate medication administration to a certified nursing assistant or home health aide if certain requirements are met; requiring the Board of Nursing, in consultation with the agency, to adopt rules; amending s. 464.018, F.S.; providing that a registered nurse who delegates certain tasks to a person the registered nurse knows or has reason to know is unqualified is grounds for licensure denial or disciplinary action; providing additional grounds for denial of a license or disciplinary action for advanced practice registered nurses registered to , Engrossed 2 engage in autonomous practice; creating s. 464.2035, F.S.; authorizing a certified nursing assistant to administer certain prescription medications under certain conditions; requiring the certified nursing assistant to meet certain training and competency requirements; requiring the training, determination of competency, and annual validations to be performed by a registered nurse or a physician; requiring a certified nursing assistant 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 rules; 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. 456.0391, F.S.; requiring an autonomous physician assistant to submit certain information to the Department of Health; requiring the department to send a notice to autonomous physician assistants regarding the required information; requiring autonomous physician assistants who have submitted required information to update such information in writing; providing penalties; amending , Engrossed 2 s. 456.041, F.S.; requiring the department to provide a practitioner profile for an autonomous physician assistant; amending ss. 458.347 and 459.022, F.S.; defining the term "autonomous physician assistant"; authorizing third-party payors to reimburse employers for services provided by autonomous physician assistants; deleting a requirement that a physician assistant must inform a patient of a right to see a physician before prescribing or dispensing a prescription; revising the requirements for physician assistant education and training programs; authorizing the Board of Medicine to impose certain penalties upon an autonomous physician assistant; requiring the board to register a physician assistant as an autonomous physician assistant if the applicant meets certain criteria; providing requirements; providing exceptions; requiring the department to distinguish such autonomous physician assistants' licenses; authorizing such autonomous physician assistants to perform specified acts without physician supervision or supervisory protocol; requiring biennial registration renewal; requiring the Council on Physician Assistants to establish rules; revising the membership and duties of the council; prohibiting a person who is not registered as an autonomous , Engrossed 2 physician assistant from using the title; providing for the denial, suspension, or revocation of the registration of an autonomous physician assistant; requiring the board to adopt rules; requiring autonomous physician assistants to report adverse incidents to the department; amending s. 464.012, F.S.; requiring applicants for registration as an advanced practice registered nurse to apply to the Board of Nursing; authorizing an advanced practice registered nurse to sign, certify, stamp, verify, or endorse a document that requires the signature, certification, stamp, verification, affidavit, or endorsement of a physician within the framework of an established protocol; providing an exception; creating s. 464.0123, F.S.; defining the term "autonomous practice"; providing for the registration of an advanced practice registered nurse to engage in autonomous practice; providing registration requirements; 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; requiring biennial registration renewal and continuing , Engrossed 2 education; authorizing the Board of Nursing to establish an advisory committee to determine the medical acts that may be performed by such advanced practice registered nurses; providing for appointment and terms of committee members; 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. 39.01, F.S.; revising the definition of the term "licensed health care professional" to include an autonomous physician assistant; amending s. 39.303, F.S.; authorizing a specified autonomous physician assistant to review certain cases of abuse or neglect and standards for face-to-face medical evaluations by a Child Protection Team; amending s. 39.304, F.S.; authorizing an autonomous physician assistant to perform or order an examination and diagnose a child without parental consent under certain circumstances; amending s. 110.12315, F.S.; revising requirements for reimbursement of pharmacies for specified prescription , Engrossed 2 drugs and supplies under the state employees' prescription drug program; amending s. 252.515, F.S.; providing immunity from civil liability for an autonomous physician assistant under the Postdisaster Relief Assistance Act; amending ss. 310.071, 310.073, and 310.081, F.S.; authorizing an autonomous physician assistant and a physician assistant to administer the physical examination required for deputy pilot certification and state pilot licensure; authorizing an applicant for a deputy pilot certificate or a state pilot license to use controlled substances prescribed by an autonomous physician assistant; amending s. 320.0848, F.S.; authorizing an autonomous physician assistant to certify that a person is disabled to satisfy requirements for certain permits; amending s. 381.00315, F.S.; providing for the temporary reactivation of the registration of an autonomous physician assistant in a public health emergency; amending s. 381.00593, F.S.; revising the definition of the term "health care practitioner" to include an autonomous physician assistant for purposes of the Public School Volunteer Health Care Practitioner Act; amending s. 381.026, F.S.; revising the definition of the term "health care provider" to include an advanced practice registered nurse and an autonomous physician , Engrossed 2 assistant for purposes of the Florida Patient's Bill of Rights and Responsibilities; amending s. 382.008, F.S.; authorizing an autonomous physician assistant, a physician assistant, and an advanced practice registered nurse to file a certificate of death or fetal death under certain circumstances; authorizing a certified nurse midwife 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. 383.14, F.S.; authorizing the release of certain newborn tests and screening results to an autonomous physician assistant; revising the definition of the term "health care practitioner" to include an autonomous physician assistant for purposes of screening for certain disorders and risk factors; amending s. 390.0111, F.S.; authorizing a certain action by an autonomous physician assistant before an abortion procedure; amending s. 390.012, F.S.; authorizing certain actions by an autonomous physician assistant during and after an abortion procedure; amending s. 394.463, F.S.; authorizing an autonomous physician assistant, a , Engrossed 2 physician assistant, and an advanced practice registered nurse to initiate an involuntary examination for mental illness under certain circumstances; authorizing a physician assistant to examine a patient; amending s. 395.0191, F.S.; providing an exception to certain onsite medical direction requirements for a specified advanced practice registered nurse; amending s. 395.602, F.S.; authorizing the Department of Health to use certain funds to increase the number of autonomous physician assistants in rural areas; amending s. 397.501, F.S.; prohibiting the denial of certain services to an individual who takes medication prescribed by an autonomous physician assistant, a physician assistant, or an advanced practice registered nurse; amending ss. 397.679 and 397.6793, F.S.; authorizing an autonomous physician assistant to execute a certificate for emergency admission of a person who is substance abuse impaired; amending s. 400.021, F.S.; revising the definition of the term "geriatric outpatient clinic" to include a site staffed by an autonomous physician assistant; amending s. 400.172, F.S.; authorizing an autonomous physician assistant and an advanced practice registered nurse to provide certain medical information to a prospective respite care resident; , Engrossed 2 amending s. 400.487, F.S.; authorizing an autonomous physician assistant to establish treatment orders for certain patients under certain circumstances; amending s. 400.506, F.S.; requiring an autonomous physician assistant to comply with specified treatment plan requirements; amending ss. 400.9973, 400.9974, 400.9976, and 400.9979, F.S.; authorizing an autonomous physician assistant to prescribe client admission to a transitional living facility and care for such client, order treatment plans, supervise and record client medications, and order physical and chemical restraints, respectively; amending s. 401.445, F.S.; prohibiting recovery of damages in court against a registered autonomous physician assistant under certain circumstances; requiring an autonomous physician assistant to attempt to obtain a person's consent before providing emergency services; amending ss. 409.906 and 409.908, F.S.; authorizing the agency to reimburse an autonomous physician assistant for providing certain optional Medicaid services; amending s. 409.973, F.S.; requiring managed care plans to cover autonomous physician assistant services; amending s. 429.26, F.S.; prohibiting autonomous physician assistants from having a financial interest in the assisted living facility at , Engrossed 2 which they are employed; authorizing an autonomous physician assistant to examine an assisted living facility resident before admission; amending s. 429.918, F.S.; revising the definition of the term "ADRD participant" to include a participant who has a specified diagnosis from an autonomous physician assistant; authorizing an autonomous physician assistant to provide signed documentation to an ADRD participant; amending s. 440.102, F.S.; authorizing an autonomous physician assistant to collect a specimen for a drug test for specified purposes; amending s. 456.053, F.S.; revising definitions; authorizing an advanced practice registered nurse registered to engage in autonomous practice and an autonomous physician assistant to make referrals under certain circumstances; conforming a cross-reference; amending s. 456.072, F.S.; providing penalties for an autonomous physician assistant who prescribes or dispenses a controlled substance in a certain manner; amending s. 456.44, F.S.; revising the definition of the term "registrant" to include an autonomous physician assistant for purposes of controlled substance prescribing; providing requirements for an autonomous physician assistant who prescribes controlled substances for the treatment of chronic , Engrossed 2 nonmalignant pain; amending ss. 458.3265 and 459.0137, F.S.; requiring an autonomous physician assistant to perform a physical examination of a patient at a pain- management clinic under certain circumstances; amending ss. 458.331 and 459.015, F.S.; providing grounds for denial of a license or disciplinary action against an autonomous physician assistant for certain violations; amending s. 464.003, F.S.; revising the definition of the term "practice of practical nursing" to include an autonomous physician assistant for purposes of authorizing such assistant to supervise a licensed practical nurse; amending s. 464.0205, F.S.; authorizing an autonomous physician assistant to directly supervise a certified retired volunteer nurse; amending s. 480.0475, F.S.; authorizing the operation of a massage establishment during specified hours if the massage therapy is prescribed by an autonomous physician assistant; amending s. 493.6108, F.S.; authorizing an autonomous physician assistant to certify the physical fitness of a certain class of applicants to bear a weapon or firearm; amending s. 626.9707, F.S.; prohibiting an insurer from refusing to issue and deliver certain disability insurance that covers any medical treatment or service furnished by an autonomous physician assistant or an advanced , Engrossed 2 practice registered nurse; amending s. 627.357, F.S.; revising the definition of the term "health care provider" to include an autonomous physician assistant for purposes of medical malpractice self-insurance; amending s. 627.736, F.S.; requiring personal injury protection insurance to cover a certain percentage of medical services and care provided by specified health care providers; providing for specified reimbursement of advanced practice registered nurses registered to engage in autonomous practice or autonomous physician assistants; amending s. 633.412, F.S.; authorizing an autonomous physician assistant to medically examine an applicant for firefighter certification; amending s. 641.495, F.S.; requiring certain health maintenance organization documents to disclose that certain services may be provided by autonomous physician assistants or advanced practice registered nurses; amending s. 744.2006, F.S.; authorizing an autonomous physician assistant to carry out guardianship functions under a contract with a public guardian; conforming terminology; amending s. 744.331, F.S.; authorizing an autonomous physician assistant or a physician assistant to be an eligible member of an examining committee; conforming terminology; amending s. 744.3675, F.S.; authorizing an advanced practice , Engrossed 2 registered nurse, autonomous physician assistant, or physician assistant to provide the medical report of a ward in an annual guardianship plan; amending s. 766.103, F.S.; prohibiting recovery of damages against an autonomous physician assistant under certain conditions; amending s. 766.105, F.S.; revising the definition of the term "health care provider" to include an autonomous physician assistants for purposes of the Florida Patient's Compensation Fund; amending ss. 766.1115 and 766.1116, F.S.; revising the definitions of the terms "health care provider" and "health care practitioner," respectively, to include autonomous physician assistants for purposes of the Access to Health Care Act; amending s. 766.118, F.S.; revising the definition of the term "practitioner" to include an advanced practice registered nurse registered to engage in autonomous practice and an autonomous physician assistant; amending s. 768.135, F.S.; providing immunity from liability for an advanced practice registered nurse registered to engage in autonomous practice or an autonomous physician assistant who provides volunteer services under certain circumstances; amending s. 794.08, F.S.; providing an exception to medical procedures conducted by an autonomous physician assistant under certain , Engrossed 2 circumstances; amending s. 893.02, F.S.; revising the definition of the term "practitioner" to include an autonomous physician assistant; amending s. 943.13, F.S.; authorizing an autonomous physician assistant to conduct a physical examination for a law enforcement or correctional officer to satisfy qualifications for employment or appointment; amending s. 945.603, F.S.; authorizing the Correctional Medical Authority to review and make recommendations relating to the use of autonomous physician assistants as physician extenders; amending s. 948.03, F.S.; authorizing an autonomous physician assistant to prescribe drugs or narcotics to a probationer; amending ss. 984.03 and 985.03, F.S.; revising the definition of the term "licensed health care professional" to include an autonomous physician assistant; amending ss. 1002.20 and 1002.42, F.S.; providing immunity from liability for autonomous physician assistants who administer epinephrine auto-injectors in public and private schools; amending s. 1006.062, F.S.; authorizing an autonomous physician assistant to provide training in the administration of medication to designated school personnel; requiring an autonomous physician assistant to monitor such personnel; authorizing an autonomous physician assistant to determine whether such , Engrossed 2 personnel may perform certain invasive medical services; amending s. 1006.20, F.S.; authorizing an autonomous physician assistant to medically evaluate a student athlete; amending s. 1009.65, F.S.; authorizing an autonomous physician assistant to participate in the Medical Education Reimbursement and Loan Repayment Program; providing appropriations and authorizing positions; providing an effective date.

AI Summary

Committee Categories

Cary Pigman (R)*,  Josie Tomkow (R)*,  Kimberly Daniels (D),  Rick Roth (R), 

Other Sponsors (3)

Died in Appropriations (on 03/14/2020)

Official Document