58A-6.006. Governing Authority, Administration and Staffing

(1) The Center shall have a Governing Authority which shall establish policies in compliance with this rule chapter. Governing Authority, as defined in this rule chapter, may consist of one or more people, and designation of its membership or composition shall be determined by the Owner or Operator. The Governing Authority shall be responsible for ensuring compliance with standards requiring that:

(a) Admission criteria shall be determined by the Owner, Operator or Governing Authority and it may limit Participant eligibility to adults with Functional Impairments, in need of a protective environment or a program of therapeutic social and health activities and services as defined in this rule chapter. The Operator will assure that the admission of each Participant shall be reviewed within the confines of specific requirements set forth below:

1. Within forty-five days prior to admission to the Center, each person applying to be a Participant shall provide a statement signed by a physician licensed under Chapters 458 and 459, F.S., a Florida licensed health care provider under the direct supervision of a physician, or a county public health unit. The statement must be signed within forty-five days prior to admission to the Center, and must state that the applicant is free from tuberculosis in the communicable form and free from signs and symptoms of any other communicable disease. Any Participant who is diagnosed as having a communicable disease shall be excluded from participation until deemed non-infectious. However, Participants who have Human Immunodeficiency Virus (HIV) infection may be admitted to the Center, provided that they would otherwise be eligible according to this rule.

2. No Participant shall be admitted or retained in a Center if he or she requires services from the Center that are beyond those that the Center is licensed to provide.

3. No Participant who requires medication during the time spent at the Center and who is incapable of self-administration of medication shall be admitted or retained unless there is a Staff member licensed according to Florida law to administer medications who will provide this service. A person licensed according to Florida law includes: a physician licensed under Chapters 458 and 459, F.S.; an advanced registered nurse practitioner certified under Chapter 464, F.S.; a dentist licensed under Chapter 466, F.S.; a registered nurse or licensed practical nurse licensed under Chapter 464, F.S.; or a physician’s assistant, licensed under Chapter 458, F.S.

(b) Provision is made for a safe physical plant equipped and staffed to maintain the Center and services provided as defined in this rule chapter.

(2) The Governing Authority shall ascertain that the Owner or Operator or the designated responsible person shall be on the premises during the Center’s hours of operation.

(3) Each Center shall be under the administrative control of the Operator or Assistant Operator. The Operator may supervise more than one Center, provided that a qualified, responsible Assistant Operator, duly appointed in writing, is in charge of each facility during the Operator’s absence.

(4) The Center shall employ qualified Staff to provide the services, personal assistance and safety measures required by the Participants.

(5) The Owner or Operator shall:

(a) Develop a written job description for each Staff member containing a list of qualifications, duties, responsibilities and accountability required of each Staff member.

(b) Establish and maintain a personnel file for each Staff member to include:

1. Name, home address, phone number;

2. Education and experience;

3. Job assignment;

4. Evaluation of performance at least yearly;

5. Dates of employment and termination;

6. Character references, including former employers and supervisors;

7. A signed statement from a Florida licensed physician, a Florida licensed health care provider under the direct supervision of a physician, or a county public health unit, that the employee is free from tuberculosis in a communicable form, and free from apparent signs and symptoms of other communicable diseases. The statement must be signed no less than forty-five days prior to beginning work in the Center.

8. Training certificates or copies of training certificates as required by subsection 58A-6.016(7), F.A.C.

(6) The Owner or Operator shall also be responsible for the administration of all components of the facility and accountable for the implementation and enforcement of all policies and procedures, standards of care, and program development in accordance with the social, physical and mental capabilities and needs of the Participants served.

(7) The Owner or Operator shall ensure that each employee:

(a) Maintains personal cleanliness and hygiene;

(b) Refrains from abusive, immoral or other unacceptable conduct such as the use of alcohol, illegal use of narcotics or other impairing drugs, and behavior or language which may be injurious to Participants;

(c) Who is diagnosed as having a communicable disease after beginning work in the Center shall be excluded from working until deemed non-infectious in the work setting.

(8) The Owner or Operator or Assistant Operator shall be responsible for enforcing the following minimum personnel staffing for Adult Day Care Centers and shall designate substitute Staff to be available in emergencies.

(a) A minimum Staff ratio of one Staff member who provides direct services for every six Participants shall be present in the Center at all times.

(b) No less than two Staff members, one of whom has a certification in an approved first aid course and CPR, shall be present in the Center at all times.

(c) At all times staffing shall be maintained to meet the needs of the Participants as required by the Participant Files, including Centers which serve persons with Alzheimer’s disease and related disorders, persons with physical handicaps, or other special target populations.

(d) The Owner or Operator may serve in dual capacity as a registered nurse, occupational therapist, physical therapist, speech-language pathologist, or social worker, if licensed as required by Florida law and qualified to provide such services.

(e) The Owner or Operator may be counted as one of the required Staff members provided the Owner or Operator provides direct services and is included in the work schedule for the Center. However, the Owner or Operator shall not be counted more than once in the Staff/Participant ratio, calculated on the basis of daily census.

(9) Center Staff whose conduct constitutes abuse, neglect, or exploitation of a Participant shall immediately be terminated from employment and shall be reported to the Department of Children and Families in accordance with Section 415.103, F.S.

(10) No administrator who has been terminated pursuant to the provisions of subsection (9) shall accept employment in an Adult Day Care Center and no Owner or Operator of a Center shall knowingly employ any person who has been terminated pursuant to subsection (9).

(11) The Governing Authority shall establish policies and procedures to facilitate reporting of abuse, neglect or exploitation as defined in Section 415.102, F.S. and in accordance with Section 415.103, F.S., and shall ensure that the statewide toll free telephone number of the Department of Children and Families central abuse hotline, accompanied by the words “To Report the Abuse, Neglect, or Exploitation of an Elderly or Disabled Person, Please Call the Toll Free Number 1(800)96-ABUSE” is posted in a prominent place in the Center and made clearly visible.

Rulemaking Authority 429.929 FS. Law Implemented 429.929 FS. History–New 7-8-81, Amended 2-27-84, Formerly 10A-6.06, 10A-6.006, 59A-16.006, Amended 11-9-95, 3-29-98, 10-23-01, 8-3-15.