59A-27.005. Pool Administration

Health care services pools shall meet the following minimum standards of operation:

(1) Each pool, at the time of initial registration and at each registration renewal, shall identify a managing employee who will be responsible for the day-to-day supervision and administration of the pool and shall designate this individual, on the biennial registration application form required in subsection 59A-27.002(1), F.A.C., as the pool’s representative for purposes of any communications with AHCA Home Care Unit. The managing employee must be familiar with the work requirements and the prerequisites for licensure or certification in each of the health care disciplines and specialties for which the pool is providing referrals. Any time there is a change in this position, the pool shall give written notice to AHCA Home Care Unit of such change. Such notice shall be filed with AHCA Home Care Unit with the name of the replacement managing employee as required in paragraph 59A-35.110(1)(c), F.A.C.

(2) Each pool shall establish written procedures for the selection, documentation, screening and verification of credentials for each licensed health care practitioner referred or employed by the pool. At a minimum, these procedures shall require that:

(a) New personnel produce, for inspection by the pool, their current professional license or certification or a certified duplicate of the above, provided by the issuing department;

(b) Prior to the initial referral of each worker to a health care facility, each pool shall confirm the new worker’s licensure or certification with the issuing board or department. This confirmation shall be based upon either on-line verification through consulting the appropriate department web sites, or specific written requests or oral communications with the issuing authority. The worker’s personnel file shall reflect when and how this confirmation was obtained. If obtained from the internet, a printout of the page with the licensure or certification information will suffice. If confirmation was obtained through letter or direct contact, the file shall identify the individual with the issuing authority who provided the confirmation and shall identify who made the inquiry on behalf of the pool; and,

(c) Prior to the initial referral of each worker to a health care facility, the pool must confirm the identity of the worker, using the worker’s current drivers license or other photo identification and his or her professional license or certificate. Each worker shall produce such records for review by the health care facility upon request.

(3) Each pool shall establish written procedures for conducting periodic written performance evaluations of all health care workers. Evaluations shall be conducted at least annually and the pools shall make reasonable attempts to obtain information from health care facilities where the worker has provided services during the last evaluation period. For example, in obtaining this information, it is sufficient for the pool to ask the health care facility’s staff to complete a brief check-off sheet evaluating the worker or for the pool to contact one or more individuals at the health care facility who have been involved with supervising the worker and to obtain their evaluation of the worker’s performance. Each worker’s personnel file shall contain copies of all performance evaluations made by the pool regarding that worker.

(4) Each pool shall establish and maintain a system for the recording and follow-up of all complaints involving the individuals they refer to health care facilities and all such records must be kept in the worker’s personnel file.

(5) Prior to the initial referral of each worker to a health care facility, each pool shall obtain at least two current professional references. Notwithstanding the above, if the pool makes documented efforts to obtain such references but is unable to do so, it may substitute a personal reference in place of one of the required professional references.

(6) Each pool shall prepare a written orientation program which defines the responsibilities of the persons employed or engaged by the pool and shall require all new health care personnel to participate in the program. The orientation program shall, at a minimum, include any information provided by the health care facilities where the workers will be referred and shall include dress codes, safety and emergency procedures, and infection control procedures.

(7) Each pool shall maintain personnel files for each worker and such files shall be available during normal working hours for inspection by the department.

(8) A health care services pool must remain knowledgeable on the current regulations of each of the facility types and entities to which they send personnel to ensure compliance with section 400.980(6), F.S., and only place personnel that meet all the needs and requirements of the facility or entity to which they are being sent. Each pool shall maintain health records on all health care workers who have direct contact with patients and shall require evidence of a physical examination. The pool employee or independent contractor must submit a statement from a health care professional licensed under chapters 458 or 459, F.S., a physician’s assistant, or an advanced practice registered nurse or a registered nurse licensed under chapter 464, F.S., under the supervision of a licensed physician, or acting pursuant to an established protocol signed by a licensed physician, based upon an examination within the last six months, that the employee or contractor is in good health sufficient to provide services to individuals with compromised health. It is the responsibility of the health care services pool to ensure that patients are not placed at risk by pool employees or contractors. Medical information is confidential and must not be disclosed without the specific consent of the person to whom it pertains. The written request to release the physical examination must be kept on file. If a person is found to have a communicable disease that could be casually transmitted, that person shall be removed from contact with patients until a physician’s statement, indicating that the person no longer has a communicable disease that can be casually transmitted.

(9) Each pool shall refer workers only for services to which they are qualified by their licensure and experience. Failure to exercise due care in the placement of a health care professional or knowingly referring a worker to an assignment to which he or she is not qualified, shall be grounds for revocation of registration or civil penalties, or both.

(10) Each pool shall, upon receiving such information, inform the health care facility if the licensed or certified professional worker being referred to the facility is on probation with their professional licensing board or commission. The pool shall also advise the licensed or certified professional that their probationary status has been given to the health care facility.

(11) The failure to comply with the financial responsibility law, section 400.980(7), F.S., and these rules, the furnishing of false or misleading information, the failure to timely notify the AHCA of a change in status, or the failure to document compliance with the financial responsibility law upon request by the AHCA shall be grounds for disciplinary action, including fines or registration revocation, or both.

Rulemaking Authority 400.980, 408.819 FS. Law Implemented 400.980 FS. History–New 8-2-90, Formerly 7G-1.015, Amended 10-17-94, Formerly 61E6-1.015, 64B22-1.005, Amended 6-27-02, 8-28-14.