Definitions, Licensure Procedures, Investigations and License, Life Safety and Validation Inspections, Informed Consent, Physical Environment, Water Supply and Fire Safety
AGENCY FOR HEALTH CARE ADMINISTRATION
Health Facility and Agency Licensing
RULE NOS.:RULE TITLES:
59A-11.002Definitions
59A-11.003Licensure Procedures
59A-11.004Investigations and License, Life Safety and Validation Inspections
59A-11.010Informed Consent
59A-11.023Physical Environment, Water Supply and Fire Safety
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 245, December 19, 2013 issue of the Florida Administrative Register.
The following sections of the proposed rule will be changed to read:
59A-11.002 Definitions.
(1) through (6) No change.
Rulemaking Authority 383.309 FS. Law Implemented 383.307, 383.308, 383.309 FS. History–New 3-4-85, Formerly 10D-90.02, 10D-90.002, Amended 9-17-96,___________.
59A-11.003 Licensure Procedures.
(1) All persons contemplating the operation of a birth center under the provision of Chapter 383, F.S., shall make application to the Agency on the Health Care Licensing Application, Birth Center, AHCA Form 3130-3001, September 2013, Health Care Licensing Application Birth Center, which is incorporated by reference, and shall receive a standard or provisional license prior to the acceptance of clients. The form is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX and available from the Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 31, Tallahassee, Florida 32308, or at the web address at: http://ahca.myflorida.com/HQAlicensureforms http://ahca.myflorida.com/MCHQ/Corebill/index.shmtl.
(2) through (6) No change.
(7) Upon receipt of a complete application, the Agency shall conduct a survey to determine compliance with Chapters 383 and 408, F.S., and Chapters 59A-11 and 59A-35 Rules 59A-11.002-.031, F.A.C.
(8) No change.
Rulemaking Authority 383.305, 383.309, 408.805, 408.819 FS. Law Implemented 383.305, 408.805, 408.806, 408.809, 408.810 FS. History–New 3-4-85, Formerly 10D-90.03, 10D-90.003, Amended 9-27-94, 2-12-96, 9-17-96,___________.
59A-11.010 Informed Consent.
(1) through (1)(d) No change.
(2) The birth center clinical staff shall obtain the client’s written consent for birth center services using form “Consent to Deliver in a Birth Center”, AHCA Form 3130-3003,November 2013, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX and available from the Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 31, Tallahassee, Florida 32308, or at the web address at: http://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Hospital_Outpatient/birthing.shtml http://ahca.myflorida.com/MCHQ/Health_Facility_Regulation_Hospital_Outpatient/birthing.shtml.
(3) No change.
59A-11.023 Physical Environment, Water Supply and Fire Safety.
(1) All birth centers shall comply with all design and construction standards for birth centers as required by the Florida Building Code.
(2) through (3) No change.
(4) Insect and Rodent Control. Facilities shall be kept free of all insects and rodents. All outside openings shall be effectively sealed or screened with sixteen mesh screening or equivalent to prevent entry of insects or rodents. All pesticides used to control insects or rodents shall be applied as required by the label directions for use and as required by Chapter 482, F.S. in accordance with instructions on the registered product label. Persons applying restricted use pesticides shall be certified by the department. Facilities not having certified pest control operators shall utilize commercial licensed pest control companies when using restricted use pesticides.
(5) through (6) No change.
(7) Sewage Disposal.
(b) All sanitary facilities shall comply with the requirements of the Florida Building Code.
(c) All plumbing shall comply with the requirements of the Florida Building Code.
(8) Waste Disposal.
(b) If public or contract garbage collection service is available, the facility shall subscribe to these services unless the volume makes on-site disposal feasible. If garbage and trash are disposed of on premises, the method of disposal shall be operated in a manner as required by not create sanitary nuisance conditions and shall comply with provisions of Chapters 62-701 and 64E-15, F.A.C.
The following changes have been made to the Application Checklist on the Health Care Licensing Application, Birth Center, AHCA Form 3130-3001, Revised September 2013:
Application Checklist Footer:
The web address in the footer has been changed to http://ahca.myflorida.com/HQAlicensureforms.
On Pg. 1
Web address has been changed to http://ahca.myflorida.com/HQAlicensureforms.
On Pg. 1, Section A:
The words “or provisional certificate of authority” have been added.
The following changes have been made to the Health Care Licensing Application, Birth Center, AHCA Form 3130-3001, Revised September 2013:
Application Footer:
The web address in the footer has been changed to http://ahca.myflorida.com/HQAlicensureforms.
On Pg. 2, Section 2. Application Fees:
The words “In accordance with Section 408.806(2)(d),F.S., the licensee’s failure to timely file a renewal application and license application fee with the agency shall result in a $50 per day late fee charged to the licensee by the agency; however, the aggregate amount of the late fee may not exceed 50 percent of the licensure fee or $500, whichever is less.” have been added.
On Pg. 4, Section 5. Required Disclosure:
In section A., (5) has been removed from Section 408.809, F.S.
On Pg. 5, Section 5. Required Disclosure:
In section C., the second and third questions have been removed and replaced with the following:
“(Yes/No) Terminated for cause from the Medicare program or a state Medicaid program.
If yes, has applicant been in good standing with the Medicare program or a state Medicaid program for the most recent 5 years and the termination occurred at least 20 years before the date of the application. (Yes/No)”
On Pg. 6, Section 9. Affidavit
In the first paragraph, (5) has been removed from Section 408.809, F.S.
The second paragraph has been replaced with the words “In addition, I attest that all employees subject to Level 2 screening standards are in compliance with Section 435.05(2), F.S.”
