The Agency proposes to revise rules 59A-36.007, 36.008 and 36.028, F.A.C., pursuant to HB 767 (2020) which amended sections 429.41, 426.256, and 429.52, F.S., respectively, to provide for the use of physical restraints, ....  

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    AGENCY FOR HEALTH CARE ADMINISTRATION

    Health Facility and Agency Licensing

    RULE NOS.:RULE TITLES:

    59A-36.007Resident Care Standards

    59A-36.008Medication Practices

    59A-36.028ALF Minimum Core Training Curriculum Requirements

    PURPOSE AND EFFECT: The Agency proposes to revise rules 59A-36.007, 36.008 and 36.028, F.A.C., pursuant to HB 767 (2020) which amended sections 429.41, 426.256, and 429.52, F.S., respectively, to provide for the use of physical restraints, the option for a resident to waive being orally advised of medication names and dosages, and the establishment of requirements by rule for core trainer registration and removal.

    SUBJECT AREA TO BE ADDRESSED: The Agency proposes to revise rules 59A-36.007, 36.008 and 36.028, F.A.C., pursuant to HB 767 (2020) to include specifications for a care plan, staff monitoring, and periodic review by a physician pertaining to use of physical restraints, clarification for coordination of third party services and infection control procedures, creation of a new waiver form for ALF residents that wish to opt out of being orally advised of medication names and dosages and requirements for core trainer registration and removal.

    RULEMAKING AUTHORITY: 429.41, 429.41, 429.52, FS.

    LAW IMPLEMENTED: 429.255, 429.26, 429.28, 429.41, 429.52, FS.

    A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

    DATE AND TIME: Thursday, December 17, 2020, 10:00 a.m. – 11:00 a.m.

    PLACE: No public face-to-face meeting. This workshop will be conducted via teleconference. Participate by dialing the Open Voice conference line, 1(888)585-9008, and then enter the conference room number followed by the pound sign, 476-211-242#. The agenda and related materials can be found on the web at: https://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Rulemaking.shtml.

    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 3 days before the workshop/meeting by contacting: Jeremy.roberts@ahca.myflorida.com, Bureau of Health Facility Regulation, 2727 Mahan Drive, MS 28A, Tallahassee, Florida, 32308, (850)412-4432. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Keisha Woods, (850)412-4444, email: Keisha.woods@ahca.myflorida.com.

     

    THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.

     

Document Information

Purpose:
The Agency proposes to revise rules 59A-36.007, 36.008 and 36.028, F.A.C., pursuant to HB 767 (2020) which amended sections 429.41, 426.256, and 429.52, F.S., respectively, to provide for the use of physical restraints, the option for a resident to waive being orally advised of medication names and dosages, and the establishment of requirements by rule for core trainer registration and removal.
Rulemaking Authority:
429.41, 429.41, 429.52, F.S.
Law:
429.255, 429.26, 429.28, 429.41, 429.52, F.S.
Related Rules: (3)
59A-36.007. Resident Care Standards
59A-36.008. Medication Practices
59A-36.028. ALF Minimum Core Training Curriculum Requirements