Definitions, Admission and Appropriateness of Placement

DEPARTMENT OF ELDER AFFAIRS
Federal Aging Programs

RULE NO: RULE TITLE
58A-14.002: Definitions
58A-14.0061: Admission and Appropriateness of Placement

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. 35 No. 49, December 11, 2009 issue of the Florida Administrative Weekly.

These changes are being made as a result of the review of the proposed rule by the Joint Administrative Procedures Committee.

CORRECTION: The correct date for the publication of the notice of rule development is December 12, 2008, not December 12, 2009.

58A-14.002 Definitions.

The following terms or phrases are defined in Section 429.65, F.S., and are applicable to this rule chapter: activities of daily living (ADLs), adult family-care home (AFCH), agency (AHCA), aging in place, appropriate placement, chemical restraint, department, disabled adult, frail elder, personal services or personal care, provider, relative, relief person, and resident. Additional definitions applicable to this rule chapter are as follows:

(1) through (14) No change.

(15) “Person” means solely the licensee to whom the agency has issued the AFCH license.

(15) through (16) No change.

(17)(18) “Reside” or “resides” means the licensee or applicant lives in the AFCH as a primary residence. For purposes of this rule chapter, any two of the following documents, which include the name of the licensee or applicant and the AFCH address, are accepted by the agency as proof that the licensee or applicant physically lives in the AFCH:

(a) through (c) No change.

(17) through (19) renumbered (18) through (20) No change.

Rulemaking Specific Authority 429.67, 429.73 FS. Law Implemented 429.65, 429.67, 429.71, 429.73 FS. History–New 5-14-86, Amended 2-2-95, Formerly 10A-14.002, Amended 9-19-96, 6-6-99,________.

 

58A-14.0061 Admission Procedures, Appropriateness of Placement and Continued Residency Requirements.

(1) through (3) No change.

(4) DO NOT RESUSCITATE ORDERS ADVANCE DIRECTIVES:

(a) Each adult family-care home (AFCH) must have written policies and procedures, which delineate the AFCH’S position with respect to the state law and rules relative to do not resuscitate orders (DNROs) advance directives. The policies shall not condition treatment or admission upon whether or not the individual has executed or waived an DNRO advance directive. In the event of conflict between the AFCH’s policies and procedures and the resident’s DNRO advance directive, provision should be made in accordance with Chapter 765, F.S.

(b) The AFCH’s policy must shall include:

1. No change.

2. At the time of admission, providing each resident, or the resident’s representative, with written information concerning the AFCH’s policies regarding DNROs resuscitation and advance directives, including information concerning DH Form 1896, Florida Do Not Resuscitate Order Form, incorporated by reference in Rule 64E-2.031, F.A.C.

3. At the time of admission, providing each resident, or the resident’s representative, with written information concerning the AFCH’s policies respecting DNROs advance directives.

4. The requirement that documentation of whether or not the resident has executed an DNRO advance directive must be contained in the resident’s record. If an DNRO advanced directive has been executed, a copy of that document must be made a part of the resident’s record. If the AFCH does not receive a copy of the DNRO advanced directive for a resident, the AFCH must document in the resident’s record that it has requested a copy.

5. An AFCH shall be subject to revocation of its license pursuant to Section 408.815, F.S., if the AFCH, as a condition of treatment or admission, requires an individual to execute or waive an DNRO advance directive, pursuant to Section 765.110, F.S.

(c) No change.

(5) through (7) No change.

Rulemaking Specific Authority 429.73 FS. Law Implemented 429.65, 429.73, 429.85 FS. History–New 2-2-95, Formerly 10A-14.0061, Amended 9-19-96, 6-6-99, 1-1-04, 4-29-08,________.