Definitions, Fire and Emergency Procedures

 

AGENCY FOR PERSONS WITH DISABILITIES

RULE NOS.:RULE TITLES:

65G-2.001Definitions

65G-2.010Fire and Emergency Procedures

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 the Vol. 44 No. 55, March 20, 2018 issue of the Florida Administrative Register and the Notice of Change published in the Vol 44 No. 85, May 1, 2018 issue of the Florida Administrative Register.

 

65G-2.001 Definitions.

For the purposes of this chapter, the term:

(1) through (9) No change.

(10) “Direct Care Core Competency Training” means the training described and mandated by the Florida Medicaid Developmental Disabilities Individual Budget Waiver Services Coverage and Limitations Handbook, which is incorporated by reference in Rule 59G-13.070 59G-13.083, F.A.C.

(11) through (34) No change.

Rulemaking Authority 393.501(1), 393.067 FS. Law Implemented 393.067, 393.13 FS. History‒New 7-1-14, Amended       . 

 

65G-2.010 Fire and Emergency Procedures.

(1) through (4) No change.

(5) INCIDENT REPORTING. In all cases involving known or suspected abuse, neglect or exploitation, the incident shall be reported immediately to the Florida Abuse Hotline as required under Sections 39.201 and 415.1034, F.S. The Provider or Covered person must take immediate action in the situation to resolve the emergency and ensure the individual’s health and safety. This action may include, but is not limited to, calling 911, or performing Cardiopulmonary Resuscitation (CPR) for recipients without a pulse, are not breathing and do not have a Do Not Resuscitate (DNR) Order, or back blows and abdominal thrust maneuvers for choking.  In addition, all incidents must be reported to the Regional Office in the following manner and according to the specified timeframes utilizing the APD Incident Reporting Form APD OP 3-0006, effective May 25, 2018, which is herein incorporated by reference. A copy of this form may be obtained from the Regional Office.

(a) Critical incidents must be reported to the appropriate Regional Office by telephone or in person within 1 hour after facility staff become aware of the incident. If this occurs after normal business hours or on a weekend or holiday the person reporting the incident shall call the Regional Office after-hours designee. If the incident occurs between the hours of 8:00 p.m. and 8:00 a.m., a telephonic or in-person contact must be made with the Regional Office no later than 9:00 a.m. It shall be within the provider’s discretion and judgment to determine the appropriateness of waiting until the following morning. A supervisor may be the one to make the verbal report. Telephonic or in-person contacts should be followed up with the submission of a completed APD Incident Reporting Form to the Regional Office within 1 business day following the critical incident. This form should be faxed, electronically mailed, or personally delivered to the Regional Office. The information contained in the first page must be provided by the person with firsthand knowledge of the incident. Additionally, any and all follow-up measures taken by a Provider or Covered Person to protect a resident or client, gain control or manage the situation must be noted on the second page of the incident reporting form, which may be completed and submitted to the Regional Office at a later date, not to exceed five business days. The measures must specify what actions will be taken to mitigate a recurrence of the same type of incident. Critical incidents include the following:

1. The unexpected death of a resident or client;

2. Any sexual activity, as defined in Section 393.135, F.S., between a covered person and a resident or client regardless of the consent of the resident or client, incidents of nonconsensual sexual activity between residents or clients, sexual activity involving any resident or client who is a minor; and nonconsensual sexual activity between a resident or client and any person in the community.

3. The unexpected absence or unknown whereabouts, beyond one hour, of a resident or client who is a minor or an adult resident or client who has been adjudicated incompetent;

4. A resident or client has sustained a life-threatening injury or illness;

5. Negative news media reports regarding the operation of the facility or the care of residents or clients;

6. The arrest of a resident or client for a violent criminal offense;

7. The arrest of a covered person for a potentially disqualifying offense specified in Section 393.0655, F.S.; or

8. The Department of Children and Families has made a finding of verified abuse, neglect, exploitation, or abandonment by the provider or the provider’s employees.

(b) Other reportable incidents must be reported to the Regional Office within one business day following the incident through the completion of a written incident report which may be faxed, electronically mailed, or personally delivered to the Regional Office. Additionally, any and all follow-up measures taken by a Provider or Covered Person to protect a resident or client, gain control or manage the situation must be noted on the second page of the incident reporting form, which may be completed and submitted to the Regional Office at a later date, not to exceed five business days. Reportable incidents include:

1. The death of a resident or client that does not constitute an unexpected death;

2. Physical altercations occurring between a resident or client and a member of the community, a resident or client and direct service providers, or two or more residents or clients, that results in law enforcement contact;

3. Any injury to a resident or client due to an accident, act of abuse, neglect or other incident that occurs or allegedly occurs while the resident or client is receiving services from a covered person that requires the resident or client to receive medical treatment in an urgent care center, emergency room or physician office setting due to injury that is being reported currently or requires admission to a hospital;

4. The arrest of a resident or client for a non-violent offense while that resident or client is under the care of a provider or covered person;

5. The unexpected absence or unknown whereabouts of a legally competent adult resident or client beyond eight hours;

6. Any act which clearly reflects the physical attempt by a resident or client to cause his or her own death;

7. The commitment of a resident or client to mental health services pursuant to Chapter 394, F.S., also known as the “Baker Act;” or

8. Any sudden onset of illness to a resident or client while receiving services from a covered person that requires the resident or client to receive medical treatment in an urgent care center, emergency room or physician office setting due to sudden onset of illness or requires admission to a hospital.

(c) through (e) No change.

Rulemaking Authority 393.501(1), 393.067 FS. Law Implemented 393.067 FS. History‒New 7-1-14, Amended         .