Definitions, Licensure Requirements, Procedures, and Fees, Certified Nursing Assistant and Home Health Aide
Health Facilities and Agency Licensing
RULE NOS.:RULE TITLES:
59A-18.002Definitions
59A-18.004Licensure Requirements, Procedures, and Fees
59A-18.0081Certified Nursing Assistant and Home Health Aide
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule referenced above in accordance with subparagraph 120.54(3)(d)1., Florida Statutes, published in the Vol. 32, No. 6, February 10, 2006, issue of the Florida Administrative Weekly, and the Notice of Change published in the Vol. 32, No. 18, May 5, 2006, issue of the Florida Administrative Weekly. The changes are made to address comments received from the Joint Administrative Procedures Committee.
The changes are as follows:
59A-18.002 Definitions.
(1)“Administrator” means managing employee, or other similarly titled individual who is responsible for the daily operation of the nurse registry, pursuant to s. 400.506 and 400.512, F.S.
59A-18.004 Licensure Requirements, Procedures, and Fees.
1. Paragraph (4) shall now read:
(4) An initial licensure application shall include: Initial licensure – An application for an initial license to operate a nurse registry shall be submitted for a new operation or change of licensee accompanied by a non-refundable license fee of $2,000 for each site in operation to be licensed, and must be submitted and signed under oath on AHCA Form 3110-7001, Nurse Registry Application for Initial License, Revised May 2006 December 2005, which is incorporated by reference, provided by the agency, and shall include:
(a) through (h) No change.
(i) A signed Affidavit of Compliance with Screening Requirements, AHCA Form 3110-1014, Revised May 2006, incorporated by reference, from the administrator, stating that the administrator, the financial officer, and each direct care contractor who enters the home of patients or clients and who was registered with the nurse registry on or after October 1, 2000 has been screened in accordance with level 1 standards for good moral character and that the remaining contractors have been continuously registered with the nurse registry since before October 1, 2000, pursuant to Section 400.512(2), F.S.
1. Screening for the administrator, or similarly titled individual who is the managing employee responsible for the daily operation of the nurse registry, and for the financial officer, or similarly titled individual who is responsible for the financial operation of the nurse registry, including billings for patient care and services, shall be in accordance with level 2 standards for screening set forth in Chapter 435 and in accordance with Section 400.506(2), F.S. The fingerprint card for level 2 screening for the administrator and the financial officer can be obtained from, and must be submitted to, the Agency for Health Care Administration, Licensed Home Health Programs Unit, 2727 Mahan Drive, Mail Stop 34, Tallahassee, Florida 32308. Screening processing fees for level 2 screening shall be made payable to the Agency for Health Care Administration.
2. Level 1 screening, shall be done in accordance with screening standards as provided in chapter 435, F.S., and as required in Section 400.512, F.S., for each contractor. shall consist of:
a. Submission of the Level 1 Criminal History Request, AHCA Form 3110-002, Revised July 2005, incorporated by reference, to the Background Screening Unit, AHCA, 2727 Mahan Drive – Mail Stop 40, Tallahassee, Florida 32308 or to the Florida Department of Law Enforcement, Crime Information Bureau, Post Office Box 1489, Tallahassee, Florida 32302.
b. This form may be obtained at the Agency for Health Care Administration web site, http://ahca.myflorida.com, at the Background Screening Unit page. The cost of processing the criminal records check shall be borne by the nurse registry or the contractor being screened, at the determination of the administrator of the nurse registry. The checks for level 1 screening shall be made payable to AHCA when forms are submitted to the Background Screening Unit at AHCA for the criminal records check. When forms are submitted to the Florida Department of Law Enforcement, the check shall be made payable to the Florida Department of Law Enforcement.
(j) through (m) No change.
2. The form referenced in subsection (4), AHCA Form 3110-7001, Nurse Registry Application for Initial License, Revised May 2006, is revised as follows:
Three items are deleted from the application checklist cover page: completion of the Affidavit of Good Moral Character, AHCA Form 3110-0001; submission of proof of liability insurance; and submission of a plan for hiring independent contractors.
The following items are changed on the application checklist cover page: the AHCA Form 3110-1014 is changed from an Affirmation to an Affidavit of Compliance with Screening Requirements; the opening statement is changed to show that all direct care staff contracted with have been screened using the level 1 standards rather than meeting the minimum standards of good moral character, and shows a revised date of May 2006; the AHCA Form 3110-1015, Volunteer Board Member Statement, shows a revised date of May 2006 since a statement is added specifying that the form is only required from not for profit entities and referencing the statutes authorizing completion of this form; the proof of employer identification number from the IRS is added since it is already requested on Page 2 of the form; and the resume of the Alternate Administrator is added since it is already requested on Page 3 of the form.
The date of birth and the educational background for the Administrator is deleted on Page 3. The date of birth is not required and the educational background is included on the resume that is already required to be submitted with the application.
On Page 7, Item VII, Affidavit, the statement by the applicant has been changed to “state” rather than “swear (or affirm)”; a statement quoting Section 837.06, F.S., is added and the notary section is changed to “Acknowledged” rather than “Subscribed and sworn to or affirmed”.
3. Subsection (7) shall now read:
(7) An application for renewal of a registry license shall be submitted, as referenced in Section 400.506(5), F.S., not less than 60 days prior to expiration of the license. The submission shall be on AHCA Form 3110-7004, Nurse Registry Application for Renewal of License, May 2006 December 2005, incorporated by reference, and shall include a renewal fee of $2,000. The application shall include: All of the information required by paragraphs (4)(a) through (i)(m) above.
4. The referenced form in subsection (7), Nurse Registry Application for Renewal of License, AHCA Form 3110-7004, May 2006, is revised as follows:
Two items are deleted from the application checklist cover page: completion of the Affidavit of Good Moral Character, AHCA Form 3110-0001; and submission of evidence of current liability insurance.
The following items are changed on the application checklist cover page: the AHCA Form 3110-1014 is changed from an Affirmation to an Affidavit of Compliance with Screening Requirements; the opening statement is changed to show that all direct care staff contracted with have been screened using the level 1 standards rather than meeting the minimum standards of good moral character, and shows a revised date of May 2006; and the AHCA Form 3110-1015, Volunteer Board Member Statement, shows a revised date of May 2006 since a statement is added specifying that the form is only required from not for profit entities and referencing the statutes authorizing completion of this form.
The date of birth and the educational background for the Administrator is deleted on Page 3. The date of birth is not required and the educational background is included on the resume that is already required to be submitted with the application.
Information on independent contractors and numbers of non-licensed personnel contracted, Item III B on Page 4, is deleted from the form.
“5% or more percent” is inserted in Item IV C, Business Identification, for ownership information.
On Page 7, Item VII, Affidavit, the statement by the applicant has been changed to “state” rather than “swear (or affirm)”; a statement quoting Section 837.06, F.S., is added and the notary section is changed to “Acknowledged” rather than “Subscribed and sworn to or affirmed”.
59A-18.0081 Certified Nursing Assistant and Home Health Aide.
1. Subsection (2) shall now read:
(2) Be responsible for documenting services provided to the patient or client and for filing said documentation with the nurse registry on a regular basis. These service logs will be stored by the nurse registry in the client’s file, along with a record of requested registered nurse visits. The service logs shall include the name of the patient or client and a listing of the services provided;
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Jan Benesh, Licensed Home Health Programs Unit, Bureau of Health Facility Regulation, Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 34, Tallahassee, Florida 32308, beneshj@ahca.myflorida.com.
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