The Board proposes the rule amendment to clarify responsibilities for education providers and course instructors.

 

DEPARTMENT OF HEALTH

Board of Nursing

RULE NO.:RULE TITLE:

64B9-15.0025CNA Medication Administration

PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify responsibilities for education providers and course instructors.

SUMMARY: Responsibilities for education providers and course instructors will be clarified.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 400.211(5), 464.2035(3) FS.

LAW IMPLEMENTED: 400.211(5), 464.0156, 464.2035 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe Baker, Jr., Executive Director, Board of Nursing, 4052 Bald Cypress Way, Bin #C02, Tallahassee, Florida 32399; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B9-15.0025 CNA Medication Administration.

With the exception of those aspects of medication administration deemed outside the scope of practice of the certified nursing assistant by Rule 64B9-15.0026, F.A.C., and subject to the approval of the home health agency with whom the certified nursing assistant is employed or the approval of the nursing home facility with whom the certified nursing assistant is employed as a qualified medication aide, any certified nursing assistant who meets the requirements of this rule is authorized to administer medications to a patient of a home health agency or to a resident of a nursing home facility, respectively, as delegated by a registered nurse and as further described in this rule.

(1) through (4) No change.

(5) Education Providers: The certified nursing assistant medication administration training courses in subsections 64B9-15.0025(2) and (4), F.A.C., must be sponsored by a provider of continuing education courses approved by the Board pursuant to Rule 64B9-5.005, F.A.C. To be qualified to teach any such course, the instructor must be a currently licensed registered nurse in good standing in this state, have at least one year of experience teaching adults, and at least one year of professional nursing experience, including one year home health care or one year nursing home facility experience, as appropriate, and the supervision of certified nursing assistants. The education provider or course instructor is will be responsible for issuing a certificate verifying completion of the requisite number of hours and course content. In addition, all of the training under subsections 64B9-15.0025(2) and (4), F.A.C., must be through in-person instruction.

(6) through (8) No change.

Rulemaking Authority 400.211(5), 464.2035(3) FS. Law Implemented 400.211(5), 464.0156, 464.2035 FS. History–New 7-15-21, Amended 3-13-24,                          .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Nursing

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Nursing

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 5, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 15, 2024