58A-5.0181: Admission Procedures, Appropriateness of Placement and Continued Residency Criteria
58A-5.0185: Medication Practices
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment to Rule 58A-5.0181, F.A.C., are to remove references of Adult Family-Care Homes (AFCHs) from the rule language and the health assessment form incorporated by reference in the rule. The form is currently entitled, AHCA Form 1823, Resident Health Assessment for Assisted Living Facilities and Adult Family-Care Homes, April 2010. The amendment will change the rule language and form to read, AHCA Form 1823, Resident Health Assessment for Assisted Living Facilities. The purpose and effect of the proposed rule amendment to Rule 58A-5.0185, F.A.C., are to require that a licensed nurse must have an order from a licensed health care provider when dispensing over-the counter (OTC) products.
SUMMARY: Rule 58A-5.0181, F.A.C., amends language to remove references of Adult Family-Care Homes (AFCHs) from the rule language and the health assessment form incorporated by reference in the rule. Rule 58A-5.0185, F.A.C., amends rule language to require that OTC products administered by a licensed nurse must have an order from a licensed health care provider.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The proposed rule amendments will not have an impact on small employers as defined in Section 288.703, F.S., or small cities or counties as defined in Section 120.52, F.S.; therefore, a statement of estimated regulatory cost has not been prepared.
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.
SPECIFIC AUTHORITY: 429.07, 429.256, 429.41 FS.
LAW IMPLEMENTED: 429.07, 429.255, 429.256, 429.26, 429.41 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: September 1, 2010, 10:00 a.m. 11:00 a.m. EST.
PLACE: Department of Elder Affairs, Conference Room 225F, 4040 Esplanade Way, Tallahassee, Florida 32399-7000
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 72 hours before the workshop/meeting by contacting: Jim Crochet, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Tallahassee, Florida 32399-7000; telephone number: (850)414-2113; Email address: crochethj@elderaffairs.org. 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 IS: Jim Crochet, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Tallahassee, Florida 32399-7000; telephone number: (850)414-2113; Email address: crochethj@elderaffairs.org
THE FULL TEXT OF THE PROPOSED RULE IS:
58A-5.0181 Admission Procedures, Appropriateness of Placement and Continued Residency Criteria.
(1) No change.
(2) HEALTH ASSESSMENT. As part of the admission criteria, an individual must undergo a face-to-face medical examination completed by a licensed health care provider, as specified in either paragraph (a) or (b) of this subsection.
(a) No change.
(b) A medical examination completed after the residents admission to the facility within 30 calendar days of the admission date. The examination must be recorded on AHCA Form 1823, Resident Health Assessment fFor Assisted Living Facilities, and Adult Family-Care Homes,________April 2010. The form is hereby incorporated by reference. A faxed copy of the completed form is acceptable. A copy of AHCA Form 1823 may be obtained from the Agency Central Office or its website at www.fdhc.state.fl.us/MCHQ/Long_Term_Care/Assisted_living/pdf/AHCA_Form_1823%.pdf. The form must be completed as follows:
1. through 2. No change.
3. ALF providers may continue to use AHCA Form 1823, April 2010, for up to six months after the effective date of this rule amendment. After that date, providers must use AHCA Form 1823, ________, 2010.
(c) through (g) No change.
(3) through (5) No change.
Rulemaking Authority 429.07, 429.41 FS. Law Implemented 429.07, 429.26, 429.41 FS. HistoryNew 9-17-84, Formerly 10A-5.181, Amended 10-20-86, 6-21-88, 8-15-90, 9-30-92, Formerly 10A-5.0181, Amended 10-30-95, 6-2-96, 10-17-99, 7-30-06, 10-9-06, 4-15-10,________.
58A-5.0185 Medication Practices.
Pursuant to Sections 429.255 and 429.256, F.S., and this rule, licensed facilities may assist with the self-administration or administration of medications to residents in a facility. A resident may not be compelled to take medications but may be counseled in accordance with this rule.
(1) through (7) No change.
(8) OVER THE COUNTER (OTC) PRODUCTS. For purposes of this subsection, the term OTC includes, but is not limited to, OTC medications, vitamins, nutritional supplements and nutraceuticals, hereafter referred to as OTC products, which can be sold without a prescription.
(a) through (c) No change.
(d) A facility cannot require a licensed health care providers order for all OTC products when a resident self-administers his or her own medications, or when staff provides assistance with self-administration or administration of medications pursuant to Section 429.256, F.S. A licensed health care providers order is required when a licensed nurse provides assistance with self-administration or administration of medications, which includes OTC products. When such an order for an OTC product exists, only the requirements of paragraphs (b) and (c) of this subsection are required.
Rulemaking Authority 429.256, 429.41 FS. Law Implemented 429.255, 429.256, 429.41 FS. HistoryNew 10-17-99, Amended 7-30-06, 4-15-10,________.
