The Agency is proposing to amend Rule 59A-4.110, F.A.C., Dietary Services to change the title of the rule to be congruent with the federal language and specify the requirements for food and nutrition services.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-4.110Dietary Services

PURPOSE AND EFFECT: The Agency is proposing to amend Rule 59A-4.110, F.A.C., Dietary Services to change the title of the rule to be congruent with the federal language and specify the requirements for food and nutrition services.

SUMMARY: Rule 59A-4.110, F.A.C., outlines the requirements for Food and Nutrition Services. The Agency proposes to change the title of the rule to be congruent with the federal language and specify the requirements for food and nutrition services.

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: A SERC has not been prepared by the agency. For rules listed where no SERC was prepared, the Agency prepared a checklist for each rule to determine the necessity for a SERC. Based on this information at the time of the analysis and pursuant to section 120.541, Florida Statutes, the rule will not require legislative ratification.

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: 400.141, 400.23, FS.

LAW IMPLEMENTED: 400.23, FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: November 21, 2022 2:00 p.m. – 3:00 p.m.

PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Tallahassee, Florida 32308. Building 3, Conference Room C. You may also participate by dialing the Open Voice conference line, 1(888)585-9008, then enter the conference room number followed by the pound sign, 998-518-088#. The agenda and related materials will be posted prior to the workshop on the web at:

https://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Rulemaking.shtml.

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 3 days before the workshop/meeting by contacting: Jacqueline Williams, Long Term Care Services Unit, 2727 Mahan Drive, Tallahassee, Florida, [phone]. 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: Jacqueline Williams, [phone] email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-4.110 Food and Nutrition Dietary Services.

(1) The Administrator must designate one full-time person as a Director of Food and Nutrition Services. In a facility with a census of 61 or more residents, the duties of the Director of Food Services must not include food preparation or service on a regular basis.

(2) The Director of Food and Nutrition Services must either be a qualified dietitian or qualified Director of Food and Nutrition Services.  If the Director of Food and Nutrition Services is not a qualified dietitian, the facility shall obtain consultation from a qualified dietitian.  A qualified dietitian is a licensed dietitian in the State of Florida one who: meets the requirements in Title 42 Code of Federal Regulations (CFR) subsection 483.60(a)(1).  The qualified dietitian functions at a minimum include:

(a)  Assessing the nutritional needs of residents;

(b)  Developing and evaluating regular and therapeutic diets, including texture of foods and liquids, to meet the specilized needs of residents;

(c)  Developing and implementing person-centered education programs involving food and nutrition services for all facility staff;

(d)  Overseeing the budget and purchashing of food and supplies, and food preparation, service and storage; and

(e)  Participating in the quality assurance program, when food and nutrition services are involved.

(a) Is a registered dietitian or nutritionist as defined by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics; or

(b) Has a baccalaureate degree with major studies in food and nutrition, dietetics, or food service management, as defined by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics, has one year of supervisory experience in the dietetic service of a health care facility, and participates annually in continuing dietetic education.

(3) A Director of Food and Nutrition Services shall be a person who: meets the requirements in Title 42 Code of Federal Regulation (CFR) subsection 483.60(a)(2).

(a) Is a qualified dietitian as defined in paragraphs 59A-4.110(2)(a), (b), F.A.C.; or

(b) Has successfully completed a college or university degree program which meets the education standard established by the Academy of Nutrition and Dietetics for a Dietetic Technician, Registered; or

(c) Has successfully completed a Dietetic Assistant correspondence or class room training program, approved by the Academy of Nutrition and Dietetics; or

(d) Has successfully completed a course offered by an accredited college or university that provided 90 or more hours of correspondence or classroom instruction in food service supervision, and has prior work experience as a Dietary Supervisor in a health care institution with consultation from a qualified dietitian; or

(e) Has training and experience in food service supervision and management in the military service equivalent in content to the program in paragraphs (3)(b), (c) or (d) of this rule; or

(f) Is a Certified Dietary Manager who has successfully completed the Dietary Manager’s Course and is certified through the Certifying Board for the Association of Nutrition and Food Service Professionals and is maintaining their certification with continuing clock hours at 45 CEU’s per three year period.

(4) A one-week supply of a variety of non-perishable food and supplies, that represents a good diet, shall be maintained by the facility.

Rulemaking Authority 400.141, 400.23 FS. Law Implemented 400.23 FS. History–New 4-1-82, Amended 4-1-84, 7-1-88, 7-10-91, Formerly 10D-29.110, Amended 4-18-94, 2-6-97, 12-21-15, _______________________..

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jacqueline Williams

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Simone Marstiller

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 09/27/2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 12/16/2021