The purpose is to modify existing rules to add and delete definitions; updates references to outdated forms which have been revised and are incorporated in rule; update license fee; delete requirements that are duplicative; and add references to ...  

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    AGENCY FOR HEALTH CARE ADMINISTRATION

    Health Facility and Agency Licensing

    RULE NOS.:RULE TITLES:

    59A-11.002Definitions

    59A-11.003Licensure Procedures

    59A-11.004Investigations and License, Life Safety and Validation Inspections

    59A-11.010Informed Consent

    59A-11.023Physical Environment, Water Supply and Fire Safety

    PURPOSE AND EFFECT: The purpose is to modify existing rules to add and delete definitions; updates references to outdated forms which have been revised and are incorporated in rule; update license fee; delete requirements that are duplicative; and add references to align with our uniform licensure statute and rule.

    SUMMARY: Rule 59A-11.002, F.A.C., is amended to correct the name of an accrediting organization and deletes other definitions. Rule 59A-11.003, F.A.C., is amended to add references and align with Chapter 408, Part II, F.S., and Chapter 59A-35, F.A.C.; update a reference to a an updated form that has been revised and incorporated in rule; delete requirements that are duplicative; update licensure fee amount. Rule 59A-11.004 is amended to add references and align with Chapter 408, Part II, F.S., and Chapter 59A-35, F.A.C.; delete requirements that are duplicative of those now in Chapter 408, Part II, F.S. or Chapter 59A-35, F.A.C. Rule 59A-11.010, F.A.C., is amended to update a form incorporated in rule and identifies where the form can be found on the Agency’s web site. Rule 59A-11.023, F.A.C., is amended to update rule references and requirements previously in Chapter 10D-9, F.A.C., that are now in the Florida Building Code.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

    The Agency has determined that this will 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 been prepared by the agency.

    The Agency has determined that this will have an adverse impact on small business, however will not 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 been prepared by the agency.

    A statement of estimated regulatory costs has been prepared for proposed rule revisions in Rule 59A-11.003, F.A.C., and is available from the person listed below. The following is a summary of the SERC:

    For proposed rule subsection 59A-11.003(3), F.A.C., license fees are increased by the Consumer Price Index pursuant to Section 408.805(2), F.S. The biennial license fee will increase by $42.80. Based on the number of currently licensed facilities and projected growth, the total regulatory impact for a 5 year period is $3,295.60.

    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 been prepared by the agency for rule 59A-11.003. For rules listed where no SERC was prepared, the Agency prepared a checklist for each rule to determine the necessity for a SERC.

    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: 383.309, 408.805, 408.819 FS.

    LAW IMPLEMENTED: 383.305, 383.307, 383.308, 383.309, 383.324, 383.31, 408.805, 408.811 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: January 9, 2014, 10:00 a.m. – 11:00 a.m.

    PLACE: Ft. Knox Bldg. 3, Conference Room D, 2727 Mahan Drive, Tallahassee, FL 32308

    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 7 days before the workshop/meeting by contacting: Kim Stewart via e-mail at Kimberly.Stewart@ahca.myflorida.com or by phone at (850)412-4362. 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: Kim Stewart via e-mail at Kimberly.Stewart@ahca.myflorida.com or by phone at (850)412-4362

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    59A-11.002 Definitions.

    (1) “AAAHC” means the Accreditation Association for Accreditation of Ambulatory Health Care Commission.

    (2) “Adjacent” means nearby and easily accessible.

    (3) “Agency” means the Agency for Health Care Administration.

    (4) “CABC” “CFAFSBC” means the Commission for the Accreditation of Freestanding Birth Centers.

    (5) “JCAHO” means the Joint Commission for the Accreditation of Healthcare Organizations.

    (5)(6) “Ordinary” construction means that type of housing commonly found in residential areas.

    (6)(7) “Qualified personnel” means that the individual is trained and competent in the services which he or she provides and is licensed or certified when required by statute or professional standard.

    (8) “Substantial” means that the majority of the statutory and administrative requirements are met and there is no impending threat to the health and safety of the clients.

    Rulemaking Specific Authority 383.309 FS. Law Implemented 383.307, 383.308, 383.309 FS. History–New 3-4-85, Formerly 10D-90.02, 10D-90.002, Amended 9-17-96,_____________.

     

    59A-11.003 Licensure Procedures.

    (1) All persons contemplating the operation of a birth center under the provision of Chapter 383, F.S., shall make application to the Agency on AHCA Form 3130-3001, September 2013-MAR 94, Health Care Licensing Application Birth Center “Birth Center Licensure Application”, which is incorporated by reference, to the AHCA, Office of Health Facility Regulation, Tallahassee, Florida, and shall receive a standard regular or provisional license prior to the acceptance of clients. The form is available from the Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 31, Tallahassee, Florida 32308, or at the web address at: http://ahca.myflorida.com/MCHQ/Corebill/index.shmtl.

    (2) Each birth center applying for a license shall be designated by a distinctive name and the name shall not be changed without first notifying the Agency AHCA and receiving approval in writing. Duplication of an existing birth center's name is prohibited in new birth centers. The birth center’s occupancy permit and in the case of persons applying for a license prior to purchase, where the birth center is licensed under other ownership, a signed agreement to correct physical deficiencies listed in the most recent licensure inspection and the most recent life safety inspection, unless otherwise modified herein, following documents, shall accompany the initial application:.

    (a) Governing body bylaws, policies and procedures or other written organization plan;

    (b) Organized clinical staff bylaws and protocols;

    (c) Roster of clinical staff members and current license numbers;

    (d) Procedure manual including criteria for patient admission and transfer;

    (e) Roster of consultants with current license numbers; and

    (f) When applicable the birth center’s occupancy permit and fire and disaster plan. In the case of persons applying for a license prior to purchase, where the birth center is licensed under other ownership, a signed agreement to correct physical deficiencies listed in the most recent licensure inspection to conform to the nationally recognized life-safety code, unless otherwise modified herein, must accompany the application.

    (3) A license fee of $392.80 $175 per birth center shall accompany the application for licensure license. Licensure fees may be annually adjusted as outlined in Section 408.805, F.S. The licensure license fee shall be made payable to the Agency for Health Care Administration and is not refundable.

    (4) An application for licensure is required when a majority of the ownership or controlling interest of a licensed facility has been transferred or assigned and when a lessee agrees to undertake or provide services to the extent that legal liability for operation of the facility rests with the lessee. The application for a license reflecting such change shall be made at least 60 days but no more than 120 days prior to the date of the sale, transfer, assignment or lease and must meet all application requirements as outlined in Chapter 408, F.S and Chapter 59A-35, F.A.C.

    (5) Each license shall be returned to the Agency AHCA by the licensee immediately upon change in ownership or classification, suspension, revocation, or voluntary cessation of operations.

    (6) A licensee shall notify the Agency AHCA of impending voluntary closure of a birth center not less than 30 90 days prior to such closure. The birth center shall be responsible for advising the licensing agency as to the placement of patients and disposition of medical records.

    (7) Upon receipt of a complete application, the Aagency shall conduct a survey to determine compliance with Chapters 383 and 408, F.S., and Rules Chapters 59A-11 and 59A-35 59A-11.002-.031, F.A.C.

    (8) When the applicant and birth center is in compliance with Chapters 383 and 408, F.S., and Chapters 59A-11 and 59A-35, F.A.C., the Aagency shall issue a standard regular license.

    (9) A regular license shall be issued to a birth center who has been granted a provisional license, pursuant to Section 383.305(1)(b), F.S., after the proposed birth center becomes operational and a resurvey has been made to determine substantial compliance with these rules.

    Rulemaking Specific Authority 383.309, 408.805 FS. Law Implemented 20.42(2)(a), 383.304, 383.305, 408.805 FS. History–New 3-4-85, Formerly 10D-90.03, 10D-90.003, Amended 9-27-94, 2-12-96, 9-17-96,___________.

     

    59A-11.004 Investigations and License, Life Safety and Validation Inspections.

    (1) The Aagency shall make or cause to be made such inspections and investigations as are necessary to:

    (a) Assure compliance with the licensure and life safety requirements;

    (b) Respond to complaints; and

    (c) Protect the public health and safety.

    (2) The Aagency shall conduct scheduled periodic inspections of birth centers in order to ensure compliance with all licensure and life safety requirements to the Aagency.

    (3) Non-accredited birth centers. Those birth centers which are not accredited by AAAHC, CABC, CFAFSBC or The Joint Commission JCAHO shall be subject to a scheduled annual licensure and life safety inspections inspection survey by the Aagency. The fee for conducting an annual licensure and life safety inspection shall be $250.00.

    (a) The fee for conducting an annual licensure inspection shall be $250. Within 10 days of the completion of the agency’s survey, the agency will mail a copy of the survey findings to the center. For those centers determined not in compliance with state licensure and life safety requirements, the notification shall include a statement of deficiencies.

    (b) The fee for conducting an annual life safety inspection shall be $250. Within ten days of receipt of a statement of deficiencies, the center must prepare and mail a plan of correction for review and approval to the agency. The plan of correction must address the action planned by the center to correct each deficiency, the individuals or entities responsible for implementing the corrective action, and the date by which each corrective action will be completed.

    (c) The agency will conduct a follow-up visit to centers with an approved plan of correction within 30 days of receipt by the agency of the approved plan of correction, or within 30 days of the completion date for deficiencies contained in the approved plan, or will review pertinent material submitted by the center to determine compliance with the approved plan of correction.

    (d) The agency will work with birth centers to ensure compliance with standards of care through the implementation of acceptable plans of correction. Those centers which fail to implement approved plans of correction shall be subject to sanctions imposed under Section 383.33, F.S.

    (4) Accredited Birth Centers. In lieu of annual licensure inspections, tThe Aagency shall accept the survey report of an accrediting organization if, provided that the standards included in the survey report indicates of the accrediting organization are determined by the agency to document that the birth center is in substantial compliance with state licensure and life safety requirements as required by Chapters 383 and 408, Part II, F.S., and Chapters Rules 59A-11 and 59A-35 59A-11.002-.031, F.A.C.

    (a) Upon receipt of the accrediting organization’s survey report, the Aagency will review the findings to determine if the center is in substantial compliance with state licensure and safety requirements.

    (b) The Aagency shall notify the birth center within 60 days of the receipt of the accrediting organization's survey report regarding the Aagency’s determination of the birth center’s compliance or non-compliance with state licensure and life safety requirements. For birth centers that are determined not to be in compliance with licensure and life safety requirements, the notification will include a statement of deficiencies.

    (c) Accredited birth centers are subject to scheduled annual life safety inspections. Birth centers determined by the agency not to be in substantial compliance with state licensure and life safety requirements shall submit a plan of correction to the agency within 10 days of receipt of the statement of deficiencies.

    (d) The fee for conducting an annual life safety inspection shall be $250. The agency shall review the plan of correction in accordance with the procedures specified under paragraphs (3)(a) through (d).

    (e) Birth centers shall be subject to an annual licensure and life safety inspections inspection under the following circumstances:

    1. The birth center has been denied accreditation or has received a provisional or conditional accreditation from an accrediting organization on its most recent accreditation survey, and has not submitted an acceptable plan of correction to the accrediting organization and the Aagency.

    2. The birth center has received full accreditation, but has not authorized the release of the report or has not ensured that the Aagency received the accrediting organization’s survey report prior to the Aagency's scheduled survey.

    (5) Validation Inspection. Every three (3) years, the Aagency shall conduct validation inspections of those birth centers that who have undergone an accreditation inspection from an approved accrediting organization, to determine ongoing compliance with state licensure and life safety requirements. The fee for conducting a validation inspection shall be $250.

    (a) Within ten (10) days following the completion of a validation survey, the agency will mail a copy of its findings to the birth center. For those centers determined not to be in compliance with state licensure and life safety requirements, the notification will include a statement of deficiencies.

    (b) Birth centers found not in compliance based on a validation inspection shall submit a plan of correction as specified under paragraphs (3)(a) through (d).

    (c) If the agency determines, based on the results of validation survey findings, that an accredited center is not in substantial compliance with state licensure and life safety requirements, the agency shall report its findings to the accrediting organization and shall conduct a full licensure and life safety inspection of that center during the following year.

    (d) The fee for conducting a licensure validation inspection shall be $250.00.

    (6) Complaint investigations. The Aagency shall conduct investigations of complaints regarding violations of licensure and life safety standards in accordance with Section 383.324, F.S. Complaint investigations will be unannounced. An entrance conference shall be conducted upon arrival by agency personnel investigating the complaint to inform the center’s administrator about the nature of the complaint investigation and to answer questions from the center’s staff. An exit conference shall be provided at the conclusion of the on-site investigation and to receive any additional information that the center wishes to furnish.

    (a) Upon receipt of a complaint, the agency shall review the complaint for compliance with licensure issues, and, in addition, shall take the following actions:

    1. Complaints involving any birth center shall be reviewed and sent to the local area health facility regulation office for investigation if it is determined that the allegations could constitute a violation of state licensure requirement;

    2. Allegations received that are not under the jurisdiction of this agency will be forwarded to the proper authority for response.

    (b) Upon determination that an investigation of a complaint is warranted, the agency shall complete the complaint investigation within 90 days, unless there is an immediate threat to patient safety and well being, in which case an immediate investigation shall be undertaken.

    (c) Upon conclusion of a complaint investigation by the agency, notification shall be given to the affected parties in writing within ten (10) days of its determination as to the validity of the complaint and any actions to be taken to resolve violations or sanctions imposed against the birth center. Notice of available administrative actions shall be issued in accordance with Section 120.59(4), F.S.

    (7) Conformance with accreditation standards. In all birth centers where the Aagency does not conduct an annual licensure inspection, by reason of the birth center’s accreditation status, the birth center shall continue to conform to the standards of accreditation throughout the term of accreditation, or shall notify the Aagency of the areas of non-conformance.

    Rulemaking Specific Authority 383.309, 408.819 FS. Law Implemented 383.324, 408.811 FS. History–New 3-4-85, Formerly 10D-90.04, 10D-90.004, Amended 2-12-96, 9-17-96,__________.

     

    59A-11.010 Informed Consent.

    (1) Before admission to services, a client shall be informed of:

    (a) The qualifications of the birth center clinical staff;

    (b) The risks related to out-of-hospital childbirth;

    (c) The benefits of out-of-hospital childbirth; and

    (d) The possibility of referral or transfer if complications arise during pregnancy or labor with additional costs for services rendered.

    (2) The birth center clinical staff shall obtain the client’s written consent for birth center services using form “Consent to Deliver in a Birth Center”, AHCA Form 3130-3003 November 2013-MAR 94, which is incorporated herein by reference and available from the Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 31, Tallahassee, Florida 32308, or the web address at: http://ahca.myflorida.com/MCHQ/Health_Facility_Regulation_Hospital_Outpatient/birthing.shtml is provided by the AHCA, Office of Health Facility Regulation, Tallahassee, Florida.

    (3) The signed consent form shall be included with the client’s individual clinical record.

    Rulemaking Specific Authority 383.309 FS. Law Implemented 20.42(2)(a), 383.31 FS. History–New 3-4-85, Formerly 10D-90.10, Amended 7-20-92, Formerly 10D-90.010, Amended 9-27-94,__________.

     

    59A-11.023 Physical Environment, Water Supply and Fire Safety.

    (1) All birth centers shall comply with all design and construction standards for birth centers as required by the Florida Building Code. At least one birthing room shall be maintained which is adequate and appropriate to provide for the equipment, staff, supplies and emergency procedures required for the physical and emotional care of a maternal client, her support person and the newborn during labor, birth, and the recovery period.

    (2) The birth center shall be designed to provide adequate space for the following:

    (a) Birth rooms shall be located to provide unimpeded, rapid access to an exit of the building which will accommodate emergency transportation vehicles;

    (b) Adequate fixed or portable work surface areas shall be maintained for use in the birth room;

    (c) A separate space for a clean area and a contaminated area; if it is not feasible to provide such separate areas, special procedures shall be established for the disposal of infectious waste. Sanitary waste containers, soiled linen containers, storage cabinets, and an autoclave, pressure cooker, or other effective sterilization equipment shall be available;

    (d) Prenatal and postpartum examinations which will provide privacy for the patient, hand washing facilities and the appropriate equipment for staff; and

    (e) Medical record storage, client interviews, instruction, and waiting rooms.

    (3) Toilet and bathing facilities.

    (a) A toilet and lavatory shall be maintained in the vicinity of the birth room.

    (b) Hand washing facilities shall be in or immediately adjacent to the birth room.

    (c) A bathtub or shower shall be available for client use.

    (d) All floor surfaces, wall surfaces, water closets, lavatories, tubs, showers, shall be kept clean, and all appurtenances of the structures shall be of sound construction, properly maintained, in good repair, and free from safety hazards.

    (4) There shall be provisions and facilities for secure storage of personal belongings and valuables of clients.

    (5) There shall be provisions for visual privacy for each maternal client and her support person.

    (6) Hallways and doors providing access and entry into the birth center and birth room shall be of adequate width and conformation to accommodate maneuvering of ambulance stretchers and wheelchairs.

    (7) All areas of the facility shall be well lighted and shall have light fixtures capable of providing at least 20 footcandles of illumination at 30 inches from the floor to permit observation, cleaning and maintenance. Light fixtures shall be properly maintained and kept clean.

    (8) All housing facilities shall have adequate ventilation and be kept free of offensive odors.

    (a) If natural ventilation is utilized, the opened window area for ventilation purposes shall be equal to one-tenth of the floor space in the residential area.

    (b) When mechanical ventilation or cooling systems are employed, the system shall be properly maintained and kept clean. Intake air ducts shall be designed and installed so that dust or filters can be readily removed. In residence areas and segregation rooms with solid doors, mechanical ventilation systems shall provide a minimum of ten cubic feet of fresh or filtered recirculated air per minute for each client occupying the area.

    (c) All toilet rooms shall be provided with direct openings to the outside or provided with mechanical ventilation to the outside.

    (9) Adequate heating and cooling facilities shall be provided to maintain a minimum temperature of 68 degrees Fahrenheit and maximum temperature of 78 degrees Fahrenheit at a point 20 inches above the floor.

    (10) All heating devices shall comply with fire prevention provisions found in Chapter 4A-3, F.A.C., April 8, 1990, promulgated pursuant to Chapter 633, F.S.

    (2)(11) Laundry.

    (a) Where laundry facilities are provided, clean clothing, bed linens, and towels shall be available for the patients. Laundry facilities shall be of sound construction and shall be in good repair and clean. Adequate space shall be provided and areas shall be designated for the separation of clean and soiled clothing, linen and towels.

    (b) Laundry rooms shall be well lighted and properly ventilated. Clothes dryers shall be vented to the exterior. Carts used for transporting dirty clothes, linens, and towels shall not be used for transporting clean articles unless they have been thoroughly cleaned.

    (c) If laundry facilities are not available, sheets and blankets shall be cleaned by commercial laundries.

    (3)(12) Bedding. Beds and beddings shall be kept in good repair, cleaned and sanitized whenever soiled. Mattresses and pillows shall have cleanable covers which shall be cleaned and sanitized between use by different clients. Clean sheets shall be used for each client. Blankets shall be washed or dry cleaned whenever soiled. Sheets, blankets, and clean clothing shall be stored in a clean, dry place between laundering and use.

    (13) The grounds and all buildings on the grounds shall be maintained in a safe and sanitary condition.

    (4)(14) Insect and Rodent Control. Facilities shall be kept free of all insects and rodents. All outside openings shall be effectively sealed or screened with sixteen mesh screening or equivalent to prevent entry of insects or rodents. All pesticides used to control insects or rodents shall be applied in accordance with instructions on the registered product label. Persons applying restricted use pesticides shall be certified by the department. Facilities not having certified pest control operators shall utilize commercial licensed pest control companies when using restricted use pesticides.

    (15) Outdoor Areas. Outdoor areas shall be well drained and kept free of litter and trash. Indoor and outdoor recreational areas shall be provided with safeguards designed for the needs of the residents.

    (5)(16) Poisonous or Toxic Substances. Poisonous or toxic compounds are to be stored apart from food and other areas that would constitute a hazard to the residents.

    (6)(17) Water Supply. Water supplies shall be adequate to serve the demands of the facility and shall be constructed, operated and maintained as required by Chapter 62-555 or 64E-8, F.A.C.

    (a) Water supplies shall be adequate to serve the demands of the facility and shall be constructed, operated and maintained in accordance with requirements of Chapter 62-555, or 10D-4, F.A.C.

    (b) Drinking water shall be accessible to all clients. When drinking fountains are available, the jet of the fountain shall issue from a nozzle of non-oxidizing impervious material set at an angle from the vertical. The nozzle and every other opening in the water pipe or conductor leading to the nozzle shall be above the edge of the bowl so that such nozzle or opening will not be flooded in case a drain from the bowl of the fountain becomes clogged. The end of the nozzle shall be protected by non-oxidizing guards to prevent persons using the fountain from coming into contact with the nozzle. Vertical or bubbler drinking fountains shall be replaced with approved type water fountains or be disconnected. When no approved drinking fountains are available, clients shall be provided with single service cups which shall be stored and dispensed in a manner to prevent contamination. Common drinking cups are prohibited.

    (c) Hot and cold running water under pressure and at safe temperature, not to exceed 110 degrees Fahrenheit to prevent scalding, shall be provided to all restrooms, lavatories and bathing areas.

    (7)(18) Sewage Disposal.

    (a) All sewage and liquid waste shall be disposed of in manners as required by accordance with Chapter 62-600 or 64E-6 or 10D-6, F.A.C.

    (b) All sanitary facilities shall comply with the requirements of the Florida Building Code. Chapter 10D-10, F.A.C.

    (c) All plumbing shall comply with the requirements of the Florida Building Code. Chapter 10D-9, F.A.C., or the plumbing code legally applicable to the area where the facility is located.

    (d) For facilities with nine or more birth rooms, mop sinks or curbed areas with floor drains shall be available in convenient locations throughout the facility to facilitate cleaning and for the proper disposal of cleaning water.

    (8)(19) Waste Disposal.

    (a) All garbage, trash and rubbish from residential areas shall be collected daily and taken to storage facilities. Garbage shall be removed from storage frequently enough to prevent a potential hazard or at least twice per week. Wet garbage shall be collected and stored in impervious, leak proof, fly tight containers pending disposal. All containers, storage areas and surrounding premises shall be kept clean and free of vermin.

    (b) If public or contract garbage collection service is available, the facility shall subscribe to these services unless the volume makes on-site disposal feasible. If garbage and trash are disposed of on premises, the method of disposal shall not create sanitary nuisance conditions and shall comply with provisions of Chapters 62-701 and 64E-15, 10D-6, F.A.C.

    (9)(20) Fire Control. Each birth center shall provide fire protection through the elimination of fire hazards, the installation of necessary safeguards such as extinguishers and smoke alarms to insure rapid and effective fire control, and the adoption of written fire control plans rehearsed four times a year by all personnel.

    (a) To safeguard all clients, the birth center shall have:

    1. Written evidence of regular inspection by local fire control agencies;

    2. Annual check of fire extinguishers for type, replacement, and renewal dates;

    3. “No Smoking” signs prominently displayed in those areas where smoking is not permitted; and

    4. Fire regulations and evacuation route prominently posted.

    (b) The written fire control plan approved by the appropriate local fire authority shall contain provisions for prompt reporting of all fires, extinguishing fires, protection of personnel and guests, evacuation, and cooperation with fire fighting authorities.

    (c) New centers’ carpeting must comply with the maximum flame-spread rating of seventy-five in accordance with American Society for Testing Material (ASTM) E-84-68 test as required under Title Chapter 4A, F.A.C. Those existing centers not having affirmative evidence of complying with such flame-spread rating shall establish fire control measures including the prohibition of smoking in carpeted areas. Such procedures shall be approved by the appropriate local fire authority.

    Rulemaking Specific Authority 383.309 FS. Law Implemented 20.42(2)(a), 383.308, 383.309, 633 FS. History–New 3-4-85, Formerly 10D-90.23, 10D-90.023, Amended 2-12-96, 9-17-96,__________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Kim Stewart

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Elizabeth Dudek

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 16, 2013

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 6, 2012

Document Information

Comments Open:
12/19/2013
Summary:
Rule 59A-11.002 is amended to correct the name of an accrediting organization and deletes other definitions. Rule 59A-11.003 is amended to add references and align with Chapter 408, Part II, F.S., and Chapter 59A-35, F.A.C.; update a reference to a an updated form that has been revised and incorporated in rule; delete requirements that are duplicative; update licensure fee amount. Rule 59A-11.004 is amended to add references and align with Chapter 408, Part II, F.S., and Chapter 59A-35, F.A....
Purpose:
The purpose is to modify existing rules to add and delete definitions; updates references to outdated forms which have been revised and are incorporated in rule; update license fee; delete requirements that are duplicative; and add references to align with our uniform licensure statute and rule.
Rulemaking Authority:
383.309, 408.805, 408.819, F.S.
Law:
383.305, 383.307, 383.308, 383.309, 383.324, 383.31, 408.805, 408.811, FS.
Contact:
Kim Stewart via e-mail at Kimberly.Stewart@ahca.myflorida.com or by phone at (850)412-4362.
Related Rules: (5)
59A-11.002. Definitions
59A-11.003. Licensure Procedures
59A-11.004. Investigations and License, Life Safety and Validation Inspections
59A-11.010. Informed Consent
59A-11.023. Physical Environment, Water Supply and Fire Safety