Admission and Appropriateness of Placement, Records

 

DEPARTMENT OF ELDER AFFAIRS
Federal Aging Programs

RULE NO: RULE TITLE
58A-14.0061: Admission and Appropriateness of Placement
58A-14.0085: Records

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34 No. 1, January 4, 2008 issue of the Florida Administrative Weekly.

58A-14.0061 Admission and Appropriateness of Placement.

(1) through (3) No change.

(4) ADVANCE DIRECTIVES: CARDIOPULMONARY RESUSCITATION: Prior to admission to an AFCH, a statement must be provided to the individual regarding the adult family-care home’s policy regarding withdrawing or withholding of cardiopulmonary resuscitation pursuant to Section 429.73(3), F.S. The policy shall include language which specifies that the provider must contact “911” in the event of cardiopulmonary distress.

(a) Each adult family-care home (AFCH) must have written policies and procedures, which delineate the AFCH’S position with respect to the state law and rules relative to advance directives. The policies shall not condition treatment or admission upon whether or not the individual has executed or waived an advance directive. In the event of conflict between the AFCH’s policies and procedures and the resident’s advance directive, provision should be made in accordance with Chapter 765, F.S.

(b) The AFCH’s policy shall include:

1. At the time of admission , providing each resident, or the resident’s representative, with a copy of Form SCHS-4-2006, “Health Care Advance Directives – The Patient’s Right to Decide,” effective April 2006, or with a copy of some other substantially similar document which incorporates information regarding advance directives included in Chapter 765, F.S.  Form SCHS-4-2006 is hereby incorporated by reference and is available from the Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 34, Tallahassee, FL 32308, or the agency’s Web site at: http://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/HC_Advance_Directives/docs/adv_dir.pdf.

2.  At the time of admission, providing each resident, or the resident’s representative, with written information concerning the AFCH’s policies regarding resuscitation and advance directives, including information concerning DH Form 1896, Florida Do Not Resuscitate Order Form, incorporated by reference in Rule 64E-3.031, F.A.C.

3. At the time of admission, providing each resident, or the resident’s representative, with written information concerning the AFCH’s policies respecting advance directives.

4. The requirement that documentation of whether or not the resident has executed an advance directive must be contained in the resident’s record. If an advanced directive has been executed, a copy of that document must be made a part of the resident’s record. If the AFCH does not receive a copy of the advanced directive for a resident, the AFCH must document in the resident’s record that it has requested a copy.

5. An AFCH shall be subject to revocation of its license pursuant to Section 408.815, F.S., if the AFCH, as a condition of treatment or admission, requires an individual to execute or waive an advance directive, pursuant to Section 765.110, F.S.

c. Pursuant to Section 429.73, F.S., an AFCH may honor a DNRO as follows:

1. In the event of cardiopulmonary distress, the AFCH provider, or designee,  shall immediately contact “911.”

2. Cardiopulmonary resuscitation may be withheld or withdrawn from a resident only if a valid DNRO is present and the withholding or withdrawing of cardiopulmonary resuscitation is executed by an individual pursuant to Section 401.45, F.S.

3. Adult Family-Care Home providers shall not be subject to criminal prosecution or civil liability, nor be considered to have engaged in negligent or unprofessional conduct for withholding or withdrawing cardiopulmonary resuscitation pursuant to such a Do Not Resuscitate Order and rules adopted by the agency, pursuant to Section 429.73, F.S. Any AFCH provider, who, in good faith, obeys the directives of an existing DNRO, executed pursuant to Section 401.45, F.S., will not be subject to prosecution or civil liability for his/her performance regarding patient care.

(5) through (6) No change.

Specific Authority 429.73 FS. Law Implemented 429.65, 429.73, 429.85 FS. History–New 2-2-95, Formerly 10A-14.0061, Amended 9-19-96, 6-6-99, 1-1-04,_________.

 

58A-14.0085 Records.

(1) through (3) No change.

Specific Authority 429.67, 429.73, 429.75, 429.81 FS. Law Implemented 429.67, 429.73, 429.75, 429.81, 429.85 FS. History– New 6-6-99, Amended 7-30-06.