Definitions, Admission Procedures, Appropriateness of Placement and Continued Residency Criteria, Limited Nursing Services
AGENCY FOR HEALTH CARE ADMINISTRATION
Health Facility and Agency Licensing
RULE NOS.:RULE TITLES:
59A-36.002Definitions
59A-36.006Admission Procedures, Appropriateness of Placement and Continued Residency Criteria
59A-36.022Limited Nursing Services
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. 47 No. 102, May 26, 2021 issue of the Florida Administrative Register.
The following sections of the proposed rules will be changed to read:
59A-36.002 Definitions.
In addition to the terms defined in section 429.02, F.S., the following definitions are applicable in this rule chapter:
(1) through (17) No change
(18) “Health Care Provider” means a health care practitioner physician or physician’s assistant licensed under Chapter 458, or 459, or 464, F.S., as a physician, physician assistant, or advanced practice registered nurse practitioner; or an individual, entity, or organization licensed by the state to provide health care services licensed under chapter 464, F.S.
(19) through (25) No change
(26) “Nurse” means a licensed practical nurse (LPN), registered nurse (RN), or advanced practice registered nurse practitioner (APRN) (ARNP) licensed under chapter 464, F.S.
(27) “Nursing Assessment” means a written review of information collected from observation and interaction with a resident, including the resident’s record and any other relevant sources of information, the analysis of the information, and recommendations for modification of the resident’s care, if warranted. The assessment must contain the signature and credential initials of the advanced practice registered nurse or registered nurse person who conducted the assessment.
(28) through (41) No change
Rulemaking Authority 429.41, 429.929 FS. Law Implemented 429.07, 429.075, 429.11, 429.14, 429.19, 429.41, 429.47, 429.52, 429.905 FS. History–New 9-30-92, Formerly 10A-5.0131, Amended 10-30-95, 6-2-96, 4-20-98, 11-2-98, 10-17-99, 1-9-02, 7-30-06, 4-15-10, 4-17-14, 5-10-18, Formerly 58A-5.0131, 7-1-19, Amended _______.
59A-36.006 Admission Procedures, Appropriateness of Placement and Continued Residency Criteria.
(1) ADMISSION CRITERIA.
(a) An individual must meet the following minimum criteria in order to be admitted to a facility holding a standard, limited nursing services, or limited mental health license:
1. through 6. No change
7. Not be a danger to self or others as determined by a health care practitioner physician, or a mental health practitioner licensed under chapter 490 or 491, F.S.
8. through 15. No change
(b) through (e) No change
(2) HEALTH ASSESSMENT. As part of the admission criteria, an individual must undergo a face-to-face medical examination completed by a health care practitioner as specified in either paragraph (a) or (b) of this subsection.
(a) A medical examination completed within 60 calendar days before or within 30 days after the individual’s admission to a facility pursuant to section 429.26(5), F.S. The examination must address the following:
1. through 7. No change
8. The date of the examination, and the name, signature, address, telephone number, and license number of the examining health care practitioner. The medical examination may be conducted by a health care practitioner licensed under chapter 458, 459 or 464, F.S.
(b) When a health care practitioner conducts a medical examination, the examination must be recorded on the practitioner’s form or on AHCA Form 1823, Resident Health Assessment for Assisted Living Facilities, April 2021, which is incorporated by reference and available online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX. Faxed or electronic copies of the completed form are acceptable. If AHCA Form 1823 is used, the form must be completed as instructed.
1. If the health care practitioner’s form does not include all the examination items on AHCA Form 1823 or if AHCA Form 1823 is not completed fully, then the omitted items Items on the form the that have been omitted by the health care practitioner during the examination may be obtained by the administrator or designee facility either orally or in writing from the health care practitioner. The missing or omitted information must be obtained and documented in the resident’s record within 30 days after the resident’s admission to the facility.
2. Omitted information must be documented in the resident’s record. Omitted or missing iInformation received orally must include the name of the health care practitioner, the name and signature of the administrator or designee facility staff recording the information, and the date the information was provided.
(c) Any information required by paragraph (a), that is not contained in the medical examination report conducted before the individual’s admission to the facility must be obtained by the administrator using AHCA Form 1823 within 30 days after admission.
(d) through (g) renumbered (c) through (f)
(3) through (6) No change
Rulemaking Authority 429.07, 429.41 FS. Law Implemented 429.07, 429.26, 429.28, 429.41 FS. History–New 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, 10-14-10, 4-17-14, 5-10-18, Formerly 58A-5.0181, 7-1-19, Amended________.
59A-36.022 Limited Nursing Services.
Any facility intending to provide limited nursing services must obtain a license from the agency.
(1) No change
(2) RESIDENT CARE STANDARDS.
(a) through (b) No change
(c) Limited nursing services may only be provided as authorized by a health care practitioner’s provider’s order, a copy of which must be maintained in the resident’s file.
(d) through (e) No change
(3) through (4) No change
Rulemaking Authority 429.41 FS. Law Implemented 429.07, 429.255, 429.26, 429.41 FS. History–New 9-30-92, Formerly 10A-5.031, Amended 10-30-95, 10-17-99, 7-30-06, 3-13-14, 5-10-18, Formerly 58A-5.031, 7-1-19, Amended ___________.
