Florida Senate SB 2472

Similar documents
Technical Assistance Paper

APPLICATION CHECKLIST IMPORTANT Submit all items on the checklist below with your application to ensure faster processing.

HOUSE BILL NO. HB0164. Sponsored by: Representative(s) Esquibel, Alden and Tipton and Senator(s) Job and Mockler A BILL. for

RULES AND REGULATIONS FOR THE CERTIFICATION OF ADMINISTRATORS OF ASSISTED LIVING RESIDENCES (R ALA)

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 1411

AN ACT. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

MISSOURI. Downloaded January 2011

HEALTH GENERAL PROVISIONS CAREGIVERS CRIMINAL HISTORY SCREENING REQUIREMENTS

LIVING WORD CHRISTIAN SCHOOL CODE OF ETHICS

If applying for Testing Accommodations under the Americans with Disabilities Act (ADA):

Information in State statutes and regulations relevant to the National Background Check Program: Washington

Regulatory Council for Community Association Managers Telephone Conference Meeting Wednesday, December 6, 9:00 A.M. EST.

State of Florida Department of Health. Board of Osteopathic Medicine. Application for Registration as an Osteopathic Physician in Training

HP0860, LD 1241, item 1, 124th Maine State Legislature An Act To Require Licensing for Certain Mechanical Trades

(e) Revocation is the invalidation of any certificate held by the educator.

APPLICATION CHECKLIST IMPORTANT

NC General Statutes - Chapter 90 Article 18D 1

State of Florida Department of Health. Board of Osteopathic Medicine. Application for Registration as an Osteopathic Physician in Training

Annotated Mississippi Code _Title 43. Public Welfare _Chapter 20. Child Care Facilities _Mississippi Child Care Licensing Law. Miss. Code Ann.

BACKGROUND VERIFICATION INSTRUCTIONS

SUPPLEMENTAL NOTE ON SENATE BILL NO. 449

922 Ky. Admin. Regs. 2: KAR 2:020. Child Care Assistance Program (CCAP) improper payments, claims, and penalties

Criminal History Screening Resource Guide An exclusive member product for Florida s long term care providers

A GUIDE TO HOSPICE SERVICES

If applying for Testing Accommodations under the Americans with Disabilities Act (ADA):

Arizona Revised Statutes Annotated _Title 36. Public Health and Safety_Chapter 7.1. Child Care Programs_Article 1.

PAGE R1 REVISOR S FULL-TEXT SIDE-BY-SIDE

SUPPLEMENTAL NOTE ON SENATE BILL NO. 449

Part 1: Explanation of ALF regulatory changes as an outcome of the Florida ALF workgroup - HB 1001 Bill. Lisa Rill, Ph.D.

Senate Bill No. 453 Committee on Health and Human Services

ALABAMA DEPARTMENT OF MENTAL HEALTH BEHAVIOR ANALYST LICENSING BOARD DIVISION OF DEVELOPMENTAL DISABILITIES ADMINISTRATIVE CODE

[ ] DEFINITIONS.

Board Laws and Rules. Steve Hardt, MA, RRT St. Petersburg College

CHAPTER House Bill No. 5303

Senate Bill No. 190 Senator Denis

BOC Standards of Professional Practice. Version Published October 2017 Implemented January 2018

RULES AND REGULATIONS OF THE MAINE STATE BOARD OF NURSING CHAPTER 4

Senate Bill No. 294 Senators Cegavske and Leslie

A Bill Regular Session, 2015 HOUSE BILL 1162

KANSAS CHILD CARE LICENSING AND REGISTRATION LAWS Chapter 65. PUBLIC HEALTH Article 5. MATERNITY CENTERS AND CHILD CARE FACILITIES

Section (1), Stats. Statutory authority: Sections (5) (b), (2) (a), and (1), Stats. Explanation of agency authority:

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

The 2013 Florida Statutes

Example of how a Letter of Guidance and Letter of Concern is used by the Board of Medicine in the disciplinary process

Internship Application Student Teacher Acceptance

NC General Statutes - Chapter 90 Article 36 1

CHAPTER Senate Bill No. 2144

(This document reflects all provisions in effect on October 1, 2017)

24 (b) "Boards" means the Board of Medicine and the Board. 27 graduated from an approved program, who is licensed to perform

Integrated Licensure Background and Recommendations

ASSEMBLY BILL No. 214

New Mexico Statutes Annotated _Chapter 24. Health and Safety _Article 1. Public Health Act (Refs & Annos) N. M. S. A. 1978,

BOARD of EXAMINERS for LONG TERM CARE ADMINISTRATORS (BELTCA) Margaret McConnell, RN, MA Chair, BELTCA

65-1,201. Definitions. As used in the residential childhood lead poisoning prevention act: History: L. 1999, ch. 99, 2; Apr. 22

Policy S-2 FLORIDA STATE UNIVERSITY COLLEGE OF NURSING Page 1 of 2 TITLE: CRIMINAL BACKGROUND CHECK

CHAPTER MEDICAL IMAGING AND RADIATION THERAPY

Title 22: HEALTH AND WELFARE

CHAPTER 65C-13 SUBSTITUTE CARE OF CHILDREN

Session of 2008 No AN ACT

STATE OF FLORIDA DEPARTMENT OF. NO TALLAHASSEE, April 1, Safety INCIDENT REPORTING AND ANALYSIS SYSTEM (IRAS)

CHAPTER Committee Substitute for Senate Bill No. 954

CHAPTER FIFTEEN- NEGATIVE ACTIONS

SENATE BILL No K.S.A , and amendments thereto.

7 AAC AAC Applicability. (1) has a current license issued by the department under this chapter;

Instructions and Resource Page for Application for a License to Operate a Child Care Facility

How Are Florida s Different Home Care Providers Regulated?

SUBCHAPTER 70I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE SECTION GENERAL LICENSING REQUIREMENTS

CHAPTER 64B9-6 INACTIVE STATUS AND REACTIVATION OF INACTIVE LICENSE

Facilities and Centers Background Check and Fingerprint Instructions

Meeting Agenda October 19,2016 Sober Homes Task Force

Waccamaw Economic Opportunity Council, Inc Highway 501 East, Suite B, Conway, SC 29526

Child Care Homes Background Check and Fingerprint Instructions

HOUSE BILL NO. HB0296. Representative(s) Zwonitzer, Dv. and Meyer and Senator(s) Johnson A BILL. for

Information in State statutes and regulations relevant to the National Background Check Program: Louisiana

APPLICATION CHECKLIST IMPORTANT Submit all items on the checklist below with your application to ensure faster processing.

Intermediate Care Facilities for the Developmentally Disabled Florida Statutes Chapter 393, Section 067(h)

NO Tallahassee, April 5, Mental Health/Substance Abuse INCIDENT REPORTING AND PROCESSING IN STATE MENTAL HEALTH TREATMENT FACILITIES

Information in State statutes and regulations relevant to the National Background Check Program: Arkansas

Missouri Revised Statutes

Employer Instructions for Use ODH Form 805 Uniform Employment Application for Nurse Aide Staff

DIVISION OF CORPORATIONS, BUSINESS AND PROFESSIONAL LICENSING

MADISONVILLE COMMUNITY COLLEGE Nursing Division Student Background Policy and Procedure

ALABAMA~STATUTE. Code of Alabama et seq. DATE Enacted Alabama Board of Medical Examiners

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

STATE OF FLORIDA DEPARTMENT OF HEALTH

DEPARTMENT OF HUMAN SERVICES AGING AND PEOPLE WITH DISABILITIES DIVISION OREGON ADMINISTRATIVE RULES CHAPTER 411 DIVISION 58

LAW: QUALIFICATIONS FOR LICENSURE

Center for Medicaid, CHIP, and Survey & Certification/Survey & Certification Group

SENATE, No STATE OF NEW JERSEY. 216th LEGISLATURE INTRODUCED APRIL 28, 2014

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 2612

Guidelines for Professionalism, Licensure, and Personal Conduct The American Board of Family Medicine (ABFM) Version

Ark. Admin. Code Alternatively cited as AR ADC Repealed

Substitute Care of Children 65C-13

Initial Application Letter of Instruction

Home help services cannot be paid to: A minor (17 and under). Fiscal Intermediary (FI).

SPEECH-LANGUAGE PATHOLOGY ASSISTANT (SLPA) REQUIREMENTS AND INSTRUCTIONS

Dear PN Applicant. Sincerely, The PN Program Faculty North Arkansas College

Volusia County Schools. Office Of Professional Standards. General Information Manual

Kansas Statutes Annotated _ Chapter 65. Public Health _Article 5. Maternity Centers and Child Care Facilities

F.S PHARMACY Ch. 465 CHAPTER 465 PHARMACY

Transcription:

By Senator Storms 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A bill to be entitled An act relating to the Agency for Persons with Disabilities; amending s. 39.201, F.S.; adding the agency to the list of governmental entities that have access to information in the Department of Children and Family Service's central abuse hotline; amending s. 393.063, F.S.; redefining the term adult day training ; amending s. 393.066, F.S.; providing for adult day training services and deleting reference to day habilitation services; amending s. 393.067, F.S.; requiring the staff of licensed facilities to receive training on abuse, neglect, and exploitation; amending s. 393.0673, F.S.; revising provisions relating to grounds for license suspension, denial, or revocation; amending s. 393.13, F.S.; specifying that persons who have developmental disabilities have a right to be free from abuse, neglect, and exploitation; amending s. 415.103, F.S.; requiring the central abuse hotline to immediately transfer certain calls relating to vulnerable adults to a local law enforcement agency; amending s. 435.04, F.S.; providing additional criminal offenses for screening certain developmental disability personnel; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (6) of section 39.201, Florida Statutes, is amended to read: 39.201 Mandatory reports of child abuse, abandonment, or Page 1 of 7

30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 neglect; mandatory reports of death; central abuse hotline. (6) Information in the central abuse hotline may not be used for employment screening, except as provided in s. 39.202(2)(a) and (h). Information in the central abuse hotline and the department's automated abuse information system may be used by the department, its authorized agents or contract providers, the Department of Health, the Agency for Persons with Disabilities as part of the licensure process under ss. 393.067 and 393.0673, or county agencies as part of the licensure or registration process pursuant to ss. 402.301-402.319 and ss. 409.175-409.176. Section 2. Subsection (2) of section 393.063, Florida Statutes, is amended to read: 393.063 Definitions. For the purposes of this chapter, the term: (2) Adult day training means training services that which take place in a nonresidential setting, which is offsite and separate from the home or facility in which the client resides; are intended to support the participation of clients in daily, meaningful, and valued routines of the community; and may include work-like settings that do not meet the definition of supported employment. Section 3. Subsection (5) of section 393.066, Florida Statutes, is amended to read: 393.066 Community services and treatment. (5) In order to improve the potential for using utilization of more cost-effective, community-based programs residential facilities, the agency shall promote the statewide development of adult day training day habilitation services for clients who Page 2 of 7

59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 live with a direct service provider in a community-based residential facility and who do not require 24-hour-a-day care in a hospital or other health care institution, but who may, in the absence of day habilitation services, require admission to a developmental disabilities center. Each adult day training service facility shall provide a protective physical environment for clients and, ensure that direct service providers meet minimum screening standards as required in s. 393.0655, make available to all day habilitation service participants at least one meal on each day of operation, provide facilities to enable participants to obtain needed rest while attending the program, as appropriate, and provide social and educational activities designed to stimulate interest and provide socialization skills. Section 4. Paragraph (h) of subsection (4) and subsections (7) and (9) of section 393.067, Florida Statutes, are amended to read: 393.067 Facility licensure. (4) The application shall be under oath and shall contain the following: (h) Certification that the staff of the facility or program will receive training to detect, report, and prevent sexual abuse, neglect, and exploitation of residents and clients. (7) The agency shall adopt rules establishing minimum standards for facilities and programs licensed under this section, including rules requiring facilities and programs to train staff to detect, report, and prevent sexual abuse, neglect, and exploitation of residents and clients, minimum standards of quality and adequacy of client care, incident reporting requirements, and uniform firesafety standards Page 3 of 7

88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 established by the State Fire Marshal which are appropriate to the size of the facility or of the component centers or units of the program. (9) The agency may conduct unannounced inspections to determine compliance by foster care facilities, group home facilities, residential habilitation centers, and comprehensive transitional education programs with the applicable provisions of this chapter and the rules adopted pursuant hereto, including the rules adopted for training staff of a facility or a program to detect, report, and prevent sexual abuse, neglect, and exploitation of residents and clients. The facility or program shall make copies of inspection reports available to the public upon request. Section 5. Paragraph (b) of subsection (1) and paragraph (b) of (2) of section 393.0673, Florida Statutes, are amended to read: 393.0673 Denial, suspension, or revocation of license; moratorium on admissions; administrative fines; procedures. (1) The agency may revoke or suspend a license or impose an administrative fine, not to exceed $1,000 per violation per day, if: (b) The Department of Children and Family Services has verified that The licensee is responsible for the abuse, neglect, or abandonment of a child as those terms are defined in s. 39.01, or the abuse, sexual abuse, neglect, or exploitation of a vulnerable adult as those terms are defined in s. 415.102. (2) The agency may deny an application for licensure submitted under s. 393.067 if: (b) The Department of Children and Family Services has Page 4 of 7

117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 verified that The applicant is responsible for the abuse, neglect, or abandonment of a child as those terms are defined in s. 39.01, or the abuse, sexual abuse, neglect, or exploitation of a vulnerable adult as those terms are defined in s. 415.102. Section 6. Paragraph (a) of subsection (3) of section 393.13, Florida Statutes, is amended to read: 393.13 Treatment of persons with developmental disabilities. (3) RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL DISABILITIES. The rights described in this subsection shall apply to all persons with developmental disabilities, whether or not such persons are clients of the agency. (a) Persons who have with developmental disabilities shall have a right to dignity, privacy, and humane care, including the right to be free from sexual abuse, neglect, and exploitation in residential facilities. Section 7. Present paragraphs (c), (d), (e), (f), and (g) of subsection (1) of section 415.103, Florida Statutes, are redesignated as paragraphs (d), (e), (f), (g), and (h), respectively, and a new paragraph (c) is added to that subsection, to read: 415.103 Central abuse hotline. (1) The department shall establish and maintain a central abuse hotline that receives all reports made pursuant to s. 415.1034 in writing or through a single statewide toll-free telephone number. Any person may use the statewide toll-free telephone number to report known or suspected abuse, neglect, or exploitation of a vulnerable adult at any hour of the day or night, any day of the week. The central abuse hotline must be Page 5 of 7

146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 operated in such a manner as to enable the department to: (c) Immediately transfer calls to the appropriate law enforcement agency if the report is of known or suspected abuse by someone other than the vulnerable adult's relative, caregiver, or household member. Section 8. Paragraph (c) is added to subsection (4) of section 435.04, Florida Statutes, to read: 435.04 Level 2 screening standards. (4) Standards must also ensure that the person: (c) For employees or employers of residential facilities licensed under chapter 393, or developmental disabilities centers as defined in s. 393.063, who are required to undergo employment screening pursuant to s. 393.0655 or s. 400.964, has not been convicted of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, offenses prohibited under any of the following statutes or under similar statutes of another jurisdiction: 1. Sections 409.920 and 409.9201, relating to Medicaid fraud. 2. Chapter 784, relating to assault, battery, and culpable negligence, if the offense is a felony. 3. Section 810.02, relating to burglary, if the offense is a felony. 4. Section 817.034, relating to communications fraud. 5. Section 817.234, relating to fraudulent insurance claims. 6. Section 817.505, relating to patient brokering. 7. Section 817.568, relating to criminal use of identification information. Page 6 of 7

175 176 177 178 179 8. Sections 817.60 and 817.61, relating to theft and fraudulent use of credit cards, if the offense is a felony. 9. Sections 831.01, 831.02, 831.07, 831.09, and 831.30, relating to forgery, uttering, and counterfeiting. Section 9. This act shall take effect July 1, 2009. Page 7 of 7