SB 718 — Provision of Health Care

Florida Senate - 2022 CS for CS for SB 718 By the CommitteesCommittee on Rules;Health Policy;

and HealthSenator Policy;Bradley 588-02345-22 2022718c1 A bill to be entitled An act relating to the provision of health care;

and Senator Bradley 595-03646-22 2022718c2 A bill to be entitled An act relating to the provision of health care;

authorizing registered nurses to delegate to certified nursing assistants and home health aides the administration of certain medications to patients in county detention facilities under certain circumstances;

conforming Pagecross-references; 1 of 13 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for CS for SB 718 595-03646-22 2022718c2 cross-references;

SectionPage 1.1 of 13 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 718 588-02345-22 2022718c1 Section 1.

Assistance with self-administration of medication or such other tasks self-medication by an unlicensed person may occur Pageonly 2upon ofa 13documented CODING:request by, and the written informed consent of, a patient or the patient’s surrogate, guardian, or attorney in fact.

For purposes of this section, self- administered medications include both legend and over-the- Page 2 of 13 CODING:

Florida Senate - 2022 CS for CS for SB 718 595-03646-22588-02345-22 2022718c22022718c1 onlycounter uponoral adosage documentedforms, requesttopical by,dosage andforms, thetransdermal writtenpatches, informedand consenttopical of,ophthalmic, aotic, patientand ornasal thedosage patient’sforms, surrogate,including guardian,solutions, orsuspensions, attorneysprays, ininhalers, fact.and nebulizer treatments.

For purposes of this section, self- administered medications include both legend and over-the- counter oral dosage forms, topical dosage forms, transdermal patches, and topical ophthalmic, otic, and nasal dosage forms, including solutions, suspensions, sprays, inhalers, and nebulizer treatments.

(f) For nebulizer treatments, assisting with setting up and cleaning the device in the presence of the patient, confirming that the medication is intended for that patient, orally advising the patient of the medication name and purpose, opening Page 3 of 13 CODING:

Florida Senate - 2022 CS for CS for SB 718 595-03646-22588-02345-22 2022718c22022718c1 (f) For nebulizer treatments, assisting with setting up and cleaning the device in the presence of the patient, confirming that the medication is intended for that patient, orally advising the patient of the medication name and purpose, opening the container, removing the prescribed amount for a single treatment dose from a properly labeled container, and assisting the patient with placing the dose into the medicine receptacle or mouthpiece.

Page(f)(g) 4Assisting ofwith 13rectal, CODING:urethral, or vaginal preparations.

(g)(h) Assisting with medications ordered by the physician or health care professional with prescriptive authority to be Page 4 of 13 CODING:

Florida Senate - 2022 CS for CS for SB 718 595-03646-22588-02345-22 2022718c22022718c1 (f)(g)given Assisting“as needed,” unless the order is written with rectal,specific urethral,parameters orthat vaginalpreclude preparations.independent judgment on the part of the unlicensed person, and at the request of a competent patient.

(g)(h) Assisting with medications ordered by the physician or health care professional with prescriptive authority to be given “as needed,” unless the order is written with specific parameters that preclude independent judgment on the part of the unlicensed person, and at the request of a competent patient.

Section 401.252, Florida Statutes, is amended to Pageread: 5 of 13 CODING:

401.252 Interfacility transfer.— (1) When conducting an interfacility transfer, a permitted advanced life support ambulance must be occupied by at least two Page 5 of 13 CODING:

Florida Senate - 2022 CS for CS for SB 718 595-03646-22588-02345-22 2022718c22022718c1 read:persons:

401.252 Interfacility transfer.— (1) When conducting an interfacility transfer, a permitted advanced life support ambulance must be occupied by at least two persons:

An interfacility transfer must be conducted in Pagea 6permitted ofambulance 13if CODING:it is determined that the patient needs, or is likely to need, medical attention during transport.

If the emergency medical technician or paramedic believes the level of patient care required during the transfer is beyond his Page 6 of 13 CODING:

Florida Senate - 2022 CS for CS for SB 718 595-03646-22588-02345-22 2022718c22022718c1 aor permittedher ambulancecapability, ifthe itmedical isdirector, determinedor thathis theor patienther needs,designee, ormust isbe likelycontacted tofor need,clearance medicalprior attentionto duringconducting transport.the transfer.

If the emergency medical technician or paramedic believes the level of patient care required during the transfer is beyond his or her capability, the medical director, or his or her designee, must be contacted for clearance prior to conducting the transfer.

(a) “Informed consent” means advising the resident, or the resident’s surrogate, guardian, or attorney in fact, that an assisted living facility is not required to have a licensed nurse on staff, that the resident may be receiving assistance with self-administration of medication or other tasks from an unlicensed person, and that such assistance, if provided by an unlicensed person, will or will not be overseen by a licensed Pagenurse. 7 of 13 CODING:

(b) “Unlicensed person” means an individual not currently licensed to practice nursing or medicine who is employed by or under contract to an assisted living facility and who has Page 7 of 13 CODING:

Florida Senate - 2022 CS for CS for SB 718 595-03646-22588-02345-22 2022718c22022718c1 nurse.received training with respect to assisting with the self- administration of medication or other tasks in an assisted living facility as provided under s.

(b) “Unlicensed person” means an individual not currently licensed to practice nursing or medicine who is employed by or under contract to an assisted living facility and who has received training with respect to assisting with the self- administration of medication or other tasks in an assisted living facility as provided under s.

(a) Taking the medication, in its previously dispensed, Pageproperly 8labeled ofcontainer, 13including CODING:an insulin syringe that is prefilled with the proper dosage by a pharmacist and an insulin pen that is prefilled by the manufacturer, from where it is stored, and bringing it to the resident.

For purposes of this Page 8 of 13 CODING:

Florida Senate - 2022 CS for CS for SB 718 595-03646-22588-02345-22 2022718c22022718c1 properlyparagraph, labeled container, including an insulin syringe that is prefilled with the proper dosage by a pharmacist and an insulin pen that is prefilled by the manufacturer,manufacturer fromare whereconsidered itmedications isin stored,previously anddispensed, bringingproperly itlabeled tocontainers. the resident.

For purposes of this paragraph, an insulin syringe that is prefilled with the proper dosage by a pharmacist and an insulin pen that is prefilled by the manufacturer are considered medications in previously dispensed, properly labeled containers.

(h) Using a glucometer to perform blood-glucose level checks.

(i) Assisting with putting on and taking off antiembolism stockings.