reglab/statecodes huggingface dataset:
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.004 - Licensure Procedure (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.497 FS. Law Implemented 400.471,
					 400.512, 408.810, 408.806, 408.8065, 408.809
					 FS.
New 4-19-76, Formerly 10D-68.04, Amended 4-30-86, 8-10-88,
					 5-30-90, 6-12-91, 10-6-91, Formerly 10D-68.004, Amended 4-27-93, 10-27-94,
					 1-30-97, 1-17-00, 7-18-01, 9-22-05, 8-15-06, 3-29-07, 7-11-13, 6-16-15,
					 Repealed 2-1-18.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.005 - Certificates of Exemption and Exempt Status

Current through Reg. 50, No. 138; July 16, 2024
(1) Persons, organizations, and entities,
				hereafter referred to as entities, exempt from home health agency license
				requirements are set forth in Section
				400.464(5),
				F.S. An entity is not required to have, but may voluntarily apply for a
				certificate of exemption.
(2)
				Entities that claim an exemption, either by filing an application for a
				certificate of exemption with the AHCA and receiving a certificate of
				exemption, or self-determining, must maintain an exempt status at all times of
				operation.
(3) An applicant for a
				certificate of exemption from the home health agency licensure requirements
				must apply using the Application for Certification of Exemption from Licensure
				as a Home Health Agency, AHCA Form 3110-1009, July 2021, which is incorporated
				by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13999
.
				The form is also available at:
				http://ahca.myflorida.com/HQAlicensureforms.
(4) The applicant for a certificate of
				exemption must affirm:
(a) The specific
				exemption sought pursuant to Section
				400.464(5),
				F.S.;
(b) The qualifying
				requirements for obtaining and maintaining an exempt status;
(c) The current existence of applicable
				exemption-qualifying health care practitioner licenses, qualified ownership,
				qualified certifications or registration of the entity;
(d) The federal employer identification
				number;
(e) Proof of legal
				existence and fictitious name, when the entity and name are required to be
				filed with the Division of Corporations, Department of State; and
(f) Other satisfactory proof required by the
				form adopted by this rule.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.007 - Geographic Service Area

Current through Reg. 50, No. 138; July 16, 2024
(1) An applicant for
				initial licensure, change of ownership, or the addition of skilled care
				services must apply for one or more counties within a geographic service area
				in which the main office is located on the Health Care Licensing Application,
				Home Health Agency, AHCA Form 3110-1011, April 2019, incorporated by reference
				in subsection 59A-8.003(1),
				F.A.C., pursuant to Sections
				408.032(5) and
				400.497(9),
				F.S.
(2) In any request for
				expansion of the geographic service area, the home health agency's previous
				history of survey results and administrative actions including fines,
				suspensions, revocations or injunctions will be reviewed to establish the home
				health agency's ability to provide quality services within the requested area.
				In addition, the application for an expanded geographic service area must
				include a plan for:
(a) Coverage of the
				professional staff which takes into account the projected number of clients in
				the requested geographic service area; and,
(b) Supervision of the staff in the requested
				geographic service area.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.008 - Scope of Services

Current through Reg. 50, No. 138; July 16, 2024
(1) In cases of
				patients requiring only nursing, or in cases requiring nursing and physical,
				respiratory, occupational or speech therapy services, or nursing and dietetic
				and nutrition services, the agency shall provide case management by a licensed
				registered nurse directly employed by the agency.
(2) In cases of patients receiving only
				physical, speech, respiratory or occupational therapy services, or in cases of
				patients receiving only one or more of these therapy services and home health
				aide services, case management shall be provided by the licensed therapist, who
				is a direct employee of the agency or a contractor.
(3) In cases of patients receiving only
				dietetic and nutrition services, case management shall be provided by the
				licensed dietitian/nutritionist who is a direct employee of the agency or an
				independent contractor.
(4) The
				agency's application for licensure shall state explicitly what services will be
				provided directly by agency employees or by contracted personnel, if services
				are provided by contract. The home health agency shall provide at least one
				service directly to patients.
(5) A
				home health agency which directly contracts with a resident of an assisted
				living facility or adult family care home to provide home health services shall
				coordinate with the facility or home regarding the resident's condition and the
				services being provided in accordance with the policy of the facility or home
				and if agreed to by the resident or the resident's representative. The home
				health agency shall retain responsibility for the care and services it provides
				and it shall avoid duplication of services by not providing care the assisted
				living facility is obligated, by resident contract, to provide to the
				patient.
(6) If a home health
				agency occupies space within a licensed assisted living facility, and this
				space is not licensed as a home health agency, the home health agency must
				notify AHCA, in writing, whether the space is a satellite office or a drop-off
				site, as defined in Rule
				59A-8.002,
				F.A.C.
Rulemaking Authority 400.487, 400.497, 400.509 FS. Law
					 Implemented 400.497 FS.
New 4-19-76, Formerly 10D-68.08, Amended 4-30-86, 8-10-88,
					 5-30-90, Formerly 10D-68.008, Amended 10-27-94, 1-17-00, 7-18-01,
					 9-22-05.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.0086 - Denial, Suspension, Revocation of License and Imposition of Fines (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.497 FS. Law Implemented 120.59,
					 400.474, 400.484 FS.
New 10-27-94, Amended 1-17-00, 7-18-01, 9-22-05, 8-15-06,
					 3-29-07, Repealed 10-2-11.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.0088 - Right of Inspection (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.497 FS. Law Implemented 400.484
					 FS.
New 10-27-94, Repealed
					 1-20-97.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.009 - Personnel Policies (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.478, 400.497 FS. Law Implemented
					 400.497 FS.
New 4-19-76, Formerly 10D-68.09, Amended 4-30-86, 8-10-88,
					 5-30-90, 6-21-91, Formerly 10D-68.009, Amended 4-27-93, Repealed
					 1-20-97.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.0095 - Personnel

Current through Reg. 50, No. 138; July 16, 2024
(1) Administrator.
(a) The administrator of the agency shall:
1. Meet the criteria as defined in Sections
				400.462(1) and
				400.476(1),
				F.S.
2. Designate, in writing a
				direct employee or an individual covered under a management company contract to
				manage the home health agency or an employee leasing contract that provides the
				agency with full control over all operational duties and responsibilities to
				serve as an on-site alternate administrator during absences of the
				administrator. This person will be available during designated business hours,
				when the administrator is not available. Available during designated business
				hours means being readily available on the premises or by telecommunications.
				During the absence of the administrator, the alternate administrator will have
				the responsibility and authority for the daily operation of the agency. The
				alternate administrator must meet the criteria as defined in Sections
				400.462(1) and
				400.476(1),
				F.S.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.0097 - Medication Training and Validation

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Home health aides and Certified Nursing Assistants (CNA) must receive training
				prior to providing services and each calendar year thereafter as required. Home
				health aides and CNAs performing tasks delegated by a registered nurse (RN),
				including medication administration, may require additional training and
				validation to be qualified to perform the tasks in the home setting. Training
				may be provided as in-service training unless otherwise specified in statute.
				Medicare and Medicaid agencies should check federal regulations for additional
				in-service training requirements.
(2) Definitions
(a) A medication administration route is the
				path through which medication is delivered to a patient. For the proposes this
				rule, routes of administration are defined as follows:
1. "Buccal" means medication is placed in the
				mouth between the cheek and gum.
2.
				"Enteral" means medication is delivered by oral route, sublingual or buccal
				route, or rectal route.
3.
				"Inhaled" means medication is administered as nose drops or nose spray, or
				medication is inhaled by mouth, such as with an inhaler or nebulizer.
4. "Ophthalmic" means solution or ointment
				medication is instilled into the eye or applied on or around the
				eyelid.
5. "Oral" means medication
				including, but not limited to, tablet, capsule, liquid, or powder form is
				introduced into the gastrointestinal tract by mouth.
6. "Otic" means solutions or ointment
				medication is placed in the outer ear canal or applied around the outer
				ear.
7. "Parenteral" means
				medication is injected into the body through some route other than the
				digestive tract, such as subcutaneous, intra-dermal, intra-muscular, or
				intravenous administration.
8.
				"Rectal" means any medication including, but not limited to, capsule, enema,
				gel, or suppository administered via the rectum.
9. "Sublingual" means medication is placed in
				the mouth under the tongue.
10.
				"Topical" means medication including, but not limited to, salve, lotion,
				ointment, cream, spray, shampoo, or solution applied locally to a body
				part.
11. "Transdermal" means a
				patch containing a pre-measured or measured amount of topical medication that
				is absorbed into the body via the epidermis (outer layer of skin).
12. "Vaginal" means any medication including,
				but not limited to, capsule, cream, or ointment that is administered via the
				internal vagina. This route does not include medications applied to the
				epidermis external to the vagina.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.0099 - Minimum Training Requirements for Home Health Aides for Medically Fragile Children

Current through Reg. 50, No. 138; July 16, 2024
(1) A licensed home
				health agency that provides skilled care and accepts Medicaid may train and
				employ any person 18 years of age or older as a home health aide for medically
				fragile children as defined in section
				400.462, F.S., hereafter
				referred to as an "AMFC," that meets the eligibility requirements of section
				400.4765, F.S., and has
				successfully completed required training.
(2) Home Health Agency Personnel. An AMFC is
				considered an employee of the home health agency pursuant to section
				400.4765, F.S. An AMFC may only
				provide services to an eligible relative as defined in section
				400.462, F.S., as assigned or
				delegated by, and under the supervision of, a registered nurse (RN).
(a) Prior to an AMFC providing services, the
				home health agency shall have on file documentation of the aide's successful
				completion of an approved training program as outlined by this rule.
(b) An AMFC shall provide services within the
				scope of their training as outlined by this rule and sections
				400.4765 and
				400.489, F.S., and may provide
				other services as taught by a licensed health professional employee or
				contractor of the home health agency for an eligible relative. A home health
				aide may be trained to become an AMFC provided they meet the requirements of
				sections 400.462 and
				400.4765, F.S., and complete an
				approved training program as outlined by this rule.
(c) An RN employed or contracted with the
				home health agency must conduct supervisory visits of the AMFC at least every
				60 days. The home health agency must maintain documentation of such
				visits.
(d) Home health agencies
				that offer training in accordance with the minimum requirements outlined by
				this rule must document their course curriculum to be made available for review
				as requested by the Agency.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.010 - Administrator (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.497 FS. Law Implemented 400.471
					 FS.
New 4-19-76, Formerly 10D-68.10, Amended 4-30-86, 8-10-88,
					 Formerly 10D-68.010, Amended 10-27-94, Repealed
					 1-20-97.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.011 - Nursing Director (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.497 FS. Law Implemented 400.462,
					 400.471, 400.497 FS.
New 4-19-76, Formerly 10D-68.11, Amended 4-30-86, 8-10-88,
					 Formerly 10D-68.011, Amended 10-27-94, Repealed
					 1-20-97.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.012 - Registered Nurse (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.497 FS. Law Implemented 400.471,
					 400.497 FS.
New 4-19-76, Formerly 10D-68.12, Amended 4-30-86, 8-10-88,
					 Formerly 10D-68.012, Amended 10-27-94, Repealed
					 1-20-97.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.013 - Licensed Practical Nurse (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.497 FS. Law Implemented 400.471
					 FS.
New 4-19-76, Formerly 10D-68.10, Amended 4-30-86, 8-10-88,
					 Formerly 10D-68.010, Amended 10-27-94, Repealed
					 1-20-97.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.014 - Home Health Aide (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.497 FS. Law Implemented 400.471,
					 400.487 FS.
New 4-19-76, Formerly 10D-68.14, Amended 4-30-86, 8-10-88,
					 5-30-90, 6-12-91, 5-27-92, Formerly 10D-68.014, Amended 10-27-94, Repealed
					 1-20-97.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.015 - Physical Therapist and Physical Therapist Assistant (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.497(2) FS. Law Implemented
					 400.462, 400.471, 400.497 FS.
New 4-19-76, Formerly 10D-68.15, Amended 4-30-86, 8-10-88,
					 Formerly 10D-68.015, Amended 10-27-94, Repealed
					 1-20-97.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.016 - Speech Pathologist (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.497 FS. Law Implemented 400.471,
					 400.497 FS.
New 4-19-76, Formerly 10D-68.16, Amended 4-30-86, 8-10-88,
					 Formerly 10D-68.016, Amended 10-27-94, Repealed
					 1-20-97.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.017 - Occupational Therapist and Occupational Therapist Assistant (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.497 FS. Law Implemented 400.471,
					 400.497 FS.
New 4-19-76, Formerly 10D-68.17, Amended 4-30-86, 8-10-88,
					 Formerly 10D-68.017, Amended 10-27-94, Repealed
					 1-20-97.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.0175 - Respiratory Therapist (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.497 FS. Law Implemented 400.471,
					 400.497 FS.
New 10-27-94, Repealed
					 1-20-97.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.018 - Social Worker (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.497 FS. Law Implemented 400.471,
					 400.497 FS.
New 4-19-76, Formerly 10D-68.18, Amended 4-30-86, 8-10-88,
					 Formerly 10D-68.018, Amended 10-27-94, Repealed
					 1-20-97.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.0185 - Personnel Policies (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.497 FS. Law Implemented 400.471,
					 400.497 FS.
New 10-27-94, Amended 1-17-00, 7-18-01, 9-22-05, 8-15-06,
					 Repealed 10-2-11.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.019 - Homemakers, Companions, and Sitters Employed by Home Health Agencies (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.497 FS. Law Implemented 400.471,
					 400.497 FS.
New 4-19-76, Formerly 10D-68.19, Amended 4-30-86, 8-10-88,
					 Formerly 10D-68.019, Amended 10-27-94, Repealed
					 1-20-97.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.0205 - Advance Directives (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 765.110 FS. Law Implemented 765.110
					 FS.
New 1-11-93, Repealed
					 1-20-97.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.021 - Patient Care Plan and Plan of Treatment (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.497 FS. Law Implemented 400.487
					 FS.
New 4-19-76, Formerly 10D-68.21, Amended 4-30-86, 8-10-88,
					 Formerly 10D-68.021, Repealed
					 10-27-94.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.0215 - Plan of Care

Current through Reg. 50, No. 138; July 16, 2024
(1) A plan of care
				shall be established in consultation with the physician, physician assistant,
				or advanced practice registered nurse, pursuant to section
				400.487, F.S., and the home
				health agency staff who are involved in providing the care and services
				required to carry out the physician, physician assistant, or advanced practice
				registered nurse's treatment orders. The plan must be included in the clinical
				record and available for review by all staff involved in providing care to the
				patient. The plan of care shall contain a list of individualized specific goals
				for each skilled discipline that provides patient care, with implementation
				plans addressing the level of staff who will provide care, the frequency of
				home visits to provide direct care and case management.
(2) Home health agency staff must follow the
				physician, physician assistant, or advanced practice registered nurse's
				treatment orders that are contained in the plan of care. If the orders cannot
				be followed and must be altered in some way, the patient's physician, physician
				assistant, or advanced practice registered nurse must be notified and must
				approve of the change. Any verbal changes are put in writing and signed and
				dated with the date of receipt by the nurse or therapist who talked with the
				physician, physician assistant, or advanced practice registered nurse's
				office.
(3) The patient, caregiver
				or guardian must be informed by the home health agency personnel that:
(a) He has the right to be informed of the
				plan of care;
(b) He has the right
				to participate in the development of the plan of care; and,
(c) He may have a copy of the plan if
				requested.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.0216 - RN Delegation of Tasks

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				registered nurse (RN) may delegate tasks to a home health aide or certified
				nursing assistant (CNA) in accordance with Sections
				400.489,
				400.490,
				464.0156 and
				464.2035, F.S., provided the
				following criteria are met:
(a) The home
				health agency is licensed to provide skilled care;
(b) The home health aide or CNA has met the
				training and validation pursuant to Section
				400.489 and
				464.2035, F.S., and Rule
				59A-8.0097, F.A.C.;
(c) The registered nurse delegating the task
				determines that the home health aide or CNA is competent to perform the task,
				and
(d) The task meets criteria in
				section (3) of this rule.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.0218 - Service Provision Plan (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.497 FS. Law Implemented 400.487
					 FS.
New 10-27-94, Amended 1-17-00, Repealed
					 7-18-01.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.022 - Clinical Records

Current through Reg. 50, No. 138; July 16, 2024
(1) A clinical
				record must be maintained for each patient receiving nursing or therapy
				services that includes all the services provided directly by the employees of
				the home health agency and those provided by contracted individuals or
				agencies.
(2) No information may be
				disclosed from the patient's file without the written consent of the patient or
				the patient's guardian. All information received by any employee, contractor,
				or AHCA employee regarding a patient of the home health agency is confidential
				and exempt from chapter 119, F.S.
(3) If the patient transfers to another home
				health agency, a copy of his record must be transferred at his
				request.
(4) All clinical records
				must be retained by the home health agency as required in section
				400.491, F.S. Retained records
				can be stored as hard paper copy, microfilm, computer disks or tapes and must
				be retrievable for use during unannounced surveys as required in section
				408.811, F.S.
(5) Clinical records must contain the
				following:
(a) Source of referral;
(b) Physician, physician assistant, or
				advanced practice registered nurse's verbal orders initiated by the physician,
				physician assistant, or advanced practice registered nurse prior to start of
				care and signed by the physician, physician assistant, or advanced practice
				registered nurse as required in section
				400.487(2),
				F.S.
(c) Assessment of the
				patient's needs;
(d) Statement of
				patient or caregiver problems;
(e)
				Statement of patient's and caregiver's ability to provide interim
				services;
(f) Identification sheet
				for the patient with name, address, telephone number, date of birth, sex,
				agency case number, caregiver, next of kin or guardian;
(g) Plan of care or service provision plan
				and all subsequent updates and changes;
(h) Clinical and service notes, signed and
				dated by the staff member providing the service which shall include:
1. Initial assessments and progress notes
				with changes in the person's condition;
2. Services rendered;
3. Observations;
4. Instructions to the patient and caregiver
				or guardian, including administration of and adverse reactions to
				medications;
(i) Home
				visits to patients for supervision of staff providing services;
(j) Reports of case conferences;
(k) Reports to physicians, physician
				assistants, or advanced practice registered nurses;
(l) Termination summary including the date of
				first and last visit, the reason for termination of service, an evaluation of
				established goals at time of termination, the condition of the patient on
				discharge and the disposition of the patient.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.024 - Administration of Drugs and Biologicals (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.497 FS. Law Implemented 400.497
					 FS.
New 4-19-76, Formerly 10D-68.24, Amended 4-30-86, 8-10-88,
					 Formerly 10D-68.024, Amended 10-27-94, 1-17-00, Repealed
					 7-18-01.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.0245 - Advance Directives

Current through Reg. 50, No. 138; July 16, 2024
(1) Each home health
				agency shall have written policies and procedures, which delineate the agency'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 agency's policies and procedures and the
				patient's advance directive, provision should be made in accordance with
				Chapter 765, F.S.
(2) The home
				health agency's policy shall include:
(a)
				Providing each adult patient, in advance of receiving services, with a copy of
				"Health Care Advance Directives - The Patients' Right to Decide", as prepared
				by the Agency for Health Care Administration, revised April 2006, and available
				at
http://www.floridahealthfinder.gov/reports-guides/reports-guides.aspx
,
				which is hereby incorporated by reference (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03070
),
				or with a copy of a document drafted by a person or organization other than
				AHCA which is a written description of Florida's state law regarding advance
				directives;
(b) Providing each
				adult patient, in advance of receiving services, with written information
				concerning the home health agency's policies respecting advance directives;
				and,
(c) The requirement that
				documentation of whether or not the patient has executed an advance directive
				shall be contained in the patient's medical record and not kept solely at
				another location in the agency. If an advanced directive has been executed, a
				copy of that document shall be made a part of the patient's medical record. If
				the home health agency does not receive a copy of the advanced directive for a
				patient, the agency must document that it has requested a copy in the patient's
				record.
(d) A home health agency
				shall be subject to revocation of their license and a fine of not more than
				$500 per incident, or both, pursuant to Section
				400.474(1),
				F.S., if the home health agency, as a condition of treatment or admission,
				requires an individual to execute or waive an advance directive, pursuant to
				Section 765.110,
				F.S.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.0248 - Excellence in Home Health

Current through Reg. 50, No. 138; July 16, 2024
(1) Excellence in
				Home Health Award.
(a) To be considered for an
				Excellence in Home Health Award, a home health agency licensee eligible under
				section 400.52(3),
				F.S., must apply using the Excellence in Home Health Award Application, AHCA
				Form 3110-9002, January 2023, incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15408
or at
http://www.ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Lab_HomeServ/HHA/index.shtml
.
(b) Unless an exception is noted pursuant to
				section 400.52(5),
				F.S., an awarded licensee may use the Excellence in Home Health designation in
				advertising and marketing. Use of the Excellence in Home Health designation in
				advertising and marketing must include the effective and expiration date of the
				award and be used expressly for the awarded licensee. Within 90 days after
				termination or expiration of the award, the Excellence in Home Health
				designation must be removed from all advertising and marketing
				materials.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-8 - MINIMUM STANDARDS FOR HOME HEALTH AGENCIES › Section 59A-8.026 - Penalties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.478, 400.497 FS. Law Implemented
					 400.462, 400.467, 400.474, 400.505 FS.
New 4-30-86, Amended 8-10-88, Formerly 10D-68.026, Repealed
					 10-27-94.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-9 - ABORTION CLINICS › Section 59A-9.018 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 390.012 FS. Law Implemented 381.0012,
					 382, 390.011, 390.012, 390.013 FS.
New 6-13-90, Formerly 10D-72.018, Amended 9-25-06, Repealed
					 5-14-12.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-9 - ABORTION CLINICS › Section 59A-9.019 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following definitions shall apply specifically to
				  abortion clinics.
(1) "Clinical staff"
				means the individuals employed full or part time by an abortion clinic who are
				licensed or certified to provide care prior to, during, or after an
				abortion.
(2) "Facility" means
				those objects, including physical plant, equipment, and supplies necessary for
				providing required services.
(3)
				"Licensed" means that person or facility to which the term is applied has a
				current or valid license, certificate or registration issued by the State of
				Florida to follow his profession or vocation within the State of Florida, and
				when applied to a health care facility means that the facility has a current
				license issued by the Agency.
(4)
				"Medical Director" means a physician currently licensed to practice medicine or
				osteopathy pursuant to Chapter 458 or 459, F.S., who has admitting privileges
				at or has a transfer agreement with a hospital licensed by the state located
				within reasonable proximity to the abortion clinic.
(5) "Patient" means any woman receiving
				services in an abortion clinic.
(6)
				"Period of gestation" means one of three trimesters as defined in Section
				390.011, F.S., corresponding to
				the age of the fetus at the time of abortion.
(7) "Premises" means those buildings, beds,
				and facilities of the clinic and all other buildings, beds, and facilities for
				the performance of abortions located at the main address of the licensee and
				appear to the public to be under the domain and the control of the
				licensee.
(8) "Reasonable
				proximity" means a distance not to exceed thirty (30) minutes transport time by
				emergency vehicle.
(9) "Volunteer"
				means a person who is not employed by the clinic who interacts with patients on
				behalf of the abortion clinic.
Rulemaking Authority 390.012 FS. Law Implemented 390.011,
					 390.012 FS.
New 6-13-90, Amended 4-17-91, Formerly 10D-72.019, Amended
					 8-24-94, 9-25-06, 1-6-15, 4-5-17.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-9 - ABORTION CLINICS › Section 59A-9.020 - Licensure Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) All applicants
				requesting licensure for the operation of an abortion clinic under the
				provisions of Chapters 408 and 390, F.S., shall make application for a license
				to the Agency on the Health Care Licensing Application, Abortion Clinic, AHCA
				Form 3130-1000, July 2016, which is incorporated by reference. The form can be
				obtained at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07596
,
				and from the Agency for Health Care Administration, Hospital and Outpatient
				Services Unit, Mail Stop #31, 2727 Mahan Drive, Tallahassee, Florida 32308, or
				on the Agency website at: http://ahca.myflorida.com/HQAlicensureforms.
				Applicants for renewal of an abortion clinic license may submit the Health Care
				Licensing Online Application, Abortion Clinics, AHCA Form 3130-1000OL, July
				2016, incorporated by reference and available at:
https://www.flrules.org/Gateway/reference.asp?No=Ref-07597
.
				The application forms are available online at:
				http://www/ahca.myflorida.com/HQAlicensureforms or for online renewal
				submissions at: http://apps.ahca.myflorida.com/SingleSignOnPortal.
(2) A licensure fee as listed on the
				application shall accompany each application for a license. The licensure fee
				shall be made payable to the Agency and is not refundable. The licensure fee
				will be established as prescribed by Sections
				408.805 and
				390.014, F.S.
(3) A current license shall be posted in a
				conspicuous place within the licensed premises where it can be viewed by
				patients.
(4) A license, unless
				sooner suspended or revoked, shall automatically expire two years from the date
				of issuance, and shall be renewable biennially upon application for renewal and
				payment of the fee prescribed by the application, provided that the applicant
				and abortion clinic meet the requirements established under Chapters 408 and
				390, F.S., and Chapters 59A-35 and 59A-9, F.A.C.
Rulemaking Authority 390.012, 390.014(3), 408.033, 408.819
					 FS. Law Implemented 390.012, 390.014, 390.015, 408.033, 408.805, 408.806,
					 408.809, 408.810, 408.815 FS.
New 6-13-90, Amended 4-17-91, 10-9-91, Formerly 10D-72.020,
					 Amended 8-24-94, 9-25-06, 1-6-15,
					 4-5-17.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-9 - ABORTION CLINICS › Section 59A-9.021 - Investigations and License and Validation Inspections

Current through Reg. 50, No. 138; July 16, 2024
(1) The Agency has the right to enter upon
				the premises of any abortion clinic or applicant to make or cause to be made
				such inspections and investigations as are necessary to:
(a) Assure compliance with the licensure
				requirements and standards as specified in statute and rule;
(b) Respond to complaints and investigate
				allegations of unlicensed activity;
(c) Protect the public health and
				safety.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-9 - ABORTION CLINICS › Section 59A-9.022 - Physical Plant Requirements for Abortion Clinics When Providing Second Trimester Abortions

Current through Reg. 50, No. 138; July 16, 2024
The following are minimum standards of construction and
				  specified minimum essential physical plant requirements which must be met when
				  providing second trimester abortions.
(1) Consultation room(s) with adequate
				private space specifically designated for interviewing, counseling, and medical
				evaluations;
(2) Dressing rooms
				designated for staff and patients;
(3) Handwashing station(s) equipped with a
				mixing valve and wrist blades and located in each patient exam/procedure room
				or area;
(4) Private procedure
				room(s) with light and ventilation for abortion procedures;
(5) Post-procedure recovery room(s) equipped
				to meet the patient's needs;
(6)
				Emergency exits wide enough to accommodate a standard stretcher or
				gurney;
(7) Cleaning and
				sterilizing area(s) for the cleaning and sterilizing of instruments;
(8) Secure storage area(s) for the storage of
				medical records and necessary equipment and supplies; and,
(9) If not otherwise required by the Florida
				Building Code, at least one general use toilet room equipped with a hand
				washing station.
Rulemaking Authority 390.012(1) FS. Law Implemented
					 390.012(3)(a) FS.
New 9-25-06, Amended
					 4-5-17.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-9 - ABORTION CLINICS › Section 59A-9.0225 - Clinic Supplies and Equipment Standards for Second Trimester Abortions

Current through Reg. 50, No. 138; July 16, 2024
Each abortion clinic providing second trimester abortions
				  shall provide essential clinic supplies and equipment as required in
				  subsections (1) through (7) when performing second trimester abortions.
(1) The following equipment shall be
				maintained in functional condition:
(a) A
				surgical or gynecological examination table(s);
(b) A bed or recliner(s) suitable for
				recovery;
(c) Oxygen with flow
				meters and masks or equivalent;
(d)
				Mechanical suction;
(e)
				Resuscitation equipment to include resuscitation bags and oral
				airways;
(f) Emergency medications,
				intravenous fluids, and related supplies and equipment;
(g) Sterile suturing equipment and
				supplies;
(h) Adjustable
				examination light;
(i) Containers
				for soiled linen and waste materials with covers; and,
(j) Appropriate equipment for the
				administering of general anesthesia, if applicable.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-9 - ABORTION CLINICS › Section 59A-9.024 - Clinic Policies and Procedures for Second Trimester Abortions

Current through Reg. 50, No. 138; July 16, 2024
An abortion clinic providing second trimester abortions shall
				  have written policies and procedures to assure that quality patient care shall
				  relate specifically to the functional activities of clinic services. These
				  written procedures shall apply to second trimester abortions and shall be
				  available and accessible to clinic personnel and shall be reviewed and approved
				  annually by the clinic's medical director. These policies and procedures shall
				  include:
(1) Patient
				admission;
(2) Pre- and
				post-operative care;
(3)
				Physician's orders;
(4) Standing
				orders with required signatures;
(5) Medications, storage and
				administration;
(6)
				Treatments;
(7) Surgical
				asepsis;
(8) Medial
				asepsis;
(9) Sterilization and
				disinfection;
(10) Documentation:
				Medical records and clinic records;
(11) Patient discharge;
(12) Patient transfer;
(13) Emergency measures;
(14) Incident reports;
(15) Personnel orientation;
(16) Inservice education record;
(17) Anesthesia;
(18) Equipment and supplies: availability and
				maintenance;
(19) Volunteers; and,
(20)
				Visitors.
Rulemaking Authority 390.012(1) FS. Law Implemented 390.012
					 FS.
New 9-25-06, Amended
					 4-5-17.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-9 - ABORTION CLINICS › Section 59A-9.025 - Medical Screening and Evaluation of Patients Receiving Second Trimester Abortions

Current through Reg. 50, No. 138; July 16, 2024
(1) Each abortion
				clinic that provides second trimester abortions shall formulate and adhere to
				written patient care policies and procedures designed to ensure professional
				and safe care for patients undergoing second trimester abortions and shall
				maintain a medical record for each such patient that records history, care and
				services. Any abortion clinic that performs second trimester abortions shall
				comply with these patient care policies and procedures for patients undergoing
				second trimester abortions, to include the following:
(a) Admission criteria and
				procedures;
(b) Identification in
				the medical record of physician(s) and nurse(s) involved in providing the
				services offered for patients undergoing second trimester abortions;
(c) Specific details regarding the
				pre-operative procedures performed, to include:
1. History and physical examination, to
				include verification of pregnancy, period of gestation, identification of any
				past surgeries, preexisting conditions or complications; including allergies to
				medications, antiseptic solutions, or latex; and a complete obstetric and
				gynecological history.
2. Special
				examinations, lab procedures, and/or consultations required, to include
				ultrasonography to confirm period of gestation, and a physical examination
				including a bimanual examination estimating uterine size and palpation of the
				adnexa. The physician shall keep original prints of each ultrasound examination
				of a patient in the patient's medical history file. Urine or blood tests for
				pregnancy shall be performed before the abortion
				procedure.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-9 - ABORTION CLINICS › Section 59A-9.026 - Second Trimester Abortion Procedure

Current through Reg. 50, No. 138; July 16, 2024
Any abortion clinic which is providing second trimester
				  abortions must be in compliance with the following standards relative to second
				  trimester abortion procedures.
(1) A
				physician, registered nurse, licensed practical nurse, advanced practice
				registered nurse, or physician assistant shall be available to all patients
				throughout the abortion procedure.
(2) The abortion procedure will be performed
				in accordance with obstetric standards and in keeping with established
				standards of care regarding the estimation of the period of gestation of the
				fetus.
(3) Anesthesia service shall
				be organized under written policies and procedures relating to anesthesia staff
				privileges, the administration of anesthesia, and the maintenance of strict
				safety controls.
(4) Prior to the
				administration of anesthesia, patients shall have a history and physical
				examination by the individual administering anesthesia, including laboratory
				analysis when indicated.
(5)
				Appropriate precautions, such as the establishment of intravenous access for
				patients undergoing post-first trimester abortions.
(6) Appropriate monitoring of the patient's
				vital signs by professionals licensed and qualified to assess the patient's
				condition will occur throughout the abortion procedure and during the recovery
				period until the patient's condition as specified by the type of abortion
				procedure performed, is deemed to be stable in the recovery
				room.
Rulemaking Authority 390.012(1) FS. Law Implemented
					 390.012(3)(e) FS.
New 9-25-06, Amended
					 4-5-17.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-9 - ABORTION CLINICS › Section 59A-9.028 - Post Procedure Follow-up Care for Patients Receiving Second Trimester Abortions

Current through Reg. 50, No. 138; July 16, 2024
Each abortion clinic which is providing second trimester
				  abortions shall comply with the following post procedure follow-up care
				  requirements when providing a second trimester abortion.
(1) The clinic shall offer a post-abortion
				medical visit that includes a medical examination and a review of the results
				of all laboratory tests.
(2) A
				urine pregnancy test will be obtained at the time of the follow-up visit to
				rule out continuing pregnancy. If a continuing pregnancy is suspected, the
				patient shall be evaluated and a physician who performs abortions shall be
				consulted.
(3) The clinic shall
				provide for the education of the patient in post procedure care, including
				specific instructions in case of emergency.
Rulemaking Authority 390.012(1) FS. Law Implemented
					 390.012(3)(g) FS.
New 9-25-06, Amended
					 4-5-17.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-9 - ABORTION CLINICS › Section 59A-9.029 - Abortion Clinic Incident Reporting for Second Trimester Abortions

Current through Reg. 50, No. 138; July 16, 2024
This section shall apply to incidents involving patients
				  receiving second trimester abortions in any abortion clinic providing second
				  trimester abortions. An abortion clinic shall maintain a record of each
				  incident that results in serious injury as defined in section 390.012(3)(h)1.,
				  F.S., to a patient or a viable fetus.
(1) Each incident must be reported to the
				Agency within 10 days after the incident occurs.
(2) The report must be submitted on the
				Abortion Clinic Incident Report, AHCA Form 3130-1003OL, March 2019, which is
				hereby incorporated by reference. The form is only accepted electronically and
				is available at:
http://ahca.myflorida.com/SCHS/RiskMgtPubSafety/RiskManagement.shtml
.
				A copy of the form can also be found at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-10855
.
(3) If a patient death occurs the abortion
				clinic shall report the death to the Department and the appropriate regulatory
				board not later than the next workday. The report to the Department shall be
				filed as required by rule
				64V-1.0061,
				F.A.C.
Rulemaking Authority 390.012(1) FS. Law Implemented
					 390.012(3)(h) FS.
New 9-25-06, Amended 4-5-17,
					 8-29-19.