400.997 Legislative intent.—It is the intent of the Legislature to provide for the licensure of transitional living facilities and require the development, establishment, and enforcement of basic standards by the Agency for Health Care Administration to ensure quality of care and services to clients in transitional living facilities. It is the policy of the state that […]
400.9971 Definitions.—As used in this part, the term: (1) “Agency” means the Agency for Health Care Administration. (2) “Chemical restraint” means a pharmacologic drug that physically limits, restricts, or deprives a person of movement or mobility, is used for client protection or safety, and is not required for the treatment of medical conditions or symptoms. (3) “Client’s representative” means […]
400.9972 License required; fee; application.— (1) The requirements of part II of chapter 408 apply to the provision of services that require licensure pursuant to this part and part II of chapter 408 and to entities licensed by or applying for licensure from the agency pursuant to this part. A license issued by the agency is required […]
400.9973 Client admission, transfer, and discharge.— (1) A transitional living facility shall have written policies and procedures governing the admission, transfer, and discharge of clients. (2) The admission of a client to a transitional living facility must be in accordance with the licensee’s policies and procedures. (3) To be admitted to a transitional living facility, an individual must have […]
400.9974 Client comprehensive treatment plans; client services.— (1) A transitional living facility shall develop a comprehensive treatment plan for each client as soon as practicable but no later than 30 days after the initial comprehensive treatment plan is developed. The comprehensive treatment plan must be developed by an interdisciplinary team consisting of the case manager, the program […]
400.9975 Licensee responsibilities.— (1) The licensee shall ensure that each client: (a) Lives in a safe environment free from abuse, neglect, and exploitation. (b) Is treated with consideration and respect and with due recognition of personal dignity, individuality, and the need for privacy. (c) Retains and uses his or her own clothes and other personal property in his or her […]
400.9976 Administration of medication.— (1) An individual medication administration record must be maintained for each client. A dose of medication, including a self-administered dose, shall be properly recorded in the client’s record. A client who self-administers medication shall be given a pill organizer. Medication must be placed in the pill organizer by a nurse. A nurse shall […]
400.9977 Assistance with medication.— (1) Notwithstanding any provision of part I of chapter 464, the Nurse Practice Act, unlicensed direct care services staff who provide services to clients in a facility licensed under this part may administer prescribed, prepackaged, and premeasured medications after the completion of training in medication administration and under the general supervision of a […]
400.9978 Protection of clients from abuse, neglect, mistreatment, and exploitation.—The licensee shall develop and implement policies and procedures for the screening and training of employees; the protection of clients; and the prevention, identification, investigation, and reporting of abuse, neglect, mistreatment, and exploitation. The licensee shall identify clients whose personal histories render them at risk for abusing […]
400.9979 Restraint and seclusion; client safety.— (1) A facility shall provide a therapeutic milieu that supports a culture of individual empowerment and responsibility. The health and safety of the client shall be the facility’s primary concern at all times. (2) The use of physical restraints must be ordered and documented by a physician, physician assistant, or advanced practice […]
400.998 Personnel background screening; administration and management procedures.— (1) The agency shall require level 2 background screening for licensee personnel as required in s. 408.809(1)(e) and pursuant to chapter 435 and s. 408.809. (2) The licensee shall maintain personnel records for each staff member that contain, at a minimum, documentation of background screening, a job description, documentation of […]
400.9981 Property and personal affairs of clients.— (1) A client shall be given the option of using his or her own belongings, as space permits; choosing a roommate if practical and not clinically contraindicated; and, whenever possible, unless the client is adjudicated incompetent or incapacitated under state law, managing his or her own affairs. (2) The admission of […]
400.9982 Rules establishing standards.— (1) It is the intent of the Legislature that rules adopted and enforced pursuant to this part and part II of chapter 408 include criteria to ensure reasonable and consistent quality of care and client safety. The rules should make reasonable efforts to accommodate the needs and preferences of the client to enhance […]
400.9983 Violations; penalties.—A violation of this part or any rule adopted pursuant thereto shall be classified according to the nature of the violation and the gravity of its probable effect on facility clients. The agency shall indicate the classification on the written notice of the violation as follows: (1) Class “I” violations are defined in s. 408.813. […]
400.9984 Receivership proceedings.—The agency may apply s. 429.22 with regard to receivership proceedings for transitional living facilities. History.—s. 1, ch. 2015-25.
400.9985 Interagency communication.—The agency, the department, the Agency for Persons with Disabilities, and the Department of Children and Families shall develop electronic systems to ensure that relevant information pertaining to the regulation of transitional living facilities and clients is timely and effectively communicated among agencies in order to facilitate the protection of clients. Electronic sharing of […]
