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The Florida Statutes

The 2018 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES
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F.S. 400.998
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 compliance with the training requirements of this part and applicable rules, the employment application, references, a copy of each job performance evaluation, and, for each staff member who performs services for which licensure or certification is required, a copy of all licenses or certification held by that staff member.
(3) The licensee must:
(a) Develop and implement infection control policies and procedures and include the policies and procedures in the licensee’s policy manual.
(b) Maintain liability insurance as defined in s. 624.605(1)(b).
(c) Designate one person as an administrator to be responsible and accountable for the overall management of the facility.
(d) Designate in writing a person to be responsible for the facility when the administrator is absent from the facility for more than 24 hours.
(e) Designate in writing a program director to be responsible for supervising the therapeutic and behavioral staff, determining the levels of supervision, and determining room placement for each client.
(f) Designate in writing a person to be responsible when the program director is absent from the facility for more than 24 hours.
(g) Obtain approval of the comprehensive emergency management plan, pursuant to s. 400.9982(2)(e), from the local emergency management agency. Pending the approval of the plan, the local emergency management agency shall ensure that the following agencies, at a minimum, are given the opportunity to review the plan: the Department of Health, the Agency for Health Care Administration, and the Division of Emergency Management. Appropriate volunteer organizations shall also be given the opportunity to review the plan. The local emergency management agency shall complete its review within 60 days after receipt of the plan and either approve the plan or advise the licensee of necessary revisions.
(h) Maintain written records in a form and system that comply with medical and business practices and make the records available by the facility for review or submission to the agency upon request. The records shall include:
1. A daily census record that indicates the number of clients currently receiving services in the facility, including information regarding any public funding of such clients.
2. A record of each accident or unusual incident involving a client or staff member that caused, or had the potential to cause, injury or harm to any person or property within the facility. The record shall contain a clear description of each accident or incident; the names of the persons involved; a description of medical or other services provided to these persons, including the provider of the services; and the steps taken to prevent recurrence of such accident or incident.
3. A copy of current agreements with third-party providers.
4. A copy of current agreements with each consultant employed by the licensee and documentation of a consultant’s visits and required written and dated reports.
History.s. 1, ch. 2015-25.