400.509 Registration of particular service
providers exempt from licensure; certificate of registration; regulation of
registrants. ---
(1) Any person that provides domestic maid services, sitter
services, companion services, or homemaker services and does not provide a
home health service to a person is exempt from licensure under this part.
However, any person that provides sitter services for adults, companion
services, or homemaker services must register with the Agency for Health Care
Administration.
(2) Registration consists of annually filing with the Agency for
Health Care Administration, under oath, on forms provided by it, the following
information:
(a) The name, address, date of birth, and social security number of
the individual, or the name and address of the person, providing the
service.
(b) If the registrant is a firm or partnership, the name, address,
date of birth, and social security number of every member.
(c) If the registrant is a corporation or association, its name and
address, the name, address, date of birth, and social security number of each
of its directors and officers, and the name and address of each person having
at least a 10-percent interest in the corporation or association.
(d) The name, address, date of birth, and social security number of
each person employed or under contract.
(3) The Agency for Health Care Administration shall charge a
registration fee of $25 to be submitted with the information required under
subsection (2).
(4) Each registrant must establish the employment history of
persons employed or under contract having contact at any time with patients in
their homes by:
(a) Requiring persons employed or under contract to submit an
employment history to the registrant; and
(b) Verifying the employment history, unless through diligent efforts
such verification is not possible. The Agency for Health Care Administration
shall prescribe by rule the minimum requirements for establishing that
diligent efforts have been made.
There is no monetary liability on the part of, and no cause of action for
damages arises against, a former employer of a prospective employee of or
prospective independent contractor with a registrant who reasonably and in
good faith communicates his or her honest opinions about the former employee's
job performance. This subsection does not affect the official immunity of an
officer or employee of a public corporation.
(5) On or before the first day on which services are provided to
a patient, any registrant under this part must inform the patient and his or
her immediate family, if appropriate, of the right to report abusive,
neglectful, or exploitative practices. The statewide toll-free telephone
number for the central abuse registry must be provided to patients in a manner
that is clearly legible and must include the words: "To report abuse,
neglect, or exploitation, please call toll-free
(phone number)."
Registrants must establish appropriate policies and procedures for providing
such notice to patients.
(6) The provisions of s. 400.512 regarding screening apply to any
person or business entity registered under this section on or after October 1,
1989.
(7) Upon verification that all requirements for registration have
been met, the Agency for Health Care Administration shall issue a certificate
of registration valid for no more than 1 year.
(8) The Agency for Health Care Administration may deny, suspend,
or revoke the registration of a person that:
(a) Fails to comply with this section or applicable rules.
(b) Commits an intentional, reckless, or negligent act that
materially affects the health or safety of a person receiving
services.
(9) The Agency for Health Care Administration may institute
injunctive proceedings under s. 400.515.
(10) A person that offers or advertises to the public a service
for which registration is required must include in its advertisement the
registration number issued by the Agency for Health Care
Administration.
(11) It is unlawful for a person to offer or advertise to the
public services, as defined by rule, without obtaining a certificate of
registration from the Agency for Health Care Administration. It is unlawful
for any holder of a certificate of registration to advertise or hold out to
the public that he or she holds a certificate of registration for other than
that for which he or she actually holds a certificate of registration. Any
person who violates this subsection is subject to injunctive proceedings under
s. 400.515.
(12) Any duly authorized officer or employee of the Agency for
Health Care Administration has the right to make such inspections and
investigations as are necessary in order to respond to complaints or to
determine the state of compliance with this section and applicable rules.
(a) If, in responding to a complaint, an officer or employee of the
Agency for Health Care Administration has reason to believe that a crime has
been committed, he or she shall notify the appropriate law enforcement
agency.
(b) If, in responding to a complaint, an officer or employee of the
Agency for Health Care Administration has reason to believe that abuse,
neglect, or exploitation has occurred, according to the definitions in chapter
415, he or she shall file a report under chapter 415.
(13) The Agency for Health Care Administration shall adopt rules
to administer this section.
History: ss. 2, 3, ch. 87-123; s. 3, ch. 88-219; s. 66, ch. 91-221; s. 30, ch.
91-263; ss. 6, 23, ch. 93-214; s. 787, ch. 95-148.
Note. Former s. 400.478.
