Current through Reg. 50, No. 187; September 24, 2024
(1) The Center shall have a Governing
Authority which shall establish policies in compliance with this rule chapter.
Governing Authority, as defined in this rule chapter, may consist of one or
more people, and designation of its membership or composition shall be
determined by the Owner or Operator. The Governing Authority shall be
responsible for ensuring compliance with standards requiring that:
(a) Admission criteria shall be determined by
the Owner, Operator or Governing Authority and it may limit Participant
eligibility to adults with Functional Impairments, in need of a protective
environment or a program of therapeutic social and health activities and
services as defined in this rule chapter. The Operator will assure that the
admission of each Participant shall be reviewed within the confines of specific
requirements set forth below:
1. Within
forty-five days prior to admission to the Center, each person applying to be a
Participant shall provide a statement signed by a physician licensed under
chapters 458 and 459, F.S., a Florida licensed health care provider under the
direct supervision of a physician, or a county public health unit. The
statement must be signed within forty-five days prior to admission to the
Center, and must state that the applicant is free from tuberculosis in the
communicable form and free from signs and symptoms of any other communicable
disease. Any Participant who is diagnosed as having a communicable disease
shall be excluded from participation until deemed non-infectious. However,
Participants who have Human Immunodeficiency Virus (HIV) infection may be
admitted to the Center, provided that they would otherwise be eligible
according to this rule.
2. No
Participant shall be admitted or retained in a Center if he or she requires
services from the Center that are beyond those that the Center is licensed to
provide.
3. No Participant who
requires medication during the time spent at the Center and who is incapable of
self-administration of medication shall be admitted or retained unless there is
a Staff member licensed according to Florida law to administer medications who
will provide this service. A person licensed according to Florida law includes:
a physician licensed under chapters 458 and 459, F.S.; an advanced registered
nurse practitioner certified under chapter 464, F.S.; a dentist licensed under
chapter 466, F.S.; a registered nurse or licensed practical nurse licensed
under chapter 464, F.S.; or a physician's assistant, licensed under chapter
458, F.S.
(b) Provision
is made for a safe physical plant equipped and staffed to maintain the Center
and services provided as defined in this rule chapter.
(2) The Governing Authority shall ascertain
that the Owner or Operator or the designated responsible person shall be on the
premises during the Center's hours of operation.
(3) Each Center shall be under the
administrative control of the Operator or Assistant Operator. The Operator may
supervise more than one Center, provided that a qualified, responsible
Assistant Operator, duly appointed in writing, is in charge of each facility
during the Operator's absence.
(4)
The Center shall employ qualified Staff to provide the services, personal
assistance and safety measures required by the Participants.
(5) The Owner or Operator shall:
(a) Develop a written job description for
each Staff member containing a list of qualifications, duties, responsibilities
and accountability required of each Staff member.
(b) Establish and maintain a personnel file
for each Staff member to include:
1. Name,
home address, phone number,
2.
Education and experience,
3. Job
assignment,
4. Evaluation of
performance at least yearly,
5.
Dates of employment and termination,
6. Character references, including former
employers and supervisors,
7. A
signed statement from a Florida licensed physician, a Florida licensed health
care provider under the direct supervision of a physician, or a county public
health unit, that the employee is free from tuberculosis in a communicable
form, and free from apparent signs and symptoms of other communicable diseases.
The statement must be signed no less than forty-five days prior to beginning
work in the Center.
8. Training
certificates or copies of training certificates as required by subsection
58A-6.016(7),
F.A.C.
(6) The
Owner or Operator shall also be responsible for the administration of all
components of the facility and accountable for the implementation and
enforcement of all policies and procedures, standards of care, and program
development in accordance with the social, physical and mental capabilities and
needs of the Participants served.
(7) The Owner or Operator shall ensure that
each employee:
(a) Maintains personal
cleanliness and hygiene;
(b)
Refrains from abusive, immoral or other unacceptable conduct such as the use of
alcohol, illegal use of narcotics or other impairing drugs, and behavior or
language which may be injurious to Participants;
(c) Who is diagnosed as having a communicable
disease after beginning work in the Center shall be excluded from working until
deemed non-infectious in the work setting.
(8) The Owner or Operator or Assistant
Operator shall be responsible for enforcing the following minimum personnel
staffing for Adult Day Care Centers and shall designate substitute Staff to be
available in emergencies.
(a) A minimum Staff
ratio of one Staff member who provides direct services for every six
Participants shall be present in the Center at all times.
(b) No less than two Staff members, one of
whom has a certification in an approved first aid course and CPR, shall be
present in the Center at all times.
(c) At all times staffing shall be maintained
to meet the needs of the Participants as required by the Participant Files,
including Centers which serve persons with Alzheimer's disease and related
disorders, persons with physical handicaps, or other special target
populations.
(d) The Owner or
Operator may serve in dual capacity as a registered nurse, occupational
therapist, physical therapist, speech-language pathologist, or social worker,
if licensed as required by Florida law and qualified to provide such
services.
(e) The Owner or Operator
may be counted as one of the required Staff members provided the Owner or
Operator provides direct services and is included in the work schedule for the
Center. However, the Owner or Operator shall not be counted more than once in
the Staff/Participant ratio, calculated on the basis of daily
census.
(9) Center Staff
whose conduct constitutes abuse, neglect, or exploitation of a Participant
shall immediately be terminated from employment and shall be reported to the
Department of Children and Families in accordance with section
415.103, F.S.
(10) No administrator who has been terminated
pursuant to the provisions of subsection (9), shall accept employment in an
Adult Day Care Center and no Owner or Operator of a Center shall knowingly
employ any person who has been terminated pursuant to subsection (9).
(11) The Governing Authority shall establish
policies and procedures to facilitate reporting of abuse, neglect or
exploitation as defined in section
415.102, F.S., and in accordance
with section 415.103, F.S., and shall ensure
that the statewide toll free telephone number of the Department of Children and
Families central abuse hotline, accompanied by the words "To Report the Abuse,
Neglect, or Exploitation of an Elderly or Disabled Person, Please Call the Toll
Free Number 1(800)96-ABUSE" is posted in a prominent place in the Center and
made clearly visible.
Rulemaking Authority 429.929 FS. Law Implemented 429.929
FS.
New 7-8-81, Amended 2-27-84, Formerly 10A-6.06, 10A-6.006,
59A-16.006, Amended 11-9-95,
3-29-98, 10-23-01, 8-3-15, Formerly
58A-6.006,
7-1-19.
