Florida Administrative Code
59 - AGENCY FOR HEALTH CARE ADMINISTRATION
59A - Health Facility and Agency Licensing
Chapter 59A-16 - ADULT DAY CARE
Section 59A-16.109 - Physical Plant, Sanitary Conditions, Housekeeping Standards and Maintenance

Universal Citation: FL Admin Code R 59A-16.109

Current through Reg. 50, No. 187; September 24, 2024

(1) The Center shall provide adequate, safe and sanitary facilities appropriate for the services provided by the Center and for the needs of the Participants. All Centers receiving federal funds shall meet regulations for access to the handicapped in compliance with the Americans With Disabilities Act of 1990.

(2) The Participant Capacity shall be determined by the total amount of Net Floor Space available for all of the Participants. Centers licensed prior to the effective date of this rule shall provide 30 square feet of net floor area per Participant. For Centers initially licensed after November 9, 1995, there shall not be less than 45 square feet of net floor area per Participant. Centers shall be required to provide additional floor space for special target populations to accommodate activities required by Participant care plans. A change in space usage that increases or decreases the Participant Capacity must continue to comply with all requirements of part III of chapter 429, F.S., and this rule.

(3) The Participant Capacity of facilities that are exempt from licensure as an Adult Day Care Center pursuant to section 429.905, F.S., shall be determined by the total amount of Congregate Space available to the Participants. Such Facilities shall utilize separate space over and above the minimum requirement needed to meet their own licensure certification approval requirements.

(4) The Center shall have available and shall make accessible to the Agency written policies and procedures for the cleaning of the physical plant and equipment and for the maintenance of such.

(5) Center facilities shall consist of, but not be limited to, the following:

(a) Bathrooms;

(b) Dining areas;

(c) Kitchen areas;

(d) Rest areas; and,

(e) Recreation and leisure time areas.

(6) A private area shall be available for the provision of first aid, special care and counseling services when provided, or as necessary for other services required by Participants. This area shall be appropriately furnished and equipped.

(7) Each Participant shall be provided with adequately padded, clean, comfortable seating, with support meeting the needs of each Participant. Rest areas shall be provided for at least one-fourth of the Participants who are present for four or more hours a day, or as needed by the Participants. Seating options may include:

(a) Bed and mattress, or

(b) Recliner, or

(c) Sofa, or

(d) Chair with back and arm support.

(8) Bathrooms shall be ventilated and have hot and cold running water, supplying hot water at a minimum of 105 degrees Fahrenheit and a maximum of 115 degrees Fahrenheit. Facilities licensed prior to the effective date of this rule are exempt from the requirement for hot running water only.

(9) Recreation and leisure time areas shall be provided where a Participant may read and engage in socialization or other leisure time activities. The recreation areas also may be utilized for dining areas.

(10) All areas used by Participants shall be suitably lighted and ventilated and maintained at a minimum inside temperature of 72 degrees Fahrenheit, when outside temperatures are 65 degrees Fahrenheit or below, and all areas used by Participants must not exceed 90 degrees Fahrenheit. Mechanical cooling devices must be provided when indoor temperatures exceed 84 degrees Fahrenheit. The facility shall have a thermometer which accurately identifies the temperature.

(11) The kitchen or food preparation areas shall comply with subsection 59A-16.105(3), F.A.C.

(12) Medicines, cleaning supplies, flammables and other potentially poisonous or dangerous supplies shall be stored out of the Participant's reach, and in such manner as to ensure the safety of Participants.

(a) No prescription drug shall be brought into the Center unless it has been legally dispensed and labeled by a licensed pharmacist for the person for whom it is prescribed.

(b) Participants who can self-administer medications may bring and be responsible for their own medications.

(c) Medications shall be centrally stored when:
1. The preservation of medicines requires refrigeration;

2. Medication is determined, and documented by the physician, to be hazardous if kept in the personal possession of the person for whom it was prescribed;

3. Because of physical arrangements and the conditions or habits of other persons in the Center, the medications are determined by the Operator or physician to be a safety hazard to others.

(d) Centrally stored medications shall be:
1. Kept in a locked cabinet or container, and refrigerated, if required;

2. Accessible only to the authorized Staff responsible for distribution of medication;

3. Located in an area free from dampness and abnormal temperatures.

(e) Each container of medication shall be labeled according to state law, and shall include the name of the person for whom it is prescribed, the name of the drug, and instructions for use.

(f) No person other than the dispensing pharmacist shall:
1. Alter the prescription label;

2. Transfer medication from one storage container to another.

(g) Prescription medications which are not taken with the person upon discharge shall be destroyed or disposed of by the Operator or designee in the presence of one other Staff member.

(h) There shall be a Staff person available at all times who has access to the centrally stored medications and is responsible for the distribution thereof.

(i) The container of centrally stored medication shall be given to the Participant for whom it is prescribed, at the time indicated by the prescription, for the Participant to take as prescribed.

(j) In no instance shall a medication prescribed for one person be taken by any other person.

(k) In no instance shall medication be administered by a person other than one licensed, according to Florida law, to administer medication including a physician, a dentist, a nurse, or a physician's assistant.

(13) Centers that provide their own laundry services shall have a sufficient area and the appropriate equipment for the laundry to be processed by the Center.

(14) Furniture to be used by Participants shall be sturdy, clean, comfortable and in good repair.

(15) Every Center shall be maintained for the comfort and safety of the Participants and shall have an effective written maintenance plan that ensures preventive maintenance as well as immediate attention to and correction of hazardous or potentially hazardous conditions. The plan shall provide for:

(a) Keeping the building in good repair and free of hazards such as: cracks in floors, walls, or ceilings; warped or loose boards, tile, linoleum, handrails or railings; broken window panes; and any similar hazards.

(b) Keeping all heating, air conditioning, electrical, mechanical, water supply, fire protection and sewage disposal systems in a safe and functioning condition. Electrical wiring cords and appliances shall be maintained in a safe condition. Emergency generators, where existing, shall be tested monthly.

(c) Keeping all plumbing fixtures in good repair, properly functioning and satisfactorily provided with protection to prevent infiltration and contamination of the water supply.

(d) Painting the interior and exterior of the building as needed to keep it reasonably attractive. Loose, cracked or peeling wallpaper or paint shall be promptly replaced or repaired to provide a satisfactory finish.

(e) Keeping all furniture and furnishings clean and in good repair.

(f) Keeping the grounds and buildings in a safe, sanitary and presentable condition. Grounds and buildings shall be kept free from refuse, litter, and insect and rodent breeding areas.

Rulemaking Authority 429.929 FS. Law Implemented 429.929 FS.

New 7-8-81, Amended 2-27-84, Formerly 10A-6.13, 10A-6.013, 59A-16.013, Amended 11-9-95, 3-29-98, 8-3-15, Formerly 58A-6.013, 7-1-19.

Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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