The Florida Board of Nursing Home Administrators will hold a public teleconference on Monday, September 12, 2011 at 1:00 p.m.


To participate, call (888) 808-6959, conference code 9849329103. (Participants in this public meeting should be aware that these proceedings are being recorded and that an audio file of the meeting will be posted to the Board’s Web site.)


SEPTEMBER 12 AGENDA


I. CALL TO ORDER (Roll Call):


Jeri Francoeur, Chair Patricia Freeman, Vice-Chair


Carolyn Moore Robert Rosenthal


II. PETITION FOR VARIANCE/WAIVER and APPLICANT PRESENTED FOR BOARD


REVIEW – Shea M. Nicosia – Nursing Home Administrators – Rule 64B10-11.007(1),


F.A.C. – College Training in Health Administration


(Book I of the August 19, 2011 meeting agenda – page 00349)


III. APPLICANT PRESENTED FOR BOARD REVIEW – Christopher M. Sefjack –


Nursing Home Administrators


(Book II of the August 19, 2011 meeting agenda – page 00054)




The Board's September 23 agenda is reprinted below:


The Florida Board of Nursing Home Administrators will hold a duly noticed telephone conference call meeting on Friday, September 23, 2011, commencing at 9:00 a.m. This meeting will be held at meet me number (888) 808-6959, conference code 9849329103, to which all persons are invited to attend. Participants in this public meeting should be aware that these  proceedings are being recorded and that an audio file of the meeting will be posted to the board’s website.


AGENDA


I. CALL TO ORDER (Roll Call):


Jeri Francoeur, Chair Patricia Freeman, Vice-Chair


Carolyn Moore Robert Rosenthal


II. FINAL ORDER ACTIONS:


1. Motion for Final Order after Hearing not Involving Disputed Issues of Material


Facts and Determination of Respondent’s Waiver of Right to Request a Formal


Hearing:


a. William J. Hackett, N.H.A. – Case Number 10-22732


PCP: Freeman/Goodman


(Book I of the August 19, 2011 meeting agenda – page 00014)


2. Motion for Final Order Based Upon a Voluntary Relinquishment of License:


a. Chester V. Cole, N.H.A. – Case Number 11-03942


PCP: Waived


(Book I of the August 19, 2011 meeting agenda – page 00118)


III. COMMITTEE REPORTS:


1. Continuing Education – Ms. Freeman


a. Marlene D. Hunter A.L.F. Consultant, Inc. – Recommended for Denial


(Book II of the August 19, 2011 meeting agenda – page 00612)


VI. APPLICANT PRESENTED FOR BOARD REVIEW – Diana R. Darona – Nursing


Home Administrators 00001


VII. ADJOURNMENT




To view more about recent laws impacting nursing homes, click on the hyperlinks below:






Laws passed impacting Florida's Health care regulation include:


• 2011
• 2010


2011
SB 146 - Criminal Justice; Cites this act as the "Jim King Keep Florida Working Act." Requires state agencies to prepare reports that identify and evaluate restrictions on licensing and employment for ex-offenders. Prohibits state agencies from denying an application for a license, permit, certificate, or employment based solely on a person's lack of civil rights. Provides an exception, etc. (Section 112.011, Florida Statutes).


HB 155


HB 155 Clarification Letter to Medical Doctors, dated July 18, 2011
HB 155 Clarification Letter to Osteopathic Physicians, dated July 18, 2011
HB 155 Clarification Letter to Podiatric Physicians, dated July 18, 2011
HB 155 - Enrolled (Bill Text)






HB 479 - Medical Malpractice; Requires DOH to issue expert witness certificates to certain physicians & dentists licensed outside of state; provides application & certification requirements & exemptions for physicians & dentists issued certifications from certain licensure & fee requirements; provides additional grounds for disciplinary actions; requires Board of Medicine & Board of Osteopathic Medicine to adopt certain patient forms specifying cataract surgery risks; provides for execution & admissibility of patient forms in civil & administrative proceedings, etc. (Sections 458.3175, 459.0066, 466.005, 458.331, 459.015, 466.028, 458.351, 459.026, 627.4147, 766.102, 766.106, 766.1065, 766.110, 766.206 and 768.135, Florida Statutes). More Information…


HB 935 - Health Care Price Transparency; Authorizes primary care provider to publish & post schedule of certain charges for medical services offered to patients; requires schedule to include certain information regarding medical services offered; provides that schedule may group provider's services by price levels & list services in each price level; provides exemption from license fee & continuing education requirements for provider who posts schedule of charges; requires primary care provider's estimates of charges for medical services to be consistent with posted schedule, etc. (Sections 381.026, 395.002, 395.107and 400.9935381.026, 395.002, 395.107 and 400.9935, Florida Statutes).


HB 1127 – Abortions; Requires that ultrasound be performed on woman obtaining abortion; failure to comply with the statute constitutes grounds for discipline (Section 390.0111, Florida Statutes).


HB 1319 - FAQs Certificates/Licenses/Health Care Practitioners; Provides for issuance of temporary license to specified health care practitioners who are spouses of active duty members of Armed Forces under certain circumstances; revises scope & area of practice for dental hygienists; adopts American Dental Licensing Examination as clinical or practical licensure examination used for licensure as dentist in this state, providing specified conditions are maintained; authorizes applicants to submit American Dental Licensing Examination scores from jurisdiction outside state, etc. (Sections 456.024, 458.315, 459.0076, 466.003, 466.023, 466.0235, 466.024, 466.00672(2), 466.006, 466.0065(1), 466.0067, 466.00671, 466.007, 466.009(1), 466.011, 468.701, 468.703, 468.707 and 468.711, Florida Statutes). More Information…


HB 7095 - Controlled Substances; Makes failure to comply with requirements of s. 456.44, F.S., grounds for disciplinary action; provides mandatory administrative penalties for certain violations related to prescribing; requires prescriptions for controlled substances to be written on counterfeit-resistant pad produced by approved vendor or electronically prescribed; provides conditions for being approved vendor; requires certain physicians to designate themselves as controlled substance prescribing practitioners on their practitioner profiles, etc. (Sections 456.072, 456.42, 456.44, 458.3265, 458.327, 458.331, 459.0137, 459.013, 459.015, 465.015, 465.016, 465.018, 465.022, 465.0276, 499.0051, 499.012, 499.0121, 499.05, 499.067, 810.02, 812.014, 893.055, 893.065, 893.07, 893.13, 893.138, Florida Statutes). More Information…


House Bill 479
This bill requires medical doctors, osteopathic physicians, or dentists who provide expert testimony concerning the prevailing professional standard of care of a medical doctor, osteopathic physician or dentist, to be licensed in this state or possess an expert witness certificate issued by the department. Disciplinary action can be taken by the board for offering false or misleading information as an expert witness. The bill also makes modifications regarding insurance policy or self-insurance policy for medical malpractice coverage.


House Bill 1319


Frequently Asked Questions


This bill takes effect upon becoming law. It authorizes the department to issue a temporary license to a health care practitioner whose spouse is stationed in Florida on active duty with the Armed Forces if the applicant meets the eligibility requirements for a full license and is qualified to take the licensure examination. It also requires the applicant for a temporary license to pay for fingerprint processing for a criminal history check in addition to the application fee.


The bill generally expands the scope and area of practice of dental hygienists by authorizing dental hygienists to perform certain duties unsupervised in health access settings which include school-based prevention programs and accredited dental hygiene programs. It allows dental hygienists to apply fluorides, instruct on the oral hygiene of a patient, and supervise the oral hygiene of a patient, without the supervision of a dentist. It further requires dental hygienists who perform remediable tasks without supervision to provide a dental referral in compliance with federal and state patient referral, anti-kickback, and patient brokering laws; encourages the establishment of a dental home; and requires the dental hygienists to maintain a certain amount of professional malpractice insurance coverage. The bill also clarifies that the authorization for dental hygienists to perform some duties does not prevent a program operated by one of the health access settings for a nonprofit organization from billing and obtaining reimbursement for the services provided by a dental hygienist.


This bill replaces the current dental exam, administered through the department of Health, with a national exam, the American Dental Licensing Examination (ADLEX). The bill provides that if an individual who is relocating to Florida took the ADLEX more than a year ago, he or she must meet additional criteria for licensure, including engaging in the full-time practice of dentistry in the 5 years preceding the date of application to practice dentistry in Florida or since initial licensure if he or she has practiced less than 5 years. The bill requires the Board of Dentistry to develop rules for the full-time dentistry practice required for an individual who is relocating to Florida to practice dentistry. It provides for the expiration of licenses if the full-time practice requirements are not fulfilled and makes it a 3rd degree felony to use or attempt to use a license that is expired or has been revoked.


This bill defines "Board of Certification" to mean the nationally accredited certifying body for athletic trainers. It requires the five licensed athletic trainer members of the Board of Athletic Training be certified by the Board of Certification. It revises requirements for licensure as an athletic trainer. It requires that anyone who graduated after 2004 must have completed a curriculum from a program recognized by the Board of Certification. It provides that current certifications for athletic trainers include the use of automated external defibrillators. It removes the requirement for a course in HIV/AIDS at initial licensure.


This bill also revises provisions relating to renewal of a license. It requires licensed athletic trainers to hold a current certification in cardiovascular pulmonary resuscitation with an automated external defibrillator as a requirement of renewal. It recognizes courses given by the American Heart Association. It requires athletic trainers licensed after January 1, 1998, to be currently certified by the Board of Certification or its successor agency. It removes the HIV/AIDS requirement at time of renewal.


2010
HB 573 - Deletes requirements that physician assistants file evidence of certain clinical experience before prescribing or dispensing medication (Sections 458.347 and 459.022, Florida Statutes). It also authorizes electronic submission of physician assistant license applications and other required documentation (Sections 458.347 and 459.022, Florida Statutes).


HB 1143 - Amends the provision relating to the Drug-Free Workplace Act. Is also directs the DOH to accept funds from counties, municipalities, and certain other entities for purchase of certain products made available under contract with U.S. Department of Health & Human Services for manufacture and delivery of products in response to public health emergencies (Sections 318.21, 318.18 and 381.00315 Florida Statutes). More Information…


SB 2272 - Creates new pain management provisions and criminal penalties for certain violations, and amends DOH’s regulatory provisions for obtaining patient records (Sections 456.037, 456.057, 458.3265, 458.327, 458.331, 459.0137, 459.013, 465.0276, 893.055, and 893.0551, Florida Statutes).


SB 2386 - Makes each agency responsible for exercising due diligence in securing payment for all accounts receivable and other claims due the state. Is also authorizes the CFO to adopt rules requiring that payments made by the state for goods, services, or anything of value be made by electronic means, and revises contractual services and commodities that are not subject to competitive-solicitation requirements (Florida Statutes).


HB 5311 - Calls for a type-2 transfer of the Drug, Devises and Cosmetics Program (DDC) to the Department of Business and Professional Regulation (Chapters 465 and 499, Florida Statutes).


HB 7069 - Revises background screening requirements for Certified Nursing Assistant applicants and all licensees employed in long-term care facilities (Section 464.203 and 408.809; and Chapter 435, Florida Statutes).


House Bill 1143Revisions have been made to Section 395.0193, Florida Statute regarding the transfer of review of facility peer review agendas and minutes and receipt of facility peer review discipline reports from the Division of Health Quality Assurance within the Agency for Health Care Administration to the Division of Medical Quality Assurance within the Department of Health.


Sections499.003 and 499.01212, Florida Statute has been amended to include a definition of "Medical Convenience Kit" and to remove the requirement for certain medical convenience kits to have pedigree papers.


In addition, sections 318. 21, 318.18 and 381.00315 Florida Statutes amends the provision relating to the Drug-Free Workplace Act; and directs the DOH to accept funds from counties, municipalities, and certain other entities for purchase of certain products made available under contract with U.S. Department of Health & Human Services for manufacture and delivery of products in response to public health emergencies.
Florida Association of Homes and Services for the Aging
(850) 671-3700
Florida Health Care Association
(850) 224-3907
National Association of Long Term Care Administrator Boards (NAB):
(202) 712-9040 or nab@nabweb.org


For more information about a Miami-Dade, Broward and Palm Beach County home health care agency for seniors and other family members, contact Brian Gauthier at A Family Member HomeCare (954) 986-5090 or www.afamilymemberhomecare.com. Serving Coconut Creek Cooper City Coral Springs Dania Beach Davie Deerfield Beach Fort Lauderdale Hallandale Beach, Hillsboro Beach Hollywood Lauderdale Lakes Lauderdale-by-the-Sea Lauderhill Lazy Lake Lighthouse Point Margate Miramar North Lauderdale Oakland Park Parkland Pembroke Park Pembroke Pines Plantation Pompano Beach Sea Ranch Lakes Southwest Ranches Sunrise Tamarac Weston Wilton Manors Aventura Sunny Isles Beach Hialeah Miami Lakes Boca Raton Delray Beach.