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Document Citation: 58A-6.006, F.A.C.
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Header:
FLORIDA ADMINISTRATIVE CODE
TITLE 58 DEPARTMENT OF ELDER AFFAIRS
58A FEDERAL AGING PROGRAMS
CHAPTER 58A-6 ADULT DAY CARE
Date:
08/31/2009
Document:
58A-6.006 Governing Authority, Administration and Staffing.
(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 as few as one person, 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 limit participant eligibility to adults with functional impairments in need of a protective environment and a program of therapeutic social and health activities and services as defined in this rule chapter, and assure that the admission of each participant shall be made under the supervision of the owner or operator 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 within said forty-five days by a Florida licensed health care provider under the direct supervision of a physician, physician or a county public health unit documenting freedom from tuberculosis in the communicable form and documenting freedom from signs and symptoms of 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 the required services from the center 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 medications shall be admitted or retained unless there is a person 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, a dentist, a registered nurse, licensed practical nurse, or a physician's assistant.
(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 comply with all standards, rules and regulations and shall be under the control of the licensed owner or operator or an agent designated in writing by the owner or operator as having full responsibility and authority for the daily operation of the facility. The owner or operator may supervise more than one center, provided that a qualified, responsible assistant operator, duly appointed in writing, is in charge of each facility.
(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 center 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 to include:
1. Name, home address, phone number;
2. Name, address and phone number of physician(s) to be contacted in case of emergency;
3. Name, address and phone number of person(s) to be contacted in case of emergency;
4. Education and experience;
5. Job assignment and salary;
6. Evaluation of performance at least yearly;
7. Dates of employment and termination;
8. Character references which include former employers and supervisors;
9. A statement from a Florida licensed health care provider under the direct supervision of a physician, physician or a county public health unit that the employee is free from tuberculosis in a communicable form and apparent signs and symptoms of other communicable diseases within 45 days prior to beginning work in the center. In accordance with Section 760.50, F.S., a center shall not exclude a potential employee who is infected with human immunodeficiency virus who would otherwise meet the conditions of employment.
(6) The owner or operator also shall 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 assure that each employee shall:
(a) Maintain personal cleanliness and hygiene;
(b) Refrain from abusive, immoral or other unacceptable conduct such as use of alcohol, illegal use of narcotics or other impairing drugs, and behavior or language which may be injurious to participants;
(c) Any employee 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 designated administrator 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 6 participants shall be present in the center at all times.
(b) No less than 2 staff, 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 file, including centers which serve persons with Alzheimer's disease and related dementias, 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 Family Services 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 withSection 415.103, F.S., and shall insure that the statewide toll free telephone number of the Central Abuse Registry, 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.
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