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Document Citation: 59A-18.005, F.A.C.
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Header:
FLORIDA ADMINISTRATIVE CODE
TITLE 59 AGENCY FOR HEALTH CARE ADMINISTRATION
59A HEALTH FACILITY AND AGENCY LICENSING
CHAPTER 59A-18 NURSE REGISTRIES STANDARDS AND LICENSING
Date:
08/31/2009
Document:
59A-18.005 Registration Policies.
(1) Each nurse registry shall disseminate the following rules and statutes to each applicable independent contractor at the time of registration.
(a) Registered nurses and licensed practical nurses shall receive for their use and reference:
1. Subsection 59A-18.005(6), F.A.C., regarding health statements and communicable disease.
2. Rule 59A-18.007, F.A.C., Registered Nurses and Licensed Practical Nurses.
3. Rule 59A-18.011, F.A.C., Medical Plan of Treatment.
4. Rule 59A-18.012, F.A.C., Clinical Records.
5. Rule 59A-18.013, F.A.C., Administration of Biologicals.
6. Sections 400.506, 400.512, 400.484, 400.462, 400.488 and 400.495, F.S.
(b) Certified nursing assistants and home health aides shall receive for their use and reference:
1. Subsection 59A-18.005(6), F.A.C., regarding health statements and communicable disease.
2. Rule 59A-18.0081, F.A.C., Certified Nursing Assistant and Home Health Aide.
3. Sections 400.506, 400.512, 400.484, 400.462, 400.488 and 400.495, F.S.
(c) Homemakers and Companions shall receive for their use and reference:
1. Rule 59A-18.009, F.A.C., Homemakers or Companions.
2. Sections 400.506, 400.512, 400.484, 400.462, and 400.495, F.S.
(2) Each nurse registry shall establish written procedures for the selection, documentation, screening and verification of credentials for each independent contractor referred by the registry.
(3) Each nurse registry shall confirm a new independent contractor's licensure or certification with the issuing board or department. Confirmation shall be based upon specific written requests or oral communications with the issuing authority. It shall be documented in the individual's registration file how confirmation was obtained, from whom, and who made the inquiry on behalf of the registry.
(4) Each nurse registry shall, at least annually, reconfirm the licensure or certification of all of its independent contractors who are licensed or certified.
(5) Each nurse registry shall confirm the identity of the independent contractor prior to referral. Identification shall be verified by using the individual's current driver's license or other photo identification, including the professional license or certificate.
(6) Prior to contact with patients, each independent contractor referred for client care must furnish to the registry a statement from a health care professional licensed under Chapter 458, F.S., or Chapter 459, F.S., a physician's assistant, or an advanced registered nurse practitioner (ARNP) or a registered nurse licensed under Chapter 464, F.S., under the supervision of a licensed physician, or acting pursuant to an established protocol signed by a licensed physician, based upon an examination within the last six months, that the contractor is free from-communicable disease. If any independent contractor is later found to have, or is suspected of having, a communicable disease, he or she shall immediately cease to be referred as an independent contractor. If the independent contractor later provides a statement from a health care professional that such condition no longer exists, then the nurse registry can again refer patients to the independent contractor. It is the responsibility of the independent contractor to ensure that patients are not placed at risk by immediately removing him or herself as a caregiver if he or she is found to have or is suspected of having a communicable disease. In the event that an independent contractor refuses to remove him or herself, the nurse registry shall report the situation to the county health department as an immediate threat to health, welfare and safety.
(7) Each nurse registry shall, in its contracts with independent contractors, provide instructions as to responsibility for the payment of self-employment estimated taxes, and a statement as to the registry's commitment to compliance with civil rights requirements, pursuant to Chapter 760, F.S.
(8) Registration folders on each independent contractor must contain the information required in Section 400.506(12), F.S.:
(a) For home health aides, evidence of completion of a home health aide training course;
(b) Evidence of a contract with the nurse registry;
(c) Evidence of background screening; and
(d) Each nurse registry shall establish a system for the recording and follow-up of complaints involving individuals they refer, and such records shall be kept in the individual's registration file or retained in the central files of the nurse registry.
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