Florida Administrative Code

In addition to the terms defined in Section 400, Part I, F.S., the following terms are defined in this rule chapter: (1) COMPLAINT INVESTIGATION DEFINITIONS. (a) CASE: Each inquiry brought to, or initiated by, the ombudsman on behalf of a resident, or group of residents, involvin…

(1) Long-term care facilities must be aware of the following provisions regarding an ombudsman's access to the facility, residents and records: (a) Section 400.0081, F.S.; and, (b) Title VII, Chapter 2, of the Older Americans Act of 1965, as amended in 2006, 42 U.S.C. §3058g(b). …

(1) PROHIBITIONS. (a) In addition to the conflict of interest prohibitions set forth in Section 400.0070(1), F.S., the following situations constitute prohibited conflicts of interest involving an ombudsman; an ombudsman's immediate family member; an officer, employee or represen…

This rule outlines the procedures for receiving and conducting complaint investigations on behalf of residents in long-term care facilities. (1) RECEIVING COMPLAINTS. (a) Any person may make a written or verbal complaint to the Office of State Long-Term Care Ombudsman or its repr…

(1) An onsite administrative assessment must be conducted on long-term care facilities annually. The annual period for conducting an assessment is the federal reporting year, which is October 1 through September 30. (2) By October 1 of each year, the district ombudsman manager (D…

Rulemaking Authority 400.0065(3), 400.0067(4), 400.0069(10), 400.0087(1) FS. Law Implemented 400.0065(1)(a), (3), 400.0067(4), 400.0069(4), (10), 400.0087(1), (3) FS. History-New 6-27-94, Amended 10-20-03, Repealed 4-4-10.

Rulemaking Authority 400.0087(3) FS. Law Implemented 400.0065(3), 400.0067(5), 400.0069(10), 400.0087(1), (3) FS. History-New 6-27-94, Repealed 4-4-10.

Rulemaking Authority 400.0065(3), 400.0067(4), 400.0069(10), 400.0087(1), (3) FS. Law Implemented 400.0065(3), 400.0067(4), 400.0069(4), (10), 400.0087(1), (3) FS. History-New 6-27-94, Amended 10-20-03, Repealed 4-4-10.

Rulemaking Authority 400.0065(3), 400.0067(4), 400.0069(10), 400.0087(1) FS. Law Implemented 400.0065(3), 400.0067(4), 400.0069(10), 400.0087(1), 400.0091 FS. History-New 6-27-94, Amended 10-20-03, Repealed 4-4-10.

Applicants must score a minimum of 75% on the Professional Guardian Competency Examination or must receive a waiver pursuant to Section 744.2003(8), F.S., from the Department of Elder Affairs' Office of Public and Professional Guardians (OPPG) before the application for registrat…

(1) The minimum hours of instruction and training are set out in Section 744.1085(3), F.S. The initial 40 hours of education and training must be approved by SPGO prior to an applicant taking a course. Information about the professional guardian coursework may be obtained from th…

Rulemaking Authority 744.1083(6) FS. Law Implemented 744.102(16), 744.1083, 744.1085, 744.3135 FS. History-New 12-12-05, Repealed 11-29-11.

Per Section 744.3135(3), F.S., a professional guardian and their fiduciary employees may use electronic fingerprinting methods. If completing a criminal history record check by electronic fingerprinting, registrants must use a provider on the list maintained by SPGO. This list ma…

(1) DEFINITIONS. (a) In addition to the terms defined in Chapter 744, F.S., the following definitions are applicable in this rule: 1. "Interested Person" means a person identified as an interested person in a guardianship proceeding. The meaning as it relates to particular wards …

(1) Purpose. Pursuant to Section 744.20041, F.S., the Office of Public and Professional Guardians provides disciplinary guidelines in this rule for applicants or guardians over whom it has oversight. The purpose of this rule is to notify applicants and guardians of the range of p…

Rulemaking Authority 430.705 FS. Law Implemented 430.705, 430.707 FS. History-New 4-29-08, Repealed 10-26-15.

Rulemaking Authority 430.706 FS. Law Implemented 430.706 FS. History-New 4-29-08, Repealed 10-26-15.

Rulemaking Authority 430.706 FS. Law Implemented 430.705(2)(b)3., 430.706 FS. History-New 4-29-08, Repealed 10-26-15.

Rulemaking Authority 430.706 FS. Law Implemented 430.706 FS. History-New 4-29-08, Repealed 10-26-15.

Rulemaking Authority 430.706 FS. Law Implemented 430.706 FS. History-New 4-29-08, Repealed 10-26-15.

Rulemaking Authority 430.706 FS. Law Implemented 430.706 FS. History-New 4-29-08, Repealed 10-26-15.

Rulemaking Authority 430.706 FS. Law Implemented 430.706 FS. History-New 4-29-08, Repealed 10-26-15.

Rulemaking Authority 429.52 FS. Law Implemented 429.52 FS. History-New 6-15-09, Repealed 11-29-11.

Rulemaking Authority 429.52 FS. Law Implemented 429.52 FS. History-New 6-15-09, Transferred to 59A-36.027, 7-1-19.

Rulemaking Authority 429.52 FS. Law Implemented 429.52 FS. History-New 6-15-09, Transferred to 59A-36.028, 7-1-19.

Rulemaking Authority 429.52 FS. Law Implemented 429.52 FS. History-New 6-15-09, Transferred to 59A-36.029, 7-1-19.

Rulemaking Authority 429.52 FS. Law Implemented 429.52 FS. History-New 6-15-09, Transferred to 59A-36.030, 7-1-19.

Rulemaking Authority 429.52 FS. Law Implemented 429.52 FS. History-New 6-15-09, Transferred to 59A-36.031, 7-1-19.

Rulemaking Authority 408.15(8) FS. Law Implemented 120.54(5) FS. History-New 6-3-93, Amended 2-6-96, 7-21-96, 4-12-98, Repealed 11-22-07.

Rulemaking Authority 408.15(8) FS. Law Implemented 59.081, 120.52(7), 120.54(5), 120.68 FS. History-New 6-3-93, Amended 4-12-98, Repealed 11-22-07.

Rulemaking Authority 408.15(8) FS. Law Implemented 120.53(1), 120.57 FS. History-New 6-3-93, Repealed 11-22-07.

Rulemaking Authority 408.15(8) FS. Law Implemented 120.53(1) FS. History-New 6-3-93, Repealed 11-22-07.

Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented 120.53 FS. History-New 6-3-93, Repealed 8-8-11.

Rulemaking Authority 120.53(2)(a) FS. Law Implemented 120.53(2)(a)-(d) FS. History-New 6-3-93, Repealed 2-13-14.

Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented 120.53(1)(a)-(h) FS. History-New 6-3-93, Repealed 2-13-14.

Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented 120.53(1)(a)-(e) FS. History-New 6-3-93, Amended 12-23-99, Repealed 2-13-14.

Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented 120.53(1)(f) FS. History-New 6-3-93, Repealed 2-13-14.

Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented 120.53(1)(h) FS. History-New 6-3-93, Amended 12-23-99, Repealed 2-13-14.

Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented 119.021(3), 120.53(3) FS. History-New 6-3-93, Repealed 8-8-11.

Rulemaking Authority 287.0947(2) FS. Law Implemented 287.042 FS. History-New 8-17-93, Repealed 11-22-07.

For the purpose of this section the word, phrase, or term: (1) "Adverse reaction" means the patient's unfavorable physical response to the transplantation of an organ or tissue with regard to the transmission of infections of other diseases of potential danger. (2) "Allograft" me…

(1) No person shall engage in the procurement of cadaveric organs, eyes or tissues within this state without first being certified to operate by the AHCA. (2) A dentist or physician using tissue processed by a tissue bank, but who is not involved in the retrieval, processing and …

(1) Organizational Requirements. (a) Institutional Identity. 1. The purpose of the OPO, eye bank, or tissue bank shall be clearly established and documented. 2. Documentation of institutional identity shall include whether the OPO, eye bank, or tissue bank is independent or part …

(1) The AHCA may inspect each organ procurement organization, tissue bank and eye bank on no less than a biennial period. The AHCA is permitted at its sole discretion to inspect any organ procurement organization, eye bank or tissue bank by on-site inspection, off-site inspection…

(1) General. Each agency shall inform physicians and hospital personnel involved in the transplantation of organs, tissues, and eyes of policies and procedures regarding the reporting of adverse reactions to agencies. It is the responsibility of each physician and organization th…

(1) Depending upon the seriousness of the violation, the AHCA shall deny, revoke, or suspend a certificate or impose an administrative fine not to exceed $500 per day per violation for any of the following actions: (a) Making false statements on an application or on any document …

(1) Annual agency fee assessments shall be determined in accordance with section 765.544(1), F.S., and shall be based on the annual report as described in subsections 59A-1.009(5), (6) or (7), F.A.C., received by the AHCA 30 days after the anniversary date of certification. (2) T…

As used in this rule chapter: (1) "Accident prevention" means those risk management techniques that seek to reduce the frequency and/or severity of incidents. (2) "Accredited institution of higher learning" means universities, colleges, community colleges and junior colleges whic…

(1) Incident Reporting. An incident reporting system shall be established for each facility. Procedures shall be detailed in writing and disseminated to all employees of the facility. All new employees, within 30 days of employment, shall be instructed about the operation of the …

Rulemaking Authority 395.0197 FS. Law Implemented 395.0197 FS. History-New 3-25-86, Amended 12-28-89, Formerly 10D-75.0065, Amended 9-16-92, 2-12-96, Repealed 11-28-18.