Florida Administrative Code

Rulemaking Authority 483.051 FS. Law Implemented 483.051 FS. History-New 11-20-94, Repealed 9-9-18.

Rulemaking Authority 483.051 FS. Law Implemented 483.061, 483.221 FS. History-New 11-20-94, Repealed 9-9-18.

Rulemaking Authority 483.051 FS. Law Implemented 483.051, 483.061 FS. History-New 11-20-94, Repealed 9-9-18.

Rulemaking Authority 483.051, 408.819 FS. Law Implemented 408.806, 408.813, 408.814, 408.816, 483.051, 483.181, 483.201, 483.221, 483.23 FS. History-New 12-27-95, Amended 12-8-09, 12-29-10, 10-30-11, Repealed 9-9-18.

Rulemaking Authority 483.051 FS. Law Implemented 483.035, 483.051, 483.111 FS. History-New 11-20-94, Amended 12-27-95, 7-27-09, 5-13-12, Repealed 9-9-18.

Rulemaking Authority 483.051 FS. Law Implemented 483.051, 483.172 FS. History-New 11-20-94, Amended 3-25-03, Repealed 9-9-18.

Rulemaking Authority 483.051 FS. Law Implemented 483.221, 483.245 FS. History-New 11-20-94, Amended 12-27-95, Repealed 9-9-18.

Rulemaking Authority 483.051 FS. Law Implemented 483.051 FS. History-New 11-20-94, Repealed 2-20-12.

Rulemaking Authority 483.051 FS. Law Implemented 483.201, 483.221 FS. History-New 11-20-94, Repealed 2-20-12.

(1) "Accrediting organization" means the Community Health Accreditation Partner, The Joint Commission, or Accreditation Commission for Health Care. (2) "AHCA" means Agency for Health Care Administration. (3) "Assistance with activities of daily living" means a certified nursing a…

Rulemaking Authority 400.497 FS. Law Implemented 400.497 FS. History-New 5-30-90, Formerly 10D-68.0025, Amended 10-27-94, 1-17-00, 7-18-01, Repealed 5-14-12.

(1) The issuance of a home health agency license shall be based upon compliance with Chapters 400, Part III, and 408, Part II, F.S., and rule Chapters 59A-8 and 59A-35, F.A.C., and an inspection as required in Sections 400.471(2) and 408.806(7), F.S. An application for initial, c…

Rulemaking Authority 400.497 FS. Law Implemented 400.471, 400.512, 408.810, 408.806, 408.8065, 408.809 FS. History-New 4-19-76, Formerly 10D-68.04, Amended 4-30-86, 8-10-88, 5-30-90, 6-12-91, 10-6-91, Formerly 10D-68.004, Amended 4-27-93, 10-27-94, 1-30-97, 1-17-00, 7-18-01, 9-22…

(1) Persons, organizations, and entities, hereafter referred to as entities, exempt from home health agency license requirements are set forth in Section 400.464(5), F.S. An entity is not required to have, but may voluntarily apply for a certificate of exemption. (2) Entities tha…

(1) An applicant for initial licensure, change of ownership, or the addition of skilled care services must apply for one or more counties within a geographic service area in which the main office is located on the Health Care Licensing Application, Home Health Agency, AHCA Form 3…

(1) In cases of patients requiring only nursing, or in cases requiring nursing and physical, respiratory, occupational or speech therapy services, or nursing and dietetic and nutrition services, the agency shall provide case management by a licensed registered nurse who is a dire…

Rulemaking Authority 400.497 FS. Law Implemented 120.59, 400.474, 400.484 FS. History-New 10-27-94, Amended 1-17-00, 7-18-01, 9-22-05, 8-15-06, 3-29-07, Repealed 10-2-11.

(1) Administrator. (a) The administrator of the agency shall: 1. Meet the criteria as defined in Sections 400.462(1) and 400.476(1), F.S. 2. Designate, in writing a direct employee or an individual covered under a management company contract to manage the home health agency or an…

(1) Home health aides and Certified Nursing Assistants (CNA) must receive training prior to providing services and each calendar year thereafter as required. Home health aides and CNAs performing tasks delegated by a registered nurse (RN), including medication administration, may…

(1) A licensed home health agency that provides skilled care and accepts Medicaid may train and employ any person 18 years of age or older as a home health aide for medically fragile children as defined in section 400.462, F.S., hereafter referred to as an "AMFC," that meets the …

Rulemaking Authority 400.497 FS. Law Implemented 400.471, 400.497 FS. History-New 10-27-94, Amended 1-17-00, 7-18-01, 9-22-05, 8-15-06, Repealed 10-2-11.

(1) When a home health agency accepts a patient or client for service, there shall be a reasonable expectation that the services can be provided safely to the patient or client in his place of residence. This includes being able to communicate with the patient, or with another pe…

(1) A plan of care shall be established in consultation with the physician, physician assistant, or advanced practice registered nurse, pursuant to Section 400.487, F.S., and the home health agency staff who are involved in providing the care and services required to carry out th…

(1) A registered nurse (RN) may delegate tasks to a home health aide or certified nursing assistant (CNA) in accordance with Sections 400.489, 400.490, 464.0156 and 464.2035, F.S., provided the following criteria are met: (a) The home health agency is licensed to provide skilled …

(1) Medication Administration. The supervising or delegating nurse maintains responsibility for any medication administration task delegated to a home health aide or CNA pursuant to Sections 464.0156, 464.2035, 400.489, and 400.490, F.S. (a) Medication administration includes con…

(1) A clinical record must be maintained for each patient receiving nursing or therapy services that includes all the services provided directly by the employees of the home health agency and those provided by contracted individuals or agencies. (2) No information may be disclose…

(1) Each home health agency shall have written policies and procedures, which delineate the agency's position with respect to the state law and rules relative to advance directives. The policies shall not condition treatment or admission upon whether or not the individual has exe…

(1) Excellence in Home Health Award. (a) To be considered for an Excellence in Home Health Award, a home health agency licensee eligible under section 400.52(3), F.S., must apply using the Excellence in Home Health Award Application, AHCA Form 3110-9002, January 2023, incorporate…

(1) Before any organization or individual shall directly or indirectly provide homemaker and companion services for elderly or disabled adults, it shall make application for and become registered by the AHCA. Licensed home health agencies and nurse registries are exempt from regi…

(1) Pursuant to Section 400.492, F.S., each home health agency shall prepare and maintain a written comprehensive emergency management plan, in accordance with criteria shown in the "Comprehensive Emergency Management Plan (CEMP)," AHCA Form 3110-1022, Revised March 2013, incorpo…

Rulemaking Authority 390.012 FS. Law Implemented 381.0012, 382, 390.011, 390.012, 390.013 FS. History-New 6-13-90, Formerly 10D-72.018, Amended 9-25-06, Repealed 5-14-12.

The following definitions shall apply specifically to abortion clinics. (1) "Clinical staff" means the individuals employed full or part time by an abortion clinic who are licensed or certified to provide care prior to, during, or after an abortion. (2) "Facility" means those obj…

(1) All applicants requesting licensure for the operation of an abortion clinic under the provisions of Chapters 408 and 390, F.S., shall make application for a license to the Agency on the Health Care Licensing Application, Abortion Clinic, AHCA Form 3130-1000, July 2016, which …

(1) The Agency has the right to enter upon the premises of any abortion clinic or applicant to make or cause to be made such inspections and investigations as are necessary to: (a) Assure compliance with the licensure requirements and standards as specified in statute and rule; (…

The following are minimum standards of construction and specified minimum essential physical plant requirements which must be met when providing second trimester abortions. (1) Consultation room(s) with adequate private space specifically designated for interviewing, counseling, …

Each abortion clinic providing second trimester abortions shall provide essential clinic supplies and equipment as required in subsections (1) through (7) when performing second trimester abortions. (1) The following equipment shall be maintained in functional condition: (a) A su…

Abortions shall be performed only by a licensed physician who has admitting privileges at a hospital within reasonable proximity to the clinic. Physician admitting privileges are optional if the clinic has a written transfer agreement with a hospital within reasonable proximity. …

An abortion clinic providing second trimester abortions shall have written policies and procedures to assure that quality patient care shall relate specifically to the functional activities of clinic services. These written procedures shall apply to second trimester abortions and…

(1) Each abortion clinic that provides second trimester abortions shall formulate and adhere to written patient care policies and procedures designed to ensure professional and safe care for patients undergoing second trimester abortions and shall maintain a medical record for ea…

Any abortion clinic which is providing second trimester abortions must be in compliance with the following standards relative to second trimester abortion procedures. (1) A physician, registered nurse, licensed practical nurse, advanced practice registered nurse, or physician ass…

Each abortion clinic which is providing second trimester abortions shall comply with the following recovery room standards when providing second trimester abortions. (1) Following the procedure, post-procedure recovery rooms will be supervised and staffed to meet the patient's ne…

Each abortion clinic which is providing second trimester abortions shall comply with the following post procedure follow-up care requirements when providing a second trimester abortion. (1) The clinic shall offer a post-abortion medical visit that includes a medical examination a…

This section shall apply to incidents involving patients receiving second trimester abortions in any abortion clinic providing second trimester abortions. An abortion clinic shall maintain a record of each incident that results in serious injury as defined in Section 390.012(3)(h…

Fetal remains shall be disposed of in a sanitary and appropriate manner and in accordance with standard health practices and Chapters 381 and 390, F.S., and Chapter 64E-16, F.A.C. (1) Storage of Fetal remains at a clinic shall: (a) Not exceed 30 days; (b) Be in an interior restri…

(1) A permanent individual clinical record shall be kept on each clinic patient. Clinical records shall be complete, accurately documented, and systematically organized to facilitate storage and retrieval. (a) Clinical records shall contain a printed image of the ultrasound used …

(1) Pursuant to Section 390.0112, F.S., an abortion clinic and any medical facility in which abortions are performed, including a physician's office must submit a report each month to the Agency, regardless of the number of abortions, and regardless of method used. Monthly report…

(1) Registration pursuant to this rule is only required of registrants who are not exempt from registration pursuant to Section 390.025(4), F.S., and who are paid for the particular purpose of providing advice or assistance to persons in obtaining abortions or in pursuing alterna…