(1) Any assisted living facility in which the agency has documented a class I or class II deficiency or uncorrected class III deficiencies regarding medicinal drugs or over-the-counter preparations, including their storage, use, delivery, or administration, or dietary services, or both, during a biennial survey or a monitoring visit or an investigation in response to a complaint, shall, in addition to or as an alternative to any penalties imposed under s. 429.19, be required to employ the consultant services of a licensed pharmacist, a licensed registered nurse, or a registered or licensed dietitian, as applicable. The consultant shall, at a minimum, provide onsite quarterly consultation until the inspection team from the agency determines that such consultation services are no longer required.
(2) A corrective action plan for deficiencies related to assistance with the self-administration of medication or the administration of medication must be developed and implemented by the facility within 48 hours after notification of such deficiency, or sooner if the deficiency is determined by the agency to be life-threatening.
(3) The agency shall employ at least two pharmacists licensed pursuant to chapter 465 among its personnel who biennially inspect assisted living facilities licensed under this part, to participate in biennial inspections or consult with the agency regarding deficiencies relating to medicinal drugs or over-the-counter preparations.
(4) The agency may by rule establish procedures and specify documentation as necessary to implement this section.
History.—s. 1, ch. 89-218; s. 1, ch. 90-192; s. 23, ch. 91-263; ss. 29, 38, 39, ch. 93-216; s. 17, ch. 95-210; s. 18, ch. 98-80; s. 6, ch. 98-148; ss. 2, 56, ch. 2006-197; s. 19, ch. 2019-11.
Note.—Former s. 400.442.
Structure Florida Statutes
Chapter 429 - Assisted Care Communities
Part I - Assisted Living Facilities (Ss. 429.01-429.55)
429.01 - Short title; purpose.
429.04 - Facilities to be licensed; exemptions.
429.07 - License required; fee.
429.075 - Limited mental health license.
429.08 - Unlicensed facilities; referral of person for residency to unlicensed facility; penalties.
429.11 - Initial application for license.
429.12 - Sale or transfer of ownership of a facility.
429.14 - Administrative penalties.
429.17 - Expiration of license; renewal; conditional license.
429.174 - Background screening.
429.176 - Notice of change of administrator.
429.177 - Patients with Alzheimer’s disease or other related disorders; certain disclosures.
429.178 - Special care for persons with Alzheimer’s disease or other related disorders.
429.18 - Disposition of fees and administrative fines.
429.19 - Violations; imposition of administrative fines; grounds.
429.195 - Rebates prohibited; penalties.
429.20 - Certain solicitation prohibited; third-party supplementation.
429.22 - Receivership proceedings.
429.255 - Use of personnel; emergency care.
429.256 - Assistance with self-administration of medication and with other tasks.
429.26 - Appropriateness of placements; examinations of residents.
429.27 - Property and personal affairs of residents.
429.275 - Business practice; personnel records; liability insurance.
429.28 - Resident bill of rights.
429.29 - Civil actions to enforce rights.
429.295 - Certain provisions not applicable to actions under this part.
429.296 - Statute of limitations.
429.297 - Punitive damages; pleading; burden of proof.
429.298 - Punitive damages; limitation.
429.31 - Closing of facility; notice; penalty.
429.34 - Right of entry and inspection.
429.35 - Maintenance of records; reports.
429.41 - Rules establishing standards.
429.42 - Pharmacy and dietary services.
429.435 - Uniform firesafety standards.
429.44 - Construction and renovation; requirements.
429.445 - Compliance with local zoning requirements.
429.47 - Prohibited acts; penalties for violation.
429.49 - Resident records; penalties for alteration.
429.52 - Staff training and educational requirements.
429.53 - Consultation by the agency.