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Florida Statute 400.9685 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES
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F.S. 400.9685
400.9685 Administration of medication.
(1) Notwithstanding the provisions of the Nurse Practice Act, part I of chapter 464, unlicensed direct care services staff who are providing services to clients in intermediate care facilities for the developmentally disabled, licensed pursuant to this part, may administer prescribed, prepackaged, premeasured medications under the general supervision of a registered nurse as provided in this section and applicable rules. Training required by this section and applicable rules must be conducted by a registered nurse licensed pursuant to chapter 464 or a physician licensed pursuant to chapter 458 or chapter 459.
(2) Each facility that allows unlicensed direct care service staff to administer medications pursuant to this section must:
(a) Develop and implement policies and procedures that include a plan to ensure the safe handling, storage, and administration of prescription medication.
(b) Maintain written evidence of the expressed and informed consent for each client.
(c) Maintain a copy of the written prescription including the name of the medication, the dosage, and administration schedule.
(d) Maintain documentation regarding the prescription including the name, dosage, and administration schedule, reason for prescription, and the termination date.
(e) Maintain documentation of compliance with required training.
(3) Agency rules shall specify the following as it relates to the administration of medications by unlicensed staff:
(a) Medications authorized and packaging required.
(b) Acceptable methods of administration.
(c) A definition of “general supervision.”
(d) Minimum educational requirements of staff.
(e) Criteria of required training and competency that must be demonstrated prior to the administration of medications by unlicensed staff including inservice training.
(f) Requirements for safe handling, storage, and administration of medications.
History.s. 2, ch. 2003-57.

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Amendments to 400.9685


Arrestable Offenses / Crimes under Fla. Stat. 400.9685
Level: Degree
Misdemeanor/Felony: First/Second/Third

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