Effective date: 8/9/2016

    When used in this rule chapter, unless the context otherwise requires, the term:
    (1) “AHCA” means Agency for Health Care Administration.
    (2) “Assistance with activities of daily living” means a certified nursing assistant or a home health aide providing an individual assistance with activities promoting self-care and independence, to include the following:
    (a) Ambulation. Providing physical support to enable the patient to move about within or outside of the patient’s place of residence. Physical support includes holding the patient’s hand, elbow, under the arm, or holding on to a support belt worn by the patient to assist in providing stability or direction while the patient ambulates.
    (b) Bathing. Helping the patient in and out of the bathtub or shower, adjusting water temperatures, washing and drying portions of the body which are difficult for the patient to reach, and being available while the patient is bathing. Can also include washing and drying the patient who is bed-bound.
    (c) Dressing. Helping the patient put on and remove clothing.
    (d) Eating. Helping with feeding patients who require assistance with feeding themselves.
    (e) Personal hygiene. Helping the patient with shaving and with oral, hair, skin and nail care.
    (f) Toileting. Reminding the patient about using the toilet, assisting to the bathroom, helping to undress, positioning on the commode, and helping with related personal hygiene, including assistance with changing of an adult brief. Also includes assisting with positioning the patient on the bedpan, and helping with related personal hygiene.
    (g) Assistance with physical transfer. Providing verbal and physical cueing, physical assistance, or both while the patient moves from one position to another, for example between the following: a bed, chair, wheelchair, commode, bathtub or shower, or a standing position. Transfer can also include use of a mechanical lift, if a home health aide or CNA is trained in its use.
    (3) “Caregiver” means a registered nurse, licensed practical nurse, certified nursing assistant, home health aide, homemaker or companion that is referred by a nurse registry to provide services to patients.
    (4) “Entity” means a partnership, corporation, or other business organization.
    (5) “Financial instability” means the nurse registry cannot meet its financial obligation. The issuance of bad checks or an accumulation of delinquent bills or liens or failure to pay any outstanding fines unless the fine has been appealed is evidence of financial instability.
    (6) “Geographic Service Area” means one or more of the counties within the health service planning district, as specified on the license, in which the nurse registry may refer its independent contractors to provide services to patients or clients in their homes or to provide staffing in facilities.
    (7) “Independent Contractor” means a person who contracts through a referral from a nurse registry. The independent contractor maintains control over the method and means of delivering the services provided, and is responsible for the performance of such services. An independent contractor is not an employee of the nurse registry.
    (8) “Licensed Practical Nurse,” as defined in Florida Statutes § 464.003(16), means a person who is currently licensed to practice nursing pursuant to Chapter 464, F.S.
    (9) “Main Office” means the primary office established in a geographic service area which houses all components of the nurse registry operational site including the administration, fiscal management, service provision and supplies.
    (10) “Nurse registry services” means referral of independent contractors to provide health care related services to a patient or client in the person’s home or place of residence or through staffing in a health care facility by an independent contractor referred through a nurse registry. Such services shall be limited to:
    (a) Nursing care provided by licensed registered nurses or licensed practical nurses, or
    (b) Care and services provided by certified nursing assistants or home health aides, or
    (c) Homemaker or companion services.
    (11) “Plan of treatment” means written plan of care and treatment, including a medical plan of treatment, signed within 30 days by the physician, advanced registered nurse practitioner, or physician assistant to assure the delivery of safe and adequate care provided by a licensed nurse to a patient in the home.
    (12) “Registered Nurse,” as defined in Florida Statutes § 464.003(22), means a person who is currently licensed to practice pursuant to Chapter 464, F.S.
Rulemaking Authority 400.497, 400.506 FS. Implements Florida Statutes § 400.497, 400.506. History—New 2-9-93, Amended 1-27-94, 12-24-00, 3-15-07, 5-4-15, 8-9-16.