This past week, the Division of Administrative Hearings ruled on a challenge to provisions within Rule 58A-5, Florida Administrative Code, related to assisted living community operations. The administrative law judge determined 14 separate rule provisions were invalid.
Provisions overturned included the following:
- 58A-5.024(1)(p)1.a as to handwashing before and after handling a patient;
- 58A-5.024(3)(c) as to the requirement for records from a third party nursing services being the responsibility of the ALF;
- 58A-5.031(2)(d) as to the requirement for the ALF to ensure safe and consistent care from a third party;
- 58A-5.031(41) as to the validity of the definition of an unscheduled service need;
- 58A-5.0182(8)(a) as to all residents must be assessed at risk for elopement within 30 days;
- 58A-5.0182(8)(a)1 as to staff must be trained to know general whereabouts of those at high risk; and
- 58A-5.0181(2)(b) Sections 1 (elopement risk); 1A, 1C (danger to self and others); 1D, 2AA and 2AB, 3 and signature lines on Form 1823.
The rules do not become void until the time for appeal expires, which is 30 days from September 29, 2018. A copy of the final order is available online.