CNA & Home Care Laws in Florida

Review the statutes for Certified Nursing Assistants and home care laws in Florida. Title XXXII Chapter 464 describes regulations and occupations in Part II, Certified Nursing Assistants. Title XXIX Chapter 400, Part III (400.461 through 400.5185) directs operations of home health agencies in Florida. Laws guiding health occupations and facilities undergo revisions almost every year. Stay abreast of changes at Online Sunshine, the official Internet site of the Florida Legislature.

Certified Nursing Assistants

• CNAs bring a wide range of skills and services to Florida patients.

  Florida CNAs receive training approved by the Board of Nursing. Testing includes written and clinical evaluation. The board maintains the CNA registry. CNAs receive certification by the Board of Health.

  CNAs assist others with basic needs and personal care. They gather information and report data to the patient's medical team. Caring for patients requires a broad spectrum of skills and continued education.

  Patients, employers and others may access the CNA's license. To obtain employment, CNAs must submit to Level 1 background checks. A CNA must renew her license every two years. CNAs must accurately represent their backgrounds to the board. Failure may result in fines and denial of license. CNA disciplinary records remain open to the public.

  Misrepresentation of the CNA license to obtain employment may result in first-degree misdemeanor charges. When employers hire CNAs with inactive licenses or criminal records, employers bear no liability.

  The Council on Certified Nursing Assistants, formed by the Board of Nursing, maintains and reviews occupational and safety standards.

Home Health Agencies

• Home health agencies must keep accurate and timely confidential patient records.

  Home health businesses provide health care services to patients in their homes. Florida's more than 1,000 home health agencies must rigorously ensure patient safety. Agencies must register for and receive licenses. A broad range of businesses considered as home health agencies by Florida must provide their license numbers when advertising to the public. Fines and censures apply to violators. Registrants must supply financial and employee information to the state. Agencies must also purchase liability insurance. Agencies must pay state license fees every two years.

  Licensed home health agencies may not provide services to unlicensed facilities. Accurate and timely patient records must be maintained. Fraudulent practices, such as charging for services not provided and falsifying patient records, put the agency's license at risk. Payments to others to obtain business puts the business license at risk. Demographics impact state licensing of some businesses.

  Only licensed professionals may administer medication. Paraprofessionals in the employ of home health agencies may not administer medication. Written instructions from a medical provider to other professionals regarding medication administration must be in place. Fines and censures apply to violators.

  Home health agencies must employ licensed nurses, physicians and paraprofessionals. Patient information must be held as strictly confidential. Patient records must be properly stored.

Home Health Agency Personnel

• Senior personnel of home health agencies in Florida must undergo Level 2 background checks.

  Senior staff and nurse registry employees of a home health agency must submit to Level 2 background checks. Level 2 checks differ from Level 1 by including state and federal criminal background checks, driving violations for three years, verification of professional licenses and up to four employer records.