Fla. Stat. 429.255
Use of personnel; emergency care


(1)(a)

Persons under contract to the facility, facility staff, or volunteers, who are licensed according to part I of chapter 464, or those persons exempt under s. 464.022(1), and others as defined by rule, may administer medications to residents, take residents’ vital signs, change residents’ bandages for minor cuts and abrasions, manage individual weekly pill organizers for residents who self-administer medication, give prepackaged enemas ordered by a physician, observe residents, document observations on the appropriate resident’s record, report observations to the resident’s physician, and contract or allow residents or a resident’s representative, designee, surrogate, guardian, or attorney in fact to contract with a third party, provided residents meet the criteria for appropriate placement as defined in s. 429.26. Nursing assistants certified pursuant to part II of chapter 464 may take residents’ vital signs as directed by a licensed nurse or physician.All staff in facilities licensed under this part shall exercise their professional responsibility to observe residents, to document observations on the appropriate resident’s record, and to report the observations to the resident’s physician. However, the owner or administrator of the facility shall be responsible for determining that the resident receiving services is appropriate for residence in the facility.In an emergency situation, licensed personnel may carry out their professional duties pursuant to part I of chapter 464 until emergency medical personnel assume responsibility for care.

(1)(a)

Persons under contract to the facility, facility staff, or volunteers, who are licensed according to part I of chapter 464, or those persons exempt under s. 464.022(1), and others as defined by rule, may administer medications to residents, take residents’ vital signs, change residents’ bandages for minor cuts and abrasions, manage individual weekly pill organizers for residents who self-administer medication, give prepackaged enemas ordered by a physician, observe residents, document observations on the appropriate resident’s record, report observations to the resident’s physician, and contract or allow residents or a resident’s representative, designee, surrogate, guardian, or attorney in fact to contract with a third party, provided residents meet the criteria for appropriate placement as defined in s. 429.26. Nursing assistants certified pursuant to part II of chapter 464 may take residents’ vital signs as directed by a licensed nurse or physician.

(b)

All staff in facilities licensed under this part shall exercise their professional responsibility to observe residents, to document observations on the appropriate resident’s record, and to report the observations to the resident’s physician. However, the owner or administrator of the facility shall be responsible for determining that the resident receiving services is appropriate for residence in the facility.

(c)

In an emergency situation, licensed personnel may carry out their professional duties pursuant to part I of chapter 464 until emergency medical personnel assume responsibility for care.

(2)

In facilities licensed to provide extended congregate care, persons under contract to the facility, facility staff, or volunteers, who are licensed according to part I of chapter 464, or those persons exempt under s. 464.022(1), or those persons certified as nursing assistants pursuant to part II of chapter 464, may also perform all duties within the scope of their license or certification, as approved by the facility administrator and pursuant to this part.

(3)(a)

An assisted living facility licensed under this part with 17 or more beds shall have on the premises at all times a functioning automated external defibrillator as defined in s. 768.1325(2)(b).The facility is encouraged to register the location of each automated external defibrillator with a local emergency medical services medical director.The provisions of ss. 768.13 and 768.1325 apply to automated external defibrillators within the facility.

(3)(a)

An assisted living facility licensed under this part with 17 or more beds shall have on the premises at all times a functioning automated external defibrillator as defined in s. 768.1325(2)(b).

(b)

The facility is encouraged to register the location of each automated external defibrillator with a local emergency medical services medical director.

(c)

The provisions of ss. 768.13 and 768.1325 apply to automated external defibrillators within the facility.

(4)

Facility staff may withhold or withdraw cardiopulmonary resuscitation or the use of an automated external defibrillator if presented with an order not to resuscitate executed pursuant to s. 401.45. The agency shall adopt rules providing for the implementation of such orders. Facility staff and facilities may not be subject to criminal prosecution or civil liability, nor be considered to have engaged in negligent or unprofessional conduct, for withholding or withdrawing cardiopulmonary resuscitation or use of an automated external defibrillator pursuant to such an order and rules adopted by the agency. The absence of an order not to resuscitate executed pursuant to s. 401.45 does not preclude a physician from withholding or withdrawing cardiopulmonary resuscitation or use of an automated external defibrillator as otherwise permitted by law.

(5)

The agency may adopt rules to implement the provisions of this section relating to use of an automated external defibrillator.

Source: Section 429.255 — Use of personnel; emergency care, https://www.­flsenate.­gov/Laws/Statutes/2024/0429.­255 (accessed Aug. 7, 2025).

429.01
Short title
429.02
Definitions
429.04
Facilities to be licensed
429.07
License required
429.08
Unlicensed facilities
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
429.18
Disposition of fees and administrative fines
429.19
Violations
429.20
Certain solicitation prohibited
429.22
Receivership proceedings
429.23
Internal risk management and quality assurance program
429.24
Contracts
429.26
Appropriateness of placements
429.27
Property and personal affairs of residents
429.28
Resident bill of rights
429.29
Civil actions to enforce rights
429.31
Closing of facility
429.34
Right of entry and inspection
429.35
Maintenance of records
429.41
Rules establishing standards
429.42
Pharmacy and dietary services
429.44
Construction and renovation
429.47
Prohibited acts
429.49
Resident records
429.52
Staff training and educational requirements
429.53
Consultation by the agency
429.54
Collection of information
429.55
Consumer information website
429.075
Limited mental health license
429.174
Background screening
429.176
Notice of change of administrator
429.177
Patients with Alzheimer’s disease or other related disorders
429.178
Special care for persons with Alzheimer’s disease or other related disorders
429.195
Rebates prohibited
429.255
Use of personnel
429.256
Assistance with self-administration of medication and with other tasks
429.275
Business practice
429.293
Presuit notice
429.294
Availability of facility records for investigation of resident’s rights violations and defenses
429.295
Certain provisions not applicable to actions under this part
429.296
Statute of limitations
429.297
Punitive damages
429.298
Punitive damages
429.435
Uniform firesafety standards
429.445
Compliance with local zoning requirements

Current through Fall 2025

§ 429.255. Use of personnel; emergency care's source at flsenate​.gov