Current through Reg. 50, No. 187; September 24, 2024
(1) Each DUI program
shall establish a treatment referral system for persons determined to have an
alcohol or other substance abuse problem. Twelve step programs and self-help
groups shall not be utilized by the DUI program for treatment referrals. The
treatment agency may refer clients to twelve step programs and self-help
groups. The client shall be given a listing of approved providers with
identifying information on location, fees, intake procedures and criteria for
admission. The client shall be free to choose the treatment agency. An
appointment with a treatment agency must be scheduled by the client within
twenty (20) days following the evaluation.
(2) The program shall maintain a policies and
step by step procedures manual which may be included as part of the operating
policies and procedures manual, and shall deal with the following matters:
(a) Treatment referral;
(b) Follow-up process including the receipt
of client information from the treatment agency;
(c) Client grievances;
(d) Written agreements or
contracts;
(e) Listing and
description of the treatment providers including criteria for their
selection.
(3) In its
criteria for treatment providers selection, the DUI program shall minimally
require that:
(a) All treatment providers
shall be licensed by the Department of Children and Families (DCF) pursuant to
Chapter 397, F.S., or exempt from such licensure. A copy of the current license
must be on file with the DUI program. If the DCF license has expired and the
current license is unavailable, a letter must be secured from the district DCF
office stating that the provider is in good standing and holds licensure
status. Documentation of licensure exemption must be on file with the DUI
program.
(b) Each provider to which
referrals are made shall enter into a contract or written agreement with the
DUI program unless the treatment provider and the DUI program are the same
organization. The only manner in which the DUI program can refer clients to
that organization's treatment component is to secure a waiver pursuant to
Application for Treatment Waiver, HSMV Form 77050, incorporated by reference in
Rule 15A-10.043, F.A.C. If a waiver
is granted and the organization which conducts the substance abuse evaluation
and education is authorized to provide treatment services to DUI clients,
licensure under Chapter 397, F.S., or documentation of licensure exemption for
the provision of such services shall be obtained from DCF. In considering an
application for treatment waiver, the Department shall consider the following
criteria:
1. The number of DCF licensed or
exempt facilities in the area served by the applicant.
2. Fee schedule.
3. Waiting period to receive
services.
4. Distance in mileage
between applicant's treatment facility and other providers in the area served
by the applicant.
5. Days and hours
of operation of all other DCF licensed or exempt facilities in the service
area.
6. Admission criteria and
admission criteria restrictions of all other DCF licensed or exempt facilities
in the service area.
7. Average
length of treatment prescribed by each DCF licensed or exempt facility in the
service area.
8. Willingness of
each DCF licensed or exempt provider in the service area to comply with the
pertinent rule requirement.
9.
Services to minorities and special needs clients.
10. Willingness of the applicant facility to
cooperate with other DUI programs in the area in complying with the rule
requirements.
(c)
Treatment planning shall be the responsibility of the treatment provider
receiving the referral and the treatment plan shall be individualized to each
client's needs. Such requirements shall be included in the contract or written
agreement made between the DUI program and the treatment provider.
(d) The treatment provider must confer
regularly with the DUI program for the purpose of staffing, tracking, and
coordinating. Confer regularly is defined as a face to face meeting once each
quarter between the treatment provider representative and the DUI program
representative. Conferring may occur by telephone in between the quarterly face
to face contacts.
(e) The treatment
provider must notify the DUI program when there is a change in client's level
of participation in treatment. This requirement shall be included in the
contract or written agreement with the treatment provider.
(f) The treatment provider shall comply with
any other criteria specific to the local community and client population as
stipulated by the DUI program.
(4) If a client is already engaged in
treatment at the time of the evaluation with a provider not on the DUI
program's list of approved providers, the DUI program shall ensure that the
provider meets the following criteria:
(a)
Authorized by a Florida state agency to provide substance abuse services as
defined in Chapter 397, F.S., or by the appropriate state agency if located
outside of Florida;
(b) Provide
information on client status and disposition on appropriate letterhead
stationary; and,
(c) Meets the
conditions listed in the Treatment Referral and/or Documentation, HSMV Form
77005. Such criteria shall also apply in those cases where the client has
completed treatment prior to the evaluation but after the present
DUI.
(5) If treatment
documentation must be secured from an out-of-state provider, a contract or
written agreement is not required. The DUI program shall have evidence of its
efforts to secure documentation that the provider is appropriately licensed or
approved in that state or country, that substance abuse is the focus of the
client's treatment, that monthly reports are received from the provider, and
the provider notifies the DUI program of any change in the client's
status.
(6) The DUI program must
secure documentation from all treatment providers including the Feedback HSMV
Form 77031 incorporated by reference in Rule
15A-10.043, F.A.C.
(7) If treatment documentation indicates that
the person has been seen by a treatment provider only for the purpose of
prescribing or reviewing medication and not receiving alcohol or other drug
treatment, then referral to a licensed provider may be made to determine the
need for treatment.
(8) All
programs shall submit a Quarterly Treatment Referral Report, HSMV Form 77051,
incorporated by reference in Rule
15A-10.043, F.A.C., on client
treatment referrals for review by the Department. This report shall be received
by the Department within thirty (30) days following the end of each
quarter.
Rulemaking Authority 322.02, 322.292 FS. Law Implemented
322.292 FS.
New 1-4-95, Amended
3-4-97.
