(2) License
Non-transferable. In addition to section
397.407(6),
F.S., an acquisition of a majority of ownership shall require the submission of
a new application for each component affected. A change in ownership of less
than a majority of the ownership interest in a licensed entity only requires
submittal of a local and Level 2 background check. All owners shall be screened
according to the level 2 screening requirements of chapter 435, F.S.
(a) Licenses are not transferable:
1. Where an individual, a legal entity or an
organizational entity, acquires an already licensed provider or site as
described herein; or
2. Where a
provider relocates or a component of a provider is relocated or the address
where services are rendered changes.
(b) Submitting Applications. A completed
"Application for Licensure to Provide Substance Use Services, " CF-MH Form
4024, July 2019, incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10903,
shall be submitted to the Department at least 30 days prior to acquisition or
relocation. In lieu of the paper "Application for Licensure to Provide
Substance Use Services, " the applicant may complete an on-line process through
the Department's statewide electronic system specific to licensure, which can
be accessed at
http://www.myflfamilies.com/service-programs/substance-abuse/licensure-regulation.
The online application, CF-MH Form 4024a, July 2019, is incorporated by
reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10902.
The "Treatment Resource Attestation, " CF-MH 4055, July 2019, which is
referenced in form CF-MH 4024, is incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10905.
1. Acquisition. An entity shall submit an
Application for Licensing to Provide Substance Abuse Treatment Services to the
Department 30 days prior to a change in controlling ownership as defined in
this rule of the licensed provider or of the contractual management entity.
Failure to register the provider and submit an application 30 days prior to a
change will result in the invalidation of the provider's license or site,
provided that the change in ownership occurs, effective the date of the action
changing the control of ownership or management. In addition to the
application, online application or C&F-SA Form 4024, Nov 2017, the
applicant shall be required to submit all items as required in subsection
65D-30.0036(1),
F.A.C. When the application is considered complete, the Department shall issue
a probationary license.
2.
Relocation. In addition to an Application for Licensing to Provide Substance
Abuse Treatment Services, if there is no change in the provider's services, the
provider shall only be required to provide proof of general liability insurance
coverage and compliance with local fire and safety standards established by the
State Fire Marshal, health codes, appropriate zoning, and occupational
license/business tax receipt. If there is a change in the provider's services,
the provider shall be required to submit all items as required in subsection
65D-30.0036(1),
F.A.C. In this latter case, when the Department determines the application to
be complete, the Department shall issue a probationary license. A regular
license will not be issued if relocating during a probationary period, and the
applicant must re-apply.
3.
Temporary Relocation. A provider may temporarily relocate services when an
evacuation is necessary in order to protect the health, safety, and welfare of
individual's being served.
a. Information on
the emergency circumstances requiring temporary relocation of services and
options to transfer individuals to another provider shall be made available to
individuals in treatment, prior to any emergency action taken by the provider,
and acknowledgement of the information shall be documented in the clinical
record. The provider shall discharge individuals who can be safely
discharged.
b. The provider must
notify the Regional Substance Abuse and Mental Health Office by phone or
electronic mail within five (5) business days of relocation.
c. If the temporary relocation exceeds 30
business days, prior approval is required by the Regional Substance Abuse and
Mental Health Program Office. The provider shall submit a written request to
the Department, including justification for the temporary relocation, the
beginning and ending dates of the temporary relocation, and a plan for the
transfer of any individuals to other providers. The regional office shall
approve written requests containing the required information. The regional
office shall send a written approval or denial to the provider.
d. During temporary relocation, a provider
must deliver or arrange for appropriate care and services to all
individuals.