Current through Reg. 50, No. 187; September 24, 2024
(1)
Application for Licensing. Applications for any license described in this rule
chapter shall be submitted initially and annually thereafter to the Department
along with the required licensing fee. A renewal application is subject to the
provisions of s. 397.407(8).
Applications for renewal submitted less than 60, but more than 30 calendar
days, prior to the expiration of the regular license, will be processed. Late
fees will be applied to all renewal applications submitted after 60 days. If
the application for renewal is not received by the Department prior to the
expiration of the regular license, the application will be returned to the
applicant, including any fees. In addition to requirements pursuant to Section
397.403, F.S., and unless
otherwise specified, all applications for licensure shall include the
following:
(a) A standard application for
licensing, using CF-MH Form 4024, (December 2023), titled "Application for
Licensing to Provide Substance Abuse Treatment Services, " which is
incorporated by reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-16219.
In lieu of a standard application, the applicant may complete an online process
through the Department's statewide electronic system specific to licensure,
which can be accessed at
https://www.myflfamilies.com/services/licensing/samh.
(b) Written proof of compliance for all
licensed facilities, including community housing, with local health, fire and
safety inspections;
(c) Information
on the competency and ability of the applicant, chief executive officer, chief
financial officers, and clinical supervisors to carry out the requirements of
these rules, including education, previous employment history, and list of
references.
(d) A financial audit
or review conducted by a certified accountant must be completed within the last
12 months of the calendar year showing proof of the applicant's financial
ability and organizational capability to operate. Providers that are accredited
according to the provisions of s.
394.741, F.S. by a Department
recognized accrediting organizations and Inmate Substance Abuse Programs
operated by or under contract with the Department of Corrections, the
Department of Management Services, or the Department of Juvenile Justice are
exempt from this requirement;
(e)
Proof of professional liability and general liability coverage. (Inmate
Substance Abuse Programs operated by or under contract with the Department of
Corrections, or the Department of Management Services, or the Department of
Juvenile Justice are exempt from this requirement) Professional liability
insurance coverage shall be in an amount not less than $250, 000 per claim,
with a minimum annual aggregate of not less than $750, 000;
(f) Confirmation of completion of basic
HIV/AIDS education requirements pursuant to Section
381.0035, F.S., for renewal
applications;
(g) If delivering
services through telehealth, detailed procedures outlining the equipment and
implementation plan for services shall be included. Providers utilizing
telehealth must implement technical written policies and procedures for
telehealth systems that comply with the Health Insurance Portability and
Accountability Act privacy regulations, and applicable state and federal laws
that pertain to patient privacy. Policies and procedures must also address the
technical safeguards required by
Title 45, Code of Federal Regulations, Section 164.312, where
applicable. All staff shall have a working knowledge of the substance use
operating procedures; and
(h) The
Drug Enforcement Administration registration for all
physicians.
(2) Items
listed in paragraphs (1)(a)-(h) must accompany the application for a license
and shall be maintained.
(a) Renewal
applicants shall submit item (1)(a)-(h) along with the licensure application.
However, regarding items in paragraph (1)(c), only new applicants or where
there is a change in chief executive officer, chief financial officers, or
clinical supervisors shall submit this information with the application. All
documents attached to the application, including items listed in paragraphs
(1)(a)-(h) for renewal applicants, shall be made available for review at the
provider facility. Documents attached to the application, including items
listed in paragraphs (1)(a)-(h) that expire during the licensure period shall
be renewed by the provider prior to the expiration date.
(b) The provider shall notify the Department
prior to the expiration date if the provider will cease operation and not renew
the license. Providers must be accredited by a Department-approved accrediting
entity.
(c) Applications for
licensure must include proof of application for accreditation pursuant to s.
397.403,
F.S.
(3) Once the
application is determined to meet licensure requirements, a methadone
medication assisted treatment for opioid use disorder addiction provider shall
be issued a probationary license while awaiting verification of certification
from the Substance Abuse and Mental Health Services Administration (SAMHSA) and
registration with the Drug Enforcement Agency (DEA). Upon receipt of the SAMHSA
certification, DEA registration, and an approved probationary Department
inspection, the Department will issue the provider a regular license to provide
methadone medication assisted treatment for opioid use disorder
treatment.
(4) Upon notification of
a change in ownership of a methadone medication assisted treatment for opioid
use disorder addiction provider, the provider shall submit the DEA Form 223
Certificate of Registration, which shall be kept with the original DEA
Certificate of Registration until the expiration date. The provider must submit
proof of notification from SAMHSA based upon all other compliance
actions.
(5) Nonresponsive
applicant. If certified mail sent to the provider's address of record, mailing
address if applicable, is returned as unclaimed or undeliverable, the
Department will send a copy of the letter by regular mail to the provider's
address of record, or mailing address if applicable, with a copy to the
applicant's address if different from the provider. The applicant must respond
to the request within 21 days of the date of the letter sent by regular mail.
If timely response is not received, the application will be denied.
(6) Inspections of Accredited Providers. In
addition to conducting licensing inspections every three (3) years, the
Department has the right to conduct inspections of accredited providers in
accordance with Section
394.741(6) and
397.411, F.S., in cases where
any of the following conditions exist:
(a) The
accredited provider or component of the provider fails to submit the
accreditation report and any corrective action plan related to its
accreditation upon request by the Department;
(b) The provider or component of the provider
has not received or has not maintained accreditation as provided for in
subsection (7) of this rule;
(c)
The Department's investigation of complaints results in findings of one (1) or
more violations of the licensing standards of any accredited component;
or
(d) The Department has concerns
regarding the health, safety or welfare of individuals
served.
(7) Determination
of Accreditation. Providers shall submit a copy of the accreditation survey
report to the Department annually. The Department shall review the report and
confirm that accreditation has been awarded for the applicable components. If
the survey report indicates that the provider or any components of the provider
have been issued provisional or conditional accreditation, the Department shall
conduct a licensing inspection as permitted in subsection (6) of this
rule.
Rulemaking Authority
397.321(5),
397.4014 FS. Law Implemented
397.321(6),
397.4014,
397.403,
397.407,
397.410,
397.4014,
397.411
FS.
New 8-29-19, Amended 11-22-22,
1-1-24.
