Florida Administrative Code
65 - DEPARTMENT OF CHILDREN AND FAMILIES
65D - Substance Abuse Program
Chapter 65D-30 - SUBSTANCE ABUSE SERVICES OFFICE
Section 65D-30.0037 - Department Licensing Procedures
Universal Citation: FL Admin Code R 65D-30.0037
Current through Reg. 50, No. 187; September 24, 2024
(1) Department Licensing Procedures. The regional offices shall be responsible for licensing providers operating within their geographic boundaries but are not prohibited from reviewing applications or conducting audits of service providers outside the boundary.
(a)
Application Process. The regional offices shall process all new and renewal
applications for licensing and shall notify both new and renewal applicants in
writing within 30 business days of receipt of the application that it is
complete or incomplete. Where an application is incomplete, the regional office
shall specify in writing to the applicant the items that are needed to complete
the application. Following receipt of the regional office's response, the
applicant shall have 10 business days to submit the required information to the
regional office. If the applicant needs additional time to submit the required
information, it may request such additional time within five (5) business days
of the deadline for submitting the information. Within five (5) business days
of receipt of the request, the regional office shall approve the request for up
to an additional 30 business days. Any renewal applicant that fails to meet
these deadlines shall be assessed an additional fee equal to the late fee
provided for in subsection
397.407(3),
F.S., $100 per licensed component for each specific location. If the applicant
is seeking a new license and fails to meet these deadlines, the application and
all fees shall be returned to the applicant unprocessed.
(b) Licensing Inspection. The regional office
may conduct announced or unannounced on-site licensing inspections pursuant to
section 397.411, F.S. Prior to any
scheduled inspection, the regional office shall notify the applicant of its
intent to conduct an on-site licensing inspection or electronic file review and
of the proposed date of the inspection. The regional office shall include the
name(s) of the authorized agents who will conduct the inspection and the
specific components and facilities to be inspected. This notification, however,
shall not prohibit the regional office from inspecting other components or
facilities maintained by a provider at the time of the review.
(c) Licensing Determination. A
performance-based rating system shall be used to evaluate a provider's
compliance with licensing standards. Providers shall attain at least 80 percent
compliance overall on each component reviewed. This means that each set of
standards within each facility operated by a provider is subject to the 80
percent compliance requirement. If any set of standards within a facility falls
below 80 percent compliance, an interim license will be issued for that
component. In addition, there may be instances where a component is rated at an
80 percent level of compliance overall but is in substantial noncompliance with
standards related to health, safety, and welfare of individuals or staff. This
includes significant or chronic violations regarding standards that do not
involve direct services to individuals. In such cases, the regional office
shall issue an interim license to the provider or take other regulatory action
as permitted in section
397.415, F.S.
(d) Notifying Providers Regarding Disposition
on Licensing. In the case of new and renewal applications, the regional office
shall give written notice to the applicant as required in section
120.60(3),
F.S., that the regional office has granted or denied its application for a
license. In the case of new applicants, this shall occur within the 90-day
period following receipt of the completed application. In the case of renewal
applicants, this shall occur prior to expiration of the current
license.
(e) Reports of Licensing
Inspections. The regional offices shall prepare and distribute to providers a
report of licensing inspections that shall include:
1. The name and address of the
facility;
2. The names and titles
of principal provider staff interviewed;
3. An overview of the components and
facilities inspected and a brief description of the provider;
4. A summary of findings from each component
and facility inspected;
5. A list
of noncompliance issues, if any, with rule or statutory references and a
request that the provider submit a plan for corrective action, including
required completion dates;
6.
Recommendations for issuing a probationary, a regular, or an interim license
and recommendations regarding other actions permitted under chapter 397, F.S.;
and
7. The name and title of each
authorized agent of the Department.
8. If the criteria established for a
licensable component are not met, deficiencies must be classified according to
the nature and scope of the deficiency and cited as isolated, patterned, or
widespread. The type must be identified on the licensing
inspection.
(f)
Distribution of Licenses and Notices. For new and renewal applications,
regional offices shall send providers a written, signed license along with the
written notice as described in subparagraph 4 of this section. Additionally,
any adverse action by regional offices (e.g., issuance of an interim license,
license suspension, denial, revocation, fine or moratorium) shall be
accompanied by notice of the right of appeal as required by chapter 120,
F.S.
(g) Content of Licensing
Records. The regional offices shall maintain current electronic licensing files
on each provider licensed under chapter 397, F.S. The contents of the files
shall include those items submitted to the Department, as required in
subsections 65D-30.0036(1)
-(3), F.A.C., as appropriate, and subparagraph
65D-30.0037(1)(a)
5., F.A.C. All documentation and updates will be entered into the Department
approved database within 35 business days of changes to the applicant or
provider status to ensure contents of licensing records are current.
(h) Listing of Licensed Providers. The
regional offices shall maintain a current listing of all licensed providers by
components, with license expiration dates as required by section
397.6774, F.S.
(i) Complaint Log. The regional offices shall
electronically document all complaints regarding providers in the data system
approved by the Department. Documentation shall include the date the complaint
was received, dates review was initiated and completed, and all findings,
penalties imposed, fines collected, reports to other licensing or credentialing
entities, and other information relevant to the complaint.
(j) Publishing Provider Information. A list
of licensed providers shall be published to the Department's website. The list
shall include provider name(s), address(es), contact information, number of
beds for inpatient services, inspection score, and other information the
Department deems useful to the public.
(2) Closing a Licensed Provider. Pursuant to chapter 120, F.S., providers shall notify the Department in writing at least 30 days prior to ceasing operation. The provider, with the Department's assistance, shall attempt to place all individuals being served in need of care with other providers along with their clinical records and files. The provider shall notify the Department where the clinical records and files of previously discharged individuals are and where they will be stored for the legally required period. A service provider may not engage in patient brokering as established in section 397.55(2), F.S.
(3) Approval of Overlay Services.
(a) Qualifying as Overlay Services.
A provider that is licensed under chapter 397, F.S., to provide day or night
treatment, intensive outpatient treatment, outpatient treatment, aftercare, or
intervention is permitted to deliver those component services at locations
which are leased or owned by an organization other than the provider, but not
by another provider. The aforementioned component services may be delivered
under the authority of the provider's current regular license for that
component service so that the alternate location will not require a license. To
qualify, overlay services shall be provided on a regular or routine basis over
time, at an agreed upon location.
(b) Procedure for Approving Overlay Services.
1. The provider shall submit a request to
provide overlay services and applicable fee to the Department, including:
a. A description of the services to be
provided;
b. The manner in which
services will be provided;
c. The
number of days each week and the number of hours each day each service will be
provided;
d. How services will be
supervised; and
e. The location of
the services.
2. The
Department shall notify the provider within 30 business days of receipt of the
request to provide overlay services of its decision to approve or deny the
request and, in the case of denial, reasons for denying the request in
accordance with subparagraph 3.
3.
The Department shall deny the request to provide overlay services if it
determines that the provider did not address the specific items in subparagraph
1., or is currently operating under less than a regular license.
4. In cases where the request to provide
overlay services is approved, the Department shall clearly specify the licensed
component that will be provided as overlay.
(c) Special Requirements.
1. Services delivered at the alternate site
must correspond directly to those permitted under the provider's current
license.
2. Information on each
individual involved in an overlay service must be maintained in a manner that
complies with current licensing requirements.
3. Overlay services are subject to all
requirements of the corresponding level of licensure and are subject to
inspection by the Department.
4.
Overlay services may only be provided at the locations specified by the
Department in the approval letter.
(4) Licensing of Department of Juvenile Justice Commitment Programs and Detention Facilities. In instances where substance use services are provided within Juvenile Justice Commitment Programs and detention facilities, such services may be provided in accordance with any one (1) of the four (4) conditions described below:
(a) The services must be provided for the
appropriate licensable service component as defined in subsection
65D-30.002(17),
F.A.C;
(b) The services must be
provided by employees of a service provider licensed under chapter 397,
F.S;
(c) The services must be
provided by employees of the commitment program or detention facility who are
qualified professionals licensed under chapter 458, 459, 490, or 491, F.S.;
or
(d) The services must be
provided by an individual who is an independent contractor who is licensed
under chapter 458, 459, 490, or 491, F.S.
(5) Licensing of Department of Corrections Inmate Substance Abuse Programs. Inmate substance abuse services shall be provided within inmate facilities operated by or under contract with the Department of Corrections, or Department of Management Services, as specifically provided for in these rules. The inmate facility is licensed under chapter 397, F.S., in accordance with the requirements in rule 65D-30.004, F.A.C., and the appropriate component under rule 65D-30.007, 65D-30.009, 65D-30.0091, 65D-30.010, 65D-30.011, 65D-30.012, or 65D-30.013, F.A.C.
Rulemaking Authority 397.321(5) FS. Law Implemented 397.321(6), 397.4014, 397.403, 397.407, 397.410 FS.
New 8-29-19.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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