Florida Administrative Code
65 - DEPARTMENT OF CHILDREN AND FAMILIES
65E - Mental Health Program
Chapter 65E-9 - LICENSURE OF RESIDENTIAL TREATMENT CENTERS
Section 65E-9.004 - Administrative Enforcement
Universal Citation: FL Admin Code R 65E-9.004
Current through Reg. 50, No. 187; September 24, 2024
(1) Provider staff shall cooperate with the Agency and Department personnel during surveys, complaint investigations, monitoring visits, implementation of correction plans, license application and renewal procedures, and other activities necessary to ensure compliance with chapter 394, F.S., and this rule.
(2) Administrative sanctions shall be imposed as authorized in section 394.879(4), F.S., for:
(a) Deficiencies which are not
corrected within the time frame set by the Agency and for repeat
deficiencies;
(b) Exceeding the
licensed capacity;
(c) Violating a
moratorium on admissions imposed under the provisions of this rule;
and
(d) Failure to timely submit a
renewal application in compliance with subsection
65E-9.003(7),
F.A.C., or a change of ownership application in compliance with rule
65E-9.003,
F.A.C.
(3) Moratorium on admissions.
(a) An immediate moratorium on
admissions shall be placed on the facility when it has been determined that any
condition in the facility presents an immediate or direct threat to the health,
safety, and well being of children in the facility. The following situations
are examples of threats constituting grounds for a moratorium:
1. Inappropriate or excessive use of
restraint and seclusion;
2. The
presence of children who need more care than can be provided by the
facility;
3. Food supply inadequate
to provide proper nutrition to children;
4. Lack of sufficient staff who are skilled
and competent to provide for or to meet the immediate needs of the
children;
5. Notification by the
local fire marshal's office or county health Department that conditions exist
which impose an immediate threat to the children; or
6. Significant or repeated staff error
resulting in failure to administer medications as
prescribed.
(b)
Moratoriums shall not be lifted until the deficiencies have been corrected and
the Agency has determined through an appraisal visit that there is no danger or
threat to the children's health, safety, or well being. The removal of the
moratorium shall be conveyed and confirmed by written notification.
(c) During the moratorium, no new children or
previously discharged children shall be admitted to the facility. Children for
whom the provider is holding a bed may return to the facility only after the
child's parent or guardian has been informed that the facility is under a
moratorium on admissions and with the prior approval of the local Agency field
office.
(d) When a moratorium is
placed on a facility, the Agency notice of the moratorium shall be posted and
visible to the public at the facility until the moratorium is
lifted.
Rulemaking Authority 39.407, 394.875(10) FS. Law Implemented 394.875 FS.
New 7-25-06.
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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