Current through Reg. 50, No. 187; September 24, 2024
(1) ORGANIZATION AND ADMINISTRATION. Each
Comprehensive Transitional Education Program (CTEP) shall maintain a written
policy and procedures manual which shall be available for Agency inspection and
include:
(a) A description of the overall
organizational structure of CTEP, including the responsibilities of the
governing body, and the links between the different components;
(b) Personnel policies and procedures
including the qualifications of staff and their specific functions and
duties;
(c) Criteria and procedures
for admissions and discharges;
(d)
The use of behavioral interventions and procedures;
(e) Criteria and protocols related to the
video monitoring of residents;
(f)
Criteria and protocols for use of medication which may be employed for the
purpose of behavioral change;
(g)
Methods for resident risk prevention, including incident reporting and the
mandatory reporting of abuse, neglect, and exploitation under Sections
39.201 and
415.1034, F.S.;
(h) The emergency management plan and
evacuation procedures specified under Rule
65G-2.010, F.A.C.;
and,
(i) A description of all
reactive and restrictive procedures that may be utilized with CTEP
residents.
(j) A violation of this
subsection shall constitute a Class III violation.
(2) FINANCIAL STANDARDS.
(a) Fiscal records pertaining to the cost of
providing care to Agency clients shall be maintained in accordance with
generally accepted accounting principles.
(b) The Agency may audit the records of a
CTEP to ensure compliance with Chapter 65G-2, F.A.C., and Section
393.067, F.S., provided that
financial audits shall be limited to the records of Agency-funded
clients.
(c) Upon request by the
Agency, the CTEP shall make available copies of any internal or external audit
reports pertaining to funding received on behalf of Agency clients.
(d) The provider, the provider's employees,
and any family members thereof are prohibited from:
1. Being the named beneficiary of a
resident's life insurance policy unless related to the resident by blood or
marriage,
2. Receiving any indirect
financial benefit from a resident's life insurance policy unless related to the
resident by blood or marriage; and,
3. Borrowing or otherwise using a resident's
personal funds for any purpose other than the resident's
benefit.
(e) A violation
of this subsection shall constitute a Class III violation.
(3) RESIDENT TRAINING AND DATA COLLECTION.
Each CTEP shall have a policy and put into practice a system that enables the
program to accurately track and act upon information pertinent to each
resident's welfare.
(a) Data collection on
each individual shall include:
1. The use of
emergency interventions,
2. The use
of restraint and seclusion,
3. The
use of restrictive procedures,
4.
Accidents, injuries, unusual incidents or other significant events, including
the frequency, intensity and duration of the incident or significant
event,
5. Acquisition of functional
adaptive skills; and,
6.
Measurement of targeted inappropriate behavior which reflects frequency,
intensity, and duration of the behavior.
(b) Monitoring and management systems shall
include:
1. Methods for continuously
monitoring the adequacy of services, care, and treatment of individual
residents and the program as a whole; and,
2. Systematic means of acting on resident
information in a timely and effective manner.
(c) A violation of this subsection shall
constitute a Class II violation.
(4) SERVICES TO BE PROVIDED. Resident
treatment services shall include:
(a) Review
by a Certified Behavioral Analysis;
(b) Education;
(c) Behavioral interventions;
(d) Activities of daily living;
(e) Vocational Training;
(f) Recreation;
(g) Socialization; and,
(h) Independent Living.
(i) A violation of this subsection shall
constitute a Class III violation.
(5) STAFF REQUIREMENTS, QUALIFICATIONS AND
RESPONSIBILITIES.
(a) The facility shall
employ a clinical director who is certified as a behavior analyst by the
National Behavior Analyst Certification Board. A similarly qualified designee,
identified in writing, shall be responsible in the absence of the
director.
(b) CTEP staff must meet
the following qualifications:
1. Staff who
supervise the design of behavioral intervention plans must be board certified
behavior analysts,
2. Professional
staff shall have current licensure or professional certification, as
appropriate to their responsibilities,
3. The CTEP shall arrange for all staff to
receive documented and criteria-referenced pre-service training on every aspect
of resident care and treatment,
4.
In addition to the staff training required in other provisions of this rule
chapter, CTEP staff shall receive instruction that includes:
a. The role and function of the Local Review
Committee,
b. Individual Behavioral
Intervention Plans; and,
c. Twenty
contact hours of face-to-face competency-based instruction with
performance-based validation in applied behavior analysis, including:
introduction to applied behavior analysis; basic principles and functions of
behavior; providing positive consequences, planned ignoring, and
stop-redirect-reinforce techniques; and data collection and charting. Written
documentation must be recorded to demonstrate compliance with these training
requirements and be updated annually. The CTEP must retain these records for a
period of 3 years,
5.
There shall be a staff monitoring system that verifies that direct service
providers continue to be competent in the use of behavioral techniques on which
they were trained. Monitoring for competence must occur at monthly intervals
for 50% of direct service providers. Staff must be recertified in the training
requirements on an annual basis,
6.
The CTEP shall utilize a system that measures and demonstrates continuing staff
competencies on the use of procedures that are included in each person's
behavior plan,
7. Staff shall
include a board certified behavioral analyst; and,
8. The full-time staff member responsible for
overall supervision and approval of behavioral interventions shall have a
minimum of a Master's degree in a health-related field, have two years of
experience in the design and implementation of behavioral interventions with an
appropriate population, and be certified as a behavior
analyst.
(c) A violation
of this subsection shall constitute a Class II violation.
(6) RESIDENT RIGHTS. The facility shall
establish and maintain:
(a) Inter-disciplinary
teams to plan and implement the support plan as well the Individual Education
Plan for residents who are clients of the Agency;
(b) A committee approved by the Senior
Behavior Analyst for the Agency as an official sub-committee of the Agency's
behavior analysis Local Review Committee shall meet regularly, review all
behavioral intervention plans, and report to the behavioral analysis Local
Review Committee. The Area Behavior Analyst or designee shall chair this
committee;
(c) A process for
obtaining the informed consent of the resident or the resident's authorized
representative, in cases where restrictive procedures are employed, or rights
abridged; and,
(d) A violation of
this subsection shall constitute a Class III violation.
(7) PLACEMENT, INTAKE, AND TRANSITION.
(a) All residents shall be provided an
orientation to the facility designed to lessen anxiety and acquaint the
residents with the program.
(b) The
CTEP shall obtain resident referral material prior to each admission which
includes current medical, behavioral, educational and social data.
(c) At the time of admission the CTEP shall
develop and update monthly transition plans for each client funded by the
Agency which include:
1. Prioritization of
those behaviors that resulted in admission,
2. Targeted discharge placements; and,
3. Plans for fading behavior
supports to meet the structure of discharge placement and integration with the
supports that will be available upon discharge.
(d) A violation of this subsection shall
constitute a Class III violation.
Rulemaking Authority
393.501(1),
393.067 FS. Law Implemented
393.067,
393.18
FS.
New 7-31-91, Formerly 10F-6.013,
65B-6.013, Amended
7-1-14.