65G-2.014. Comprehensive Transitional Education Program Standards

(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. History–New 7-31-91, Formerly 10F-6.013, 65B-6.013, Amended 7-1-14.