65D-30.002. Definitions  

Effective on Thursday, August 29, 2019
  • 1(1) “Abbreviated Treatment Plan” means a shorter version of a treatment plan that is developed immediately following placement in an addictions receiving facility or detoxification component and is designed to expedite planning of services typically provided to individuals placed in those components.

    43(2) “Accreditation” means the process by which a provider satisfies specific nationally accepted administrative, clinical, medical, and facility standards applied by an accrediting organization that has been approved by the department.

    74(3) “Aftercare” means 77structured services provided to individuals who have completed an episode of treatment in a component and who are in need of continued observation and support to maintain recovery.

    105(4) “Ancillary Services” 108as defined in subsection 112397.311(1), F.S114.

    115(5) “Assessment” means a process used to determine the type and severity of an individual’s substance use problem and includes a psychosocial assessment and, depending upon the component, a physical health assessment.

    147(6) “Authorized Agent of the Department” 153as defined in subsection 157397.311(2), F.S.

    159(7) “Best Practice” means the combination of specific treatments, related services, organizational and administrative principles, core competencies, or social values designed to most effectively benefit the individuals served. Best Practices also include evidence-based practice, which is subject to scientific evaluation for effectiveness and efficacy. Best Practice standards may be established by entities such as the Substance Abuse and Mental Health Services Administration, national trade associations, accrediting organizations recognized by the Department, or comparable authorities in substance use treatment.

    237(8) “Business Day” means a day in which the Department’s Office of Substance Abuse and Mental Health is operating for business between 8 a.m. and 5 p.m. (Eastern Standard Time).

    267(9) “Case Management” means 271services provided to or on behalf of an individual in order to assess his or her needs, plan or arrange services, coordinate service providers, link the service system to an individual, monitor service delivery, and evaluate the effect of the services received313.

    314(10) “Certification” means 317a designation earned by an individual or organization demonstrating core competency in a practice area related to substance use prevention, treatment, or recovery support, awarded by a Department-recognized credentialing entity.

    347(11) “Change in Ownership” means, in addition to section 356397.407(6), F.S.;

    358(a) An event in which the licensee sells or otherwise transfers its ownership to a different individual or entity as evidenced by a change in federal employer identification number or taxpayer identification number; or

    392(b) An event in which greater than 50 percent or more of the ownership, shares, membership, or controlling interest of a licensee is in any manner transferred or otherwise assigned. This paragraph does not apply to a licensee that is publicly traded on a recognized stock exchange. 

    439(c) A change solely in the management company or board of directors is not a change of ownership.

    457(12) “Clinical Record” means all parts of the record 466required to be maintained that are 472provided to 474an individual 476and includes 478all clinical records, assessments, financial and legal agreements and consents, progress notes, charts, admission and discharge data, clinical services, clinical summaries, individual therapy notes, group therapy notes, family therapy notes, and other information recorded by the facility staff, which pertains to the individual’s treatment522.

    523(13) “Clinical Services,” for the purposes of this rule chapter, means services such as screening, assessment, level of care determination, treatment planning, and counseling.

    548(14) “Clinical Staff” means employees of a provider who are responsible for providing clinical services to individuals.

    565(15) “Clinical Summary,” as used in the context of these rules, means a written statement summarizing the results of the psychosocial assessment relative to the perceived condition of the individual and a further statement of possible service needs based on the individual’s condition.

    609(16) “Clinical Supervisor” means a person that manages personnel who provide direct clinical services, or a person who maintains lead responsibility for the overall coordination and provision of clinical services. A “Clinical Supervisor” shall meet the qualifications of a “Qualified Professional” as defined in subsection 654397.311(34), F.S. 656For the purposes of this rule chapter a Clinical Director is considered a Clinical Supervisor.

    671(17) “Competency and Ability of Applicant” means a determination that an applicant for a license under chapter 397, F.S., is able or unable to demonstrate, through a background check on education and employment history, the capability of providing substance abuse services in accordance with applicable laws and regulations.

    719(18) “Component” 721or “Service Component” as defined in subsection 728397.311(42), F.S.

    730(a) “Addictions Receiving Facility” 734as defined in subsection 738397.311(26), F.S740.

    741(b) “Detoxification” 743as defined in subsection 747397.311(26), F.S749.

    750(c) “Intensive Inpatient Treatment” 754as defined in subsection 758397.311(26), F.S760.

    761(d) “Residential Treatment” 764as defined in subsection 768397.311(26), F.S770.

    771(e) “Day or Night Treatment with Community Housing” 779as defined in subsection 783397.311(26), F.S785.

    786(f) 787“Day or Night Treatment” 791as defined in subsection 795397.311(26), F.S797.

    798(g) “Intensive Outpatient Treatment” 802as defined in subsection 806397.311(26), F.S808.

    809(h) 810“Outpatient Treatment” 812as defined in subsection 816397.311(26), F.S818.

    819(i) 820“Aftercare” involves structured services provided to individuals who have completed an episode of treatment in a component and who are in need of continued observation and support to maintain recovery.

    850(j) “Intervention” 852as defined in subsection 856397.311(26), F.S858.

    859(k) 860“Prevention” 861as defined in subsection 865397.311(26), F.S867.

    868(l) 869“Medication-assisted treatment for opiate addiction” as defined in subsection 878397.311(26), F.S.

    880(19) “Co-occurring Disorder” means a diagnosis of a substance use disorder and a concurrent diagnosis of a 897mental health 899disorder.

    900(20) “Counseling” means the process, conducted in a facility licensed under chapter 397, F.S., of engaging 916an individual and his/her support system (i.e., family, significant other, etc.), as indicated, 929in a discussion of issues associated with the 937individual938’s substance use and 942other co-occurring conditions 945in an effort to work toward a constructive resolution of those problems and ultimately toward recovery. 961For the purposes of this rule chapter, therapy is considered a type of counseling.

    975(21) “Counselor” means a member of the clinical staff, working in a facility licensed under chapter 397, F.S., whose duties primarily consist of conducting and documenting services such as counseling, psycho-educational groups, psychosocial assessment, and treatment planning.

    1012(22) “Court Ordered” means the result of an order issued by a court requiring an individual’s participation in a licensed component of a provider under the following authority:

    1040(a) Civil involuntary as provided under sections 1047397.6811 1048and 1049397.693, F.S.;

    1051(b) Treatment of 1054individuals with substance use disorders 1059in licensed secure facilities as provided under section 1067397.702, F.S.; 1069and

    1070(c) Offender referrals as provided under section 1077397.705, F.S.

    1079(23) “Credentialing entity” as defined in subsection 1086397.311(10), F.S.

    1088(24) “Crisis Intervention” means emergency psychological care aimed at assisting individuals in a crisis situation to restore equilibrium to their biopsychosocial functioning and to minimize the potential for psychological trauma. This includes the methods used to offer immediate, short-term help to individuals who experience an event that produces emotional, mental, physical, and behavioral distress or problems.

    1144(25) “Designate,” as used in this rule chapter, means the action taken by the Department to approve an Addictions Receiving Facility to provide screening, assessment, evaluation, and treatment to individuals found to be substance use impaired as described in section 1185397.675, F.S. 1187and who meet the placement criteria for this component.

    1196(26) “Detoxification Protocol” means a detailed plan of the medical protocol for the detoxification treatment or procedure. This includes the type of medication, dosage, administration, and components of treatment other than medication.

    1228(27) “Diagnostic Criteria” means prevailing standards which are used to determine an individual’s mental and physical condition relative to their need for substance use services, such as those which are described in the current Diagnostic and Statistical Manual of Mental Disorders.

    1269(28) “Diagnostic Services” means services that are provided to individuals who have been assessed as having special needs and that will assist in their recovery such as educational tests, psychometric tests and evaluation, psychological and psychiatric evaluation and testing, and specific medical tests.

    1312(29) “Direct Care Staff” means employees and volunteers of a provider who provide direct services to individuals.

    1329(30) “Direct Services” means services that are provided by employees or volunteers who have contact or who interact with 1348individuals receiving services1351.

    1352(31) “Discharge 1354Summary” means a written narrative 1359of the 1361individual1362’s treatment record describing the 1367individual1368’s accomplishments and 1371challenges 1372during treatment, reasons for discharge, and recommendations for further services.

    1382(32) “Financial Ability” means a provider’s ability to secure and maintain the necessary financial resources to provide services to 1401individuals 1402in compliance with required standards.

    1407(33) “Indicated Prevention Services” has the same meaning as provided for the same term in subparagraph 142365E-14.021(4)(v)1., 1424F.A.C.

    1425(34) “Inmate Substance Abuse Programs,” include substance abuse services provided within facilities housing only inmates and operated by or under contract with the Department of Corrections.

    1452(35) “Initial Treatment Plan” means a preliminary, written plan of goals and objectives intended to inform the 1469individual 1470of service expectations and to prepare the 1477individual 1478for service provision.

    1481(36) “Intervention Plan” means a written plan of goals and objectives to be achieved by an 1497individual 1498who is involved in intervention services.

    1504(37) “Involuntary” means the status ascribed to a person who meets the criteria for admission under section 1521397.675, F.S.

    1523(38) “Licensed Bed Capacity” means the total bed capacity of addictions receiving facilities, residential detoxification facilities, 1539and residential facilities.

    1542(39) “Licensing Fee” means revenue collected by the department from a provider required to be licensed under section 1560397.407, F.S.

    1562(40) “Medication Administration Record” or “MAR” means the chart maintained for each individual which records the medication information required by this rule chapter. Other information or documents pertinent to medication administration may be attached to the MAR.

    1599(41) “Medical Consultant” means a physician licensed under chapter 458 or 459, F.S., who has an agreement with a licensed provider to be available to consult on any services required by individuals involved in those licensed components.

    1636(42) “Medical Director” means a physician licensed under chapter 458 or 459, F.S., who has been designated to oversee all medical services of a provider and has been given the authority and responsibility for medical care delivered by a provider.

    1676(43) “Medical History” means information on the 1683individual1684’s past and present general physical health, including the effect of substance use on the 1699individual1700’s health.

    1702(44) “Medical Maintenance” means special clinical protocols that permit extending the amount of consecutive take-1717home methadone 1719provided to 1721individual1722s who are involved in medication-assisted treatment 1729for opioid addiction 1732and who qualify through a special exemption from the Department for participation under these protocols. Medical maintenance may be either partial (13 consecutive take-1756home doses1758) or full (27 consecutive take-1764home doses1766).

    1767(45) “Medication Administration Record” or “MAR” means the chart maintained for each individual which records the medication administered to an individual as required by this rule chapter. Other information or documents pertinent to medication administration may be attached to the MAR.

    1808(46) “Medication Observation Record” or “MOR” means the chart maintained for each individual which records medication that is self-administered by an individual.

    1830(47) “Medication Error” means medication that is administered or dispensed to an 1842individual 1843in a dose that is higher or lower, with greater or lesser frequency, or that is the wrong medication than that which is prescribed under a physician’s order.

    1871(48) “1873Methadone Medication-Assisted 1875Treatment Sponsor” means a representative of a 1882methadone medication-assisted 1884treatment provider who is responsible for its operation and who assumes responsibility for all its employees and volunteers, including all practitioners, agents, or other persons providing services at the provider.

    1914(49) “Nursing Physical Screen” means a procedure for taking an 1924individual1925’s medical history and vital signs and recording any general impressions of an 1938individual1939’s current physical condition, general body functions, and current medical problems.

    1950(50) “Nursing Support Staff” means persons who assist Registered Nurses and Licensed Practical Nurses in carrying out their duties, but who are not licensed nurses.

    1975(51) “Operating Procedures” means written policies and procedures governing the organization and operation of a provider that include methods of implementation and accountability.

    1998(52) “Organizational Capability” means a provider’s ability to implement written operating procedures in conformance with required standards.

    2015(53) “Overlay” means a component operated within facilities not owned or operated by a provider.

    2030(54) “Owner” means the owner of record of a licensed facility that has an enforceable claim or title to an asset or property and is recognized as such by law.

    2060(55) “Physical Examination” means a medical evaluation of the 2069individual2070’s current physical condition.

    2074(56) “Physical Health Assessment” means a series of services that are provided to evaluate an 2089individual2090’s medical history and present physical condition and include a medical history, a nursing physical screen, a physical examination, laboratory tests, tests for contagious diseases, and other related diagnostic tests.

    2120(57) “Placement” means the process used to determine 2128individual 2129admission to, continued stay in, and transfer or discharge from a component in accordance with specific criteria.

    2146(58) “Prevention Plan” means a plan of goals to be achieved by an 2159individual 2160or family involved in structured indicated prevention activities on a regularly scheduled basis.

    2173(59) “Primary Counselor” means 2177the provider’s staff 2180who has primary responsibility for delivering and coordinating clinical services for specific 2192individuals in treatment2195.

    2196(60) “Private Practice,” as used in these rules, means a sole proprietorship, an individual or individuals using shared office space, or other business entity, required to be licensed under chapter 397, F.S.

    2229(61) “Privately Funded Provider” means a provider 2236which relies solely on private funding sources.

    2243(62) “Program Office” means the specific office of the Department identified as the single state authority for substance abuse.

    2262(63) “Progress Notes” means written entries made in the clinical record that 2274specify the intervention provided, and 2279document progress or lack thereof toward meeting treatment plan objectives, and which generally address the provision of services, the 2298individual2299’s response to those services, and significant events.

    2307(64) “Protective Factors” means those conditions that inhibit, reduce, or protect against the probability of the occurrence of drug use or abuse.

    2329(65) “2331Provider” or “Service Provider” 2335means a public agency, a private for-profit or not-for-profit agency, a person who is in private practice, and a hospital, licensed under chapter 397, F.S., or exempt from licensure.

    2364(66) “Psychosocial Assessment” means a series of evaluative measures designed to identify the behavioral and social factors involved in substance abuse and its symptoms, and is used in the determination of placement and the development of the treatment plan.

    2403(67) “Publicly Funded Provider” means a provider that receives funds directly from the department, Medicaid, or another public agency 2422or is a state agency or local government agency.

    2431(68) “Qualified Professional” 2434as defined in subsection 2438397.311(34), F.S2440.

    2441(69) “Quality Assurance” means a formal method of evaluating the quality of care rendered by a provider and is used to promote and maintain an efficient and effective service delivery system. Quality assurance includes the use of a quality improvement process to prevent problems from occurring so that corrective efforts are not required.

    2494(70) “Regional Substance Abuse and Mental Health Office” or “Regional Office” means a local Substance Abuse and Mental Health Program office of the Department.

    2518(71) “Resident” means an individual receiving treatment for a substance use disorder or co-occurring substance use and mental health disorders within a structured, non-hospital, live-in environment.

    2544(72) “Restraint” 2546as defined in section 2550394.455(41), F.S2552.

    2553(73) “Risk Factors” means those conditions affecting a group, individual, or defined geographic area that increase the likelihood of a substance use or substance abuse problem.

    2579(74) “Seclusion” 2581as defined in subsection 2585394.455(42), F.S2587.

    2588(75) “Selective Prevention Services” has the same meaning as provided for the same term in subparagraph 260465E-14.021(4)(w)1., 2605F.A.C.

    2606(76) “Services” means assistance that is provided to 2614individuals and their support system (i.e., family, significant other, etc.), as indicated, 2626in their efforts to 2630reduce or eliminate 2633substance use free, such as counseling, treatment planning, vocational activities, educational training, and recreational activities.

    2648(77) “Stabilization” 2650as defined in subsection 2654397.311(45) F.S2656.

    2657(78) “Substantial Compliance” means an applicant for a new license that is in the initial stages of developing services, has demonstrated the ability to implement the requirements of these rules through operating procedures, and is thereby eligible for a probationary license.

    2698(79) “Substantial Noncompliance” means that a provider operating on a regular license has significant violations, or a pattern of violations, which affects the health, safety, or welfare of individuals and, because of those violations, is issued an interim license or is subject to other sanctions as provided for in section 2748397.415, F.S.

    2750(80) “Summary Note” means a written record of the progress made by individuals involved in intervention services and indicated prevention services.

    2771(81) “Supportive Counseling” means a form of counseling that is primarily intended to provide information and motivation to individuals.

    2790(82) “Telehealth” means the mode of providing care, treatment, or services by a Florida qualified professional, as defined under subsection 2810397.311(34), F.S., 2812within the scope of his or her practice, through the use of clinical and medical information exchanged from one site to another via electronic communication. Telehealth does not include the provision of health services only through an audio only telephone, email messages, text messages, facsimile transmission, U.S. mail or other parcel service, or any combination thereof.

    2868(83) “Transfer Summary” means a written justification of the circumstances of the transfer of an individual from one (1) component to another or from one (1) provider to another.

    2897(84) “Treatment” 2899or “Clinical Treatment” as defined in paragraph 2906397.311(26)(a), F.S.

    2908(85) “Treatment Plan” 2911as defined in subsection 2915397.311(49), F.S.

    2917(86) “Universal Direct Prevention Services” has the same meaning as provided for the same term in subparagraph 293465E-14.021(4)(x)1., 2935F.A.C.

    2936(87) “Universal Indirect Prevention Services” has the same meaning as provided for the same term in subparagraph 295365E-14.021(4)(y)1., 2954F.A.C.

    2955(88) “Verbal De-escalation” means approved non-physical techniques and procedures used to manage a potentially aggressive situation and prevent it from escalating into physical aggression.

    2979(89) “Written Communication” or “In Writing” means a form of either electronic or postal communication.

    2994Rulemaking Authority 2996397.321(5) FS. 2998Law Implemented 3000397.311, 3001397.321(1), 3002397.410 FS. History–New 5-25-00, Amended 4-3-03, 12-12-05, 8-29-19.