Revising application requirements for licensure as a substance abuse provider pursuant to Chapter Law 2023-298.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Substance Abuse Program

RULE NO.:RULE TITLE:

65D-30.0036Licensure Application and Renewal

PURPOSE AND EFFECT: Revising application requirements for licensure as a substance abuse provider pursuant to Chapter Law 2023-298.

SUMMARY: Amendments include: (1) eliminating duplicative language in statute, (2) align the rule with statutory time frames, (3) amends form CF-MH 4024, and (4) clarifies the language regarding methadone medication assisted treatment.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

A SERC has not been prepared.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 397.321(5), 397.4014 FS.

LAW IMPLEMENTED: 397.321(6), 397.4014, 397.403, 397.407, 397.410, 397.4014, 397.411 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Elizabeth Floyd. Elizabeth can be reached at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

(1) Application for Licensing. Applications for any license described in this rule chapter shall be submitted initially and annually thereafter to the Department along with the required licensing fee. A renewal application is subject to the provisions of s. 397.407(8). An application for renewal of a regular license must be submitted to the Department at least 90 calendar days prior to the expiration of the regular license. Applications for renewal submitted less than 60, but more than 30 90 calendar days prior to the expiration of the regular license, but at least 45 calendar days before the license expires, will be processed. Late and late fees will be applied to all renewal applications submitted after 60 days. If the application for renewal is not received by the Department prior to the expiration of the regular license, the application will be returned to the applicant, including any fees. In addition to requirements pursuant to Section 397.403, F.S., and unless otherwise specified, all applications for licensure shall include the following:

(a) A standard application for licensing, using CF-MH Form 4024, (insert date) (August 2022), titled “Application for Licensing to Provide Substance Abuse Treatment Services,” which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX https://www.flrules.org/Gateway/reference.asp?No=Ref-14618. In lieu of a standard application, the applicant may complete an online process through the Department’s statewide electronic system specific to licensure, which can be accessed at https://www.myflfamilies.com/services/licensing/samh http://www.myflfamilies.com/service-programs/substance-abuse/licensure-regulation;

(b) through (c) No change.

(d) A financial audit or review conducted by a certified accountant must be completed within the last 12 months of the calendar year showing proof of the applicant’s financial ability and organizational capability to operate. (Providers that are accredited according to the provisions of s. 394.741, F.S. by a Department recognized accrediting organizations and Inmate Substance Abuse Programs operated by or under contract with the Department of Corrections, the Department of Management Services, or the Department of Juvenile Justice are exempt from this requirement);

(e) through (h) No change.

(2) Items listed in paragraphs (1)(a)-(h) must accompany the application for a license and shall be maintained.

(a) Renewal applicants shall submit item (1)(a)-(h) along with the licensure application. However, regarding items in paragraph (1)(c), only new applicants or where there is a change in chief executive officer, chief financial officers, or clinical supervisors shall submit this information with the application. All documents attached to the application, including items listed in paragraphs (1)(a)-(h) for renewal applicants, shall be made available for review at the provider facility. Documents attached to the application, including items listed in paragraphs (1)(a)-(h) that expire during the licensure period shall be renewed by the provider prior to the expiration date.

(b) The provider shall notify the Department prior to the expiration date if the provider will cease operation and not renew the license. Providers must be accredited by a Department-approved accrediting entity.

(c) Applications for initial licensure must include proof of application for accreditation pursuant to s. 397.403, F.S. Applications for license renewal must demonstrate that accreditation is maintained.

(3) Once the application is determined to meet licensure requirements, a methadone medication assisted treatment for opioid use disorder addiction provider shall be issued a probationary license while awaiting verification of certification from the Substance Abuse and Mental Health Services Administration (SAMHSA) and registration with the Drug Enforcement Agency (DEA). Upon receipt of the SAMHSA certification, DEA registration, and an approved probationary Department inspection, the Department will issue the provider a regular license to provide methadone medication assisted treatment for opioid use disorder treatment.

(4) Upon notification of a change in ownership of a methadone medication assisted treatment for opioid use disorder addiction provider, the provider shall submit the DEA Form 223 Certificate of Registration, which shall be kept with the original DEA Certificate of Registration until the expiration date. The provider must submit proof of notification from SAMHSA based upon all other compliance actions. Upon receipt of the SAMHSA certification and DEA registration, the Department will issue the provider a license to provide methadone medication assisted treatment for opioid use disorder treatment.

(4) is redesignated (5) No change.

(6)(5) Inspections of Accredited Providers. In addition to conducting licensing inspections every three (3) years, the Department has the right to conduct inspections of accredited providers in accordance with Section 394.741(6) and 397.411, F.S., in cases where any of the following conditions exist:

(a) No change,

(b) The provider or component of the provider has not received or has not maintained accreditation as provided for in subsection (7) (6) of this rule;

(c) through (d) No change.

(7)(6) Determination of Accreditation. Providers shall submit a copy of the accreditation survey report to the Department annually. The Department shall review the report and confirm that accreditation has been awarded for the applicable components. If the survey report indicates that the provider or any components of the provider have been issued provisional or conditional accreditation, the Department shall conduct a licensing inspection as permitted in subsection (6) (5) of this rule.

Rulemaking Authority 397.321(5), 397.4014 FS. Law Implemented 397.321(6), 397.4014, 397.403, 397.407, 397.410, 397.4014, 397.411 FS. History–New 8-29-19, Amended 11-22-22. Amended ____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Courtney Smith

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shevaun L. Harris

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 29, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 27, 2023