The purpose of this rulemaking is to amend the existing rule to allow licensed facilities to hire direct service providers without the experience requirements as described within this section, if during their first 90 days of employment such direct ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Agency for Persons with Disabilities

RULE NO.:RULE TITLE:

65G-2.008Staffing Requirements

PURPOSE AND EFFECT: The purpose of this rulemaking is to amend the existing rule to allow licensed facilities to hire direct service providers without the experience requirements as described within this section, if during their first 90 days of employment such direct service providers are under the direct supervision of another direct service provider that possesses the required experience as described within this section.

SUBJECT AREA TO BE ADDRESSED: Qualifications for exception to experience requirements of direct service providers.

RULEMAKING AUTHORITY: 393.501, 393.067, FS.

LAW IMPLEMENTED: 393.0655, 393.067, FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Michele Lucas, Agency Clerk, Agency for Persons with Disabilities, 4030 Esplanade Way, Suite 335K, Tallahassee, Florida 32399, [phone], [e-mail].

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

65G-2.008 Staffing Requirements

"Prior to beginning employment, direct service providers must have at least one year experience in psychiatric, nursing or childcare setting or working with person with a developmental disability. Successfully completed college, vocational or technical training equal to 30 semester hours, 45 quarter hours, or 720 classroom hours in special education, mental health, counseling, guidance, social work or health and rehabilitative services can substitute for the required experience. Direct service providers hired by the licensee prior to the adoption date of this rule shall be exempt from this requirement. Licensees may allow direct service providers to begin their employment without the experience requirements described within this section if such direct service providers spend their first 90 days of employment working directly under the supervision or oversight of another direct service provider who does possess the required experience requirements. If such arrangements will be made for a direct service provider, the licensee shall provide written notification to the Regional Office, to include the name of the direct service provider and the facility in which he or she will be working, within five business days of the direct service provider’s employment.  The licensee shall conduct a performance evaluation of any direct service provider, working under this section’s exception to the experience requirement, within 120 days of his or her employment. Documentation of this performance evaluation shall be maintained within the personnel file of the direct service provider and made available to the Agency upon request. A violation of this paragraph shall constitute a Class III violation.”

Rulemaking authority 393.501, 393.067 FS. Law Implemented 393.0655, 393.067, FS. History-New 7-1-14, Amended_____.