Definitions, License Application and Renewal Procedures, Types of Licenses, Agency Monitoring and Oversight, License Violation, License Violations-Fines and Other Disciplinary Actions, Denial or Revocation, Licensed Capacity, General Standards, ...
DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Agency for Persons with Disabilities
RULE NOS.:RULE TITLES:
65G-2.001Definitions
65G-2.002License Application and Renewal Procedures
65G-2.003Types of Licenses
65G-2.0032Agency Monitoring and Oversight
65G-2.004License Violation
65G-2.0041License Violations-Fines and Other Disciplinary Actions
65G-2.005Denial or Revocation
65G-2.006Licensed Capacity
65G-2.007General Standards
65G-2.008Staff Qualifications and Training requirements
65G-2.009Resident Care and Supervision Standards
65G-2.010Fire and Emergency Procedures
65G-2.011Foster Care Facility Standards
65G-2.012Group Home Facility Standards
65G-2.013Residential Habilitation Center Standards
65G-2.014Comprehensive Transitional Education Program
65G-2.015Siting
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 40, No. 2, January 3, 2014 issue of the Florida Administrative Register.
65G-2.001 Definitions.
For the purposes of this chapter, the term:
(1) through (8) No change.
(9) “Direct Care Core Competency Training” means the training described and mandated by the Florida Medicaid Developmental Disabilities Waiver Services Coverage and Limitations Handbook, which is incorporated by reference in Rule 59G-13.083080, F.A.C.
(10) through (21) No change.
(22) “Repeat violation” means the re-occurrence of a violation of the same standard that occurs within 12 months.
(22) through (27) renumbered (23) through (28) No change.
(29) “Welfare” means care which promotes those rights enumerated in Section 393.13(3) and (4), F.S.
(30)(28) No change.
Rulemaking Authority 393.501(1), 393.067 FS. Law Implemented 393.067, 393.13 FS. History–New_________.
65G-2.002 License Application and Renewal Procedures.
(1) No change.
(2) APPLICATION. All applications for initial licensure as well licensure renewal must be submitted using Facility Application form APD 2014-01 (April 1, 2014) 2012-01 (July 2012) which is incorporated herein by reference. A copy of this form may be obtained by contacting the Regional office. The Agency shall review license applications in compliance with the requirements of section 120.60, Florida Statutes. A copy of the application may be obtained from the Regional office. The completed application must include the following documentation:
(a) A signed statement by the applicant that all staff have received the required training in accordance with Rule 65G-2.008, F.A.C.
(b) If the facility is located in a leased building or on leased property, a copy of the lease signed by the applicant and lessor. If the lease is scheduled to expire prior to the end of the license period, a written attestation from the owner or manager of the property of intent to continue the lease to encompass, at a minimum, the dates of the license period must be provided by the applicant to the Agency. If the lease contains provisions that would restrict the use of the building as a residential facility, a statement signed by the lessor explicitly permitting the use of the building and property as a residential facility must be provided by the applicant to the Agency.
(c) Documentation that the facility has been inspected by the local authority having jurisdiction over fire safety or by the State Fire Marshall and determined to be in compliance with applicable statutes and rules. If this documentation is unavailable due to no fault of the applicant, the applicant shall provide an explanation for the unavailability of this information in lieu of the inspection documentation.
(d) A copy of the facility’s written policy regarding sexual activity involving residents of the facility as required under Rule 65G-2.009, F.A.C.
(e) If the owner or operator of the facility is a corporation, a copy of the corporate charter on file with the Secretary of State.
(f) The name and address of the applicant, if an applicant is an individual; if the applicant is a firm, partnership, or association, the name and address of each member thereof; or, if the applicant is a corporation, its name and address and the name and address of each director and officer thereof.
(g) The name by which the facility or program is to be known.
(h) A signed affidavit disclosing any controlling entity of the applicant.
(i) A signed affidavit disclosing any financial or ownership interest that the controlling entity of the applicant has held in the last 5 years in any entity licensed by the State of Florida to provide residential care which has closed voluntarily or involuntarily, has filed for bankruptcy, has had a license denied, suspended, or revoked, or has had an injunction issued against it by a regulatory agency. The affidavit must disclose the reason each licensed entity was closed, and whether the closure was voluntary or involuntary.
(j) Copies of any known sanctions, fines, or recoupments related to the receipt or use of federal or state funds by all controlling entities of the applicant within the preceding twelve month period. These include the results of any investigations into Medicaid or Medicare fraud.
(k) A statement as to whether or not the applicant has ever previously applied for licensure by a state agency and been denied, whether the applicant has ever held a state license which was suspended or revoked, and whether an action, other than recoupment, has ever been taken against the applicant by a Medicaid or Medicare Program. If so, the applicant must disclose the reasons for the license denial, suspension or revocation and the reasons for the prior actions taken against the applicant by the Medicaid or Medicare Program, as applicable.
(l) Evidence of financial ability to operate the facility in accordance with this rule chapter for up to 60 days without dependence upon payment from the state or other third party fees from facility residents. Such evidence shall include bank account statements, pay stubs, documentation of a line of credit, or any other documents which would demonstrate the expected ability of the licensee to continue operations for that time period and under those conditions. A budget must also be submitted which clearly identifies and reflects projected expenditures and income based upon the number and type of residents which the facility anticipates serving.
(3) LICENSE RENEWALS. The licensee shall submit an application for license renewal to the Regional Office at least 45 days prior to the expiration of the prior license and shall include a true and accurate statement of the facility’s cost of providing supports and services to clients of the Agency for the previous year. The failure to submit a complete application which includes this statement at least 45 days prior to the expiration of the prior license shall be considered a Class III II violation. No fine shall be imposed if the renewal application is received between 30 and 45 days prior to expiration. The statement must include, at a minimum, the following:
(a) Rent, lease or home mortgage,
(b) Food,
(c) Utilities,
(d) Insurance,
(e) Maintenance and repairs,
(f) Equipment and furnishings,
(g) Basic Supervision, and
(h) Housekeeping.
(4) through (9) No change.
(10) Agency staff shall review applications for licensure using the following forms: Foster Care Facility Checklist APD 2014-03 (effective April 1, February 2014), Group Home Facility Checklist APD 2014-04 (effective April 1, February 2014), Residential Habilitation Center Checklist APD 2014-05 (effective April 1, February 2014), Comprehensive Transitional Education Program Checklist APD 2014-06 for (effective April 1, February 2014), and General Facility Checklist APD 2014-07 (effective April 1, February 2014), which are hereby incorporated by reference. These forms may be obtained from the Regional Office.
(11) If the applicant fails to submit a complete application prior to the expiration of the facility’s existing license, the application shall be considered an initial application rather than a renewal application.
Rulemaking Authority 393.501 FS. Law Implemented 393.0655, 393.067, 393.0673 FS. History–New_________.
65G-2.003 Length of Licenses.
The Agency shall determine the length of a facility’s license based on the following:
(1) A one year license shall be issued to facilities which meet all the criteria for a shorter applicable licensing criteria as described below.
(a) The issuance of a license does not constitute a waiver of any statutory or rule violations by the licensee and does not prevent the Agency from seeking administrative sanctions against the licensee for violations that occurred during the term of previous licenses for the same facility. The time period for a license shall not exceed one year.
(2)(b) Facilities with no current residents but which meet all applicable licensing standards shall be granted a one year license. However, such facilities shall have an on-site licensure review by the Regional Region Office within 30 days following the admission of their first resident to ensure that they are in compliance with the requirements of Chapter 393 and with the requirements of this rule chapter which could not be previously monitored.
(3)(2) A one month license shall be issued to facilities that are awaiting administrative actions by the Agency or another state agency in order to complete requirements for Agency licensing. This shall include facilities that are pursuing administrative or judicial appeals of Agency action and facilities which are pending a fire inspection. Subsequent and consecutive one month licenses shall be issued if the matter has not been resolved within the initial one month licensure period.
(3) through (4) renumbered (4) through (5) No change.
(6) The issuance of a license does not constitute a waiver of any statutory or rule violations by the licensee and does not prevent the Agency from seeking administrative sanctions against the licensee for violations that occurred during the term of previous licenses, up to a period of two years, for the same facility.
Rulemaking Authority 393.501(1), 393.067 FS. Law Implemented 393.067 FS. History–New 8-13-78, Formerly 10F-6.05, 10F-6.005, 65B-6.005, Amended_________.
65G-2.0032 Agency Monitoring and Oversight.
(1) The Agency shall conduct a survey of each facility prior to the issuance of an initial license or the renewal of an existing license. In addition, the Agency shall conduct ongoing surveys of each facility, either unannounced or announced, in order to ensure the facility is in full compliance with the applicable requirements of Chapter 393, F.S. and the administrative rules adopted pursuant to Chapter 393, F.S. For ongoing surveys, Agency staff shall utilize the Facility Inspection Form APD 2014-02 (effective April 1, February 2014), which is incorporated herein by reference. A copy of this form may be obtained from the Regional Office. The Agency may temporarily suspend surveys for a specific time or location if the Agency determines that:
(a) through (c) No change.
(2) No change.
(3) Licensees and facility employees must permit any Agency staff or designated agent of the State of Florida, who presents proper State of Florida-issued identification, to enter and inspect any part of any facility building or to inspect records relating to the operation of the facility or the provision of client care at any time that facility staff, management, owners, directors, or residents are present in the facility. A violation of this subsection shall constitute a Class II I violation.
Rulemaking Authority 393.501, 393.067 FS. Law Implemented 120.695, 393.067 FS. History–New_________.
65G-2.004 License Violations.
(1) NOTICE OF NONCOMPLIANCE. The Agency shall issue a notice of noncompliance as provided under Section 120.695, F.S., in response to the first occurrence of a Class II or III violation that is not corrected prior to the completion of the survey which revealed the aforementioned violation. Within 15 days following receipt of a Notice of Noncompliance, the licensee must submit a written corrective action plan, to the regional office. Failure to submit a corrective action plan within the required timeframe or repeat occurrences of Class II or III violations shall result in the imposition of disciplinary action as described in paragraph 65G-2.0041(4)(b) or (c), F.A.C a fine or other administrative action. For the purposes of this subsection, a first occurrence of a Class II or III violation refers to those violations which have not been previously observed and cited by Agency staff within the past 12 months.
(2) CORRECTIVE ACTION PLANS. The licensee must develop and submit to the Agency a corrective action plan within 15 days following the receipt of a Notice of Noncompliance. The corrective action plan shall specify the actions the facility will take to correct each of the violations identified and to comply with the applicable licensing requirements, the name of the staff person(s) responsible for completing each action, and a timeframe for accomplishing each action. All action taken to correct a violation shall be documented in writing by the licensee. Failure to comply with the corrective action plan shall result in the imposition of disciplinary action as described in paragraph 65G-2.0041(4)(b) or (c), F.A.C a fine or other administrative action. The Agency shall reject any corrective action plan that fails to identify all of the information described above or that fails to provide a reasonable timeframe for correcting the violations. If the Agency rejects a A rejected corrective action plan must be submitted to the Agency shall notify the licensee in writing of the reasons for rejection and shall state that the licensee has within 10 days from following the receipt of the notification to submit an amended corrective action plan of rejection.
(3) No change.
(4) OTHER ACTIONS. The issuance of a Notice of Noncompliance, a request for a corrective action plan, nonrenewal letter, or administrative complaint does not preclude the Agency from concurrently pursuing administrative sanctions for violations not identified in the prior notice, corrective action plan, nonrenewal letter or administrative complaint. These sanctions may include a moratorium on admissions, license suspension, license revocation, or license non-renewal, as appropriate. Additional or repeat violations by a licensee or applicant shall also result in the imposition of more severe sanctions than for first time violations.
(5) VOLUNTARY RELINQUISHMENT AND LICENSE EXPIRATION.
(a) The voluntary relinquishment of a license that is pending administrative sanctions shall be considered an admission of the allegations stated in the agency’s administrative complaint, or nonrenewal letter.
(4)(b) RELINQUISHMENT AND LICENSE EXPIRATION.
The expiration or relinquishment of a license that is pending administrative sanctions does not render the administrative sanctions moot. The Agency may continue to seek administrative sanctions against a licensee for violations that occurred during a licensee’s management or oversight of a facility even if the licensee ceases to own or lease the facility, operate the facility, or provide services in the facility after the violations have occurred.
Rulemaking Authority 393.501(1), 393.067, 393.0673 FS. Law Implemented 120.695, 393.067, 393.0673 FS. History–New_________.
(Substantial rewording of Proposed Rule 65G-2.0041 follows. See Notice of Proposed Rule for present text.)
65G-2.0041 License Violations – Disciplinary Actions.
(1) DETERMINATION OF DISCIPLINARY ACTION INVOLVING ABUSE, NEGLECT, OR EXPLOITATION. In determining whether to pursue disciplinary action in response to verified findings by the Department of Children and Families of abuse, neglect, or exploitation involving the licensee or direct service providers rendering services on behalf of the licensee, the Agency will consider the licensee’s corrective action plan and other actions taken to safeguard the health, safety, and welfare of residents upon discovery of the violation. Considerations shall include the following:
(a) Whether the licensee properly trained and screened, in compliance with Section 393.0655, F.S., the staff member(s) responsible for the violation;
(b) Whether, upon discovery, the licensee immediately reported any allegations or suspicions of abuse, neglect, or exploitation to both the Florida Abuse Hotline as well as the Agency;
(c) Whether the licensee fully cooperated with all investigations of the violation;
(d) Whether the licensee took immediate and appropriate actions necessary to safeguard the health, safety and welfare of residents during and after any investigations.
(e) Whether the occurrence is a repeat violation and the nature of such violation.
(f) The specific facts and circumstances before, during, and after the violation.
(2) FACTORS CONSIDERED WHEN DETERMINING SANCTIONS TO BE IMPOSED FOR A VIOLATION. The Agency shall consider the following factors when determining the sanctions for a violation:
(a) The gravity of the violation, including whether the incident involved the abuse, neglect, exploitation, abandonment, death, or serious physical or mental injury of a resident, whether death or serious physical or mental injury could have resulted from the violation, and whether the violation has resulted in permanent or irrevocable injuries, damage to property, or loss of property or client funds
(b) The actions already taken or being taken by the licensee to correct the violations, or the lack of remedial action,
(c) The types, dates, and frequency of previous violations and whether the violation is a repeat violation,
(d) The number of residents served by the facility and the number of residents affected or put at risk by the violation,
(e) Whether the licensee willfully committed the violation, was aware of the violation, was willfully ignorant of the violation, or attempted to conceal the violation,
(f) The licensee’s cooperation with investigating authorities, including the Agency, the Department of Children and Families, or law enforcement,
(g) The length of time the violation has existed within the home without being addressed, and
(h) The extent to which the licensee was aware of the violation.
(3) ADDITIONAL CONSIDERATIONS FOR CLASS I VIOLATIONS, REPEATED VIOLATIONS OR FOR VIOLATIONS THAT HAVE NOT BEEN CORRECTED.
(a) Subject to the provisions of subsection 65G-2.0041(1), F.A.C., in response to a Class I violation, the Agency may either file an Administrative Complaint against the licensee or deny the licensee’s application for renewal of licensure.
(b) A second Class I violation, occurring within 12 months from the date in which a Final Order was entered for an Administrative Complaint pertaining to that same violation, shall result in the imposition of a fine of $1000 per day per violation, revocation, denial or suspension of the license, or the imposition of a moratorium on new resident admissions.
(c) The intentional misrepresentation, by a licensee or by the supervisory staff of a licensee, of the remedial actions taken to correct a Class I violation shall constitute a Class I violation. The intentional misrepresentation, by a licensee or by the supervisory staff of a licensee, of the remedial actions taken to correct a Class II violation shall constitute a Class II violation. The intentional misrepresentation, by a licensee or by the supervisory staff of a licensee, of the remedial actions taken to correct a Class III violation shall constitute a Class III violation.
(d) Failure to complete corrective action within the designated timeframes may result in revocation or non-renewal of the facility’s license.
(4) SANCTIONS. Fines shall be imposed, pursuant to a final order of the Agency, according to the following three-tiered classification system for the violation of facility standards as provided by law or administrative rule. Each day a violation occurs or continues to occur constitutes a separate violation and is subject to a separate and additional sanction. Violations shall be classified according to the following criteria:
(a) Class I statutory or rule violations are violations that cause or pose an immediate threat of death or serious harm to the health, safety or welfare of a resident and which require immediate correction.
1. Class I violations include all instances where the Department of Children and Families has verified that the licensee is responsible for , abuse, neglect, or abandonment of a child or abuse, neglect or exploitation of a vulnerable adult. For purposes of this subparagraph, a licensee is responsible for the action or inaction of a covered person resulting in abuse, neglect, exploitation or abandonment when the facts and circumstances show that the covered person’s action, or failure to act, was at the direction of the licensee, or with the knowledge of the licensee, or under circumstances where a reasonable person in the licensees’ position should have known that the covered person’s action, or failure to act, would result in abuse, neglect, abandonment or exploitation of a resident.
2. Class I violations may be penalized by a moratorium on admissions, by the suspension, denial or revocation of the license, by the nonrenewal of licensure, or by a fine of up to $1,000 dollars per day per violation. Administrative sanctions may be levied notwithstanding remedial actions taken by the licensee after a Class I violation has occurred.
3. All Class I violations must be abated or corrected immediately after any covered person acting on behalf of the licensee becomes aware of the violation other than the covered person who caused or committed the violation.
(b) Class II violations are violations that do not pose an immediate threat to the health, safety or welfare of a resident, but could reasonably be expected to cause harm if not corrected. Class II violations include statutory or rule violations related to the operation and maintenance of a facility or to the personal care of residents which the Agency determines directly threaten the physical or emotional health, safety, or security of facility residents, other than Class I violations.
1. Class II violations may be penalized by a fine of up to $500 dollars per day per violation.
If four or more Class II violations occur within a one year time period, the Agency may seek the suspension or revocation of the facility’s license, nonrenewal of licensure, or a moratorium on admissions to the facility.
2. A fine may be levied notwithstanding the correction of the violation during the survey if the violation is a repeat Class II violation.
(c) Class III violations are statutory or rule violations related to the operation and maintenance of the facility or to the personal care of residents, other than Class I or Class II violations.
1. Class III violations may be penalized by a fine of up to $100 dollars per day for each violation.
2. A repeat Class III violation previously cited in a notice of noncompliance may incur a fine even if the violation is corrected before the Agency completes its survey of the facility.
3. If twenty or more Class III violations occur within a one year time period, the Agency may seek the suspension or revocation of the facility’s license, nonrenewal of licensure, or moratorium on admissions to the facility.
(d) The aggregate amount of any fine imposed pursuant to this section shall not exceed $10,000.
Rulemaking Authority 393.501(1), 393.067, 393.0673 FS. Law Implemented 393.067, 393.0673 FS. History–New__________.
65G-2.005 License Denial, Suspension, or Revocation.
(1) through (2) No change.
(3) If applicant fails to submit a complete application prior to the expiration of the facility’s existing license, the application shall be considered an initial application rather than a renewal application.
(4) Administrative sanctions may be sought pursuant to Section 393.0673, Florida Statutes, and this rule chapter, if the licensee or applicant:
(a) Fails to comply with the rules of this chapter or the licensing provisions of Chapter 393, Florida Statutes,
(b) Fails to comply with any limitations on the number or type of residents that may be served by the facility,
(c) Fails to submit or comply with a corrective action plan within the required timeframe,
(d) Fails to pay fines imposed by the Agency within the required timeframe, or
(e) Misrepresents the actions taken to correct a violation.
Rulemaking Authority 393.501(1), 393.067, 393.0673 FS. Law Implemented 393.067, 393.673 FS. History–New 8-13-78, Formerly 10F-6.03, 10F-6.003, 65B-6.003, Amended__________.
65G-2.006 Licensed Capacity.
(1) No change.
(2) The maximum number of residents who may be served by a facility shall be reassessed annually as part of the license renewal process. The Agency reserves the right to decrease the licensed capacity of a facility based upon an annual review of the individual needs of each client or resident, the level of active and appropriate supervision, and the background, experience, and skill of the direct service providers. The Agency shall may also consider incident reports and violations that occurred or were identified during the current or preceding licensure year, which could be reasonably attributable to the number of residents served by the facility.
(6). No change.
(7) Exceeding a facility’s maximum authorized capacity or housing a resident type not authorized for the facility shall constitute a Class III I violation.
Rulemaking Authority 393.501(1), 393.067 FS. Law Implemented 393.067 FS. History–New 8-13-78, Formerly 10F-6.02, 10F-6.002. 65B-6.002, Amended_________.
65G-2.007 General Facility Standards.
(1) No change.
(2) FACILITY AND SITE REQUIREMENTS.
(a) through (d) No change.
(e) The facility shall provide safe and sanitary housing. Floors, walls, ceilings, windows, doors, and all parts of the structures shall be of sound construction, properly maintained, in working order easily cleanable, and kept clean as necessary to ensure the health and safety of the facility’s residents.
(f) All interior doors with locks shall be readily opened from the inside of the room.
(g) Exterior doors may utilize delayed egress systems provided such systems meet all of the following conditions:
1. Egress is prevented for a maximum of 30 seconds;
2. Approval of the system by the local authority having jurisdiction over fire safety or the State Fire Marshall.
3. Locks are automatically disengaged in the event of a fire, power outage, or activation of the fire alarm.
(f) renumbered (h) No change.
(3) through (4) No change.
(5) BEDROOMS.
(a) Bedrooms shall be arranged so that resident privacy is assured. Bedroom doors shall not have vision panels except as may be necessary for residents who require visual supervision due to documented behavioral or medical issues. Direct access to a resident’s bedroom from a common area is required. Sole access to a resident’s bedroom shall not be through a bathroom or other bedroom. A violation of this paragraph shall constitute a Class II violation.
(b) through (i) No change.
(j) With the exception of paragraph (a), A a violation of this subsection shall constitute a Class III violation.
(6) through (7) No change.
(8) HEATING AND COOLING.
(a) Indoor temperature shall be maintained within a range of 68 degrees to 80 degrees, as appropriate for the climate. Temperatures exceeding this range by more than 2 degrees but less than 5 degrees constitute a Class III violation. Temperatures exceeding this range by 5 degrees or more constitute a Class II violation.
(b) The heating apparatus employed shall not constitute a burn hazard to the residents. Violation of this paragraph constitutes a Class II violation.
(c) There shall be no discernible differences between the temperature and humidity of areas within the facility that are used by staff and those areas used by the residents, unless such differences are based on documented resident need or preference. A violation of this paragraph subsection shall constitute a Class III I violation.
(d) Temperature variances due to a natural disaster, power outages outside of the licensee’s control, or equipment failures that are being repaired in a timely manner that will not endanger the facility’s residents shall not be considered violations of this subsection.
(9) through (10). No change.
(11) MEAL SERVICES. Unless contraindicated by documented medical, behavioral, or dietary requirements for individual residents, the following meal service standards shall apply to all facilities:
(a) through (b) No change.
(c)Dining and serving arrangements shall provide for a variety of eating experiences and the opportunity for residents to make food selections with guidance. Except when prevented by health reasons or by physical or programmatic limitations specific to the eating process, all residents shall be given the opportunity to eat with staff and other members of the household.
(d) No change.
(e) Menus shall be planned and written, and dated at least two days in advance of consumption. Menus, as served, shall be kept on file for a minimum of one month. Client participation in meal planning is recommended but not required shall be encouraged.
(f) When food services are not supervised by a nutritionist, a dietician must be consulted at least annually. In addition, a facility shall consult with a registered dietician upon Agency request to ensure that the meals being served appropriately meet the needs of the residents. Documentation of such consultation and a summary of the dietician’s recommendation shall be submitted to the Regional office. A violation of this paragraph shall constitute a Class II violation.
(g) through (h) No change.
(12) SAFETY REQUIREMENTS.
(a) through (d). No change.
(e) The facility shall provide fencing of at least four feet in height in areas identified by the Agency as hazardous. A hazardous area is that area designated as such by Agency staff at the time of initial licensure. In determining the hazardous area, Agency staff shall consult with the licensee and consider the needs and characteristics of the residents of the facility. A violation of this paragraph shall constitute a Class III violation. Where appropriate, the facility shall provide adequate fencing against surrounding hazardous areas.
(f) With the exception of paragraph (e), a violation of this subsection shall constitute a Class I violation.
(13) WATER HAZARDS.
(a) No change.
(b) Residents who are not proficient swimmers shall not be allowed in pools or other bodies of water without wearing a life jacket or approved flotation device, unless engaged in swimming lessons or while and under the supervision of a responsible adult capable of assisting with swimming-related emergencies.
(c) through (f). No change.
(h) renumbered (g) No change.
(14) through (17) No change.
(18) FORECLOSURES AND EVICTIONS.
(a) Licensees must provide notification to the Regional Agency office within two business days of receipt of a foreclosure notice involving the property at which the license is maintained.
(b) Licensees must notify the Regional Office within 24 hours upon the receipt of a Notice of Eviction involving the property at which the license is maintained.
(c) A violation of paragraph (a) of this subsection shall constitute a Class II violation. A violation of paragraph (b) of this subsection shall constitute a Class I violation.
(19) ACCOUNTABILITY FOR RESIDENTIAL FACILTIES. The licensee bears liability for the safe custody of all residents in the facility’s care and for the treatment of the facility’s employees. The Agency bears no liability for actions brought against the licensee or its employees, including:
(a) Tort actions for damage to property or person.
(b) Payment of payroll-related costs such as workers’ compensation, withholding taxes, fair employment practices and unemployment insurance.
(20) through (21) renumbered (19) through (20) No change.
(22) BILLING FOR SERVICES. A licensee or applicant shall not bill the Agency for services rendered to Agency clients unless those services were provided in accordance with the Agency’s contractual standards and requirements.
Rulemaking Authority 393.501(1), 393.067, 393.13(5) FS. Law Implemented 393.067 FS. History–New 8-13-78, Formerly 10F-6.08, 10F-6.008, 65B-6.008, Amended________.
65G-2.008 Staffing Requirements.
(1) The licensee, regardless of the type of entity, is responsible for assuring that facility residents are provided appropriate physical care, supervision, training and support for each resident’s individual needs and to assure that each resident is safe from abuse, sexual abuse, neglect, exploitation, or abandonment. A violation of this subsection shall constitute a Class I violation.
(1)(2) The licensee shall employ adequate staff to maintain the facility in a manner that promotes and ensures the health, safety, and welfare of residents, and protects those who are not residents of the facility from any known dangerous behaviors that the residents exhibit. A violation of this subsection shall constitute a Class I violation.
(a) The appropriate number and type of staff employed by the licensee is dependent upon a number of factors including state and/or federal requirements, court orders, the number of residents and their unique service requirements, the competency, training, and education of staff, and the range of services offered. At a minimum, the licensee shall maintain the staffing pattern delineated and described on its most recent application for licensure. A violation of this paragraph shall constitute a Class II I violation.
(b) No change.
(c) Direct service providers shall not be under the influence of alcoholic beverages or illegal controlled substances to the extent their normal faculties are impaired intoxicated or under the influence of illegal substances while providing care, support, supervision, or services to residents. For purposes of this paragraph “normal faculties” include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of daily life. A violation of this paragraph shall constitute a Class I violation.
(d) Direct service providers shall be at least 18 years of age. A violation of this paragraph shall constitute a Class III I violation.
(e) Direct service providers must have at least a high school diploma or equivalent. When determining the equivalency of high school diplomas, providers may accept official transcripts, affidavits from educational institutions, and other formal or legal documents that can be reasonably used to determine educational background. Direct service providers who have been hired using the best judgment of the licensee prior to the date of this rule revision are exempt from this education-related documentation screening requirement. A violation of this paragraph shall constitute a Class III II violation.
(f) Prior to beginning employment, direct service providers must have at least one year of experience in a medical, psychiatric, nursing or childcare setting or working with persons 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. A violation of this paragraph shall constitute a Class III II violation.
(g) No change.
(h) Direct service providers must be mentally competent to comprehend, comply with, and implement all requirements provided by law and Agency rule for the provision of services rendered to residents of their facilities. In addition, they must be physically capable of performing duties for which they are responsible of suitable physical, emotional, intellectual and mental ability to care for the residents they serve. A violation of this paragraph shall constitute a Class II I violation.
(2)(3) The licensee must comply All direct service providers must be in compliance with the screening requirements established in Section 393.0655, F.S. and Chapter 435, F.S. Direct service providers must notify the licensee immediately if they have been arrested, charged with a crime, or convicted of a crime. Such notification shall be maintained within the direct service provider’s personnel file. A violation of this subsection shall constitute a Class I violation.
(3)(4) Licensees are responsible for assuring that all direct service providers who transport clients have a valid driver’s license. Direct service providers who are responsible for transporting clients shall not possess driving violations, committed within the past three years, which relate to driving under the influence of alcohol or drugs or any other moving violation(s) which resulted in the suspension or revocation of that direct service provider’s license. Direct service providers must obey all traffic laws while transporting residents. Direct service providers who transport clients must report any suspensions or revocations of their driver’s licenses to the licensee immediately following those actions. Such information shall be maintained within the direct service provider’s personnel file. A violation of this subsection shall constitute a Class III II violation.
(5) renumbered (4) No change.
(6) renumbered (5) No change.
(a) No change.
(b) This subsection paragraph is only applicable in situations where the licensee has been made aware of the aforementioned investigation.
(c) No change.
(7) renumbered (6) No change.
(a) through (b) No change.
(c) Separate personnel records for each full and part-time employee that contain, at a minimum, written documentation of the employees’ education, qualifications experience, references, background screening, staff training participation, and any disciplinary action taken against the employee; and
(d) through (e) No change.
(7)(8) Staff Training Requirements. Written documentation of all required staff training must be maintained by the licensee for at least a three years following the receipt of such training and be made available to the Agency upon request.
(a) No change.
(b) All direct service providers hired to work in licensed residential facilities subsequent to the date of this rule revision must complete the Agency’s Zero Tolerance training curriculum on the detection, prevention, and reporting of abuse, neglect, and exploitation prior to providing direct services. The Zero Tolerance curriculum consists of the Zero Tolerance Classroom Participant’s Manual, the Zero Tolerance Facilitator’s Guide and the Zero Tolerance Overheads Power Point which are hereby incorporated by reference. A copy of the Zero Tolerance curriculum materials may be obtained from the Agency’ Central Office. In addition, all direct service providers must complete a refresher Zero Tolerance training course every three years. Staff must be able to successfully demonstrate their knowledge of required abuse reporting procedures both in theory and in practice.
(c) All direct service providers must complete a basic first aid course, including instruction in the abdominal thrust Heimlich maneuver and cardio-pulmonary resuscitation (CPR), and shall maintain a current certification in CPR within 90 days of prior to providing direct services. On-line or computer-based courses are not acceptable for meeting this requirement; such training must be provided in a classroom setting by a certified trainer. Facilities shall ensure there is always at least one direct service provider with current CPR certification on-site when residents are present.
(d) All staff must complete an educational course on HIV/AIDS, within 90 60 days of providing direct services employment.
(e) No change.
(f) A violation of this subsection shall constitute a Class III II violation.
Rulemaking Authority 393.501(1), 393.067 FS. Law Implemented 393.063, 393.0655, 393.13, 393.067 FS. History–New_________.
65G-2.009 Resident Care and Supervision Standards.
(1) MINIMUM STANDARDS. Residential facility services shall ensure the health and safety of the residents and shall also address the provision of appropriate physical care, and supervision, and the support necessary to ensure that each individual be afforded the opportunity for personal growth and development.
(a) through (c) No change.
(d) The facility shall adhere to and protect resident rights and freedoms in accordance with the Bill of Rights of Persons with Developmental Disabilities, as provided in Section 393.13, F.S. Violations of Section 393.13(3)(a), F.S. relating to humane care, abuse, sexual abuse, neglect, or exploitation and all violations of Section 393.13(3)(g), F.S., shall constitute a Class I violation. All other violations of Section 393.13(3) shall constitute Class III violations. All violations of Section 393.13(4)(c)1. and 2., (f), and (g), F.S. shall constitute Class I violations. All violations of Section 393.13(4)(h), F.S. shall constitute Class II violations. All other violations of Section 393.13(4), F.S. shall constitute Class III violations. A violation of the Bill of Rights of Persons with Disabilities shall constitute a Class I violation.
(e) The placement of a resident within a facility shall not be construed as a termination or restriction of the rights and responsibilities of the parents or guardians. Although not required, it is recommended that pParents, guardians, and other responsible persons shall be encouraged to organize as volunteers for the purpose of promoting the welfare of the residents.
(f) Licensees are responsible for compliance with the requirements of Section 393.13(4)(c), Florida Statutes. A violation of this paragraph shall constitute a Class I violation.
(f)(g)1. Within the scope of the licensee’s responsibility for care and supervision of residents, the licensee shall ensure that there is appropriate action taken for a resident’s essential care following a resident’s medical, dental, therapy or other health care-related appointments to include scheduling additional appointments for residents, or assisting residents in scheduling their own appointments, as well as appropriate training of staff on changes in medication or dietary regimens, positioning of residents, utilization of specialized equipment, or any other area which has changed subsequent to any such appointments that would be within the purview and authority of the licensee to accomplish. A violation of this paragraph shall constitute a Class I violation. As used in this paragraph “essential care” refers to care and follow-up measures that are medically necessary or directed by a treating physician or health care practitioner for the purpose of continuing an ongoing course of treatment of, or therapy for, a resident’s illness, injury, medical condition or diagnosis until such time as such care and follow-up measures are no longer directed or recommended by the physician or health care practitioner. A violation of this paragraph shall constitute a Class I violation.
2. Within the scope of the licensee’s responsibility for care and supervision of residents, the licensee shall ensure that there is appropriate action taken for a resident’s routine or preventive care following a resident’s medical, dental, therapy or other health care-related appointments to include scheduling additional appointments for residents, or assisting residents in scheduling their own appointments. As used in this paragraph “routine or preventive” means care other than essential care such as routine examinations, annual check-ups, or preventive screenings and dental care and cleanings. A violation of this paragraph shall constitute a Class II violation.
(g) Except as otherwise provided, a violation of this subsection shall constitute a Class II violation.
(i) With the exception of paragraphs (e), (g), and (h), a violation of this subsection shall constitute a Class II violation.
(2) COMMUNITY RELATIONSHIP AND RECREATIONAL ACTIVITIES. Facilities shall encourage understanding and support by, and integration with, the community, such as by establishing cooperative agreements with clinics, park departments, volunteer organizations, and similar community resources. provide opportunities for residents to participate in community activities. A violation of this subsection shall constitute a Class III violation.
(3) TRANSFER AND PLACEMENT OF CLIENTS.
(a) The licensee shall have written criteria and procedures in place for the admission or termination of residential services for clients; termination procedures must be consistent with Chapter 65G-3, F.A.C. A violation of this paragraph shall constitute a Class II violation.
(b) The facility shall not serve residents unless it can meet their specific programmatic and physical accessibility needs. The facility must be capable of effectively and safely meeting the needs of all facility residents accepted for placement. The licensee shall ensure that the placement of new residents within the facility does not adversely affect the health, safety, or welfare of existing facility residents. The licensee must obtain the Agency’s approval prior to any proposed placement that would deviate from the criteria specified on the facility's application for licensure. The licensee shall notify the Agency and provide descriptive information on the prospective resident if the proposed placement involves an individual who is not a client of the Agency. A violation of this paragraph shall constitute a Class I violation.
(c) Prior to a proposed transfer of a client from one licensed facility to another, the licensee shall discuss the transfer and reasons for transfer with the client, the client’s authorized representative (if one has been appointed), support coordinator, the Agency, and other involved service providers, as appropriate. A violation of this paragraph shall constitute a Class II violation.
(d) A licensee who operates, administers, or manages more than one foster care facility, group home facility or residential habilitation center facility must receive approval from the Agency prior to transferring a client from one of its licensed facilities to another of its licensed facilities. Prior approval shall not be required in the event of an emergency in which there is a substantial probability that the health or safety of the client would be jeopardized in the absence of immediate relocation. Agency approval or notification is not required Wwhen a client is transferred within a single to the intensive treatment and educational center of a comprehensive transitional education program (CTEP). from a CTEP that does not include such a center within its facility, the CTEP shall notify the Agency within two business days after the transfer. A violation of this paragraph shall constitute a Class II violation.
(e) When a client is moved to a new residential setting, the licensee shall provide any personal belongings of the client to the client or the client’s authorized representative. The property inventory list completed in accordance with paragraph (g) below shall be referenced in order to account for all items. A violation of this paragraph shall constitute a Class II violation.
(f) No change.
1. through 3. No change.
4. A violation of this paragraph shall constitute a Class II violation.
(g) Upon placement, an itemized property inventory list accounting for the client’s records, personal funds, serviceable clothing, and any other personal belongings shall be completed and signed by the licensee and the client or the client’s authorized representative. This inventory record shall be updated within 30 days to reflect the acquisition of new items and reflect items that have been discarded, except that new and discarded articles of clothing are not required to be continually inventoried. A violation of this paragraph shall constitute a Class III violation.
(h) Facilities that plan to use facility staff to take clients of the Agency out of Florida overnight shall provide prior notification to the Agency. A violation of this paragraph shall constitute a class II violation.
(i) The licensee shall cooperate and assist the Agency, the client’s support coordinator, and the client’s authorized representative in ensuring a smooth discharge of clients to other facilities or residential settings. Within 30 days, unless otherwise approved by the Agency, tThe licensee shall ensure the timely transfer of all personal funds, medications, records, and possessions of the resident in the providers possession to the Agency, the client’s support coordinator, the client’s authorized representative, or the receiving facility, as applicable. A violation of this paragraph shall constitute a Class II violation.
(j) A violation of this subsection shall constitute a Class III violation.
(4) No change.
(a) through (e) No change.
(f) Each licensee must maintain this client accounting information on Agency form APD 2014-09 (effective April 1, February 2014) which is incorporated herein by reference, or in an alternative format that includes all required information contained in the form and tracks all of the information required in paragraph 65G-2.009(4)(e), F.A.C. A copy of this form may be obtained from the Regional Office. The client accounting records shall be kept on the premises or maintained electronically and in a central location. Relevant current financial information, such as the account balance and a supply of funds, shall be maintained and secured in each home to allow for purchases and other client or guardian-authorized uses of resident funds. All records shall be made available, as requested by Agency staff, for inspection and monitoring purposes.
(g) No change.
(5) No change.
(a) No change.
(b) No change.
1. through 6. No change.
7. If applicable, a copy of the client's current support plan and service authorization, as supplied by the client’s support coordinator, and any other applicable service plans such as an implementation plan, an Individual Education Plan, etc; or behavior plan.
8. through 9. No change.
(c) through (e) No change.
(6) RESIDENT SUPERVISION.
(a) No change.
(b) At least one staff person must be present at all times while clients are in the facility. The only exception would be if the licensee prepares a written plan proposing that a specified client be left alone for limited periods of time during the day or night. Such plans must be approved by the Regional Area Office prior to implementation. In granting plan approval, the Agency shall consider the needs, characteristics, and abilities of the resident and the proposed circumstances under which the resident will be left alone. Non-compliance with the approved plans may result in the imposition of administrative fines, the suspension or revocation of such plans, or other administrative actions as appropriate.
(c) No change.
(7) VIDEO MONITORING.
(a) through (d) No change.
(e)(f) The Agency reserves the right to preclude, restrict, or suspend a facility’s authority to conduct video monitoring pursuant to this subsection at any time if the Agency determines that any of the provisions of this subsection or of Section 393.13, F.S. have been violated.
(g) renumbered (f) No change.
(8) BEHAVIORAL INTERVENTIONS AND RESPONSES TO BEHAVIORAL ISSUES INVOLVING RESIDENTS.
(a) The facility shall have a written statement of policies and procedures in place governing actions that may be taken by direct service providers to help prevent or respond to problematic behaviors exhibited by residents. Such policies and procedures, as well as any actions taken by direct service providers involving residents of the facility, shall include emergency procedures, reporting requirements, and be consistent with the provisions of Section 393.13, F.S. as well as Chapters 65G-4 and 65G-8, F.A.C. A violation of this paragraph shall constitute a Class II violation.
(b) The facility shall take all reasonable precautions to assure that no client is exposed to, or instigates, such behavior as might be physically or emotionally injurious to him/herself or to another person.
(b)(c) Direct service providers shall be trained in responding to serious and spontaneous behavioral incidents requiring emergency intervention procedures. A violation of this paragraph shall constitute a Class II violation.
(c)(d) Emergency intervention procedures that use restraint or seclusion, or cause physical discomfort require approval from the Local Review Committee prior to implementation. A violation of this paragraph shall constitute a Class II violation. The following responses are strictly forbidden:
(d) The following responses are strictly forbidden:
1. Physical or corporal punishment that includes but is not limited to hitting, slapping, smacking, pinching, paddling, pulling hair, pushing or shoving residents.;
2. The use of noxious substances, which include painful or aversive stimuli used to control behavior such as pepper on tongue, squirt of lemon juice, ammonia inhalants, or electric shock.;
3. Verbal abuse such as cursing at residents, using slurs or derogatory names, or screaming.; or
4. Humiliation, such as keeping a resident in wet or soiled clothing or diapers, making the resident stand in front of others to be ridiculed, or making the resident wear a sign or dunce cap, placing residents in dark or locked time-out rooms.
(d) A violation of this paragraph subsection shall constitute a Class I violation.
(9) SEXUAL ACTIVITY.
(a) No change.
(b) The licensee shall provide direct service providers with training regarding the licensee’s policy regarding sexual activity involving residents of the facility this policy. The policy shall address appropriate physical boundaries and standards among direct service providers and residents and must include provisions that address the following elements:
1. through 2. No change.
3. Direct service providers and residents must respect personal space, such as knocking before entering a bedroom except as may be necessary for residents who require visual supervision due to documented behavioral or medical issues. A violation of this subparagraph constitutes a Class III violation.
4. through 5. No change.
6. A provision which permits dDirect service providers to may assist or supervise residents while the resident bathes, showers, or toilets, if the resident requires assistance or supervision, and which prohibits staff from bathing, showering, or toileting but may not bathe, shower or toilet simultaneously with the resident under any circumstances;
7. Guidelines Reasonable guidelines shall be established concerning the level and type of supervision required for residents and all direct service providers shall be familiar with such guidelines;
8. Open The licensee shall encourage, model and support open communication among residents and direct service providers about events occurring in the facility in order to encourage reporting of incidents of inappropriate sexual behavior.
(c) The following safeguards shall be implemented in any facility which serves one or more sexually aggressive residents who have a history of sexual aggression:
1. No change.
2. Newly placed sexually aggressive residents with a documented history of sexual aggression shall be provided visual supervision at all times the resident is awake during the resident’s first twenty-four (24) hours in the facility.
3. A sexually aggressive resident with a documented history of sexual aggression must not be allowed to share a bedroom with another resident without Agency approval. Such approvals shall take into consideration the licensee’s plan to assure supervision sufficient to ensure the safety of residents under any circumstances.
4. Known sexually aggressive rResidents who are minors and known to be sexually aggressive shall never be left alone with other residents in a bedroom or bathroom behind closed doors. Only one resident may use the bathroom at any time that the bathroom door is closed; and
5. No change.
(d) Except as otherwise provided, a A violation of this subsection shall constitute a Class I violation.
(10) SOLICITATION ACTIVITIES. The licensee must have the written permission of the client, if competent, or the client’s authorized representative prior to using the client, the client’s name, picture, or disability for the purpose of securing donations. A violation of this subsection shall constitute a Class III I violation.
(11) FIRST AID. The facility shall have on the premises an American Red Cross-approved first aid kit. The first aid kit shall be maintained in places known to and readily available to all direct service providers. Potentially toxic materials contained within first aid kits should be stored in a manner which does not pose a risk to residents. A violation of this subsection shall constitute a Class III I violation.
(12) MEDICATION.
(a) through (d) No change.
(e) The licensee must maintain an up-to-date and accurate daily record of prescription and/or nonprescription medication administered to clients in accordance with the provisions of Chapter 65G-7, F.A.C.
(f) The administration of medication to residents, as well as the documentation of administration of such medication, medication storage, and error reporting shall be performed in accordance with Sections 393.13 and 393.506, F.S., Chapter 65G-7, F.A.C., and this rule chapter.
(g)(f) If the licensee or a direct service provider observes or receives reports from other individuals that a client may have experienced an adverse reaction to an administered medication, such information must be conveyed immediately to either the prescribing physician or the licensed medical professional employed by the licensee who has been charged with the responsibility of securing appropriate medical treatment for residents with health-related issues or concerns. If either the prescribing physician or medical professional employed by the licensee is unable to be reached, facility staff shall immediately seek medical attention for the resident. A violation of this paragraph shall constitute a Class I violation.
(h)(g) With the exception of paragraphs (a) and (g)(f), a violation of this subsection shall constitute a Class II violation.
(13) through (15) No change.
Rulemaking Authority 393.501(1), 393.067, 393.506 FS. Law Implemented 393.067, 393.13, 393.135, 393.506 FS. History–New________.
65G-2.010 Fire and Emergency Procedures.
(1) At a minimum, direct service providers shall take all reasonable precautions to assure that no person living in the facility is placed at immediate risk from, or engages in, behaviors that are likely to cause physical or emotional harm to any person. Serious illness, accident, injury, death, or assault must be treated as an emergency. A violation of this subsection shall constitute a Class I violation.
(1)(2) EMERGENCY STANDARDS
(a) No change.
(b) No change.
1. through 4. No change.
5. Support Coordinator for each client
6.5. Regional Agency Region Office;
7.6. Emergency Agency on-call number, as assigned by the Regional Region Office;
7. through 8. renumbered 8. through 9. No change.
(c) No change.
(2)(3) FIRE SAFETY STANDARDS. The local authority having jurisdiction over fire safety or the State Fire Marshall shall be requested to annually inspect the facility for compliance with Chapter 69A-38, F.A.C., as applicable. Dates and results of required monthly fire drills (i.e., time of day, points of exit used, evacuation time, and signature of person conducting the drill) shall be recorded and maintained for one year following the date of the drills. Required monthly fire drills shall not be conducted between the hours of midnight and 5:00 AM. Area Regional Office employees shall be afforded the opportunity to observe monthly fire drills in order to verify the effectiveness and efficiency of evacuations. A violation of this subsection shall constitute a Class III II violation.
(3)(4) EMERGENCY MANAGEMENT PLANS
(a) EMERGENCY PLAN COMPONENTS. Pursuant to Section 393.067(8), F.S., each facility shall prepare a written comprehensive emergency management plan which shall be updated as needed and on at least an annual basis. The emergency management plan must, at a minimum address the following:
1. through 7. No change.
(b) EMERGENCY MANAGEMENT PLAN DEVELOPMENT.
1. Emergency management plans shall be updated at least annually and may be developed with the assistance of appropriate resource persons from the local fire marshal, Regional Office, civil defense office, or local emergency management agency. Comprehensive transitional education programs and facilities which serve residents with complex medical conditions must have their emergency management plans approved by the local emergency management agency.
2. No change.
(c) through (f) No change.
(4)(5) MISSING RESIDENTS. Beyond one hour after Upon determining that a child or an adult who has been adjudicated incompetent is missing the whereabouts of a resident are unknown, staff shall immediately call local law enforcement and ask the officer to:
(a) through (c). No change.
(d) If the responding law enforcement officer refuses to take a missing person report for any reason, the person making the report will document the name of the officer and call the responding local law enforcement agency and request to speak to the appropriate Watch Commander about the refusal to take a missing person report. If the local law enforcement officials do not accept the report, the staff shall immediately notify the Agency Regional Office. A violation of this paragraph subsection shall constitute a Class III I violation.
(e) Except as otherwise provided, a violation of this subsection shall constitute a Class II violation.
(5)(6) INCIDENT REPORTING. In all cases involving known or suspected abuse, neglect or exploitation, the incident shall be reported immediately to the Florida Abuse Hotline as required under Sections 39.201 and 415.1034, F.S. In addition, all incidents must be reported to the Regional Office in the following manner and according to the specified timeframes (utilizing the APD Incident Reporting Form, APD 10-002 (effective April 1, 2014) which is herein incorporated by reference as Appendix 1 – APD OP 10-002). A copy of this form may be obtained from the Regional Office.
(a) Critical incidents must be reported to the appropriate Regional Agency Region Office by telephone or in person within one hour after facility staff become aware of the incident. If this occurs after normal business hours or on a weekend or holiday the person reporting the incident shall call the Agency Regional Office after-hours designee. If the incident occurs between the hours of 8:00 p.m. and 8:00 a.m., an oral contact must be made with the Regional Office no later than 9:00 a.m. It shall be within the provider’s discretion and judgment to determine the appropriateness of waiting until the following morning. Oral contacts should be followed up with the submission of a completed APD Incident Reporting Form which is herein incorporated by reference as Appendix 1 – APD OP 10-002, to the Regional Office within one business day following the critical incident. This form should be faxed, electronically mailed, or personally delivered to the Regional Office. Critical incidents include the following:
1. through 2. No change.
3. The unexpected absence or unknown whereabouts, beyond one hour, of a resident who is a minor or an adult resident who has been adjudicated incompetent,
4. through 8. No change.
(b) No change.
1. through 4. No change.
5. The unexpected absence or unknown whereabouts of a legally competent adult resident beyond eight hours, or less time if the person is known to lack capacity to make safe decisions;
6. through 8. No change.
(c) The person making the report shall also immediately notify the resident’s authorized representative and support coordinator, as appropriate and, for children in the custody of the Department of Children and Families Family Services, the designated caseworker.
(d) No change.
(e) A violation of this subsection shall constitute a Class II I violation.
Rulemaking Authority 393.501(1), 393.067 FS. Law Implemented 393.067, 393.13 FS. History–New_________.
65G-2.011 Foster Care Facility Standards.
(1) ADMINISTRATION. Each foster care facility shall designate a person as responsible for the on-going operation of the foster care facility and for ensuring compliance with applicable requirements of statute and rule. A violation of this subsection shall constitute a Class II I violation.
(2) FINANCIAL STANDARDS.
(a) No change.
(b) The foster care facility shall submit annually to the Agency, as part of its application for licensure, a true and accurate sworn statement of the costs of providing care to Agency clients. The statement must identify, at a minimum, categorical expenditures in the areas of rent or mortgage, food, utilities, and salaries.
(b) (c) The Agency may audit the records of a foster care facility to ensure compliance with Chapter 65G-2 and Section 393.067, F.S, applicable laws and rules provided that such financial audits audit shall be limited to the records of Agency clients.
(d) renumbered (c) No change.
(d)(e) 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 the provider is related to the resident by blood or marriage;
2. Receiving any indirect financial benefit from a resident’s life insurance policy unless the provider is related to the resident by blood or marriage; or
3. Borrowing or otherwise using a resident’s personal funds for any purpose other than the resident’s benefit.
(e)(f) A violation of this subsection shall constitute a Class III I violation.
(3) No change.
Rulemaking Authority 393.501(1), 393.067 FS. Law Implemented 393.067 FS. History–New 8-13-78, Formerly 10F-6.09, 10F-6.009, 65B-6.009, Amended__________.
65G-2.012 Group Home Facility Standards.
(1) ADMINISTRATION.
(a) Each group home facility shall have a designated facility operator on-site or on call at all times. The facility operator is responsible for the on-going operation of the group home facility and for ensuring compliance with Chapter 65G-2 and Section 393.067, F.S., applicable requirements of statute and rules whenever the facility operator is on-site or on call and one or more residents are present in the facility.
(b) through (c) No change.
(d) With the exception of paragraph (c), a violation of this subsection shall constitute a Class II I violation.
(2) FINANCIAL STANDARDS.
(a) No change.
(b) The group home facility shall submit annually to the Agency a true and accurate sworn statement of the costs of providing care to Agency clients. Such statement shall identify, at a minimum, categorical expenditures in the areas of rent/mortgage, food, utilities, and salaries.
(b)(c) The Agency may audit the records of a group home facility to ensure compliance with Chapter 65G-2 and Section 393.067, F.S., applicable laws and rules provided that such financial audits audit shall be limited to the records of Agency clients.
(c)(d) Upon request by the Agency, the group home facility shall make available copies of any internal or external audit reports pertaining to funding received on behalf of Agency clients.
(d)(e) 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 the provider is related to the resident by blood or marriage;
2. Receiving any indirect financial benefit from a resident’s life insurance policy unless the provider is 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)(f) A violation of this subsection shall constitute a Class III I violation.
Rulemaking Authority 393.501(1), 393.067 FS. Law Implemented 393.067 FS. History–New 8-13-78, Formerly 10F-6.10, 10F-6.010, 65B-6.010, Amended__________.
65G-2.013 Residential Habilitation Center Standards.
(1) ORGANIZATION AND ADMINISTRATION.
(a) No change.
(b) Each facility shall have a facility operator on-site designated as responsible for the on-going operation of the residential habilitation facility and for ensuring compliance with Chapter 65G-2 and Section 393.067, F.S., applicable requirements of statute and rules at all times that one or more residents are present in the facility.
(c) through (d) No change.
(e) With the exception of paragraph (d), a violation of this subsection shall constitute a Class II I violation.
(2) FINANCIAL STANDARDS.
(a) No change.
(b) The residential habilitation center shall submit annually to the Agency a true and accurate sworn statement of the costs of providing care to Agency clients. Such statement shall identify, at a minimum, categorical expenditures in the areas of rent/mortgage, food, utilities, and salaries.
(b)(c) The Agency may audit the records of a residential habilitation center to ensure compliance with Chapter 65G-2 and Section 393.067, F.S., applicable laws and rules provided that such financial audits audit shall be limited to the records of Agency clients.
(c)(d) Upon request by the Agency, the residential habilitation center shall make available copies of any internal or external audit reports pertaining to funding received on behalf of Agency clients.
(d)(e) 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 the provider is related to the resident by blood or marriage,;
2. Receiving any indirect financial benefit from a resident’s life insurance policy unless the provider is 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)(f) A violation of this subsection shall constitute a Class III I violation.
(3) No change.
Rulemaking Authority 393.501(1), 393.067 FS. Law Implemented 393.067 FS. History–New 8-13-78, Formerly 10F-6.11, 10F-6.01, 65B-6.011, Amended__________.
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 public and Agency inspection and include at a minimum:
(a) through (b) No change.
(c) Criteria and procedures for admissions and discharges, both external to and within CTEP’s components;
(d) through (i) No change.
(j) A violation of this subsection shall constitute a Class III I violation.
(2) FINANCIAL STANDARDS.
(a) No change.
(b) The CTEP shall submit annually to the Agency a true and accurate sworn statement of the costs of providing care to residents funded by the Agency. Such statement shall identify, at a minimum, categorical expenditures in the areas of rent/mortgage, food, utilities, and salaries.
(b)(c) The Agency may audit the records of a CTEP to ensure compliance with Chapter 65G-2 and Section 393.067, F.S., applicable laws and rules provided that such financial audits audit shall be limited to the records of Agency-funded clients.
(c)(d) 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)(e) 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 the provider is related to the resident by blood or marriage,;
2. Receiving any indirect financial benefit from a resident’s life insurance policy unless the provider is 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)(f) A violation of this subsection shall constitute a Class III I violation.
(3) RESIDENT TRAINING AND DATA COLLECTION. Each CTEP shall have a policy and put into practice a system that enables establish systems that enable the program to accurately track and act upon information pertinent to each resident’s welfare.
(a) No change.
1. through 3. No change.
4. Accidents, injuries, unusual incidents or other significant events, including the frequency, intensity and duration of the incident or significant event;
5. through 6. No change.
(b) through (c) No change.
(4) SERVICES TO BE PROVIDED. Resident treatment services shall include, but not be limited to:
(a) through (h) No change.
(i) A violation of this subsection shall constitute a Class III II violation.
(5) STAFF REQUIREMENTS, QUALIFICATIONS AND RESPONSIBILITIES.
(a) No change.
(b) CTEP staff must meet the following qualifications:
1. Staff who implement behavioral interventions must be at least 18 years of age and possess a minimum of two years of college and at least one year of experience in a relevant population and a minimum of twenty hours of training in behavior analysis or a high school diploma, a minimum of twenty hours of training in behavior analysis, two years experience with a relevant population. On-line or computer-based courses are not acceptable for meeting this requirement.
1.(2) Staff who supervise the design of behavioral intervention plans must be board certified behavior analysts.
3. through 7. renumbered 2. through 6. No change.
(7)(8) Staff shall include a board certified behavioral analyst; and
(9) renumbered (8) No change.
(c) A violation of this subsection shall constitute a Class II I violation.
(6) RESIDENT RIGHTS. The facility shall establish and maintain:
(a) No change.
(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.; and
(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.
(d) (c) A violation of this subsection shall constitute a Class III I violation.
(7) PLACEMENT, INTAKE, AND TRANSITION.
(a) through (c) No change.
(d) A violation of this subsection shall constitute a Class III II 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___________.
65G-2.015 Siting.
(1) through (7) No change.
(8) The requirements of subsections (4), (5), and (6) of this rule do not apply to a “community residential home” located within a “planned residential community” as those terms are defined in Section 419.001, Florida Statutes. A facility has the burden of establishing that it is a “community residential home” within a “planned residential community.” To satisfy this burden, a facility must provide, at a minimum, the following documents with its initial license application and each subsequent license renewal application:
(a) No change.
(b) Documents which verify A statement by the applicant, under oath, stating that:
1. through 5. No change.
Rulemaking Authority 393.501 FS. Law Implemented 393.067, 393.501, 419.001 FS. History–New 8-1-05, Formerly 65B-6.014, Amended__________.
