The purpose of this rulemaking is to update language regarding specific standards for the operation of the statewide Child Protection Teams, including definitions and roles and responsibilities.

 

DEPARTMENT OF HEALTH

Division of Children’s Medical Services

RULE NOS.:RULE TITLES:

64C-8.001Definitions

64C-8.002Child Protection Team Organization, Roles and Responsibilities

64C-8.003Child Protection Team Services

64C-8.004Waivers

PURPOSE AND EFFECT: The purpose of this rulemaking is to update language regarding specific standards for the operation of the statewide Child Protection Teams, including definitions and roles and responsibilities.

SUMMARY: The rules revise definitions and personnel requirements.

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.

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: Based on the SERC checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

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: 39.3031, FS

LAW IMPLEMENTED: 39.303, 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: Peggy Scheuermann, Chief, Bureau of Child Protection and Special Technology, Division of Children’s Medical Services, 4052 Bald Cypress Way BIN A-06, Tallahassee, Florida 32399-1707.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64C-8.001 Definitions Used in the Child Protection Team Rule.

For the purpose of this rule chapter, the following definitions will apply:

(1) through (3) No change.

(4) "Medical Diagnostic Examination” – a medical evaluation performed by a Child Protection Team physician, Physician’s Assistant, or an Advanced Registered Nurse Practitioner.

(4) through (5) – renumbered (5) through (6) – No change.

Rulemaking Authority 39.3031 FS. Law Implemented 39.303 FS. History–New 3-2-93, Amended 5-7-96,Formerly 10J-10.002, 65C-7.001, Amended 4-30-08, 12-2-15,            .

 

64C-8.002 Child Protection Team Organization, Roles and Responsibilities.

(1) Each Child Protection Team will function under the oversight of a CMS approved provider pediatrician whose title will be Child Protection Team Medical Director. The minimum qualification for this position are:

(a) Graduation from an accredited school of medicine with board certification in pediatrics and licensed to practice in Florida.

(b) An approved CMS physician provider.

(c) Demonstrated interest in the field of child abuse and neglect and satisfactory completion of training deemed necessary by the department for evaluating alleged abuse and neglect.

(d) Availability to provide oversight of team and client assessments.

(2) No change.

(3) Each Child Protection Team staff shall consist of one or more case coordinators who complete assessment activities and referrals, and perform related duties. The minimum qualifications for this position are:

(a) through (b) No change.

(4) Each Child Protection Tteam shall have available a Florida licensed psychologist with training and experience in evaluation and treatment of child abuse and neglect. The minimum qualifications for this person are:

(a) Licensure under Chapter 490, F.S., and adherence to standards established by the Department of Health, and the American Psychological Association.

(b) Ongoing education, experience, and training as required by the Department of Health, Children’s Medical Services.

(5) Each Child Protection Team shall have Florida licensed Physicians team Pediatricians or Advanced Registered Nurse Practitioners, who work part-time with the Team, under the supervision of the Team Medical Director, and respond to requests for medical consultation and medical diagnostic examination and evaluation of children suspected of being abused or neglected. These evaluations may take place in a hospital space or in an out-patient or private office setting. The qualifications for this position are:

(a) Physician.

1. Graduation from an accredited school of medicine with board certification/eligibility in pediatrics and licensed to practice in Florida.

2. An approved CMS physician medical provider.

3. Experience in the evaluation and treatment of child abuse and neglect or agreement to receive training deemed necessary by the department for evaluating alleged abuse and neglect.

(b) Advanced Registered Nurse Practitioner.

1. Licensure in the state of Florida to practice professional nursing and certification in advanced or specialized pediatrics or family medicine nursing practice.

2. Experience in the evaluation and treatment of child abuse and neglect or agreement to receive training deemed necessary by the department for evaluating alleged abuse and neglect.

(6) The Child Protection Team may use Physician’s Assistants under the direct supervision of a Child Protection Team physician.

(6)(7) Each Child Protection Team shall have a Team Attorney who is a member of the Florida Bar and works with the team on a part-time basis under the general oversight of the Team Medical Director to provides legal consultation to the team.

Rulemaking Authority 39.3031 FS. Law Implemented 39.303 FS. History–New 3-2-93, Amended 5-7-96, Formerly 10J-10.006, 65C-7.002, Amended 4-30-08, 12-2-15,            .

 

64C-8.003 Child Protection Team Services.

(1) A Child Protection Team physician or Advanced Registered Nurse Practitioner and a case coordinator must be available 24 hours a day, seven days a week for consultation. On-site services will be provided as deemed necessary for child safety.

(2) Child Protection Team services are provided in cases of suspected abuse or neglect without regard to income. All children, reported as being abused or neglected by an adult caretaker and accepted by the Florida Abuse Hotline for protective investigation, are eligible for Child Protection Team services. All eligible children are provided Team services.

(3) Medical diagnostic examinations diagnosis and evaluation can be conducted in person or through the use of telemedicine technology. Use of telemedicine requires the presence of a Children's Medical Services CMS approved Pphysician or Advanced Registered Nurse Practitioner at the hub site and a Registered Nurse or Physician Assistant at the remote site to facilitate the evaluation.

Rulemaking Authority 39.3031 FS. Law Implemented 39.303 FS. History–New 3-2-93, Amended 5-7-96, Formerly 10J-10.007, 65C-7.003, Amended 4-30-08, 12-2-15,            .

 

64C-8.004 Waivers.

(1) In the event that an individual fails to meet the qualifications of Rule 64C-8.002, the Child Protection Team compliance with any standard contained herein is not attained, a program may request a waiver of that requirement standard.

(2) All requests for waiver of a specific standard shall be submitted in writing to the Division of Children’s Medical Services Program Office, and shall specify the requirement for which the waiver is being requested. Additionally, the Child Protection Team may include any training, education, or experience the individual possesses which would be pertinent to the position being sought include documentation of the need for the waiver.

(3) Child Protection Team services shall not be provided by an individual requiring a waiver until such waiver is granted by the Division Director for Children’s Medical Services or their designee. Final approval or disapproval of all requests for waiver shall be made by the Deputy Secretary for Children’s Medical Services or their designee, who will make the decision to grant or deny a specific request for waiver of a standard upon the documented rationale presented for the request. Waiver requests shall contain at least these sections:

(a) Identification of the standard for which the waiver is requested;

(b) Description of the attempts to meet the standard;

(c) A plan for remediating the need for the waiver;

(d) Assurance and an explanation in the request that the granting of such a waiver will not adversely affect the quality of care rendered by the provider; and,

(e) An assessment of need and lack of existence of alternative solutions.

(4) The decision to grant or deny a specific request for waiver of a requirement will be based upon the documented rationale for the request, including an assurance and explanantion in the request that the granting of such a waiver will not adversely affect the quality of care rendered by the provider.

(5)(4) The Division of Children’s Medical Services Program Office shall notify the Child Protection Team program in writing, that the request for waiver of a specific requirement standard has been granted or denied. If a request for a waiver is denied, the denial letter shall include a notice advice of the right to request an administrative hearing under Section 120.57, F.S.

Rulemaking Authority 39.3031 FS. Law Implemented 39.303 FS. History–New 3-2-93, Amended 5-7-96, Formerly 10J-10.008, 65C-7.004, Amended 4-30-08, 12-2-15,            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Peggy Scheuermann, Chief, Bureau of Child Protection and Special Technology, Division of Children’s Medical Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Celeste Philip, M.D., MPH, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 20, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 1, 2017