The purpose of this rulemaking is to adopt rules related to the Sexual Abuse Treatment Program as provided in 2017 amendments to section 39.3031, Florida Statutes.

 

DEPARTMENT OF HEALTH

Division of Children’s Medical Services

RULE NOS.:RULE TITLES:

64C-9.005Definitions

64C-9.006Sexual Abuse Treatment Program Organization, Roles and Responsibilities

64C-9.007Eligibility Criteria

64C-9.008Waivers

PURPOSE AND EFFECT: The purpose of this rulemaking is to adopt rules related to the Sexual Abuse Treatment Program as provided in 2017 amendments to section 39.3031, Florida Statutes.

SUMMARY: The rule provides for definitions, program organization and roles and responsibilities, eligibility criteria and a waiver process.

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-9.005 Definitions.

(1) “Counseling” means – a therapeutic process that engages individuals and families in the reduction of behavioral, emotional, and cognitive symptoms related to trauma. Treatment is provided to enhance and expand individual and family coping skills, promote safety, and improve family cohesion and communication.

(2) “Non-Offending Caretaker” means – the parent or person taking care of a child who did not sexually abuse the child.

(3) “Offender” means – the person who sexually abused the child.

(4) “Sexual Abuse Treatment Program” means – a program funded in part or in whole through a contract with the Divison of Children’s Medical Services which conforms to the contract, the statute, and the administrative rule.

(5) “Victim” means – for the purposes of the Sexual Abuse Treatment Program, a child who has disclosed sexual abuse or who has exhibited indicators of sexual abuse, regardless of investigative findings by either the Department of Children and Families or Sheriff’s Office.

Rulemaking Authority 39.3031 FS. Law Implemented 39.303 FS. History–New            .

 

64C-9.006 Sexual Abuse Treatment Program Organization, Roles and Responsibilities.

(1) Each Sexual Abuse Treatment Program shall function under the direction of a program coordinator who is licensed by the State of Florida under Chapter 490 or 491, F.S.; has at least one year of clinical experience in the field of child sexual abuse; and maintains at least eight hours of continuing education annually in child abuse, at least two hours of which must be specific to child sexual abuse.

(2) Sexual Abuse Treatment Program counseling staff must have at least a Master’s degree in Psychology, Social Work, or other behavioral science; and a minimum of one year of clinical counseling experience, six months of which must have been in providing treatment to sexually abused children and their families; and maintain at least eight hours of continuing education annually in child abuse, at least two hours of which must be specific to child sexual abuse.

(3) Students actively seeking a Masters or higher degree in Psychology, Social Work, or other behavioral science may provide Sexual Abuse Treatment Program services under the direct supervision of an individual meeting the requirements of a Sexual Abuse Treatment Program program coordinator; and maintain at least eight hours of continuing education annually in child abuse, at least two hours of which must be specific to child sexual abuse.

Rulemaking Authority 39.3031 FS. Law Implemented 39.303 FS. History– New            .

 

64C-9.007 Services.

The Sexual Abuse Treatment Program contractor shall ensure that counseling services are provided to victims, non-offending caretakers, and siblings of the victim, and that federal, state, local and private revenue sources are billed for treatment services.

Rulemaking Authority 39.3031 FS. Law Implemented 39.303 FS. History– New            .

 

64C-9.008 Waivers.

(1) In the event that an individual fails to meet the qualifications of Rule 64C-9.006, a Sexual Abuse Treatment Program may request a waiver of that requirement.

(2) All requests for waiver shall be submitted in writing to the Division of Children’s Medical Services, and shall specify the requirement for which the waiver is being requested. Additionally, the Sexual Abuse Treatment Program may include any training, education, or experience the individual possesses which would be pertinent to the position being sought.

(3) Sexual Abuse Treatment Program 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.

(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) The Division of Children’s Medical Service shall notify the Sexual Abuse Treatment Program in writing that the request for waiver of a specific requirement has been granted or denied. If a request for a waiver is denied, the denial letter shall include a notice 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            .

 

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