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

 

DEPARTMENT OF HEALTH

Division of Children’s Medical Services

RULE NOS.:RULE TITLES:

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

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, organization, roles and responsibilities, eligibility, services and their availability, qualifications of staff and a waiver process.

SUMMARY: The rule revises and simplifies definitions, personnel requirements and waiver procedures; and eliminates duplication with statutory language;

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, Bureau 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) “Case” means – an individual child referred to and accepted by a child protection team for assessment services as a result of a report of alleged abuse or neglect made to the central abuse hotline as set forth in Section Chapter 39.201, F.S.

(2) “Case Coordinator” means – a member of the child protection team professional staff who provides or directs the activities on behalf of clients to complete team assessment services.

(3) “Medical Consultation” - a Child Protection Team medical opinion based on oral or written information obtained by the team when the child was not physically examined by a team medical provider. means –a Child Protection Team physician’s or a Physician’s Assistant’s, under the supervision of a physician, or Advanced Registered Nurse Practitioner’s rendering, for the evaluation of suspected child abuse or neglect, of a medical opinion regarding a child, based upon oral or written information obtained by the Child Protection Team physician. Physician’s Assistant, or Advanced Registered Nurse Practitioner, where the child may not have been physically examined by the Child Protection Team physician, Physician’s Assistant, or Advanced Registered Nurse Practitioner.

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

(5) “Psychological Evaluation” means – an evaluation performed by a licensed psychologist, resulting in a written report.

(6) “Team Assessment” means – the medically-directed multidisciplinary process of evaluation.

(7) “Team Attorney” – a member of the Florida Bar who is available on a part time basis to work with the Child Protection Team to provide legal services and consultation.

(8) through (9) renumbered (4) through (5) No change.

Rulemaking Specific Authority 39.3031 39.3013 FS. F.S. 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,__________________.

 

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

(1) through (3) No change.

(4) Physicians, Advanced Registered Nurse Practitioners, attorneys, psychologists (or psychiatrists) will be available as needed or appropriate for consultation and diagnosis and evaluation.

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

(6)(7) The Child Protection Team may can use Physician’s Assistants under the direct supervision of a Child Protection Team physician. in accordance with Section 458.347, F.S.

(7)(8) 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 to provide legal consultation to the team. The qualifications for this position are:

(a) Member of the Florida Bar.

(b) Availability to work with the team on a part-time basis.

Rulemaking Specific Authority 39.3031 39.3013 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,________________.

 

64C-8.003 Child Protection Team Services.

(1) through (2) No change.

(3) Each Child Protection Team must work with its local child protection agency to develop a local protocol for achieving consensus, including representation from appropriate legal staff, and follow this procedure in disputed cases.  If the issue cannot be resolved at the local level, the team coordinator should contact his or her program office liaison for assistance.

(4) All Child Protection Teams must use CMS approved board certified pediatricians as provided in Rule 64C-4.001, F.A.C., to provide medical diagnosis and evaluation. With approval of the CMS Medical Director, Child Protection Teams may also utilize the services of an Advanced Registered Nurse Practitioner to provide medical diagnosis and evaluations.

(5) renumbered (3) No change.

(6) Child Protection Team members providing expert court testimony in a non-dependency proceeding may request reimbursement from the court.

Rulemaking Specific Authority 39.3031 39.3013 F.S. 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,________________.

 

64C-8.004 Waivers.

(1) No change.

(2) All requests for waiver of a specific standard shall be submitted in writing to the Children’s Medical Services Program Office, Director of Prevention and Intervention, and shall include documentation of the need for the waiver.

(3) No change.

(4) Waiver requests shall contain at least these sections:

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

(b) 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.

(5) No change.

Rulemaking Specific Authority 39.3031 39.3013FS. 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,_________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Peggy Scheuermann, Bureau Chief, Bureau of Child Protection and Special Technology

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John H. Armstrong, MD, FACS, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 16, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 12, 2015