To revise and clarify the responsibilities of participants and treatment providers of the Recovery Network Program. This will establish criteria for provider approval and rescission and educator participation as they relate to the Recovery Network ...  

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    DEPARTMENT OF EDUCATION

    State Board of Education

    RULE NOS.:RULE TITLES:

    6A-10.051Approval of Treatment Programs and Treatment Providers

    6A-10.052Participation in the Recovery Network Program

    6A-10.053Evaluating Participating Educators

    PURPOSE AND EFFECT: To revise and clarify the responsibilities of participants and treatment providers of the Recovery Network Program. This will establish criteria for provider approval and rescission and educator participation as they relate to the Recovery Network Program.

    SUMMARY: Rule 6A-10.051, F.A.C., identifies the requirements of provider approval and specific rescission criteria of approval. Rule 6A-10.052, F.A.C., identifies the requirements of participants in the program and the criteria for use by the Recovery Network Program to evaluate participant progress, and adopts the Recovery Network Program Intake and Limited Waiver of Confidentiality Form (Form # RNP-1). Rule 6A-10.053, F.A.C., identifies specific duties of treatment providers providing evaluation and treatment services to participants of the Recovery Network Program and adopts the Recovery Network Program Contract Form (Form # RNP-2).

    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: Neither the existing rules, nor the rules as amended, impose any direct fees or associated costs and is not expected to require legislative ratification. The requirement for SERC was not triggered under Section 120.541(1), F.S., and the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 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: 1001.02, 1012.798, Florida Statutes.

    LAW IMPLEMENTED: 1012.798, Florida Statutes.

    A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

    DATE AND TIME: May 16, 2017, 9:00 a.m.

    PLACE: Miami Senior High School, 2450 SW 1st St., Miami, FL 33135.

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Morgan Thompson, Administrator, Recovery Network Program, 325 West Gaines Street, Suite 224, Tallahassee, Florida 32399-0400.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    Substantial rewording of Rules 6A-10.051, 6A-10.052 and 6A-10.053 follows. See Florida Administrative Code for present text.

    6A-10.051 Approval of Treatment Programs and Treatment Providers by the Recovery Network Program.

    (1) The Recovery Network Program shall approve an individual treatment provider if the individual treatment provider meets the following criteria:

    (a) Is certified by a state-approved certification board, state licensed, or nationally certified, with the certification or licensure being in treatment for the specific impairment identified;

    (b) Has at least three (3) years of experience;

    (c) Executes a contract, Form # RNP-2, adopted by Rule 6A-10.053, F.A.C., with the participant and the Recovery Network Program; and

    (d) Agrees to provide, at minimum, monthly progress reports regarding treatment of the participant for submission to the Recovery Network Program.

    (2) The Recovery Network Program shall approve a treatment program if the treatment program:

    (a) Is a state-licensed clinical setting, and if not located in the State of Florida, the treatment program must be nationally accredited and meet all requirements for licensure in the state where located;

    (b) Submits one of the following to the Recovery Network Program:

    1. Proof of accreditation by the Joint Commission on Accreditation of Health Care Organizations (JCAHCO) including the JCAHCO report of the program;

    2. Proof of accreditation by the Council on Accreditation of Rehabilitation Facilities; or

    3. Proof of licensure, appropriate for each specific impairment identified for treatment, under Chapters 394, 395, or 397, Florida Statutes.

    (c) Executes a contract, Form # RNP-2, adopted by Rule 6A-10.053, F.A.C., with the participant and the Recovery Network Program; and

    (d) Agrees to provide, at minimum, monthly written progress reports regarding treatment to the participant.

    (3) The Recovery Network Program may rescind approval of a treatment provider if the treatment provider:

    (a) Fails to maintain all qualifications required by subsections (1) and (2) of this rule;

    (b) Fails to comply with the terms of any contract entered into with a participant or the Recovery Network Program in accordance with this rule;

    (c) Fails to provide a participant with, at minimum, a monthly written progress report regarding treatment;

    (d) Fails to ensure that participants under the treatment provider’s care receive treatment that meets or exceeds the standard of care required by law and by professional standards of practice; 

    (e) Receives a suspension, revocation, or other discipline resulting in the restriction of the scope of practice of a license, certification, or accreditation that is required for approval of the treatment provider pursuant to subsections (1) and (2) of this rule that limits the ability to provide services;

    (f) Receives three (3) instances of disciplinary action of any kind against its license, certification, or accreditation that is required for approval of the treatment provider pursuant to subsections (1) and (2) of this rule;

    (g) Has charged participant fees for services in excess of the reasonable, prevailing fees and charges for the same or similar services in the provider’s local area;

    (h) Has charged participant fees for services in excess of those outlined by the treatment provider’s fee schedule provided to the participant and the Recovery Network Program in accordance with Rule 6A-10.053, F.A.C.; or

    (i) Has failed to contact a participant or the Recovery Network Program within two (2) business days of receiving an inquiry.

    Rulemaking Authority 1001.02(1), 1012.798(12) FS. Law Implemented 1012.798 FS. History–New 1-9-95; Amended ___.

     

    6A-10.052 Participation in the Recovery Network Program.

    (1) A participant enrolled in the Recovery Network Program shall:

    (a) Execute a “Recovery Network Program Intake and Limited Waiver of Confidentiality Form (Form # RNP-1),” (DOS link) effective June 2017, and hereby adopted and incorporated by reference, allowing the Recovery Network Program to discuss the participant’s requirements for and participation in the program with the treatment provider and the participant’s current employer. The incorporated form is available from the Recovery Network Program, 325 West Gaines Street, Ste. 224, Tallahassee, Florida, 32399;

    (b) Execute a contract, Form # RNP-2, as adopted by Rule 6A-10.053, F.A.C., with the treatment provider(s) and the Recovery Network Program;

    (c) Follow a treatment plan developed by the treatment provider;

    (d) Authorize monitoring of the treatment plan by the Recovery Network Program;

    (e) Participate in the Recovery Network Program until discharged from treatment by the treatment provider in consultation with the Recovery Network Program;

    (f) Authorize the Recovery Network Program’s notification of the participant’s employer upon notification from the treatment provider that the participant is unable to perform his or her professional duties;

    (g) Notify the Recovery Network Program of any change in employment or the participant’s contact information within forty-eight hours of the change; and

    (h) Provide progress reports received from the treatment provider to the Recovery Network Program within one (1) week of receipt.

    (2) Participation in a treatment program is progress driven, and therefore, the participant is required to make satisfactory progress in the treatment program as determined by the Recovery Network Program. The Recovery Network Program shall use the following factors to evaluate the participant’s progress:

    (a) Attendance at scheduled appointments as documented by the treatment provider;

    (b) Meeting of treatment goals as prescribed in the original or amended treatment plan accepted by the Recovery Network Program;

    (c) Results of substance abuse screenings. Positive screenings which are the result of the use of a documented prescription or other substance administered based on a physician’s orders will be considered a negative screening;

    (d) Maintenance of contact with and responses to correspondence from the Recovery Network Program;

    (e) Submittal to periodic and random blood, hair, or urine screening on the day selected as directed by the Recovery Network Program, the treatment provider(s), or the employer. The educator must bear the cost for all screenings;

    (f) Performance of professional duties in a competent manner in any position requiring a Florida Educator’s Certificate and requiring direct contact with students;

    (g) Endangerment of the health, safety, or welfare of students, colleagues, or the general public; and

    (h) Remaining free from substances with dependence liability except when such substances are prescribed by the participant’s physician.

    Rulemaking Authority 1001.02(1), 1012.798(12) FS. Law Implemented 1012.798 FS. History–New 1-2-95; Amended

     

    6A-10.053 Evaluating and Treating Program Participants Participating Educators.

    (1) Approved treatment providers shall not provide both evaluation services and treatment to the same participant in the Recovery Network Program.

    (2) For evaluations, an approved treatment provider shall:

    (a) Execute a contract, “The Recovery Network Program Contract Form (Form # RNP-2),” (DOS link) effective June 2017, and hereby adopted and incorporated by reference, with the participant and the Recovery Network Program that identifies the responsibilities of the treatment provider, the participant, and the Recovery Network Program prior to the treatment provider conducting an evaluation. The incorporated form is available from the Recovery Network Program, 325 West Gaines Street, Ste. 224, Tallahassee, Florida, 32399;

    (b) Provide the participant and the Recovery Network Program notice of the treatment provider’s fees for services and for reports prior to the treatment provider conducting an evaluation; and

    (c) Provide the Recovery Network Program a written evaluation of the participant. The participant shall also be provided a copy of the written evaluation unless providing access to the evaluation would be harmful to the participant as determined by the treatment provider in accordance with applicable professional standards. The written evaluation shall include, but is not limited to, the following:

    1. Participant’s history;

    2. Participant’s presenting problem;

    3. Participant’s assessment results;

    4. Participant’s diagnosis;

    5. Participant’s prognosis;

    6. The treatment provider’s opinion as to the severity of the participant’s impairment;

    7. The treatment provider’s recommendation regarding treatment; and

    8. If requested by the Recovery Network Program, to the extent the treatment provider may ethically predict, written verification as to whether the participant at the time of the evaluation:

    a. Is capable of assuming his or her professional duties; or

    b. Poses a threat to students.

    (d) For participants being evaluated for substance abuse, include in the written evaluation required by paragraph (2)(c) of this rule:

    1. Participant’s substance use history;

    2. A description of participant’s legal, social, professional, family, and financial problems resulting from the participant’s substance abuse; and

    3. Participant’s prior substance abuse treatment.

    (3) For treatment of participants, the treatment provider shall:

    (a) Prior to initiating treatment, execute a contract, Form # RNP-2, adopted herein, with the participant and with the Recovery Network Program that identifies the responsibilities of the participant, the treatment provider, and the Recovery Network Program.

    (b) Provide the participant and the Recovery Network Program notice of the treatment provider’s fees for services and for reports prior to initiating treatment; and

    (c) Provide the participant, at minimum, monthly written progress reports regarding his or her progress toward the completion of goals outlined in the treatment plan. 

    Rulemaking Authority 1001.02(1), 1012.798(12) FS. Law Implemented 1012.798 FS. History–New 1-2-95; Amended______. 

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Hershel Lyons, Chancellor, K-12 Public Schools.

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education.

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 14, 2017

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 17, 2017

Document Information

Comments Open:
4/17/2017
Summary:
Rule 6A-10.051, F.A.C., identifies the requirements of provider approval and specific rescission criteria of approval. Rule 6A-10.052, F.A.C., identifies the requirements of participants in the program and the criteria for use by the Recovery Network Program to evaluate participant progress, and adopts the Recovery Network Program Intake and Limited Waiver of Confidentiality Form (Form # RNP-1). Rule 6A-10.053, F.A.C., identifies specific duties of treatment providers providing evaluation and ...
Purpose:
To revise and clarify the responsibilities of participants and treatment providers of the Recovery Network Program. This will establish criteria for provider approval and rescission and educator participation as they relate to the Recovery Network Program.
Rulemaking Authority:
1001.02, 1012.798, Florida Statutes.
Law:
1012.798, Florida Statutes.
Contact:
Morgan Thompson, Administrator, Recovery Network Program, 325 West Gaines Street, Suite 224, Tallahassee, Florida 32399-0400.
Related Rules: (3)
6A-10.051. Approval of Treatment Programs and Treatment Providers
6A-10.052. Participation in the Recovery Network Program
6A-10.053. Evaluating Participating Educators