Definitions, Common Licensing Standards, Staff Training, Qualifications, and Scope of Practice

 

DEPARTMENT OF CHILDREN AND FAMILIES

Substance Abuse Program

RULE NOS.:RULE TITLES:

65D-30.002Definitions

65D-30.004Common Licensing Standards

65D-30.0046Staff Training, Qualifications, and Scope of Practice

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. 48 No. 241, December 14, 2022 issue of the Florida Administrative Register.

65D-30.002 Definitions.

(1) through (37) No change.

(38) “Medical Consultant” means a physician licensed under chapter 458 or 459, F.S., or an advanced practice registered nurse licensed under section 464, F.S., or a physician assistant, who has an agreement with a licensed provider to be available to consult on any medical services required by individuals involved in those licensed components.

(39) through (86) No change.

Rulemaking Authority 397.321(5) FS. Law Implemented 397.311, 397.321(1), 397.410 FS. History–New 5-25-00, Amended 4-3-03, 12-12-05, 8-29-19. Amended ______________.

65D-30.004 Common Licensing Standards.

(1) through (2) No change.

(3) Provider Governance and Management.

(a) Governing Board Body. Any provider that applies for a license, shall be a legally constituted entity. Providers that are government-based and providers that are for-profit and not-for-profit, as defined in section 397.311, F.S., shall have a governing board body that shall set policy for the provider. The governing board body shall maintain a record of all meetings where business is conducted relative to provider operations. These records shall be available for review by the Department.

(b) No change.

(c) Chief Executive Officer. A chief executive officer shall be appointed. If the entity is operated by a governing board, the governing board body shall appoint a chief executive officer. The qualifications and experience required for the position of chief executive officer shall be defined in the provider’s operating procedures. Documentation shall be available from the governing board body providing evidence that a background screening has been completed in accordance with chapters 397 and 435, F.S., and there is no evidence of a disqualifying offense. Providers shall notify the regional office in writing within 24 hours when a new chief executive officer is appointed.

(4) through (5) No change.  

(6) Medical Director. Providers licensed to operate addictions receiving facilities, detoxification, intensive inpatient treatment, residential treatment, and methadone and medication-assisted treatment for opioid use disorder shall have a medical director. Providers shall designate a medical director who shall oversee all medical services. The medical director’s responsibilities shall be clearly described.

(a) through (f) No change.

(g) In cases where a provider operates treatment components that are not identified in this subsection, the provider shall have access to a physician, physician assistant, or APRN through a written agreement who will be available to consult on any medical services required by individuals involved in those components. Physicians, physician assistants, or APRN’s serving as a medical consultant shall adhere to all requirements and restrictions as described for medical directors in this chapter.

(h) No change.

(7) through (22) No change.

Rulemaking Authority 397.321(5) FS. Law Implemented 397.321, 397.4014, 397.4073, 397.4075, 397.410, 397.4103, 397.4104, 397.411 FS. History–New 5-25-00, Amended 4-3-03, 12-12-05, 8-29-19. Amended ________________.

65D-30.0046 Staff Training, Qualifications, and Scope of Practice.

(1) through (3) No change.

(4) Scope of Practice for staff who provide services specific to substance use but who are not licensed or certified as qualified professionals.

(a) The scope of practice is more limited for certain staff working for providers licensed under this Chapter who do not meet the definition of a qualified professional. This staff is comprised of:

1. through 2. No change.

3. Certified addiction counselors with highest education level of a high school diploma who are certified by the Florida Certification Board; and

4. Certified behavioral health technicians with highest education level of a high school diploma who are certified by the Florida Certification Board.

(b)  through (d) No change. The staff listed in subsection (4)(a) of this rule shall be directly supervised by a qualified professional.

(5)  No change.

Rulemaking Authority 397.321(5) FS. Law Implemented 397.321, 397.410 FS. History–New 8-29-19. Amended____________.