DEPARTMENT OF CHILDREN AND FAMILIES
Agency for Persons with Disabilities
RULE NO.: RULE TITLE:
65G-2.008: Staffing Requirements
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. 43 No. 43, March 3, 2017 issue of the Florida Administrative Register.
65G-2.008 Staffing Requirements.
(1) The licensee shall employ adequate staff to maintain the facility in a manner that promotes and ensures the health, safety, and welfare of residents, and protects those who are not residents of the facility from any known dangerous behaviors that the residents exhibit. A violation of this subsection shall constitute a Class I violation.
(a) through (e) No change.
(f) "Prior to beginning employment, direct service providers must have at least one year experience in a medical, psychiatric, nursing or childcare setting or working with person with a developmental disability. Successfully completed college, vocational or technical training equal to 30 semester hours, 45 quarter hours, or 720 classroom hours in special education, mental health, counseling, guidance, social work or health and rehabilitative services can substitute for the required experience. Direct service providers hired by the licensee prior to the adoption date of this rule shall be exempt from this requirement. Licensees may allow direct service providers to begin their employment without the experience requirements described within this section if such direct service providers spend their first 90 days of employment working directly under the supervision or oversight of another direct service provider who does possess the required experience requirements. For purposes of this section, working directly under the supervision or oversight requires the physical presence of the experienced direct service provider who at all times shall be within 50 feet of the direct service provider who is subject to supervision to readily assist and direct. If such arrangements will be made for a direct service provider, the licensee shall provide written notification to the Regional Office, to include the name of the direct service provider and the facility in which he or she will be working, within five business days of the direct service provider’s employment. The licensee shall conduct a performance evaluation of any direct service provider, working under this section’s exception to the experience requirement, within 120 days of his or her employment. This performance evaluation shall, at a minimum, include an assessment of the direct service provider’s ability to perform the prescribed duties of their position. Documentation of this performance evaluation shall be maintained within the personnel file of the direct service provider and made available to the Agency upon request. A violation of this paragraph shall constitute a Class III violation.”
(g) through (h) No change.
(2) through (7) No change.
Rulemaking authority 393.501, 393.067 FS. Law Implemented 393.0655, 393.067, FS. History-New 7-1-14-Amended_____.
