Eliminates unnecessary rule language and designates the approved impaired practitioner programs.

 

DEPARTMENT OF HEALTH

Impaired Practitioners Program

RULE NO.:RULE TITLE:

64B31-10.001Impaired Practitioners Committee’s Policies & Guidelines

PURPOSE AND EFFECT: Eliminates unnecessary rule language and designates the approved impaired practitioner programs.

SUMMARY: The rule is being amended to eliminate rule language that is not required by statute and to address how the Department designates approved impaired practitioner programs.

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: 456.004, 456.076(1) FS.

LAW IMPLEMENTED: 456.076(1) 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: Adrienne Rodgers, 4052 Bald Cypress Way, Bin #C-11, Tallahassee, FL 32399, [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B31-10.001 Approved Impaired Practitioner Practitioners Programs Committee’s Policies & Guidelines.

(1) Definitions:

(a) An Approved Impaired Practitioner Program Programs is designated by the department through contract with a consultant to initiate intervention, recommend evaluation, and refer impaired practitioners to Department approved tTreatment pProviders or tTreatment pPrograms and monitor the progress of impaired practitioners in treatment under the direction of consultants. Approved impaired practitioner programs They are entities which do not provide medical services.

(b) Consultants operate approved impaired practitioner programs which are Florida licensees approved by the Committee who receive allegations of licensee impairment, personally intervene or arrange intervention with licensees, refer licensees to Department approved tTreatment pPrograms or tTreatment pProviders, evaluate treatment progress, and monitor continued care provided by approved programs and providers Treatment Programs/Providers.

(c) A tTreatment program Programs is approved by a designated impaired practitioner program and must be a nationally accredited or state licensed residential, intensive outpatient, partial hospital or other program with a multidisciplinary team approach with individual treatment providers treating licensees depending on the licensee’s individual diagnosis and treatment plan that has been approved by an approved impaired practitioner program, and they must be comprised of no fewer than two (2) Treatment Providers.

(d) A tTreatment provider is approved by a designated impaired practitioner program and must be a Providers are state licensed or nationally certified individual individuals with experience treating specific types of impairment.

(e) Intervenors are individual licensees who act on behalf of the Department to intervene with impaired practitioners.

(2) The Department designates Intervention Project for Nurses (IPN) and Professionals Resource Network (PRN) as the Approved Impaired Practitioner Programs. Approved impaired practitioner programs also serve as consultants.  The Impaired Practitioners Committee’s policies are to assure that:

(a) No qualified and Department approved Treatment Provider or Treatment Program is denied an opportunity to evaluate and/ or treat any impaired practitioner.

(b) Impaired practitioners are evaluated and treated fairly, equitably, and uniformly without reference to race, religion, national origin, sexual preference, gender or social status.

(c) No Department approved Treatment Provider or Treatment Program receives referrals unless by free and voluntary choice of impaired practitioners/patients who have been provided with a list of appropriate, alternative, approved Treatment Providers/ Programs, except when Chapter 397, Florida Statutes, permits otherwise.

(d) Practitioners who choose to be evaluated for impairment are provided with a list of those Department approved Treatment Providers and Treatment Programs which are capable of providing appropriate evaluation prior to any evaluation; enabling practitioners to make a free and fully informed decision regarding the Provider/Program they choose; strengthening their commitment to succeed by involving them in the selection process, except when Chapter 397, Florida Statutes, permits otherwise.

(e) Practitioner/patients are not denied access to Department approved Treatment Providers or Treatment Programs located in states outside of Florida.

(f) The Department’s consultants report to the Department any instances where Treatment Providers/Programs fail to comply with applicable statutes (especially Chapter 396, Florida Statutes), rules, or policies.

(g) The Department’s consultants immediately notify the Department in the event any approved Treatment Provider/Program has operated in a manner which appears to require Department disapproval of a Treatment Provider or Treatment Program.

(3) Impaired Practitioners Committee’s guidelines for minimal qualifications of Treatment Providers and Treatment Programs:

(a) Department approved Treatment Providers must be state licensed or nationally certified in treating the specific impairment identified and must have at least three (3) years experience treating that specific impairment.

(b) Department approved Treatment Programs are clinical settings comprising at least two (2) Department approved Treatment Providers and must submit the following to the Department:

1. Proof of accreditation by the Joint Commission on Accreditation of Health Care Organizations including the JCAHCO report of the program, proof of financial ability to operate in accordance with Chapter 394, 395 or 396, Florida Statutes, and proof of liability insurance coverage;

OR

2. Proof of accreditation by the Council on Accreditation of Rehabilitation Facilities, proof of financial ability to operate in accordance with Chapter 396, Florida Statutes, and proof of liability insurance coverage;

OR

3. Proof of licensure under Chapter 394, 395, 396, or 397, Florida Statutes.

(4) Treatment Programs which wish to become Department approved Treatment Programs must submit at least the following to the Department:

(a) Designation of one Treatment Program director responsible for prompt responses to information requests concerning practitioner/patients made by the Department’s consultants or designees.

(b) Unless more frequent reporting is specified by a Department consultant, provision of monthly reports to the Department’s consultants containing the number of people referred by the Department to the consultant within each program.

(c) Agreement to refrain from using or mentioning the Program’s name as one which the Department approves for advertisements or other public correspondence.

(d) Provision of no less than 5% of its total inpatient population services to the indigent.

(5) Requests for provider/program approval received by the Department shall be referred to the Impaired Practitioners Committee for its recommendation as to approval. The Committee shall recommend a site visit of the program by a board member or Department employee when necessary to determine whether a program meets the requirements of these rules. The Committee shall utilize the services of Department retained consultants in the review process when the Department determines such expertise is absolutely necessary.

(6) The Department shall approve qualified Treatment Programs and shall designate the particular type(s) of impairment problem(s) that an approved program may handle pursuant to that program’s history of treatment. The Department shall compile lists of approved Treatment Programs for each type of impairment problem.

Rulemaking Specific Authority 456.004(5), 456.076(1) FS. Law Implemented 456.076(1) FS. History–New 5-12-93, Formerly 21-20.006, 61-10.006, 59HH-10.001, Amended                    .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adrienne Rodgers

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: 9/11/15

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 1/7/15