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The Florida Senate

2018 Florida Statutes

Licensure requirements; minimum standards; rules.
F.S. 397.410
397.410 Licensure requirements; minimum standards; rules.
(1) The department shall establish minimum requirements for licensure of each service component, as defined in s. 397.311(26), including, but not limited to:
(a) Standards and procedures for the administrative management of the licensed service component, including procedures for recordkeeping, referrals, and financial management.
(b) Standards consistent with clinical and treatment best practices that ensure the provision of quality treatment for individuals receiving substance abuse treatment services.
(c) The number and qualifications of all personnel, including, but not limited to, management, nursing, and qualified professionals, having responsibility for any part of an individual’s clinical treatment. These requirements must include, but are not limited to:
1. Education; credentials, such as licensure or certification, if appropriate; training; and supervision of personnel providing direct clinical treatment.
2. Minimum staffing ratios to provide adequate safety, care, and treatment.
3. Hours of staff coverage.
4. The maximum number of individuals who may receive clinical services together in a group setting.
5. The maximum number of licensed service providers for which a physician may serve as medical director and the total number of individuals he or she may treat in that capacity.
(d) Service provider facility standards, including, but not limited to:
1. Safety and adequacy of the facility and grounds.
2. Space, furnishings, and equipment for each individual served.
3. Infection control, housekeeping, sanitation, and facility maintenance.
4. Meals and snacks.
(e) Disaster planning policies and procedures.
(2) The department shall adopt rules to provide that if the criteria established under subsection (1) are not met, such deficiencies shall be classified according to the nature and the scope of the deficiency. The scope shall be cited as isolated, patterned, or widespread. The department shall indicate the classification on the face of the notice of deficiencies in accordance with s. 397.411.
(a) An isolated deficiency is a deficiency affecting one or a very limited number of individuals or involving one or a very limited number of staff, or a situation that occurred only occasionally or in a very limited number of locations.
(b) A patterned deficiency is a deficiency where more than a very limited number of individuals are affected or more than a very limited number of staff are involved, the situation has occurred in several locations, or the same individual or individuals have been affected by repeated occurrences of the same deficient practice but the effect of the deficient practice is not found to be pervasive throughout the facility.
(c) A widespread deficiency is a deficiency in which the problems causing the deficiency are pervasive throughout the facility or represent systemic failure that has affected or has the potential to affect a large portion of individuals.
(3) By October 1, 2017, the department shall publish a notice of development of rulemaking, and by January 1, 2018, the department shall publish a notice of proposed rule pursuant to s. 120.54(3)(a) to implement the provisions of this section.
(4) The department shall provide a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by December 1, 2020, concerning the appropriateness of service component licensure requirements as those requirements apply to the qualifications of personnel providing direct clinical treatment. The report shall include, but not be limited to, the requirements established in rule, the number and nature of complaints received regarding personnel providing direct clinical treatment and about the qualifications of the individuals subject to the complaints, and the precipitating cause, number, and types of licensure actions taken by the department regarding such personnel.
History.s. 10, ch. 2017-173.