Florida Administrative Code

Specific Authority 39.903 FS. Law Implemented 39.903 FS. History-New 5-13-79, Amended 12-4-79, 12-3-85, Formerly 10A-8.07, 10A-8.007, 10M-48.006, Amended 3-12-00, Transferred to 65H-1.005.

Rulemaking Authority 39.012, 409.026(8), 415.514 FS. Law Implemented 39.001(1), 409.145, 415.501, 415.5016, 415.502 FS. History-New 6-12-95, Formerly 10M-47.001, Repealed 11-16-15.

(1) Undocumented Alien Child is defined as an unmarried person under the age of 18 who is not a citizen or national of the United States, and who is not in possession of valid Immigration and Naturalization Services (INS) issued documents authorizing the juvenile to be in the Uni…

(1) All calls received by the statewide Department of Children and Family Services Abuse hotline ("Hotline") will be screened without regard to the immigration status of the alleged victim or the family or household of the victim, pursuant to the procedures established in Chapter…

These rules shall be known as the licensure standards for "Substance Abuse Services." Rulemaking Authority 397.321(5) FS. Law Implemented 397 FS. History-New 5-25-00, Amended 4-3-03.

(1) "Abbreviated Treatment Plan" means a shorter version of a treatment plan that is developed immediately following placement in an addictions receiving facility or detoxification component and is designed to expedite planning of services typically provided to individuals placed…

(1) Licensing. (a) License Required. All substance abuse components, as defined in Rule 65D-30.002, F.A.C., must be provided by persons or entities that are licensed by the Department pursuant to Section 397.401, F.S., unless otherwise exempt from licensing under Section 397.4012…

(1) Department Recognition of Accrediting Organizations. (a) The Department shall recognize one (1) or more professional credentialing entities as an accrediting organization for persons providing substance use treatment, prevention, and recovery support services. A list of Depar…

(1) Display of Licenses. The most recent version of the provider's license shall be displayed in a conspicuous, publicly accessible place within each facility. (2) A license is valid only for the provider, location(s), service component, and type for which the license is issued. …

(1) Probationary License. (a) Conditions Permitting Issuance. A probationary license is issued to a new applicant upon completion of all applicable requirements. For providers with existing licensed component(s), an amended license will be issued to the provider with the newly ad…

(1) Changing the Status of Licenses. Changes to a provider's license shall be permitted under the following circumstances: (a) If adding a new component to an existing licensed site, the Department will issue an amended license which shall indicate a probationary status for the s…

(1) Licensing Fees. Applicants for a license to operate a licensed service component shall be required to pay a fee upon submitting an application to the regional office. The fees paid by privately-funded providers shall exceed fees paid by publicly-funded providers, as required …

(1) Application for Licensing. Applications for any license described in this rule chapter shall be submitted initially and annually thereafter to the Department along with the required licensing fee. A renewal application is subject to the provisions of s. 397.407(8). Applicatio…

(1) Department Licensing Procedures. (a) Application Process. The Department shall process all new and renewal applications for licensing and shall notify both new and renewal applicants in writing within 30 business days of receipt of the application that it is complete or incom…

(1) The Department shall classify violations of chapter 397, F.S. and chapter 65D-30, F.A.C. in accordance with sections 397.410(2) and 397.411(7), F.S. Violations shall be classified on the written notice as follows: (a) A class I violation is subject to an administrative fine o…

(1) Operating Procedures. Providers shall demonstrate organizational capability required by Section 397.403(1), F.S., through a written, indexed system of policies and procedures that are descriptive of services, and the population served. Administrative and clinical services mus…

(1) Record Management System. Clinical records shall be kept secure from unauthorized access and maintained in accordance with 42 Code of Federal Regulations, Part 2 and Section 397.501(7), F.S. Providers shall have record management procedures regarding content, organization, ac…

(1) Screening. This requirement applies to addictions receiving facilities, detoxification, intensive inpatient treatment, residential treatment, day or night treatment with community housing, day or night treatment, intensive outpatient treatment, outpatient treatment, medicatio…

(1) Criteria and Operating Procedures. This requirement applies to addictions receiving facilities, inpatient and outpatient detoxification, intensive inpatient treatment, residential treatment, day or night treatment with community housing, day or night treatment, outpatient tre…

(1) Treatment Plan, Treatment Plan Reviews, and Progress Notes. (a) Treatment Plan. Each individual shall be afforded the opportunity to participate and be actively engaged in the development and subsequent review of the treatment plan. The treatment plan shall include goals and …

(1) Individual Rights. Individuals applying for or receiving services for substance use disorders are guaranteed the protection of fundamental human, civil, constitutional, and statutory rights, including those specified in Sections 397.501(1)-(10), F.S. (a) Provisions. Basic ind…

(1) Staff Training. Providers shall develop and implement a staff development plan. At least one (1) staff member with skill in developing staff training plans shall be assigned the responsibility of ensuring that staff development activities are implemented. (a) The staff develo…

Facility standards in subsections (1)-(11) below apply to addictions receiving facilities, inpatient detoxification facilities, intensive inpatient treatment, and residential treatment facilities. Facility standards in subsections (6)-(11) apply to outpatient detoxification, day …

(1) Authority to Refer. Any offender, including any minor, who is charged with or convicted of a crime, is eligible for referral to a provider. The referral may be from the court or from the criminal or juvenile justice authority which has jurisdiction over that offender, and may…

(1) Voluntary and Involuntary Placement Under Chapter 397, F.S., Parts IV and V. (a) Eligibility Determination. 1. Voluntary Placement. To be considered eligible for treatment on a voluntary basis, an applicant for services must meet diagnostic criteria for substance use disorder…

An addictions receiving facility is a secure, acute-care or sub-acute, residential facility operated 24 hours-per-day, 7 days-per-week, designated by the Department to serve individuals found to be substance use impaired as described in Section 397.675, F.S., and who meet the pla…

In addition to Rule 65D-30.004, F.A.C., the following standards apply to detoxification. (1) Detoxification is a process involving acute or subacute care that is provided on a non-hospital inpatient or an outpatient basis to assist individuals who meet the placement criteria for …

(1) Intensive Inpatient Treatment includes a planned regimen of evaluation, observation, medical monitoring, and clinical protocols delivered through an interdisciplinary team approach provided 24 hours-per-day, 7 days per week in a hospital setting. (2) Admission Criteria. Inten…

In addition to Rule 65D-30.004, F.A.C., the following standards apply to residential treatment. (1) Residential treatment is a service provided in a structured and supervised live-in environment within a nonhospital or free-standing setting 24 hours-per-day, 7 days-per-week, and …

Rulemaking Authority 397.321(5) FS. Law Implemented 397.311(18)(d), (e), 397.321(1), 397.419 FS. History-New 5-25-00, Amended 4-3-03, Repealed 5-21-12.

In addition to Rule 65D-30.004, F.A.C., the following standards apply to day or night treatment with community housing. (1) Day or Night Treatment with Community Housing is provided on a nonresidential basis at least five (5) hours each day and at least 25 hours each week and is …

In addition to Rule 65D-30.004, F.A.C., the following standards apply to day or night treatment. (1) Services. Each individual shall receive services each week. Clinical staff shall provide those services. Each provider shall be capable of providing or arranging for the services …

In addition to Rule 65D-30.004, F.A.C., the following standards apply to intensive outpatient treatment. (1) Intensive outpatient services are non-residential, structured treatment providing counseling and education focusing mainly on addiction-related and mental health issues. T…

In addition to Rule 65D-30.004, F.A.C., the following standards apply to outpatient treatment. (1) Outpatient treatment is provided on a nonresidential basis and is intended for individuals who meet the placement criteria for this component. (2) Services. Outpatient services prov…

Aftercare involves structured services provided to individuals who have completed an episode of treatment in a component and who are in need of continued observation and support to maintain recovery. Aftercare services help families and prosocial support systems reinforce a healt…

In addition to Rule 65D-30.004, F.A.C., the following standards apply to intervention. (1) General Intervention. General Intervention includes a single session or multiple sessions of motivational discussion focused on increasing insight and awareness regarding substance use and …

Prevention includes activities and strategies that are used to preclude the development of substance use problems. In addition to Rule 65D-30.004, F.A.C., the following standards apply to prevention. (1) Categories of Prevention. For the purpose of these rules, prevention service…

(1) State Authority. The state authority is the Department's Office of Substance Abuse and Mental Health. The State Opioid Treatment Authority (SOTA) is the individual designated by the Office of Substance Abuse and Mental Health to exercise the state's authority and responsibili…

Rulemaking Authority 397.321(5) FS. Law Implemented 397.311(26), 397.321, 397.407, 397.410, 397.427 FS. History-New 8-10-20, Repealed 10-23-25.

(1) General Requirements for Methadone Medication-Assisted Treatment Programs. (a) Methadone Medication-Assisted Treatment Program Sponsor. The methadone medication-assisted treatment sponsor, as defined in Rule 65D-30.002, F.A.C., of a new provider shall be a licensed health pro…

Rulemaking Authority 394.4781(3) FS. Law Implemented 394.4781(3), (4) FS. History-New 3-1-84, Formerly 10E-10.13, Amended 4-8-96, 8-12-96, Formerly 10E-10.013, Amended 4-3-12, Repealed 10-24-21.

Rulemaking Authority 394.4781(3), (4) FS. Law Implemented 394.4781(3) FS. History-New 3-1-84, Formerly 10E-10.14, Amended 4-8-96, Formerly 10E-10.014, Amended 9-14-98, 4-3-12, Repealed 10-24-21.

Rulemaking Authority 394.4781(3), (4) FS. Law Implemented 394.4781(4) FS. History-New 3-1-84, Formerly 10E-10.16, Amended 4-8-96, Formerly 10E-10.016, Amended 4-3-12, Repealed 10-24-21.

Rulemaking Authority 394.4781(3) FS. Law Implemented 394.4781(3), (4) FS. History-New 3-1-84, Formerly 10E-10.18, Amended 4-8-96, Formerly 10E-10.018, Amended 4-3-12, Repealed 10-24-21.

Rulemaking Authority 394.4781(3)(c) FS. Law Implemented 394.4781(3)(c), (4), 409.2561 FS. History-New 3-1-84, Formerly 10E-10.19, 10E-10.019, Repealed 4-3-12.

Rulemaking Authority 394.4781(3), (4) FS. Law Implemented 394.4781(3) FS. History-New 3-1-84, Formerly 10E-10.21, Amended 4-8-96, Formerly 10E-10.021, Amended 9-14-98, Repealed 4-3-12.

The purpose of this chapter is to implement the provisions of Section 409.8135, F.S., by setting forth uniform procedures and standards for providing behavioral health services to non-Medicaid eligible children with special health care needs who are enrolled in the Title XXI part…

Definitions as used in Chapter 65E-11, F.A.C. (1) "Alternative Services" means services other than those specified in Rule 65E-11.003, F.A.C., that a Lead Agency or a Provider of Behavioral Health Services and district deems necessary to meet the objectives outlined in a child's …

(1) Children eligible for behavioral health services are those children that are Title XXI eligible-enrolled in the Florida KidCare Program and which are at least five (5) years of age and not yet nineteen (19) years of age. (2) Providers of Behavioral Health Services shall adopt…

(1) Every child referred to the Behavioral Health Network shall be screened as a first step in determining the child's eligibility for services. If the screening indicates the child has the potential to meet the Behavioral Health Network clinical eligibility criteria described in…