February 27, 2018
Florida Providers: proposed changes to 65D-30

Florida Providers: proposed changes to 65D-30

As you may be aware, DCF has proposed a few major changes to rule 65D-30. 65D-30 is the part of the administrative code that covers licensing for treatment facilities. This is part of the major new law concerning substance abuse regulations, also known as HB-807, which was passed by the legislature last summer. HB-807 intends to strengthen DCF’s substance abuse treatment provider licensure program and improve regulation of service providers.

The rule isn’t finalized, and some of this may be subject to change as DCF receives comments from the public on its proposed changes.

Here is a summary of what is being proposed.

Licensing

  • The Residential Level 5 license may be eliminated in its entirety. (Please note they plan to keep PHP with housing, which they had previously discussed removing.)
  • All licensed facilities will have to be accredited a DCF approved accrediting body, such TJC, CARF, or the Council on Accreditation.
  • Any (as little as 1%) change in ownership will require full relicensing.
  • The passing rate of compliance during a DCF audit has been raised from 80% to 90%

Clinical

  • Must perform services according to best practices as set by ASAM/SAMHSA.
  • Specific turnaround times are now specified by level of care. For example, a history must be completed within one calendar day of placement at residential or detox levels. A physical must be completed within two days at detox or three days at residential.
  • Groups to be capped to 15 patients

Staffing

  • Medical Directors are being capped at 10 facilities in a 200 mile radius
  • Clinicians’ caseloads are being capped by patients  (15 at RTC/PHP, 50 at IOP)
  • Minimum training for clinical staff now includes a bachelor’s degree with a major in “in counseling, social work, psychology, nursing, rehabilitation, special education, health education, or a related human services field”
  • All nursing support staff are required to be, at a minimum, certified nursing assistants.
  • All owners, clinical supervisors, the CEO, and CFO now subject to level II background screening.

Please keep up to date with this at Florida Administrative Code and Register’s website for the ongoing comment process, and we recommend keeping in touch with organizations such as the Florida Behavioral Health Association, which lobbies on behalf of treatment providers throughout the state. If you have any questions or concerns please reach out to us for support.

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