Fla. Admin. Code Ann. R. 65D-30.0037 - Department Licensing Procedures

(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 incomplete. Where an application is incomplete, the Department shall specify in writing to the applicant the items that are needed to complete the application. Following receipt of the Department's response, the applicant shall have 10 business days to submit the required information to the Department. If the applicant needs additional time to submit the required information, it may request such additional time within five business days of the deadline for submitting the information. Within five business days of receipt of the request, the Department shall approve the request for up to an additional 30 business days. Any renewal applicant that fails to meet these deadlines shall be assessed an additional fee equal to the late fee provided for in Section 397.407(3), F.S., $100 per licensed component for each specific location. If the applicant is seeking a new license and fails to meet these deadlines, the application, excluding all fees, shall be returned to the applicant unprocessed.

(b) Licensing Inspection. The Department may conduct announced or unannounced on-site licensing inspections pursuant to Section 397.411, F.S.

(c) Notifying Providers Regarding Disposition on Licensing. In the case of new and renewal applications, the Department shall give written notice to the applicant as required in Section 120.60(3), F.S., that the Department has granted or denied its application for a license. In the case of new applicants, this shall occur within the 90-day period following receipt of the completed application. In the case of renewal applicants, this shall occur prior to expiration of the current license.

(d) Distribution of Licenses and Notices. For new and renewal applications, the Department shall send providers a written, signed license along with the written notice as described in subparagraph 4 of this section. Additionally, any adverse action by the Department (e.g., issuance of an interim license, license suspension, denial, revocation, fine or moratorium) shall be accompanied by notice of the right of appeal as required by Chapter 120, F.S.

(2) Closing a Licensed Provider. Pursuant to Chapter 120, F.S., providers shall notify the Department in writing at least 90 days prior to ceasing operation. The provider, with the Department's assistance, shall attempt to place all individuals being served in need of care with other providers along with their clinical records and files. The provider shall notify the Department where the clinical records and files of previously discharged individuals are and where they will be stored for the legally required period. A service provider may not engage in patient brokering as established in Section 397.55(2), F.S.

(3) Approval of Overlay Services.

(a) Qualifying as Overlay Services. A provider that is licensed under Chapter 397, F.S., to provide day or night treatment, intensive outpatient treatment, outpatient treatment, aftercare, or intervention is permitted to deliver those component services at locations which are leased or owned by an organization other than the provider, but not by another provider. The aforementioned component services may be delivered under the authority of the provider's current regular license for that component service so that the alternate location will not require a license. To qualify, overlay services shall be provided on a regular or routine basis over time, at an agreed upon location.

(b) Procedure for Approving Overlay Services.

1. The provider shall submit a request to provide overlay services and applicable fee to the Department, including:

a. A description of the services to be provided;

b. The manner in which services will be provided;

c. The number of days each week and the number of hours each day each service will be provided;

d. How services will be supervised; and

e. The location of the services.

2. The Department shall notify the provider within 30 business days of receipt of the request to provide overlay services of its decision to approve or deny the request and, in the case of denial, reasons for denying the request in accordance with subparagraph 3.

3. The Department shall deny the request to provide overlay services if it determines that the provider did not address the specific items in subparagraph 1., or is currently operating under less than a regular license.

4. In cases where the request to provide overlay services is approved, the Department shall clearly specify the licensed component that will be provided as overlay.

(c) Special Requirements.

1. Services delivered at the alternate site must correspond directly to those permitted under the provider's current license.

2. Information on each individual involved in an overlay service must be maintained in a manner that complies with current licensing requirements.

3. Overlay services are subject to all requirements of the corresponding level of licensure and are subject to inspection by the Department.

4. Overlay services may only be provided at the locations specified by the Department in the approval letter.

(4) Licensing of Department of Juvenile Justice Commitment Programs and Detention Facilities. In instances where substance use services are provided within Juvenile Justice Commitment Programs and detention facilities, such services may be provided in accordance with any one (1) of the four (4) conditions described below:

(a) The services must be provided for the appropriate licensable service component as defined in subsection 65D-30.002(17), F.A.C.;

(b) The services must be provided by employees of a service provider licensed under Chapter 397, F.S.;

(c) The services must be provided by employees of the commitment program or detention facility who are qualified professionals licensed under Chapter 458, 459, 490 or 491, F.S.; or

(d) The services must be provided by an individual who is an independent contractor who is licensed under Chapter 458, 459, 490 or 491, F.S.

(5) Licensing of Department of Corrections Inmate Substance Abuse Programs. Inmate substance abuse services shall be provided within inmate facilities operated by or under contract with the Department of Corrections, or Department of Management Services, as specifically provided for in these rules. The inmate facility is licensed under Chapter 397, F.S., in accordance with the requirements in Rule 65D-30.004, F.A.C., and the appropriate component under Rule 65D-30.007, 65D-30.009, 65D-30.0091, 65D-30.010, 65D-30.011, 65D-30.012 or 65D-30.013, F.A.C.

Notes

Fla. Admin. Code Ann. R. 65D-30.0037

Rulemaking Authority 397.321(5) FS. Law Implemented 397.321(6), 397.4014, 397.403, 397.407, 397.410 FS.

Adopted by Florida Register Volume 45, Number 157, August 13, 2019 effective 8/29/2019, Amended by Florida Register Volume 50, Number 197, October 8, 2024 effective 10/20/2024.

New 8-29-19.