Fla. Admin. Code Ann. R. 65D-30.0034 - Change in Status of License

Current through Reg. 48, No. 66; April 5, 2022

(1) Changing the Status of Licenses. Changes to a provider's license shall be permitted under the following circumstances:
(a) If adding a new site to an existing licensed component, the Department will issue a license which shall indicate a probationary license type for the specific location. Once the provider has satisfied the requirements for a regular license, the Department shall reissue an amended license to reflect the license type as regular. The provider will print the most recent version of the license and display it in a conspicuous, publicly accessible place within each facility;
(b) If a component operating under a regular license is found to be in substantial noncompliance, the Department will amend the license to reflect an interim type at that site. Once the provider has satisfied the requirements of a regular license for that component at the specific site, the Department will reissue a license to reflect a regular license type for that location. For each time the license is issued or reissued by the Department, the provider will print the most recent version of the license and display it in a conspicuous place, publicly accessible within each facility;
(c) A provider's current license shall be amended when a component at a specific site is discontinued. In such cases, the provider shall destroy its current license only after receipt of an amended license. Locations not affected by this provision shall be permitted to continue operation;
(d) Whenever there is a change in a provider's licensed bed capacity equal to or greater than 10 percent, the provider shall notify the Department within 24 hours of the change. The Department shall issue an amended license to the provider within 30 business days of receipt of notice;
(e) When there is a change in a provider's status regarding accreditation, the provider shall notify the Department in writing within five (5) business days of such change. In instances, where the change in status will adversely affect the provider's license or requires other sanctions, the Department shall notify the provider within 30 business days of receipt of the notice of the Department's pending action; and
(f) Any change in the name of a facility that remains under the same ownership and management shall be submitted in writing to the regional office within 30 days prior to the effective date of the change. Upon receipt of the notification, the regional office will issue a letter confirming receipt of the notification along with a replacement license listing the correct facility name. Following failure to provide such notification to the regional office, the Department shall issue the administrative penalty as established in subsection 65D-30.0038(6), F.A.C.
(2) License Non-transferable. In addition to section 397.407(6), F.S., an acquisition of a majority of ownership shall require the submission of a new application for each component affected. A change in ownership of less than a majority of the ownership interest in a licensed entity only requires submittal of a local and Level 2 background check. All owners shall be screened according to the level 2 screening requirements of chapter 435, F.S.
(a) Licenses are not transferable:
1. Where an individual, a legal entity or an organizational entity, acquires an already licensed provider or site as described herein; or
2. Where a provider relocates or a component of a provider is relocated or the address where services are rendered changes.
(b) Submitting Applications. A completed "Application for Licensure to Provide Substance Use Services," CF-MH Form 4024, July 2019, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10903, shall be submitted to the Department at least 30 days prior to acquisition or relocation. In lieu of the paper "Application for Licensure to Provide Substance Use Services," the applicant may complete an on-line process through the Department's statewide electronic system specific to licensure, which can be accessed at http://www.myflfamilies.com/service-programs/substance-abuse/licensure-regulation. The online application, CF-MH Form 4024a, July 2019, is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10902. The "Treatment Resource Attestation," CF-MH 4055, July 2019, which is referenced in form CF-MH 4024, is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10905.
1. Acquisition. An entity shall submit an Application for Licensing to Provide Substance Abuse Treatment Services to the Department 30 days prior to a change in controlling ownership as defined in this rule of the licensed provider or of the contractual management entity. Failure to register the provider and submit an application 30 days prior to a change will result in the invalidation of the provider's license or site, provided that the change in ownership occurs, effective the date of the action changing the control of ownership or management. In addition to the application, online application or C&F-SA Form 4024, Nov 2017, the applicant shall be required to submit all items as required in subsection 65D-30.0036(1), F.A.C. When the application is considered complete, the Department shall issue a probationary license.
2. Relocation. In addition to an Application for Licensing to Provide Substance Abuse Treatment Services, if there is no change in the provider's services, the provider shall only be required to provide proof of general liability insurance coverage and compliance with local fire and safety standards established by the State Fire Marshal, health codes, appropriate zoning, and occupational license/business tax receipt. If there is a change in the provider's services, the provider shall be required to submit all items as required in subsection 65D-30.0036(1), F.A.C. In this latter case, when the Department determines the application to be complete, the Department shall issue a probationary license. A regular license will not be issued if relocating during a probationary period, and the applicant must re-apply.
3. Temporary Relocation. A provider may temporarily relocate services when an evacuation is necessary in order to protect the health, safety, and welfare of individual's being served.
a. Information on the emergency circumstances requiring temporary relocation of services and options to transfer individuals to another provider shall be made available to individuals in treatment, prior to any emergency action taken by the provider, and acknowledgement of the information shall be documented in the clinical record. The provider shall discharge individuals who can be safely discharged.
b. The provider must notify the Regional Substance Abuse and Mental Health Office by phone or electronic mail within five (5) business days of relocation.
c. If the temporary relocation exceeds 30 business days, prior approval is required by the Regional Substance Abuse and Mental Health Program Office. The provider shall submit a written request to the Department, including justification for the temporary relocation, the beginning and ending dates of the temporary relocation, and a plan for the transfer of any individuals to other providers. The regional office shall approve written requests containing the required information. The regional office shall send a written approval or denial to the provider.
d. During temporary relocation, a provider must deliver or arrange for appropriate care and services to all individuals.

Notes

Fla. Admin. Code Ann. R. 65D-30.0034

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

Adopted by Florida Register Volume 45, Number 157, August 13, 2019 effective 8/29/2019.

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.