Florida Regulations 65D-30.0033: License Types
Current as of: 2024 | Check for updates
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(1) Probationary License.
(a) Conditions Permitting Issuance. A probationary license is issued to a new applicant upon completion of all applicable requirements. For providers licensed for the same component at multiple locations, the license will display which service component locations are probationary and which provider locations have a current regular license for that service component.
(b) If all licensure requirements are not met after issuing of a probationary license, a regular license will not be issued. If the applicant continues to pursue licensure, a new application including the applicable fees must be submitted.
(c) Special Requirements Regarding Probationary Licenses. The following special requirements apply regarding new applicants:
1. A new applicant shall refrain from providing non-exempt services until a probationary license is issued;
2. New applicants that lease or purchase any real property during the application process do so at their own risk. Such lease or purchase does not obligate the Department to approve the applicant for licensing; and
3. In instances where an applicant fails to admit individuals for services during the initial probationary period, the Department shall not issue a regular license, even where other standards have been met. If an applicant continues to pursue licensure, the applicant must reapply and pay the associated fees.
4. The Department shall not issue a probationary license when doing so would place the health, safety, or welfare of individuals at risk.
(d) Issuing New Licenses. All licenses issued to a provider shall have the same expiration dates; any additional licenses that are issued to the provider will carry the same expiration date as provider’s existing regular licenses.
(e) Methadone Medication Assisted Treatment for Opioid Use Disorder Addiction Provider Licenses. A methadone medication assisted treatment for opioid use disorder for addiction provider shall not initiate methadone medication assisted treatment during the probationary period, until SAMHSA provisional certification and DEA registration has been issued.
(2) Regular License.
(a) A regular license is valid for a period of 12 months from the date of issuance.
(b) If a regular license replaces a probationary license, the regular license shall be valid for a period of 12 months from the date the probationary license was issued if there are no other licenses issued to the provider.
(c) When a provider has an existing regular license, the regular license replacing a probationary license will carry the same expiration date as the provider’s existing license.
(d) When a regular license replaces an interim license, the anniversary date of the regular license shall not change.
(3) Interim License.
(a) Conditions Permitting Issuance. An interim license will replace a regular license for a period not to exceed 90 days, where the Department finds that any one (1) of the following conditions exist.
1. A facility or component of the provider is in substantial noncompliance with licensing standards. A provider is considered in substantial noncompliance if it is in compliance with less than 80 percent of the licensing standards.
2. The provider has failed to provide proof of compliance with local fire, safety, or health requirements.
3. The provider is involved in license suspension or revocation proceedings.
All components within a facility that are affected shall be listed on the interim license.
(b) Reissuing an Interim License. The Department may reissue an interim license for an additional 90 days at the end of the initial 90-day period in the case of extreme hardship. Extreme hardship is defined as an inability to reach full compliance that cannot be attributed to the provider.
Rulemaking Authority Florida Statutes § 397.321(5). Law Implemented 397.321(6), 397.407, 397.410 FS. History-New 8-29-19, Amended 11-22-22.
Terms Used In Florida Regulations 65D-30.0033
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) If all licensure requirements are not met after issuing of a probationary license, a regular license will not be issued. If the applicant continues to pursue licensure, a new application including the applicable fees must be submitted.
(c) Special Requirements Regarding Probationary Licenses. The following special requirements apply regarding new applicants:
1. A new applicant shall refrain from providing non-exempt services until a probationary license is issued;
2. New applicants that lease or purchase any real property during the application process do so at their own risk. Such lease or purchase does not obligate the Department to approve the applicant for licensing; and
3. In instances where an applicant fails to admit individuals for services during the initial probationary period, the Department shall not issue a regular license, even where other standards have been met. If an applicant continues to pursue licensure, the applicant must reapply and pay the associated fees.
4. The Department shall not issue a probationary license when doing so would place the health, safety, or welfare of individuals at risk.
(d) Issuing New Licenses. All licenses issued to a provider shall have the same expiration dates; any additional licenses that are issued to the provider will carry the same expiration date as provider’s existing regular licenses.
(e) Methadone Medication Assisted Treatment for Opioid Use Disorder Addiction Provider Licenses. A methadone medication assisted treatment for opioid use disorder for addiction provider shall not initiate methadone medication assisted treatment during the probationary period, until SAMHSA provisional certification and DEA registration has been issued.
(2) Regular License.
(a) A regular license is valid for a period of 12 months from the date of issuance.
(b) If a regular license replaces a probationary license, the regular license shall be valid for a period of 12 months from the date the probationary license was issued if there are no other licenses issued to the provider.
(c) When a provider has an existing regular license, the regular license replacing a probationary license will carry the same expiration date as the provider’s existing license.
(d) When a regular license replaces an interim license, the anniversary date of the regular license shall not change.
(3) Interim License.
(a) Conditions Permitting Issuance. An interim license will replace a regular license for a period not to exceed 90 days, where the Department finds that any one (1) of the following conditions exist.
1. A facility or component of the provider is in substantial noncompliance with licensing standards. A provider is considered in substantial noncompliance if it is in compliance with less than 80 percent of the licensing standards.
2. The provider has failed to provide proof of compliance with local fire, safety, or health requirements.
3. The provider is involved in license suspension or revocation proceedings.
All components within a facility that are affected shall be listed on the interim license.
(b) Reissuing an Interim License. The Department may reissue an interim license for an additional 90 days at the end of the initial 90-day period in the case of extreme hardship. Extreme hardship is defined as an inability to reach full compliance that cannot be attributed to the provider.
Rulemaking Authority Florida Statutes § 397.321(5). Law Implemented 397.321(6), 397.407, 397.410 FS. History-New 8-29-19, Amended 11-22-22.