25604428, 65DER22-2 - Florida Administrative Rules, Law, Code, Register

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Notice: 25604428

Notice of Emergency Rule

Department:

DEPARTMENT OF CHILDREN AND FAMILIES

Division:

Substance Abuse Program

Overview

RULE:

65DER22-2

Clinical and Operational Standards for Medication-Assisted Treatment for Opioid Use Disorders

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

On May 03, 2017, the Governor of the State of Florida signed an executive order declaring that the opioid epidemic threatens the State of Florida with an emergency. This executive order was extended eleven times. Also, on April 01, 2019, the Governor signed an additional order creating the Statewide Task Force on Opioid Abuse to combat the opioid epidemic. Florida currently ranks second in the nation for overdose deaths, and deaths from a drug overdose increased in Florida by 37 percent from 2019. The Department has determined that the concern in the increase of overdoses and deaths due to opioid use, coinciding with a critical shortage of clinical staff, necessitates revising the methadone treatment procedures. This emergency rule will help address the crisis by reducing staffing and fiscal burdens on providers of medication-assisted treatment for opioid use disorders.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The procedure is fair and necessary under the circumstances because it ensures equitable treatment of medication-assisted treatment providers in enabling them to increase access to care for individuals in the community and decrease chances of opioid related overdoses and deaths. Proposed changes in this emergency rule focus on changing the following: the criteria for methadone take-home privileges, the requirement on conducting face-to-face assessments, and the requirement for counselor caseloads.

SUMMARY:

This rule makes changes to permanent Rule 65D-30.0142, F.A.C., relating to clinical and operational requirements for medication-assisted treatment for opioid use disorders. Changes are necessary to address an immediate danger to the public health by modifying the requirements related to conducting assessment services through telehealth, by adjusting the methadone take-home standards to reflect the current federal regulations, and by expanding the maximum counselor caseloads.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Elizabeth Floyd. Elizabeth Floyd can be reached at Elizabeth.Floyd@myflfamilies.com.

PRINT PUBLISH DATE:

2/24/2022 Vol. 48/38

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=65DER22-2&PDate=2/24/2022&Section=4

REFERENCE MATERIALS:

No reference(s).

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