Section 65H-2.021 - Monitoring(1) The Department will conduct monitoring of certified programs to ensure compliance of the minimum standards as set forth in this rule chapter.(2) The first monitoring of a certified batterers' intervention program may be conducted on-site within six (6) months after initial certification. Thereafter, a certified batterers' intervention program will be monitored annually, through an on-site visit or desk review, as determined by the Department. However, monitoring may occur at any time there is a corrective action or a complaint to the Department.(3) Within 30 calendar days after the monitoring, the provider will receive a written report from the Department indicating whether or not standards have been met.(4) If Department monitoring indicates that a provider has violated or otherwise does not meet the standards set forth in this rule chapter, the provider will be given 30 calendar days from the date of the written report to submit a corrective action plan. The severity of the noncompliance may affect the period of time allowed for correction, but in no event shall the corrective action period exceed 90 days. (a) The proposed corrective action plan must contain all of the following:1. The actions the provider and its staff will take to correct each of the violations identified and to comply with the applicable requirements;2. The name of the staff person(s) responsible for completing each action; and3. A timeframe for accomplishing each action.(b) The Department will reject any proposed corrective action plan that fails to identify all of the information described in paragraph (4)(a) of this rule or reflects a plan of action that does not address the violation(s). If the Department rejects a proposed corrective action plan, the Department shall notify the provider in writing of the reasons for rejection and require the provider to submit an amended corrective action plan addressing the deficiency or deficiencies within five business days of receipt of the Department's notice rejecting the corrective action plan.(c) The provider is responsible for ensuring that the corrective action plan is fully implemented within the timeframes designated in the corrective action plan, which includes documenting in writing all action taken to correct a violation.(5) Failure of the provider to successfully complete the corrective action plan will result in suspension of a program's certification, unless the Department finds that the failure to successfully complete the corrective action plan is due to extraordinary circumstances beyond the provider's reasonable control. However, the Department will suspend a program's certification immediately without allowing a corrective action in cases of recurring violations or intervention approaches contrary to those as set forth in this rule chapter.(6) A provider that is notified by the Department that its certification is suspended for recurring violations, inappropriate intervention approaches, or failure to complete a corrective action may not apply for new certification for a period of one year from the date of suspension and shall not advertise itself as a certified Batterers' Intervention Program during this time.(7) A provider that is notified that its certification is suspended shall comply with the transfer requirements set forth in paragraph 65H-2.016(5)(c), F.A.C., to assist its participants in transferring to a certified batterers' intervention program so that participants receive credit for their attendance at the decertified provider's program.(8) The Department's primary communication with providers will be electronic. Providers shall have the capability to access the internet and to electronically submit certification documentation as required by the Department. Providers shall maintain a functional email address with the capability of receiving attachments and provide that address to the Department for the purposes of certification and monitoring.Fla. Admin. Code Ann. R. 65H-2.021
Rulemaking Authority 741.327 FS. Law Implemented 741.32, 741.325, 741.327 FS.
Adopted by Florida Register Volume 48, Number 164, August 23, 2022 effective 9/4/2022.