Section 59A-11.004 - Investigations and License, Life Safety and Validation Inspections(1) The Agency shall make or cause to be made such inspections and investigations as are necessary to: (a) Assure compliance with the licensure and life safety requirements;(b) Respond to complaints; and,(c) Protect the public health and safety.(2) The Agency shall conduct scheduled periodic inspections of birth centers in order to ensure compliance with all licensure and life safety requirements to the Agency.(3) Non-accredited birth centers. Those birth centers which are not accredited by AAAHC, CABC, or The Joint Commission shall be subject to scheduled licensure and life safety inspections by the Agency. (a) The fee for conducting a licensure inspection shall be $250.(b) The fee for conducting a life safety inspection shall be $250.(4) Accredited Birth Centers. In lieu of licensure inspections, the Agency shall accept the survey report of an accrediting organization if the survey report indicates that the birth center is in compliance with state licensure requirements as required by Chapters 383 and 408, Part II, F.S., and Chapters 59A-11 and 59A-35, F.A.C. (a) Upon receipt of the accrediting organization's survey report, the Agency will review the findings to determine if the center is in compliance with state licensure and safety requirements.(b) The Agency shall notify the birth center within 60 days of the receipt of the accrediting organization's survey report regarding the Agency's determination of the birth center's compliance or non-compliance with state licensure and life safety requirements.(c) Accredited birth centers are subject to scheduled life safety inspections.(d) The fee for conducting a life safety inspection shall be $250.(e) Accredited birth centers shall be subject to licensure inspections under the following circumstances:1. The birth center has been denied accreditation or has received a provisional or conditional accreditation from an accrediting organization on its most recent accreditation survey, and has not submitted an acceptable plan of correction to the accrediting organization and the Agency.2. The birth center has received full accreditation, but has not authorized the release of the report or has not ensured that the Agency received the accrediting organization's survey report prior to the Agency's scheduled survey.(f) If a licensure inspection is required pursuant to paragraph (4)(e), the fee for conducting a licensure inspection shall be $250.(5) Validation Inspection. Every three (3) years, the Agency shall conduct validation inspections of those birth centers that have undergone an accreditation inspection from an approved accrediting organization, to determine ongoing compliance with state licensure requirements. The fee for conducting a validation inspection shall be $250.(6) Complaint investigations. The Agency shall conduct investigations of complaints regarding violations of licensure and life safety standards in accordance with Section 383.324, F.S. Complaint investigations will be unannounced.(7) Conformance with accreditation standards. In all birth centers where the Agency does not conduct a licensure inspection, by reason of the birth center's accreditation status, the birth center shall continue to conform to the standards of accreditation throughout the term of accreditation, or shall notify the Agency of the areas of non-conformance.Fla. Admin. Code Ann. R. 59A-11.004
Rulemaking Authority 383.309, 408.819 FS. Law Implemented 383.324, 408.811 FS.
New 3-4-85, Formerly 10D-90.04, 10D-90.004, Amended 2-12-96, 9-17-96, 5-15-14, Amended by Florida Register Volume 43, Number 105, May 31, 2017 effective 6/15/2017.New 3-4-85, Formerly 10D-90.04, 10D-90.004, Amended 2-12-96, 9-17-96, 5-15-14, 6-15-17.