CS for CS for SB 1120                            First Engrossed
       
       
       
       
       
       
       
       
       20201120e1
       
    1                        A bill to be entitled                      
    2         An act relating to substance abuse services; amending
    3         s. 397.4073, F.S.; requiring, rather than authorizing,
    4         an exemption from disqualification from employment for
    5         certain substance abuse service provider personnel
    6         under certain circumstances; providing that certain
    7         persons may be granted such exemption without a
    8         waiting period under certain circumstances; amending
    9         ss. 397.487 and 397.4871, F.S.; conforming cross
   10         references to changes made by the act; amending s.
   11         397.4872, F.S.; removing the authority of the
   12         Department of Children and Families to grant
   13         exemptions from disqualification under ch. 397, F.S.,
   14         under certain circumstances; removing an obsolete
   15         provision; amending s. 397.4873, F.S.; providing
   16         criminal penalties for violations relating to recovery
   17         residence patient referrals; amending s. 817.505,
   18         F.S.; revising provisions relating to payment
   19         practices exempt from prohibitions on patient
   20         brokering; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (b) of subsection (4) of section
   25  397.4073, Florida Statutes, is amended to read:
   26         397.4073 Background checks of service provider personnel.—
   27         (4) EXEMPTIONS FROM DISQUALIFICATION.—
   28         (b) Since rehabilitated substance abuse impaired persons
   29  are effective in the successful treatment and rehabilitation of
   30  individuals with substance use disorders, For service providers
   31  that which treat adolescents 13 years of age and older, service
   32  provider personnel whose background checks indicate crimes under
   33  s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 817.563, s.
   34  831.01, s. 831.02, s. 893.13, or s. 893.147, and any related
   35  criminal attempt, solicitation, or conspiracy under s. 777.04:,
   36         1. Shall may be exempted from disqualification from
   37  employment for such offenses pursuant to this paragraph if:
   38         a. At least 5 years, or at least 3 years in the case of an
   39  individual seeking certification as a peer specialist under s.
   40  397.417, have elapsed since the applicant requesting an
   41  exemption has completed or has been lawfully released from any
   42  confinement, supervision, or nonmonetary condition imposed by a
   43  court for the applicant’s most recent disqualifying offense
   44  under this paragraph.
   45         b. The applicant for an exemption has not been arrested for
   46  any offense during the 5 years, or 3 years in the case of a peer
   47  specialist, before the request for exemption.
   48         2. May be exempted from disqualification from employment
   49  for such offenses without a waiting period as provided under s.
   50  435.07(2).
   51         Section 2. Subsection (6) of section 397.487, Florida
   52  Statutes, is amended to read:
   53         397.487 Voluntary certification of recovery residences.—
   54         (6) All owners, directors, and chief financial officers of
   55  an applicant recovery residence are subject to level 2
   56  background screening as provided under s. 408.809 and chapter
   57  435. A recovery residence is ineligible for certification, and a
   58  credentialing entity shall deny a recovery residence’s
   59  application, if any owner, director, or chief financial officer
   60  has been found guilty of, or has entered a plea of guilty or
   61  nolo contendere to, regardless of adjudication, any offense
   62  listed in s. 408.809(4) or s. 435.04(2) unless the department
   63  has issued an exemption under s. 435.07 s. 397.4073 or s.
   64  397.4872. In accordance with s. 435.04, the department shall
   65  notify the credentialing agency of an owner’s, director’s, or
   66  chief financial officer’s eligibility based on the results of
   67  his or her background screening.
   68         Section 3. Subsection (5) of section 397.4871, Florida
   69  Statutes, is amended to read:
   70         397.4871 Recovery residence administrator certification.—
   71         (5) All applicants are subject to level 2 background
   72  screening as provided under chapter 435. An applicant is
   73  ineligible, and a credentialing entity shall deny the
   74  application, if the applicant has been found guilty of, or has
   75  entered a plea of guilty or nolo contendere to, regardless of
   76  adjudication, any offense listed in s. 408.809 or s. 435.04(2)
   77  unless the department has issued an exemption under s. 435.07 s.
   78  397.4872. In accordance with s. 435.04, the department shall
   79  notify the credentialing agency of the applicant’s eligibility
   80  based on the results of his or her background screening.
   81         Section 4. Subsections (2) and (3) of section 397.4872,
   82  Florida Statutes, are amended to read:
   83         397.4872 Exemption from disqualification; publication.—
   84         (2) The department may exempt a person from ss. 397.487(6)
   85  and 397.4871(5) if it has been at least 3 years since the person
   86  has completed or been lawfully released from confinement,
   87  supervision, or sanction for the disqualifying offense. An
   88  exemption from the disqualifying offenses may not be given under
   89  any circumstances for any person who is a:
   90         (a) Sexual predator pursuant to s. 775.21;
   91         (b) Career offender pursuant to s. 775.261; or
   92         (c) Sexual offender pursuant to s. 943.0435, unless the
   93  requirement to register as a sexual offender has been removed
   94  pursuant to s. 943.04354.
   95         (2)(3)By April 1, 2016, each credentialing entity shall
   96  submit a list to the department of all recovery residences and
   97  recovery residence administrators certified by the credentialing
   98  entity that hold a valid certificate of compliance. Thereafter,
   99  The credentialing entity must notify the department within 3
  100  business days after a new recovery residence or recovery
  101  residence administrator is certified or a recovery residence or
  102  recovery residence administrator’s certificate expires or is
  103  terminated. The department shall publish on its website a list
  104  of all recovery residences that hold a valid certificate of
  105  compliance. The department shall also publish on its website a
  106  list of all recovery residence administrators who hold a valid
  107  certificate of compliance. A recovery residence or recovery
  108  residence administrator shall be excluded from the list upon
  109  written request to the department by the listed individual or
  110  entity.
  111         Section 5. Present subsections (4), (5), and (6) of section
  112  397.4873, Florida Statutes, are redesignated as subsections (5),
  113  (6), and (7), respectively, a new subsection (4) is added to
  114  that section, and subsection (1) of that section is republished,
  115  to read:
  116         397.4873 Referrals to or from recovery residences;
  117  prohibitions; penalties.—
  118         (1) A service provider licensed under this part may not
  119  make a referral of a prospective, current, or discharged patient
  120  to, or accept a referral of such a patient from, a recovery
  121  residence unless the recovery residence holds a valid
  122  certificate of compliance as provided in s. 397.487 and is
  123  actively managed by a certified recovery residence administrator
  124  as provided in s. 397.4871.
  125         (4)In addition to any other punishment provided by law,
  126  any person who willfully and knowingly violates subsection (1)
  127  commits a misdemeanor of the first degree, punishable as
  128  provided in s. 775.082 or s. 775.083.
  129         Section 6. Paragraph (a) of subsection (3) of section
  130  817.505, Florida Statutes, is amended to read:
  131         817.505 Patient brokering prohibited; exceptions;
  132  penalties.—
  133         (3) This section shall not apply to the following payment
  134  practices:
  135         (a) Any discount, payment, waiver of payment, or payment
  136  practice not prohibited expressly authorized by 42 U.S.C. s.
  137  1320a-7b(b) 42 U.S.C. s. 1320a-7b(b)(3) or regulations
  138  promulgated adopted thereunder.
  139         Section 7. This act shall take effect July 1, 2020.