Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. PCS (195908) for SB 7012
       
       
       
       
       
       
                                Ì661030`Î661030                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/28/2020           .                                
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       The Committee on Appropriations (Book) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 267 - 721
    4  and insert:
    5         Section 4. Present subsections (10) through (48) of section
    6  394.455, Florida Statutes, are redesignated as subsections (11)
    7  through (49), respectively, a new subsection (10) is added to
    8  that section, and present subsection (28) of that section is
    9  amended, to read:
   10         394.455 Definitions.—As used in this part, the term:
   11         (10)“Coordinated specialty care program” means an
   12  evidence-based program for individuals who are experiencing the
   13  early indications of serious mental illness, especially symptoms
   14  of a first psychotic episode, and which includes, but is not
   15  limited to, intensive case management, individual or group
   16  therapy, supported employment, family education and supports,
   17  and the provision of appropriate psychotropic medication as
   18  needed.
   19         (29)(28) “Mental illness” means an impairment of the mental
   20  or emotional processes that exercise conscious control of one’s
   21  actions or of the ability to perceive or understand reality,
   22  which impairment substantially interferes with the person’s
   23  ability to meet the ordinary demands of living. For the purposes
   24  of this part, the term does not include a developmental
   25  disability as defined in chapter 393, intoxication, or
   26  conditions manifested only by dementia, traumatic brain injury,
   27  antisocial behavior, or substance abuse.
   28         Section 5. Section 394.4573, Florida Statutes, is amended
   29  to read:
   30         394.4573 Coordinated system of care; annual assessment;
   31  essential elements; measures of performance; system improvement
   32  grants; reports.—On or before December 1 of each year, the
   33  department shall submit to the Governor, the President of the
   34  Senate, and the Speaker of the House of Representatives an
   35  assessment of the behavioral health services in this state. The
   36  assessment shall consider, at a minimum, the extent to which
   37  designated receiving systems function as no-wrong-door models,
   38  the availability of treatment and recovery services that use
   39  recovery-oriented and peer-involved approaches, the availability
   40  of less-restrictive services, and the use of evidence-informed
   41  practices. The assessment must also consider the availability of
   42  and access to coordinated specialty care programs and identify
   43  any gaps in the availability of and access to such programs in
   44  the state. The department’s assessment shall consider, at a
   45  minimum, the needs assessments conducted by the managing
   46  entities pursuant to s. 394.9082(5). Beginning in 2017, the
   47  department shall compile and include in the report all plans
   48  submitted by managing entities pursuant to s. 394.9082(8) and
   49  the department’s evaluation of each plan.
   50         (1) As used in this section:
   51         (a) “Care coordination” means the implementation of
   52  deliberate and planned organizational relationships and service
   53  procedures that improve the effectiveness and efficiency of the
   54  behavioral health system by engaging in purposeful interactions
   55  with individuals who are not yet effectively connected with
   56  services to ensure service linkage. Examples of care
   57  coordination activities include development of referral
   58  agreements, shared protocols, and information exchange
   59  procedures. The purpose of care coordination is to enhance the
   60  delivery of treatment services and recovery supports and to
   61  improve outcomes among priority populations.
   62         (b) “Case management” means those direct services provided
   63  to a client in order to assess his or her needs, plan or arrange
   64  services, coordinate service providers, link the service system
   65  to a client, monitor service delivery, and evaluate patient
   66  outcomes to ensure the client is receiving the appropriate
   67  services.
   68         (c) “Coordinated system of care” means the full array of
   69  behavioral and related services in a region or community offered
   70  by all service providers, whether participating under contract
   71  with the managing entity or by another method of community
   72  partnership or mutual agreement.
   73         (d) “No-wrong-door model” means a model for the delivery of
   74  acute care services to persons who have mental health or
   75  substance use disorders, or both, which optimizes access to
   76  care, regardless of the entry point to the behavioral health
   77  care system.
   78         (2) The essential elements of a coordinated system of care
   79  include:
   80         (a) Community interventions, such as prevention, primary
   81  care for behavioral health needs, therapeutic and supportive
   82  services, crisis response services, and diversion programs.
   83         (b) A designated receiving system that consists of one or
   84  more facilities serving a defined geographic area and
   85  responsible for assessment and evaluation, both voluntary and
   86  involuntary, and treatment or triage of patients who have a
   87  mental health or substance use disorder, or co-occurring
   88  disorders.
   89         1. A county or several counties shall plan the designated
   90  receiving system using a process that includes the managing
   91  entity and is open to participation by individuals with
   92  behavioral health needs and their families, service providers,
   93  law enforcement agencies, and other parties. The county or
   94  counties, in collaboration with the managing entity, shall
   95  document the designated receiving system through written
   96  memoranda of agreement or other binding arrangements. The county
   97  or counties and the managing entity shall complete the plan and
   98  implement the designated receiving system by July 1, 2017, and
   99  the county or counties and the managing entity shall review and
  100  update, as necessary, the designated receiving system at least
  101  once every 3 years.
  102         2. To the extent permitted by available resources, the
  103  designated receiving system shall function as a no-wrong-door
  104  model. The designated receiving system may be organized in any
  105  manner which functions as a no-wrong-door model that responds to
  106  individual needs and integrates services among various
  107  providers. Such models include, but are not limited to:
  108         a. A central receiving system that consists of a designated
  109  central receiving facility that serves as a single entry point
  110  for persons with mental health or substance use disorders, or
  111  co-occurring disorders. The central receiving facility shall be
  112  capable of assessment, evaluation, and triage or treatment or
  113  stabilization of persons with mental health or substance use
  114  disorders, or co-occurring disorders.
  115         b. A coordinated receiving system that consists of multiple
  116  entry points that are linked by shared data systems, formal
  117  referral agreements, and cooperative arrangements for care
  118  coordination and case management. Each entry point shall be a
  119  designated receiving facility and shall, within existing
  120  resources, provide or arrange for necessary services following
  121  an initial assessment and evaluation.
  122         c. A tiered receiving system that consists of multiple
  123  entry points, some of which offer only specialized or limited
  124  services. Each service provider shall be classified according to
  125  its capabilities as either a designated receiving facility or
  126  another type of service provider, such as a triage center, a
  127  licensed detoxification facility, or an access center. All
  128  participating service providers shall, within existing
  129  resources, be linked by methods to share data, formal referral
  130  agreements, and cooperative arrangements for care coordination
  131  and case management.
  132  
  133  An accurate inventory of the participating service providers
  134  which specifies the capabilities and limitations of each
  135  provider and its ability to accept patients under the designated
  136  receiving system agreements and the transportation plan
  137  developed pursuant to this section shall be maintained and made
  138  available at all times to all first responders in the service
  139  area.
  140         (c) Transportation in accordance with a plan developed
  141  under s. 394.462.
  142         (d) Crisis services, including mobile response teams,
  143  crisis stabilization units, addiction receiving facilities, and
  144  detoxification facilities.
  145         (e) Case management. Each case manager or person directly
  146  supervising a case manager who provides Medicaid-funded targeted
  147  case management services shall hold a valid certification from a
  148  department-approved credentialing entity as defined in s.
  149  397.311(10) by July 1, 2017, and, thereafter, within 6 months
  150  after hire.
  151         (f) Care coordination that involves coordination with other
  152  local systems and entities, public and private, which are
  153  involved with the individual, such as primary care, child
  154  welfare, behavioral health care, and criminal and juvenile
  155  justice organizations.
  156         (g) Outpatient services.
  157         (h) Residential services.
  158         (i) Hospital inpatient care.
  159         (j) Aftercare and other postdischarge services.
  160         (k) Medication-assisted treatment and medication
  161  management.
  162         (l) Recovery support, including, but not limited to,
  163  support for competitive employment, educational attainment,
  164  independent living skills development, family support and
  165  education, wellness management and self-care, and assistance in
  166  obtaining housing that meets the individual’s needs. Such
  167  housing may include mental health residential treatment
  168  facilities, limited mental health assisted living facilities,
  169  adult family care homes, and supportive housing. Housing
  170  provided using state funds must provide a safe and decent
  171  environment free from abuse and neglect.
  172         (m) Care plans shall assign specific responsibility for
  173  initial and ongoing evaluation of the supervision and support
  174  needs of the individual and the identification of housing that
  175  meets such needs. For purposes of this paragraph, the term
  176  “supervision” means oversight of and assistance with compliance
  177  with the clinical aspects of an individual’s care plan.
  178         (n)Coordinated specialty care programs.
  179         (3) SYSTEM IMPROVEMENT GRANTS.—Subject to a specific
  180  appropriation by the Legislature, the department may award
  181  system improvement grants to managing entities based on a
  182  detailed plan to enhance services in accordance with the no
  183  wrong-door model as defined in subsection (1) and to address
  184  specific needs identified in the assessment prepared by the
  185  department pursuant to this section. Such a grant must be
  186  awarded through a performance-based contract that links payments
  187  to the documented and measurable achievement of system
  188  improvements.
  189         Section 6. Subsection (3) of section 394.463, Florida
  190  Statutes, is amended to read:
  191         394.463 Involuntary examination.—
  192         (3) NOTICE OF RELEASE.—Notice of the release shall be given
  193  to the patient’s guardian or representative, to any person who
  194  executed a certificate admitting the patient to the receiving
  195  facility, and to any court which ordered the patient’s
  196  evaluation. If the patient is a minor, information regarding the
  197  availability of a local mobile response service, suicide
  198  prevention resources, social supports, and local self-help
  199  groups must also be provided to the patient’s guardian or
  200  representative along with the notice of the release.
  201         Section 7. Paragraph (b) of subsection (1) of section
  202  394.658, Florida Statutes, is amended to read:
  203         394.658 Criminal Justice, Mental Health, and Substance
  204  Abuse Reinvestment Grant Program requirements.—
  205         (1) The Criminal Justice, Mental Health, and Substance
  206  Abuse Statewide Grant Review Committee, in collaboration with
  207  the Department of Children and Families, the Department of
  208  Corrections, the Department of Juvenile Justice, the Department
  209  of Elderly Affairs, and the Office of the State Courts
  210  Administrator, shall establish criteria to be used to review
  211  submitted applications and to select the county that will be
  212  awarded a 1-year planning grant or a 3-year implementation or
  213  expansion grant. A planning, implementation, or expansion grant
  214  may not be awarded unless the application of the county meets
  215  the established criteria.
  216         (b) The application criteria for a 3-year implementation or
  217  expansion grant shall require information from a county that
  218  demonstrates its completion of a well-established collaboration
  219  plan that includes public-private partnership models and the
  220  application of evidence-based practices. The implementation or
  221  expansion grants may support programs and diversion initiatives
  222  that include, but need not be limited to:
  223         1. Mental health courts;
  224         2. Diversion programs;
  225         3. Alternative prosecution and sentencing programs;
  226         4. Crisis intervention teams;
  227         5. Treatment accountability services;
  228         6. Specialized training for criminal justice, juvenile
  229  justice, and treatment services professionals;
  230         7. Service delivery of collateral services such as housing,
  231  transitional housing, and supported employment; and
  232         8. Reentry services to create or expand mental health and
  233  substance abuse services and supports for affected persons; and
  234         9.Coordinated specialty care programs.
  235         Section 8. Present subsections (3) through (24) of section
  236  394.67, Florida Statutes, are redesignated as subsections (4)
  237  through (25), respectively, a new subsection (3) is added to
  238  that section, and present subsection (3) is amended, to read:
  239         394.67 Definitions.—As used in this part, the term:
  240         (3)“Coordinated specialty care program” means an evidence
  241  based program for individuals who are experiencing the early
  242  indications of serious mental illness, especially symptoms of a
  243  first psychotic episode, and which includes, but is not limited
  244  to, intensive case management, individual or group therapy,
  245  supported employment, family education and supports, and the
  246  provision of appropriate psychotropic medication as needed.
  247         (4)(3) “Crisis services” means short-term evaluation,
  248  stabilization, and brief intervention services provided to a
  249  person who is experiencing an acute mental or emotional crisis,
  250  as defined in subsection (18) (17), or an acute substance abuse
  251  crisis, as defined in subsection (19) (18), to prevent further
  252  deterioration of the person’s mental health. Crisis services are
  253  provided in settings such as a crisis stabilization unit, an
  254  inpatient unit, a short-term residential treatment program, a
  255  detoxification facility, or an addictions receiving facility; at
  256  the site of the crisis by a mobile crisis response team; or at a
  257  hospital on an outpatient basis.
  258         Section 9. Paragraph (a) of subsection (26) of section
  259  397.311, Florida Statutes, is amended to read:
  260         397.311 Definitions.—As used in this chapter, except part
  261  VIII, the term:
  262         (26) Licensed service components include a comprehensive
  263  continuum of accessible and quality substance abuse prevention,
  264  intervention, and clinical treatment services, including the
  265  following services:
  266         (a) “Clinical treatment” means a professionally directed,
  267  deliberate, and planned regimen of services and interventions
  268  that are designed to reduce or eliminate the misuse of drugs and
  269  alcohol and promote a healthy, drug-free lifestyle. As defined
  270  by rule, “clinical treatment services” include, but are not
  271  limited to, the following licensable service components:
  272         1. “Addictions receiving facility” is a secure, acute care
  273  facility that provides, at a minimum, detoxification and
  274  stabilization services; is operated 24 hours per day, 7 days per
  275  week; and is designated by the department to serve individuals
  276  found to be substance use impaired as described in s. 397.675
  277  who meet the placement criteria for this component.
  278         2. “Day or night treatment” is a service provided in a
  279  nonresidential environment, with a structured schedule of
  280  treatment and rehabilitative services.
  281         3. “Day or night treatment with community housing” means a
  282  program intended for individuals who can benefit from living
  283  independently in peer community housing while participating in
  284  treatment services for a minimum of 5 hours a day for a minimum
  285  of 25 hours per week.
  286         4. “Detoxification” is a service involving subacute care
  287  that is provided on an inpatient or an outpatient basis to
  288  assist individuals to withdraw from the physiological and
  289  psychological effects of substance abuse and who meet the
  290  placement criteria for this component.
  291         5. “Intensive inpatient treatment” includes a planned
  292  regimen of evaluation, observation, medical monitoring, and
  293  clinical protocols delivered through an interdisciplinary team
  294  approach provided 24 hours per day, 7 days per week, in a highly
  295  structured, live-in environment.
  296         6. “Intensive outpatient treatment” is a service that
  297  provides individual or group counseling in a more structured
  298  environment, is of higher intensity and duration than outpatient
  299  treatment, and is provided to individuals who meet the placement
  300  criteria for this component.
  301         7. “Medication-assisted treatment for opioid use disorders
  302  opiate addiction” is a service that uses methadone or other
  303  medication as authorized by state and federal law, in
  304  combination with medical, rehabilitative, supportive, and
  305  counseling services in the treatment of individuals who are
  306  dependent on opioid drugs.
  307         8. “Outpatient treatment” is a service that provides
  308  individual, group, or family counseling by appointment during
  309  scheduled operating hours for individuals who meet the placement
  310  criteria for this component.
  311         9. “Residential treatment” is a service provided in a
  312  structured live-in environment within a nonhospital setting on a
  313  24-hours-per-day, 7-days-per-week basis, and is intended for
  314  individuals who meet the placement criteria for this component.
  315         Section 10. Subsection (16) of section 397.321, Florida
  316  Statutes, is amended to read:
  317         397.321 Duties of the department.—The department shall:
  318         (16) Develop a certification process by rule for community
  319  substance abuse prevention coalitions.
  320         Section 11. Section 397.4012, Florida Statutes, is amended
  321  to read:
  322         397.4012 Exemptions from licensure.—The following are
  323  exempt from the licensing provisions of this chapter:
  324         (1) A hospital or hospital-based component licensed under
  325  chapter 395.
  326         (2) A nursing home facility as defined in s. 400.021.
  327         (3) A substance abuse education program established
  328  pursuant to s. 1003.42.
  329         (4) A facility or institution operated by the Federal
  330  Government.
  331         (5) A physician or physician assistant licensed under
  332  chapter 458 or chapter 459.
  333         (6) A psychologist licensed under chapter 490.
  334         (7) A social worker, marriage and family therapist, or
  335  mental health counselor licensed under chapter 491.
  336         (8) A legally cognizable church or nonprofit religious
  337  organization or denomination providing substance abuse services,
  338  including prevention services, which are solely religious,
  339  spiritual, or ecclesiastical in nature. A church or nonprofit
  340  religious organization or denomination providing any of the
  341  licensed service components itemized under s. 397.311(26) is not
  342  exempt from substance abuse licensure but retains its exemption
  343  with respect to all services which are solely religious,
  344  spiritual, or ecclesiastical in nature.
  345         (9) Facilities licensed under chapter 393 which, in
  346  addition to providing services to persons with developmental
  347  disabilities, also provide services to persons developmentally
  348  at risk as a consequence of exposure to alcohol or other legal
  349  or illegal drugs while in utero.
  350         (10) DUI education and screening services provided pursuant
  351  to ss. 316.192, 316.193, 322.095, 322.271, and 322.291. Persons
  352  or entities providing treatment services must be licensed under
  353  this chapter unless exempted from licensing as provided in this
  354  section.
  355         (11) A facility licensed under s. 394.875 as a crisis
  356  stabilization unit.
  357  
  358  The exemptions from licensure in subsections (3), (4), (8), (9),
  359  and (10) this section do not apply to any service provider that
  360  receives an appropriation, grant, or contract from the state to
  361  operate as a service provider as defined in this chapter or to
  362  any substance abuse program regulated under pursuant to s.
  363  397.4014. Furthermore, this chapter may not be construed to
  364  limit the practice of a physician or physician assistant
  365  licensed under chapter 458 or chapter 459, a psychologist
  366  licensed under chapter 490, a psychotherapist licensed under
  367  chapter 491, or an advanced practice registered nurse licensed
  368  under part I of chapter 464, who provides substance abuse
  369  treatment, so long as the physician, physician assistant,
  370  psychologist, psychotherapist, or advanced practice registered
  371  nurse does not represent to the public that he or she is a
  372  licensed service provider and does not provide services to
  373  individuals under pursuant to part V of this chapter. Failure to
  374  comply with any requirement necessary to maintain an exempt
  375  status under this section is a misdemeanor of the first degree,
  376  punishable as provided in s. 775.082 or s. 775.083.
  377         Section 12. Section 456.0342, Florida Statutes, is created
  378  to read:
  379         456.0342 Required instruction on suicide prevention.—The
  380  requirements of this section apply to each person licensed or
  381  certified under chapter 458, chapter 459, or part I of chapter
  382  464.
  383         (1) By January 1, 2022, each licensed or certified
  384  practitioner shall complete a board-approved 2-hour continuing
  385  education course on suicide prevention. The course must address
  386  suicide risk assessment, treatment, and management.
  387         (2)Each licensing board that requires a licensee or
  388  certificateholder to complete a course pursuant to this section
  389  must include the hours required for completion in the total
  390  hours of continuing education required by law for such
  391  profession.
  392         Section 13. Section 786.1516, Florida Statutes, is created
  393  to read:
  394         786.1516 Immunity for providing assistance in a suicide
  395  emergency.—
  396         (1) As used in this section, the term:
  397         (a) “Emergency care” means assistance or advice offered to
  398  avoid, mitigate, or attempt to mitigate the effects of a suicide
  399  emergency.
  400         (b) “Suicide emergency” means an occurrence that reasonably
  401  indicates an individual is at risk of dying or attempting to die
  402  by suicide.
  403         (2) A person who provides emergency care at or near the
  404  scene of a suicide emergency, gratuitously and in good faith, is
  405  not liable for any civil damages or penalties as a result of any
  406  act or omission by the person providing the emergency care
  407  unless the person is grossly negligent or caused the suicide
  408  emergency.
  409         Section 14. Subsection (14) of section 916.106, Florida
  410  Statutes, is amended to read:
  411         916.106 Definitions.—For the purposes of this chapter, the
  412  term:
  413         (14) “Mental illness” means an impairment of the emotional
  414  processes that exercise conscious control of one’s actions, or
  415  of the ability to perceive or understand reality, which
  416  impairment substantially interferes with the defendant’s ability
  417  to meet the ordinary demands of living. For the purposes of this
  418  chapter, the term does not apply to defendants who have only an
  419  intellectual disability or autism or a defendant with traumatic
  420  brain injury or dementia who lacks a co-occurring mental
  421  illness, and does not include intoxication or conditions
  422  manifested only by antisocial behavior or substance abuse
  423  impairment.
  424         Section 15. Subsection (2) of section 916.13, Florida
  425  Statutes, is amended to read:
  426         916.13 Involuntary commitment of defendant adjudicated
  427  incompetent.—
  428         (2) A defendant who has been charged with a felony, and who
  429  has been adjudicated incompetent to proceed due to mental
  430  illness, and who meets the criteria for involuntary commitment
  431  under this chapter, may be committed to the department, and the
  432  department shall retain and treat the defendant. Within 2
  433  business days after receipt of a commitment order and other
  434  required documents as stipulated in rule, the department must
  435  request from the jail any and all medical information pertaining
  436  to the defendant. Within 3 business days after receipt of such a
  437  request, the jail shall provide such information to the
  438  department.
  439         (a) Within 6 months after the date of admission and at the
  440  end of any period of extended commitment, or at any time the
  441  administrator or his or her designee determines that the
  442  defendant has regained competency to proceed or no longer meets
  443  the criteria for continued commitment, the administrator or
  444  designee shall file a report with the court pursuant to the
  445  applicable Florida Rules of Criminal Procedure.
  446         (b) A competency hearing must shall be held within 30 days
  447  after the court receives notification that the defendant is
  448  competent to proceed or no longer meets the criteria for
  449  continued commitment. The defendant must be transported to the
  450  committing court’s jurisdiction for the hearing. If the
  451  defendant is receiving psychotropic medication at a mental
  452  health facility at the time he or she is discharged and
  453  transferred to the jail, the administering of such medication
  454  must continue unless the jail physician documents the need to
  455  change or discontinue it. The jail and department physicians
  456  shall collaborate to ensure that medication changes do not
  457  adversely affect the defendant’s mental health status or his or
  458  her ability to continue with court proceedings; however, the
  459  final authority regarding the administering of medication to an
  460  inmate in jail rests with the jail physician.
  461         Section 16. Subsections (3) and (5) of section 916.15,
  462  Florida Statutes, are amended to read:
  463         916.15 Involuntary commitment of defendant adjudicated not
  464  guilty by reason of insanity.—
  465         (3) Every defendant acquitted of criminal charges by reason
  466  of insanity and found to meet the criteria for involuntary
  467  commitment may be committed and treated in accordance with the
  468  provisions of this section and the applicable Florida Rules of
  469  Criminal Procedure. The department shall admit a defendant so
  470  adjudicated to an appropriate facility or program for treatment
  471  and shall retain and treat such defendant. No later than 6
  472  months after the date of admission, prior to the end of any
  473  period of extended commitment, or at any time that the
  474  administrator or his or her designee determines shall have
  475  determined that the defendant no longer meets the criteria for
  476  continued commitment placement, the administrator or designee
  477  shall file a report with the court pursuant to the applicable
  478  Florida Rules of Criminal Procedure. Within 2 business days
  479  after receipt of a commitment order and other required documents
  480  as stipulated in rule, the department must request from the jail
  481  any and all medical information pertaining to the defendant.
  482  Within 3 business days after receipt of such a request, the jail
  483  shall provide such information to the department.
  484         (5) The commitment hearing shall be held within 30 days
  485  after the court receives notification that the defendant no
  486  longer meets the criteria for continued commitment. The
  487  defendant must be transported to the committing court’s
  488  jurisdiction for the hearing. If the defendant is receiving
  489  psychotropic medication at a mental health facility at the time
  490  he or she is discharged and transferred to the jail, the
  491  administering of such medication must continue unless the jail
  492  physician documents the need to change or discontinue it. The
  493  jail and department physicians shall collaborate to ensure that
  494  medication changes do not adversely affect the defendant’s
  495  mental health status or his or her ability to continue with
  496  court proceedings; however, the final authority regarding the
  497  administering of medication to an inmate in jail rests with the
  498  jail physician.
  499         Section 17. Present subsection (28) of section 1002.33,
  500  Florida Statutes, is redesignated as subsection (29), and a new
  501  subsection (28) is added to that section, to read:
  502         1002.33 Charter schools.—
  503         (28) CONTINUING EDUCATION AND INSERVICE TRAINING FOR YOUTH
  504  SUICIDE AWARENESS AND PREVENTION.—
  505         (a) By October 1, 2020, every charter school must:
  506         1. Incorporate 2 hours of training offered pursuant to s.
  507  1012.583. The training must be included in the existing
  508  continuing education or inservice training requirements for
  509  instructional personnel and may not add to the total hours
  510  currently required by the department. Every charter school must
  511  require all instructional personnel to participate.
  512         2. Have at least two school-based staff members certified
  513  or otherwise deemed competent in the use of a suicide screening
  514  instrument approved under s. 1012.583(1) and have a policy to
  515  use such suicide risk screening instrument to evaluate a
  516  student’s suicide risk before requesting the initiation of, or
  517  initiating, an involuntary examination due to concerns about
  518  that student’s suicide risk.
  519         (b) Every charter school must report its compliance with
  520  this subsection to the department.
  521         Section 18. Subsections (2) and (3) of section 1012.583,
  522  Florida Statutes, are amended to read:
  523         1012.583 Continuing education and inservice training for
  524  youth suicide awareness and prevention.—
  525         (2) By October 1, 2020, every public school must A school
  526  shall be considered a “Suicide Prevention Certified School” if
  527  it:
  528         (a) Incorporate Incorporates 2 hours of training offered
  529  pursuant to this section. The training must be included in the
  530  existing continuing education or inservice training requirements
  531  for instructional personnel and may not add to the total hours
  532  currently required by the department. Every public school A
  533  school that chooses to participate in the training must require
  534  all instructional personnel to participate.
  535         (b) Have Has at least two school-based staff members
  536  certified or otherwise deemed competent in the use of a suicide
  537  screening instrument approved under subsection (1) and have has
  538  a policy to use such suicide risk screening instrument to
  539  evaluate a student’s suicide risk before requesting the
  540  initiation of, or initiating, an involuntary examination due to
  541  concerns about that student’s suicide risk.
  542         (3) Every public school A school that meets the criteria in
  543  subsection (2) must report its compliance with this section to
  544  the department. The department shall keep an updated record of
  545  all Suicide Prevention Certified Schools and shall post the list
  546  of these schools on the department’s website. Each school shall
  547  also post on its own website whether it is a Suicide Prevention
  548  Certified School, and each school district shall post on its
  549  district website a list of the Suicide Prevention Certified
  550  Schools in that district.
  551         Section 19. Paragraph (a) of subsection (3) of section
  552  39.407, Florida Statutes, is amended to read:
  553         39.407 Medical, psychiatric, and psychological examination
  554  and treatment of child; physical, mental, or substance abuse
  555  examination of person with or requesting child custody.—
  556         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
  557  or paragraph (e), before the department provides psychotropic
  558  medications to a child in its custody, the prescribing physician
  559  or a psychiatric nurse, as defined in s. 394.455, shall attempt
  560  to obtain express and informed consent, as defined in s.
  561  394.455(16) s. 394.455(15) and as described in s. 394.459(3)(a),
  562  from the child’s parent or legal guardian. The department must
  563  take steps necessary to facilitate the inclusion of the parent
  564  in the child’s consultation with the physician or psychiatric
  565  nurse, as defined in s. 394.455. However, if the parental rights
  566  of the parent have been terminated, the parent’s location or
  567  identity is unknown or cannot reasonably be ascertained, or the
  568  parent declines to give express and informed consent, the
  569  department may, after consultation with the prescribing
  570  physician or psychiatric nurse, as defined in s. 394.455, seek
  571  court authorization to provide the psychotropic medications to
  572  the child. Unless parental rights have been terminated and if it
  573  is possible to do so, the department shall continue to involve
  574  the parent in the decisionmaking process regarding the provision
  575  of psychotropic medications. If, at any time, a parent whose
  576  parental rights have not been terminated provides express and
  577  informed consent to the provision of a psychotropic medication,
  578  the requirements of this section that the department seek court
  579  authorization do not apply to that medication until such time as
  580  the parent no longer consents.
  581         2. Any time the department seeks a medical evaluation to
  582  determine the need to initiate or continue a psychotropic
  583  medication for a child, the department must provide to the
  584  evaluating physician or psychiatric nurse, as defined in s.
  585  394.455, all pertinent medical information known to the
  586  department concerning that child.
  587         Section 20. Subsection (3) of section 394.495, Florida
  588  Statutes, are amended to read:
  589         394.495 Child and adolescent mental health system of care;
  590  programs and services.—
  591         (3) Assessments must be performed by:
  592         (a) A professional as defined in s. 394.455(5), (7), (33)
  593  (32), (36) (35), or (37) (36);
  594         (b) A professional licensed under chapter 491; or
  595         (c) A person who is under the direct supervision of a
  596  qualified professional as defined in s. 394.455(5), (7), (33)
  597  (32), (36) (35), or (37) (36) or a professional licensed under
  598  chapter 491.
  599         Section 21. Subsection (5) of section 394.496, Florida
  600  Statutes, is amended to read:
  601         394.496 Service planning.—
  602         (5) A professional as defined in s. 394.455(5), (7), (33)
  603  (32), (36) (35), or (37) (36) or a professional licensed under
  604  chapter 491 must be included among those persons developing the
  605  services plan.
  606         Section 22. Paragraph (a) of subsection (1) of section
  607  394.674, Florida Statutes, is amended to read:
  608         394.674 Eligibility for publicly funded substance abuse and
  609  mental health services; fee collection requirements.—
  610         (1) To be eligible to receive substance abuse and mental
  611  health services funded by the department, an individual must be
  612  a member of at least one of the department’s priority
  613  populations approved by the Legislature. The priority
  614  populations include:
  615         (a) For adult mental health services:
  616         1. Adults who have severe and persistent mental illness, as
  617  designated by the department using criteria that include
  618  severity of diagnosis, duration of the mental illness, ability
  619  to independently perform activities of daily living, and receipt
  620  of disability income for a psychiatric condition. Included
  621  within this group are:
  622         a. Older adults in crisis.
  623         b. Older adults who are at risk of being placed in a more
  624  restrictive environment because of their mental illness.
  625         c. Persons deemed incompetent to proceed or not guilty by
  626  reason of insanity under chapter 916.
  627         d. Other persons involved in the criminal justice system.
  628         e. Persons diagnosed as having co-occurring mental illness
  629  and substance abuse disorders.
  630         2. Persons who are experiencing an acute mental or
  631  emotional crisis as defined in s. 394.67(18) s. 394.67(17).
  632         Section 23. Subsection (3) of section 394.74, Florida
  633  Statutes, is amended to read:
  634         394.74 Contracts for provision of local substance abuse and
  635  mental health programs.—
  636         (3) Contracts shall include, but are not limited to:
  637         (a) A provision that, within the limits of available
  638  resources, substance abuse and mental health crisis services, as
  639  defined in s. 394.67(4) s. 394.67(3), shall be available to any
  640  individual residing or employed within the service area,
  641  regardless of ability to pay for such services, current or past
  642  health condition, or any other factor;
  643         (b) A provision that such services be available with
  644  priority of attention being given to individuals who exhibit
  645  symptoms of chronic or acute substance abuse or mental illness
  646  and who are unable to pay the cost of receiving such services;
  647         (c) A provision that every reasonable effort to collect
  648  appropriate reimbursement for the cost of providing substance
  649  abuse and mental health services to persons able to pay for
  650  services, including first-party payments and third-party
  651  payments, shall be made by facilities providing services
  652  pursuant to this act;
  653         (d) A program description and line-item operating budget by
  654  program service component for substance abuse and mental health
  655  services, provided the entire proposed operating budget for the
  656  service provider will be displayed;
  657         (e) A provision that client demographic, service, and
  658  outcome information required for the department’s Mental Health
  659  and Substance Abuse Data System be submitted to the department
  660  by a date specified in the contract. The department may not pay
  661  the provider unless the required information has been submitted
  662  by the specified date; and
  663         (f) A requirement that the contractor must conform to
  664  department rules and the priorities established thereunder.
  665         Section 24. Subsection (6) of section 394.9085, Florida
  666  Statutes, is amended to read:
  667         394.9085 Behavioral provider liability.—
  668         (6) For purposes of this section, the terms “detoxification
  669  services,” “addictions receiving facility,” and “receiving
  670  facility” have the same meanings as those provided in ss.
  671  397.311(26)(a)3. ss. 397.311(26)(a)4., 397.311(26)(a)1., and
  672  394.455(40) 394.455(39),
  673  
  674  ================= T I T L E  A M E N D M E N T ================
  675  And the title is amended as follows:
  676         Delete lines 2 - 75
  677  and insert:
  678         An act relating to mental health and substance abuse;
  679         amending s. 14.2019, F.S.; providing additional duties
  680         for the Statewide Office for Suicide Prevention;
  681         establishing the First Responders Suicide Deterrence
  682         Task Force adjunct to the office; specifying the task
  683         force’s purpose; providing for the composition and the
  684         duties of the task force; requiring the task force to
  685         submit reports to the Governor and the Legislature on
  686         an annual basis; providing for future repeal; amending
  687         s. 14.20195, F.S.; providing additional duties for the
  688         Suicide Prevention Coordinating Council; revising the
  689         composition of the council; amending s. 334.044, F.S.;
  690         requiring the Department of Transportation to work
  691         with the office in developing a plan relating to
  692         evidence-based suicide deterrents in certain
  693         locations; amending s. 394.455, F.S.; defining the
  694         term “coordinated specialty care program”; revising
  695         the definition of the term “mental illness”; amending
  696         s. 394.4573, F.S.; revising the requirements for the
  697         annual state behavioral health services assessment;
  698         revising the essential elements of a coordinated
  699         system of care; amending s. 394.463, F.S.; requiring
  700         that certain information be provided to the guardian
  701         or representative of a minor patient released from
  702         involuntary examination; amending s. 394.658, F.S.;
  703         revising the application criteria for the Criminal
  704         Justice, Mental Health, and Substance Abuse
  705         Reinvestment Grant Program to include support for
  706         coordinated specialty care programs; amending s.
  707         394.67, F.S.; defining the term “coordinated specialty
  708         care program”; amending s. 397.311, F.S.; redefining
  709         the term “medication-assisted treatment opiate
  710         addiction” as “medication-assisted treatment for
  711         opioid use disorders”; amending s. 397.321, F.S.;
  712         deleting a provision requiring the Department of
  713         Children and Families to develop a certification
  714         process by rule for community substance abuse
  715         prevention coalitions; amending s. 397.4012, F.S.;
  716         revising applicability for certain licensure
  717         exemptions; creating s. 456.0342, F.S.; providing
  718         applicability; requiring specified persons to complete
  719         certain suicide prevention education courses by a
  720         specified date; requiring certain boards to include
  721         the hours for such courses in the total hours of
  722         continuing education required for the profession;
  723         creating s. 786.1516, F.S.; defining the terms
  724         “emergency care” and “suicide emergency”; providing
  725         that persons providing certain emergency care are not
  726         liable for civil damages or penalties under certain
  727         circumstances; amending s. 916.106, F.S.; revising the
  728         definition of the term “mental illness”; amending ss.
  729         916.13 and 916.15, F.S.; requiring the department to
  730         request a defendant’s medical information from a jail
  731         within a certain timeframe after receiving a
  732         commitment order and other required documentation;
  733         requiring the jail to provide such information within
  734         a certain timeframe; requiring the continued
  735         administration of psychotropic medication to a
  736         defendant if he or she is receiving such medication at
  737         a mental health facility at the time that he or she is
  738         discharged and transferred to the jail; providing an
  739         exception; requiring the jail and department
  740         physicians to collaborate on a defendant’s medication
  741         changes for certain purposes; specifying that the jail
  742         physician has the final authority regarding the
  743         administering of medication to an inmate; amending ss.
  744         1002.33 and 1012.583, F.S.; requiring charter schools
  745         and public schools, respectively, to incorporate
  746         certain training on suicide prevention in continuing
  747         education and inservice training requirements;
  748         providing that such schools must require all
  749         instructional personnel to participate in the
  750         training; requiring such schools to have a specified
  751         minimum number of staff members who are certified or
  752         deemed competent in the use of suicide screening
  753         instruments; requiring such schools to have a policy
  754         for such instruments; requiring such schools to report
  755         certain compliance to the Department of Education;
  756         conforming provisions to changes made by the act;
  757         amending ss. 39.407, 394.495, 394.496, 394.674,
  758         394.74, 394.9085,