Florida Senate - 2020                             CS for SB 7012
       
       
        
       By the Committees on Appropriations; and Children, Families, and
       Elder Affairs; and Senator Rouson
       
       
       
       
       576-04310-20                                          20207012c1
    1                        A bill to be entitled                      
    2         An act relating to mental health and substance abuse;
    3         amending s. 14.2019, F.S.; providing additional duties
    4         for the Statewide Office for Suicide Prevention;
    5         establishing the First Responders Suicide Deterrence
    6         Task Force adjunct to the office; specifying the task
    7         force’s purpose; providing for the composition and the
    8         duties of the task force; requiring the task force to
    9         submit reports to the Governor and the Legislature on
   10         an annual basis; providing for future repeal; amending
   11         s. 14.20195, F.S.; providing additional duties for the
   12         Suicide Prevention Coordinating Council; revising the
   13         composition of the council; amending s. 334.044, F.S.;
   14         requiring the Department of Transportation to work
   15         with the office in developing a plan relating to
   16         evidence-based suicide deterrents in certain
   17         locations; amending s. 394.455, F.S.; defining the
   18         term “coordinated specialty care program”; revising
   19         the definition of the term “mental illness”; amending
   20         s. 394.4573, F.S.; revising the requirements for the
   21         annual state behavioral health services assessment;
   22         revising the essential elements of a coordinated
   23         system of care; amending s. 394.463, F.S.; requiring
   24         that certain information be provided to the guardian
   25         or representative of a minor patient released from
   26         involuntary examination; amending s. 394.658, F.S.;
   27         revising the application criteria for the Criminal
   28         Justice, Mental Health, and Substance Abuse
   29         Reinvestment Grant Program to include support for
   30         coordinated specialty care programs; amending s.
   31         394.67, F.S.; defining the term “coordinated specialty
   32         care program”; amending s. 397.311, F.S.; redefining
   33         the term “medication-assisted treatment opiate
   34         addiction” as “medication-assisted treatment for
   35         opioid use disorders”; amending s. 397.321, F.S.;
   36         deleting a provision requiring the Department of
   37         Children and Families to develop a certification
   38         process by rule for community substance abuse
   39         prevention coalitions; amending s. 397.4012, F.S.;
   40         revising applicability for certain licensure
   41         exemptions; creating s. 456.0342, F.S.; providing
   42         applicability; requiring specified persons to complete
   43         certain suicide prevention education courses by a
   44         specified date; requiring certain boards to include
   45         the hours for such courses in the total hours of
   46         continuing education required for the profession;
   47         creating s. 786.1516, F.S.; defining the terms
   48         “emergency care” and “suicide emergency”; providing
   49         that persons providing certain emergency care are not
   50         liable for civil damages or penalties under certain
   51         circumstances; amending s. 916.106, F.S.; revising the
   52         definition of the term “mental illness”; amending ss.
   53         916.13 and 916.15, F.S.; requiring the department to
   54         request a defendant’s medical information from a jail
   55         within a certain timeframe after receiving a
   56         commitment order and other required documentation;
   57         requiring the jail to provide such information within
   58         a certain timeframe; requiring the continued
   59         administration of psychotropic medication to a
   60         defendant if he or she is receiving such medication at
   61         a mental health facility at the time that he or she is
   62         discharged and transferred to the jail; providing an
   63         exception; requiring the jail and department
   64         physicians to collaborate on a defendant’s medication
   65         changes for certain purposes; specifying that the jail
   66         physician has the final authority regarding the
   67         administering of medication to an inmate; amending ss.
   68         1002.33 and 1012.583, F.S.; requiring charter schools
   69         and public schools, respectively, to incorporate
   70         certain training on suicide prevention in continuing
   71         education and inservice training requirements;
   72         providing that such schools must require all
   73         instructional personnel to participate in the
   74         training; requiring such schools to have a specified
   75         minimum number of staff members who are certified or
   76         deemed competent in the use of suicide screening
   77         instruments; requiring such schools to have a policy
   78         for such instruments; requiring such schools to report
   79         certain compliance to the Department of Education;
   80         conforming provisions to changes made by the act;
   81         amending ss. 39.407, 394.495, 394.496, 394.674,
   82         394.74, 394.9085, 409.972, 464.012, and 744.2007,
   83         F.S.; conforming cross-references; requiring the
   84         Office of Program Policy Analysis and Government
   85         Accountability to perform a review of certain programs
   86         and efforts relating to suicide prevention programs in
   87         other states and make certain recommendations;
   88         requiring the office to submit a report to the
   89         Legislature by a specified date; providing an
   90         appropriation; authorizing positions; providing an
   91         effective date.
   92          
   93  Be It Enacted by the Legislature of the State of Florida:
   94  
   95         Section 1. Paragraphs (a) and (d) of subsection (2) of
   96  section 14.2019, Florida Statutes, are amended, paragraphs (e)
   97  and (f) are added to that subsection, and subsection (5) is
   98  added to that section, to read:
   99         14.2019 Statewide Office for Suicide Prevention.—
  100         (2) The statewide office shall, within available resources:
  101         (a) Develop a network of community-based programs to
  102  improve suicide prevention initiatives. The network shall
  103  identify and work to eliminate barriers to providing suicide
  104  prevention services to individuals who are at risk of suicide.
  105  The network shall consist of stakeholders advocating suicide
  106  prevention, including, but not limited to, not-for-profit
  107  suicide prevention organizations, faith-based suicide prevention
  108  organizations, law enforcement agencies, first responders to
  109  emergency calls, veterans, servicemembers, suicide prevention
  110  community coalitions, schools and universities, mental health
  111  agencies, substance abuse treatment agencies, health care
  112  providers, and school personnel.
  113         (d) Coordinate education and training curricula in suicide
  114  prevention efforts for law enforcement personnel, first
  115  responders to emergency calls, veterans, servicemembers, health
  116  care providers, school employees, and other persons who may have
  117  contact with persons at risk of suicide.
  118         (e)Act as a clearinghouse for information and resources
  119  related to suicide prevention by:
  120         1. Disseminating and sharing evidence-based best practices
  121  relating to suicide prevention;
  122         2. Collecting and analyzing data on trends in suicide and
  123  suicide attempts annually by county, age, gender, profession,
  124  and other demographics as designated by the statewide office.
  125         (f) Advise the Department of Transportation on the
  126  implementation of evidence-based suicide deterrents in the
  127  design elements and features of infrastructure projects
  128  throughout the state.
  129         (5) The First Responders Suicide Deterrence Task Force, a
  130  task force as defined in s. 20.03(8), is created adjunct to the
  131  Statewide Office for Suicide Prevention.
  132         (a) The purpose of the task force is to make
  133  recommendations on how to reduce the incidence of suicide and
  134  attempted suicide among employed or retired first responders in
  135  this state.
  136         (b) The task force is composed of a representative of the
  137  statewide office and a representative of each of the following
  138  first responder organizations, nominated by the organization and
  139  appointed by the Secretary of Children and Families:
  140         1. The Florida Professional Firefighters.
  141         2. The Florida Police Benevolent Association.
  142         3. The Florida Fraternal Order of Police: State Lodge.
  143         4. The Florida Sheriffs Association.
  144         5. The Florida Police Chiefs Association.
  145         6. The Florida Fire Chiefs’ Association.
  146         (c) The task force shall elect a chair from among its
  147  membership. Except as otherwise provided, the task force shall
  148  operate in a manner consistent with s. 20.052.
  149         (d) The task force shall identify or make recommendations
  150  on developing training programs and materials that would better
  151  enable first responders to cope with personal life stressors and
  152  stress related to their profession and foster an organizational
  153  culture that:
  154         1. Promotes mutual support and solidarity among active and
  155  retired first responders;
  156         2. Trains agency supervisors and managers to identify
  157  suicidal risk among active and retired first responders;
  158         3. Improves the use and awareness of existing resources
  159  among active and retired first responders; and
  160         4. Educates active and retired first responders on suicide
  161  awareness and help-seeking.
  162         (e) The task force shall identify state and federal public
  163  resources, funding and grants, first responder association
  164  resources, and private resources to implement identified
  165  training programs and materials.
  166         (f) The task force shall report on its findings and
  167  recommendations for training programs and materials to deter
  168  suicide among active and retired first responders to the
  169  Governor, the President of the Senate, and the Speaker of the
  170  House of Representatives by each July 1, beginning in 2021, and
  171  through 2023.
  172         (g) This subsection is repealed July 1, 2023.
  173         Section 2. Paragraph (c) of subsection (1) and subsection
  174  (2) of section 14.20195, Florida Statutes, are amended, and
  175  paragraph (d) is added to subsection (1) of that section, to
  176  read:
  177         14.20195 Suicide Prevention Coordinating Council; creation;
  178  membership; duties.—There is created within the Statewide Office
  179  for Suicide Prevention a Suicide Prevention Coordinating
  180  Council. The council shall develop strategies for preventing
  181  suicide.
  182         (1) SCOPE OF ACTIVITY.—The Suicide Prevention Coordinating
  183  Council is a coordinating council as defined in s. 20.03 and
  184  shall:
  185         (c) Make findings and recommendations regarding suicide
  186  prevention programs and activities, including, but not limited
  187  to, the implementation of evidence-based mental health awareness
  188  and assistance training programs and gatekeeper training in
  189  municipalities throughout the state. The council shall prepare
  190  an annual report and present it to the Governor, the President
  191  of the Senate, and the Speaker of the House of Representatives
  192  by January 1, each year. The annual report must describe the
  193  status of existing and planned initiatives identified in the
  194  statewide plan for suicide prevention and any recommendations
  195  arising therefrom.
  196         (d)In conjunction with the Department of Children and
  197  Families, advise members of the public on the locations and
  198  availability of local behavioral health providers.
  199         (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council
  200  shall consist of 32 27 voting members and one nonvoting member.
  201         (a) Eighteen Thirteen members shall be appointed by the
  202  director of the Statewide Office for Suicide Prevention and
  203  shall represent the following organizations:
  204         1. The Florida Association of School Psychologists.
  205         2. The Florida Sheriffs Association.
  206         3. The Suicide Prevention Action Network USA.
  207         4. The Florida Initiative of Suicide Prevention.
  208         5. The Florida Suicide Prevention Coalition.
  209         6. The American Foundation of Suicide Prevention.
  210         7. The Florida School Board Association.
  211         8. The National Council for Suicide Prevention.
  212         9. The state chapter of AARP.
  213         10. The Florida Behavioral Health Association The Florida
  214  Alcohol and Drug Abuse Association.
  215         11. The Florida Council for Community Mental Health.
  216         12. The Florida Counseling Association.
  217         12.13. NAMI Florida.
  218         13.The Florida Medical Association.
  219         14.The Florida Osteopathic Medical Association.
  220         15.The Florida Psychiatric Society.
  221         16.The Florida Psychological Association.
  222         17.Veterans Florida.
  223         18.The Florida Association of Managing Entities.
  224         (b) The following state officials or their designees shall
  225  serve on the coordinating council:
  226         1. The Secretary of Elderly Affairs.
  227         2. The State Surgeon General.
  228         3. The Commissioner of Education.
  229         4. The Secretary of Health Care Administration.
  230         5. The Secretary of Juvenile Justice.
  231         6. The Secretary of Corrections.
  232         7. The executive director of the Department of Law
  233  Enforcement.
  234         8. The executive director of the Department of Veterans’
  235  Affairs.
  236         9. The Secretary of Children and Families.
  237         10. The executive director of the Department of Economic
  238  Opportunity.
  239         (c) The Governor shall appoint four additional members to
  240  the coordinating council. The appointees must have expertise
  241  that is critical to the prevention of suicide or represent an
  242  organization that is not already represented on the coordinating
  243  council.
  244         (d) For the members appointed by the director of the
  245  Statewide Office for Suicide Prevention, seven members shall be
  246  appointed to initial terms of 3 years, and seven members shall
  247  be appointed to initial terms of 4 years. For the members
  248  appointed by the Governor, two members shall be appointed to
  249  initial terms of 4 years, and two members shall be appointed to
  250  initial terms of 3 years. Thereafter, such members shall be
  251  appointed to terms of 4 years. Any vacancy on the coordinating
  252  council shall be filled in the same manner as the original
  253  appointment, and any member who is appointed to fill a vacancy
  254  occurring because of death, resignation, or ineligibility for
  255  membership shall serve only for the unexpired term of the
  256  member’s predecessor. A member is eligible for reappointment.
  257         (e) The director of the Statewide Office for Suicide
  258  Prevention shall be a nonvoting member of the coordinating
  259  council and shall act as chair.
  260         (f) Members of the coordinating council shall serve without
  261  compensation. Any member of the coordinating council who is a
  262  public employee is entitled to reimbursement for per diem and
  263  travel expenses as provided in s. 112.061.
  264         Section 3. Present paragraph (c) of subsection (10) of
  265  section 334.044, Florida Statutes, is redesignated as paragraph
  266  (d), and a new paragraph (c) is added to that subsection, to
  267  read:
  268         334.044 Powers and duties of the department.—The department
  269  shall have the following general powers and duties:
  270         (10)
  271         (c) The department shall work with the Statewide Office for
  272  Suicide Prevention in developing a plan to consider the
  273  implementation of evidence-based suicide deterrents on all new
  274  infrastructure projects.
  275         Section 4. Present subsections (10) through (48) of section
  276  394.455, Florida Statutes, are redesignated as subsections (11)
  277  through (49), respectively, a new subsection (10) is added to
  278  that section, and present subsection (28) of that section is
  279  amended, to read:
  280         394.455 Definitions.—As used in this part, the term:
  281         (10)“Coordinated specialty care program” means an
  282  evidence-based program for individuals who are experiencing the
  283  early indications of serious mental illness, especially symptoms
  284  of a first psychotic episode, and which includes, but is not
  285  limited to, intensive case management, individual or group
  286  therapy, supported employment, family education and supports,
  287  and the provision of appropriate psychotropic medication as
  288  needed.
  289         (29)(28) “Mental illness” means an impairment of the mental
  290  or emotional processes that exercise conscious control of one’s
  291  actions or of the ability to perceive or understand reality,
  292  which impairment substantially interferes with the person’s
  293  ability to meet the ordinary demands of living. For the purposes
  294  of this part, the term does not include a developmental
  295  disability as defined in chapter 393, intoxication, or
  296  conditions manifested only by dementia, traumatic brain injury,
  297  antisocial behavior, or substance abuse.
  298         Section 5. Section 394.4573, Florida Statutes, is amended
  299  to read:
  300         394.4573 Coordinated system of care; annual assessment;
  301  essential elements; measures of performance; system improvement
  302  grants; reports.—On or before December 1 of each year, the
  303  department shall submit to the Governor, the President of the
  304  Senate, and the Speaker of the House of Representatives an
  305  assessment of the behavioral health services in this state. The
  306  assessment shall consider, at a minimum, the extent to which
  307  designated receiving systems function as no-wrong-door models,
  308  the availability of treatment and recovery services that use
  309  recovery-oriented and peer-involved approaches, the availability
  310  of less-restrictive services, and the use of evidence-informed
  311  practices. The assessment must also consider the availability of
  312  and access to coordinated specialty care programs and identify
  313  any gaps in the availability of and access to such programs in
  314  the state. The department’s assessment shall consider, at a
  315  minimum, the needs assessments conducted by the managing
  316  entities pursuant to s. 394.9082(5). Beginning in 2017, the
  317  department shall compile and include in the report all plans
  318  submitted by managing entities pursuant to s. 394.9082(8) and
  319  the department’s evaluation of each plan.
  320         (1) As used in this section:
  321         (a) “Care coordination” means the implementation of
  322  deliberate and planned organizational relationships and service
  323  procedures that improve the effectiveness and efficiency of the
  324  behavioral health system by engaging in purposeful interactions
  325  with individuals who are not yet effectively connected with
  326  services to ensure service linkage. Examples of care
  327  coordination activities include development of referral
  328  agreements, shared protocols, and information exchange
  329  procedures. The purpose of care coordination is to enhance the
  330  delivery of treatment services and recovery supports and to
  331  improve outcomes among priority populations.
  332         (b) “Case management” means those direct services provided
  333  to a client in order to assess his or her needs, plan or arrange
  334  services, coordinate service providers, link the service system
  335  to a client, monitor service delivery, and evaluate patient
  336  outcomes to ensure the client is receiving the appropriate
  337  services.
  338         (c) “Coordinated system of care” means the full array of
  339  behavioral and related services in a region or community offered
  340  by all service providers, whether participating under contract
  341  with the managing entity or by another method of community
  342  partnership or mutual agreement.
  343         (d) “No-wrong-door model” means a model for the delivery of
  344  acute care services to persons who have mental health or
  345  substance use disorders, or both, which optimizes access to
  346  care, regardless of the entry point to the behavioral health
  347  care system.
  348         (2) The essential elements of a coordinated system of care
  349  include:
  350         (a) Community interventions, such as prevention, primary
  351  care for behavioral health needs, therapeutic and supportive
  352  services, crisis response services, and diversion programs.
  353         (b) A designated receiving system that consists of one or
  354  more facilities serving a defined geographic area and
  355  responsible for assessment and evaluation, both voluntary and
  356  involuntary, and treatment or triage of patients who have a
  357  mental health or substance use disorder, or co-occurring
  358  disorders.
  359         1. A county or several counties shall plan the designated
  360  receiving system using a process that includes the managing
  361  entity and is open to participation by individuals with
  362  behavioral health needs and their families, service providers,
  363  law enforcement agencies, and other parties. The county or
  364  counties, in collaboration with the managing entity, shall
  365  document the designated receiving system through written
  366  memoranda of agreement or other binding arrangements. The county
  367  or counties and the managing entity shall complete the plan and
  368  implement the designated receiving system by July 1, 2017, and
  369  the county or counties and the managing entity shall review and
  370  update, as necessary, the designated receiving system at least
  371  once every 3 years.
  372         2. To the extent permitted by available resources, the
  373  designated receiving system shall function as a no-wrong-door
  374  model. The designated receiving system may be organized in any
  375  manner which functions as a no-wrong-door model that responds to
  376  individual needs and integrates services among various
  377  providers. Such models include, but are not limited to:
  378         a. A central receiving system that consists of a designated
  379  central receiving facility that serves as a single entry point
  380  for persons with mental health or substance use disorders, or
  381  co-occurring disorders. The central receiving facility shall be
  382  capable of assessment, evaluation, and triage or treatment or
  383  stabilization of persons with mental health or substance use
  384  disorders, or co-occurring disorders.
  385         b. A coordinated receiving system that consists of multiple
  386  entry points that are linked by shared data systems, formal
  387  referral agreements, and cooperative arrangements for care
  388  coordination and case management. Each entry point shall be a
  389  designated receiving facility and shall, within existing
  390  resources, provide or arrange for necessary services following
  391  an initial assessment and evaluation.
  392         c. A tiered receiving system that consists of multiple
  393  entry points, some of which offer only specialized or limited
  394  services. Each service provider shall be classified according to
  395  its capabilities as either a designated receiving facility or
  396  another type of service provider, such as a triage center, a
  397  licensed detoxification facility, or an access center. All
  398  participating service providers shall, within existing
  399  resources, be linked by methods to share data, formal referral
  400  agreements, and cooperative arrangements for care coordination
  401  and case management.
  402  
  403  An accurate inventory of the participating service providers
  404  which specifies the capabilities and limitations of each
  405  provider and its ability to accept patients under the designated
  406  receiving system agreements and the transportation plan
  407  developed pursuant to this section shall be maintained and made
  408  available at all times to all first responders in the service
  409  area.
  410         (c) Transportation in accordance with a plan developed
  411  under s. 394.462.
  412         (d) Crisis services, including mobile response teams,
  413  crisis stabilization units, addiction receiving facilities, and
  414  detoxification facilities.
  415         (e) Case management. Each case manager or person directly
  416  supervising a case manager who provides Medicaid-funded targeted
  417  case management services shall hold a valid certification from a
  418  department-approved credentialing entity as defined in s.
  419  397.311(10) by July 1, 2017, and, thereafter, within 6 months
  420  after hire.
  421         (f) Care coordination that involves coordination with other
  422  local systems and entities, public and private, which are
  423  involved with the individual, such as primary care, child
  424  welfare, behavioral health care, and criminal and juvenile
  425  justice organizations.
  426         (g) Outpatient services.
  427         (h) Residential services.
  428         (i) Hospital inpatient care.
  429         (j) Aftercare and other postdischarge services.
  430         (k) Medication-assisted treatment and medication
  431  management.
  432         (l) Recovery support, including, but not limited to,
  433  support for competitive employment, educational attainment,
  434  independent living skills development, family support and
  435  education, wellness management and self-care, and assistance in
  436  obtaining housing that meets the individual’s needs. Such
  437  housing may include mental health residential treatment
  438  facilities, limited mental health assisted living facilities,
  439  adult family care homes, and supportive housing. Housing
  440  provided using state funds must provide a safe and decent
  441  environment free from abuse and neglect.
  442         (m) Care plans shall assign specific responsibility for
  443  initial and ongoing evaluation of the supervision and support
  444  needs of the individual and the identification of housing that
  445  meets such needs. For purposes of this paragraph, the term
  446  “supervision” means oversight of and assistance with compliance
  447  with the clinical aspects of an individual’s care plan.
  448         (n)Coordinated specialty care programs.
  449         (3) SYSTEM IMPROVEMENT GRANTS.—Subject to a specific
  450  appropriation by the Legislature, the department may award
  451  system improvement grants to managing entities based on a
  452  detailed plan to enhance services in accordance with the no
  453  wrong-door model as defined in subsection (1) and to address
  454  specific needs identified in the assessment prepared by the
  455  department pursuant to this section. Such a grant must be
  456  awarded through a performance-based contract that links payments
  457  to the documented and measurable achievement of system
  458  improvements.
  459         Section 6. Subsection (3) of section 394.463, Florida
  460  Statutes, is amended to read:
  461         394.463 Involuntary examination.—
  462         (3) NOTICE OF RELEASE.—Notice of the release shall be given
  463  to the patient’s guardian or representative, to any person who
  464  executed a certificate admitting the patient to the receiving
  465  facility, and to any court which ordered the patient’s
  466  evaluation. If the patient is a minor, information regarding the
  467  availability of a local mobile response service, suicide
  468  prevention resources, social supports, and local self-help
  469  groups must also be provided to the patient’s guardian or
  470  representative along with the notice of the release.
  471         Section 7. Paragraph (b) of subsection (1) of section
  472  394.658, Florida Statutes, is amended to read:
  473         394.658 Criminal Justice, Mental Health, and Substance
  474  Abuse Reinvestment Grant Program requirements.—
  475         (1) The Criminal Justice, Mental Health, and Substance
  476  Abuse Statewide Grant Review Committee, in collaboration with
  477  the Department of Children and Families, the Department of
  478  Corrections, the Department of Juvenile Justice, the Department
  479  of Elderly Affairs, and the Office of the State Courts
  480  Administrator, shall establish criteria to be used to review
  481  submitted applications and to select the county that will be
  482  awarded a 1-year planning grant or a 3-year implementation or
  483  expansion grant. A planning, implementation, or expansion grant
  484  may not be awarded unless the application of the county meets
  485  the established criteria.
  486         (b) The application criteria for a 3-year implementation or
  487  expansion grant shall require information from a county that
  488  demonstrates its completion of a well-established collaboration
  489  plan that includes public-private partnership models and the
  490  application of evidence-based practices. The implementation or
  491  expansion grants may support programs and diversion initiatives
  492  that include, but need not be limited to:
  493         1. Mental health courts;
  494         2. Diversion programs;
  495         3. Alternative prosecution and sentencing programs;
  496         4. Crisis intervention teams;
  497         5. Treatment accountability services;
  498         6. Specialized training for criminal justice, juvenile
  499  justice, and treatment services professionals;
  500         7. Service delivery of collateral services such as housing,
  501  transitional housing, and supported employment; and
  502         8. Reentry services to create or expand mental health and
  503  substance abuse services and supports for affected persons; and
  504         9.Coordinated specialty care programs.
  505         Section 8. Present subsections (3) through (24) of section
  506  394.67, Florida Statutes, are redesignated as subsections (4)
  507  through (25), respectively, a new subsection (3) is added to
  508  that section, and present subsection (3) is amended, to read:
  509         394.67 Definitions.—As used in this part, the term:
  510         (3)“Coordinated specialty care program” means an evidence
  511  based program for individuals who are experiencing the early
  512  indications of serious mental illness, especially symptoms of a
  513  first psychotic episode, and which includes, but is not limited
  514  to, intensive case management, individual or group therapy,
  515  supported employment, family education and supports, and the
  516  provision of appropriate psychotropic medication as needed.
  517         (4)(3) “Crisis services” means short-term evaluation,
  518  stabilization, and brief intervention services provided to a
  519  person who is experiencing an acute mental or emotional crisis,
  520  as defined in subsection (18) (17), or an acute substance abuse
  521  crisis, as defined in subsection (19) (18), to prevent further
  522  deterioration of the person’s mental health. Crisis services are
  523  provided in settings such as a crisis stabilization unit, an
  524  inpatient unit, a short-term residential treatment program, a
  525  detoxification facility, or an addictions receiving facility; at
  526  the site of the crisis by a mobile crisis response team; or at a
  527  hospital on an outpatient basis.
  528         Section 9. Paragraph (a) of subsection (26) of section
  529  397.311, Florida Statutes, is amended to read:
  530         397.311 Definitions.—As used in this chapter, except part
  531  VIII, the term:
  532         (26) Licensed service components include a comprehensive
  533  continuum of accessible and quality substance abuse prevention,
  534  intervention, and clinical treatment services, including the
  535  following services:
  536         (a) “Clinical treatment” means a professionally directed,
  537  deliberate, and planned regimen of services and interventions
  538  that are designed to reduce or eliminate the misuse of drugs and
  539  alcohol and promote a healthy, drug-free lifestyle. As defined
  540  by rule, “clinical treatment services” include, but are not
  541  limited to, the following licensable service components:
  542         1. “Addictions receiving facility” is a secure, acute care
  543  facility that provides, at a minimum, detoxification and
  544  stabilization services; is operated 24 hours per day, 7 days per
  545  week; and is designated by the department to serve individuals
  546  found to be substance use impaired as described in s. 397.675
  547  who meet the placement criteria for this component.
  548         2. “Day or night treatment” is a service provided in a
  549  nonresidential environment, with a structured schedule of
  550  treatment and rehabilitative services.
  551         3. “Day or night treatment with community housing” means a
  552  program intended for individuals who can benefit from living
  553  independently in peer community housing while participating in
  554  treatment services for a minimum of 5 hours a day for a minimum
  555  of 25 hours per week.
  556         4. “Detoxification” is a service involving subacute care
  557  that is provided on an inpatient or an outpatient basis to
  558  assist individuals to withdraw from the physiological and
  559  psychological effects of substance abuse and who meet the
  560  placement criteria for this component.
  561         5. “Intensive inpatient treatment” includes a planned
  562  regimen of evaluation, observation, medical monitoring, and
  563  clinical protocols delivered through an interdisciplinary team
  564  approach provided 24 hours per day, 7 days per week, in a highly
  565  structured, live-in environment.
  566         6. “Intensive outpatient treatment” is a service that
  567  provides individual or group counseling in a more structured
  568  environment, is of higher intensity and duration than outpatient
  569  treatment, and is provided to individuals who meet the placement
  570  criteria for this component.
  571         7. “Medication-assisted treatment for opioid use disorders
  572  opiate addiction” is a service that uses methadone or other
  573  medication as authorized by state and federal law, in
  574  combination with medical, rehabilitative, supportive, and
  575  counseling services in the treatment of individuals who are
  576  dependent on opioid drugs.
  577         8. “Outpatient treatment” is a service that provides
  578  individual, group, or family counseling by appointment during
  579  scheduled operating hours for individuals who meet the placement
  580  criteria for this component.
  581         9. “Residential treatment” is a service provided in a
  582  structured live-in environment within a nonhospital setting on a
  583  24-hours-per-day, 7-days-per-week basis, and is intended for
  584  individuals who meet the placement criteria for this component.
  585         Section 10. Subsection (16) of section 397.321, Florida
  586  Statutes, is amended to read:
  587         397.321 Duties of the department.—The department shall:
  588         (16) Develop a certification process by rule for community
  589  substance abuse prevention coalitions.
  590         Section 11. Section 397.4012, Florida Statutes, is amended
  591  to read:
  592         397.4012 Exemptions from licensure.—The following are
  593  exempt from the licensing provisions of this chapter:
  594         (1) A hospital or hospital-based component licensed under
  595  chapter 395.
  596         (2) A nursing home facility as defined in s. 400.021.
  597         (3) A substance abuse education program established
  598  pursuant to s. 1003.42.
  599         (4) A facility or institution operated by the Federal
  600  Government.
  601         (5) A physician or physician assistant licensed under
  602  chapter 458 or chapter 459.
  603         (6) A psychologist licensed under chapter 490.
  604         (7) A social worker, marriage and family therapist, or
  605  mental health counselor licensed under chapter 491.
  606         (8) A legally cognizable church or nonprofit religious
  607  organization or denomination providing substance abuse services,
  608  including prevention services, which are solely religious,
  609  spiritual, or ecclesiastical in nature. A church or nonprofit
  610  religious organization or denomination providing any of the
  611  licensed service components itemized under s. 397.311(26) is not
  612  exempt from substance abuse licensure but retains its exemption
  613  with respect to all services which are solely religious,
  614  spiritual, or ecclesiastical in nature.
  615         (9) Facilities licensed under chapter 393 which, in
  616  addition to providing services to persons with developmental
  617  disabilities, also provide services to persons developmentally
  618  at risk as a consequence of exposure to alcohol or other legal
  619  or illegal drugs while in utero.
  620         (10) DUI education and screening services provided pursuant
  621  to ss. 316.192, 316.193, 322.095, 322.271, and 322.291. Persons
  622  or entities providing treatment services must be licensed under
  623  this chapter unless exempted from licensing as provided in this
  624  section.
  625         (11) A facility licensed under s. 394.875 as a crisis
  626  stabilization unit.
  627  
  628  The exemptions from licensure in subsections (3), (4), (8), (9),
  629  and (10) this section do not apply to any service provider that
  630  receives an appropriation, grant, or contract from the state to
  631  operate as a service provider as defined in this chapter or to
  632  any substance abuse program regulated under pursuant to s.
  633  397.4014. Furthermore, this chapter may not be construed to
  634  limit the practice of a physician or physician assistant
  635  licensed under chapter 458 or chapter 459, a psychologist
  636  licensed under chapter 490, a psychotherapist licensed under
  637  chapter 491, or an advanced practice registered nurse licensed
  638  under part I of chapter 464, who provides substance abuse
  639  treatment, so long as the physician, physician assistant,
  640  psychologist, psychotherapist, or advanced practice registered
  641  nurse does not represent to the public that he or she is a
  642  licensed service provider and does not provide services to
  643  individuals under pursuant to part V of this chapter. Failure to
  644  comply with any requirement necessary to maintain an exempt
  645  status under this section is a misdemeanor of the first degree,
  646  punishable as provided in s. 775.082 or s. 775.083.
  647         Section 12. Section 456.0342, Florida Statutes, is created
  648  to read:
  649         456.0342 Required instruction on suicide prevention.—The
  650  requirements of this section apply to each person licensed or
  651  certified under chapter 458, chapter 459, or part I of chapter
  652  464.
  653         (1) By January 1, 2022, each licensed or certified
  654  practitioner shall complete a board-approved 2-hour continuing
  655  education course on suicide prevention. The course must address
  656  suicide risk assessment, treatment, and management.
  657         (2)Each licensing board that requires a licensee or
  658  certificateholder to complete a course pursuant to this section
  659  must include the hours required for completion in the total
  660  hours of continuing education required by law for such
  661  profession.
  662         Section 13. Section 786.1516, Florida Statutes, is created
  663  to read:
  664         786.1516 Immunity for providing assistance in a suicide
  665  emergency.—
  666         (1) As used in this section, the term:
  667         (a) “Emergency care” means assistance or advice offered to
  668  avoid, mitigate, or attempt to mitigate the effects of a suicide
  669  emergency.
  670         (b) “Suicide emergency” means an occurrence that reasonably
  671  indicates an individual is at risk of dying or attempting to die
  672  by suicide.
  673         (2) A person who provides emergency care at or near the
  674  scene of a suicide emergency, gratuitously and in good faith, is
  675  not liable for any civil damages or penalties as a result of any
  676  act or omission by the person providing the emergency care
  677  unless the person is grossly negligent or caused the suicide
  678  emergency.
  679         Section 14. Subsection (14) of section 916.106, Florida
  680  Statutes, is amended to read:
  681         916.106 Definitions.—For the purposes of this chapter, the
  682  term:
  683         (14) “Mental illness” means an impairment of the emotional
  684  processes that exercise conscious control of one’s actions, or
  685  of the ability to perceive or understand reality, which
  686  impairment substantially interferes with the defendant’s ability
  687  to meet the ordinary demands of living. For the purposes of this
  688  chapter, the term does not apply to defendants who have only an
  689  intellectual disability or autism or a defendant with traumatic
  690  brain injury or dementia who lacks a co-occurring mental
  691  illness, and does not include intoxication or conditions
  692  manifested only by antisocial behavior or substance abuse
  693  impairment.
  694         Section 15. Subsection (2) of section 916.13, Florida
  695  Statutes, is amended to read:
  696         916.13 Involuntary commitment of defendant adjudicated
  697  incompetent.—
  698         (2) A defendant who has been charged with a felony, and who
  699  has been adjudicated incompetent to proceed due to mental
  700  illness, and who meets the criteria for involuntary commitment
  701  under this chapter, may be committed to the department, and the
  702  department shall retain and treat the defendant. Within 2
  703  business days after receipt of a commitment order and other
  704  required documents as stipulated in rule, the department must
  705  request from the jail any and all medical information pertaining
  706  to the defendant. Within 3 business days after receipt of such a
  707  request, the jail shall provide such information to the
  708  department.
  709         (a) Within 6 months after the date of admission and at the
  710  end of any period of extended commitment, or at any time the
  711  administrator or his or her designee determines that the
  712  defendant has regained competency to proceed or no longer meets
  713  the criteria for continued commitment, the administrator or
  714  designee shall file a report with the court pursuant to the
  715  applicable Florida Rules of Criminal Procedure.
  716         (b) A competency hearing must shall be held within 30 days
  717  after the court receives notification that the defendant is
  718  competent to proceed or no longer meets the criteria for
  719  continued commitment. The defendant must be transported to the
  720  committing court’s jurisdiction for the hearing. If the
  721  defendant is receiving psychotropic medication at a mental
  722  health facility at the time he or she is discharged and
  723  transferred to the jail, the administering of such medication
  724  must continue unless the jail physician documents the need to
  725  change or discontinue it. The jail and department physicians
  726  shall collaborate to ensure that medication changes do not
  727  adversely affect the defendant’s mental health status or his or
  728  her ability to continue with court proceedings; however, the
  729  final authority regarding the administering of medication to an
  730  inmate in jail rests with the jail physician.
  731         Section 16. Subsections (3) and (5) of section 916.15,
  732  Florida Statutes, are amended to read:
  733         916.15 Involuntary commitment of defendant adjudicated not
  734  guilty by reason of insanity.—
  735         (3) Every defendant acquitted of criminal charges by reason
  736  of insanity and found to meet the criteria for involuntary
  737  commitment may be committed and treated in accordance with the
  738  provisions of this section and the applicable Florida Rules of
  739  Criminal Procedure. The department shall admit a defendant so
  740  adjudicated to an appropriate facility or program for treatment
  741  and shall retain and treat such defendant. No later than 6
  742  months after the date of admission, prior to the end of any
  743  period of extended commitment, or at any time that the
  744  administrator or his or her designee determines shall have
  745  determined that the defendant no longer meets the criteria for
  746  continued commitment placement, the administrator or designee
  747  shall file a report with the court pursuant to the applicable
  748  Florida Rules of Criminal Procedure. Within 2 business days
  749  after receipt of a commitment order and other required documents
  750  as stipulated in rule, the department must request from the jail
  751  any and all medical information pertaining to the defendant.
  752  Within 3 business days after receipt of such a request, the jail
  753  shall provide such information to the department.
  754         (5) The commitment hearing shall be held within 30 days
  755  after the court receives notification that the defendant no
  756  longer meets the criteria for continued commitment. The
  757  defendant must be transported to the committing court’s
  758  jurisdiction for the hearing. If the defendant is receiving
  759  psychotropic medication at a mental health facility at the time
  760  he or she is discharged and transferred to the jail, the
  761  administering of such medication must continue unless the jail
  762  physician documents the need to change or discontinue it. The
  763  jail and department physicians shall collaborate to ensure that
  764  medication changes do not adversely affect the defendant’s
  765  mental health status or his or her ability to continue with
  766  court proceedings; however, the final authority regarding the
  767  administering of medication to an inmate in jail rests with the
  768  jail physician.
  769         Section 17. Present subsection (28) of section 1002.33,
  770  Florida Statutes, is redesignated as subsection (29), and a new
  771  subsection (28) is added to that section, to read:
  772         1002.33 Charter schools.—
  773         (28) CONTINUING EDUCATION AND INSERVICE TRAINING FOR YOUTH
  774  SUICIDE AWARENESS AND PREVENTION.—
  775         (a) By October 1, 2020, every charter school must:
  776         1. Incorporate 2 hours of training offered pursuant to s.
  777  1012.583. The training must be included in the existing
  778  continuing education or inservice training requirements for
  779  instructional personnel and may not add to the total hours
  780  currently required by the department. Every charter school must
  781  require all instructional personnel to participate.
  782         2. Have at least two school-based staff members certified
  783  or otherwise deemed competent in the use of a suicide screening
  784  instrument approved under s. 1012.583(1) and have a policy to
  785  use such suicide risk screening instrument to evaluate a
  786  student’s suicide risk before requesting the initiation of, or
  787  initiating, an involuntary examination due to concerns about
  788  that student’s suicide risk.
  789         (b) Every charter school must report its compliance with
  790  this subsection to the department.
  791         Section 18. Subsections (2) and (3) of section 1012.583,
  792  Florida Statutes, are amended to read:
  793         1012.583 Continuing education and inservice training for
  794  youth suicide awareness and prevention.—
  795         (2) By October 1, 2020, every public school must A school
  796  shall be considered a “Suicide Prevention Certified School” if
  797  it:
  798         (a) Incorporate Incorporates 2 hours of training offered
  799  pursuant to this section. The training must be included in the
  800  existing continuing education or inservice training requirements
  801  for instructional personnel and may not add to the total hours
  802  currently required by the department. Every public school A
  803  school that chooses to participate in the training must require
  804  all instructional personnel to participate.
  805         (b) Have Has at least two school-based staff members
  806  certified or otherwise deemed competent in the use of a suicide
  807  screening instrument approved under subsection (1) and have has
  808  a policy to use such suicide risk screening instrument to
  809  evaluate a student’s suicide risk before requesting the
  810  initiation of, or initiating, an involuntary examination due to
  811  concerns about that student’s suicide risk.
  812         (3) Every public school A school that meets the criteria in
  813  subsection (2) must report its compliance with this section to
  814  the department. The department shall keep an updated record of
  815  all Suicide Prevention Certified Schools and shall post the list
  816  of these schools on the department’s website. Each school shall
  817  also post on its own website whether it is a Suicide Prevention
  818  Certified School, and each school district shall post on its
  819  district website a list of the Suicide Prevention Certified
  820  Schools in that district.
  821         Section 19. Paragraph (a) of subsection (3) of section
  822  39.407, Florida Statutes, is amended to read:
  823         39.407 Medical, psychiatric, and psychological examination
  824  and treatment of child; physical, mental, or substance abuse
  825  examination of person with or requesting child custody.—
  826         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
  827  or paragraph (e), before the department provides psychotropic
  828  medications to a child in its custody, the prescribing physician
  829  or a psychiatric nurse, as defined in s. 394.455, shall attempt
  830  to obtain express and informed consent, as defined in s.
  831  394.455(16) s. 394.455(15) and as described in s. 394.459(3)(a),
  832  from the child’s parent or legal guardian. The department must
  833  take steps necessary to facilitate the inclusion of the parent
  834  in the child’s consultation with the physician or psychiatric
  835  nurse, as defined in s. 394.455. However, if the parental rights
  836  of the parent have been terminated, the parent’s location or
  837  identity is unknown or cannot reasonably be ascertained, or the
  838  parent declines to give express and informed consent, the
  839  department may, after consultation with the prescribing
  840  physician or psychiatric nurse, as defined in s. 394.455, seek
  841  court authorization to provide the psychotropic medications to
  842  the child. Unless parental rights have been terminated and if it
  843  is possible to do so, the department shall continue to involve
  844  the parent in the decisionmaking process regarding the provision
  845  of psychotropic medications. If, at any time, a parent whose
  846  parental rights have not been terminated provides express and
  847  informed consent to the provision of a psychotropic medication,
  848  the requirements of this section that the department seek court
  849  authorization do not apply to that medication until such time as
  850  the parent no longer consents.
  851         2. Any time the department seeks a medical evaluation to
  852  determine the need to initiate or continue a psychotropic
  853  medication for a child, the department must provide to the
  854  evaluating physician or psychiatric nurse, as defined in s.
  855  394.455, all pertinent medical information known to the
  856  department concerning that child.
  857         Section 20. Subsection (3) of section 394.495, Florida
  858  Statutes, are amended to read:
  859         394.495 Child and adolescent mental health system of care;
  860  programs and services.—
  861         (3) Assessments must be performed by:
  862         (a) A professional as defined in s. 394.455(5), (7), (33)
  863  (32), (36) (35), or (37) (36);
  864         (b) A professional licensed under chapter 491; or
  865         (c) A person who is under the direct supervision of a
  866  qualified professional as defined in s. 394.455(5), (7), (33)
  867  (32), (36) (35), or (37) (36) or a professional licensed under
  868  chapter 491.
  869         Section 21. Subsection (5) of section 394.496, Florida
  870  Statutes, is amended to read:
  871         394.496 Service planning.—
  872         (5) A professional as defined in s. 394.455(5), (7), (33)
  873  (32), (36) (35), or (37) (36) or a professional licensed under
  874  chapter 491 must be included among those persons developing the
  875  services plan.
  876         Section 22.  Paragraph (a) of subsection (1) of section
  877  394.674, Florida Statutes, is amended to read:
  878         394.674 Eligibility for publicly funded substance abuse and
  879  mental health services; fee collection requirements.—
  880         (1) To be eligible to receive substance abuse and mental
  881  health services funded by the department, an individual must be
  882  a member of at least one of the department’s priority
  883  populations approved by the Legislature. The priority
  884  populations include:
  885         (a) For adult mental health services:
  886         1. Adults who have severe and persistent mental illness, as
  887  designated by the department using criteria that include
  888  severity of diagnosis, duration of the mental illness, ability
  889  to independently perform activities of daily living, and receipt
  890  of disability income for a psychiatric condition. Included
  891  within this group are:
  892         a. Older adults in crisis.
  893         b. Older adults who are at risk of being placed in a more
  894  restrictive environment because of their mental illness.
  895         c. Persons deemed incompetent to proceed or not guilty by
  896  reason of insanity under chapter 916.
  897         d. Other persons involved in the criminal justice system.
  898         e. Persons diagnosed as having co-occurring mental illness
  899  and substance abuse disorders.
  900         2. Persons who are experiencing an acute mental or
  901  emotional crisis as defined in s. 394.67(18) s. 394.67(17).
  902         Section 23. Subsection (3) of section 394.74, Florida
  903  Statutes, is amended to read:
  904         394.74 Contracts for provision of local substance abuse and
  905  mental health programs.—
  906         (3) Contracts shall include, but are not limited to:
  907         (a) A provision that, within the limits of available
  908  resources, substance abuse and mental health crisis services, as
  909  defined in s. 394.67(4) s. 394.67(3), shall be available to any
  910  individual residing or employed within the service area,
  911  regardless of ability to pay for such services, current or past
  912  health condition, or any other factor;
  913         (b) A provision that such services be available with
  914  priority of attention being given to individuals who exhibit
  915  symptoms of chronic or acute substance abuse or mental illness
  916  and who are unable to pay the cost of receiving such services;
  917         (c) A provision that every reasonable effort to collect
  918  appropriate reimbursement for the cost of providing substance
  919  abuse and mental health services to persons able to pay for
  920  services, including first-party payments and third-party
  921  payments, shall be made by facilities providing services
  922  pursuant to this act;
  923         (d) A program description and line-item operating budget by
  924  program service component for substance abuse and mental health
  925  services, provided the entire proposed operating budget for the
  926  service provider will be displayed;
  927         (e) A provision that client demographic, service, and
  928  outcome information required for the department’s Mental Health
  929  and Substance Abuse Data System be submitted to the department
  930  by a date specified in the contract. The department may not pay
  931  the provider unless the required information has been submitted
  932  by the specified date; and
  933         (f) A requirement that the contractor must conform to
  934  department rules and the priorities established thereunder.
  935         Section 24. Subsection (6) of section 394.9085, Florida
  936  Statutes, is amended to read:
  937         394.9085 Behavioral provider liability.—
  938         (6) For purposes of this section, the terms “detoxification
  939  services,” “addictions receiving facility,” and “receiving
  940  facility” have the same meanings as those provided in ss.
  941  397.311(26)(a)3. ss. 397.311(26)(a)4., 397.311(26)(a)1., and
  942  394.455(40) 394.455(39), respectively.
  943         Section 25. Paragraph (b) of subsection (1) of section
  944  409.972, Florida Statutes, is amended to read:
  945         409.972 Mandatory and voluntary enrollment.—
  946         (1) The following Medicaid-eligible persons are exempt from
  947  mandatory managed care enrollment required by s. 409.965, and
  948  may voluntarily choose to participate in the managed medical
  949  assistance program:
  950         (b) Medicaid recipients residing in residential commitment
  951  facilities operated through the Department of Juvenile Justice
  952  or a treatment facility as defined in s. 394.455(47).
  953         Section 26. Paragraph (e) of subsection (4) of section
  954  464.012, Florida Statutes, is amended to read:
  955         464.012 Licensure of advanced practice registered nurses;
  956  fees; controlled substance prescribing.—
  957         (4) In addition to the general functions specified in
  958  subsection (3), an advanced practice registered nurse may
  959  perform the following acts within his or her specialty:
  960         (e) A psychiatric nurse, who meets the requirements in s.
  961  394.455(36) s. 394.455(35), within the framework of an
  962  established protocol with a psychiatrist, may prescribe
  963  psychotropic controlled substances for the treatment of mental
  964  disorders.
  965         Section 27. Subsection (7) of section 744.2007, Florida
  966  Statutes, is amended to read:
  967         744.2007 Powers and duties.—
  968         (7) A public guardian may not commit a ward to a treatment
  969  facility, as defined in s. 394.455(47), without an involuntary
  970  placement proceeding as provided by law.
  971         Section 28. The Office of Program Policy Analysis and
  972  Government Accountability shall perform a review of suicide
  973  prevention programs and efforts made by other states and make
  974  recommendations on their applicability to this state. The office
  975  shall submit a report containing the findings and
  976  recommendations to the President of the Senate and the Speaker
  977  of the House of Representatives by January 1, 2021.
  978         Section 29. For the 2020-2021 fiscal year, the sums of
  979  $418,036 in recurring funds and $8,896 in nonrecurring funds are
  980  appropriated from the General Revenue Fund to the Department of
  981  Children and Families, and two full-time equivalent positions
  982  with associated salary rate of 90,384 are authorized, for the
  983  purpose of implementing the requirements of this act.
  984         Section 30. This act shall take effect July 1, 2020.