Senate Bill sb0364
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    Florida Senate - 2002                                   SB 364
    By Senator Peaden
    1-411-02
  1                      A bill to be entitled
  2         An act relating to persons with developmental
  3         disabilities; amending s. 393.063, F.S.;
  4         redefining the term "retardation" to revise
  5         certain requirements for the standardized
  6         intelligence test used to make such
  7         determination; redefining the term "supported
  8         living" to limit the number of persons who may
  9         live in a single housing unit where such
10         assistance is provided; amending ss. 393.13,
11         393.501, F.S.; requiring that the Department of
12         Children and Family Services adopt rules
13         governing certification programs for behavior
14         analysts; requiring the department to adopt
15         rules for administering certain waivers and
16         delivering services to persons with
17         developmental disabilities; repealing s.
18         393.17, F.S., relating to rules for the
19         certification of behavior analysts; providing
20         an effective date.
21
22  Be It Enacted by the Legislature of the State of Florida:
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24         Section 1.  Subsections (42) and (50) of section
25  393.063, Florida Statutes, are amended to read:
26         393.063  Definitions.--For the purposes of this
27  chapter:
28         (42)  "Retardation" means significantly subaverage
29  general intellectual functioning existing concurrently with
30  deficits in adaptive behavior and manifested during the period
31  from conception to age 18. "Significantly subaverage general
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    Florida Senate - 2002                                   SB 364
    1-411-02
  1  intellectual functioning," for the purpose of this definition,
  2  means performance that which is two or more standard
  3  deviations from the mean score on a standardized intelligence
  4  test administered by a person authorized to administer such a
  5  test under chapter 490 specified in the rules of the
  6  department. "Adaptive behavior," for the purpose of this
  7  definition, means the effectiveness or degree with which an
  8  individual meets the standards of personal independence and
  9  social responsibility expected of his or her age, cultural
10  group, and community.
11         (50)  "Supported living" means a category of
12  individually determined services designed and coordinated in
13  such a manner as to provide assistance to adult clients who
14  require ongoing supports to live as independently as possible
15  in their own homes, to be integrated into the community, and
16  to participate in community life to the fullest extent
17  possible. Not more than three persons who have developmental
18  disabilities may live together in a single housing unit.
19         Section 2.  Paragraph (g) of subsection (4) of section
20  393.13, Florida Statutes, is amended to read:
21         393.13  Personal treatment of persons who are
22  developmentally disabled.--
23         (4)  CLIENT RIGHTS.--For purposes of this subsection,
24  the term "client," as defined in s. 393.063, shall also
25  include any person served in a facility licensed pursuant to
26  s. 393.067.
27         (g)  A No client may not shall be subjected to a
28  treatment program to eliminate bizarre or unusual behaviors
29  without first being examined by a physician who in his or her
30  best judgment determines that such behaviors are not
31  organically caused.
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    Florida Senate - 2002                                   SB 364
    1-411-02
  1         1.  Treatment programs involving the use of noxious or
  2  painful stimuli shall be prohibited.
  3         2.  All alleged violations of this paragraph shall be
  4  reported immediately to the chief administrative officer of
  5  the facility or the district administrator, the department
  6  head, and the Florida local advocacy council. A thorough
  7  investigation of each incident shall be conducted and a
  8  written report of the finding and results of such
  9  investigation shall be submitted to the chief administrative
10  officer of the facility or the district administrator and to
11  the department head within 24 hours of the occurrence or
12  discovery of the incident.
13         3.  The department shall adopt promulgate by rule a
14  system for the oversight of behavioral programs. The rules
15  must include criteria for designating a certification program
16  for behavior analysts which ensures that qualified persons
17  oversee the design and administration of behavioral programs
18  for persons who are developmentally disabled. Such system
19  shall establish guidelines and procedures governing the
20  design, approval, implementation, and monitoring of all
21  behavioral programs involving clients. The system shall ensure
22  statewide and local review by committees of professionals
23  certified as behavior analysts pursuant to s. 393.17. A No
24  behavioral program may not shall be implemented unless
25  reviewed according to the rules established by the department
26  under this paragraph section. Nothing stated in This section
27  does not shall prohibit the review of programs by the Florida
28  statewide or local advocacy councils.
29         Section 3.  Section 393.501, Florida Statutes, is
30  amended to read:
31         393.501  Rulemaking.--
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    Florida Senate - 2002                                   SB 364
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  1         (1)  The department shall adopt rules to administer
  2  carry out the provisions of this chapter. The rules must
  3  include:
  4         (1)  Provisions for administering waivers authorized
  5  under s. 409.906 for developmental services and home and
  6  community-based services, including eligibility criteria for
  7  providers and recipients; criteria and procedures for
  8  enrollment and termination; qualifications for providing and
  9  receiving services; criteria for authorizing and using
10  services; and standards for the quality and delivery of
11  services.
12         (2)  Standards and procedures for coordinating support
13  services, including criteria for applications and for
14  determining eligibility for services for developmental
15  disabilities, procedures for support planning, the
16  responsibilities of support coordinators, and standards for
17  the quality and delivery of services.
18         (3)  Provisions for establishing a supported living
19  program, including definitions of terms; standards governing
20  eligibility for services, selection of housing, selection of
21  providers by participants, and planning for services; and
22  requirements for ongoing monitoring.
23         (4)(2)  Requirements for Such rules shall address the
24  number of facilities on a single parcel or adjacent parcels of
25  land, and, in addition, for ICF/MR, the rate and location of
26  facility development and level of care for intermediate care
27  facilities for the developmentally disabled.
28         Section 4.  Section 393.17, Florida Statutes, is
29  repealed.
30         Section 5.  This act shall take effect July 1, 2002.
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    Florida Senate - 2002                                   SB 364
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  2                          SENATE SUMMARY
  3    Revises the standard used for determining retardation
      under ch. 393, F.S., to require that the intelligence
  4    test used to make such determination be administered by a
      person authorized under ch. 490, F.S., relating to
  5    psychological services. Limits the number of persons who
      may live in a single housing unit that provides services
  6    for supported living for persons with developmental
      disabilities. Requires that the Department of Children
  7    and Family Services adopt rules for certification
      programs for behavior analysts and adopt additional rules
  8    governing the delivery of services to persons with
      developmental disabilities. (See bill for details.)
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