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.

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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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