HB 1493

1	A bill to be entitled
2	An act relating to substance abuse services; amending s.
3	212.055, F.S.; conforming a cross-reference; amending s.
4	394.67, F.S.; redefining the term "residential treatment
5	center for children and adolescents"; amending s. 394.674,
6	F.S.; establishing priority populations of persons who are
7	eligible for services funded by the Department of Children
8	and Family Services; amending s. 394.9085, F.S.;
9	conforming a cross-reference; amending s. 397.301, F.S.;
10	deleting an obsolete provision; amending s. 397.305, F.S.;
11	revising the legislative findings, intent, and purpose;
12	amending s. 397.311, F.S.; providing, deleting, and
13	revising definitions; amending s. 397.321, F.S.; revising
14	the duties of the Department of Children and Family
15	Services; deleting a provision that authorizes the
16	department to establish a pilot project to serve certain
17	persons who qualify to receive substance abuse or mental
18	health services in a specified district; amending s.
19	397.331, F.S.; revising the term "substance abuse programs
20	and services" or "drug control"; amending s. 397.401,
21	F.S.; providing that it is unlawful for an unlicensed
22	agency to act as a substance abuse service provider;
23	amending s. 397.403, F.S.; revising requirements for a
24	license application; amending s. 397.405, F.S.; providing
25	that a crisis stabilization unit is exempt from licensure;
26	conforming a cross-reference; authorizing the department
27	to adopt certain rules; providing that ch. 397, F.S., does
28	not limit the practice of an advanced registered nurse
29	practitioner who provides substance abuse treatment under
30	certain circumstances; amending s. 397.406, F.S.;
31	providing that substance abuse programs operated directly
32	or under contract by the Department of Juvenile Justice
33	are subject to licensure and regulation; amending s.
34	397.407, F.S.; conforming a cross-reference; revising the
35	licensure process; authorizing the Department of Children
36	and Family Services to issue probationary, regular, and
37	interim licenses; providing requirements for probationary,
38	regular, and interim licenses; repealing s. 397.409, F.S.,
39	relating to probationary, regular, and interim licenses;
40	amending s. 397.411, F.S.; requiring the department to
41	notify certain applicable agencies of any licensure
42	inspections of service providers; amending s. 397.415,
43	F.S.; requiring that fines collected as administrative
44	penalties be deposited in the Operations and Maintenance
45	Trust Fund of the department rather than the Substance
46	Abuse Impairment Provider Licensing Trust Fund; revising
47	requirements for suspending or revoking a license;
48	amending s. 397.416, F.S.; conforming a cross-reference;
49	amending s. 397.419, F.S.; renaming quality assurance
50	programs to "quality improvement programs"; conforming
51	provisions to changes made by the act; revising minimum
52	guidelines for a service provider's quality improvement
53	program; providing additional requirements for a quality
54	improvement program; deleting a provision that requires a
55	quality assurance program to incorporate a peer review
56	process; amending s. 397.427, F.S.; specifying that
57	medication treatment service providers are providers of
58	medication-assisted treatment services for opiate
59	addiction; conforming provisions to changes made by the
60	act; requiring the department to determine the need for
61	establishing medication-assisted treatment services for
62	other substance-use disorders; requiring service providers
63	that provide medication-assisted treatment for other
64	substance-use disorders to provide counseling services;
65	requiring the department to adopt rules to administer
66	medication-assisted treatment services; authorizing a
67	registered nurse, an advanced registered nurse
68	practitioner, and a licensed practical nurse to deliver
69	medication, other than methadone, for the purpose of
70	medication-assisted treatment for opiate addiction under
71	certain conditions; requiring a licensed service provider
72	that provides medication-assisted treatment to adopt
73	written protocols; providing requirements for the
74	protocols; requiring a licensed service provider that
75	provides medication-assisted treatment to maintain and
76	have ready for inspection medical records and protocols;
77	amending s. 397.431, F.S.; conforming provisions to
78	changes made by the act; amending s. 397.451, F.S.;
79	providing that inmate substance abuse programs are exempt
80	from level 2 background screenings; clarifying that
81	certain personnel employed in an inmate substance abuse
82	program are exempt from fingerprinting and background
83	check requirements; amending ss. 397.471, 397.501,
84	397.581, 397.601, 397.6751, 397.6752, 397.6758, 397.6773,
85	397.6797, 397.6799, 397.6819, 397.6821, 397.6822, 397.697,
86	397.6971, 397.6975, 397.6977, 397.702, 397.706, 397.801,
87	397.821, 397.94, 397.95, 397.97, and 397.99, F.S.;
88	conforming provisions to changes made by the act; amending
89	s. 440.102, F.S.; conforming a cross-reference; amending
90	s. 766.101, F.S.; redefining the term "medical review
91	committee" to include a committee to review mental health
92	and substance abuse treatment services provided by the
93	department; repealing s. 394.9081, F.S., relating to
94	target groups for substance abuse and mental health
95	services; providing an effective date.
96
97	Be It Enacted by the Legislature of the State of Florida:
98
99	Section 1.  Paragraph (e) of subsection (5) of section
100	212.055, Florida Statutes, is amended to read:
101	212.055  Discretionary sales surtaxes; legislative intent;
102	authorization and use of proceeds.--It is the legislative intent
103	that any authorization for imposition of a discretionary sales
104	surtax shall be published in the Florida Statutes as a
105	subsection of this section, irrespective of the duration of the
106	levy. Each enactment shall specify the types of counties
107	authorized to levy; the rate or rates which may be imposed; the
108	maximum length of time the surtax may be imposed, if any; the
109	procedure which must be followed to secure voter approval, if
110	required; the purpose for which the proceeds may be expended;
111	and such other requirements as the Legislature may provide.
112	Taxable transactions and administrative procedures shall be as
113	provided in s. 212.054.
114	(5)  COUNTY PUBLIC HOSPITAL SURTAX.--Any county as defined
115	in s. 125.011(1) may levy the surtax authorized in this
116	subsection pursuant to an ordinance either approved by
117	extraordinary vote of the county commission or conditioned to
118	take effect only upon approval by a majority vote of the
119	electors of the county voting in a referendum. In a county as
120	defined in s. 125.011(1), for the purposes of this subsection,
121	"county public general hospital" means a general hospital as
122	defined in s. 395.002 which is owned, operated, maintained, or
123	governed by the county or its agency, authority, or public
124	health trust.
125	(e)  A governing board, agency, or authority shall be
126	chartered by the county commission upon this act becoming law.
127	The governing board, agency, or authority shall adopt and
128	implement a health care plan for indigent health care services.
129	The governing board, agency, or authority shall consist of no
130	more than seven and no fewer than five members appointed by the
131	county commission. The members of the governing board, agency,
132	or authority shall be at least 18 years of age and residents of
133	the county. No member may be employed by or affiliated with a
134	health care provider or the public health trust, agency, or
135	authority responsible for the county public general hospital.
136	The following community organizations shall each appoint a
137	representative to a nominating committee: the South Florida
138	Hospital and Healthcare Association, the Miami-Dade County
139	Public Health Trust, the Dade County Medical Association, the
140	Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
141	County. This committee shall nominate between 10 and 14 county
142	citizens for the governing board, agency, or authority. The
143	slate shall be presented to the county commission and the county
144	commission shall confirm the top five to seven nominees,
145	depending on the size of the governing board. Until such time as
146	the governing board, agency, or authority is created, the funds
147	provided for in subparagraph (d)2. shall be placed in a
148	restricted account set aside from other county funds and not
149	disbursed by the county for any other purpose.
150	1.  The plan shall divide the county into a minimum of four
151	and maximum of six service areas, with no more than one
152	participant hospital per service area. The county public general
153	hospital shall be designated as the provider for one of the
154	service areas. Services shall be provided through participants'
155	primary acute care facilities.
156	2.  The plan and subsequent amendments to it shall fund a
157	defined range of health care services for both indigent persons
158	and the medically poor, including primary care, preventive care,
159	hospital emergency room care, and hospital care necessary to
160	stabilize the patient. For the purposes of this section,
161	"stabilization" means stabilization as defined in s. 397.311(31)
162	s. 397.311(30). Where consistent with these objectives, the plan
163	may include services rendered by physicians, clinics, community
164	hospitals, and alternative delivery sites, as well as at least
165	one regional referral hospital per service area. The plan shall
166	provide that agreements negotiated between the governing board,
167	agency, or authority and providers shall recognize hospitals
168	that render a disproportionate share of indigent care, provide
169	other incentives to promote the delivery of charity care to draw
170	down federal funds where appropriate, and require cost
171	containment, including, but not limited to, case management.
172	From the funds specified in subparagraphs (d)1. and 2. for
173	indigent health care services, service providers shall receive
174	reimbursement at a Medicaid rate to be determined by the
175	governing board, agency, or authority created pursuant to this
176	paragraph for the initial emergency room visit, and a per-member
177	per-month fee or capitation for those members enrolled in their
178	service area, as compensation for the services rendered
179	following the initial emergency visit. Except for provisions of
180	emergency services, upon determination of eligibility,
181	enrollment shall be deemed to have occurred at the time services
182	were rendered. The provisions for specific reimbursement of
183	emergency services shall be repealed on July 1, 2001, unless
184	otherwise reenacted by the Legislature. The capitation amount or
185	rate shall be determined prior to program implementation by an
186	independent actuarial consultant. In no event shall such
187	reimbursement rates exceed the Medicaid rate. The plan must also
188	provide that any hospitals owned and operated by government
189	entities on or after the effective date of this act must, as a
190	condition of receiving funds under this subsection, afford
191	public access equal to that provided under s. 286.011 as to any
192	meeting of the governing board, agency, or authority the subject
193	of which is budgeting resources for the retention of charity
194	care, as that term is defined in the rules of the Agency for
195	Health Care Administration. The plan shall also include
196	innovative health care programs that provide cost-effective
197	alternatives to traditional methods of service and delivery
198	funding.
199	3.  The plan's benefits shall be made available to all
200	county residents currently eligible to receive health care
201	services as indigents or medically poor as defined in paragraph
202	(4)(d).
203	4.  Eligible residents who participate in the health care
204	plan shall receive coverage for a period of 12 months or the
205	period extending from the time of enrollment to the end of the
206	current fiscal year, per enrollment period, whichever is less.
207	5.  At the end of each fiscal year, the governing board,
208	agency, or authority shall prepare an audit that reviews the
209	budget of the plan, delivery of services, and quality of
210	services, and makes recommendations to increase the plan's
211	efficiency. The audit shall take into account participant
212	hospital satisfaction with the plan and assess the amount of
213	poststabilization patient transfers requested, and accepted or
214	denied, by the county public general hospital.
215	Section 2.  Subsection (21) of section 394.67, Florida
216	Statutes, is amended to read:
217	394.67  Definitions.--As used in this part, the term:
218	(21)  "Residential treatment center for children and
219	adolescents" means a 24-hour residential program, including a
220	therapeutic group home, which provides mental health services to
221	emotionally disturbed children or adolescents as defined in s.
222	394.492(5) or (6) and which is a private for-profit or not-for-
223	profit corporation licensed by the agency under contract with
224	the department which offers a variety of treatment modalities in
225	a more restrictive setting.
226	Section 3.  Section 394.674, Florida Statutes, is amended
227	to read:
228	394.674  Client Clinical eligibility for publicly funded
229	substance abuse and mental health services; fee collection
230	requirements.--
231	(1)  To be eligible to receive substance abuse and mental
232	health services funded by the department, a person must be a
233	member of at least one of the department's priority populations
234	target groups approved by the Legislature, pursuant to s.
235	216.0166. The priority populations include:
236	(a)  For adult mental health services:
237	1.  Adults who have severe and persistent mental illness,
238	as designated by the department using criteria that include
239	severity of diagnosis, duration of the mental illness, ability
240	to independently perform activities of daily living, and receipt
241	of disability income for a psychiatric condition. Included
242	within this group are:
243	a.  Older adults in crisis.
244	b.  Older adults who are at risk of being placed in a more
245	restrictive environment because of their mental illness.
246	c.  Persons deemed incompetent to proceed or not guilty by
247	reason of insanity under chapter 916.
248	d.  Other persons involved in the criminal justice system.
249	e.  Persons diagnosed as having co-occurring mental illness
250	and substance abuse disorders.
251	2.  Persons who are experiencing an acute mental or
252	emotional crisis as defined in s. 394.67(17).
253	(b)  For children's mental health services:
254	1.  Children who are at risk of emotional disturbance as
255	defined in s. 394.492(4).
256	2.  Children who have an emotional disturbance as defined
257	in s. 394.492(5).
258	3.  Children who have a serious emotional disturbance as
259	defined in s. 394.492(6).
260	4.  Children diagnosed as having a co-occurring substance
261	abuse and emotional disturbance or serious emotional
262	disturbance.
263	(c)  For substance abuse treatment services:
264	1.  Adults who have substance abuse disorders and a history
265	of intravenous drug use.
266	2.  Persons diagnosed as having co-occurring substance
267	abuse and mental health disorders.
268	3.  Parents who put children at risk due to a substance
269	abuse disorder.
270	4.  Persons who have a substance abuse disorder and have
271	been ordered by the court to receive treatment.
272	5.  Children at risk for initiating drug use.
273	6.  Children under state supervision.
274	7.  Children who have a substance abuse disorder but who
275	are not under the supervision of a court or in the custody of a
276	state agency.
277	8.  Persons identified as being part of a priority
278	population as a condition for receiving services funded through
279	the Mental Health and Substance Abuse Block Grant.
280	(2)  Crisis services, as defined in s. 394.67, must, within
281	the limitations of available state and local matching resources,
282	be available to each person who is eligible for services under
283	subsection (1), regardless of the person's ability to pay for
284	such services. A person who is experiencing a mental health
285	crisis and who does not meet the criteria for involuntary
286	examination under s. 394.463(1), or a person who is experiencing
287	a substance abuse crisis and who does not meet the involuntary
288	admission criteria in s. 397.675, must contribute to the cost of
289	his or her care and treatment pursuant to the sliding fee scale
290	developed under subsection (4), unless charging a fee is
291	contraindicated because of the crisis situation.
292	(3)  Mental health services, substance abuse services, and
293	crisis services, as defined in s. 394.67, must, within the
294	limitations of available state and local matching resources, be
295	available to each person who is eligible for services under
296	subsection (1). Such person must contribute to the cost of his
297	or her care and treatment pursuant to the sliding fee scale
298	developed under subsection (4).
299	(4)  The department shall adopt rules to implement client
300	the clinical eligibility, client enrollment, and fee collection
301	requirements for publicly funded substance abuse and mental
302	health services.
303	(a)  The rules must require that each provider under
304	contract with the department which enrolls eligible persons into
305	treatment to develop a sliding fee scale for persons who have a
306	net family income at or above 150 percent of the Federal Poverty
307	Income Guidelines, unless otherwise required by state or federal
308	law. The sliding fee scale must use the uniform schedule of
309	discounts by which a provider under contract with the department
310	discounts its established client charges for services supported
311	with state, federal, or local funds, using, at a minimum,
312	factors such as family income, financial assets, and family size
313	as declared by the person or the person's guardian. The rules
314	must include uniform criteria to be used by all service
315	providers in developing the schedule of discounts for the
316	sliding fee scale.
317	(b)  The rules must address the most expensive types of
318	treatment, such as residential and inpatient treatment, in order
319	to make it possible for a client to responsibly contribute to
320	his or her mental health or substance abuse care without
321	jeopardizing the family's financial stability. A person who is
322	not eligible for Medicaid and whose net family income is less
323	than 150 percent of the Federal Poverty Income Guidelines must
324	pay a portion of his or her treatment costs which is comparable
325	to the copayment amount required by the Medicaid program for
326	Medicaid clients pursuant to s. 409.9081.
327	(c)  The rules must require that persons who receive
328	financial assistance from the Federal Government because of a
329	disability and are in long-term residential treatment settings
330	contribute to their board and care costs and treatment costs and
331	must be consistent with the provisions in s. 409.212.
332	(5)  A person who meets the eligibility criteria in
333	subsection (1) shall be served in accordance with the
334	appropriate district substance abuse and mental health services
335	plan specified in s. 394.75 and within available resources.
336	Section 4.  Subsection (6) of section 394.9085, Florida
337	Statutes, is amended to read:
338	394.9085  Behavioral provider liability.--
339	(6)  For purposes of this section, the terms
340	"detoxification program," "addictions receiving facility," and
341	"receiving facility" have the same meanings as those provided in
342	ss. 397.311(17) 397.311(18)(b), 397.311(18)(a), and 394.455(26),
343	respectively.
344	Section 5.  Section 397.301, Florida Statutes, is amended
345	to read:
346	397.301  Short title.--This act may be cited as the "Hal S.
347	Marchman Alcohol and Other Drug Services Act of 1993."
348	Section 6.  Section 397.305, Florida Statutes, is amended
349	to read:
350	397.305  Legislative findings, intent, and purpose.--
351	(1)  Substance abuse is a major health problem that affects
352	multiple service systems and leads to such profoundly disturbing
353	consequences as serious impairment, chronic addiction, criminal
354	behavior, vehicular casualties, spiraling health care costs,
355	AIDS, and business losses, and significantly profoundly affects
356	the culture, socialization, and learning ability of children
357	within our schools and educational systems. Substance abuse
358	impairment is a disease which affects the whole family and the
359	whole society and requires a system of care that includes
360	specialized prevention, intervention, clinical and treatment,
361	and recovery support services that support and strengthen the
362	family unit. Further, it is the intent of the Legislature to
363	require the collaboration of state agencies, services, and
364	program offices to achieve the goals of this chapter and address
365	the needs of the public; to establish a comprehensive system of
366	care for substance abuse; and to reduce duplicative requirements
367	across state agencies. This chapter is designed to provide for
368	substance abuse services.
369	(2)  It is the goal of the Legislature to discourage
370	substance abuse by promoting healthy lifestyles, healthy
371	families, and drug-free schools, workplaces, and communities.
372	(3)(2)  It is the purpose of this chapter to provide for a
373	comprehensive continuum of accessible and quality substance
374	abuse prevention, intervention, clinical and treatment, and
375	recovery support services in the least restrictive environment
376	which promotes long-term recovery while protecting and
377	respecting of optimum care that protects and respects the rights
378	of individuals clients, especially for involuntary admissions,
379	primarily through community-based private not-for-profit
380	providers working with local governmental programs involving a
381	wide range of agencies from both the public and private sectors.
382	Further, it is the purpose of the Legislature to provide funds
383	for the establishment of a clear framework for the comprehensive
384	provision of substance abuse services in the context of a
385	coordinated system of care and to provide for program evaluation
386	efforts, adequate administrative support services, and quality
387	improvement strategies that establish requirements for the
388	provision of direct services.
389	(4)(3)  It is the intent of the Legislature to ensure
390	within available resources a full system of care for continuum
391	of substance abuse services based on projected identified needs,
392	delivered without discrimination and with adequate provision for
393	specialized needs.
394	(5)  It is the intent of the Legislature to establish co-
395	occurring services for individuals who exhibit one or more
396	substance-abuse-related disorders, as well as one or more mental
397	disorders.
398	(4)  It is the goal of the Legislature to discourage
399	substance abuse by promoting healthy lifestyles and drug-free
400	schools, workplaces, and communities.
401	(5)  It is the purpose of the Legislature to integrate
402	program evaluation efforts, adequate administrative support
403	services, and quality assurance strategies with direct service
404	provision requirements and to ensure funds for these purposes.
405	(6)  It is the intent of the Legislature to require the
406	cooperation of departmental programs, services, and program
407	offices in achieving the goals of this chapter and addressing
408	the needs of clients.
409	(6)(7)  It is the intent of the Legislature to provide, for
410	substance abuse impaired adult and juvenile offenders, an
411	alternative to criminal imprisonment for substance abuse
412	impaired adults and juvenile offenders by encouraging the
413	referral of such offenders to service providers not generally
414	available within the juvenile justice and correctional systems,
415	system instead of or in addition to criminal penalties.
416	(7)(8)  It is the intent of the Legislature to provide,
417	within the limits of appropriations and safe management of the
418	juvenile justice and correctional systems system, substance
419	abuse services to substance abuse impaired offenders who are
420	placed by the Department of Juvenile Justice or who are
421	incarcerated within the Department of Corrections, in order to
422	better enable these offenders or inmates to adjust to the
423	conditions of society presented to them when their terms of
424	placement or incarceration end.
425	(8)(9)  It is the intent of the Legislature to provide for
426	assisting substance abuse impaired persons primarily through
427	health and other rehabilitative services in order to relieve the
428	police, courts, correctional institutions, and other criminal
429	justice agencies of a burden that interferes with their ability
430	to protect people, apprehend offenders, and maintain safe and
431	orderly communities.
432	(10)  It is the purpose of the Legislature to establish a
433	clear framework for the comprehensive provision of substance
434	abuse services in the context of a coordinated and orderly
435	system.
436	(11)  It is the intent of the Legislature that the freedom
437	of religion of all citizens shall be inviolate. Nothing in this
438	act shall give any governmental entity jurisdiction to regulate
439	religious, spiritual, or ecclesiastical services.
440	Section 7.  Section 397.311, Florida Statutes, is amended
441	to read:
442	397.311  Definitions.--As used in this chapter, except part
443	VIII, the term:
444	(1)  "Ancillary services" are services that which include,
445	but are not limited to, special diagnostic, prenatal and
446	postnatal, other medical, mental health, legal, economic,
447	vocational, employment, and educational services.
448	(2)  "Assessment" means the systematic evaluation of
449	information gathered to determine the nature and severity of the
450	client's substance abuse problem and the client's need and
451	motivation for services. Assessment entails the use of a
452	psychosocial history supplemented, as required by rule, by
453	medical examinations, laboratory testing, and psychometric
454	measures.
455	(2)(3)  "Authorized agent of the department" means a person
456	designated by the department to conduct any audit, inspection,
457	monitoring, evaluation, or other duty imposed upon the
458	department pursuant to this chapter. An authorized agent must be
459	qualified by expertise and experience to perform these
460	functions. identified by the department as:
461	(a)  Qualified by the requisite expertise and experience;
462	(b)  Having a need to know the applicable information; and
463	(c)  Having the assigned responsibility to carry out the
464	applicable duty.
465	(3)(4)  "Beyond the safe management capabilities of the
466	service provider" refers to an individual a client who is in
467	need of:
468	(a)  Supervision;
469	(b)  Medical care; or
470	(c)  Services,
471
472	beyond that which the service provider or service component can
473	deliver.
474	(4)  "Clinical assessment" means the collection of detailed
475	information concerning an individual's substance use, emotional
476	and physical health, social roles, and other areas that may
477	reflect the severity of the individual's abuse of alcohol or
478	drugs. The collection of information serves as a basis for
479	identifying an appropriate treatment regimen.
480	(5)  "Client" means a recipient of alcohol or other drug
481	services delivered by a service provider but does not include an
482	inmate pursuant to part VIII unless expressly so provided.
483	(6)  "Client identifying information" means the name,
484	address, social security number, fingerprints, photograph, and
485	similar information by which the identity of a client can be
486	determined with reasonable accuracy and speed either directly or
487	by reference to other publicly available information.
488	(5)(7)  "Court" means, with respect to all involuntary
489	proceedings under this chapter, the circuit court of the county
490	in which the judicial proceeding is pending or where the
491	substance abuse impaired person resides or is located, and
492	includes any general or special magistrate that may be appointed
493	by the chief judge to preside over all or part of such
494	proceeding. Otherwise, "court" refers to the court of legal
495	jurisdiction in the context in which the term is used in this
496	chapter.
497	(6)(8)  "Department" means the Department of Children and
498	Family Services.
499	(7)(9)  "Director" means the chief administrative or
500	executive officer of a service provider.
501	(8)(10)  "Disclose" or "disclosure" means a communication
502	of client identifying information, the affirmative verification
503	of another person's communication of client identifying
504	information, or the communication of any information regarding
505	an individual of a client who has received services been
506	identified. Any disclosure made pursuant to this chapter must be
507	limited to that information which is necessary to carry out the
508	purpose of the disclosure.
509	(9)(11)  "Fee system" means a method of establishing
510	charges for services rendered, in accordance with an
511	individual's a client's ability to pay, used by providers that
512	receive state funds.
513	(10)(12)  "For profit" means registered as for profit by
514	the Secretary of State and recognized by the Internal Revenue
515	Service as a for-profit entity.
516	(11)(13)  "Habitual abuser" means a person who is brought
517	to the attention of law enforcement for being substance
518	impaired, who meets the criteria for involuntary admission in s.
519	397.675, and who has been taken into custody for such impairment
520	three or more times during the preceding 12 months.
521	(12)(14)  "Hospital" means a hospital or hospital-based
522	component licensed under chapter 395.
523	(13)  "Identifying information" means the name, address,
524	social security number, fingerprints, photograph, and similar
525	information by which the identity of an individual can be
526	determined with reasonable accuracy directly or by reference to
527	other publicly available information.
528	(14)(15)  "Impaired" or "substance abuse impaired" means a
529	condition involving the use of alcoholic beverages or any
530	psychoactive or mood-altering substance in such a manner as to
531	induce mental, emotional, or physical problems and cause
532	socially dysfunctional behavior.
533	(15)  "Individual" means a person who receives alcohol or
534	other drug abuse treatment services delivered by a service
535	provider. The term does not include an inmate pursuant to part
536	VIII of this chapter unless expressly so provided.
537	(16)  "Individualized treatment or service plan" means an
538	immediate and a long-range plan for substance abuse or ancillary
539	services developed on the basis of a client's assessed needs.
540	(16)(17)  "Law enforcement officer" means a law enforcement
541	officer as defined in s. 943.10(1).
542	(17)(18)  "Licensed service provider" means a public agency
543	under this chapter, a private for-profit or not-for-profit
544	agency under this chapter, a physician or any other private
545	practitioner licensed under this chapter, or a hospital that
546	offers substance abuse impairment services through one or more
547	of the following licensable service components. Licensable
548	service components include a comprehensive continuum of
549	accessible and quality substance abuse prevention, intervention,
550	and clinical treatment services, including the following
551	services:
552	(a)  "Clinical treatment" means a professionally directed,
553	deliberate, and planned regimen of services and interventions
554	that are designed to reduce or eliminate the misuse of drugs and
555	alcohol and promote a healthy, drug-free lifestyle. As defined
556	in rule, clinical treatment services must include, but are not
557	limited to:
558	1.  Addictions receiving facilities;
559	2.  Detoxification;
560	3.  Intensive inpatient treatment;
561	4.  Residential treatment;
562	5.  Day or night treatment;
563	6.  Day or night treatment with community housing;
564	7.  Outpatient treatment;
565	8.  Intensive outpatient treatment; and
566	9.  Medication-assisted treatment.
567	(b)  "Intervention" means structured services directed
568	toward individuals or groups at risk of substance abuse and
569	focused on reducing or impeding those factors associated with
570	the onset or the early stages of substance abuse and related
571	problems.
572	(c)  "Prevention" means a process involving strategies
573	aimed at the individual, family, community, or substance which
574	includes strategies and systems that preclude, forestall, or
575	impede the development of substance abuse problems and promote
576	responsible lifestyles.
577	(a)  Addictions receiving facility, which is a community-
578	based facility designated by the department to receive, screen,
579	and assess clients found to be substance abuse impaired, in need
580	of emergency treatment for substance abuse impairment, or
581	impaired by substance abuse to such an extent as to meet the
582	criteria for involuntary admission in s. 397.675, and to provide
583	detoxification and stabilization. An addictions receiving
584	facility must be state-owned, state-operated, or state-
585	contracted, and licensed pursuant to rules adopted by the
586	department's Substance Abuse Program Office which include
587	specific authorization for the provision of levels of care and a
588	requirement of separate accommodations for adults and minors.
589	Addictions receiving facilities are designated as secure
590	facilities to provide an intensive level of care and must have
591	sufficient staff and the authority to provide environmental
592	security to handle aggressive and difficult-to-manage behavior
593	and deter elopement.
594	(b)  Detoxification, which uses medical and psychological
595	procedures and a supportive counseling regimen to assist clients
596	in managing toxicity and withdrawing and stabilizing from the
597	physiological and psychological effects of substance abuse
598	impairment.
599	(c)  Intensive inpatient treatment, which includes a
600	planned regimen of professionally directed evaluation,
601	observation, medical monitoring, and clinical protocols provided
602	24 hours per day, 7 days per week, in a highly structured, live-
603	in environment.
604	(d)  Residential treatment, which provides a structured,
605	live-in environment within a nonhospital setting on a 24-hours-
606	a-day, 7-days-a-week basis, and which includes:
607	1.  Facilities that provide room and board and treatment
608	and rehabilitation within the primary residential facility; and
609	2.  Facilities that are used for room and board only and in
610	which treatment and rehabilitation activities are provided on a
611	mandatory basis at locations other than the primary residential
612	facility. In this case, facilities used for room and board and
613	for treatment and rehabilitation are operated under the auspices
614	of the same provider, and licensing and regulatory requirements
615	would apply to both the residential facility and all other
616	facilities in which treatment and rehabilitation activities
617	occur.
618	(e)  Day and night treatment, which provides a
619	nonresidential environment with a structured schedule of
620	treatment and rehabilitation services.
621	(f)  Outpatient treatment, which provides individual,
622	group, or family counseling for clients by appointment during
623	scheduled operating hours, with an emphasis on assessment and
624	treatment.
625	(g)  Medication and methadone maintenance treatment that
626	uses methadone or other medication as authorized by state and
627	federal law, in conjunction with medical, rehabilitative, and
628	counseling services in the treatment of clients who are
629	dependent upon opioid drugs.
630	(h)  Prevention, which is a process involving strategies
631	aimed at the individual, the environment, or the substance,
632	which strategies preclude, forestall, or impede the development
633	of substance abuse problems and promote responsible personal and
634	social growth of individuals and families toward full human
635	potential.
636	(i)  Intervention, which consists of structured services
637	targeted toward individuals or groups at risk and focused on
638	reducing those factors associated with the onset or the early
639	stages of substance abuse, and related problems.
640	(19)  "Medical monitoring" means oversight and treatment,
641	24 hours per day by medical personnel who are licensed under
642	chapter 458, chapter 459, or chapter 464, of clients whose
643	subacute biomedical, emotional, psychosocial, behavioral, or
644	cognitive problems are so severe that the clients require
645	intensive inpatient treatment by an interdisciplinary team.
646	(18)(20)  "Not for profit" means registered as not for
647	profit by the Secretary of State and recognized by the Internal
648	Revenue Service as a not-for-profit entity.
649	(19)(21)  "Physician" means a person licensed under chapter
650	458 to practice medicine or licensed under chapter 459 to
651	practice osteopathic medicine, and may include, if the context
652	so indicates, an intern or resident enrolled in an intern or
653	resident training program affiliated with an approved medical
654	school, hospital, or other facility through which training
655	programs are normally conducted.
656	(22)  "Preliminary screening" means the gathering of
657	initial information to be used in determining a person's need
658	for assessment or for referral.
659	(20)(23)  "Private practitioner" means a physician licensed
660	under chapter 458 or chapter 459, a psychologist licensed under
661	chapter 490, or a clinical social worker, marriage and family
662	therapist, or mental health counselor licensed under chapter
663	491.
664	(21)(24)  "Program evaluation" or "evaluation" means a
665	systematic measurement of a service provider's achievement of
666	desired individual client or service outcomes.
667	(22)(25)  "Qualified professional" means a physician
668	licensed under chapter 458 or chapter 459; a professional
669	licensed under chapter 490 or chapter 491; an advanced
670	registered nurse practitioner licensed under part I of chapter
671	464; or a person who is certified through a department-
672	recognized certification process for substance abuse treatment
673	services and who holds, at a minimum, a bachelor's degree. A
674	person who is certified in substance abuse treatment services by
675	a state-recognized certification process in another state at the
676	time of employment with a licensed substance abuse provider in
677	this state may perform the functions of a qualified professional
678	as defined in this chapter but must meet certification
679	requirements contained in this subsection no later than 1 year
680	after his or her date of employment.
681	(23)  "Quality improvement" means a systematic and
682	organized approach to monitor and continuously improve the
683	quality of services in order to maintain, restore, or improve
684	outcomes for individuals and populations throughout a system of
685	care.
686	(24)  "Recovery" means a process of personal change through
687	which individuals abstain from alcohol or drug use and improve
688	health, wellness, and quality of life.
689	(25)  "Recovery support" means services designed to
690	strengthen or assist individuals to regain skills, develop the
691	environmental supports necessary to help the individual thrive
692	in the community, and meet life goals that promote recovery from
693	alcohol and drug use. These services include, but are not
694	limited to, economic, vocational, employment, educational,
695	housing, and other ancillary services.
696	(26)  "Screening" means the gathering of initial
697	information to be used in determining a person's need for
698	assessment, services, or referral.
699	(26)  "Quality assurance" means the objective and internal
700	systematic monitoring of the appropriateness and quality of
701	client care rendered by a service provider.
702	(27)  "Secure facility," except where the context indicates
703	a correctional system facility, means a provider that has the
704	authority to deter the premature departure of involuntary
705	individuals clients whose leaving constitutes a violation of a
706	court order or community-based supervision as provided by law.
707	The term "secure facility" includes addictions receiving
708	facilities and facilities authorized by local ordinance for the
709	treatment of habitual abusers.
710	(28)  "Service component" or "component" means a discrete
711	operational entity within a service provider that is subject to
712	licensing as defined by rule. Service components include
713	prevention, intervention, and clinical treatment described in
714	subsection (17).
715	(29)(28)  "Service provider" or "provider" means a public
716	agency, a private for-profit or not-for-profit agency, a person
717	who is a private practitioner, or a hospital licensed under this
718	chapter or exempt from licensure under this chapter.
719	(30)(29)  "Service provider personnel" or "personnel"
720	includes all owners, directors, chief financial officers, staff,
721	and volunteers, including foster parents, of a service provider.
722	(31)(30)  "Stabilization" means:
723	(a)  Alleviation of a crisis condition; or
724	(b)  Prevention of further deterioration,
725
726	and connotes short-term emergency treatment.
727	(32)  "Substate entity" means a departmental office
728	designated to serve a geographical area specified by the
729	department.
730	(33)  "System of care" means a coordinated continuum of
731	community-based services and supports that are organized to meet
732	the challenges and needs of individuals who are at risk of
733	developing substance abuse problems or individuals who have
734	substance abuse problems.
735	(34)  "Treatment plan" means an immediate and a long-range
736	plan based upon an individual's assessed needs and used to
737	address and monitor an individual's recovery from substance
738	abuse.
739	Section 8.  Subsections (18) and (19) of section 397.321,
740	Florida Statutes, are renumbered as subsections (19) and (20),
741	respectively, subsections (2) and (14) and present subsection
742	(20) are amended, subsection (17) is renumbered as subsection
743	(18) and amended, and a new subsection (17) is added to that
744	section, to read:
745	397.321  Duties of the department.--The department shall:
746	(2)  Ensure that a plan for substance abuse services is
747	developed at the local substate entity district level in
748	accordance with the provisions of part IV of chapter 394.
749	(7)  Ensure that each licensed service provider develops a
750	system and procedures for:
751	(a)  Clinical Client assessment.
752	(b)  Individualized Treatment or services planning.
753	(c)  Client Referral.
754	(d)  Client Progress reviews.
755	(e)  Client Followup.
756	(14)  In cooperation with service providers, foster and
757	actively seek additional funding to enhance resources for
758	prevention, intervention, clinical and treatment, and recovery
759	support services, including, but not limited to, the development
760	of partnerships with:
761	(a)  Private industry.
762	(b)  Intradepartmental and interdepartmental program
763	offices, including, but not limited to, child care services;
764	family safety; delinquency services; health services; economic
765	services; and children's medical services.
766	(c)  State agencies, including, but not limited to, the
767	Department Departments of Corrections, the Department of
768	Education, the Department of Juvenile Justice, the Department of
769	Community Affairs, the Department of Elderly Affairs, the
770	Department of Health, the Department of Financial Services, and
771	the Agency for Health Care Administration Insurance.
772	(17)  Recognize a statewide certification process for
773	substance abuse prevention coalitions that are funded by the
774	department.
775	(18)(17)  Provide sufficient and qualified staff to oversee
776	all contracting, licensing, and planning functions within each
777	of its substate district offices, as permitted by legislative
778	appropriation.
779	(19)(18)  Ensure that the department develops and ensures
780	the implementation of procedures between its Substance Abuse
781	Program Office and other departmental programs regarding the
782	referral of substance abuse impaired persons to service
783	providers, information on service providers, information on
784	methods of identifying substance abuse impaired juveniles, and
785	procedures for referring such juveniles to appropriate service
786	providers.
787	(20)(19)  Designate addictions receiving facilities for the
788	purpose of ensuring that only qualified service providers render
789	services within the context of a secure facility setting.
790	(20)  The department may establish in District 9, in
791	cooperation with the Palm Beach County Board of County
792	Commissioners, a pilot project to serve in a managed care
793	arrangement non-Medicaid eligible persons who qualify to receive
794	substance abuse or mental health services from the department.
795	The department may contract with a not-for-profit entity to
796	conduct the pilot project. The results of the pilot project
797	shall be reported to the district administrator, and the
798	secretary 18 months after the initiation. The department shall
799	incur no additional administrative costs for the pilot project.
800	Section 9.  Paragraph (b) of subsection (1) of section
801	397.331, Florida Statutes, is amended to read:
802	397.331  Definitions; legislative intent.--
803	(1)  As used in this act, the term:
804	(b)  "Substance abuse programs and services" or "drug
805	control" applies generally to the broad continuum of prevention,
806	intervention, clinical and treatment, recovery support
807	initiatives, and efforts to limit substance abuse, and also
808	includes initiatives and efforts by law enforcement agencies to
809	limit substance abuse.
810	Section 10.  Subsections (1), (3), and (4) of section
811	397.401, Florida Statutes, are amended to read:
812	397.401  License required; penalty; injunction; rules
813	waivers.--
814	(1)  It is unlawful for any person or agency to act as a
815	substance abuse service provider unless it is licensed or exempt
816	from licensure under this chapter.
817	(3)  The department may maintain an action in circuit court
818	to enjoin the unlawful operation of a substance abuse service
819	provider if the department first gives the violator 14 days'
820	notice of its intent to maintain such action and the violator
821	fails to apply for licensure within that 14-day period. If the
822	department determines that the health, safety, and welfare of
823	individuals are clients is jeopardized, the department may move
824	to enjoin the operation at any time during the 14-day period. If
825	the service provider has already applied for licensure under
826	this chapter and has been denied licensure, the department may
827	move immediately to obtain an injunction.
828	(4)  In accordance with this subsection, the department may
829	waive rules adopted pursuant to this chapter in order to allow
830	service providers to demonstrate and evaluate innovative or
831	cost-effective substance abuse services alternatives. Rules
832	waivers may be granted only in instances where there is
833	reasonable assurance that the health, safety, or welfare of
834	individuals clients will not be endangered. To apply for a rules
835	waiver, the applicant must be a service provider licensed under
836	this chapter and must submit to the department a written
837	description of the concept to be demonstrated, including:
838	(a)  Objectives and anticipated benefits.
839	(b)  The number and types of individuals clients who will
840	be affected.
841	(c)  A description of how the demonstration will be
842	evaluated.
843	(d)  Any other information requested by the department.
844
845	A service provider granted a rules waiver under this subsection
846	must submit a detailed report of the results of its findings to
847	the department within 12 months after receiving the rules
848	waiver. Upon receiving and evaluating the detailed report, the
849	department may renew or revoke the rules waiver or seek any
850	regulatory or statutory changes necessary to allow other service
851	providers to implement the same alternative service.
852	Section 11.  Paragraph (e) of subsection (1) and subsection
853	(3) of section 397.403, Florida Statutes, are amended to read:
854	397.403  License application.--
855	(1)  Applicants for a license under this chapter must apply
856	to the department on forms provided by the department and in
857	accordance with rules adopted by the department. Applications
858	must include at a minimum:
859	(e)  Sufficient information to conduct background screening
860	as provided in s. 397.451.
861	1.  If the results of the background screening indicate
862	that any owner, director, or chief financial officer has been
863	found guilty of, regardless of adjudication, or has entered a
864	plea of nolo contendere or guilty to any offense prohibited
865	under the screening standard, a regular license may not be
866	issued to the applicant service provider unless an exemption
867	from disqualification has been granted by the department as set
868	forth in chapter 435. The owner, director, or chief financial
869	officer manager has 90 days within which to obtain the required
870	exemption, during which time the applicant's license remains in
871	effect.
872	2.  If any owner, director, or chief financial officer is
873	arrested or found guilty of, regardless of adjudication, or has
874	entered a plea of nolo contendere or guilty to any offense
875	prohibited under the screening standard while acting in that
876	capacity, the provider shall immediately remove the person from
877	that position and shall notify the department within 2 days
878	after such removal, excluding weekends and holidays. Failure to
879	remove the owner, director, or chief financial officer manager
880	will result in revocation of the provider's license.
881	(3)  The department shall accept proof of accreditation by
882	the Commission on Accreditation of Rehabilitation Facilities
883	(CARF) CARF--the Rehabilitation Accreditation Commission or the
884	Joint Commission on Accreditation of Health Care Organizations
885	(JCAHCO), or through any other nationally recognized
886	certification process that is acceptable to the department and
887	meets the minimum licensure requirements under this chapter, in
888	lieu of requiring the applicant to submit the information
889	required by paragraphs (1)(a)-(c).
890	Section 12.  Section 397.405, Florida Statutes, is amended
891	to read:
892	397.405  Exemptions from licensure.--The following are
893	exempt from the licensing provisions of this chapter:
894	(1)  A hospital or hospital-based component licensed under
895	chapter 395.
896	(2)  A nursing home facility as defined in s. 400.021.
897	(3)  A substance abuse education program established
898	pursuant to s. 1003.42.
899	(4)  A facility or institution operated by the Federal
900	Government.
901	(5)  A physician licensed under chapter 458 or chapter 459.
902	(6)  A psychologist licensed under chapter 490.
903	(7)  A social worker, marriage and family therapist, or
904	mental health counselor licensed under chapter 491.
905	(8)  A An established and legally cognizable church or
906	nonprofit religious organization or denomination providing
907	substance abuse services, including prevention services, which
908	are solely exclusively religious, spiritual, or ecclesiastical
909	in nature. A church or nonprofit religious organization or
910	denomination providing any of the licensable service components
911	itemized under s. 397.311(17) s. 397.311(18) is not exempt from
912	substance abuse licensure for purposes of its provision of such
913	licensable service components but retains its exemption with
914	respect to all services which are solely exclusively religious,
915	spiritual, or ecclesiastical in nature.
916	(9)  Facilities licensed under chapter 393 which, in
917	addition to providing services to persons with developmental
918	disabilities, also provide services to persons developmentally
919	at risk as a consequence of exposure to alcohol or other legal
920	or illegal drugs while in utero.
921	(10)  DUI education and screening services provided
922	pursuant to ss. 316.192, 316.193, 322.095, 322.271, and 322.291.
923	Persons or entities providing treatment services must be
924	licensed under this chapter unless exempted from licensing as
925	provided in this section.
926	(11)  A facility licensed under s. 394.875 as a crisis
927	stabilization unit. The department may adopt rules regarding
928	standards to ensure that persons who have co-occurring mental
929	and substance abuse disorders receive appropriate treatment.
930
931	The exemptions from licensure in this section do not apply to
932	any service provider that receives an appropriation, grant, or
933	contract from the state to operate as a service provider as
934	defined in this chapter or to any substance abuse program
935	regulated pursuant to s. 397.406. Furthermore, this chapter may
936	not be construed to limit the practice of a physician licensed
937	under chapter 458 or chapter 459, a psychologist licensed under
938	chapter 490, or a psychotherapist licensed under chapter 491, or
939	an advanced registered nurse practitioner licensed under part I
940	of chapter 464, who provides substance abuse treatment, so long
941	as the physician, psychologist, or psychotherapist, or advanced
942	registered nurse practitioner does not represent to the public
943	that he or she is a licensed service provider and does not
944	provide services to individuals clients pursuant to part V of
945	this chapter. Failure to comply with any requirement necessary
946	to maintain an exempt status under this section is a misdemeanor
947	of the first degree, punishable as provided in s. 775.082 or s.
948	775.083.
949	Section 13.  Section 397.406, Florida Statutes, is amended
950	to read:
951	397.406  Licensure and regulation of government-operated
952	substance abuse programs.--Substance abuse programs operated
953	directly or under contract by the department, the Department of
954	Corrections, the Department of Juvenile Justice, any other state
955	agency, or any local correctional agency or authority, which
956	programs constitute any service provider licensable components
957	as defined in this chapter, are subject to licensure and
958	regulation in accordance with rules jointly developed by the
959	department and the state or local agency operating the program.
960	The department has authority to promulgate rules exempting such
961	government-operated programs from specific licensure provisions
962	of this part, including, but not limited to, licensure fees and
963	personnel background checks, and to enforce the regulatory
964	requirements governing such programs.
965	Section 14.  Section 397.407, Florida Statutes, is amended
966	to read:
967	397.407  Licensure process; fees.--
968	(1)  The department shall establish by rule the licensure
969	process to include fees and categories of licenses fees by rule.
970	The rule must prescribe a fee range that is based, at least in
971	part, on the number and complexity of programs listed in s.
972	397.311(17) s. 397.311(18) which are operated by a licensee. The
973	fee range must be implemented over a 5-year period. The fee
974	schedule for licensure of service components must be increased
975	annually in substantially equal increments so that, by July 1,
976	1998, the fees from the licensure of service components are
977	sufficient to cover at least 50 percent of the costs of
978	regulating the service components. The department shall specify
979	by rule a fee range for public and privately funded and phase-in
980	plan for privately funded licensed service providers and a fee
981	range and phase-in plan for publicly funded licensed service
982	providers. Fees for privately funded licensed service providers
983	must exceed the fees for publicly funded licensed service
984	providers. The first year phase-in licensure fees must be at
985	least $150 per initial license. The rule must provide for a
986	reduction in licensure fees for licensed service providers who
987	hold more than one license.
988	(2)  The department shall assess a fee of $100 per licensed
989	service component license for the late filing of an application
990	for renewal of a license.
991	(3)  Licensure and renewal fees must be deposited in the
992	Operations and Maintenance Trust Fund to be used for the actual
993	cost of monitoring, inspecting, and overseeing licensed service
994	providers.
995	(4)  Each application for licensure or renewal must be
996	accompanied by the required fee, except that a service provider
997	that has an all-volunteer staff is exempt from the licensure and
998	renewal fees.
999	(5)  The department may issue probationary, regular, and
1000	interim licenses. The department shall issue one license for
1001	each service component that is operated by a service provider
1002	and defined in rule pursuant to s. 397.311(17). The license is
1003	valid only for the specific service components listed for each
1004	specific location identified on the license. The licensed
1005	service provider shall apply for a new license at least 60 days
1006	before the addition of any service components or 30 days before
1007	the relocation of any of its service sites. Provision of service
1008	components or delivery of services at a location not identified
1009	on the license may be considered an unlicensed operation that
1010	authorizes the department to seek an injunction against
1011	operation as provided in s. 397.401, in addition to other
1012	sanctions authorized by s. 397.415. Probationary and regular
1013	licenses may be issued only after all required information has
1014	been submitted. A license may not be transferred. As used in
1015	this subsection, the term "transfer" includes, but is not
1016	limited to, the transfer of a majority of the ownership interest
1017	in the licensed entity or transfer of responsibilities under the
1018	license to another entity by contractual arrangement.
1019	(6)  A probationary license may be issued to a service
1020	provider applicant in the initial stages of developing services
1021	that are not yet fully operational upon completion of all
1022	application requirements itemized in s. 397.403(1) and upon
1023	demonstration of the applicant's ability to comply with all
1024	applicable statutory and regulatory requirements. A probationary
1025	license expires 90 days after issuance and may be reissued once
1026	for an additional 90-day period if the applicant has
1027	substantially complied with all requirements for regular
1028	licensure or has initiated action to satisfy all requirements.
1029	During the probationary period the department shall monitor the
1030	delivery of services. Notwithstanding s. 120.60(5), the
1031	department may order a probationary licensee to cease and desist
1032	operations at any time it is found to be substantially out of
1033	compliance with licensure standards. This cease-and-desist order
1034	is exempt from the requirements of s. 120.60(6).
1035	(7)  A regular license may be issued to:
1036	(a)  A new applicant at the end of the probationary period.
1037	(b)  A licensed applicant that holds a regular license and
1038	is seeking renewal.
1039	(c)  An applicant for a service component operating under
1040	an interim license upon successful satisfaction of the
1041	requirements for a regular license.
1042
1043	In order to be issued a regular license, the applicant must be
1044	in compliance with statutory and regulatory requirements.
1045	Standards and timeframes for the issuance of a regular license
1046	must be established by rule. An application for renewal of a
1047	regular license must be submitted to the department at least 60
1048	days before the license expires.
1049	(8)  The department may issue an interim license to a
1050	service provider for a period established by the department
1051	which does not exceed 90 days if the department finds that:
1052	(a)  A service component of the provider is in substantial
1053	noncompliance with licensure standards;
1054	(b)  The service provider has failed to provide
1055	satisfactory proof of conformance to fire, safety, or health
1056	requirements; or
1057	(c)  The service provider is involved in license suspension
1058	or revocation proceedings.
1059
1060	An interim license applies only to the licensable service
1061	component of the provider's services which is in substantial
1062	noncompliance with statutory or regulatory requirements. An
1063	interim license expires 90 days after it is issued; however, it
1064	may be reissued once for an additional 90-day period in a case
1065	of extreme hardship in which the noncompliance is not
1066	attributable to the licensed service provider. If the service
1067	provider is appealing the final disposition of license
1068	suspension or revocation proceedings, the court before which the
1069	appeal is taken may order the extension of the interim license
1070	for a period specified in the order.
1071	(9)  A separate license is required for each service
1072	component maintained by the service provider.
1073	(10)  The license must be displayed in a conspicuous place
1074	inside the facility providing the licensed service component.
1075	Section 15.  Section 397.409, Florida Statutes, is
1076	repealed.
1077	Section 16.  Subsection (3) of section 397.411, Florida
1078	Statutes, is amended, present subsection (5) of that section is
1079	redesignated as subsection (6), and a new subsection (5) is
1080	added to that section, to read:
1081	397.411  Inspection; right of entry; records.--
1082	(3)  Notwithstanding the confidentiality provisions of this
1083	chapter, a designated and authorized agent of the department may
1084	access the records of the individuals served by clients of
1085	licensed service providers, but only for purposes of licensing,
1086	monitoring, and investigation. The department may interview
1087	individuals clients, as specified by rule.
1088	(5)  In an effort to coordinate inspections among agencies,
1089	the department shall notify applicable state agencies of any
1090	scheduled licensure inspections of service providers jointly
1091	served by the agencies.
1092	Section 17.  Subsections (1), (2), and (4) of section
1093	397.415, Florida Statutes, are amended to read:
1094	397.415  Denial, suspension, and revocation; other
1095	remedies.--
1096	(1)  If the department determines that an applicant or
1097	licensed service provider or licensed service component thereof
1098	is not in compliance with all statutory and regulatory
1099	requirements, the department may deny, suspend, revoke, or
1100	impose reasonable restrictions or penalties on the license or
1101	any portion of the license. In such case, the department:
1102	(a)  May impose a moratorium on admissions to any service
1103	component of a licensed service provider if the department
1104	determines that conditions within such component are a threat to
1105	the public health or safety.
1106	(b)  May impose an administrative penalty of up to $500 per
1107	day against a licensed service provider operating in violation
1108	of any fire-related, safety-related, or health-related statutory
1109	or regulatory requirement. Fines collected under this paragraph
1110	must be deposited in the Operations and Maintenance Substance
1111	Abuse Impairment Provider Licensing Trust Fund.
1112	(c)  May suspend or revoke the license of a service
1113	provider or may suspend or revoke the license as to the
1114	operation of any service component or location identified on the
1115	license if, after notice, the department it determines that a
1116	service provider has failed to correct the substantial or
1117	chronic violation of any statutory or regulatory requirement
1118	that such as impacts the quality of client care.
1119	(2)  If a provider's license is revoked of a facility or
1120	any service component of a facility is revoked, the service
1121	provider is barred from submitting any application for licensure
1122	of the affected facility or service component to the department
1123	for a period of 1 year after the revocation. If the provider's
1124	license is revoked as to any service component or location
1125	identified on the license, the provider is barred from applying
1126	for licensure of the affected service component or location for
1127	1 year after the revocation.
1128	(4)  The department may maintain an action in court to
1129	enjoin the operation of any licensed or unlicensed provider,
1130	service component, or location facility in violation of this
1131	chapter or the rules adopted under this chapter.
1132	Section 18.  Section 397.416, Florida Statutes, is amended
1133	to read:
1134	397.416  Substance abuse treatment services; qualified
1135	professional.--Notwithstanding any other provision of law, a
1136	person who was certified through a certification process
1137	recognized by the former Department of Health and Rehabilitative
1138	Services before January 1, 1995, may perform the duties of a
1139	qualified professional with respect to substance abuse treatment
1140	services as defined in this chapter, and need not meet the
1141	certification requirements contained in s. 397.311(22) s.
1142	397.311(25).
1143	Section 19.  Section 397.419, Florida Statutes, is amended
1144	to read:
1145	397.419  Quality improvement assurance programs.--
1146	(1)  Each service provider must maintain a an ongoing
1147	quality improvement assurance program to objectively and
1148	systematically monitor and evaluate the appropriateness and
1149	quality of client care, to ensure that services are rendered
1150	consistent with prevailing professional standards, and to
1151	identify and resolve problems.
1152	(2)  For each service provider, a written plan must be
1153	developed with a copy made available upon request submitted to
1154	the department which addresses the minimum guidelines for the
1155	provider's quality improvement assurance program, including, but
1156	not limited to:
1157	(a)  Individual Client care and services standards.
1158	(b)  Individual Client records maintenance procedures.
1159	(c)  Staff development policies and procedures.
1160	(d)  Service-environment Facility safety and maintenance
1161	standards.
1162	(e)  Peer review and utilization management review
1163	procedures.
1164	(f)  Incident reporting policies and procedures that
1165	include, including verification of corrective action, and
1166	provision for reporting to the department within a time period
1167	prescribed by rule, documentation that incident reporting is the
1168	affirmative duty of all staff, and a provision that specifies
1169	that a person who files an incident report may not be subjected
1170	to any civil action by virtue of that incident report.
1171	(3)  The quality improvement assurance program is the
1172	responsibility of the director and is subject to review and
1173	approval by the governing board of the service provider.
1174	(4)  Each director shall designate a person who is an
1175	employee of or under contract with the service provider as the
1176	provider's quality improvement assurance manager.
1177	(5)  Incident reporting is the affirmative duty of all
1178	staff.
1179	(6)  A person who files an incident report may not be
1180	subjected to any civil action by virtue of that incident report.
1181	(5)(7)  The department may access all service provider
1182	records necessary to determine compliance with this section.
1183	Records relating solely to actions taken in carrying out this
1184	section and records obtained by the department to determine a
1185	provider's compliance with this section are confidential and
1186	exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
1187	of the State Constitution. Such records are not admissible in
1188	any civil or administrative action except in disciplinary
1189	proceedings by the Department of Business and Professional
1190	Regulation or the appropriate regulatory board, and are not part
1191	of the record of investigation and prosecution in disciplinary
1192	proceedings made available to the public by the Department of
1193	Business and Professional Regulation or the appropriate
1194	regulatory board. Meetings or portions of meetings of quality
1195	improvement assurance program committees that relate solely to
1196	actions taken pursuant to this section are exempt from s.
1197	286.011.
1198	(6)(8)  The quality improvement assurance program must also
1199	shall be implemented as part of the department's contract
1200	management process. The quality assurance program shall:
1201	(a)  Track performance measures and standards established
1202	by the Legislature as part of the performance-based program
1203	budgeting process;
1204	(a)(b)  Provide a framework for evaluating outcomes which
1205	is separate from the performance-based program budgeting
1206	process, including:
1207	1.  Output measures, such as capacities, technologies, and
1208	infrastructure, that make up the system of care.
1209	2.  Process measures, such as administrative and clinical
1210	components of treatment.
1211	3.  Outcome measures pertaining to the outcomes of
1212	services;
1213	(b)(c)  Provide for a system of analyzing those factors
1214	which have an effect on performance at the local level;
1215	(c)(d)  Provide for a system of reporting the results of
1216	quality improvement assurance reviews; and
1217	(d)(e)  Incorporate best practice models for use in
1218	improving performance in those areas which are deficient.
1219	(9)  The quality assurance program shall incorporate a peer
1220	review process into its protocol, to include:
1221	(a)  Reviews of providers by departmental district staff
1222	and other providers.
1223	(b)  Reviews of individual districts by other districts.
1224	(7)(10)  Contingent upon specific appropriation, a quality
1225	improvement assurance coordinator position shall be established
1226	within each substate entity service district to oversee the
1227	implementation and operation of the quality improvement
1228	assurance program.
1229	Section 20.  Section 397.427, Florida Statutes, is amended
1230	to read:
1231	397.427  Medication-assisted Medication treatment service
1232	providers; rehabilitation program; needs assessment and
1233	provision of services; persons authorized to issue takeout
1234	medication methadone; unlawful operation; penalty.--
1235	(1)  Medication treatment service Providers of medication-
1236	assisted treatment services for opiate addiction may not be
1237	licensed unless they provide supportive rehabilitation programs.
1238	Supportive rehabilitation programs include, but are not limited
1239	to, counseling, therapy, and vocational rehabilitation.
1240	(2)  The department shall determine the need for
1241	establishing medication treatment service providers of
1242	medication-assisted treatment services for opiate addiction.
1243	(a)  Medication treatment service Providers of medication-
1244	assisted treatment services for opiate addiction may be
1245	established only in response to the department's determination
1246	and publication of need for additional medication treatment
1247	services.
1248	(b)  The department shall prescribe by rule the types of
1249	medication-assisted medication treatment services for opiate
1250	addiction for which it is necessary to conduct annual
1251	assessments of need. If needs assessment is required, the
1252	department shall annually conduct the assessment and publish a
1253	statement of findings which identifies each substate entity's
1254	district's need.
1255	(c)  Notwithstanding paragraphs (a) and (b), the license
1256	for medication-assisted medication treatment programs for opiate
1257	addiction licensed before October 1, 1990, may not be revoked
1258	solely because of the department's determination concerning the
1259	need for medication-assisted medication treatment services for
1260	opiate addiction.
1261	(3)  The department shall adopt rules necessary to
1262	administer this section, including, but not limited to, rules
1263	prescribing criteria and procedures for:
1264	(a)  Determining the need for additional medication-
1265	assisted medication treatment services for opiate addiction.
1266	(b)  Selecting medication treatment service providers for
1267	medication-assisted treatment services for opiate addiction when
1268	the number of responses to a publication of need exceeds the
1269	determined need.
1270	(c)  Administering any federally required rules,
1271	regulations, or procedures.
1272	(4)  A service provider operating in violation of this
1273	section is subject to proceedings in accordance with this
1274	chapter to enjoin that unlawful operation.
1275	(5)  Notwithstanding the provisions of s. 465.019(2), a
1276	registered nurse, an advanced registered nurse practitioner, or
1277	a licensed practical nurse working for a licensed service
1278	provider is authorized to deliver takeout medication for opiate
1279	treatment methadone to persons enrolled in a methadone
1280	maintenance treatment program for medication-assisted treatment
1281	for opiate addiction if provided that:
1282	(a)  The medication-assisted methadone maintenance
1283	treatment program for opiate addiction has an appropriate valid
1284	permit issued pursuant to rules adopted promulgated by the Board
1285	of Pharmacy;
1286	(b)  The medication for treatment of opiate addiction has
1287	been delivered pursuant to a valid prescription written by the
1288	program's physician licensed pursuant to chapter 458 or chapter
1289	459;
1290	(c)  The medication for treatment of opiate addiction which
1291	is ordered appears on a formulary and is prepackaged and
1292	prelabeled with dosage instructions and distributed from a
1293	source authorized under chapter 499;
1294	(d)  Each licensed provider adopts written protocols which
1295	provide for supervision of the registered nurse, advanced
1296	registered nurse practitioner, or licensed practical nurse by a
1297	physician licensed pursuant to chapter 458 or chapter 459 and
1298	for the procedures by which patients' medications may be
1299	delivered by the registered nurse, advanced registered nurse
1300	practitioner, or licensed practical nurse. Such protocols shall
1301	be signed by the supervising physician and either the
1302	administering registered nurse, the advanced registered nurse
1303	practitioner, or the licensed practical nurse.
1304	(e)  Each licensed service provider maintains and has
1305	available for inspection by representatives of the Board of
1306	Pharmacy all medical records and patient care protocols,
1307	including records of medications delivered to patients, in
1308	accordance with the board.
1309	(6)  The department shall also determine the need for
1310	establishing medication-assisted treatment for substance abuse
1311	disorders other than opiate dependence. Service providers within
1312	the publicly funded system shall be funded for provision of
1313	these services based on the availability of funds.
1314	(7)  Service providers that provide medication-assisted
1315	treatment for substance abuse disorders other than opiate
1316	dependence shall provide counseling services in conjunction with
1317	medication-assisted treatment.
1318	(8)  The department shall adopt rules necessary to
1319	administer medication-assisted treatment services, including,
1320	but not limited to, rules prescribing criteria and procedures
1321	for:
1322	(a)  Determining the need for medication-assisted treatment
1323	services within the publicly funded system.
1324	(b)  Selecting medication-assisted service providers within
1325	the publicly funded system.
1326	(c)  Administering any federally required rules,
1327	regulations, or procedures related to the provision of
1328	medication-assisted treatment.
1329	(9)  A registered nurse, an advanced registered nurse
1330	practitioner, or a licensed practical nurse working for a
1331	licensed service provider may deliver medication as prescribed
1332	by rule if:
1333	(a)  The service provider authorized to provide medication-
1334	assisted treatment has an appropriate valid permit issued
1335	pursuant to rules adopted by the Board of Pharmacy;
1336	(b)  The medication has been delivered pursuant to a valid
1337	prescription written by the program's physician who is licensed
1338	under chapter 458 or chapter 459; and
1339	(c)  The medication ordered appears on a formulary or meets
1340	federal requirements for medication-assisted treatment.
1341	(10)  Each licensed service provider that provides
1342	medication-assisted treatment must adopt written protocols as
1343	specified by the department and in accordance with federally
1344	required rules, regulations, or procedures. The protocol shall
1345	provide for the supervision of the registered nurse, advanced
1346	registered nurse practitioner, or licensed practical nurse
1347	working under the supervision of a physician who is licensed
1348	under chapter 458 or chapter 459. The protocol must specify how
1349	the medication will be used in conjunction with counseling or
1350	psychosocial treatment and that the services provided will be
1351	included on the treatment plan. The protocol must specify the
1352	procedures by which medication-assisted treatment may be
1353	delivered by the registered nurse, advanced registered nurse
1354	practitioner, or licensed practical nurse. These protocols shall
1355	be signed by the supervising physician and the administering
1356	registered nurse, advanced registered nurse practitioner, or
1357	licensed practical nurse.
1358	(11)  Each licensed service provider shall maintain and
1359	have available for inspection by representatives of the Board of
1360	Pharmacy all medical records and protocols, including records of
1361	medications delivered to individuals in accordance with rules of
1362	the board.
1363	Section 21.  Section 397.431, Florida Statutes, is amended
1364	to read:
1365	397.431  Individual Client responsibility for cost of
1366	substance abuse impairment services.--
1367	(1)  Before Prior to accepting an individual a client for
1368	admission and in accordance with confidentiality guidelines,
1369	both the full charge for services and the fee charged to the
1370	individual client for such services under the provider's fee
1371	system or payment policy must be disclosed to each individual
1372	client or his or her authorized personal representative, or
1373	parent or legal guardian if the individual client is a minor who
1374	did not seek treatment voluntarily and without parental consent.
1375	(2)  An individual A client or his or her authorized
1376	personal representative, or parent or legal guardian if the
1377	individual client is a minor, is required to contribute toward
1378	the cost of substance abuse services in accordance with his or
1379	her ability to pay, unless otherwise provided by law.
1380	(3)  The parent, legal guardian, or legal custodian of a
1381	minor is not liable for payment for any substance abuse services
1382	provided to the minor without parental consent pursuant to s.
1383	397.601(4), unless the parent, legal guardian, or legal
1384	custodian participates or is ordered to participate in the
1385	services, and only for the substance abuse services rendered. If
1386	the minor is receiving services as a juvenile offender, the
1387	obligation to pay is governed by the law relating to juvenile
1388	offenders.
1389	(4)  Service providers that do not contract for state funds
1390	to provide substance abuse services as defined in this chapter
1391	may establish their own admission policies regarding provisions
1392	for payment for services. Such policies must comply with other
1393	statutory and regulatory requirements governing state or federal
1394	reimbursements to a provider for services delivered to
1395	individuals individual clients. As used in this subsection, the
1396	term "contract for state funds" does not include Medicaid funds.
1397	(5)  Service providers that contract for state funds to
1398	provide substance abuse services as defined in this chapter must
1399	establish a fee system based upon an individual's a client's
1400	ability to pay and, if space and sufficient state resources are
1401	available, may not deny an individual a client access to
1402	services solely on the basis of the individual's client's
1403	inability to pay.
1404	Section 22.  Paragraphs (a) and (e) of subsection (1) of
1405	section 397.451, Florida Statutes, are amended to read:
1406	397.451  Background checks of service provider personnel.--
1407	(1)  PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
1408	EXCEPTIONS.--
1409	(a)  Background checks shall apply as follows:
1410	1.  All owners, directors, and chief financial officers of
1411	service providers are subject to level 2 background screening as
1412	provided under chapter 435. Inmate substance abuse programs
1413	operated directly or under contract with the Department of
1414	Corrections are exempt from this requirement.
1415	2.  All service provider personnel who have direct contact
1416	with children receiving services or with adults who are
1417	developmentally disabled receiving services are subject to level
1418	2 background screening as provided under chapter 435.
1419	(e)  Personnel employed directly or under contract with by
1420	the Department of Corrections in an inmate substance abuse
1421	program a substance abuse service component who have direct
1422	contact with unmarried inmates under the age of 18 or with
1423	inmates who are developmentally disabled are exempt from the
1424	fingerprinting and background check requirements of this
1425	section.
1426	Section 23.  Paragraphs (a) and (b) of subsection (1) of
1427	section 397.471, Florida Statutes, are amended to read:
1428	397.471  Service provider facility standards.--
1429	(1)  Each service provider must ensure:
1430	(a)  Sufficient numbers and types of qualified personnel on
1431	duty and available to provide necessary and adequate client
1432	safety and care.
1433	(b)  Adequate space for each individual served within
1434	client of a residential facility.
1435	Section 24.  Section 397.501, Florida Statutes, is amended
1436	to read:
1437	397.501  Rights of individuals clients.--Individuals
1438	Clients receiving substance abuse services from any service
1439	provider are guaranteed protection of the rights specified in
1440	this section, unless otherwise expressly provided, and service
1441	providers must ensure the protection of such rights.
1442	(1)  RIGHT TO INDIVIDUAL DIGNITY.--The individual dignity
1443	of the individual served client must be respected at all times
1444	and upon all occasions, including any occasion when the
1445	individual client is admitted, retained, or transported.
1446	Individuals served Substance abuse clients who are not accused
1447	of a crime or delinquent act may not be detained or incarcerated
1448	in jails, detention centers, or training schools of the state,
1449	except for purposes of protective custody in strict accordance
1450	with this chapter. An individual A client may not be deprived of
1451	any constitutional right.
1452	(2)  RIGHT TO NONDISCRIMINATORY SERVICES.--
1453	(a)  Service providers may not deny an individual a client
1454	access to substance abuse services solely on the basis of race,
1455	gender, ethnicity, age, sexual preference, human
1456	immunodeficiency virus status, prior service departures against
1457	medical advice, disability, or number of relapse episodes.
1458	Service providers may not deny an individual a client who takes
1459	medication prescribed by a physician access to substance abuse
1460	services solely on that basis. Service providers who receive
1461	state funds to provide substance abuse services may not, if
1462	provided space and sufficient state resources are available,
1463	deny a client access to services based solely on inability to
1464	pay.
1465	(b)  Each individual client in treatment must be afforded
1466	the opportunity to participate in the formulation and periodic
1467	review of his or her individualized treatment or service plan to
1468	the extent of his or her ability to so participate.
1469	(c)  It is the policy of the state to use the least
1470	restrictive and most appropriate services available, based on
1471	the needs and the best interests of the individual client and
1472	consistent with optimum care of the individual client.
1473	(d)  Each individual client must be afforded the
1474	opportunity to participate in activities designed to enhance
1475	self-image.
1476	(3)  RIGHT TO QUALITY SERVICES.--
1477	(a)  Each individual client must be delivered services
1478	suited to his or her needs, administered skillfully, safely,
1479	humanely, with full respect for his or her dignity and personal
1480	integrity, and in accordance with all statutory and regulatory
1481	requirements.
1482	(b)  These services must include the use of methods and
1483	techniques to control aggressive client behavior that poses an
1484	immediate threat to the individual client or to other persons.
1485	Such methods and techniques include the use of restraints, the
1486	use of seclusion, the use of time-out, and other behavior
1487	management techniques. When authorized, these methods and
1488	techniques may be applied only by persons who are employed by
1489	service providers and trained in the application and use of
1490	these methods and techniques. The department must specify by
1491	rule the methods that may be used and the techniques that may be
1492	applied by service providers to control aggressive client
1493	behavior and must specify by rule the physical facility
1494	requirements for seclusion rooms, including dimensions, safety
1495	features, methods of observation, and contents.
1496	(4)  RIGHT TO COMMUNICATION.--
1497	(a)  Each individual client has the right to communicate
1498	freely and privately with other persons within the limitations
1499	imposed by service provider policy.
1500	(b)  Because the delivery of services can only be effective
1501	in a substance abuse free environment, close supervision of each
1502	individual's client's communications and correspondence is
1503	necessary, particularly in the initial stages of treatment, and
1504	the service provider must therefore set reasonable rules for
1505	telephone, mail, and visitation rights, giving primary
1506	consideration to the well-being and safety of individuals
1507	clients, staff, and the community. It is the duty of the service
1508	provider to inform the individual client and his or her family
1509	if the family is involved at the time of admission about the
1510	provider's rules relating to communications and correspondence.
1511	(5)  RIGHT TO CARE AND CUSTODY OF PERSONAL EFFECTS OF
1512	CLIENTS.--An individual A client has the right to possess
1513	clothing and other personal effects. The service provider may
1514	take temporary custody of the individual's client's personal
1515	effects only when required for medical or safety reasons, with
1516	the reason for taking custody and a list of the personal effects
1517	recorded in the individual's client's clinical record.
1518	(6)  RIGHT TO EDUCATION OF MINORS.--Each minor client in a
1519	residential service component is guaranteed education and
1520	training appropriate to his or her needs. The service provider
1521	shall coordinate with local education agencies to ensure that
1522	education and training is provided to each minor client in
1523	accordance with other applicable laws and regulations and that
1524	parental responsibilities related to such education and training
1525	are established within the provisions of such applicable laws
1526	and regulations. Nothing in This chapter does not may be
1527	construed to relieve any local education authority of its
1528	obligation under law to provide a free and appropriate education
1529	to every child.
1530	(7)  RIGHT TO CONFIDENTIALITY OF INDIVIDUAL CLIENT
1531	RECORDS.--
1532	(a)  The records of service providers which pertain to the
1533	identity, diagnosis, and prognosis of and service provision to
1534	any individual client are confidential in accordance with this
1535	chapter and with applicable federal confidentiality regulations
1536	and are exempt from the provisions of s. 119.07(1) and s. 24(a),
1537	Art. I of the State Constitution. Such records may not be
1538	disclosed without the written consent of the individual client
1539	to whom they pertain except that appropriate disclosure may be
1540	made without such consent:
1541	1.  To medical personnel in a medical emergency.
1542	2.  To service provider personnel if such personnel need to
1543	know the information in order to carry out duties relating to
1544	the provision of services to an individual a client.
1545	3.  To the secretary of the department or the secretary's
1546	designee, for purposes of scientific research, in accordance
1547	with federal confidentiality regulations, but only upon
1548	agreement in writing that the individual's client's name and
1549	other identifying information will not be disclosed.
1550	4.  In the course of review of service-provider records on
1551	service provider premises by persons who are performing an audit
1552	or evaluation on behalf of any federal, state, or local
1553	government agency, or third-party payor providing financial
1554	assistance or reimbursement to the service provider; however,
1555	reports produced as a result of such audit or evaluation may not
1556	disclose client names or other identifying information and must
1557	be in accordance accord with federal confidentiality
1558	regulations.
1559	5.  Upon court order based on application showing good
1560	cause for disclosure. In determining whether there is good cause
1561	for disclosure, the court shall examine whether the public
1562	interest and the need for disclosure outweigh the potential
1563	injury to the individual client, to the service provider and the
1564	individual provider-client relationship, and to the service
1565	provider itself.
1566	(b)  The restrictions on disclosure and use in this section
1567	do not apply to communications from provider personnel to law
1568	enforcement officers which:
1569	1.  Are directly related to an individual's a client's
1570	commission of a crime on the premises of the provider or against
1571	provider personnel or to a threat to commit such a crime; and
1572	2.  Are limited to the circumstances of the incident,
1573	including the client status of the individual committing or
1574	threatening to commit the crime, that individual's name and
1575	address, and that individual's last known whereabouts.
1576	(c)  The restrictions on disclosure and use in this section
1577	do not apply to the reporting of incidents of suspected child
1578	abuse and neglect to the appropriate state or local authorities
1579	as required by law. However, such restrictions continue to apply
1580	to the original substance abuse client records maintained by the
1581	provider, including their disclosure and use for civil or
1582	criminal proceedings which may arise out of the report of
1583	suspected child abuse and neglect.
1584	(d)  Any answer to a request for a disclosure of individual
1585	client records which is not permissible under this section or
1586	under the appropriate federal regulations must be made in a way
1587	that will not affirmatively reveal that an identified individual
1588	has been, or is being diagnosed or treated for substance abuse.
1589	The regulations do not restrict a disclosure that an identified
1590	individual is not and has never received services has been a
1591	client.
1592	(e)1.  Since a minor acting alone has the legal capacity to
1593	voluntarily apply for and obtain substance abuse treatment, any
1594	written consent for disclosure may be given only by the minor
1595	client. This restriction includes, but is not limited to, any
1596	disclosure of client identifying information to the parent,
1597	legal guardian, or custodian of a minor client for the purpose
1598	of obtaining financial reimbursement.
1599	2.  When the consent of a parent, legal guardian, or
1600	custodian is required under this chapter in order for a minor to
1601	obtain substance abuse treatment, any written consent for
1602	disclosure must be given by both the minor and the parent, legal
1603	guardian, or custodian.
1604	(f)  An order of a court of competent jurisdiction
1605	authorizing disclosure and use of confidential information is a
1606	unique kind of court order. Its only purpose is to authorize a
1607	disclosure or use of client identifying information which would
1608	otherwise be prohibited by this section. Such an order does not
1609	compel disclosure. A subpoena or a similar legal mandate must be
1610	issued in order to compel disclosure. This mandate may be
1611	entered at the same time as, and accompany, an authorizing court
1612	order entered under this section.
1613	(g)  An order authorizing the disclosure of an individual's
1614	client records may be applied for by any person having a legally
1615	recognized interest in the disclosure which is sought. The
1616	application may be filed separately or as part of a pending
1617	civil action in which it appears that the individual's client
1618	records are needed to provide evidence. An application must use
1619	a fictitious name, such as John Doe or Jane Doe, to refer to any
1620	individual client and may not contain or otherwise disclose any
1621	client identifying information unless the individual client is
1622	the applicant or has given a written consent to disclosure or
1623	the court has ordered the record of the proceeding sealed from
1624	public scrutiny.
1625	(h)  The individual client and the person holding the
1626	records from whom disclosure is sought must be given adequate
1627	notice in a manner which will not disclose client identifying
1628	information to other persons, and an opportunity to file a
1629	written response to the application, or to appear in person, for
1630	the limited purpose of providing evidence on the statutory and
1631	regulatory criteria for the issuance of the court order.
1632	(i)  Any oral argument, review of evidence, or hearing on
1633	the application must be held in the judge's chambers or in some
1634	manner which ensures that client identifying information is not
1635	disclosed to anyone other than a party to the proceeding, the
1636	individual client, or the person holding the record, unless the
1637	individual client requests an open hearing. The proceeding may
1638	include an examination by the judge of the client records
1639	referred to in the application.
1640	(j)  A court may authorize the disclosure and use of client
1641	records for the purpose of conducting a criminal investigation
1642	or prosecution of an individual a client only if the court finds
1643	that all of the following criteria are met:
1644	1.  The crime involved is extremely serious, such as one
1645	which causes or directly threatens loss of life or serious
1646	bodily injury, including but not limited to homicide, sexual
1647	assault, sexual battery, kidnapping, armed robbery, assault with
1648	a deadly weapon, and child abuse and neglect.
1649	2.  There is reasonable likelihood that the records will
1650	disclose information of substantial value in the investigation
1651	or prosecution.
1652	3.  Other ways of obtaining the information are not
1653	available or would not be effective.
1654	4.  The potential injury to the individual client, to the
1655	physician-individual physician-client relationship and to the
1656	ability of the program to provide services to other individuals
1657	clients is outweighed by the public interest and the need for
1658	the disclosure.
1659	(8)  RIGHT TO COUNSEL.--Each individual client must be
1660	informed that he or she has the right to be represented by
1661	counsel in any involuntary proceeding for assessment,
1662	stabilization, or treatment and that he or she, or if the
1663	individual client is a minor his or her parent, legal guardian,
1664	or legal custodian, may apply immediately to the court to have
1665	an attorney appointed if he or she cannot afford one.
1666	(9)  RIGHT TO HABEAS CORPUS.--At any time, and without
1667	notice, an individual a client involuntarily retained by a
1668	provider, or the individual's client's parent, guardian,
1669	custodian, or attorney on behalf of the individual client, may
1670	petition for a writ of habeas corpus to question the cause and
1671	legality of such retention and request that the court issue a
1672	writ for the individual's client's release.
1673	(10)  LIABILITY AND IMMUNITY.--
1674	(a)  Service provider personnel who violate or abuse any
1675	right or privilege of an individual a client under this chapter
1676	are liable for damages as determined by law.
1677	(b)  All persons acting in good faith, reasonably, and
1678	without negligence in connection with the preparation or
1679	execution of petitions, applications, certificates, or other
1680	documents or the apprehension, detention, discharge,
1681	examination, transportation, or treatment of a person under the
1682	provisions of this chapter shall be free from all liability,
1683	civil or criminal, by reason of such acts.
1684	Section 25.  Section 397.581, Florida Statutes, is amended
1685	to read:
1686	397.581  Unlawful activities relating to client assessment
1687	and treatment; penalties.--
1688	(1)  Knowingly furnishing false information for the purpose
1689	of obtaining emergency or other involuntary admission for any
1690	person is a misdemeanor of the first degree, punishable as
1691	provided in s. 775.082 and by a fine not exceeding $5,000.
1692	(2)  Causing or otherwise securing, or conspiring with or
1693	assisting another to cause or secure, without reason for
1694	believing a person to be impaired, any emergency or other
1695	involuntary procedure for the person is a misdemeanor of the
1696	first degree, punishable as provided in s. 775.082 and by a fine
1697	not exceeding $5,000.
1698	(3)  Causing, or conspiring with or assisting another to
1699	cause, the denial to any person of any right accorded pursuant
1700	to this chapter is a misdemeanor of the first degree, punishable
1701	as provided in s. 775.082 and by a fine not exceeding $5,000.
1702	Section 26.  Paragraph (a) of subsection (4) of section
1703	397.601, Florida Statutes, is amended to read:
1704	397.601  Voluntary admissions.--
1705	(4)(a)  The disability of minority for persons under 18
1706	years of age is removed solely for the purpose of obtaining
1707	voluntary substance abuse impairment services from a licensed
1708	service provider, and consent to such services by a minor has
1709	the same force and effect as if executed by an individual a
1710	client who has reached the age of majority. Such consent is not
1711	subject to later disaffirmance based on minority.
1712	Section 27.  Subsections (1) and (3) of section 397.6751,
1713	Florida Statutes, are amended to read:
1714	397.6751  Service provider responsibilities regarding
1715	involuntary admissions.--
1716	(1)  It is the responsibility of the service provider to:
1717	(a)  Ensure that a person who is admitted to a licensed
1718	service component meets the admission criteria specified in s.
1719	397.675;
1720	(b)  Ascertain whether the medical and behavioral
1721	conditions of the person, as presented, are beyond the safe
1722	management capabilities of the service provider;
1723	(c)  Provide for the admission of the person to the service
1724	component that represents the least restrictive available
1725	setting that is responsive to the person's treatment needs;
1726	(d)  Verify that the admission of the person to the service
1727	component does not result in a census in excess of its licensed
1728	service capacity;
1729	(e)  Determine whether the cost of services is within the
1730	financial means of the person or those who are financially
1731	responsible for the person's care; and
1732	(f)  Take all necessary measures to ensure that each
1733	individual client in treatment is provided with a safe
1734	environment, and to ensure that each individual client whose
1735	medical condition or behavioral problem becomes such that he or
1736	she cannot be safely managed by the service component is
1737	discharged and referred to a more appropriate setting for care.
1738	(3)  When, in the judgment of the service provider, the
1739	medical conditions or behavioral problems of an involuntary
1740	individual client become such that they cannot be safely managed
1741	by the service component, the service provider must discharge
1742	the individual client and attempt to assist him or her in
1743	securing more appropriate services in a setting more responsive
1744	to his or her needs. Upon completing these efforts, the service
1745	provider must, within 72 hours, report in writing to the
1746	referral source, in compliance with federal confidentiality
1747	regulations:
1748	(a)  The basis for the individual's client's discharge;,
1749	and
1750	(b)  Documentation of the service provider's efforts to
1751	assist the person in gaining access to appropriate services.
1752	Section 28.  Section 397.6752, Florida Statutes, is amended
1753	to read:
1754	397.6752  Referral of involuntarily admitted individual
1755	client for voluntary treatment.--Upon giving his or her written
1756	informed consent, an involuntarily admitted individual client
1757	may be referred to a service provider for voluntary admission
1758	when the service provider determines that the individual client
1759	no longer meets involuntary criteria.
1760	Section 29.  Section 397.6758, Florida Statutes, is amended
1761	to read:
1762	397.6758  Release of individual client from protective
1763	custody, emergency admission, involuntary assessment,
1764	involuntary treatment, and alternative involuntary assessment of
1765	a minor.--An individual A client involuntarily admitted to a
1766	licensed service provider may be released without further order
1767	of the court only by a qualified professional in a hospital, a
1768	detoxification facility, an addictions receiving facility, or
1769	any less restrictive treatment component. Notice of the release
1770	must be provided to the applicant in the case of an emergency
1771	admission or an alternative involuntary assessment for a minor,
1772	or to the petitioner and the court if the involuntary assessment
1773	or treatment was court ordered. In the case of a minor client,
1774	the release must be:
1775	(1)  To the individual's client's parent, legal guardian,
1776	or legal custodian or the authorized designee thereof;
1777	(2)  To the Department of Children and Family Services
1778	pursuant to s. 39.401; or
1779	(3)  To the Department of Juvenile Justice pursuant to s.
1780	984.13.
1781	Section 30.  Section 397.6773, Florida Statutes, is amended
1782	to read:
1783	397.6773  Dispositional alternatives after protective
1784	custody.--
1785	(1)  An individual A client who is in protective custody
1786	must be released by a qualified professional when:
1787	(a)  The individual client no longer meets the involuntary
1788	admission criteria in s. 397.675(1);
1789	(b)  The 72-hour period has elapsed; or
1790	(c)  The individual client has consented to remain
1791	voluntarily at the licensed service provider.
1792	(2)  An individual A client may only be retained in
1793	protective custody beyond the 72-hour period when a petition for
1794	involuntary assessment or treatment has been initiated. The
1795	timely filing of the petition authorizes the service provider to
1796	retain physical custody of the individual client pending further
1797	order of the court.
1798	Section 31.  Section 397.6797, Florida Statutes, is amended
1799	to read:
1800	397.6797  Dispositional alternatives after emergency
1801	admission.--Within 72 hours after an emergency admission to a
1802	hospital or a licensed detoxification or addictions receiving
1803	facility, the individual client must be assessed by the
1804	attending physician to determine the need for further services.
1805	Within 5 days after an emergency admission to a nonresidential
1806	component of a licensed service provider, the individual client
1807	must be assessed by a qualified professional to determine the
1808	need for further services. Based upon that assessment, a
1809	qualified professional of the hospital, detoxification facility,
1810	or addictions receiving facility, or a qualified professional if
1811	a less restrictive component was used, must either:
1812	(1)  Release the individual client and, where appropriate,
1813	refer the individual client to other needed services; or
1814	(2)  Retain the individual client when:
1815	(a)  The individual client has consented to remain
1816	voluntarily at the licensed provider; or
1817	(b)  A petition for involuntary assessment or treatment has
1818	been initiated, the timely filing of which authorizes the
1819	service provider to retain physical custody of the individual
1820	client pending further order of the court.
1821	Section 32.  Section 397.6799, Florida Statutes, is amended
1822	to read:
1823	397.6799  Disposition of minor client upon completion of
1824	alternative involuntary assessment.--A minor who has been
1825	assessed pursuant to s. 397.6798 must, within the time
1826	specified, be released or referred for further voluntary or
1827	involuntary treatment, whichever is most appropriate to the
1828	needs of the minor.
1829	Section 33.  Section 397.6819, Florida Statutes, is amended
1830	to read:
1831	397.6819  Involuntary assessment and stabilization;
1832	responsibility of licensed service provider.--A licensed service
1833	provider may admit an individual a client for involuntary
1834	assessment and stabilization for a period not to exceed 5 days.
1835	The individual client must be assessed without unnecessary delay
1836	by a qualified professional. If an assessment is performed by a
1837	qualified professional who is not a physician, the assessment
1838	must be reviewed by a physician before prior to the end of the
1839	assessment period.
1840	Section 34.  Section 397.6821, Florida Statutes, is amended
1841	to read:
1842	397.6821  Extension of time for completion of involuntary
1843	assessment and stabilization.--If a licensed service provider is
1844	unable to complete the involuntary assessment and, if necessary,
1845	stabilization of an individual a client within 5 days after the
1846	court's order, it may, within the original time period, file a
1847	written request for an extension of time to complete its
1848	assessment, and shall, in accordance with confidentiality
1849	requirements, furnish a copy to all parties. With or without a
1850	hearing, the court may grant additional time, not to exceed 7
1851	days after the date of the renewal order, for the completion of
1852	the involuntary assessment and stabilization of the individual
1853	client. The original court order authorizing the involuntary
1854	assessment and stabilization, or a request for an extension of
1855	time to complete the assessment and stabilization that is timely
1856	filed pursuant to this section, constitutes legal authority to
1857	involuntarily hold the individual client for a period not to
1858	exceed 10 days in the absence of a court order to the contrary.
1859	Section 35.  Section 397.6822, Florida Statutes, is amended
1860	to read:
1861	397.6822  Disposition of individual client after
1862	involuntary assessment.--Based upon the involuntary assessment,
1863	a qualified professional of the hospital, detoxification
1864	facility, or addictions receiving facility, or a qualified
1865	professional when a less restrictive component has been used,
1866	must:
1867	(1)  Release the individual client and, where appropriate,
1868	refer the individual client to another treatment facility or
1869	service provider, or to community services;
1870	(2)  Allow the individual client, with consent if the
1871	client has consented, to remain voluntarily at the licensed
1872	provider; or
1873	(3)  Retain the individual client when a petition for
1874	involuntary treatment has been initiated, the timely filing of
1875	which authorizes the service provider to retain physical custody
1876	of the individual client pending further order of the court.
1877
1878	Adhering to federal confidentiality regulations, notice of
1879	disposition must be provided to the petitioner and to the court.
1880	Section 36.  Subsections (1) and (3) of section 397.697,
1881	Florida Statutes, are amended to read:
1882	397.697  Court determination; effect of court order for
1883	involuntary substance abuse treatment.--
1884	(1)  When the court finds that the conditions for
1885	involuntary substance abuse treatment have been proved by clear
1886	and convincing evidence, it may order the respondent to undergo
1887	involuntary treatment by a licensed service provider for a
1888	period not to exceed 60 days. If the court finds it necessary,
1889	it may direct the sheriff to take the respondent into custody
1890	and deliver him or her to the licensed service provider
1891	specified in the court order, or to the nearest appropriate
1892	licensed service provider, for involuntary treatment. When the
1893	conditions justifying involuntary treatment no longer exist, the
1894	individual client must be released as provided in s. 397.6971.
1895	When the conditions justifying involuntary treatment are
1896	expected to exist after 60 days of treatment, a renewal of the
1897	involuntary treatment order may be requested pursuant to s.
1898	397.6975 prior to the end of the 60-day period.
1899	(3)  An involuntary treatment order authorizes the licensed
1900	service provider to require the individual client to undergo
1901	such treatment as will benefit him or her, including treatment
1902	at any licensable service component of a licensed service
1903	provider.
1904	Section 37.  Section 397.6971, Florida Statutes, is amended
1905	to read:
1906	397.6971  Early release from involuntary substance abuse
1907	treatment.--
1908	(1)  At any time prior to the end of the 60-day involuntary
1909	treatment period, or prior to the end of any extension granted
1910	pursuant to s. 397.6975, an individual a client admitted for
1911	involuntary treatment may be determined eligible for discharge
1912	to the most appropriate referral or disposition for the
1913	individual client when:
1914	(a)  The individual client no longer meets the criteria for
1915	involuntary admission and has given his or her informed consent
1916	to be transferred to voluntary treatment status;
1917	(b)  If the individual client was admitted on the grounds
1918	of likelihood of infliction of physical harm upon himself or
1919	herself or others, such likelihood no longer exists; or
1920	(c)  If the individual client was admitted on the grounds
1921	of need for assessment and stabilization or treatment,
1922	accompanied by inability to make a determination respecting such
1923	need, either:
1924	1.  Such inability no longer exists; or
1925	2.  It is evident that further treatment will not bring
1926	about further significant improvements in the individual's
1927	client's condition;
1928	(d)  The individual client is no longer in need of
1929	services; or
1930	(e)  The director of the service provider determines that
1931	the individual client is beyond the safe management capabilities
1932	of the provider.
1933	(2)  Whenever a qualified professional determines that an
1934	individual a client admitted for involuntary treatment is ready
1935	for early release for any of the reasons listed in subsection
1936	(1), the service provider shall immediately discharge the
1937	individual client, and must notify all persons specified by the
1938	court in the original treatment order.
1939	Section 38.  Section 397.6975, Florida Statutes, is amended
1940	to read:
1941	397.6975  Extension of involuntary substance abuse
1942	treatment period.--
1943	(1)  Whenever a service provider believes that an
1944	individual a client who is nearing the scheduled date of release
1945	from involuntary treatment continues to meet the criteria for
1946	involuntary treatment in s. 397.693, a petition for renewal of
1947	the involuntary treatment order may be filed with the court at
1948	least 10 days before prior to the expiration of the court-
1949	ordered treatment period. The court shall immediately schedule a
1950	hearing to be held not more than 15 days after filing of the
1951	petition. The court shall provide the copy of the petition for
1952	renewal and the notice of the hearing to all parties to the
1953	proceeding. The hearing is conducted pursuant to s. 397.6957.
1954	(2)  If the court finds that the petition for renewal of
1955	the involuntary treatment order should be granted, it may order
1956	the respondent to undergo involuntary treatment for a period not
1957	to exceed an additional 90 days. When the conditions justifying
1958	involuntary treatment no longer exist, the individual client
1959	must be released as provided in s. 397.6971. When the conditions
1960	justifying involuntary treatment continue to exist after 90 days
1961	of additional treatment, a new petition requesting renewal of
1962	the involuntary treatment order may be filed pursuant to this
1963	section.
1964	Section 39.  Section 397.6977, Florida Statutes, is amended
1965	to read:
1966	397.6977  Disposition of individual client upon completion
1967	of involuntary substance abuse treatment.--At the conclusion of
1968	the 60-day period of court-ordered involuntary treatment, the
1969	individual client is automatically discharged unless a motion
1970	for renewal of the involuntary treatment order has been filed
1971	with the court pursuant to s. 397.6975.
1972	Section 40.  Paragraph (e) of subsection (2) of section
1973	397.702, Florida Statutes, is amended to read:
1974	397.702  Authorization of local ordinances for treatment of
1975	habitual abusers in licensed secure facilities.--
1976	(2)  Ordinances for the treatment of habitual abusers must
1977	provide:
1978	(e)  That, if the individual client still meets the
1979	criteria for involuntary admission in s. 397.675 at or near the
1980	expiration of the treatment period ordered by the court pursuant
1981	to paragraph (d), the agent of the county or municipality may
1982	file another habitual abuser petition pursuant to paragraph (b)
1983	for a period not exceeding 180 days for each such petition.
1984	Section 41.  Subsections (2) and (3) of section 397.706,
1985	Florida Statutes, are amended to read:
1986	397.706  Screening, assessment, and disposition of juvenile
1987	offenders.--
1988	(2)  The juvenile and circuit courts, in conjunction with
1989	department substate entity district administration, shall
1990	establish policies and procedures to ensure that juvenile
1991	offenders are appropriately screened for substance abuse
1992	problems and that diversionary and adjudicatory proceedings
1993	include appropriate conditions and sanctions to address
1994	substance abuse problems. Policies and procedures must address:
1995	(a)  The designation of local service providers responsible
1996	for screening and assessment services and dispositional
1997	recommendations to the department and the court.
1998	(b)  The means by which juvenile offenders are processed to
1999	ensure participation in screening and assessment services.
2000	(c)  The role of the court in securing assessments when
2001	juvenile offenders or their families are noncompliant.
2002	(d)  Safeguards to ensure that information derived through
2003	screening and assessment is used solely to assist in
2004	dispositional decisions and not for purposes of determining
2005	innocence or guilt.
2006	(3)  Because resources available to support screening and
2007	assessment services are limited, the judicial circuits and
2008	department substate entity district administration must develop
2009	those capabilities to the extent possible within available
2010	resources according to the following priorities:
2011	(a)  Juvenile substance abuse offenders.
2012	(b)  Juvenile offenders who are substance abuse impaired at
2013	the time of the offense.
2014	(c)  Second or subsequent juvenile offenders.
2015	(d)  Minors taken into custody.
2016	Section 42.  Subsection (2) of section 397.801, Florida
2017	Statutes, is amended to read:
2018	397.801  Substance abuse impairment coordination.--
2019	(2)  The department shall establish, within each of its
2020	substate entities service districts, the full-time position of
2021	substance abuse impairment prevention coordinator, to be filled
2022	by a person with expertise in the area of substance abuse
2023	impairment. The primary responsibility of this person is to
2024	develop and implement activities which foster the prevention of
2025	substance abuse impairment.
2026	Section 43.  Subsections (1) and (3) of section 397.821,
2027	Florida Statutes, are amended to read:
2028	397.821  Juvenile substance abuse impairment prevention and
2029	early intervention councils.--
2030	(1)  Each judicial circuit as set forth in s. 26.021 may
2031	establish a juvenile substance abuse impairment prevention and
2032	early intervention council composed of at least 12 members,
2033	including representatives from law enforcement, the department,
2034	school districts, state attorney and public defender offices,
2035	the circuit court, the religious community, substance abuse
2036	impairment professionals, child advocates from the community,
2037	business leaders, parents, and high school students. However,
2038	those circuits which already have in operation a council of
2039	similar composition may designate the existing body as the
2040	juvenile substance abuse impairment prevention and early
2041	intervention council for the purposes of this section. Each
2042	council shall establish bylaws providing for the length of term
2043	of its members, but the term may not exceed 4 years. The
2044	substate entity district administrator, as defined in s. 20.19,
2045	and the chief judge of the circuit court shall each appoint six
2046	members of the council. The substate entity district
2047	administrator shall appoint a representative from the
2048	department, a school district representative, a substance abuse
2049	impairment treatment professional, a child advocate, a parent,
2050	and a high school student. The chief judge of the circuit court
2051	shall appoint a business leader and representatives from the
2052	state attorney's office, the public defender's office, the
2053	religious community, the circuit court, and law enforcement
2054	agencies.
2055	(3)  The council shall provide recommendations to the
2056	Program Director for Substance Abuse annually for consideration
2057	for inclusion in the substance abuse district alcohol, drug
2058	abuse, and mental health substate-entity plans.
2059	Section 44.  Subsection (1), paragraph (c) of subsection
2060	(2), and subsection (3) of section 397.94, Florida Statutes, are
2061	amended to read:
2062	397.94  Children's substance abuse services; information
2063	and referral network.--
2064	(1)  Each substate entity service district of the
2065	department shall develop a plan for and implement a districtwide
2066	comprehensive children's substance abuse information and
2067	referral network to be operational by July 1, 2000.
2068	(2)  The substate entity district shall determine the most
2069	cost-effective method for delivering this service and may select
2070	a new provider or utilize an existing provider or providers with
2071	a record of success in providing information and referral
2072	services.
2073	(c)  Develop and implement procedures for documenting
2074	requests for services, including, but not limited to:
2075	1.  Number of calls by type of service requested, if any;
2076	2.  Ages of children for whom services are requested; and
2077	3.  Disposition on all referrals, including location of
2078	resource if referred for face-to-face screening.
2079	(3)  In planning the information and referral network, the
2080	substate entity district shall consider the establishment of a
2081	24-hour toll-free telephone number to call for information and a
2082	public service campaign to inform the public about the
2083	information and referral service.
2084	Section 45.  Section 397.95, Florida Statutes, is amended
2085	to read:
2086	397.95  Children's substance abuse services; services
2087	provided by licensed providers.--Each substate entity service
2088	district of the department shall ensure that all screening,
2089	intake, assessment, enrollment, service planning, and case
2090	management services provided under this part are provided by
2091	children's substance abuse services providers licensed under
2092	part II of this chapter and in accordance with standards set
2093	forth in department rules.
2094	Section 46.  Paragraph (a) of subsection (3) of section
2095	397.97, Florida Statutes, is amended to read:
2096	397.97  Children's substance abuse services; demonstration
2097	models.--
2098	(3)  PURCHASE OF SERVICES; OPERATION CRITERIA.--
2099	(a)  Each demonstration model shall be governed by a
2100	multiagency consortium of state and county agencies or other
2101	public agencies, or a community-based, not-for-profit substance
2102	abuse or behavioral health network designated by the department,
2103	hereafter referred to as the purchasing agent, which shall
2104	purchase individualized services for children who are at risk of
2105	substance abuse or have a substance abuse problem. Services
2106	shall be based on client need rather than on traditional
2107	services limited to narrowly defined cost centers or
2108	appropriations categories. Approval to operate as a Children's
2109	Network of Care Demonstration Model shall be given by the
2110	secretary of the department and shall be based on criteria
2111	developed by the department.
2112	Section 47.  Paragraph (g) of subsection (2) of section
2113	397.99, Florida Statutes, is amended to read:
2114	397.99  School substance abuse prevention partnership
2115	grants.--
2116	(2)  APPLICATION PROCEDURES; FUNDING REQUIREMENTS.--
2117	(g)  The department shall consider the following in
2118	awarding such grants:
2119	1.  The number of youths that will be targeted.
2120	2.  The validity of the program design to achieve project
2121	goals and objectives that are clearly related to performance-
2122	based program budgeting effectiveness measures.
2123	3.  The desirability of funding at least one approved
2124	project in each of the department's substate entities service
2125	districts.
2126	Section 48.  Paragraphs (d) and (g) of subsection (1) of
2127	section 440.102, Florida Statutes, are amended to read:
2128	440.102  Drug-free workplace program requirements.--The
2129	following provisions apply to a drug-free workplace program
2130	implemented pursuant to law or to rules adopted by the Agency
2131	for Health Care Administration:
2132	(1)  DEFINITIONS.--Except where the context otherwise
2133	requires, as used in this act:
2134	(d)  "Drug rehabilitation program" means a service
2135	provider, established pursuant to s. 397.311(29) s. 397.311(28),
2136	that provides confidential, timely, and expert identification,
2137	assessment, and resolution of employee drug abuse.
2138	(g)  "Employee assistance program" means an established
2139	program capable of providing expert assessment of employee
2140	personal concerns; confidential and timely identification
2141	services with regard to employee drug abuse; referrals of
2142	employees for appropriate diagnosis, treatment, and assistance;
2143	and followup services for employees who participate in the
2144	program or require monitoring after returning to work. If, in
2145	addition to the above activities, an employee assistance program
2146	provides diagnostic and treatment services, these services shall
2147	in all cases be provided by service providers pursuant to s.
2148	397.311(29) s. 397.311(28).
2149	Section 49.  Paragraph (a) of subsection (1) of section
2150	766.101, Florida Statutes, is amended to read:
2151	766.101  Medical review committee, immunity from
2152	liability.--
2153	(1)  As used in this section:
2154	(a)  The term "medical review committee" or "committee"
2155	means:
2156	1.a.  A committee of a hospital or ambulatory surgical
2157	center licensed under chapter 395 or a health maintenance
2158	organization certificated under part I of chapter 641,
2159	b.  A committee of a physician-hospital organization, a
2160	provider-sponsored organization, or an integrated delivery
2161	system,
2162	c.  A committee of a state or local professional society of
2163	health care providers,
2164	d.  A committee of a medical staff of a licensed hospital
2165	or nursing home, provided the medical staff operates pursuant to
2166	written bylaws that have been approved by the governing board of
2167	the hospital or nursing home,
2168	e.  A committee of the Department of Corrections or the
2169	Correctional Medical Authority as created under s. 945.602, or
2170	employees, agents, or consultants of either the department or
2171	the authority or both,
2172	f.  A committee of a professional service corporation
2173	formed under chapter 621 or a corporation organized under
2174	chapter 607 or chapter 617, which is formed and operated for the
2175	practice of medicine as defined in s. 458.305(3), and which has
2176	at least 25 health care providers who routinely provide health
2177	care services directly to patients,
2178	g.  A committee of the Department of Children and Family
2179	Services which includes employees, agents, or consultants to the
2180	department as deemed necessary to provide peer review,
2181	utilization review, and mortality review of treatment services
2182	provided pursuant to chapters 394, 397, and 916,
2183	h.g.  A committee of a mental health treatment facility
2184	licensed under chapter 394 or a community mental health center
2185	as defined in s. 394.907, provided the quality assurance program
2186	operates pursuant to the guidelines which have been approved by
2187	the governing board of the agency,
2188	i.h.  A committee of a substance abuse treatment and
2189	education prevention program licensed under chapter 397 provided
2190	the quality assurance program operates pursuant to the
2191	guidelines which have been approved by the governing board of
2192	the agency,
2193	j.i.  A peer review or utilization review committee
2194	organized under chapter 440,
2195	k.j.  A committee of the Department of Health, a county
2196	health department, healthy start coalition, or certified rural
2197	health network, when reviewing quality of care, or employees of
2198	these entities when reviewing mortality records, or
2199	l.k.  A continuous quality improvement committee of a
2200	pharmacy licensed pursuant to chapter 465,
2201
2202	which committee is formed to evaluate and improve the quality of
2203	health care rendered by providers of health service, or to
2204	determine that health services rendered were professionally
2205	indicated or were performed in compliance with the applicable
2206	standard of care, or that the cost of health care rendered was
2207	considered reasonable by the providers of professional health
2208	services in the area; or
2209	2.  A committee of an insurer, self-insurer, or joint
2210	underwriting association of medical malpractice insurance, or
2211	other persons conducting review under s. 766.106.
2212	Section 50.  Section 394.9081, Florida Statutes, is
2213	repealed.
2214	Section 51.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.