Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for HB 977
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/RE/2R         .                                
             03/09/2016 06:42 PM       .                                

       Senator Grimsley moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 394.453, Florida Statutes, is amended to
    6  read:
    7         394.453 Legislative intent.—It is the intent of the
    8  Legislature to authorize and direct the Department of Children
    9  and Families to evaluate, research, plan, and recommend to the
   10  Governor and the Legislature programs designed to reduce the
   11  occurrence, severity, duration, and disabling aspects of mental,
   12  emotional, and behavioral disorders. It is the intent of the
   13  Legislature that treatment programs for such disorders shall
   14  include, but not be limited to, comprehensive health, social,
   15  educational, and rehabilitative services to persons requiring
   16  intensive short-term and continued treatment in order to
   17  encourage them to assume responsibility for their treatment and
   18  recovery. It is intended that such persons be provided with
   19  emergency service and temporary detention for evaluation when
   20  required; that they be admitted to treatment facilities on a
   21  voluntary basis when extended or continuing care is needed and
   22  unavailable in the community; that involuntary placement be
   23  provided only when expert evaluation determines that it is
   24  necessary; that any involuntary treatment or examination be
   25  accomplished in a setting which is clinically appropriate and
   26  most likely to facilitate the person’s return to the community
   27  as soon as possible; and that individual dignity and human
   28  rights be guaranteed to all persons who are admitted to mental
   29  health facilities or who are being held under s. 394.463. It is
   30  the further intent of the Legislature that the least restrictive
   31  means of intervention be employed based on the individual needs
   32  of each person, within the scope of available services. It is
   33  the policy of this state that the use of restraint and seclusion
   34  on clients is justified only as an emergency safety measure to
   35  be used in response to imminent danger to the client or others.
   36  It is, therefore, the intent of the Legislature to achieve an
   37  ongoing reduction in the use of restraint and seclusion in
   38  programs and facilities serving persons with mental illness. The
   39  Legislature further finds the need for additional psychiatrists
   40  to be of critical state concern and recommends the establishment
   41  of an additional psychiatry program to be offered by one of
   42  Florida’s schools of medicine currently not offering psychiatry.
   43  The program shall seek to integrate primary care and psychiatry
   44  and other evolving models of care for persons with mental health
   45  and substance use disorders. Additionally, the Legislature finds
   46  that the use of telemedicine for patient evaluation, case
   47  management, and ongoing care will improve management of patient
   48  care and reduce costs of transportation.
   49         Section 2. Subsection (2) of section 394.467, Florida
   50  Statutes, is amended to read:
   51         394.467 Involuntary inpatient placement.—
   52         (2) ADMISSION TO A TREATMENT FACILITY.—A patient may be
   53  retained by a receiving facility or involuntarily placed in a
   54  treatment facility upon the recommendation of the administrator
   55  of the receiving facility where the patient has been examined
   56  and after adherence to the notice and hearing procedures
   57  provided in s. 394.4599. The recommendation must be supported by
   58  the opinion of a psychiatrist and the second opinion of a
   59  clinical psychologist or another psychiatrist, both of whom have
   60  personally examined the patient within the preceding 72 hours,
   61  that the criteria for involuntary inpatient placement are met.
   62  However, in a county that has a population of fewer than 50,000,
   63  if the administrator certifies that a psychiatrist or clinical
   64  psychologist is not available to provide the second opinion, the
   65  second opinion may be provided by a licensed physician who has
   66  postgraduate training and experience in diagnosis and treatment
   67  of mental and nervous disorders or by a psychiatric nurse. Any
   68  second opinion authorized in this subsection may be conducted
   69  through a face-to-face examination, in person or by electronic
   70  means. Such recommendation shall be entered on an involuntary
   71  inpatient placement certificate that authorizes the receiving
   72  facility to retain the patient pending transfer to a treatment
   73  facility or completion of a hearing.
   74         Section 3. Paragraphs (e) and (f) of subsection (1) and
   75  paragraph (b) of subsection (4) of section 397.451, Florida
   76  Statutes, are amended to read:
   77         397.451 Background checks of service provider personnel.—
   80         (e) Personnel employed directly or under contract with the
   81  Department of Corrections in an inmate substance abuse program
   82  who have direct contact with unmarried inmates under the age of
   83  18 or with inmates who are developmentally disabled are exempt
   84  from the fingerprinting and background check requirements of
   85  this section unless they have direct contact with unmarried
   86  inmates under the age of 18 or with inmates who are
   87  developmentally disabled.
   88         (f) Service provider personnel who request an exemption
   89  from disqualification must submit the request within 30 days
   90  after being notified of the disqualification. If 5 years or more
   91  have elapsed since the most recent disqualifying offense,
   92  service provider personnel may work with adults with substance
   93  use disorders under the supervision of a qualified professional
   94  licensed under chapter 490 or chapter 491 or a master’s level
   95  certified addiction professional until the agency makes a final
   96  determination regarding the request for an exemption from
   97  disqualification Upon notification of the disqualification, the
   98  service provider shall comply with requirements regarding
   99  exclusion from employment in s. 435.06.
  101         (b) Since rehabilitated substance abuse impaired persons
  102  are effective in the successful treatment and rehabilitation of
  103  individuals with substance use disorders substance abuse
  104  impaired adolescents, for service providers which treat
  105  adolescents 13 years of age and older, service provider
  106  personnel whose background checks indicate crimes under s.
  107  817.563, s. 893.13, or s. 893.147 may be exempted from
  108  disqualification from employment pursuant to this paragraph.
  109         Section 4. This act shall take effect upon becoming a law.
  111  ================= T I T L E  A M E N D M E N T ================
  112  And the title is amended as follows:
  113         Delete everything before the enacting clause
  114  and insert:
  115                        A bill to be entitled                      
  116         An act relating to behavioral health workforce;
  117         amending s. 394.453, F.S.; revising legislative
  118         intent; amending s. 394.467, F.S.; revising procedures
  119         for recommending admission of a patient to a treatment
  120         facility; amending s. 397.451, F.S.; revising
  121         provisions relating to personnel background checks and
  122         exemptions from disqualification for certain service
  123         provider personnel; providing an effective date.