Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1069, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AE/2R         .                                
             03/08/2018 05:09 PM       .                                

       Senator Rouson moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 116 - 238
    4  and insert:
    5  mental health or substance use disorders or co-occurring
    6  disorders under the supervision of persons who meet all
    7  personnel requirements of this chapter for up to 90 days after
    8  being notified of the disqualification or until the department a
    9  qualified professional licensed under chapter 490 or chapter 491
   10  or a master’s-level-certified addictions professional until the
   11  agency makes a final determination regarding the request for an
   12  exemption from disqualification, whichever is earlier.
   13         (h)(g) The department may not issue a regular license to
   14  any service provider that fails to provide proof that background
   15  screening information has been submitted in accordance with
   16  chapter 435.
   18         (a) The department may grant to any service provider
   19  personnel an exemption from disqualification as provided in s.
   20  435.07.
   21         (b) Since rehabilitated substance abuse impaired persons
   22  are effective in the successful treatment and rehabilitation of
   23  individuals with substance use disorders, for service providers
   24  which treat adolescents 13 years of age and older, service
   25  provider personnel whose background checks indicate crimes under
   26  s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 817.563, s.
   27  831.01, s. 831.02, s. 893.13, or s. 893.147, and any related
   28  criminal attempt, solicitation, or conspiracy under s. 777.04,
   29  may be exempted from disqualification from employment pursuant
   30  to this paragraph.
   31         (c) The department may grant exemptions from
   32  disqualification for service provider personnel to work solely
   33  in substance abuse treatment programs or facilities or in
   34  programs or facilities that treat co-occurring substance use and
   35  mental health disorders. The department may further limit such
   36  grant exemptions from disqualification which would limit service
   37  provider personnel to working with adults in substance abuse
   38  treatment facilities.
   39         (d) When evaluating a peer specialist’s application for
   40  exemption from disqualification, the department shall consider:
   41         1. The need for peer specialists to provide support
   42  services and the shortage of professionals and paraprofessionals
   43  to provide behavioral health services.
   44         2. That peer specialists may have criminal histories
   45  resulting from substance use disorders or mental illnesses that
   46  prevent them from meeting background screening requirements.
   47         3. That peer specialists provide effective mental health
   48  and substance abuse treatment support services because they
   49  share common life experiences with the persons they assist and
   50  promote a sense of community among those in recovery.
   51         4. That research has shown that peer support facilitates
   52  recovery and reduces health care costs.
   53         Section 4. Section 397.417, Florida Statutes, is created to
   54  read:
   55         397.417Behavioral health peer specialists.—
   56         (1)An individual is eligible for certification as a peer
   57  specialist if he or she has been in recovery from a substance
   58  use disorder or mental illness for at least 2 years or if he or
   59  she has experience as a family member or caregiver of a person
   60  with a substance use disorder or mental illness.
   61         (2)The department shall develop and implement a training
   62  program for individuals seeking certification as peer
   63  specialists. The department may designate one or more
   64  credentialing entities that have met nationally recognized
   65  standards for developing and administering professional
   66  certification programs to certify peer specialists.
   67         (3)An individual providing department-funded recovery
   68  support services as a peer specialist shall be certified
   69  pursuant to subsection (2). However, an individual who is not
   70  certified may provide recovery support services as a peer
   71  specialist for up to 1 year if he or she is working toward
   72  certification and is supervised by a qualified professional or
   73  by a certified peer specialist with supervisory training who has
   74  at least 3 years of full-time experience as a peer specialist at
   75  a licensed behavioral health organization.
   76         Section 5. Subsection (1) and subsection (6) of section
   77  397.487, Florida Statutes, are amended to read:
   78         397.487 Voluntary certification of recovery residences.—
   79         (1) The Legislature finds that a person suffering from
   80  addiction has a higher success rate of achieving long-lasting
   81  sobriety when given the opportunity to build a stronger
   82  foundation by living in a recovery residence while receiving
   83  treatment or after completing treatment. The Legislature further
   84  finds that this state and its subdivisions have a legitimate
   85  state interest in protecting these persons, who represent a
   86  vulnerable consumer population in need of adequate housing. It
   87  is the intent of the Legislature to protect persons who reside
   88  in a recovery residence.
   89         (6) All owners, directors, and chief financial officers of
   90  an applicant recovery residence are subject to level 2
   91  background screening as provided under chapter 435 and s.
   92  408.809. A recovery residence is ineligible for certification,
   93  and a credentialing entity shall deny a recovery residence’s
   94  application, if any owner, director, or chief financial officer
   95  has been found guilty of, or has entered a plea of guilty or
   96  nolo contendere to, regardless of adjudication, any offense
   97  listed in s. 408.809(4) or s. 435.04(2) unless the department
   98  has issued an exemption under s. 397.4073 or s. 397.4872. In
   99  accordance with s. 435.04, the department shall notify the
  100  credentialing agency of an owner’s, director’s, or chief
  101  financial officer’s eligibility based on the results of his or
  102  her background screening.
  103         Section 6. Section 397.4873, Florida Statutes, is amended
  104  to read:
  105         397.4873 Referrals to or from recovery residences;
  106  prohibitions; penalties.—
  107         (1) A service provider licensed under this part may not
  108  make a referral of a prospective, current, or discharged patient
  109  to, or accept a referral of such a patient from, a recovery
  110  residence unless the recovery residence holds a valid
  111  certificate of compliance as provided in s. 397.487 and is
  112  actively managed by a certified recovery residence administrator
  113  as provided in s. 397.4871.
  114         (2) Subsection (1) does not apply to:
  115         (a) A licensed service provider under contract with a
  116  managing entity as defined in s. 394.9082.
  117         (b) Referrals by a recovery residence to a licensed service
  118  provider when a resident has experienced a recurrence of
  119  substance use and, in the best judgment of the recovery
  120  residence administrator, it appears that the resident may
  121  benefit from clinical treatment services the recovery residence
  122  or its owners, directors, operators, or employees do not
  123  benefit, directly or indirectly, from the referral.
  124         (c) Referrals made before January 1, 2019 July 1, 2018, by
  125  a licensed service provider to that licensed service provider’s
  126  wholly owned subsidiary, provided that applications and
  127  associated fees are submitted by July 1, 2018.
  128         (3)A recovery residence or its owners, directors,
  129  operators, employees, or volunteers may not receive a pecuniary
  130  benefit, directly or indirectly, from a licensed service
  131  provider in exchange for a referral made pursuant to subsection
  132  (1) or
  134  ================= T I T L E  A M E N D M E N T ================
  135  And the title is amended as follows:
  136         Delete lines 21 - 34
  137  and insert:
  138         certain treatment programs and facilities; requiring
  139         the department to consider certain factors when
  140         evaluating an application for an exemption; creating
  141         s. 397.417, F.S.; providing qualifications for
  142         certification as a peer specialist; requiring the
  143         department to develop and implement a training program
  144         for individuals seeking certification as peer
  145         specialists; authorizing the department to designate
  146         certain credentialing entities to certify peer
  147         specialists; providing requirements for individuals
  148         providing certain recovery support services as peer
  149         specialists; amending s. 397.487, F.S.; revising
  150         legislative findings relating to voluntary
  151         certification of recovery residences; revising
  152         background