Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS/CS/CS/HB 1069, 1st Eng.
Ì445832+Î445832
LEGISLATIVE ACTION
Senate . House
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Senator Rouson moved the following:
1 Senate Amendment (with title amendment)
2
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.
17 (4) EXEMPTIONS FROM DISQUALIFICATION.—
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 Section 4. Section 397.417, Florida Statutes, is created to
40 read:
41 397.417 Behavioral health peer specialists.—
42 (1) An individual is eligible for certification as a peer
43 specialist if he or she has been in recovery from a substance
44 use disorder or mental illness for at least 2 years or if he or
45 she has experience as a family member or caregiver of a person
46 with a substance use disorder or mental illness.
47 (2) The department shall develop and implement a training
48 program for individuals seeking certification as peer
49 specialists. The department may designate one or more
50 credentialing entities that have met nationally recognized
51 standards for developing and administering professional
52 certification programs to certify peer specialists.
53 (3) An individual providing department-funded recovery
54 support services as a peer specialist shall be certified
55 pursuant to subsection (2). However, an individual who is not
56 certified may provide recovery support services as a peer
57 specialist for up to 1 year if he or she is working toward
58 certification and is supervised by a qualified professional or
59 by a certified peer specialist with supervisory training who has
60 at least 3 years of full-time experience as a peer specialist at
61 a licensed behavioral health organization.
62 (4) A peer specialist service may be reimbursed as a
63 recovery service through the department, a behavioral health
64 managing entity, or the Medicaid program. Medicaid managed care
65 plans are encouraged to use peer specialists in providing
66 recovery services.
67 Section 5. Subsection (1) and subsection (6) of section
68 397.487, Florida Statutes, are amended to read:
69 397.487 Voluntary certification of recovery residences.—
70 (1) The Legislature finds that a person suffering from
71 addiction has a higher success rate of achieving long-lasting
72 sobriety when given the opportunity to build a stronger
73 foundation by living in a recovery residence while receiving
74 treatment or after completing treatment. The Legislature further
75 finds that this state and its subdivisions have a legitimate
76 state interest in protecting these persons, who represent a
77 vulnerable consumer population in need of adequate housing. It
78 is the intent of the Legislature to protect persons who reside
79 in a recovery residence.
80 (6) All owners, directors, and chief financial officers of
81 an applicant recovery residence are subject to level 2
82 background screening as provided under chapter 435 and s.
83 408.809. A recovery residence is ineligible for certification,
84 and a credentialing entity shall deny a recovery residence’s
85 application, if any owner, director, or chief financial officer
86 has been found guilty of, or has entered a plea of guilty or
87 nolo contendere to, regardless of adjudication, any offense
88 listed in s. 408.809(4) or s. 435.04(2) unless the department
89 has issued an exemption under s. 397.4073 or s. 397.4872. In
90 accordance with s. 435.04, the department shall notify the
91 credentialing agency of an owner’s, director’s, or chief
92 financial officer’s eligibility based on the results of his or
93 her background screening.
94 Section 6. Section 397.4873, Florida Statutes, is amended
95 to read:
96 397.4873 Referrals to or from recovery residences;
97 prohibitions; penalties.—
98 (1) A service provider licensed under this part may not
99 make a referral of a prospective, current, or discharged patient
100 to, or accept a referral of such a patient from, a recovery
101 residence unless the recovery residence holds a valid
102 certificate of compliance as provided in s. 397.487 and is
103 actively managed by a certified recovery residence administrator
104 as provided in s. 397.4871.
105 (2) Subsection (1) does not apply to:
106 (a) A licensed service provider under contract with a
107 managing entity as defined in s. 394.9082.
108 (b) Referrals by a recovery residence to a licensed service
109 provider when a resident has experienced a recurrence of
110 substance use and, in the best judgment of the recovery
111 residence administrator, it appears that the resident may
112 benefit from clinical treatment services the recovery residence
113 or its owners, directors, operators, or employees do not
114 benefit, directly or indirectly, from the referral.
115 (c) Referrals made before January 1, 2019 July 1, 2018, by
116 a licensed service provider to that licensed service provider’s
117 wholly owned subsidiary, provided that applications and
118 associated fees are submitted by July 1, 2018.
119 (3) A recovery residence or its owners, directors,
120 operators, employees, or volunteers may not receive a pecuniary
121 benefit, directly or indirectly, from a licensed service
122 provider in exchange for a referral made pursuant to subsection
123 (1) or
124
125 ================= T I T L E A M E N D M E N T ================
126 And the title is amended as follows:
127 Delete lines 30 - 34
128 and insert:
129 specialists; providing that a peer specialist may be
130 reimbursed as a recovery service through the
131 department, a behavioral health managing entity, or
132 the Medicaid program; encouraging Medicaid managed
133 care plans to use peer specialists in providing
134 recovery services; amending s. 397.487, F.S.; revising
135 legislative findings relating to voluntary
136 certification of recovery residences; revising
137 background