Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1069, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       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         Section 4. Section 397.417, Florida Statutes, is created to
   40  read:
   41         397.417Behavioral 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
  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