Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1418
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/06/2018           .                                

       The Committee on Criminal Justice (Rouson) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 394.4572, Florida
    6  Statutes, is amended to read:
    7         394.4572 Screening of mental health personnel.—
    8         (2)(a) The department or the Agency for Health Care
    9  Administration may grant exemptions from disqualification as
   10  provided in chapter 435.
   11         (b)The department or the Agency for Health Care
   12  Administration, as applicable, may grant exemptions from
   13  disqualification for service provider personnel to work solely
   14  in mental health treatment programs or facilities or in programs
   15  or facilities that treat co-occurring substance use and mental
   16  health disorders.
   17         Section 2. Paragraphs (a), (f), and (g) of subsection (1)
   18  and subsection (4) of section 397.4073, Florida Statutes, are
   19  amended to read:
   20         397.4073 Background checks of service provider personnel.—
   23         (a) The department shall require level 2 background
   24  screening pursuant to chapter 435 for all owners, directors,
   25  chief financial officers, and clinical supervisors who have
   26  direct contact with individuals receiving treatment. Such
   27  screening shall also include background screening as provided in
   28  s. 408.809. Background checks shall apply as follows:
   29         1.All owners, directors, chief financial officers, and
   30  clinical supervisors of service providers are subject to level 2
   31  background screening as provided under chapter 435. Inmate
   32  substance abuse programs operated directly or under contract
   33  with the Department of Corrections are exempt from background
   34  screening requirements under this section this requirement.
   35         2.All service provider personnel who have direct contact
   36  with children receiving services or with adults who are
   37  developmentally disabled receiving services are subject to level
   38  2 background screening as provided under chapter 435.
   39         (f) Service provider personnel who request an exemption
   40  from disqualification must submit the request within 30 days
   41  after being notified of the disqualification. The department
   42  shall grant or deny the exemption from disqualification within
   43  60 days after receipt of a complete application.
   44         (g) If 5 years or more have elapsed since the most recent
   45  disqualifying offense, the applicant for the exemption service
   46  provider personnel may work with adults with substance use
   47  disorders under the supervision of persons who meet all
   48  personnel requirements of this chapter for up to 90 days after
   49  being notified of the disqualification or until the department a
   50  qualified professional licensed under chapter 490 or chapter 491
   51  or a master’s-level-certified addictions professional until the
   52  agency makes a final determination regarding the request for an
   53  exemption from disqualification, whichever is earlier.
   54         (h)(g) The department may not issue a regular license to
   55  any service provider that fails to provide proof that background
   56  screening information has been submitted in accordance with
   57  chapter 435.
   59         (a) The department may grant to any service provider
   60  personnel an exemption from disqualification as provided in s.
   61  435.07.
   62         (b) Since rehabilitated substance abuse impaired persons
   63  are effective in the successful treatment and rehabilitation of
   64  individuals with substance use disorders, for service providers
   65  which treat adolescents 13 years of age and older, service
   66  provider personnel whose background checks indicate crimes under
   67  s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 817.563, s.
   68  831.01, s. 831.02, s. 832.05(4), s. 893.13, or s. 893.147, and
   69  any related criminal attempt, solicitation, or conspiracy under
   70  s. 777.04, may be exempted from disqualification from employment
   71  pursuant to this paragraph.
   72         (c) The department may grant exemptions from
   73  disqualification for service provider personnel to work solely
   74  in substance abuse treatment programs or facilities or in
   75  programs or facilities that treat co-occurring substance use and
   76  mental health disorders. The department may further limit such
   77  grant exemptions from disqualification which would limit service
   78  provider personnel to working with adults in substance abuse
   79  treatment facilities.
   80         Section 3. Subsection (1), paragraph (m) of subsection (3),
   81  and subsection (6) of section 397.487, Florida Statutes, are
   82  amended to read:
   83         397.487 Voluntary certification of recovery residences.—
   84         (1) The Legislature finds that a person suffering from
   85  addiction has a higher success rate of achieving long-lasting
   86  sobriety when given the opportunity to build a stronger
   87  foundation by living in a recovery residence while receiving
   88  treatment or after completing treatment. The Legislature further
   89  finds that this state and its subdivisions have a legitimate
   90  state interest in protecting these persons, who represent a
   91  vulnerable consumer population in need of adequate housing. It
   92  is the intent of the Legislature to protect persons who reside
   93  in a recovery residence.
   94         (3) A credentialing entity shall require the recovery
   95  residence to submit the following documents with the completed
   96  application and fee:
   97         (m) Proof of satisfactory fire, safety, and health
   98  inspections. A recovery residence must comply with the
   99  provisions of the Florida Fire Prevention Code which apply to
  100  one-family and two-family dwellings.
  101         (6) All owners, directors, and chief financial officers of
  102  an applicant recovery residence are subject to level 2
  103  background screening as provided under chapter 435 and s.
  104  408.809. A recovery residence is ineligible for certification,
  105  and a credentialing entity shall deny a recovery residence’s
  106  application, if any owner, director, or chief financial officer
  107  has been found guilty of, or has entered a plea of guilty or
  108  nolo contendere to, regardless of adjudication, any offense
  109  listed in s. 408.809(4) or s. 435.04(2) unless the department
  110  has issued an exemption under s. 397.4073 or s. 397.4872. In
  111  accordance with s. 435.04, the department shall notify the
  112  credentialing agency of an owner’s, director’s, or chief
  113  financial officer’s eligibility based on the results of his or
  114  her background screening.
  115         Section 4. Section 397.4873, Florida Statutes, is amended
  116  to read:
  117         397.4873 Referrals to or from recovery residences;
  118  prohibitions; penalties.—
  119         (1) A service provider licensed under this part may not
  120  make a referral of a prospective, current, or discharged patient
  121  to, or accept a referral of such a patient from, a recovery
  122  residence unless the recovery residence holds a valid
  123  certificate of compliance as provided in s. 397.487 and is
  124  actively managed by a certified recovery residence administrator
  125  as provided in s. 397.4871.
  126         (2) Subsection (1) does not apply to:
  127         (a) A licensed service provider under contract with a
  128  managing entity as defined in s. 394.9082.
  129         (b) Referrals by a recovery residence to a licensed service
  130  provider when a resident has experienced a recurrence of
  131  substance use and, in the best judgment of the recovery
  132  residence administrator, it appears that the resident may
  133  benefit from clinical treatment services the recovery residence
  134  or its owners, directors, operators, or employees do not
  135  benefit, directly or indirectly, from the referral.
  136         (c) Referrals made before July 1, 2019 July 1, 2018, by a
  137  licensed service provider to that licensed service provider’s
  138  wholly owned subsidiary.
  139         (3)A recovery residence or its owners, directors,
  140  operators, employees, or volunteers may not receive a direct
  141  pecuniary benefit in exchange for a referral made pursuant to
  142  subsection (1) or subsection (2).
  143         (4)(3) For purposes of this section, a licensed service
  144  provider or recovery residence shall be considered to have made
  145  a referral if the provider or recovery residence has informed a
  146  patient by any means about the name, address, or other details
  147  of a recovery residence or licensed service provider, or
  148  informed a licensed service provider or a recovery residence of
  149  any identifying details about a patient.
  150         (5)(4) A licensed service provider shall maintain records
  151  of referrals to or from recovery residences as may be prescribed
  152  by the department in rule.
  153         (6)(5) After June 30, 2019, a licensed service provider
  154  violating this section shall be subject to an administrative
  155  fine of $1,000 per occurrence. Repeat violations of this section
  156  may subject a provider to license suspension or revocation
  157  pursuant to s. 397.415.
  158         (7)(6) Nothing in this section requires a licensed service
  159  provider to refer a patient to or to accept a referral of a
  160  patient from a recovery residence.
  161         Section 5. Subsection (2) of section 435.07, Florida
  162  Statutes, is amended to read:
  163         435.07 Exemptions from disqualification.—Unless otherwise
  164  provided by law, the provisions of this section apply to
  165  exemptions from disqualification for disqualifying offenses
  166  revealed pursuant to background screenings required under this
  167  chapter, regardless of whether those disqualifying offenses are
  168  listed in this chapter or other laws.
  169         (2) Persons employed, or applicants for employment, by
  170  treatment providers who treat adolescents 13 years of age and
  171  older who are disqualified from employment solely because of
  172  crimes under s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s.
  173  817.563, s. 831.01, s. 831.02, s. 832.05(4), s. 893.13, or s.
  174  893.147, and any related criminal attempt, solicitation, or
  175  conspiracy under s. 777.04, may be exempted from
  176  disqualification from employment pursuant to this chapter
  177  without application of the waiting period in subparagraph
  178  (1)(a)1.
  179         Section 6. This act shall take effect July 1, 2018.
  181  ================= T I T L E  A M E N D M E N T ================
  182  And the title is amended as follows:
  183         Delete everything before the enacting clause
  184  and insert:
  185                        A bill to be entitled                      
  186         An act relating to substance abuse services; amending
  187         s. 394.4572, F.S.; authorizing the Department of
  188         Health or the Agency for Health Care Administration,
  189         as applicable, to grant exemptions from
  190         disqualification for service provider personnel to
  191         work solely in certain treatment programs and
  192         facilities; amending s. 397.4073, F.S.; revising
  193         provisions relating to background checks and
  194         exemptions from disqualification for certain service
  195         provider personnel; requiring the Department of
  196         Children and Families to grant or deny an exemption
  197         from disqualification within a certain timeframe;
  198         authorizing certain applicants for an exemption to
  199         work under the supervision of certain persons for a
  200         specified period of time while his or her application
  201         is pending; authorizing certain persons to be exempted
  202         from disqualification from employment; authorizing the
  203         department to grant exemptions from disqualification
  204         for service provider personnel to work solely in
  205         certain treatment programs and facilities; amending s.
  206         397.487, F.S.; revising legislative findings relating
  207         to voluntary certification of recovery residences;
  208         requiring recovery residences to comply with specified
  209         Florida Fire Prevention Code provisions; revising
  210         background screening requirements for owners,
  211         directors, and chief financial officers of recovery
  212         residences; amending s. 397.4873, F.S.; providing
  213         exceptions to limitations on referrals by recovery
  214         residences to licensed service providers; prohibiting
  215         recovery residences and specified affiliated
  216         individuals from benefitting from certain referrals;
  217         providing penalties; amending s. 435.07, F.S.;
  218         authorizing the exemption of certain persons from
  219         disqualification from employment; providing an
  220         effective date.