Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1418
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Children, Families, and Elder Affairs (Rouson)
       recommended the following:
    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, and for
   26  service provider personnel and volunteers, except as provided in
   27  paragraph (c), who have direct contact with individuals
   28  receiving treatment. Such screening shall also include
   29  background screening as provided in s. 408.809. Background
   30  checks shall apply as follows:
   31         1.All owners, directors, chief financial officers, and
   32  clinical supervisors of service providers are subject to level 2
   33  background screening as provided under chapter 435. Inmate
   34  substance abuse programs operated directly or under contract
   35  with the Department of Corrections are exempt from background
   36  screening requirements under this section this requirement.
   37         2.All service provider personnel who have direct contact
   38  with children receiving services or with adults who are
   39  developmentally disabled receiving services are subject to level
   40  2 background screening as provided under chapter 435.
   41         (f) Service provider personnel who request an exemption
   42  from disqualification must submit the request within 30 days
   43  after being notified of the disqualification. The department
   44  shall grant or deny the exemption from disqualification within
   45  60 days after receipt of a complete application.
   46         (g) If 5 years or more have elapsed since the applicant for
   47  the exemption completed or was lawfully released from
   48  confinement, supervision, or nonmonetary condition imposed by
   49  the court for the most recent disqualifying offense, such
   50  applicant service provider personnel may work with adults with
   51  substance use disorders under the supervision of persons who
   52  meet all personnel requirements of this chapter for up to 90
   53  days after being notified of the disqualification or until the
   54  department a qualified professional licensed under chapter 490
   55  or chapter 491 or a master’s-level-certified addictions
   56  professional until the agency makes a final determination
   57  regarding the request for an exemption from disqualification,
   58  whichever is earlier.
   59         (h)(g) The department may not issue a regular license to
   60  any service provider that fails to provide proof that background
   61  screening information has been submitted in accordance with
   62  chapter 435.
   64         (a) The department may grant to any service provider
   65  personnel an exemption from disqualification as provided in s.
   66  435.07.
   67         (b) Since rehabilitated substance abuse impaired persons
   68  are effective in the successful treatment and rehabilitation of
   69  individuals with substance use disorders, for service providers
   70  which treat adolescents 13 years of age and older, service
   71  provider personnel whose background checks indicate crimes under
   72  s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 817.563, s.
   73  831.01, s. 831.02, s. 832.05(4), s. 893.13, or s. 893.147, and
   74  any related criminal attempt, solicitation, or conspiracy under
   75  s. 777.04, may be exempted from disqualification from employment
   76  pursuant to this paragraph.
   77         (c) The department may grant exemptions from
   78  disqualification for service provider personnel to work solely
   79  in substance abuse treatment programs or facilities or in
   80  programs or facilities that treat co-occurring substance use and
   81  mental health disorders. The department may further limit such
   82  grant exemptions from disqualification which would limit service
   83  provider personnel to working with adults in substance abuse
   84  treatment facilities.
   85         Section 3. Subsection (1), paragraph (m) of subsection (3),
   86  and subsection (6) of section 397.487, Florida Statutes, are
   87  amended to read:
   88         397.487 Voluntary certification of recovery residences.—
   89         (1) The Legislature finds that a person suffering from
   90  addiction has a higher success rate of achieving long-lasting
   91  sobriety when given the opportunity to build a stronger
   92  foundation by living in a recovery residence while receiving
   93  treatment or after completing treatment. The Legislature further
   94  finds that this state and its subdivisions have a legitimate
   95  state interest in protecting these persons, who represent a
   96  vulnerable consumer population in need of adequate housing. It
   97  is the intent of the Legislature to protect persons who reside
   98  in a recovery residence.
   99         (3) A credentialing entity shall require the recovery
  100  residence to submit the following documents with the completed
  101  application and fee:
  102         (m) Proof of satisfactory fire, safety, and health
  103  inspections. A recovery residence must comply with the
  104  provisions of the Florida Fire Prevention Code which apply to
  105  one-family and two-family dwellings, public lodging
  106  establishments, or rooming houses, or other housing facilities,
  107  as applicable.
  108         (6) All owners, directors, and chief financial officers of
  109  an applicant recovery residence are subject to level 2
  110  background screening as provided under chapter 435 and s.
  111  408.809. A recovery residence is ineligible for certification,
  112  and a credentialing entity shall deny a recovery residence’s
  113  application, if any owner, director, or chief financial officer
  114  has been found guilty of, or has entered a plea of guilty or
  115  nolo contendere to, regardless of adjudication, any offense
  116  listed in s. 408.809(4) or s. 435.04(2) unless the department
  117  has issued an exemption under s. 397.4073 or s. 397.4872. In
  118  accordance with s. 435.04, the department shall notify the
  119  credentialing agency of an owner’s, director’s, or chief
  120  financial officer’s eligibility based on the results of his or
  121  her background screening.
  122         Section 4. Section 397.4873, Florida Statutes, is amended
  123  to read:
  124         397.4873 Referrals to or from recovery residences;
  125  prohibitions; penalties.—
  126         (1) A service provider licensed under this part may not
  127  make a referral of a prospective, current, or discharged patient
  128  to, or accept a referral of such a patient from, a recovery
  129  residence unless the recovery residence holds a valid
  130  certificate of compliance as provided in s. 397.487 and is
  131  actively managed by a certified recovery residence administrator
  132  as provided in s. 397.4871.
  133         (2) Subsection (1) does not apply to:
  134         (a) A licensed service provider under contract with a
  135  managing entity as defined in s. 394.9082.
  136         (b) Referrals by a recovery residence to a licensed service
  137  provider when a resident has experienced a recurrence of
  138  substance use and, in the best judgment of the recovery
  139  residence administrator, it appears that the resident may
  140  benefit from clinical treatment services the recovery residence
  141  or its owners, directors, operators, or employees do not
  142  benefit, directly or indirectly, from the referral.
  143         (c) Referrals made before July 1, 2018, by a licensed
  144  service provider to that licensed service provider’s wholly
  145  owned subsidiary.
  146         (3)A recovery residence or its owners, directors,
  147  operators, employees, or volunteers may not benefit, directly or
  148  indirectly, from a referral made pursuant to subsection (1) or
  149  subsection (2).
  150         (4)(3) For purposes of this section, a licensed service
  151  provider or recovery residence shall be considered to have made
  152  a referral if the provider or recovery residence has informed a
  153  patient by any means about the name, address, or other details
  154  of a recovery residence or licensed service provider, or
  155  informed a licensed service provider or a recovery residence of
  156  any identifying details about a patient.
  157         (5)(4) A licensed service provider shall maintain records
  158  of referrals to or from recovery residences as may be prescribed
  159  by the department in rule.
  160         (6)(5) After June 30, 2019, a licensed service provider
  161  violating this section shall be subject to an administrative
  162  fine of $1,000 per occurrence. Repeat violations of this section
  163  may subject a provider to license suspension or revocation
  164  pursuant to s. 397.415.
  165         (7)(6) Nothing in this section requires a licensed service
  166  provider to refer a patient to or to accept a referral of a
  167  patient from a recovery residence.
  168         Section 5. Subsection (2) of section 435.07, Florida
  169  Statutes, is amended to read:
  170         435.07 Exemptions from disqualification.—Unless otherwise
  171  provided by law, the provisions of this section apply to
  172  exemptions from disqualification for disqualifying offenses
  173  revealed pursuant to background screenings required under this
  174  chapter, regardless of whether those disqualifying offenses are
  175  listed in this chapter or other laws.
  176         (2) Persons employed, or applicants for employment, by
  177  treatment providers who treat adolescents 13 years of age and
  178  older who are disqualified from employment solely because of
  179  crimes under s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s.
  180  817.563, s. 831.01, s. 831.02, s. 832.05(4), s. 893.13, or s.
  181  893.147, and any related criminal attempt, solicitation, or
  182  conspiracy under s. 777.04, may be exempted from
  183  disqualification from employment pursuant to this chapter
  184  without application of the waiting period in subparagraph
  185  (1)(a)1.
  186         Section 6. This act shall take effect July 1, 2018.
  187  ================= T I T L E  A M E N D M E N T ================
  188  And the title is amended as follows:
  189         Delete everything before the enacting clause
  190  and insert:
  191                        A bill to be entitled                      
  192         An act relating to substance abuse services; amending
  193         s. 394.4572, F.S.; authorizing the Department of
  194         Health or the Agency for Health Care Administration,
  195         as applicable, to grant exemptions from
  196         disqualification for service provider personnel to
  197         work solely in certain treatment programs and
  198         facilities; amending s. 397.4073, F.S.; revising
  199         provisions relating to background checks and
  200         exemptions from disqualification for certain service
  201         provider personnel and volunteers; requiring the
  202         Department of Children and Families to grant or deny
  203         an exemption from disqualification within a certain
  204         timeframe; authorizing certain applicants for an
  205         exemption to work under the supervision of certain
  206         persons for a specified period of time while his or
  207         her application is pending; authorizing certain
  208         persons to be exempted from disqualification from
  209         employment; authorizing the department to grant
  210         exemptions from disqualification for service provider
  211         personnel to work solely in certain treatment programs
  212         and facilities; amending s. 397.487, F.S.; revising
  213         legislative findings relating to voluntary
  214         certification of recovery residences; requiring
  215         recovery residences to comply with specified Florida
  216         Fire Prevention Code provisions; revising background
  217         screening requirements for owners, directors, and
  218         chief financial officers of recovery residences;
  219         amending s. 397.4873, F.S.; providing exceptions to
  220         limitations on referrals by recovery residences to
  221         licensed service providers; prohibiting recovery
  222         residences and specified affiliated individuals from
  223         benefitting from certain referrals; providing
  224         penalties; amending s. 435.07, F.S.; authorizing the
  225         exemption of certain persons from disqualification
  226         from employment; providing an effective date.