Florida Senate - 2018                             CS for SB 1418
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Rouson
       586-02343-18                                          20181418c1
    1                        A bill to be entitled                      
    2         An act relating to substance abuse services; amending
    3         s. 394.4572, F.S.; authorizing the Department of
    4         Health or the Agency for Health Care Administration,
    5         as applicable, to grant exemptions from
    6         disqualification for service provider personnel to
    7         work solely in certain treatment programs and
    8         facilities; amending s. 397.4073, F.S.; revising
    9         provisions relating to background checks and
   10         exemptions from disqualification for certain service
   11         provider personnel and volunteers; requiring the
   12         Department of Children and Families to grant or deny
   13         an exemption from disqualification within a certain
   14         timeframe; authorizing certain applicants for an
   15         exemption to work under the supervision of certain
   16         persons for a specified period of time while his or
   17         her application is pending; authorizing certain
   18         persons to be exempted from disqualification from
   19         employment; authorizing the department to grant
   20         exemptions from disqualification for service provider
   21         personnel to work solely in certain treatment programs
   22         and facilities; amending s. 397.487, F.S.; revising
   23         legislative findings relating to voluntary
   24         certification of recovery residences; requiring
   25         recovery residences to comply with specified Florida
   26         Fire Prevention Code provisions; revising background
   27         screening requirements for owners, directors, and
   28         chief financial officers of recovery residences;
   29         amending s. 397.4873, F.S.; providing exceptions to
   30         limitations on referrals by recovery residences to
   31         licensed service providers; prohibiting recovery
   32         residences and specified affiliated individuals from
   33         benefitting from certain referrals; providing
   34         penalties; amending s. 435.07, F.S.; authorizing the
   35         exemption of certain persons from disqualification
   36         from employment; providing an effective date.
   38  Be It Enacted by the Legislature of the State of Florida:
   40         Section 1. Subsection (2) of section 394.4572, Florida
   41  Statutes, is amended to read:
   42         394.4572 Screening of mental health personnel.—
   43         (2)(a) The department or the Agency for Health Care
   44  Administration may grant exemptions from disqualification as
   45  provided in chapter 435.
   46         (b)The department or the Agency for Health Care
   47  Administration, as applicable, may grant exemptions from
   48  disqualification for service provider personnel to work solely
   49  in mental health treatment programs or facilities or in programs
   50  or facilities that treat co-occurring substance use and mental
   51  health disorders.
   52         Section 2. Paragraphs (a), (f), and (g) of subsection (1)
   53  and subsection (4) of section 397.4073, Florida Statutes, are
   54  amended to read:
   55         397.4073 Background checks of service provider personnel.—
   58         (a) The department shall require level 2 background
   59  screening pursuant to chapter 435 for all owners, directors,
   60  chief financial officers, and clinical supervisors, and for
   61  service provider personnel and volunteers, except as provided in
   62  paragraph (c), who have direct contact with individuals
   63  receiving treatment. Such screening shall also include
   64  background screening as provided in s. 408.809. Background
   65  checks shall apply as follows:
   66         1.All owners, directors, chief financial officers, and
   67  clinical supervisors of service providers are subject to level 2
   68  background screening as provided under chapter 435. Inmate
   69  substance abuse programs operated directly or under contract
   70  with the Department of Corrections are exempt from background
   71  screening requirements under this section this requirement.
   72         2.All service provider personnel who have direct contact
   73  with children receiving services or with adults who are
   74  developmentally disabled receiving services are subject to level
   75  2 background screening as provided under chapter 435.
   76         (f) Service provider personnel who request an exemption
   77  from disqualification must submit the request within 30 days
   78  after being notified of the disqualification. The department
   79  shall grant or deny the exemption from disqualification within
   80  60 days after receipt of a complete application.
   81         (g) If 5 years or more have elapsed since the applicant for
   82  the exemption completed or was lawfully released from
   83  confinement, supervision, or nonmonetary condition imposed by
   84  the court for the most recent disqualifying offense, such
   85  applicant service provider personnel may work with adults with
   86  substance use disorders under the supervision of persons who
   87  meet all personnel requirements of this chapter for up to 90
   88  days after being notified of the disqualification or until the
   89  department a qualified professional licensed under chapter 490
   90  or chapter 491 or a master’s-level-certified addictions
   91  professional until the agency makes a final determination
   92  regarding the request for an exemption from disqualification,
   93  whichever is earlier.
   94         (h)(g) The department may not issue a regular license to
   95  any service provider that fails to provide proof that background
   96  screening information has been submitted in accordance with
   97  chapter 435.
   99         (a) The department may grant to any service provider
  100  personnel an exemption from disqualification as provided in s.
  101  435.07.
  102         (b) Since rehabilitated substance abuse impaired persons
  103  are effective in the successful treatment and rehabilitation of
  104  individuals with substance use disorders, for service providers
  105  which treat adolescents 13 years of age and older, service
  106  provider personnel whose background checks indicate crimes under
  107  s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 817.563, s.
  108  831.01, s. 831.02, s. 832.05(4), s. 893.13, or s. 893.147, and
  109  any related criminal attempt, solicitation, or conspiracy under
  110  s. 777.04, may be exempted from disqualification from employment
  111  pursuant to this paragraph.
  112         (c) The department may grant exemptions from
  113  disqualification for service provider personnel to work solely
  114  in substance abuse treatment programs or facilities or in
  115  programs or facilities that treat co-occurring substance use and
  116  mental health disorders. The department may further limit such
  117  grant exemptions from disqualification which would limit service
  118  provider personnel to working with adults in substance abuse
  119  treatment facilities.
  120         Section 3. Subsection (1), paragraph (m) of subsection (3),
  121  and subsection (6) of section 397.487, Florida Statutes, are
  122  amended to read:
  123         397.487 Voluntary certification of recovery residences.—
  124         (1) The Legislature finds that a person suffering from
  125  addiction has a higher success rate of achieving long-lasting
  126  sobriety when given the opportunity to build a stronger
  127  foundation by living in a recovery residence while receiving
  128  treatment or after completing treatment. The Legislature further
  129  finds that this state and its subdivisions have a legitimate
  130  state interest in protecting these persons, who represent a
  131  vulnerable consumer population in need of adequate housing. It
  132  is the intent of the Legislature to protect persons who reside
  133  in a recovery residence.
  134         (3) A credentialing entity shall require the recovery
  135  residence to submit the following documents with the completed
  136  application and fee:
  137         (m) Proof of satisfactory fire, safety, and health
  138  inspections. A recovery residence must comply with the
  139  provisions of the Florida Fire Prevention Code which apply to
  140  one-family and two-family dwellings, public lodging
  141  establishments, or rooming houses, or other housing facilities,
  142  as applicable.
  143         (6) All owners, directors, and chief financial officers of
  144  an applicant recovery residence are subject to level 2
  145  background screening as provided under chapter 435 and s.
  146  408.809. A recovery residence is ineligible for certification,
  147  and a credentialing entity shall deny a recovery residence’s
  148  application, if any owner, director, or chief financial officer
  149  has been found guilty of, or has entered a plea of guilty or
  150  nolo contendere to, regardless of adjudication, any offense
  151  listed in s. 408.809(4) or s. 435.04(2) unless the department
  152  has issued an exemption under s. 397.4073 or s. 397.4872. In
  153  accordance with s. 435.04, the department shall notify the
  154  credentialing agency of an owner’s, director’s, or chief
  155  financial officer’s eligibility based on the results of his or
  156  her background screening.
  157         Section 4. Section 397.4873, Florida Statutes, is amended
  158  to read:
  159         397.4873 Referrals to or from recovery residences;
  160  prohibitions; penalties.—
  161         (1) A service provider licensed under this part may not
  162  make a referral of a prospective, current, or discharged patient
  163  to, or accept a referral of such a patient from, a recovery
  164  residence unless the recovery residence holds a valid
  165  certificate of compliance as provided in s. 397.487 and is
  166  actively managed by a certified recovery residence administrator
  167  as provided in s. 397.4871.
  168         (2) Subsection (1) does not apply to:
  169         (a) A licensed service provider under contract with a
  170  managing entity as defined in s. 394.9082.
  171         (b) Referrals by a recovery residence to a licensed service
  172  provider when a resident has experienced a recurrence of
  173  substance use and, in the best judgment of the recovery
  174  residence administrator, it appears that the resident may
  175  benefit from clinical treatment services the recovery residence
  176  or its owners, directors, operators, or employees do not
  177  benefit, directly or indirectly, from the referral.
  178         (c) Referrals made before July 1, 2018, by a licensed
  179  service provider to that licensed service provider’s wholly
  180  owned subsidiary.
  181         (3)A recovery residence or its owners, directors,
  182  operators, employees, or volunteers may not benefit, directly or
  183  indirectly, from a referral made pursuant to subsection (1) or
  184  subsection (2).
  185         (4)(3) For purposes of this section, a licensed service
  186  provider or recovery residence shall be considered to have made
  187  a referral if the provider or recovery residence has informed a
  188  patient by any means about the name, address, or other details
  189  of a recovery residence or licensed service provider, or
  190  informed a licensed service provider or a recovery residence of
  191  any identifying details about a patient.
  192         (5)(4) A licensed service provider shall maintain records
  193  of referrals to or from recovery residences as may be prescribed
  194  by the department in rule.
  195         (6)(5) After June 30, 2019, a licensed service provider
  196  violating this section shall be subject to an administrative
  197  fine of $1,000 per occurrence. Repeat violations of this section
  198  may subject a provider to license suspension or revocation
  199  pursuant to s. 397.415.
  200         (7)(6) Nothing in this section requires a licensed service
  201  provider to refer a patient to or to accept a referral of a
  202  patient from a recovery residence.
  203         Section 5. Subsection (2) of section 435.07, Florida
  204  Statutes, is amended to read:
  205         435.07 Exemptions from disqualification.—Unless otherwise
  206  provided by law, the provisions of this section apply to
  207  exemptions from disqualification for disqualifying offenses
  208  revealed pursuant to background screenings required under this
  209  chapter, regardless of whether those disqualifying offenses are
  210  listed in this chapter or other laws.
  211         (2) Persons employed, or applicants for employment, by
  212  treatment providers who treat adolescents 13 years of age and
  213  older who are disqualified from employment solely because of
  214  crimes under s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s.
  215  817.563, s. 831.01, s. 831.02, s. 832.05(4), s. 893.13, or s.
  216  893.147, and any related criminal attempt, solicitation, or
  217  conspiracy under s. 777.04, may be exempted from
  218  disqualification from employment pursuant to this chapter
  219  without application of the waiting period in subparagraph
  220  (1)(a)1.
  221         Section 6. This act shall take effect July 1, 2018.