Florida Senate - 2018 CS for SB 1418
By the Committee on Children, Families, and Elder Affairs; and
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.—
56 (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
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.
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.
98 (4) EXEMPTIONS FROM DISQUALIFICATION.—
99 (a) The department may grant to any service provider
100 personnel an exemption from disqualification as provided in s.
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
221 Section 6. This act shall take effect July 1, 2018.