Florida Senate - 2018                      CS for CS for SB 1418
       By the Committees on Criminal Justice; and Children, Families,
       and Elder Affairs; and Senator Rouson
       591-02894-18                                          20181418c2
    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; requiring the Department of
   12         Children and Families to grant or deny an exemption
   13         from disqualification within a certain timeframe;
   14         authorizing certain applicants for an exemption to
   15         work under the supervision of certain persons for a
   16         specified period of time while his or her application
   17         is pending; authorizing certain persons to be exempted
   18         from disqualification from employment; authorizing the
   19         department to grant exemptions from disqualification
   20         for service provider personnel to work solely in
   21         certain treatment programs and facilities; amending s.
   22         397.487, F.S.; revising legislative findings relating
   23         to voluntary certification of recovery residences;
   24         requiring recovery residences to comply with specified
   25         Florida Fire Prevention Code provisions; revising
   26         background screening requirements for owners,
   27         directors, and chief financial officers of recovery
   28         residences; amending s. 397.4873, F.S.; providing
   29         exceptions to limitations on referrals by recovery
   30         residences to licensed service providers; prohibiting
   31         recovery residences and specified affiliated
   32         individuals from benefitting from certain referrals;
   33         providing penalties; amending s. 435.07, F.S.;
   34         authorizing the exemption of certain persons from
   35         disqualification from employment; providing an
   36         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 who have
   61  direct contact with individuals receiving treatment. Such
   62  screening shall also include background screening as provided in
   63  s. 408.809 Background checks shall apply as follows:
   64         1.All owners, directors, chief financial officers, and
   65  clinical supervisors of service providers are subject to level 2
   66  background screening as provided under chapter 435. Inmate
   67  substance abuse programs operated directly or under contract
   68  with the Department of Corrections are exempt from background
   69  screening requirements under this section this requirement.
   70         2.All service provider personnel who have direct contact
   71  with children receiving services or with adults who are
   72  developmentally disabled receiving services are subject to level
   73  2 background screening as provided under chapter 435.
   74         (f) Service provider personnel who request an exemption
   75  from disqualification must submit the request within 30 days
   76  after being notified of the disqualification. The department
   77  shall grant or deny the exemption from disqualification within
   78  60 days after receipt of a complete application.
   79         (g) If 5 years or more have elapsed since the most recent
   80  disqualifying offense, the applicant for the exemption service
   81  provider personnel may work with adults with substance use
   82  disorders under the supervision of persons who meet all
   83  personnel requirements of this chapter for up to 90 days after
   84  being notified of the disqualification or until the department a
   85  qualified professional licensed under chapter 490 or chapter 491
   86  or a master’s-level-certified addictions professional until the
   87  agency makes a final determination regarding the request for an
   88  exemption from disqualification, whichever is earlier.
   89         (h)(g) The department may not issue a regular license to
   90  any service provider that fails to provide proof that background
   91  screening information has been submitted in accordance with
   92  chapter 435.
   94         (a) The department may grant to any service provider
   95  personnel an exemption from disqualification as provided in s.
   96  435.07.
   97         (b) Since rehabilitated substance abuse impaired persons
   98  are effective in the successful treatment and rehabilitation of
   99  individuals with substance use disorders, for service providers
  100  which treat adolescents 13 years of age and older, service
  101  provider personnel whose background checks indicate crimes under
  102  s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 817.563, s.
  103  831.01, s. 831.02, s. 832.05(4), s. 893.13, or s. 893.147, and
  104  any related criminal attempt, solicitation, or conspiracy under
  105  s. 777.04, may be exempted from disqualification from employment
  106  pursuant to this paragraph.
  107         (c) The department may grant exemptions from
  108  disqualification for service provider personnel to work solely
  109  in substance abuse treatment programs or facilities or in
  110  programs or facilities that treat co-occurring substance use and
  111  mental health disorders. The department may further limit such
  112  grant exemptions from disqualification which would limit service
  113  provider personnel to working with adults in substance abuse
  114  treatment facilities.
  115         Section 3. Subsection (1), paragraph (m) of subsection (3),
  116  and subsection (6) of section 397.487, Florida Statutes, are
  117  amended to read:
  118         397.487 Voluntary certification of recovery residences.—
  119         (1) The Legislature finds that a person suffering from
  120  addiction has a higher success rate of achieving long-lasting
  121  sobriety when given the opportunity to build a stronger
  122  foundation by living in a recovery residence while receiving
  123  treatment or after completing treatment. The Legislature further
  124  finds that this state and its subdivisions have a legitimate
  125  state interest in protecting these persons, who represent a
  126  vulnerable consumer population in need of adequate housing. It
  127  is the intent of the Legislature to protect persons who reside
  128  in a recovery residence.
  129         (3) A credentialing entity shall require the recovery
  130  residence to submit the following documents with the completed
  131  application and fee:
  132         (m) Proof of satisfactory fire, safety, and health
  133  inspections. A recovery residence must comply with the
  134  provisions of the Florida Fire Prevention Code which apply to
  135  one-family and two-family dwellings.
  136         (6) All owners, directors, and chief financial officers of
  137  an applicant recovery residence are subject to level 2
  138  background screening as provided under chapter 435 and s.
  139  408.809. A recovery residence is ineligible for certification,
  140  and a credentialing entity shall deny a recovery residence’s
  141  application, if any owner, director, or chief financial officer
  142  has been found guilty of, or has entered a plea of guilty or
  143  nolo contendere to, regardless of adjudication, any offense
  144  listed in s. 408.809(4) or s. 435.04(2) unless the department
  145  has issued an exemption under s. 397.4073 or s. 397.4872. In
  146  accordance with s. 435.04, the department shall notify the
  147  credentialing agency of an owner’s, director’s, or chief
  148  financial officer’s eligibility based on the results of his or
  149  her background screening.
  150         Section 4. Section 397.4873, Florida Statutes, is amended
  151  to read:
  152         397.4873 Referrals to or from recovery residences;
  153  prohibitions; penalties.—
  154         (1) A service provider licensed under this part may not
  155  make a referral of a prospective, current, or discharged patient
  156  to, or accept a referral of such a patient from, a recovery
  157  residence unless the recovery residence holds a valid
  158  certificate of compliance as provided in s. 397.487 and is
  159  actively managed by a certified recovery residence administrator
  160  as provided in s. 397.4871.
  161         (2) Subsection (1) does not apply to:
  162         (a) A licensed service provider under contract with a
  163  managing entity as defined in s. 394.9082.
  164         (b) Referrals by a recovery residence to a licensed service
  165  provider when a resident has experienced a recurrence of
  166  substance use and, in the best judgment of the recovery
  167  residence administrator, it appears that the resident may
  168  benefit from clinical treatment services the recovery residence
  169  or its owners, directors, operators, or employees do not
  170  benefit, directly or indirectly, from the referral.
  171         (c) Referrals made before July 1, 2019 2018, by a licensed
  172  service provider to that licensed service provider’s wholly
  173  owned subsidiary.
  174         (3)A recovery residence or its owners, directors,
  175  operators, employees, or volunteers may not receive a direct
  176  pecuniary benefit in exchange for a referral made pursuant to
  177  subsection (1) or subsection (2).
  178         (4)(3) For purposes of this section, a licensed service
  179  provider or recovery residence shall be considered to have made
  180  a referral if the provider or recovery residence has informed a
  181  patient by any means about the name, address, or other details
  182  of a recovery residence or licensed service provider, or
  183  informed a licensed service provider or a recovery residence of
  184  any identifying details about a patient.
  185         (5)(4) A licensed service provider shall maintain records
  186  of referrals to or from recovery residences as may be prescribed
  187  by the department in rule.
  188         (6)(5) After June 30, 2019, a licensed service provider
  189  violating this section shall be subject to an administrative
  190  fine of $1,000 per occurrence. Repeat violations of this section
  191  may subject a provider to license suspension or revocation
  192  pursuant to s. 397.415.
  193         (7)(6) Nothing in this section requires a licensed service
  194  provider to refer a patient to or to accept a referral of a
  195  patient from a recovery residence.
  196         Section 5. Subsection (2) of section 435.07, Florida
  197  Statutes, is amended to read:
  198         435.07 Exemptions from disqualification.—Unless otherwise
  199  provided by law, the provisions of this section apply to
  200  exemptions from disqualification for disqualifying offenses
  201  revealed pursuant to background screenings required under this
  202  chapter, regardless of whether those disqualifying offenses are
  203  listed in this chapter or other laws.
  204         (2) Persons employed, or applicants for employment, by
  205  treatment providers who treat adolescents 13 years of age and
  206  older who are disqualified from employment solely because of
  207  crimes under s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s.
  208  817.563, s. 831.01, s. 831.02, s. 832.05(4), s. 893.13, or s.
  209  893.147, and any related criminal attempt, solicitation, or
  210  conspiracy under s. 777.04, may be exempted from
  211  disqualification from employment pursuant to this chapter
  212  without application of the waiting period in subparagraph
  213  (1)(a)1.
  214         Section 6. This act shall take effect July 1, 2018.