Florida Senate - 2018 CS for CS for SB 1418
By the Committees on Criminal Justice; and Children, Families,
and Elder Affairs; and Senator Rouson
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.—
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 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.
93 (4) EXEMPTIONS FROM DISQUALIFICATION.—
94 (a) The department may grant to any service provider
95 personnel an exemption from disqualification as provided in s.
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
214 Section 6. This act shall take effect July 1, 2018.