Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 450
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Children, Families, and Elder Affairs (Garcia)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (32) through (48) of section
    6  394.455, Florida Statutes, are redesignated as subsections (33)
    7  through (49), respectively, and a new subsection (32) is added
    8  to that section, to read:
    9         394.455 Definitions.—As used in this part, the term:
   10         (32) “Peer specialist” means a person who has been in
   11  recovery from a substance use disorder or mental illness for the
   12  past 2 years or a family member or caregiver of a person with a
   13  substance use disorder or mental illness and who is certified
   14  under s. 397.417.
   15         Section 2. Paragraph (a) of subsection (1) of section
   16  394.4572, Florida Statutes, is amended to read:
   17         394.4572 Screening of mental health personnel.—
   18         (1)(a) The department and the Agency for Health Care
   19  Administration shall require level 2 background screening
   20  pursuant to chapter 435 for mental health personnel. “Mental
   21  health personnel” includes all program directors, professional
   22  clinicians, staff members, and volunteers working in public or
   23  private mental health programs and facilities who have direct
   24  contact with individuals held for examination or admitted for
   25  mental health treatment. For purposes of this chapter,
   26  employment screening of mental health personnel also includes,
   27  but is not limited to, employment screening as provided under
   28  chapter 435 and s. 408.809. The department and the Agency for
   29  Health Care Administration shall require a level 2 background
   30  screening pursuant to s. 397.417(5) for persons working as peer
   31  specialists in public or private mental health programs or
   32  facilities who have direct contact with individuals held for
   33  involuntary examination or admitted for mental health treatment.
   34         Section 3. Paragraph (l) of subsection (2) of section
   35  394.4573, Florida Statutes, is amended to read:
   36         394.4573 Coordinated system of care; annual assessment;
   37  essential elements; measures of performance; system improvement
   38  grants; reports.—On or before December 1 of each year, the
   39  department shall submit to the Governor, the President of the
   40  Senate, and the Speaker of the House of Representatives an
   41  assessment of the behavioral health services in this state. The
   42  assessment shall consider, at a minimum, the extent to which
   43  designated receiving systems function as no-wrong-door models,
   44  the availability of treatment and recovery services that use
   45  recovery-oriented and peer-involved approaches, the availability
   46  of less-restrictive services, and the use of evidence-informed
   47  practices. The department’s assessment shall consider, at a
   48  minimum, the needs assessments conducted by the managing
   49  entities pursuant to s. 394.9082(5). Beginning in 2017, the
   50  department shall compile and include in the report all plans
   51  submitted by managing entities pursuant to s. 394.9082(8) and
   52  the department’s evaluation of each plan.
   53         (2) The essential elements of a coordinated system of care
   54  include:
   55         (l) Recovery support, including, but not limited to, the
   56  use of peer specialists as described in s. 397.417 to assist in
   57  the individual’s recovery from a substance use disorder or
   58  mental illness, support for competitive employment, educational
   59  attainment, independent living skills development, family
   60  support and education, wellness management and self-care, and
   61  assistance in obtaining housing that meets the individual’s
   62  needs. Such housing may include mental health residential
   63  treatment facilities, limited mental health assisted living
   64  facilities, adult family care homes, and supportive housing.
   65  Housing provided using state funds must provide a safe and
   66  decent environment free from abuse and neglect.
   67         Section 4. Present subsections (30) through (49) of section
   68  397.311, Florida Statutes, are redesignated as subsections (31)
   69  through (50), respectively, and a new subsection (30) is added
   70  to that section, to read:
   71         397.311 Definitions.—As used in this chapter, except part
   72  VIII, the term:
   73         (30) Peer specialist” means a person who has been in
   74  recovery from a substance use disorder or mental illness for the
   75  past 2 years or a family member or caregiver of a person with a
   76  substance use disorder or mental illness and who is certified
   77  under s. 397.417.
   78         Section 5. Paragraphs (b) and (c) of subsection (4) of
   79  section 397.4073, Florida Statutes, are amended to read:
   80         397.4073 Background checks of service provider personnel.—
   82         (b) Since rehabilitated substance abuse impaired persons
   83  are effective in the successful treatment and rehabilitation of
   84  individuals with substance use disorders, for service providers
   85  which treat adolescents 13 years of age and older, service
   86  provider personnel whose background checks indicate crimes under
   87  s. 817.563, s. 893.13, or s. 893.147 may be exempted from
   88  disqualification from employment pursuant to this paragraph.
   89         (c) The department may grant exemptions from
   90  disqualification which would limit service provider personnel to
   91  working with adults in substance use disorder abuse treatment
   92  facilities.
   93         Section 6. Section 397.417, Florida Statutes, is created to
   94  read:
   95         397.417 Behavioral health peer specialists.—
   97         (a) The Legislature finds that:
   98         1. The ability to provide adequate behavioral health
   99  services is limited by a shortage of professionals and
  100  paraprofessionals.
  101         2. The state is experiencing an increase in opioid
  102  addictions, which prove fatal to persons in many cases.
  103         3. Peer specialists provide effective support services
  104  because they share common life experiences with the persons they
  105  assist.
  106         4. Peer specialists promote a sense of community among
  107  those in recovery.
  108         5. Research has shown that peer support facilitates
  109  recovery and reduces health care costs.
  110         6. Peer specialists may have a criminal history that
  111  prevents them from meeting background screening requirements.
  112         (b) The Legislature intends to expand the use of peer
  113  specialists as a cost-effective means of providing services by
  114  ensuring that peer specialists meet specified qualifications,
  115  meet modified background screening requirements, and are
  116  adequately reimbursed for their services.
  117         (2) QUALIFICATIONS.—
  118         (a) A person may seek certification as a peer specialist if
  119  he or she has been in recovery from a substance use disorder or
  120  mental illness for the past 2 years or if he or she is a family
  121  member or caregiver of a person with a substance use disorder or
  122  mental illness.
  123         (b) To obtain certification as a peer specialist, a person
  124  must meet the background screening requirements of subsection
  125  (5), complete the training program, and achieve a passing score
  126  on the competency exam described in paragraph (3)(a).
  127         (3) DUTIES OF THE DEPARTMENT.—
  128         (a) The department must develop a training program for
  129  persons seeking certification as peer specialists. The
  130  department must give preference to trainers who are certified
  131  peer specialists. The training program must coincide with a
  132  competency exam and be based on current practice standards.
  133         (b) The department shall certify peer specialists. The
  134  department may certify peer specialists directly or may
  135  designate a private, nonprofit certification organization to
  136  certify peer specialists, implement the training program, and
  137  administer the competency exam.
  138         (c) The department must require that a person providing
  139  peer specialist services be certified or be supervised by a
  140  licensed behavioral health care professional or a certified peer
  141  specialist.
  142         (4) PAYMENT.—Peer specialist services may be reimbursed as
  143  a recovery service through the department, a behavioral health
  144  managing entity, or the Medicaid program. Medicaid managed care
  145  plans are encouraged to use peer specialists in providing
  146  recovery services.
  147         (5) BACKGROUND SCREENING.—
  148         (a) All peer specialists must have completed or been
  149  lawfully released from confinement, supervision, or any
  150  nonmonetary condition imposed by the court for any felony and
  151  must undergo a background screening as a condition of employment
  152  and continued employment. The background screening must include
  153  fingerprinting for statewide criminal history records checks
  154  through the Department of Law Enforcement and national criminal
  155  history records checks through the Federal Bureau of
  156  Investigation. The background screening may include local
  157  criminal records checks through local law enforcement agencies.
  158         (b) The department or the Agency for Health Care
  159  Administration, as applicable, may require by rule that
  160  fingerprints submitted pursuant to this section be submitted
  161  electronically to the Department of Law Enforcement.
  162         (c) The department or the Agency for Health Care
  163  Administration, as applicable, may contract with one or more
  164  vendors to perform all or part of the electronic fingerprinting
  165  pursuant to this section. Such contracts must ensure that the
  166  owners and personnel of the vendor performing the electronic
  167  fingerprinting are qualified and will ensure the integrity and
  168  security of all personal identifying information.
  169         (d) Vendors who submit fingerprints on behalf of employers
  170  must:
  171         1. Meet the requirements of s. 943.053; and
  172         2. Have the ability to communicate electronically with the
  173  department or the Agency for Health Care Administration, as
  174  applicable, accept screening results from the Department of Law
  175  Enforcement and provide the applicant’s full first name, middle
  176  initial, and last name; social security number or individual
  177  taxpayer identification number; date of birth; mailing address;
  178  sex; and race.
  179         (e) The background screening under this section must ensure
  180  that a peer specialist has not, during the previous 3 years,
  181  been arrested for and is awaiting final disposition of, been
  182  found guilty of, regardless of adjudication, or entered a plea
  183  of nolo contendere or guilty to, or been adjudicated delinquent
  184  and the record has not been sealed or expunged for, any felony.
  185         (f) The background screening under this section must ensure
  186  that a peer specialist has not been found guilty of, regardless
  187  of adjudication, or entered a plea of nolo contendere or guilty
  188  to, or been adjudicated delinquent and the record has not been
  189  sealed or expunged for, any offense prohibited under any of the
  190  following state laws or similar laws of another jurisdiction:
  191         1. Section 393.135, relating to sexual misconduct with
  192  certain developmentally disabled clients and reporting of such
  193  sexual misconduct.
  194         2. Section 394.4593, relating to sexual misconduct with
  195  certain mental health patients and reporting of such sexual
  196  misconduct.
  197         3. Section 409.9201, relating to Medicaid fraud.
  198         4. Section 415.111, relating to adult abuse, neglect, or
  199  exploitation of aged persons or disabled adults.
  200         5.Section 741.28, relating to domestic violence.
  201         6. Section 777.04, relating to attempts, solicitation, and
  202  conspiracy to commit an offense listed in this section.
  203         7. Section 782.04, relating to murder.
  204         8. Section 782.07, relating to manslaughter, aggravated
  205  manslaughter of an elderly person or disabled adult, aggravated
  206  manslaughter of a child, or aggravated manslaughter of an
  207  officer, a firefighter, an emergency medical technician, or a
  208  paramedic.
  209         9. Section 782.071, relating to vehicular homicide.
  210         10. Section 782.09, relating to killing of an unborn child
  211  by injury to the mother.
  212         11. Chapter 784, relating to assault, battery, and culpable
  213  negligence, if the offense was a felony.
  214         12. Section 787.01, relating to kidnapping.
  215         13. Section 787.02, relating to false imprisonment.
  216         14. Section 787.025, relating to luring or enticing a
  217  child.
  218         15. Section 787.04(2), relating to leading, taking,
  219  enticing, or removing a minor beyond the state limits, or
  220  concealing the location of a minor, with criminal intent pending
  221  custody proceedings.
  222         16. Section 787.04(3), relating to leading, taking,
  223  enticing, or removing a minor beyond the state limits, or
  224  concealing the location of a minor, with criminal intent pending
  225  dependency proceedings or proceedings concerning alleged abuse
  226  or neglect of a minor.
  227         17. Section 790.115(1), relating to exhibiting firearms or
  228  weapons within 1,000 feet of a school.
  229         18. Section 790.115(2)(b), relating to possessing an
  230  electric weapon or device, destructive device, or other weapon
  231  on school property.
  232         19. Section 794.011, relating to sexual battery.
  233         20.Former s. 794.041, relating to prohibited acts of
  234  persons in familial or custodial authority.
  235         21. Section 794.05, relating to unlawful sexual activity
  236  with certain minors.
  237         22. Section 794.08, relating to female genital mutilation.
  238         23. Section 798.02, relating to lewd and lascivious
  239  behavior.
  240         24. Chapter 800, relating to lewdness and indecent
  241  exposure.
  242         25. Section 806.01, relating to arson.
  243         26. Section 810.02, relating to burglary, if the offense
  244  was a felony of the first degree.
  245         27. Section 810.14, relating to voyeurism, if the offense
  246  was a felony.
  247         28. Section 810.145, relating to video voyeurism, if the
  248  offense was a felony.
  249         29. Section 812.13, relating to robbery.
  250         30. Section 812.131, relating to robbery by sudden
  251  snatching.
  252         31. Section 812.133, relating to carjacking.
  253         32. Section 812.135, relating to home-invasion robbery.
  254         33.Section 817.50, relating to fraudulently obtaining
  255  goods or services from a health care provider and false reports
  256  of a communicable disease.
  257         34. Section 817.505, relating to patient brokering.
  258         35. Section 825.102, relating to abuse, aggravated abuse,
  259  or neglect of an elderly person or disabled adult.
  260         36. Section 825.1025, relating to lewd or lascivious
  261  offenses committed upon or in the presence of an elderly person
  262  or disabled person.
  263         37. Section 825.103, relating to exploitation of an elderly
  264  person or disabled adult, if the offense was a felony.
  265         38. Section 826.04, relating to incest.
  266         39. Section 827.03, relating to child abuse, aggravated
  267  child abuse, or neglect of a child.
  268         40. Section 827.04, relating to contributing to the
  269  delinquency or dependency of a child.
  270         41. Former s. 827.05, relating to negligent treatment of
  271  children.
  272         42. Section 827.071, relating to sexual performance by a
  273  child.
  274         43.Section 831.30, relating to fraud in obtaining
  275  medicinal drugs.
  276         44. Section 831.31, relating to sale, manufacture,
  277  delivery, possession with intent to sell, manufacture, or
  278  deliver any counterfeit controlled substance if the offense was
  279  a felony.
  280         45. Section 843.01, relating to resisting arrest with
  281  violence.
  282         46. Section 843.025, relating to depriving a law
  283  enforcement, correctional, or correctional probation officer
  284  means of protection or communication.
  285         47. Section 843.12, relating to aiding in an escape.
  286         48. Section 843.13, relating to aiding in the escape of
  287  juvenile inmates of correctional institutions.
  288         49. Chapter 847, relating to obscene literature.
  289         50. Section 874.05, relating to encouraging or recruiting
  290  another to join a criminal gang.
  291         51. Chapter 893, relating to drug abuse prevention and
  292  control, if the offense was a felony of the second degree or
  293  greater severity.
  294         52.Section 895.03, relating to racketeering and collection
  295  of unlawful debts.
  296         53. Section 896.101, relating to the Florida Money
  297  Laundering Act.
  298         54. Section 916.1075, relating to sexual misconduct with
  299  certain forensic clients and reporting of such sexual
  300  misconduct.
  301         55. Section 944.35(3), relating to inflicting cruel or
  302  inhuman treatment on an inmate resulting in great bodily harm.
  303         56. Section 944.40, relating to escape.
  304         57. Section 944.46, relating to harboring, concealing, or
  305  aiding an escaped prisoner.
  306         58. Section 944.47, relating to introduction of contraband
  307  into a correctional facility.
  308         59. Section 985.701, relating to sexual misconduct in
  309  juvenile justice programs.
  310         60. Section 985.711, relating to contraband introduced into
  311  detention facilities.
  312         (6) EXEMPTION REQUESTS.—Persons who wish to become a peer
  313  specialist and are disqualified under subsection (5) may request
  314  an exemption from disqualification pursuant to s. 435.07 from
  315  the department or the Agency for Health Care Administration, as
  316  applicable.
  317         (7) GRANDFATHER CLAUSE.—All peer specialists certified as
  318  of the effective date of this act are recognized as having met
  319  the requirements of this act.
  320         Section 7. Paragraph (e) of subsection (5) of section
  321  212.055, Florida Statutes, is amended to read:
  322         212.055 Discretionary sales surtaxes; legislative intent;
  323  authorization and use of proceeds.—It is the legislative intent
  324  that any authorization for imposition of a discretionary sales
  325  surtax shall be published in the Florida Statutes as a
  326  subsection of this section, irrespective of the duration of the
  327  levy. Each enactment shall specify the types of counties
  328  authorized to levy; the rate or rates which may be imposed; the
  329  maximum length of time the surtax may be imposed, if any; the
  330  procedure which must be followed to secure voter approval, if
  331  required; the purpose for which the proceeds may be expended;
  332  and such other requirements as the Legislature may provide.
  333  Taxable transactions and administrative procedures shall be as
  334  provided in s. 212.054.
  335         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  336  s. 125.011(1) may levy the surtax authorized in this subsection
  337  pursuant to an ordinance either approved by extraordinary vote
  338  of the county commission or conditioned to take effect only upon
  339  approval by a majority vote of the electors of the county voting
  340  in a referendum. In a county as defined in s. 125.011(1), for
  341  the purposes of this subsection, “county public general
  342  hospital” means a general hospital as defined in s. 395.002
  343  which is owned, operated, maintained, or governed by the county
  344  or its agency, authority, or public health trust.
  345         (e) A governing board, agency, or authority shall be
  346  chartered by the county commission upon this act becoming law.
  347  The governing board, agency, or authority shall adopt and
  348  implement a health care plan for indigent health care services.
  349  The governing board, agency, or authority shall consist of no
  350  more than seven and no fewer than five members appointed by the
  351  county commission. The members of the governing board, agency,
  352  or authority shall be at least 18 years of age and residents of
  353  the county. A No member may not be employed by or affiliated
  354  with a health care provider or the public health trust, agency,
  355  or authority responsible for the county public general hospital.
  356  The following community organizations shall each appoint a
  357  representative to a nominating committee: the South Florida
  358  Hospital and Healthcare Association, the Miami-Dade County
  359  Public Health Trust, the Dade County Medical Association, the
  360  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  361  County. This committee shall nominate between 10 and 14 county
  362  citizens for the governing board, agency, or authority. The
  363  slate shall be presented to the county commission and the county
  364  commission shall confirm the top five to seven nominees,
  365  depending on the size of the governing board. Until such time as
  366  the governing board, agency, or authority is created, the funds
  367  provided for in subparagraph (d)2. shall be placed in a
  368  restricted account set aside from other county funds and not
  369  disbursed by the county for any other purpose.
  370         1. The plan shall divide the county into a minimum of four
  371  and maximum of six service areas, with no more than one
  372  participant hospital per service area. The county public general
  373  hospital shall be designated as the provider for one of the
  374  service areas. Services shall be provided through participants’
  375  primary acute care facilities.
  376         2. The plan and subsequent amendments to it shall fund a
  377  defined range of health care services for both indigent persons
  378  and the medically poor, including primary care, preventive care,
  379  hospital emergency room care, and hospital care necessary to
  380  stabilize the patient. For the purposes of this section,
  381  “stabilization” means stabilization as defined in s. 397.311 s.
  382  397.311(45). Where consistent with these objectives, the plan
  383  may include services rendered by physicians, clinics, community
  384  hospitals, and alternative delivery sites, as well as at least
  385  one regional referral hospital per service area. The plan shall
  386  provide that agreements negotiated between the governing board,
  387  agency, or authority and providers shall recognize hospitals
  388  that render a disproportionate share of indigent care, provide
  389  other incentives to promote the delivery of charity care to draw
  390  down federal funds where appropriate, and require cost
  391  containment, including, but not limited to, case management.
  392  From the funds specified in subparagraphs (d)1. and 2. for
  393  indigent health care services, service providers shall receive
  394  reimbursement at a Medicaid rate to be determined by the
  395  governing board, agency, or authority created pursuant to this
  396  paragraph for the initial emergency room visit, and a per-member
  397  per-month fee or capitation for those members enrolled in their
  398  service area, as compensation for the services rendered
  399  following the initial emergency visit. Except for provisions of
  400  emergency services, upon determination of eligibility,
  401  enrollment shall be deemed to have occurred at the time services
  402  were rendered. The provisions for specific reimbursement of
  403  emergency services shall be repealed on July 1, 2001, unless
  404  otherwise reenacted by the Legislature. The capitation amount or
  405  rate shall be determined before program implementation by an
  406  independent actuarial consultant. In no event shall such
  407  reimbursement rates exceed the Medicaid rate. The plan must also
  408  provide that any hospitals owned and operated by government
  409  entities on or after the effective date of this act must, as a
  410  condition of receiving funds under this subsection, afford
  411  public access equal to that provided under s. 286.011 as to any
  412  meeting of the governing board, agency, or authority the subject
  413  of which is budgeting resources for the retention of charity
  414  care, as that term is defined in the rules of the Agency for
  415  Health Care Administration. The plan shall also include
  416  innovative health care programs that provide cost-effective
  417  alternatives to traditional methods of service and delivery
  418  funding.
  419         3. The plan’s benefits shall be made available to all
  420  county residents currently eligible to receive health care
  421  services as indigents or medically poor as defined in paragraph
  422  (4)(d).
  423         4. Eligible residents who participate in the health care
  424  plan shall receive coverage for a period of 12 months or the
  425  period extending from the time of enrollment to the end of the
  426  current fiscal year, per enrollment period, whichever is less.
  427         5. At the end of each fiscal year, the governing board,
  428  agency, or authority shall prepare an audit that reviews the
  429  budget of the plan, delivery of services, and quality of
  430  services, and makes recommendations to increase the plan’s
  431  efficiency. The audit shall take into account participant
  432  hospital satisfaction with the plan and assess the amount of
  433  poststabilization patient transfers requested, and accepted or
  434  denied, by the county public general hospital.
  435         Section 8. Subsection (3) of section 394.495, Florida
  436  Statutes, is amended to read:
  437         394.495 Child and adolescent mental health system of care;
  438  programs and services.—
  439         (3) Assessments must be performed by:
  440         (a) A professional as defined in s. 394.455(5), (7), (33)
  441  (32), (36) (35), or (37) (36);
  442         (b) A professional licensed under chapter 491; or
  443         (c) A person who is under the direct supervision of a
  444  qualified professional as defined in s. 394.455(5), (7), (33)
  445  (32), (36) (35), or (37) (36) or a professional licensed under
  446  chapter 491.
  447         Section 9. Subsection (5) of section 394.496, Florida
  448  Statutes, is amended to read:
  449         394.496 Service planning.—
  450         (5) A professional as defined in s. 394.455(5), (7), (33)
  451  (32), (36) (35), or (37) (36) or a professional licensed under
  452  chapter 491 must be included among those persons developing the
  453  services plan.
  454         Section 10. Subsection (6) of section 394.9085, Florida
  455  Statutes, is amended to read:
  456         394.9085 Behavioral provider liability.—
  457         (6) For purposes of this section, the term terms
  458  “detoxification services,has the same meaning as
  459  detoxification in s. 397.311(26)(a), “addictions receiving
  460  facility,has the same meaning as provided in s.
  461  397.311(26)(a), and “receiving facility” has have the same
  462  meaning meanings as those provided in s. 394.455 ss.
  463  397.311(26)(a)4., 397.311(26)(a)1., and 394.455(39),
  464  respectively.
  465         Section 11. Section 397.416, Florida Statutes, is amended
  466  to read:
  467         397.416 Substance use disorder abuse treatment services;
  468  qualified professional.—Notwithstanding any other provision of
  469  law, a person who was certified through a certification process
  470  recognized by the former Department of Health and Rehabilitative
  471  Services before January 1, 1995, may perform the duties of a
  472  qualified professional with respect to substance use abuse
  473  treatment services as defined in this chapter, and need not meet
  474  the certification requirements contained in s. 397.311(35) s.
  475  397.311(34).
  476         Section 12. Paragraph (b) of subsection (1) of section
  477  409.972, Florida Statutes, is amended to read:
  478         409.972 Mandatory and voluntary enrollment.—
  479         (1) The following Medicaid-eligible persons are exempt from
  480  mandatory managed care enrollment required by s. 409.965, and
  481  may voluntarily choose to participate in the managed medical
  482  assistance program:
  483         (b) Medicaid recipients residing in residential commitment
  484  facilities operated through the Department of Juvenile Justice
  485  or in a treatment facility as defined in s. 394.455 s.
  486  394.455(47).
  487         Section 13. Paragraphs (d) and (g) of subsection (1) of
  488  section 440.102, Florida Statutes, are amended to read:
  489         440.102 Drug-free workplace program requirements.—The
  490  following provisions apply to a drug-free workplace program
  491  implemented pursuant to law or to rules adopted by the Agency
  492  for Health Care Administration:
  493         (1) DEFINITIONS.—Except where the context otherwise
  494  requires, as used in this act:
  495         (d) “Drug rehabilitation program” means a service provider
  496  as defined in s. 397.311 which, established pursuant to s.
  497  397.311(43), that provides confidential, timely, and expert
  498  identification, assessment, and resolution of employee drug
  499  abuse.
  500         (g) “Employee assistance program” means an established
  501  program capable of providing expert assessment of employee
  502  personal concerns; confidential and timely identification
  503  services with regard to employee drug abuse; referrals of
  504  employees for appropriate diagnosis, treatment, and assistance;
  505  and followup services for employees who participate in the
  506  program or require monitoring after returning to work. If, in
  507  addition to the above activities, an employee assistance program
  508  provides diagnostic and treatment services, these services shall
  509  in all cases be provided by service providers as defined in s.
  510  397.311 pursuant to s. 397.311(43).
  511         Section 14. Subsection (7) of section 744.2007, Florida
  512  Statutes, is amended to read:
  513         744.2007 Powers and duties.—
  514         (7) A public guardian may not commit a ward to a treatment
  515  facility, as defined in s. 394.455 s. 394.455(47), without an
  516  involuntary placement proceeding as provided by law.
  517         Section 15. This act shall take effect July 1, 2018.
  519  ================= T I T L E  A M E N D M E N T ================
  520  And the title is amended as follows:
  521         Delete everything before the enacting clause
  522  and insert:
  523                        A bill to be entitled                      
  524         An act relating to mental health and substance use
  525         disorders; amending s. 394.455, F.S.; defining the
  526         term “peer specialist”; amending s. 394.4572, F.S.;
  527         requiring a specific level of screening for peer
  528         specialists working in mental health programs and
  529         facilities; amending s. 394.4573, F.S.; specifying
  530         that the use of peer specialists for recovery support
  531         is an essential element of a coordinated system of
  532         behavioral health care; amending s. 397.311, F.S.;
  533         defining the term “peer specialist”; amending s.
  534         397.4073, F.S.; conforming provisions to changes made
  535         by the act; creating s. 397.417, F.S.; providing
  536         legislative findings and intent; authorizing a person
  537         to seek certification as a peer specialist if he or
  538         she meets specified qualifications; requiring a
  539         background screening, completion of a training
  540         program, and a passing score on a competency exam for
  541         a qualified person to obtain certification as a peer
  542         specialist; requiring the Department of Children and
  543         Families to develop a training program for peer
  544         specialists and give preference to trainers who are
  545         certified peer specialists; requiring the training
  546         program to coincide with a competency exam and be
  547         based on current practice standards; requiring the
  548         department to certify peer specialists directly or by
  549         designating a nonprofit certification organization;
  550         requiring that a person providing peer specialist
  551         services be certified or supervised by a licensed
  552         behavioral health care professional or a certified
  553         peer specialist; authorizing the department, a
  554         behavioral health managing entity, or the Medicaid
  555         program to reimburse a peer specialist service as a
  556         recovery service; encouraging Medicaid managed care
  557         plans to use peer specialists in providing recovery
  558         services; requiring peer specialists to meet the
  559         requirements of a background screening as a condition
  560         of employment and continued employment; authorizing
  561         the department or the Agency for Health Care
  562         Administration to require by rule that fingerprints be
  563         submitted electronically to the Department of Law
  564         Enforcement; authorizing the department or the agency
  565         to contract with certain vendors for fingerprinting;
  566         specifying requirements for vendors; specifying
  567         offenses to be considered in the background screening
  568         of a peer specialist; authorizing a person who does
  569         not meet background screening requirements to request
  570         an exemption from disqualification from the department
  571         or the agency; providing that all peer specialists
  572         certified as of the effective date of this act are
  573         recognized as having met the requirements of this act;
  574         amending ss. 212.055, 394.495, 394.496, 394.9085,
  575         397.416, 409.972, 440.102, and 744.2007, F.S.;
  576         conforming cross-references; making technical changes;
  577         providing an effective date.