Florida Senate - 2018                              CS for SB 450
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Garcia
       586-01082-18                                           2018450c1
    1                        A bill to be entitled                      
    2         An act relating to mental health and substance use
    3         disorders; amending s. 394.455, F.S.; defining the
    4         term “peer specialist”; amending s. 394.4572, F.S.;
    5         requiring a specific level of screening for peer
    6         specialists working in mental health programs and
    7         facilities; amending s. 394.4573, F.S.; specifying
    8         that the use of peer specialists for recovery support
    9         is an essential element of a coordinated system of
   10         behavioral health care; amending s. 397.311, F.S.;
   11         defining the term “peer specialist”; amending s.
   12         397.4073, F.S.; conforming provisions to changes made
   13         by the act; creating s. 397.417, F.S.; providing
   14         legislative findings and intent; authorizing a person
   15         to seek certification as a peer specialist if he or
   16         she meets specified qualifications; requiring a
   17         background screening, completion of a training
   18         program, and a passing score on a competency exam for
   19         a qualified person to obtain certification as a peer
   20         specialist; requiring the Department of Children and
   21         Families to develop a training program for peer
   22         specialists and give preference to trainers who are
   23         certified peer specialists; requiring the training
   24         program to coincide with a competency exam and be
   25         based on current practice standards; requiring the
   26         department to certify peer specialists directly or by
   27         designating a nonprofit certification organization;
   28         requiring that a person providing peer specialist
   29         services be certified or supervised by a licensed
   30         behavioral health care professional or a certified
   31         peer specialist; authorizing the department, a
   32         behavioral health managing entity, or the Medicaid
   33         program to reimburse a peer specialist service as a
   34         recovery service; encouraging Medicaid managed care
   35         plans to use peer specialists in providing recovery
   36         services; requiring peer specialists to meet the
   37         requirements of a background screening as a condition
   38         of employment and continued employment; authorizing
   39         the department or the Agency for Health Care
   40         Administration to require by rule that fingerprints be
   41         submitted electronically to the Department of Law
   42         Enforcement; authorizing the department or the agency
   43         to contract with certain vendors for fingerprinting;
   44         specifying requirements for vendors; specifying
   45         offenses to be considered in the background screening
   46         of a peer specialist; authorizing a person who does
   47         not meet background screening requirements to request
   48         an exemption from disqualification from the department
   49         or the agency; providing that all peer specialists
   50         certified as of the effective date of this act are
   51         recognized as having met the requirements of this act;
   52         amending ss. 212.055, 394.495, 394.496, 394.9085,
   53         397.416, 409.972, 440.102, and 744.2007, F.S.;
   54         conforming cross-references; making technical changes;
   55         providing an effective date.
   57  Be It Enacted by the Legislature of the State of Florida:
   59         Section 1. Present subsections (32) through (48) of section
   60  394.455, Florida Statutes, are redesignated as subsections (33)
   61  through (49), respectively, and a new subsection (32) is added
   62  to that section, to read:
   63         394.455 Definitions.—As used in this part, the term:
   64         (32) “Peer specialist” means a person who has been in
   65  recovery from a substance use disorder or mental illness for the
   66  past 2 years or a family member or caregiver of a person with a
   67  substance use disorder or mental illness and who is certified
   68  under s. 397.417.
   69         Section 2. Paragraph (a) of subsection (1) of section
   70  394.4572, Florida Statutes, is amended to read:
   71         394.4572 Screening of mental health personnel.—
   72         (1)(a) The department and the Agency for Health Care
   73  Administration shall require level 2 background screening
   74  pursuant to chapter 435 for mental health personnel. “Mental
   75  health personnel” includes all program directors, professional
   76  clinicians, staff members, and volunteers working in public or
   77  private mental health programs and facilities who have direct
   78  contact with individuals held for examination or admitted for
   79  mental health treatment. For purposes of this chapter,
   80  employment screening of mental health personnel also includes,
   81  but is not limited to, employment screening as provided under
   82  chapter 435 and s. 408.809. The department and the Agency for
   83  Health Care Administration shall require a level 2 background
   84  screening pursuant to s. 397.417(5) for persons working as peer
   85  specialists in public or private mental health programs or
   86  facilities who have direct contact with individuals held for
   87  involuntary examination or admitted for mental health treatment.
   88         Section 3. Paragraph (l) of subsection (2) of section
   89  394.4573, Florida Statutes, is amended to read:
   90         394.4573 Coordinated system of care; annual assessment;
   91  essential elements; measures of performance; system improvement
   92  grants; reports.—On or before December 1 of each year, the
   93  department shall submit to the Governor, the President of the
   94  Senate, and the Speaker of the House of Representatives an
   95  assessment of the behavioral health services in this state. The
   96  assessment shall consider, at a minimum, the extent to which
   97  designated receiving systems function as no-wrong-door models,
   98  the availability of treatment and recovery services that use
   99  recovery-oriented and peer-involved approaches, the availability
  100  of less-restrictive services, and the use of evidence-informed
  101  practices. The department’s assessment shall consider, at a
  102  minimum, the needs assessments conducted by the managing
  103  entities pursuant to s. 394.9082(5). Beginning in 2017, the
  104  department shall compile and include in the report all plans
  105  submitted by managing entities pursuant to s. 394.9082(8) and
  106  the department’s evaluation of each plan.
  107         (2) The essential elements of a coordinated system of care
  108  include:
  109         (l) Recovery support, including, but not limited to, the
  110  use of peer specialists as described in s. 397.417 to assist in
  111  the individual’s recovery from a substance use disorder or
  112  mental illness, support for competitive employment, educational
  113  attainment, independent living skills development, family
  114  support and education, wellness management and self-care, and
  115  assistance in obtaining housing that meets the individual’s
  116  needs. Such housing may include mental health residential
  117  treatment facilities, limited mental health assisted living
  118  facilities, adult family care homes, and supportive housing.
  119  Housing provided using state funds must provide a safe and
  120  decent environment free from abuse and neglect.
  121         Section 4. Present subsections (30) through (49) of section
  122  397.311, Florida Statutes, are redesignated as subsections (31)
  123  through (50), respectively, and a new subsection (30) is added
  124  to that section, to read:
  125         397.311 Definitions.—As used in this chapter, except part
  126  VIII, the term:
  127         (30) Peer specialist” means a person who has been in
  128  recovery from a substance use disorder or mental illness for the
  129  past 2 years or a family member or caregiver of a person with a
  130  substance use disorder or mental illness and who is certified
  131  under s. 397.417.
  132         Section 5. Paragraphs (b) and (c) of subsection (4) of
  133  section 397.4073, Florida Statutes, are amended to read:
  134         397.4073 Background checks of service provider personnel.—
  136         (b) Since rehabilitated substance abuse impaired persons
  137  are effective in the successful treatment and rehabilitation of
  138  individuals with substance use disorders, for service providers
  139  which treat adolescents 13 years of age and older, service
  140  provider personnel whose background checks indicate crimes under
  141  s. 817.563, s. 893.13, or s. 893.147 may be exempted from
  142  disqualification from employment pursuant to this paragraph.
  143         (c) The department may grant exemptions from
  144  disqualification which would limit service provider personnel to
  145  working with adults in substance use disorder abuse treatment
  146  facilities.
  147         Section 6. Section 397.417, Florida Statutes, is created to
  148  read:
  149         397.417 Behavioral health peer specialists.—
  151         (a) The Legislature finds that:
  152         1. The ability to provide adequate behavioral health
  153  services is limited by a shortage of professionals and
  154  paraprofessionals.
  155         2. The state is experiencing an increase in opioid
  156  addictions, which prove fatal to persons in many cases.
  157         3. Peer specialists provide effective support services
  158  because they share common life experiences with the persons they
  159  assist.
  160         4. Peer specialists promote a sense of community among
  161  those in recovery.
  162         5. Research has shown that peer support facilitates
  163  recovery and reduces health care costs.
  164         6. Peer specialists may have a criminal history that
  165  prevents them from meeting background screening requirements.
  166         (b) The Legislature intends to expand the use of peer
  167  specialists as a cost-effective means of providing services by
  168  ensuring that peer specialists meet specified qualifications,
  169  meet modified background screening requirements, and are
  170  adequately reimbursed for their services.
  171         (2) QUALIFICATIONS.—
  172         (a) A person may seek certification as a peer specialist if
  173  he or she has been in recovery from a substance use disorder or
  174  mental illness for the past 2 years or if he or she is a family
  175  member or caregiver of a person with a substance use disorder or
  176  mental illness.
  177         (b) To obtain certification as a peer specialist, a person
  178  must meet the background screening requirements of subsection
  179  (5), complete the training program, and achieve a passing score
  180  on the competency exam described in paragraph (3)(a).
  181         (3) DUTIES OF THE DEPARTMENT.—
  182         (a) The department must develop a training program for
  183  persons seeking certification as peer specialists. The
  184  department must give preference to trainers who are certified
  185  peer specialists. The training program must coincide with a
  186  competency exam and be based on current practice standards.
  187         (b) The department shall certify peer specialists. The
  188  department may certify peer specialists directly or may
  189  designate a private, nonprofit certification organization to
  190  certify peer specialists, implement the training program, and
  191  administer the competency exam.
  192         (c) The department must require that a person providing
  193  peer specialist services be certified or be supervised by a
  194  licensed behavioral health care professional or a certified peer
  195  specialist.
  196         (4) PAYMENT.—Peer specialist services may be reimbursed as
  197  a recovery service through the department, a behavioral health
  198  managing entity, or the Medicaid program. Medicaid managed care
  199  plans are encouraged to use peer specialists in providing
  200  recovery services.
  201         (5) BACKGROUND SCREENING.—
  202         (a) All peer specialists must have completed or been
  203  lawfully released from confinement, supervision, or any
  204  nonmonetary condition imposed by the court for any felony and
  205  must undergo a background screening as a condition of employment
  206  and continued employment. The background screening must include
  207  fingerprinting for statewide criminal history records checks
  208  through the Department of Law Enforcement and national criminal
  209  history records checks through the Federal Bureau of
  210  Investigation. The background screening may include local
  211  criminal records checks through local law enforcement agencies.
  212         (b) The department or the Agency for Health Care
  213  Administration, as applicable, may require by rule that
  214  fingerprints submitted pursuant to this section be submitted
  215  electronically to the Department of Law Enforcement.
  216         (c) The department or the Agency for Health Care
  217  Administration, as applicable, may contract with one or more
  218  vendors to perform all or part of the electronic fingerprinting
  219  pursuant to this section. Such contracts must ensure that the
  220  owners and personnel of the vendor performing the electronic
  221  fingerprinting are qualified and will ensure the integrity and
  222  security of all personal identifying information.
  223         (d) Vendors who submit fingerprints on behalf of employers
  224  must:
  225         1. Meet the requirements of s. 943.053; and
  226         2. Have the ability to communicate electronically with the
  227  department or the Agency for Health Care Administration, as
  228  applicable, accept screening results from the Department of Law
  229  Enforcement and provide the applicant’s full first name, middle
  230  initial, and last name; social security number or individual
  231  taxpayer identification number; date of birth; mailing address;
  232  sex; and race.
  233         (e) The background screening under this section must ensure
  234  that a peer specialist has not, during the previous 3 years,
  235  been arrested for and is awaiting final disposition of, been
  236  found guilty of, regardless of adjudication, or entered a plea
  237  of nolo contendere or guilty to, or been adjudicated delinquent
  238  and the record has not been sealed or expunged for, any felony.
  239         (f) The background screening under this section must ensure
  240  that a peer specialist has not been found guilty of, regardless
  241  of adjudication, or entered a plea of nolo contendere or guilty
  242  to, or been adjudicated delinquent and the record has not been
  243  sealed or expunged for, any offense prohibited under any of the
  244  following state laws or similar laws of another jurisdiction:
  245         1. Section 393.135, relating to sexual misconduct with
  246  certain developmentally disabled clients and reporting of such
  247  sexual misconduct.
  248         2. Section 394.4593, relating to sexual misconduct with
  249  certain mental health patients and reporting of such sexual
  250  misconduct.
  251         3. Section 409.9201, relating to Medicaid fraud.
  252         4. Section 415.111, relating to adult abuse, neglect, or
  253  exploitation of aged persons or disabled adults.
  254         5.Section 741.28, relating to domestic violence.
  255         6. Section 777.04, relating to attempts, solicitation, and
  256  conspiracy to commit an offense listed in this section.
  257         7. Section 782.04, relating to murder.
  258         8. Section 782.07, relating to manslaughter, aggravated
  259  manslaughter of an elderly person or disabled adult, aggravated
  260  manslaughter of a child, or aggravated manslaughter of an
  261  officer, a firefighter, an emergency medical technician, or a
  262  paramedic.
  263         9. Section 782.071, relating to vehicular homicide.
  264         10. Section 782.09, relating to killing of an unborn child
  265  by injury to the mother.
  266         11. Chapter 784, relating to assault, battery, and culpable
  267  negligence, if the offense was a felony.
  268         12. Section 787.01, relating to kidnapping.
  269         13. Section 787.02, relating to false imprisonment.
  270         14. Section 787.025, relating to luring or enticing a
  271  child.
  272         15. Section 787.04(2), relating to leading, taking,
  273  enticing, or removing a minor beyond the state limits, or
  274  concealing the location of a minor, with criminal intent pending
  275  custody proceedings.
  276         16. Section 787.04(3), relating to leading, taking,
  277  enticing, or removing a minor beyond the state limits, or
  278  concealing the location of a minor, with criminal intent pending
  279  dependency proceedings or proceedings concerning alleged abuse
  280  or neglect of a minor.
  281         17. Section 790.115(1), relating to exhibiting firearms or
  282  weapons within 1,000 feet of a school.
  283         18. Section 790.115(2)(b), relating to possessing an
  284  electric weapon or device, destructive device, or other weapon
  285  on school property.
  286         19. Section 794.011, relating to sexual battery.
  287         20.Former s. 794.041, relating to prohibited acts of
  288  persons in familial or custodial authority.
  289         21. Section 794.05, relating to unlawful sexual activity
  290  with certain minors.
  291         22. Section 794.08, relating to female genital mutilation.
  292         23. Section 798.02, relating to lewd and lascivious
  293  behavior.
  294         24. Chapter 800, relating to lewdness and indecent
  295  exposure.
  296         25. Section 806.01, relating to arson.
  297         26. Section 810.02, relating to burglary, if the offense
  298  was a felony of the first degree.
  299         27. Section 810.14, relating to voyeurism, if the offense
  300  was a felony.
  301         28. Section 810.145, relating to video voyeurism, if the
  302  offense was a felony.
  303         29. Section 812.13, relating to robbery.
  304         30. Section 812.131, relating to robbery by sudden
  305  snatching.
  306         31. Section 812.133, relating to carjacking.
  307         32. Section 812.135, relating to home-invasion robbery.
  308         33.Section 817.50, relating to fraudulently obtaining
  309  goods or services from a health care provider and false reports
  310  of a communicable disease.
  311         34. Section 817.505, relating to patient brokering.
  312         35. Section 825.102, relating to abuse, aggravated abuse,
  313  or neglect of an elderly person or disabled adult.
  314         36. Section 825.1025, relating to lewd or lascivious
  315  offenses committed upon or in the presence of an elderly person
  316  or disabled person.
  317         37. Section 825.103, relating to exploitation of an elderly
  318  person or disabled adult, if the offense was a felony.
  319         38. Section 826.04, relating to incest.
  320         39. Section 827.03, relating to child abuse, aggravated
  321  child abuse, or neglect of a child.
  322         40. Section 827.04, relating to contributing to the
  323  delinquency or dependency of a child.
  324         41. Former s. 827.05, relating to negligent treatment of
  325  children.
  326         42. Section 827.071, relating to sexual performance by a
  327  child.
  328         43.Section 831.30, relating to fraud in obtaining
  329  medicinal drugs.
  330         44. Section 831.31, relating to sale, manufacture,
  331  delivery, possession with intent to sell, manufacture, or
  332  deliver any counterfeit controlled substance if the offense was
  333  a felony.
  334         45. Section 843.01, relating to resisting arrest with
  335  violence.
  336         46. Section 843.025, relating to depriving a law
  337  enforcement, correctional, or correctional probation officer
  338  means of protection or communication.
  339         47. Section 843.12, relating to aiding in an escape.
  340         48. Section 843.13, relating to aiding in the escape of
  341  juvenile inmates of correctional institutions.
  342         49. Chapter 847, relating to obscene literature.
  343         50. Section 874.05, relating to encouraging or recruiting
  344  another to join a criminal gang.
  345         51. Chapter 893, relating to drug abuse prevention and
  346  control, if the offense was a felony of the second degree or
  347  greater severity.
  348         52.Section 895.03, relating to racketeering and collection
  349  of unlawful debts.
  350         53. Section 896.101, relating to the Florida Money
  351  Laundering Act.
  352         54. Section 916.1075, relating to sexual misconduct with
  353  certain forensic clients and reporting of such sexual
  354  misconduct.
  355         55. Section 944.35(3), relating to inflicting cruel or
  356  inhuman treatment on an inmate resulting in great bodily harm.
  357         56. Section 944.40, relating to escape.
  358         57. Section 944.46, relating to harboring, concealing, or
  359  aiding an escaped prisoner.
  360         58. Section 944.47, relating to introduction of contraband
  361  into a correctional facility.
  362         59. Section 985.701, relating to sexual misconduct in
  363  juvenile justice programs.
  364         60. Section 985.711, relating to contraband introduced into
  365  detention facilities.
  366         (6) EXEMPTION REQUESTS.—Persons who wish to become a peer
  367  specialist and are disqualified under subsection (5) may request
  368  an exemption from disqualification pursuant to s. 435.07 from
  369  the department or the Agency for Health Care Administration, as
  370  applicable.
  371         (7) GRANDFATHER CLAUSE.—All peer specialists certified as
  372  of the effective date of this act are recognized as having met
  373  the requirements of this act.
  374         Section 7. Paragraph (e) of subsection (5) of section
  375  212.055, Florida Statutes, is amended to read:
  376         212.055 Discretionary sales surtaxes; legislative intent;
  377  authorization and use of proceeds.—It is the legislative intent
  378  that any authorization for imposition of a discretionary sales
  379  surtax shall be published in the Florida Statutes as a
  380  subsection of this section, irrespective of the duration of the
  381  levy. Each enactment shall specify the types of counties
  382  authorized to levy; the rate or rates which may be imposed; the
  383  maximum length of time the surtax may be imposed, if any; the
  384  procedure which must be followed to secure voter approval, if
  385  required; the purpose for which the proceeds may be expended;
  386  and such other requirements as the Legislature may provide.
  387  Taxable transactions and administrative procedures shall be as
  388  provided in s. 212.054.
  389         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  390  s. 125.011(1) may levy the surtax authorized in this subsection
  391  pursuant to an ordinance either approved by extraordinary vote
  392  of the county commission or conditioned to take effect only upon
  393  approval by a majority vote of the electors of the county voting
  394  in a referendum. In a county as defined in s. 125.011(1), for
  395  the purposes of this subsection, “county public general
  396  hospital” means a general hospital as defined in s. 395.002
  397  which is owned, operated, maintained, or governed by the county
  398  or its agency, authority, or public health trust.
  399         (e) A governing board, agency, or authority shall be
  400  chartered by the county commission upon this act becoming law.
  401  The governing board, agency, or authority shall adopt and
  402  implement a health care plan for indigent health care services.
  403  The governing board, agency, or authority shall consist of no
  404  more than seven and no fewer than five members appointed by the
  405  county commission. The members of the governing board, agency,
  406  or authority shall be at least 18 years of age and residents of
  407  the county. A No member may not be employed by or affiliated
  408  with a health care provider or the public health trust, agency,
  409  or authority responsible for the county public general hospital.
  410  The following community organizations shall each appoint a
  411  representative to a nominating committee: the South Florida
  412  Hospital and Healthcare Association, the Miami-Dade County
  413  Public Health Trust, the Dade County Medical Association, the
  414  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  415  County. This committee shall nominate between 10 and 14 county
  416  citizens for the governing board, agency, or authority. The
  417  slate shall be presented to the county commission and the county
  418  commission shall confirm the top five to seven nominees,
  419  depending on the size of the governing board. Until such time as
  420  the governing board, agency, or authority is created, the funds
  421  provided for in subparagraph (d)2. shall be placed in a
  422  restricted account set aside from other county funds and not
  423  disbursed by the county for any other purpose.
  424         1. The plan shall divide the county into a minimum of four
  425  and maximum of six service areas, with no more than one
  426  participant hospital per service area. The county public general
  427  hospital shall be designated as the provider for one of the
  428  service areas. Services shall be provided through participants’
  429  primary acute care facilities.
  430         2. The plan and subsequent amendments to it shall fund a
  431  defined range of health care services for both indigent persons
  432  and the medically poor, including primary care, preventive care,
  433  hospital emergency room care, and hospital care necessary to
  434  stabilize the patient. For the purposes of this section,
  435  “stabilization” means stabilization as defined in s. 397.311 s.
  436  397.311(45). Where consistent with these objectives, the plan
  437  may include services rendered by physicians, clinics, community
  438  hospitals, and alternative delivery sites, as well as at least
  439  one regional referral hospital per service area. The plan shall
  440  provide that agreements negotiated between the governing board,
  441  agency, or authority and providers shall recognize hospitals
  442  that render a disproportionate share of indigent care, provide
  443  other incentives to promote the delivery of charity care to draw
  444  down federal funds where appropriate, and require cost
  445  containment, including, but not limited to, case management.
  446  From the funds specified in subparagraphs (d)1. and 2. for
  447  indigent health care services, service providers shall receive
  448  reimbursement at a Medicaid rate to be determined by the
  449  governing board, agency, or authority created pursuant to this
  450  paragraph for the initial emergency room visit, and a per-member
  451  per-month fee or capitation for those members enrolled in their
  452  service area, as compensation for the services rendered
  453  following the initial emergency visit. Except for provisions of
  454  emergency services, upon determination of eligibility,
  455  enrollment shall be deemed to have occurred at the time services
  456  were rendered. The provisions for specific reimbursement of
  457  emergency services shall be repealed on July 1, 2001, unless
  458  otherwise reenacted by the Legislature. The capitation amount or
  459  rate shall be determined before program implementation by an
  460  independent actuarial consultant. In no event shall such
  461  reimbursement rates exceed the Medicaid rate. The plan must also
  462  provide that any hospitals owned and operated by government
  463  entities on or after the effective date of this act must, as a
  464  condition of receiving funds under this subsection, afford
  465  public access equal to that provided under s. 286.011 as to any
  466  meeting of the governing board, agency, or authority the subject
  467  of which is budgeting resources for the retention of charity
  468  care, as that term is defined in the rules of the Agency for
  469  Health Care Administration. The plan shall also include
  470  innovative health care programs that provide cost-effective
  471  alternatives to traditional methods of service and delivery
  472  funding.
  473         3. The plan’s benefits shall be made available to all
  474  county residents currently eligible to receive health care
  475  services as indigents or medically poor as defined in paragraph
  476  (4)(d).
  477         4. Eligible residents who participate in the health care
  478  plan shall receive coverage for a period of 12 months or the
  479  period extending from the time of enrollment to the end of the
  480  current fiscal year, per enrollment period, whichever is less.
  481         5. At the end of each fiscal year, the governing board,
  482  agency, or authority shall prepare an audit that reviews the
  483  budget of the plan, delivery of services, and quality of
  484  services, and makes recommendations to increase the plan’s
  485  efficiency. The audit shall take into account participant
  486  hospital satisfaction with the plan and assess the amount of
  487  poststabilization patient transfers requested, and accepted or
  488  denied, by the county public general hospital.
  489         Section 8. Subsection (3) of section 394.495, Florida
  490  Statutes, is amended to read:
  491         394.495 Child and adolescent mental health system of care;
  492  programs and services.—
  493         (3) Assessments must be performed by:
  494         (a) A professional as defined in s. 394.455(5), (7), (33)
  495  (32), (36) (35), or (37) (36);
  496         (b) A professional licensed under chapter 491; or
  497         (c) A person who is under the direct supervision of a
  498  qualified professional as defined in s. 394.455(5), (7), (33)
  499  (32), (36) (35), or (37) (36) or a professional licensed under
  500  chapter 491.
  501         Section 9. Subsection (5) of section 394.496, Florida
  502  Statutes, is amended to read:
  503         394.496 Service planning.—
  504         (5) A professional as defined in s. 394.455(5), (7), (33)
  505  (32), (36) (35), or (37) (36) or a professional licensed under
  506  chapter 491 must be included among those persons developing the
  507  services plan.
  508         Section 10. Subsection (6) of section 394.9085, Florida
  509  Statutes, is amended to read:
  510         394.9085 Behavioral provider liability.—
  511         (6) For purposes of this section, the term terms
  512  “detoxification services,has the same meaning as
  513  detoxification in s. 397.311(26)(a), “addictions receiving
  514  facility,has the same meaning as provided in s.
  515  397.311(26)(a), and “receiving facility” has have the same
  516  meaning meanings as those provided in s. 394.455 ss.
  517  397.311(26)(a)4., 397.311(26)(a)1., and 394.455(39),
  518  respectively.
  519         Section 11. Section 397.416, Florida Statutes, is amended
  520  to read:
  521         397.416 Substance use disorder abuse treatment services;
  522  qualified professional.—Notwithstanding any other provision of
  523  law, a person who was certified through a certification process
  524  recognized by the former Department of Health and Rehabilitative
  525  Services before January 1, 1995, may perform the duties of a
  526  qualified professional with respect to substance use abuse
  527  treatment services as defined in this chapter, and need not meet
  528  the certification requirements contained in s. 397.311(35) s.
  529  397.311(34).
  530         Section 12. Paragraph (b) of subsection (1) of section
  531  409.972, Florida Statutes, is amended to read:
  532         409.972 Mandatory and voluntary enrollment.—
  533         (1) The following Medicaid-eligible persons are exempt from
  534  mandatory managed care enrollment required by s. 409.965, and
  535  may voluntarily choose to participate in the managed medical
  536  assistance program:
  537         (b) Medicaid recipients residing in residential commitment
  538  facilities operated through the Department of Juvenile Justice
  539  or in a treatment facility as defined in s. 394.455 s.
  540  394.455(47).
  541         Section 13. Paragraphs (d) and (g) of subsection (1) of
  542  section 440.102, Florida Statutes, are amended to read:
  543         440.102 Drug-free workplace program requirements.—The
  544  following provisions apply to a drug-free workplace program
  545  implemented pursuant to law or to rules adopted by the Agency
  546  for Health Care Administration:
  547         (1) DEFINITIONS.—Except where the context otherwise
  548  requires, as used in this act:
  549         (d) “Drug rehabilitation program” means a service provider
  550  as defined in s. 397.311 which, established pursuant to s.
  551  397.311(43), that provides confidential, timely, and expert
  552  identification, assessment, and resolution of employee drug
  553  abuse.
  554         (g) “Employee assistance program” means an established
  555  program capable of providing expert assessment of employee
  556  personal concerns; confidential and timely identification
  557  services with regard to employee drug abuse; referrals of
  558  employees for appropriate diagnosis, treatment, and assistance;
  559  and followup services for employees who participate in the
  560  program or require monitoring after returning to work. If, in
  561  addition to the above activities, an employee assistance program
  562  provides diagnostic and treatment services, these services shall
  563  in all cases be provided by service providers as defined in s.
  564  397.311 pursuant to s. 397.311(43).
  565         Section 14. Subsection (7) of section 744.2007, Florida
  566  Statutes, is amended to read:
  567         744.2007 Powers and duties.—
  568         (7) A public guardian may not commit a ward to a treatment
  569  facility, as defined in s. 394.455 s. 394.455(47), without an
  570  involuntary placement proceeding as provided by law.
  571         Section 15. This act shall take effect July 1, 2018.