ENROLLED
       2022 Legislature                    CS for SB 282, 1st Engrossed
       
       
       
       
       
       
                                                              2022282er
    1  
    2         An act relating to mental health and substance use
    3         disorders; amending s. 394.4573, F.S.; providing that
    4         the use of peer specialists is an essential element of
    5         a coordinated system of care in recovery from a
    6         substance use disorder or mental illness; making a
    7         technical change; amending s. 397.4073, F.S.; revising
    8         background screening requirements for certain peer
    9         specialists; revising authorizations relating to work
   10         by applicants who have committed disqualifying
   11         offenses; making a technical change; amending s.
   12         397.417, F.S.; providing legislative findings and
   13         intent; revising requirements for certification as a
   14         peer specialist; providing qualifications for becoming
   15         a peer specialist; requiring the Department of
   16         Children and Families to designate managing entities
   17         to conduct or contract for training for peer
   18         specialists; requiring that the training be approved
   19         by a third-party credentialing entity; requiring
   20         managing entities to give preference to trainers who
   21         are certified peer specialists; requiring the
   22         department to approve one or more third-party
   23         credentialing entities for certain purposes; requiring
   24         third-party credentialing entities to meet certain
   25         requirements for approval; prohibiting third-party
   26         credentialing entities from conducting background
   27         screenings for peer specialists; requiring that a
   28         person providing recovery support services be
   29         certified or be supervised by a licensed behavioral
   30         health care professional or a certain certified peer
   31         specialist; requiring peer specialists and certain
   32         persons to meet the requirements of a background
   33         screening as a condition of employment and continued
   34         employment; requiring certain entities to forward
   35         fingerprints to specified entities; requiring the
   36         department to screen results to determine if the peer
   37         specialist meets the certification requirements;
   38         requiring that fees for state and federal fingerprint
   39         processing be borne by the peer specialist applying
   40         for employment; requiring that any arrest record
   41         identified through background screening be reported to
   42         the department; authorizing the department or the
   43         Agency for Health Care Administration to contract with
   44         certain vendors for fingerprinting; specifying
   45         requirements for vendors; specifying disqualifying
   46         offenses for a peer specialist who applies for
   47         certification; authorizing a person who does not meet
   48         background screening requirements to request an
   49         exemption from disqualification from the department or
   50         the agency; providing that a peer specialist certified
   51         as of the effective date of the act is deemed to
   52         satisfy the requirements of the act; providing an
   53         effective date.
   54          
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. Paragraph (l) of subsection (2) and subsection
   58  (3) of section 394.4573, Florida Statutes, are amended to read:
   59         394.4573 Coordinated system of care; annual assessment;
   60  essential elements; measures of performance; system improvement
   61  grants; reports.—On or before December 1 of each year, the
   62  department shall submit to the Governor, the President of the
   63  Senate, and the Speaker of the House of Representatives an
   64  assessment of the behavioral health services in this state. The
   65  assessment shall consider, at a minimum, the extent to which
   66  designated receiving systems function as no-wrong-door models,
   67  the availability of treatment and recovery services that use
   68  recovery-oriented and peer-involved approaches, the availability
   69  of less-restrictive services, and the use of evidence-informed
   70  practices. The assessment shall also consider the availability
   71  of and access to coordinated specialty care programs and
   72  identify any gaps in the availability of and access to such
   73  programs in the state. The department’s assessment shall
   74  consider, at a minimum, the needs assessments conducted by the
   75  managing entities pursuant to s. 394.9082(5). Beginning in 2017,
   76  the department shall compile and include in the report all plans
   77  submitted by managing entities pursuant to s. 394.9082(8) and
   78  the department’s evaluation of each plan.
   79         (2) The essential elements of a coordinated system of care
   80  include:
   81         (l) Recovery support, including, but not limited to, the
   82  use of peer specialists to assist in the individual’s recovery
   83  from a substance use disorder or mental illness; support for
   84  competitive employment, educational attainment, independent
   85  living skills development, family support and education,
   86  wellness management, and self-care;, and assistance in obtaining
   87  housing that meets the individual’s needs. Such housing may
   88  include mental health residential treatment facilities, limited
   89  mental health assisted living facilities, adult family care
   90  homes, and supportive housing. Housing provided using state
   91  funds must provide a safe and decent environment free from abuse
   92  and neglect.
   93         (3) SYSTEM IMPROVEMENT GRANTS.—Subject to a specific
   94  appropriation by the Legislature, the department may award
   95  system improvement grants to managing entities based on a
   96  detailed plan to enhance services in accordance with the no
   97  wrong-door model as defined in subsection (1) and to address
   98  specific needs identified in the assessment prepared by the
   99  department pursuant to this section. Such a grant must be
  100  awarded through a performance-based contract that links payments
  101  to the documented and measurable achievement of system
  102  improvements.
  103         Section 2. Paragraphs (a) and (g) of subsection (1) of
  104  section 397.4073, Florida Statutes, are amended to read:
  105         397.4073 Background checks of service provider personnel.—
  106         (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
  107  EXCEPTIONS.—
  108         (a) For all individuals screened on or after July 1, 2022
  109  2019, background checks shall apply as follows:
  110         1. All owners, directors, chief financial officers, and
  111  clinical supervisors of service providers are subject to level 2
  112  background screening as provided under s. 408.809 and chapter
  113  435. Inmate substance abuse programs operated directly or under
  114  contract with the Department of Corrections are exempt from this
  115  requirement.
  116         2. All service provider personnel who have direct contact
  117  with children receiving services or with adults who are
  118  developmentally disabled receiving services are subject to level
  119  2 background screening as provided under s. 408.809 and chapter
  120  435.
  121         3. All peer specialists who have direct contact with
  122  individuals receiving services are subject to a background
  123  screening as provided in s. 397.417(4) level 2 background
  124  screening as provided under s. 408.809 and chapter 435.
  125         (g) If 5 years or more, or 3 years or more in the case of a
  126  certified peer specialist or an individual seeking certification
  127  as a peer specialist pursuant to s. 397.417, have elapsed since
  128  an applicant for an exemption from disqualification has
  129  completed or has been lawfully released from confinement,
  130  supervision, or a nonmonetary condition imposed by a court for
  131  the applicant’s most recent disqualifying offense, the applicant
  132  may work with adults with substance use disorders, mental health
  133  disorders, or co-occurring disorders under the supervision of
  134  persons who meet all personnel requirements of this chapter for
  135  up to 180 90 days after being notified of his or her
  136  disqualification or until the department makes a final
  137  determination regarding his or her request for an exemption from
  138  disqualification, whichever is earlier.
  139         Section 3. Section 397.417, Florida Statutes, is amended to
  140  read:
  141         397.417 Peer specialists.—
  142         (1) LEGISLATIVE FINDINGS AND INTENT.—
  143         (a) The Legislature finds that:
  144         1. The ability to provide adequate behavioral health
  145  services is limited by a shortage of professionals and
  146  paraprofessionals.
  147         2. The state is experiencing an increase in opioid
  148  addictions, many of which prove fatal.
  149         3. Peer specialists provide effective support services
  150  because they share common life experiences with the persons they
  151  assist.
  152         4. Peer specialists promote a sense of community among
  153  those in recovery.
  154         5. Research has shown that peer support facilitates
  155  recovery and reduces health care costs.
  156         6. Persons who are otherwise qualified to serve as peer
  157  specialists may have a criminal history that prevents them from
  158  meeting background screening requirements.
  159         (b) The Legislature intends to expand the use of peer
  160  specialists as a cost-effective means of providing services. The
  161  Legislature also intends to ensure that peer specialists meet
  162  specified qualifications and modified background screening
  163  requirements and are adequately reimbursed for their services.
  164         (2)QUALIFICATIONS.—A person may seek certification as a
  165  peer specialist if he or she has been in recovery from a
  166  substance use disorder or mental illness for the past 2 years or
  167  if he or she is a family member or caregiver of a person with a
  168  substance use disorder or mental illness.
  169         (3) DUTIES OF THE DEPARTMENT.—
  170         (a) The department shall designate managing entities to
  171  either conduct peer specialist training or contract with a
  172  provider for peer specialist training. The training must be
  173  approved by a third-party credentialing entity approved by the
  174  department pursuant to paragraph (b). The managing entities must
  175  give preference to trainers who are certified peer specialists.
  176         (b) The department shall approve one or more third-party
  177  credentialing entities for the purposes of certifying peer
  178  specialists, approving training programs for individuals seeking
  179  certification as peer specialists, approving continuing
  180  education programs, and establishing the minimum requirements
  181  and standards that applicants must achieve to maintain
  182  certification. To obtain approval, the third-party credentialing
  183  entity must demonstrate compliance with nationally recognized
  184  standards for developing and administering professional
  185  certification programs to certify peer specialists.
  186         (c) The department must ensure that background screening
  187  required for achieving certification is conducted as provided in
  188  subsection (4). Such background screening may not be conducted
  189  by third-party credentialing entities.
  190         (d) The department shall require that a peer specialist
  191  providing recovery support services be certified; however, an
  192  individual who is not certified may provide recovery support
  193  services as a peer specialist for up to 1 year if he or she is
  194  working toward certification and is supervised by a qualified
  195  professional or by a certified peer specialist who has at least
  196  2 years of full-time experience as a peer specialist at a
  197  licensed behavioral health organization.
  198         (4) BACKGROUND SCREENING.—
  199         (a) A peer specialist, or an individual who is working
  200  toward certification and providing recovery support services as
  201  provided in subsection (3), must have completed or have been
  202  lawfully released from confinement, supervision, or any
  203  nonmonetary condition imposed by the court for any felony and
  204  must undergo a background screening as a condition of initial
  205  and continued employment. The applicant must submit a full set
  206  of fingerprints to the department or to a vendor, an entity, or
  207  an agency that enters into an agreement with the Department of
  208  Law Enforcement as provided in s. 943.053(13). The department,
  209  vendor, entity, or agency shall forward the fingerprints to the
  210  Department of Law Enforcement for state processing and the
  211  Department of Law Enforcement shall forward the fingerprints to
  212  the Federal Bureau of Investigation for national processing. The
  213  department shall screen the results to determine if a peer
  214  specialist meets certification requirements. The applicant is
  215  responsible for all fees charged in connection with state and
  216  federal fingerprint processing and retention. The state cost for
  217  fingerprint processing shall be as provided in s. 943.053(3)(e)
  218  for records provided to persons or entities other than those
  219  specified as exceptions therein. Fingerprints submitted to the
  220  Department of Law Enforcement pursuant to this paragraph shall
  221  be retained as provided in s. 435.12 and, when the Department of
  222  Law Enforcement begins participation in the program, enrolled in
  223  the Federal Bureau of Investigation’s national retained
  224  fingerprint arrest notification program, as provided in s.
  225  943.05(4). Any arrest record identified must be reported to the
  226  department.
  227         (b) The department or the Agency for Health Care
  228  Administration, as applicable, may contract with one or more
  229  vendors to perform all or part of the electronic fingerprinting
  230  pursuant to this section. Such contracts must ensure that the
  231  owners and personnel of the vendor performing the electronic
  232  fingerprinting are qualified and will ensure the integrity and
  233  security of all personal identifying information.
  234         (c) Vendors who submit fingerprints on behalf of employers
  235  must:
  236         1. Meet the requirements of s. 943.053; and
  237         2.Have the ability to communicate electronically with the
  238  state agency accepting screening results from the Department of
  239  Law Enforcement and provide the applicant’s full first name,
  240  middle initial, and last name; social security number or
  241  individual taxpayer identification number; date of birth;
  242  mailing address; sex; and race.
  243         (d) The background screening conducted under this
  244  subsection must ensure that a peer specialist has not, during
  245  the previous 3 years, been arrested for and is awaiting final
  246  disposition of, been found guilty of, regardless of
  247  adjudication, or entered a plea of nolo contendere or guilty to,
  248  or been adjudicated delinquent and the record has not been
  249  sealed or expunged for, any felony.
  250         (e) The background screening conducted under this
  251  subsection must ensure that a peer specialist has not been
  252  arrested for and is awaiting final disposition of, found guilty
  253  of, regardless of adjudication, or entered a plea of nolo
  254  contendere or guilty to, or been adjudicated delinquent and the
  255  record has not been sealed or expunged for, any offense
  256  prohibited under any of the following state laws or similar laws
  257  of another jurisdiction:
  258         1. Section 393.135, relating to sexual misconduct with
  259  certain developmentally disabled clients and reporting of such
  260  sexual misconduct.
  261         2. Section 394.4593, relating to sexual misconduct with
  262  certain mental health patients and reporting of such sexual
  263  misconduct.
  264         3. Section 409.920, relating to Medicaid provider fraud, if
  265  the offense was a felony of the first or second degree.
  266         4. Section 415.111, relating to abuse, neglect, or
  267  exploitation of vulnerable adults.
  268         5.Any offense that constitutes domestic violence as
  269  defined in s. 741.28.
  270         6. Section 777.04, relating to attempts, solicitation, and
  271  conspiracy to commit an offense listed in this paragraph.
  272         7. Section 782.04, relating to murder.
  273         8. Section 782.07, relating to manslaughter, aggravated
  274  manslaughter of an elderly person or a disabled adult,
  275  aggravated manslaughter of a child, or aggravated manslaughter
  276  of an officer, a firefighter, an emergency medical technician,
  277  or a paramedic.
  278         9. Section 782.071, relating to vehicular homicide.
  279         10. Section 782.09, relating to killing an unborn child by
  280  injury to the mother.
  281         11. Chapter 784, relating to assault, battery, and culpable
  282  negligence, if the offense was a felony.
  283         12. Section 787.01, relating to kidnapping.
  284         13. Section 787.02, relating to false imprisonment.
  285         14. Section 787.025, relating to luring or enticing a
  286  child.
  287         15. Section 787.04(2), relating to leading, taking,
  288  enticing, or removing a minor beyond state limits, or concealing
  289  the location of a minor, with criminal intent pending custody
  290  proceedings.
  291         16. Section 787.04(3), relating to leading, taking,
  292  enticing, or removing a minor beyond state limits, or concealing
  293  the location of a minor, with criminal intent pending dependency
  294  proceedings or proceedings concerning alleged abuse or neglect
  295  of a minor.
  296         17. Section 790.115(1), relating to exhibiting firearms or
  297  weapons within 1,000 feet of a school.
  298         18. Section 790.115(2)(b), relating to possessing an
  299  electric weapon or device, a destructive device, or any other
  300  weapon on school property.
  301         19. Section 794.011, relating to sexual battery.
  302         20. Former s. 794.041, relating to prohibited acts of
  303  persons in familial or custodial authority.
  304         21. Section 794.05, relating to unlawful sexual activity
  305  with certain minors.
  306         22. Section 794.08, relating to female genital mutilation.
  307         23.Section 796.07, relating to procuring another to commit
  308  prostitution, except for those offenses expunged pursuant to s.
  309  943.0583.
  310         24. Section 798.02, relating to lewd and lascivious
  311  behavior.
  312         25. Chapter 800, relating to lewdness and indecent
  313  exposure.
  314         26. Section 806.01, relating to arson.
  315         27. Section 810.02, relating to burglary, if the offense
  316  was a felony of the first degree.
  317         28. Section 810.14, relating to voyeurism, if the offense
  318  was a felony.
  319         29. Section 810.145, relating to video voyeurism, if the
  320  offense was a felony.
  321         30. Section 812.13, relating to robbery.
  322         31. Section 812.131, relating to robbery by sudden
  323  snatching.
  324         32. Section 812.133, relating to carjacking.
  325         33. Section 812.135, relating to home-invasion robbery.
  326         34. Section 817.034, relating to communications fraud, if
  327  the offense was a felony of the first degree.
  328         35. Section 817.234, relating to false and fraudulent
  329  insurance claims, if the offense was a felony of the first or
  330  second degree.
  331         36. Section 817.50, relating to fraudulently obtaining
  332  goods or services from a health care provider and false reports
  333  of a communicable disease.
  334         37. Section 817.505, relating to patient brokering.
  335         38. Section 817.568, relating to fraudulent use of personal
  336  identification, if the offense was a felony of the first or
  337  second degree.
  338         39. Section 825.102, relating to abuse, aggravated abuse,
  339  or neglect of an elderly person or a disabled adult.
  340         40. Section 825.1025, relating to lewd or lascivious
  341  offenses committed upon or in the presence of an elderly person
  342  or a disabled person.
  343         41. Section 825.103, relating to exploitation of an elderly
  344  person or a disabled adult, if the offense was a felony.
  345         42. Section 826.04, relating to incest.
  346         43. Section 827.03, relating to child abuse, aggravated
  347  child abuse, or neglect of a child.
  348         44. Section 827.04, relating to contributing to the
  349  delinquency or dependency of a child.
  350         45. Former s. 827.05, relating to negligent treatment of
  351  children.
  352         46. Section 827.071, relating to sexual performance by a
  353  child.
  354         47. Section 831.30, relating to fraud in obtaining
  355  medicinal drugs.
  356         48. Section 831.31, relating to the sale, manufacture,
  357  delivery, or possession with intent to sell, manufacture, or
  358  deliver of any counterfeit controlled substance, if the offense
  359  was a felony.
  360         49. Section 843.01, relating to resisting arrest with
  361  violence.
  362         50. Section 843.025, relating to depriving a law
  363  enforcement, correctional, or correctional probation officer of
  364  the means of protection or communication.
  365         51. Section 843.12, relating to aiding in an escape.
  366         52. Section 843.13, relating to aiding in the escape of
  367  juvenile inmates of correctional institutions.
  368         53. Chapter 847, relating to obscenity.
  369         54. Section 874.05, relating to encouraging or recruiting
  370  another to join a criminal gang.
  371         55. Chapter 893, relating to drug abuse prevention and
  372  control, if the offense was a felony of the second degree or
  373  greater severity.
  374         56. Section 895.03, relating to racketeering and collection
  375  of unlawful debts.
  376         57. Section 896.101, relating to the Florida Money
  377  Laundering Act.
  378         58. Section 916.1075, relating to sexual misconduct with
  379  certain forensic clients and reporting of such sexual
  380  misconduct.
  381         59. Section 944.35(3), relating to inflicting cruel or
  382  inhuman treatment on an inmate resulting in great bodily harm.
  383         60. Section 944.40, relating to escape.
  384         61. Section 944.46, relating to harboring, concealing, or
  385  aiding an escaped prisoner.
  386         62. Section 944.47, relating to introduction of contraband
  387  into a correctional institution.
  388         63. Section 985.701, relating to sexual misconduct in
  389  juvenile justice programs.
  390         64. Section 985.711, relating to introduction of contraband
  391  into a detention facility.
  392         (5) EXEMPTION REQUESTS.—A person who wishes to become a
  393  peer specialist and is disqualified under subsection (4) may
  394  request an exemption from disqualification pursuant to s. 435.07
  395  from the department or the Agency for Health Care
  396  Administration, as applicable.
  397         (6) GRANDFATHER CLAUSE.—A peer specialist certified as of
  398  July 1, 2022, is deemed to satisfy the requirements of this
  399  section; however, such peer specialists must comply with the
  400  minimum standards and requirements needed to maintain
  401  certification established pursuant to subsection (3).
  402         (1) An individual may seek certification as a peer
  403  specialist if he or she has been in recovery from a substance
  404  use disorder or mental illness for at least 2 years, or if he or
  405  she has at least 2 years of experience as a family member or
  406  caregiver of a person with a substance use disorder or mental
  407  illness.
  408         (2) The department shall approve one or more third-party
  409  credentialing entities for the purposes of certifying peer
  410  specialists, approving training programs for individuals seeking
  411  certification as peer specialists, approving continuing
  412  education programs, and establishing the minimum requirements
  413  and standards that applicants must achieve to maintain
  414  certification. To obtain approval, the third-party credentialing
  415  entity must demonstrate compliance with nationally recognized
  416  standards for developing and administering professional
  417  certification programs to certify peer specialists.
  418         (3) An individual providing department-funded recovery
  419  support services as a peer specialist shall be certified
  420  pursuant to subsection (2). An individual who is not certified
  421  may provide recovery support services as a peer specialist for
  422  up to 1 year if he or she is working toward certification and is
  423  supervised by a qualified professional or by a certified peer
  424  specialist who has at least 3 years of full-time experience as a
  425  peer specialist at a licensed behavioral health organization.
  426         Section 4. This act shall take effect July 1, 2022.