ENROLLED
       2009 Legislature                           CS for CS for SB 2612
       
       
       
       
       
       
                                                             20092612er
    1  
    2         An act relating to substance abuse and mental health
    3         services; amending s. 212.055, F.S.; conforming a
    4         cross-reference; amending s. 394.67, F.S.; redefining
    5         the term “residential treatment center for children
    6         and adolescents”; amending s. 394.674, F.S.;
    7         establishing priority populations of persons who are
    8         eligible for services funded by the Department of
    9         Children and Family Services; amending s. 394.908,
   10         F.S.; conforming terminology to changes made by the
   11         act; amending s. 394.9085, F.S.; conforming a cross
   12         reference; amending s. 397.301, F.S.; deleting an
   13         obsolete provision; amending s. 397.305, F.S.;
   14         revising the legislative intent, purpose, and
   15         findings; amending s. 397.311, F.S.; revising
   16         definitions; amending s. 397.321, F.S.; revising the
   17         duties of the Department of Children and Family
   18         Services; deleting a provision that authorizes the
   19         department to establish a pilot project to serve
   20         certain persons who qualify to receive substance abuse
   21         or mental health services in a specified district;
   22         amending s. 397.331, F.S.; revising the term
   23         “substance abuse programs and services” or “drug
   24         control”; amending s. 397.401, F.S.; providing that it
   25         is unlawful for an unlicensed agency to act as a
   26         substance abuse service provider; amending s. 397.403,
   27         F.S.; revising requirements for a license application;
   28         amending s. 397.405, F.S.; providing that physician
   29         assistants are exempt from licensing requirements
   30         under ch. 397, F.S.; providing that a crisis
   31         stabilization unit is exempt from licensure;
   32         conforming a cross-reference; authorizing the
   33         department to adopt certain rules; providing that ch.
   34         397, F.S., does not limit the practice of a physician
   35         assistant or an advanced registered nurse practitioner
   36         who provides substance abuse treatment under certain
   37         circumstances; amending s. 397.406, F.S.; providing
   38         that substance abuse programs operated directly or
   39         under contract by the Department of Juvenile Justice
   40         are subject to licensure and regulation; amending s.
   41         397.407, F.S.; conforming a cross-reference; revising
   42         the licensure process; authorizing the Department of
   43         Children and Family Services to issue probationary,
   44         regular, and interim licenses; providing requirements
   45         for probationary, regular, and interim licenses;
   46         repealing s. 397.409, F.S., relating to probationary,
   47         regular, and interim licenses; amending s. 397.411,
   48         F.S.; requiring the department to notify certain
   49         applicable agencies of any licensure inspections of
   50         service providers; amending s. 397.415, F.S.;
   51         requiring that fines collected as administrative
   52         penalties be deposited in the Operations and
   53         Maintenance Trust Fund of the department rather than
   54         the Substance Abuse Impairment Provider Licensing
   55         Trust Fund; revising requirements for suspending or
   56         revoking a license; amending s. 397.416, F.S.;
   57         conforming a cross-reference; amending s. 397.419,
   58         F.S.; renaming quality assurance programs to “quality
   59         improvement programs”; conforming provisions to
   60         changes made by the act; providing that certain
   61         records are not admissible in any civil or
   62         administrative action except in disciplinary
   63         proceedings by the Department of Health, and not the
   64         Department of Business and Professional Regulation;
   65         revising minimum guidelines for a service provider’s
   66         quality improvement program; providing additional
   67         requirements for a quality improvement program;
   68         deleting a provision that requires a quality assurance
   69         program to incorporate a peer review process; amending
   70         s. 397.427, F.S.; specifying that medication treatment
   71         service providers are providers of medication-assisted
   72         treatment services for opiate addiction; conforming
   73         provisions to changes made by the act; requiring the
   74         department to determine the need for establishing
   75         medication-assisted treatment services for other
   76         substance-use disorders; requiring service providers
   77         that provide medication-assisted treatment for other
   78         substance-use disorders to provide counseling
   79         services; requiring the department to adopt rules to
   80         administer medication-assisted treatment services;
   81         authorizing a physician assistant, registered nurse,
   82         an advanced registered nurse practitioner, and a
   83         licensed practical nurse to deliver medication, other
   84         than methadone, for the purpose of medication-assisted
   85         treatment for opiate addiction under certain
   86         conditions; authorizing a physician assistant to
   87         deliver takeout medication for opiate treatment to
   88         certain persons; requiring a licensed service provider
   89         that provides medication-assisted treatment to adopt
   90         written protocols; providing requirements for the
   91         protocols; requiring a licensed service provider that
   92         provides medication-assisted treatment to maintain and
   93         have ready for inspection medical records and
   94         protocols; amending s. 397.431, F.S.; conforming
   95         provisions to changes made by the act; amending s.
   96         397.451, F.S.; providing that inmate substance abuse
   97         programs are exempt from level 2 background
   98         screenings; clarifying that certain personnel employed
   99         in an inmate substance abuse program are exempt from
  100         fingerprinting and background check requirements;
  101         amending ss. 397.471, 397.501, 397.581, 397.601,
  102         397.6751, 397.6752, 397.6758, 397.6773, 397.6797,
  103         397.6799, 397.6819, 397.6821, 397.6822, 397.697,
  104         397.6971, 397.6975, 397.6977, 397.702, 397.706,
  105         397.801, 397.821, 397.94, 397.95, 397.97, 397.99,
  106         F.S.; conforming provisions to changes made by the
  107         act; amending s. 440.102, F.S.; conforming a cross
  108         reference; amending s. 766.101, F.S.; redefining the
  109         term “medical review committee” to include a committee
  110         to review mental health and substance abuse treatment
  111         services provided by the department; repealing s.
  112         394.9081, F.S., relating to target groups for
  113         substance abuse and mental health services; providing
  114         an effective date.
  115  
  116  Be It Enacted by the Legislature of the State of Florida:
  117  
  118         Section 1. Paragraph (e) of subsection (5) of section
  119  212.055, Florida Statutes, is amended to read:
  120         212.055 Discretionary sales surtaxes; legislative intent;
  121  authorization and use of proceeds.—It is the legislative intent
  122  that any authorization for imposition of a discretionary sales
  123  surtax shall be published in the Florida Statutes as a
  124  subsection of this section, irrespective of the duration of the
  125  levy. Each enactment shall specify the types of counties
  126  authorized to levy; the rate or rates which may be imposed; the
  127  maximum length of time the surtax may be imposed, if any; the
  128  procedure which must be followed to secure voter approval, if
  129  required; the purpose for which the proceeds may be expended;
  130  and such other requirements as the Legislature may provide.
  131  Taxable transactions and administrative procedures shall be as
  132  provided in s. 212.054.
  133         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  134  s. 125.011(1) may levy the surtax authorized in this subsection
  135  pursuant to an ordinance either approved by extraordinary vote
  136  of the county commission or conditioned to take effect only upon
  137  approval by a majority vote of the electors of the county voting
  138  in a referendum. In a county as defined in s. 125.011(1), for
  139  the purposes of this subsection, “county public general
  140  hospital” means a general hospital as defined in s. 395.002
  141  which is owned, operated, maintained, or governed by the county
  142  or its agency, authority, or public health trust.
  143         (e) A governing board, agency, or authority shall be
  144  chartered by the county commission upon this act becoming law.
  145  The governing board, agency, or authority shall adopt and
  146  implement a health care plan for indigent health care services.
  147  The governing board, agency, or authority shall consist of no
  148  more than seven and no fewer than five members appointed by the
  149  county commission. The members of the governing board, agency,
  150  or authority shall be at least 18 years of age and residents of
  151  the county. No member may be employed by or affiliated with a
  152  health care provider or the public health trust, agency, or
  153  authority responsible for the county public general hospital.
  154  The following community organizations shall each appoint a
  155  representative to a nominating committee: the South Florida
  156  Hospital and Healthcare Association, the Miami-Dade County
  157  Public Health Trust, the Dade County Medical Association, the
  158  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  159  County. This committee shall nominate between 10 and 14 county
  160  citizens for the governing board, agency, or authority. The
  161  slate shall be presented to the county commission and the county
  162  commission shall confirm the top five to seven nominees,
  163  depending on the size of the governing board. Until such time as
  164  the governing board, agency, or authority is created, the funds
  165  provided for in subparagraph (d)2. shall be placed in a
  166  restricted account set aside from other county funds and not
  167  disbursed by the county for any other purpose.
  168         1. The plan shall divide the county into a minimum of four
  169  and maximum of six service areas, with no more than one
  170  participant hospital per service area. The county public general
  171  hospital shall be designated as the provider for one of the
  172  service areas. Services shall be provided through participants’
  173  primary acute care facilities.
  174         2. The plan and subsequent amendments to it shall fund a
  175  defined range of health care services for both indigent persons
  176  and the medically poor, including primary care, preventive care,
  177  hospital emergency room care, and hospital care necessary to
  178  stabilize the patient. For the purposes of this section,
  179  “stabilization” means stabilization as defined in s. 397.311(35)
  180  s. 397.311(30). Where consistent with these objectives, the plan
  181  may include services rendered by physicians, clinics, community
  182  hospitals, and alternative delivery sites, as well as at least
  183  one regional referral hospital per service area. The plan shall
  184  provide that agreements negotiated between the governing board,
  185  agency, or authority and providers shall recognize hospitals
  186  that render a disproportionate share of indigent care, provide
  187  other incentives to promote the delivery of charity care to draw
  188  down federal funds where appropriate, and require cost
  189  containment, including, but not limited to, case management.
  190  From the funds specified in subparagraphs (d)1. and 2. for
  191  indigent health care services, service providers shall receive
  192  reimbursement at a Medicaid rate to be determined by the
  193  governing board, agency, or authority created pursuant to this
  194  paragraph for the initial emergency room visit, and a per-member
  195  per-month fee or capitation for those members enrolled in their
  196  service area, as compensation for the services rendered
  197  following the initial emergency visit. Except for provisions of
  198  emergency services, upon determination of eligibility,
  199  enrollment shall be deemed to have occurred at the time services
  200  were rendered. The provisions for specific reimbursement of
  201  emergency services shall be repealed on July 1, 2001, unless
  202  otherwise reenacted by the Legislature. The capitation amount or
  203  rate shall be determined prior to program implementation by an
  204  independent actuarial consultant. In no event shall such
  205  reimbursement rates exceed the Medicaid rate. The plan must also
  206  provide that any hospitals owned and operated by government
  207  entities on or after the effective date of this act must, as a
  208  condition of receiving funds under this subsection, afford
  209  public access equal to that provided under s. 286.011 as to any
  210  meeting of the governing board, agency, or authority the subject
  211  of which is budgeting resources for the retention of charity
  212  care, as that term is defined in the rules of the Agency for
  213  Health Care Administration. The plan shall also include
  214  innovative health care programs that provide cost-effective
  215  alternatives to traditional methods of service and delivery
  216  funding.
  217         3. The plan’s benefits shall be made available to all
  218  county residents currently eligible to receive health care
  219  services as indigents or medically poor as defined in paragraph
  220  (4)(d).
  221         4. Eligible residents who participate in the health care
  222  plan shall receive coverage for a period of 12 months or the
  223  period extending from the time of enrollment to the end of the
  224  current fiscal year, per enrollment period, whichever is less.
  225         5. At the end of each fiscal year, the governing board,
  226  agency, or authority shall prepare an audit that reviews the
  227  budget of the plan, delivery of services, and quality of
  228  services, and makes recommendations to increase the plan’s
  229  efficiency. The audit shall take into account participant
  230  hospital satisfaction with the plan and assess the amount of
  231  poststabilization patient transfers requested, and accepted or
  232  denied, by the county public general hospital.
  233         Section 2. Subsection (21) of section 394.67, Florida
  234  Statutes, is amended to read:
  235         394.67 Definitions.—As used in this part, the term:
  236         (21) “Residential treatment center for children and
  237  adolescents” means a 24-hour residential program, including a
  238  therapeutic group home, which provides mental health services to
  239  emotionally disturbed children or adolescents as defined in s.
  240  394.492(5) or (6) and which is a private for-profit or not-for
  241  profit corporation licensed by the agency under contract with
  242  the department which offers a variety of treatment modalities in
  243  a more restrictive setting.
  244         Section 3. Section 394.674, Florida Statutes, is amended to
  245  read:
  246         394.674 Clinical Eligibility for publicly funded substance
  247  abuse and mental health services; fee collection requirements.—
  248         (1) To be eligible to receive substance abuse and mental
  249  health services funded by the department, an individual a person
  250  must be a member of at least one of the department’s priority
  251  populations target groups approved by the Legislature, pursuant
  252  to s. 216.0166. The priority populations include:
  253         (a)For adult mental health services:
  254         1.Adults who have severe and persistent mental illness, as
  255  designated by the department using criteria that include
  256  severity of diagnosis, duration of the mental illness, ability
  257  to independently perform activities of daily living, and receipt
  258  of disability income for a psychiatric condition. Included
  259  within this group are:
  260         a.Older adults in crisis.
  261         b.Older adults who are at risk of being placed in a more
  262  restrictive environment because of their mental illness.
  263         c.Persons deemed incompetent to proceed or not guilty by
  264  reason of insanity under chapter 916.
  265         d.Other persons involved in the criminal justice system.
  266         e.Persons diagnosed as having co-occurring mental illness
  267  and substance abuse disorders.
  268         2.Persons who are experiencing an acute mental or
  269  emotional crisis as defined in s. 394.67(17).
  270         (b)For children’s mental health services:
  271         1.Children who are at risk of emotional disturbance as
  272  defined in s. 394.492(4).
  273         2.Children who have an emotional disturbance as defined in
  274  s. 394.492(5).
  275         3.Children who have a serious emotional disturbance as
  276  defined in s. 394.492(6).
  277         4.Children diagnosed as having a co-occurring substance
  278  abuse and emotional disturbance or serious emotional
  279  disturbance.
  280         (c)For substance abuse treatment services:
  281         1.Adults who have substance abuse disorders and a history
  282  of intravenous drug use.
  283         2.Persons diagnosed as having co-occurring substance abuse
  284  and mental health disorders.
  285         3.Parents who put children at risk due to a substance
  286  abuse disorder.
  287         4.Persons who have a substance abuse disorder and have
  288  been ordered by the court to receive treatment.
  289         5.Children at risk for initiating drug use.
  290         6.Children under state supervision.
  291         7.Children who have a substance abuse disorder but who are
  292  not under the supervision of a court or in the custody of a
  293  state agency.
  294         8.Persons identified as being part of a priority
  295  population as a condition for receiving services funded through
  296  the Center for Mental Health Services and Substance Abuse
  297  Prevention and Treatment Block Grants.
  298         (2) Crisis services, as defined in s. 394.67, must, within
  299  the limitations of available state and local matching resources,
  300  be available to each person who is eligible for services under
  301  subsection (1), regardless of the person’s ability to pay for
  302  such services. A person who is experiencing a mental health
  303  crisis and who does not meet the criteria for involuntary
  304  examination under s. 394.463(1), or a person who is experiencing
  305  a substance abuse crisis and who does not meet the involuntary
  306  admission criteria in s. 397.675, must contribute to the cost of
  307  his or her care and treatment pursuant to the sliding fee scale
  308  developed under subsection (4), unless charging a fee is
  309  contraindicated because of the crisis situation.
  310         (3) Mental health services, substance abuse services, and
  311  crisis services, as defined in s. 394.67, must, within the
  312  limitations of available state and local matching resources, be
  313  available to each person who is eligible for services under
  314  subsection (1). Such person must contribute to the cost of his
  315  or her care and treatment pursuant to the sliding fee scale
  316  developed under subsection (4).
  317         (4) The department shall adopt rules to implement client
  318  the clinical eligibility, client enrollment, and fee collection
  319  requirements for publicly funded substance abuse and mental
  320  health services.
  321         (a) The rules must require that each provider under
  322  contract with the department which enrolls eligible persons into
  323  treatment to develop a sliding fee scale for persons who have a
  324  net family income at or above 150 percent of the Federal Poverty
  325  Income Guidelines, unless otherwise required by state or federal
  326  law. The sliding fee scale must use the uniform schedule of
  327  discounts by which a provider under contract with the department
  328  discounts its established client charges for services supported
  329  with state, federal, or local funds, using, at a minimum,
  330  factors such as family income, financial assets, and family size
  331  as declared by the person or the person’s guardian. The rules
  332  must include uniform criteria to be used by all service
  333  providers in developing the schedule of discounts for the
  334  sliding fee scale.
  335         (b) The rules must address the most expensive types of
  336  treatment, such as residential and inpatient treatment, in order
  337  to make it possible for a client to responsibly contribute to
  338  his or her mental health or substance abuse care without
  339  jeopardizing the family’s financial stability. A person who is
  340  not eligible for Medicaid and whose net family income is less
  341  than 150 percent of the Federal Poverty Income Guidelines must
  342  pay a portion of his or her treatment costs which is comparable
  343  to the copayment amount required by the Medicaid program for
  344  Medicaid clients pursuant to s. 409.9081.
  345         (c) The rules must require that persons who receive
  346  financial assistance from the Federal Government because of a
  347  disability and are in long-term residential treatment settings
  348  contribute to their board and care costs and treatment costs and
  349  must be consistent with the provisions in s. 409.212.
  350         (5) A person who meets the eligibility criteria in
  351  subsection (1) shall be served in accordance with the
  352  appropriate district substance abuse and mental health services
  353  plan specified in s. 394.75 and within available resources.
  354         Section 4. Section 394.908, Florida Statutes, is amended to
  355  read:
  356         394.908 Substance abuse and mental health funding equity;
  357  distribution of appropriations.—In recognition of the historical
  358  inequity in the funding of substance abuse and mental health
  359  services for the department’s districts and regions and to
  360  rectify this inequity and provide for equitable funding in the
  361  future throughout the state, the following funding process shall
  362  be used:
  363         (1) Funding thresholds for substance abuse and mental
  364  health services in each of the current districts, statewide,
  365  shall be established based on the current number of individuals
  366  persons in need per district of substance abuse and mental
  367  health services, respectively.
  368         (2) “Individuals Persons in need” means those persons who
  369  fit the profile of the respective priority target populations
  370  and require mental health or substance abuse services.
  371         (3)
  372         (a) Any additional funding beyond the 2005-2006 fiscal year
  373  base appropriation for alcohol, drug abuse, and mental health
  374  services shall be allocated to districts for substance abuse and
  375  mental health services based on:
  376         1. Epidemiological estimates of disabilities that apply to
  377  the respective priority target populations.
  378         2. A pro rata share distribution that ensures districts
  379  below the statewide average funding level per individual person
  380  in each priority target population of “individuals persons in
  381  need” receive funding necessary to achieve equity.
  382         (b) Notwithstanding paragraph (a) and for the 2008-2009
  383  fiscal year only, funds appropriated for forensic mental health
  384  treatment services shall be allocated to the areas of the state
  385  having the greatest demand for services and treatment capacity.
  386  This paragraph expires July 1, 2009.
  387         (c) Notwithstanding paragraph (a) and for the 2008-2009
  388  fiscal year only, additional funds appropriated for mental
  389  health services from funds available through the Community-Based
  390  Medicaid Administrative Claiming Program shall be allocated as
  391  provided in the 2008-2009 General Appropriations Act and in
  392  proportion to contributed provider earnings. Where these mental
  393  health funds are used in lieu of funds from the General Revenue
  394  Fund, the allocation of funds shall be unchanged from the
  395  allocation for those funds for the 2007-2008 fiscal year. This
  396  paragraph expires July 1, 2009.
  397         (4) Priority Target populations for individuals persons in
  398  need shall be displayed for each district and distributed
  399  concurrently with the approved operating budget. The display by
  400  priority target population shall show: The annual number of
  401  individuals persons served based on prior year actual numbers,
  402  the annual cost per individual person served, and the estimated
  403  number of the total priority target population for individuals
  404  persons in need.
  405         (5) The annual cost per individual person served shall be
  406  defined as the total actual funding for each priority target
  407  population divided by the number of individuals persons served
  408  in the priority target population for that year.
  409         Section 5. Subsection (6) of section 394.9085, Florida
  410  Statutes, is amended to read:
  411         394.9085 Behavioral provider liability.—
  412  (6) For purposes of this section, the terms “detoxification
  413  services program,” “addictions receiving facility,” and
  414  “receiving facility” have the same meanings as those provided in
  415  ss. 397.311(18)(a)4., 397.311(18)(a)1., 397.311(18)(b),
  416  397.311(18)(a), and 394.455(26), respectively.
  417         Section 6. Section 397.301, Florida Statutes, is amended to
  418  read:
  419         397.301 Short title.—This act may be cited as the “Hal S.
  420  Marchman Alcohol and Other Drug Services Act of 1993.”
  421         Section 7. Section 397.305, Florida Statutes, is amended to
  422  read:
  423         397.305 Legislative findings, intent, and purpose.—
  424         (1) Substance abuse is a major health problem that affects
  425  multiple service systems and leads to such profoundly disturbing
  426  consequences as serious impairment, chronic addiction, criminal
  427  behavior, vehicular casualties, spiraling health care costs,
  428  AIDS, and business losses, and significantly profoundly affects
  429  the culture, socialization, and learning ability of children
  430  within our schools and educational systems. Substance abuse
  431  impairment is a disease which affects the whole family and the
  432  whole society and requires a system of care that includes
  433  specialized prevention, intervention, clinical and treatment,
  434  and recovery support services that support and strengthen the
  435  family unit. Further, it is the intent of the Legislature to
  436  require the collaboration of state agencies, service systems,
  437  and program offices to achieve the goals of this chapter and
  438  address the needs of the public; to establish a comprehensive
  439  system of care for substance abuse; and to reduce duplicative
  440  requirements across state agencies. This chapter is designed to
  441  provide for substance abuse services.
  442         (2)It is the goal of the Legislature to discourage
  443  substance abuse by promoting healthy lifestyles, healthy
  444  families, and drug-free schools, workplaces, and communities.
  445         (3)(2) It is the purpose of this chapter to provide for a
  446  comprehensive continuum of accessible and quality substance
  447  abuse prevention, intervention, clinical and treatment, and
  448  recovery support services in the least restrictive environment
  449  which promotes long-term recovery while protecting and
  450  respecting of optimum care that protects and respects the rights
  451  of individuals clients, especially for involuntary admissions,
  452  primarily through community-based private not-for-profit
  453  providers working with local governmental programs involving a
  454  wide range of agencies from both the public and private sectors.
  455         (4)(3) It is the intent of the Legislature to ensure within
  456  available resources a full system of care for continuum of
  457  substance abuse services based on projected identified needs,
  458  delivered without discrimination and with adequate provision for
  459  specialized needs.
  460         (5)It is the intent of the Legislature to establish
  461  services for individuals with co-occurring substance abuse and
  462  mental disorders.
  463         (4)It is the goal of the Legislature to discourage
  464  substance abuse by promoting healthy lifestyles and drug-free
  465  schools, workplaces, and communities.
  466         (5)It is the purpose of the Legislature to integrate
  467  program evaluation efforts, adequate administrative support
  468  services, and quality assurance strategies with direct service
  469  provision requirements and to ensure funds for these purposes.
  470         (6)It is the intent of the Legislature to require the
  471  cooperation of departmental programs, services, and program
  472  offices in achieving the goals of this chapter and addressing
  473  the needs of clients.
  474         (6)(7) It is the intent of the Legislature to provide, for
  475  substance abuse impaired adult and juvenile offenders, an
  476  alternative to criminal imprisonment for substance abuse
  477  impaired adults and juvenile offenders by encouraging the
  478  referral of such offenders to service providers not generally
  479  available within the juvenile justice and correctional systems,
  480  system instead of or in addition to criminal penalties.
  481         (7)(8) It is the intent of the Legislature to provide,
  482  within the limits of appropriations and safe management of the
  483  juvenile justice and correctional systems system, substance
  484  abuse services to substance abuse impaired offenders who are
  485  placed by the Department of Juvenile Justice or who are
  486  incarcerated within the Department of Corrections, in order to
  487  better enable these offenders or inmates to adjust to the
  488  conditions of society presented to them when their terms of
  489  placement or incarceration end.
  490         (8)(9) It is the intent of the Legislature to provide for
  491  assisting substance abuse impaired persons primarily through
  492  health and other rehabilitative services in order to relieve the
  493  police, courts, correctional institutions, and other criminal
  494  justice agencies of a burden that interferes with their ability
  495  to protect people, apprehend offenders, and maintain safe and
  496  orderly communities.
  497         (10)It is the purpose of the Legislature to establish a
  498  clear framework for the comprehensive provision of substance
  499  abuse services in the context of a coordinated and orderly
  500  system.
  501         (9)(11) It is the intent of the Legislature that the
  502  freedom of religion of all citizens shall be inviolate. Nothing
  503  in this act shall give any governmental entity jurisdiction to
  504  regulate religious, spiritual, or ecclesiastical services.
  505         Section 8. Section 397.311, Florida Statutes, is amended to
  506  read:
  507         397.311 Definitions.—As used in this chapter, except part
  508  VIII, the term:
  509         (1) “Ancillary services” are services that which include,
  510  but are not limited to, special diagnostic, prenatal and
  511  postnatal, other medical, mental health, legal, economic,
  512  vocational, employment, and educational services.
  513         (2)“Assessment” means the systematic evaluation of
  514  information gathered to determine the nature and severity of the
  515  client’s substance abuse problem and the client’s need and
  516  motivation for services. Assessment entails the use of a
  517  psychosocial history supplemented, as required by rule, by
  518  medical examinations, laboratory testing, and psychometric
  519  measures.
  520         (2)(3) “Authorized agent of the department” means a person
  521  designated by the department to conduct any audit, inspection,
  522  monitoring, evaluation, or other duty imposed upon the
  523  department pursuant to this chapter. An authorized agent must be
  524  qualified by expertise and experience to perform these
  525  functions. identified by the department as:
  526         (a)Qualified by the requisite expertise and experience;
  527         (b)Having a need to know the applicable information; and
  528         (c)Having the assigned responsibility to carry out the
  529  applicable duty.
  530         (3)(4) “Beyond the safe management capabilities of the
  531  service provider” refers to an individual a client who is in
  532  need of:
  533         (a) Supervision;
  534         (b) Medical care; or
  535         (c) Services,
  536  
  537  beyond that which the service provider or service component can
  538  deliver.
  539         (4)“Clinical assessment” means the collection of detailed
  540  information concerning an individual’s substance use, emotional
  541  and physical health, social roles, and other areas that may
  542  reflect the severity of the individual’s abuse of alcohol or
  543  drugs. The collection of information serves as a basis for
  544  identifying an appropriate treatment regimen.
  545         (5)“Client” means a recipient of alcohol or other drug
  546  services delivered by a service provider but does not include an
  547  inmate pursuant to part VIII unless expressly so provided.
  548         (6)“Client identifying information” means the name,
  549  address, social security number, fingerprints, photograph, and
  550  similar information by which the identity of a client can be
  551  determined with reasonable accuracy and speed either directly or
  552  by reference to other publicly available information.
  553         (5)(7) “Court” means, with respect to all involuntary
  554  proceedings under this chapter, the circuit court of the county
  555  in which the judicial proceeding is pending or where the
  556  substance abuse impaired person resides or is located, and
  557  includes any general or special magistrate that may be appointed
  558  by the chief judge to preside over all or part of such
  559  proceeding. Otherwise, “court” refers to the court of legal
  560  jurisdiction in the context in which the term is used in this
  561  chapter.
  562         (6)(8) “Department” means the Department of Children and
  563  Family Services.
  564         (7)(9) “Director” means the chief administrative or
  565  executive officer of a service provider.
  566         (8)(10) “Disclose” or “disclosure” means a communication of
  567  client identifying information, the affirmative verification of
  568  another person’s communication of client identifying
  569  information, or the communication of any information regarding
  570  an individual of a client who has received services been
  571  identified. Any disclosure made pursuant to this chapter must be
  572  limited to that information which is necessary to carry out the
  573  purpose of the disclosure.
  574         (9)(11) “Fee system” means a method of establishing charges
  575  for services rendered, in accordance with an individual’s a
  576  client’s ability to pay, used by providers that receive state
  577  funds.
  578         (10)(12) “For profit” means registered as for profit by the
  579  Secretary of State and recognized by the Internal Revenue
  580  Service as a for-profit entity.
  581         (11)(13) “Habitual abuser” means a person who is brought to
  582  the attention of law enforcement for being substance impaired,
  583  who meets the criteria for involuntary admission in s. 397.675,
  584  and who has been taken into custody for such impairment three or
  585  more times during the preceding 12 months.
  586         (12)(14) “Hospital” means a hospital or hospital-based
  587  component licensed under chapter 395.
  588         (13)“Identifying information” means the name, address,
  589  social security number, fingerprints, photograph, and similar
  590  information by which the identity of an individual can be
  591  determined with reasonable accuracy directly or by reference to
  592  other publicly available information.
  593         (14)(15) “Impaired” or “substance abuse impaired” means a
  594  condition involving the use of alcoholic beverages or any
  595  psychoactive or mood-altering substance in such a manner as to
  596  induce mental, emotional, or physical problems and cause
  597  socially dysfunctional behavior.
  598         (15)“Individual” means a person who receives alcohol or
  599  other drug abuse treatment services delivered by a service
  600  provider. The term does not include an inmate pursuant to part
  601  VIII of this chapter unless expressly so provided.
  602         (16)“Individualized treatment or service plan” means an
  603  immediate and a long-range plan for substance abuse or ancillary
  604  services developed on the basis of a client’s assessed needs.
  605         (16)(17) “Law enforcement officer” means a law enforcement
  606  officer as defined in s. 943.10(1).
  607         (17)(18) “Licensed service provider” means a public agency
  608  under this chapter, a private for-profit or not-for-profit
  609  agency under this chapter, a physician or any other private
  610  practitioner licensed under this chapter, or a hospital that
  611  offers substance abuse impairment services through one or more
  612  licensed of the following licensable service components.
  613         (18)Licensed service components include a comprehensive
  614  continuum of accessible and quality substance abuse prevention,
  615  intervention, and clinical treatment services, including the
  616  following services:
  617         (a)“Clinical treatment” means a professionally directed,
  618  deliberate, and planned regimen of services and interventions
  619  that are designed to reduce or eliminate the misuse of drugs and
  620  alcohol and promote a healthy, drug-free lifestyle. As defined
  621  by rule, “clinical treatment services” include, but are not
  622  limited to, the following licensable service components:
  623         1.“Addictions receiving facility” is a secure, acute care
  624  facility that provides, at a minimum, detoxification and
  625  stabilization services; is operated 24 hours per day, 7 days per
  626  week; and is designated by the department to serve individuals
  627  found to be substance use impaired as described in s. 397.675
  628  who meet the placement criteria for this component.
  629         2.“Day or night treatment” is a service provided in a
  630  nonresidential environment, with a structured schedule of
  631  treatment and rehabilitative services.
  632         3.“Day or night treatment with community housing” means a
  633  program intended for individuals who can benefit from living
  634  independently in peer community housing while participating in
  635  treatment services for a minimum of 5 hours a day for a minimum
  636  of 25 hours per week.
  637         4.“Detoxification” is a service involving subacute care
  638  that is provided on an inpatient or an outpatient basis to
  639  assist individuals to withdraw from the physiological and
  640  psychological effects of substance abuse and who meet the
  641  placement criteria for this component.
  642         5.“Intensive inpatient treatment” includes a planned
  643  regimen of evaluation, observation, medical monitoring, and
  644  clinical protocols delivered through an interdisciplinary team
  645  approach provided 24 hours per day, 7 days per week, in a highly
  646  structured, live-in environment.
  647         6.“Intensive outpatient treatment” is a service that
  648  provides individual or group counseling in a more structured
  649  environment, is of higher intensity and duration than outpatient
  650  treatment, and is provided to individuals who meet the placement
  651  criteria for this component.
  652         7.“Medication-assisted treatment for opiate addiction” is
  653  a service that uses methadone or other medication as authorized
  654  by state and federal law, in combination with medical,
  655  rehabilitative, and counseling services in the treatment of
  656  individuals who are dependent on opioid drugs.
  657         8.“Outpatient treatment” is a service that provides
  658  individual, group, or family counseling by appointment during
  659  scheduled operating hours for individuals who meet the placement
  660  criteria for this component.
  661         9.“Residential treatment” is a service provided in a
  662  structured live-in environment within a nonhospital setting on a
  663  24-hours-per-day, 7-days-per-week basis, and is intended for
  664  individuals who meet the placement criteria for this component.
  665         (b)“Intervention” means structured services directed
  666  toward individuals or groups at risk of substance abuse and
  667  focused on reducing or impeding those factors associated with
  668  the onset or the early stages of substance abuse and related
  669  problems.
  670         (c)“Prevention” means a process involving strategies that
  671  are aimed at the individual, family, community, or substance and
  672  that preclude, forestall, or impede the development of substance
  673  use problems and promote responsible lifestyles.
  674         (a)Addictions receiving facility, which is a community
  675  based facility designated by the department to receive, screen,
  676  and assess clients found to be substance abuse impaired, in need
  677  of emergency treatment for substance abuse impairment, or
  678  impaired by substance abuse to such an extent as to meet the
  679  criteria for involuntary admission in s. 397.675, and to provide
  680  detoxification and stabilization. An addictions receiving
  681  facility must be state-owned, state-operated, or state
  682  contracted, and licensed pursuant to rules adopted by the
  683  department’s Substance Abuse Program Office which include
  684  specific authorization for the provision of levels of care and a
  685  requirement of separate accommodations for adults and minors.
  686  Addictions receiving facilities are designated as secure
  687  facilities to provide an intensive level of care and must have
  688  sufficient staff and the authority to provide environmental
  689  security to handle aggressive and difficult-to-manage behavior
  690  and deter elopement.
  691         (b)Detoxification, which uses medical and psychological
  692  procedures and a supportive counseling regimen to assist clients
  693  in managing toxicity and withdrawing and stabilizing from the
  694  physiological and psychological effects of substance abuse
  695  impairment.
  696         (c)Intensive inpatient treatment, which includes a planned
  697  regimen of professionally directed evaluation, observation,
  698  medical monitoring, and clinical protocols provided 24 hours per
  699  day, 7 days per week, in a highly structured, live-in
  700  environment.
  701         (d)Residential treatment, which provides a structured,
  702  live-in environment within a nonhospital setting on a 24-hours
  703  a-day, 7-days-a-week basis, and which includes:
  704         1.Facilities that provide room and board and treatment and
  705  rehabilitation within the primary residential facility; and
  706         2.Facilities that are used for room and board only and in
  707  which treatment and rehabilitation activities are provided on a
  708  mandatory basis at locations other than the primary residential
  709  facility. In this case, facilities used for room and board and
  710  for treatment and rehabilitation are operated under the auspices
  711  of the same provider, and licensing and regulatory requirements
  712  would apply to both the residential facility and all other
  713  facilities in which treatment and rehabilitation activities
  714  occur.
  715         (e)Day and night treatment, which provides a
  716  nonresidential environment with a structured schedule of
  717  treatment and rehabilitation services.
  718         (f)Outpatient treatment, which provides individual, group,
  719  or family counseling for clients by appointment during scheduled
  720  operating hours, with an emphasis on assessment and treatment.
  721         (g)Medication and methadone maintenance treatment that
  722  uses methadone or other medication as authorized by state and
  723  federal law, in conjunction with medical, rehabilitative, and
  724  counseling services in the treatment of clients who are
  725  dependent upon opioid drugs.
  726         (h)Prevention, which is a process involving strategies
  727  aimed at the individual, the environment, or the substance,
  728  which strategies preclude, forestall, or impede the development
  729  of substance abuse problems and promote responsible personal and
  730  social growth of individuals and families toward full human
  731  potential.
  732         (i)Intervention, which consists of structured services
  733  targeted toward individuals or groups at risk and focused on
  734  reducing those factors associated with the onset or the early
  735  stages of substance abuse, and related problems.
  736         (19)“Medication-assisted treatment (MAT)” is the use of
  737  medications approved by the United States Food and Drug
  738  Administration, in combination with counseling and behavioral
  739  therapies, to provide a holistic approach to the treatment of
  740  substance abuse.
  741         (20)(19) “Medical monitoring” means oversight and
  742  treatment, 24 hours per day by medical personnel who are
  743  licensed under chapter 458, chapter 459, or chapter 464, of
  744  individuals clients whose subacute biomedical, emotional,
  745  psychosocial, behavioral, or cognitive problems are so severe
  746  that the individuals clients require intensive inpatient
  747  treatment by an interdisciplinary team.
  748         (21)(20) “Not for profit” means registered as not for
  749  profit by the Secretary of State and recognized by the Internal
  750  Revenue Service as a not-for-profit entity.
  751         (22)(21) “Physician” means a person licensed under chapter
  752  458 to practice medicine or licensed under chapter 459 to
  753  practice osteopathic medicine, and may include, if the context
  754  so indicates, an intern or resident enrolled in an intern or
  755  resident training program affiliated with an approved medical
  756  school, hospital, or other facility through which training
  757  programs are normally conducted.
  758         (23)“Physician assistant” means a person licensed under
  759  chapter 458 or chapter 459 to practice medicine under the
  760  supervision of a physician or psychiatrist whose specialty
  761  includes substance abuse treatment.
  762         (22)“Preliminary screening” means the gathering of initial
  763  information to be used in determining a person’s need for
  764  assessment or for referral.
  765         (24)(23) “Private practitioner” means a physician or a
  766  physician assistant licensed under chapter 458 or chapter 459, a
  767  psychologist licensed under chapter 490, or a clinical social
  768  worker, marriage and family therapist, or mental health
  769  counselor licensed under chapter 491.
  770         (25)(24) “Program evaluation” or “evaluation” means a
  771  systematic measurement of a service provider’s achievement of
  772  desired individual client or service outcomes.
  773         (26)(25) “Qualified professional” means a physician or a
  774  physician assistant licensed under chapter 458 or chapter 459; a
  775  professional licensed under chapter 490 or chapter 491; an
  776  advanced registered nurse practitioner having a specialty in
  777  psychiatry licensed under part I of chapter 464; or a person who
  778  is certified through a department-recognized certification
  779  process for substance abuse treatment services and who holds, at
  780  a minimum, a bachelor’s degree. A person who is certified in
  781  substance abuse treatment services by a state-recognized
  782  certification process in another state at the time of employment
  783  with a licensed substance abuse provider in this state may
  784  perform the functions of a qualified professional as defined in
  785  this chapter but must meet certification requirements contained
  786  in this subsection no later than 1 year after his or her date of
  787  employment.
  788         (27)“Quality improvement” means a systematic and organized
  789  approach to monitor and continuously improve the quality of
  790  services in order to maintain, restore, or improve outcomes in
  791  individuals and populations throughout a system of care.
  792         (28)“Recovery” means a process of personal change through
  793  which individuals achieve abstinence from alcohol or drug use
  794  and improve health, wellness, and quality of life.
  795         (29)“Recovery support” means services designed to
  796  strengthen or assist individuals to regain skills, develop the
  797  environmental supports necessary to help the individual thrive
  798  in the community, and meet life goals that promote recovery from
  799  alcohol and drug use. These services include, but are not
  800  limited to, economic, vocational, employment, educational,
  801  housing, and other ancillary services.
  802         (30)“Screening” means the gathering of initial information
  803  to be used in determining a person’s need for assessment,
  804  services, or referral.
  805         (26)“Quality assurance” means the objective and internal
  806  systematic monitoring of the appropriateness and quality of
  807  client care rendered by a service provider.
  808         (31)(27) “Secure facility,” except where the context
  809  indicates a correctional system facility, means a provider that
  810  has the authority to deter the premature departure of
  811  involuntary individuals clients whose leaving constitutes a
  812  violation of a court order or community-based supervision as
  813  provided by law. The term “secure facility” includes addictions
  814  receiving facilities and facilities authorized by local
  815  ordinance for the treatment of habitual abusers.
  816         (32)“Service component” or “component” means a discrete
  817  operational entity within a service provider which is subject to
  818  licensing as defined by rule. Service components include
  819  prevention, intervention, and clinical treatment described in
  820  subsection (17).
  821         (33)(28) “Service provider” or “provider” means a public
  822  agency, a private for-profit or not-for-profit agency, a person
  823  who is a private practitioner, or a hospital licensed under this
  824  chapter or exempt from licensure under this chapter.
  825         (34)(29) “Service provider personnel” or “personnel”
  826  includes all owners, directors, chief financial officers, staff,
  827  and volunteers, including foster parents, of a service provider.
  828         (35)(30) “Stabilization” means:
  829         (a) Alleviation of a crisis condition; or
  830         (b) Prevention of further deterioration,
  831  
  832  and connotes short-term emergency treatment.
  833         (36)“Substance abuse” means the misuse or abuse of, or
  834  dependence on alcohol, illicit drugs, or prescription
  835  medications. As an individual progresses along this continuum of
  836  misuse, abuse, and dependence, there is an increased need for
  837  substance abuse intervention and treatment to help abate the
  838  problem.
  839         (37)“Substate entity” means a departmental office
  840  designated to serve a geographical area specified by the
  841  department.
  842         (38)“System of care” means a coordinated continuum of
  843  community-based services and supports that are organized to meet
  844  the challenges and needs of individuals who are at risk of
  845  developing substance abuse problems or individuals who have
  846  substance abuse problems.
  847         (39)“Treatment plan” means an immediate and a long-range
  848  plan based upon an individual’s assessed needs and used to
  849  address and monitor an individual’s recovery from substance
  850  abuse.
  851         Section 9. Subsections (2), (7), (14), (17), (18), (19),
  852  and (20) of section 397.321, Florida Statutes, are amended to
  853  read:
  854         397.321 Duties of the department.—The department shall:
  855         (2) Ensure that a plan for substance abuse services is
  856  developed at the local substate entity district level in
  857  accordance with the provisions of part IV of chapter 394.
  858         (7) Ensure that each licensed service provider develops a
  859  system and procedures for:
  860         (a) Clinical Client assessment.
  861         (b) Individualized Treatment or services planning.
  862         (c) Client Referral.
  863         (d) Client Progress reviews.
  864         (e) Client Followup.
  865         (14) In cooperation with service providers, foster and
  866  actively seek additional funding to enhance resources for
  867  prevention, intervention, clinical and treatment, and recovery
  868  support services, including, but not limited to, the development
  869  of partnerships with:
  870         (a) Private industry.
  871         (b) Intradepartmental and interdepartmental program
  872  offices, including, but not limited to, child care services;
  873  family safety; delinquency services; health services; economic
  874  services; and children’s medical services.
  875         (c) State agencies, including, but not limited to, the
  876  Department Departments of Corrections, the Department of
  877  Education, the Department of Juvenile Justice, the Department of
  878  Community Affairs, the Department of Elderly Affairs, the
  879  Department of Health, the Department of Financial Services, and
  880  the Agency for Health Care Administration Insurance.
  881         (17)Develop a certification process by rule for community
  882  substance abuse prevention coalitions.
  883         (18)(17) Provide sufficient and qualified staff to oversee
  884  all contracting, licensing, and planning functions within each
  885  of its substate district offices, as permitted by legislative
  886  appropriation.
  887         (19)(18) Ensure that the department develops and ensures
  888  the implementation of procedures between its Substance Abuse
  889  Program Office and other departmental programs regarding the
  890  referral of substance abuse impaired persons to service
  891  providers, information on service providers, information on
  892  methods of identifying substance abuse impaired juveniles, and
  893  procedures for referring such juveniles to appropriate service
  894  providers.
  895         (20)(19) Designate addictions receiving facilities for the
  896  purpose of ensuring that only qualified service providers render
  897  services within the context of a secure facility setting.
  898         (20)The department may establish in District 9, in
  899  cooperation with the Palm Beach County Board of County
  900  Commissioners, a pilot project to serve in a managed care
  901  arrangement non-Medicaid eligible persons who qualify to receive
  902  substance abuse or mental health services from the department.
  903  The department may contract with a not-for-profit entity to
  904  conduct the pilot project. The results of the pilot project
  905  shall be reported to the district administrator, and the
  906  secretary 18 months after the initiation. The department shall
  907  incur no additional administrative costs for the pilot project.
  908         Section 10. Paragraph (b) of subsection (1) of section
  909  397.331, Florida Statutes, is amended to read:
  910         397.331 Definitions; legislative intent.—
  911         (1) As used in this act, the term:
  912         (b) “Substance abuse programs and services” or “drug
  913  control” applies generally to the broad continuum of prevention,
  914  intervention, clinical and treatment, recovery support
  915  initiatives, and efforts to limit substance abuse, and also
  916  includes initiatives and efforts by law enforcement agencies to
  917  limit substance abuse.
  918         Section 11. Subsections (1), (3), and (4) of section
  919  397.401, Florida Statutes, are amended to read:
  920         397.401 License required; penalty; injunction; rules
  921  waivers.—
  922         (1) It is unlawful for any person or agency to act as a
  923  substance abuse service provider unless it is licensed or exempt
  924  from licensure under this chapter.
  925         (3) The department may maintain an action in circuit court
  926  to enjoin the unlawful operation of a substance abuse service
  927  provider if the department first gives the violator 14 days’
  928  notice of its intent to maintain such action and the violator
  929  fails to apply for licensure within that 14-day period. If the
  930  department determines that the health, safety, and welfare of
  931  individuals are clients is jeopardized, the department may move
  932  to enjoin the operation at any time during the 14-day period. If
  933  the service provider has already applied for licensure under
  934  this chapter and has been denied licensure, the department may
  935  move immediately to obtain an injunction.
  936         (4) In accordance with this subsection, the department may
  937  waive rules adopted pursuant to this chapter in order to allow
  938  service providers to demonstrate and evaluate innovative or
  939  cost-effective substance abuse services alternatives. Rules
  940  waivers may be granted only in instances where there is
  941  reasonable assurance that the health, safety, or welfare of
  942  individuals clients will not be endangered. To apply for a rules
  943  waiver, the applicant must be a service provider licensed under
  944  this chapter and must submit to the department a written
  945  description of the concept to be demonstrated, including:
  946         (a) Objectives and anticipated benefits.
  947         (b) The number and types of individuals clients who will be
  948  affected.
  949         (c) A description of how the demonstration will be
  950  evaluated.
  951         (d) Any other information requested by the department.
  952  
  953  A service provider granted a rules waiver under this subsection
  954  must submit a detailed report of the results of its findings to
  955  the department within 12 months after receiving the rules
  956  waiver. Upon receiving and evaluating the detailed report, the
  957  department may renew or revoke the rules waiver or seek any
  958  regulatory or statutory changes necessary to allow other service
  959  providers to implement the same alternative service.
  960         Section 12. Paragraph (e) of subsection (1) and subsection
  961  (3) of section 397.403, Florida Statutes, are amended to read:
  962         397.403 License application.—
  963         (1) Applicants for a license under this chapter must apply
  964  to the department on forms provided by the department and in
  965  accordance with rules adopted by the department. Applications
  966  must include at a minimum:
  967         (e) Sufficient information to conduct background screening
  968  as provided in s. 397.451.
  969         1. If the results of the background screening indicate that
  970  any owner, director, or chief financial officer has been found
  971  guilty of, regardless of adjudication, or has entered a plea of
  972  nolo contendere or guilty to any offense prohibited under the
  973  screening standard, a license may not be issued to the applicant
  974  service provider unless an exemption from disqualification has
  975  been granted by the department as set forth in chapter 435. The
  976  owner, director, or chief financial officer manager has 90 days
  977  within which to obtain the required exemption, during which time
  978  the applicant’s license remains in effect.
  979         2. If any owner, director, or chief financial officer is
  980  arrested or found guilty of, regardless of adjudication, or has
  981  entered a plea of nolo contendere or guilty to any offense
  982  prohibited under the screening standard while acting in that
  983  capacity, the provider shall immediately remove the person from
  984  that position and shall notify the department within 2 days
  985  after such removal, excluding weekends and holidays. Failure to
  986  remove the owner, director, or chief financial officer manager
  987  will result in revocation of the provider’s license.
  988         (3) The department shall accept proof of accreditation by
  989  the Commission on Accreditation of Rehabilitation Facilities
  990  (CARF) CARF—the Rehabilitation Accreditation Commission or the
  991  Joint Commission on Accreditation of Health Care Organizations
  992  (JCAHCO), or through any other nationally recognized
  993  certification process that is acceptable to the department and
  994  meets the minimum licensure requirements under this chapter, in
  995  lieu of requiring the applicant to submit the information
  996  required by paragraphs (1)(a)-(c).
  997         Section 13. Section 397.405, Florida Statutes, is amended
  998  to read:
  999         397.405 Exemptions from licensure.—The following are exempt
 1000  from the licensing provisions of this chapter:
 1001         (1) A hospital or hospital-based component licensed under
 1002  chapter 395.
 1003         (2) A nursing home facility as defined in s. 400.021.
 1004         (3) A substance abuse education program established
 1005  pursuant to s. 1003.42.
 1006         (4) A facility or institution operated by the Federal
 1007  Government.
 1008         (5) A physician or physician assistant licensed under
 1009  chapter 458 or chapter 459.
 1010         (6) A psychologist licensed under chapter 490.
 1011         (7) A social worker, marriage and family therapist, or
 1012  mental health counselor licensed under chapter 491.
 1013         (8) A An established and legally cognizable church or
 1014  nonprofit religious organization or denomination providing
 1015  substance abuse services, including prevention services, which
 1016  are solely exclusively religious, spiritual, or ecclesiastical
 1017  in nature. A church or nonprofit religious organization or
 1018  denomination providing any of the licensed licensable service
 1019  components itemized under s. 397.311(18) is not exempt from
 1020  substance abuse licensure for purposes of its provision of such
 1021  licensable service components but retains its exemption with
 1022  respect to all services which are solely exclusively religious,
 1023  spiritual, or ecclesiastical in nature.
 1024         (9) Facilities licensed under chapter 393 which, in
 1025  addition to providing services to persons with developmental
 1026  disabilities, also provide services to persons developmentally
 1027  at risk as a consequence of exposure to alcohol or other legal
 1028  or illegal drugs while in utero.
 1029         (10) DUI education and screening services provided pursuant
 1030  to ss. 316.192, 316.193, 322.095, 322.271, and 322.291. Persons
 1031  or entities providing treatment services must be licensed under
 1032  this chapter unless exempted from licensing as provided in this
 1033  section.
 1034         (11)A facility licensed under s. 394.875 as a crisis
 1035  stabilization unit.
 1036  
 1037  The exemptions from licensure in this section do not apply to
 1038  any service provider that receives an appropriation, grant, or
 1039  contract from the state to operate as a service provider as
 1040  defined in this chapter or to any substance abuse program
 1041  regulated pursuant to s. 397.406. Furthermore, this chapter may
 1042  not be construed to limit the practice of a physician or
 1043  physician assistant licensed under chapter 458 or chapter 459, a
 1044  psychologist licensed under chapter 490, or a psychotherapist
 1045  licensed under chapter 491, or an advanced registered nurse
 1046  practitioner licensed under part I of chapter 464, who provides
 1047  substance abuse treatment, so long as the physician, physician
 1048  assistant, psychologist, or psychotherapist, or advanced
 1049  registered nurse practitioner does not represent to the public
 1050  that he or she is a licensed service provider and does not
 1051  provide services to individuals clients pursuant to part V of
 1052  this chapter. Failure to comply with any requirement necessary
 1053  to maintain an exempt status under this section is a misdemeanor
 1054  of the first degree, punishable as provided in s. 775.082 or s.
 1055  775.083.
 1056         Section 14. Section 397.406, Florida Statutes, is amended
 1057  to read:
 1058         397.406 Licensure and regulation of government-operated
 1059  substance abuse programs.—Substance abuse programs operated
 1060  directly or under contract by the department, the Department of
 1061  Corrections, the Department of Juvenile Justice, any other state
 1062  agency, or any local correctional agency or authority, which
 1063  programs constitute any service provider licensable components
 1064  as defined in this chapter, are subject to licensure and
 1065  regulation in accordance with rules jointly developed by the
 1066  department and the state or local agency operating the program.
 1067  The department has authority to promulgate rules exempting such
 1068  government-operated programs from specific licensure provisions
 1069  of this part, including, but not limited to, licensure fees and
 1070  personnel background checks, and to enforce the regulatory
 1071  requirements governing such programs.
 1072         Section 15. Section 397.407, Florida Statutes, is amended
 1073  to read:
 1074         397.407 Licensure process; fees.—
 1075         (1) The department shall establish by rule the licensure
 1076  process to include fees and categories of licenses fees by rule.
 1077  The rule must prescribe a fee range that is based, at least in
 1078  part, on the number and complexity of programs listed in s.
 1079  397.311(18) which are operated by a licensee. The fee range must
 1080  be implemented over a 5-year period. The fee schedule for
 1081  licensure of service components must be increased annually in
 1082  substantially equal increments so that, by July 1, 1998, The
 1083  fees from the licensure of service components are sufficient to
 1084  cover at least 50 percent of the costs of regulating the service
 1085  components. The department shall specify by rule a fee range for
 1086  public and privately funded and phase-in plan for privately
 1087  funded licensed service providers and a fee range and phase-in
 1088  plan for publicly funded licensed service providers. Fees for
 1089  privately funded licensed service providers must exceed the fees
 1090  for publicly funded licensed service providers. During adoption
 1091  of the rule governing the licensure process and fees, the
 1092  department shall carefully consider the potential adverse impact
 1093  on small, not-for-profit service providers. The first year
 1094  phase-in licensure fees must be at least $150 per initial
 1095  license. The rule must provide for a reduction in licensure fees
 1096  for licensed service providers who hold more than one license.
 1097         (2) The department shall assess a fee of $100 per licensed
 1098  service component license for the late filing of an application
 1099  for renewal of a license.
 1100         (3) Licensure and renewal fees must be deposited in the
 1101  Operations and Maintenance Trust Fund to be used for the actual
 1102  cost of monitoring, inspecting, and overseeing licensed service
 1103  providers.
 1104         (4) Each application for licensure or renewal must be
 1105  accompanied by the required fee, except that a service provider
 1106  that has an all-volunteer staff is exempt from the licensure and
 1107  renewal fees.
 1108         (5)The department may issue probationary, regular, and
 1109  interim licenses. After adopting the rule governing the
 1110  licensure process and fees, the department shall issue one
 1111  license for each service component that is operated by a service
 1112  provider and defined in rule pursuant to s. 397.311(18). The
 1113  license is valid only for the specific service components listed
 1114  for each specific location identified on the license. The
 1115  licensed service provider shall apply for a new license at least
 1116  60 days before the addition of any service components or 30 days
 1117  before the relocation of any of its service sites. Provision of
 1118  service components or delivery of services at a location not
 1119  identified on the license may be considered an unlicensed
 1120  operation that authorizes the department to seek an injunction
 1121  against operation as provided in s. 397.401, in addition to
 1122  other sanctions authorized by s. 397.415. Probationary and
 1123  regular licenses may be issued only after all required
 1124  information has been submitted. A license may not be
 1125  transferred. As used in this subsection, the term “transfer”
 1126  includes, but is not limited to, the transfer of a majority of
 1127  the ownership interest in the licensed entity or transfer of
 1128  responsibilities under the license to another entity by
 1129  contractual arrangement.
 1130         (6)A probationary license may be issued to a service
 1131  provider applicant in the initial stages of developing services
 1132  that are not yet fully operational upon completion of all
 1133  application requirements itemized in s. 397.403(1) and upon
 1134  demonstration of the applicant’s ability to comply with all
 1135  applicable statutory and regulatory requirements. A probationary
 1136  license expires 90 days after issuance and may be reissued once
 1137  for an additional 90-day period if the applicant has
 1138  substantially complied with all requirements for regular
 1139  licensure or has initiated action to satisfy all requirements.
 1140  During the probationary period the department shall monitor the
 1141  delivery of services. Notwithstanding s. 120.60(5), the
 1142  department may order a probationary licensee to cease and desist
 1143  operations at any time it is found to be substantially out of
 1144  compliance with licensure standards. This cease-and-desist order
 1145  is exempt from the requirements of s. 120.60(6).
 1146         (7)A regular license may be issued to:
 1147         (a)A new applicant at the end of the probationary period.
 1148         (b)A licensed applicant that holds a regular license and
 1149  is seeking renewal.
 1150         (c)An applicant for a service component operating under an
 1151  interim license upon successful satisfaction of the requirements
 1152  for a regular license.
 1153  
 1154  In order to be issued a regular license, the applicant must be
 1155  in compliance with statutory and regulatory requirements.
 1156  Standards and timeframes for the issuance of a regular license
 1157  must be established by rule. An application for renewal of a
 1158  regular license must be submitted to the department at least 60
 1159  days before the license expires.
 1160         (8)The department may issue an interim license to a
 1161  service provider for a period established by the department
 1162  which does not exceed 90 days if the department finds that:
 1163         (a)A service component of the provider is in substantial
 1164  noncompliance with licensure standards;
 1165         (b)The service provider has failed to provide satisfactory
 1166  proof of conformance to fire, safety, or health requirements; or
 1167         (c)The service provider is involved in license suspension
 1168  or revocation proceedings.
 1169  
 1170  An interim license applies only to the licensable service
 1171  component of the provider’s services which is in substantial
 1172  noncompliance with statutory or regulatory requirements. An
 1173  interim license expires 90 days after it is issued; however, it
 1174  may be reissued once for an additional 90-day period in a case
 1175  of extreme hardship in which the noncompliance is not
 1176  attributable to the licensed service provider. If the service
 1177  provider is appealing the final disposition of license
 1178  suspension or revocation proceedings, the court before which the
 1179  appeal is taken may order the extension of the interim license
 1180  for a period specified in the order.
 1181         (9)A separate license is required for each service
 1182  component maintained by the service provider.
 1183         (10)The license must be displayed in a conspicuous place
 1184  inside the facility providing the licensed service component.
 1185         Section 16. Section 397.409, Florida Statutes, is repealed.
 1186         Section 17. Subsection (3) of section 397.411, Florida
 1187  Statutes, is amended, present subsection (5) of that section is
 1188  redesignated as subsection (6), and a new subsection (5) is
 1189  added to that section, to read:
 1190         397.411 Inspection; right of entry; records.—
 1191         (3) Notwithstanding the confidentiality provisions of this
 1192  chapter, a designated and authorized agent of the department may
 1193  access the records of the individuals served by clients of
 1194  licensed service providers, but only for purposes of licensing,
 1195  monitoring, and investigation. The department may interview
 1196  individuals clients, as specified by rule.
 1197         (5)In an effort to coordinate inspections among agencies,
 1198  the department shall notify applicable state agencies of any
 1199  scheduled licensure inspections of service providers jointly
 1200  funded by the agencies.
 1201         Section 18. Subsections (1), (2), and (4) of section
 1202  397.415, Florida Statutes, are amended to read:
 1203         397.415 Denial, suspension, and revocation; other
 1204  remedies.—
 1205         (1) If the department determines that an applicant or
 1206  licensed service provider or licensed service component thereof
 1207  is not in compliance with all statutory and regulatory
 1208  requirements, the department may deny, suspend, revoke, or
 1209  impose reasonable restrictions or penalties on the license or
 1210  any portion of the license. In such case, the department:
 1211         (a) May impose a moratorium on admissions to any service
 1212  component of a licensed service provider if the department
 1213  determines that conditions within such component are a threat to
 1214  the public health or safety.
 1215         (b) May impose an administrative penalty of up to $500 per
 1216  day against a licensed service provider operating in violation
 1217  of any fire-related, safety-related, or health-related statutory
 1218  or regulatory requirement. Fines collected under this paragraph
 1219  must be deposited in the Operations and Maintenance Substance
 1220  Abuse Impairment Provider Licensing Trust Fund.
 1221         (c) May suspend or revoke the license of a service provider
 1222  or may suspend or revoke the license as to the operation of any
 1223  service component or location identified on the license if,
 1224  after notice, the department it determines that a service
 1225  provider has failed to correct the substantial or chronic
 1226  violation of any statutory or regulatory requirement that such
 1227  as impacts the quality of client care.
 1228         (2) If a provider’s license is revoked of a facility or any
 1229  service component of a facility is revoked, the service provider
 1230  is barred from submitting any application for licensure of the
 1231  affected facility or service component to the department for a
 1232  period of 1 year after the revocation. If the provider’s license
 1233  is revoked as to any service component or location identified on
 1234  the license, the provider is barred from applying for licensure
 1235  of the affected service component or location for 1 year after
 1236  the revocation.
 1237         (4) The department may maintain an action in court to
 1238  enjoin the operation of any licensed or unlicensed provider,
 1239  service component, or location facility in violation of this
 1240  chapter or the rules adopted under this chapter.
 1241         Section 19. Section 397.416, Florida Statutes, is amended
 1242  to read:
 1243         397.416 Substance abuse treatment services; qualified
 1244  professional.—Notwithstanding any other provision of law, a
 1245  person who was certified through a certification process
 1246  recognized by the former Department of Health and Rehabilitative
 1247  Services before January 1, 1995, may perform the duties of a
 1248  qualified professional with respect to substance abuse treatment
 1249  services as defined in this chapter, and need not meet the
 1250  certification requirements contained in s. 397.311(26) s.
 1251  397.311(25).
 1252         Section 20. Section 397.419, Florida Statutes, is amended
 1253  to read:
 1254         397.419 Quality improvement assurance programs.—
 1255         (1) Each service provider must maintain a an ongoing
 1256  quality improvement assurance program to objectively and
 1257  systematically monitor and evaluate the appropriateness and
 1258  quality of client care, to ensure that services are rendered
 1259  consistent with prevailing professional standards, and to
 1260  identify and resolve problems.
 1261         (2) For each service provider, a written plan must be
 1262  developed with a copy made available upon request submitted to
 1263  the department which addresses the minimum guidelines for the
 1264  provider’s quality improvement assurance program, including, but
 1265  not limited to:
 1266         (a) Individual Client care and services standards.
 1267         (b) Individual Client records maintenance procedures.
 1268         (c) Staff development policies and procedures.
 1269         (d) Service-environment Facility safety and maintenance
 1270  standards.
 1271         (e) Peer review and utilization management review
 1272  procedures.
 1273         (f) Incident reporting policies and procedures that
 1274  include, including verification of corrective action, and
 1275  provision for reporting to the department within a time period
 1276  prescribed by rule, documentation that incident reporting is the
 1277  affirmative duty of all staff, and a provision that specifies
 1278  that a person who files an incident report may not be subjected
 1279  to any civil action by virtue of that incident report.
 1280         (3) The quality improvement assurance program is the
 1281  responsibility of the director and is subject to review and
 1282  approval by the governing board of the service provider.
 1283         (4) Each director shall designate a person who is an
 1284  employee of or under contract with the service provider as the
 1285  provider’s quality improvement assurance manager.
 1286         (5)Incident reporting is the affirmative duty of all
 1287  staff.
 1288         (6)A person who files an incident report may not be
 1289  subjected to any civil action by virtue of that incident report.
 1290         (5)(7) The department may access all service provider
 1291  records necessary to determine compliance with this section.
 1292  Records relating solely to actions taken in carrying out this
 1293  section and records obtained by the department to determine a
 1294  provider’s compliance with this section are confidential and
 1295  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 1296  of the State Constitution. Such records are not admissible in
 1297  any civil or administrative action except in disciplinary
 1298  proceedings by the Department of Health Business and
 1299  Professional Regulation or the appropriate regulatory board, and
 1300  are not part of the record of investigation and prosecution in
 1301  disciplinary proceedings made available to the public by the
 1302  Department of Health Business and Professional Regulation or the
 1303  appropriate regulatory board. Meetings or portions of meetings
 1304  of quality improvement assurance program committees that relate
 1305  solely to actions taken pursuant to this section are exempt from
 1306  s. 286.011.
 1307         (6)(8) The quality improvement assurance program must also
 1308  shall be implemented as part of the department’s contract
 1309  management process. The quality assurance program shall:
 1310         (a)Track performance measures and standards established by
 1311  the Legislature as part of the performance-based program
 1312  budgeting process;
 1313         (a)(b) Provide a framework for evaluating outcomes which is
 1314  separate from the performance-based program budgeting process,
 1315  including:
 1316         1. Output measures, such as capacities, technologies, and
 1317  infrastructure, that make up the system of care.
 1318         2. Process measures, such as administrative and clinical
 1319  components of treatment.
 1320         3. Outcome measures pertaining to the outcomes of services;
 1321         (b)(c) Provide for a system of analyzing those factors
 1322  which have an effect on performance at the local level;
 1323         (c)(d) Provide for a system of reporting the results of
 1324  quality improvement assurance reviews; and
 1325         (d)(e) Incorporate best practice models for use in
 1326  improving performance in those areas which are deficient.
 1327         (9)The quality assurance program shall incorporate a peer
 1328  review process into its protocol, to include:
 1329         (a)Reviews of providers by departmental district staff and
 1330  other providers.
 1331         (b)Reviews of individual districts by other districts.
 1332         (7)(10) Contingent upon specific appropriation, a quality
 1333  improvement assurance coordinator position shall be established
 1334  within each substate entity service district to oversee the
 1335  implementation and operation of the quality improvement
 1336  assurance program.
 1337         Section 21. Section 397.427, Florida Statutes, is amended
 1338  to read:
 1339         397.427 Medication-assisted Medication treatment service
 1340  providers; rehabilitation program; needs assessment and
 1341  provision of services; persons authorized to issue takeout
 1342  medication methadone; unlawful operation; penalty.—
 1343         (1) Medication treatment service Providers of medication
 1344  assisted treatment services for opiate addiction may not be
 1345  licensed unless they provide supportive rehabilitation programs.
 1346  Supportive rehabilitation programs include, but are not limited
 1347  to, counseling, therapy, and vocational rehabilitation.
 1348         (2) The department shall determine the need for
 1349  establishing medication treatment service providers of
 1350  medication-assisted treatment services for opiate addiction.
 1351         (a) Medication treatment service Providers of medication
 1352  assisted treatment services for opiate addiction may be
 1353  established only in response to the department’s determination
 1354  and publication of need for additional medication treatment
 1355  services.
 1356         (b) The department shall prescribe by rule the types of
 1357  medication-assisted medication treatment services for opiate
 1358  addiction for which it is necessary to conduct annual
 1359  assessments of need. If needs assessment is required, the
 1360  department shall annually conduct the assessment and publish a
 1361  statement of findings which identifies each substate entity’s
 1362  district’s need.
 1363         (c) Notwithstanding paragraphs (a) and (b), the license for
 1364  medication-assisted medication treatment programs for opiate
 1365  addiction licensed before October 1, 1990, may not be revoked
 1366  solely because of the department’s determination concerning the
 1367  need for medication-assisted medication treatment services for
 1368  opiate addiction.
 1369         (3) The department shall adopt rules necessary to
 1370  administer this section, including, but not limited to, rules
 1371  prescribing criteria and procedures for:
 1372         (a) Determining the need for additional medication-assisted
 1373  medication treatment services for opiate addiction.
 1374         (b) Selecting medication treatment service providers for
 1375  medication-assisted treatment services for opiate addiction when
 1376  the number of responses to a publication of need exceeds the
 1377  determined need.
 1378         (c) Administering any federally required rules,
 1379  regulations, or procedures.
 1380         (4) A service provider operating in violation of this
 1381  section is subject to proceedings in accordance with this
 1382  chapter to enjoin that unlawful operation.
 1383         (5) Notwithstanding the provisions of s. 465.019(2), a
 1384  physician assistant, a registered nurse, an advanced registered
 1385  nurse practitioner, or a licensed practical nurse working for a
 1386  licensed service provider may is authorized to deliver takeout
 1387  medication for opiate treatment methadone to persons enrolled in
 1388  a methadone maintenance treatment program for medication
 1389  assisted treatment for opiate addiction if provided that:
 1390         (a) The medication-assisted methadone maintenance treatment
 1391  program for opiate addiction has an appropriate valid permit
 1392  issued pursuant to rules adopted promulgated by the Board of
 1393  Pharmacy;
 1394         (b) The medication for treatment of opiate addiction has
 1395  been delivered pursuant to a valid prescription written by the
 1396  program’s physician licensed pursuant to chapter 458 or chapter
 1397  459;
 1398         (c) The medication for treatment of opiate addiction which
 1399  is ordered appears on a formulary and is prepackaged and
 1400  prelabeled with dosage instructions and distributed from a
 1401  source authorized under chapter 499;
 1402         (d) Each licensed provider adopts written protocols which
 1403  provide for supervision of the physician assistant, registered
 1404  nurse, advanced registered nurse practitioner, or licensed
 1405  practical nurse by a physician licensed pursuant to chapter 458
 1406  or chapter 459 and for the procedures by which patients’
 1407  medications may be delivered by the physician assistant,
 1408  registered nurse, advanced registered nurse practitioner, or
 1409  licensed practical nurse. Such protocols shall be signed by the
 1410  supervising physician and either the administering registered
 1411  nurse, the advanced registered nurse practitioner, or the
 1412  licensed practical nurse.
 1413         (e) Each licensed service provider maintains and has
 1414  available for inspection by representatives of the Board of
 1415  Pharmacy all medical records and patient care protocols,
 1416  including records of medications delivered to patients, in
 1417  accordance with the board.
 1418         (6)The department shall also determine the need for
 1419  establishing medication-assisted treatment for substance-use
 1420  disorders other than opiate dependence. Service providers within
 1421  the publicly funded system shall be funded for provision of
 1422  these services based on the availability of funds.
 1423         (7)Service providers that provide medication-assisted
 1424  treatment for substance abuse other than opiate dependence shall
 1425  provide counseling services in conjunction with medication
 1426  assisted treatment.
 1427         (8)The department shall adopt rules necessary to
 1428  administer medication-assisted treatment services, including,
 1429  but not limited to, rules prescribing criteria and procedures
 1430  for:
 1431         (a)Determining the need for medication-assisted treatment
 1432  services within the publicly funded system.
 1433         (b)Selecting medication-assisted service providers within
 1434  the publicly funded system.
 1435         (c)Administering any federally required rules,
 1436  regulations, or procedures related to the provision of
 1437  medication-assisted treatment.
 1438         (9)A physician assistant, registered nurse, an advanced
 1439  registered nurse practitioner, or a licensed practical nurse
 1440  working for a licensed service provider may deliver medication
 1441  as prescribed by rule if:
 1442         (a)The service provider is authorized to provide
 1443  medication-assisted treatment;
 1444         (b)The medication has been administered pursuant to a
 1445  valid prescription written by the program’s physician who is
 1446  licensed under chapter 458 or chapter 459; and
 1447         (c)The medication ordered appears on a formulary or meets
 1448  federal requirements for medication-assisted treatment.
 1449         (10)Each licensed service provider that provides
 1450  medication-assisted treatment must adopt written protocols as
 1451  specified by the department and in accordance with federally
 1452  required rules, regulations, or procedures. The protocol shall
 1453  provide for the supervision of the physician assistant,
 1454  registered nurse, advanced registered nurse practitioner, or
 1455  licensed practical nurse working under the supervision of a
 1456  physician who is licensed under chapter 458 or chapter 459. The
 1457  protocol must specify how the medication will be used in
 1458  conjunction with counseling or psychosocial treatment and that
 1459  the services provided will be included on the treatment plan.
 1460  The protocol must specify the procedures by which medication
 1461  assisted treatment may be administered by the physician
 1462  assistant, registered nurse, advanced registered nurse
 1463  practitioner, or licensed practical nurse. These protocols shall
 1464  be signed by the supervising physician and the administering
 1465  physician assistant, registered nurse, advanced registered nurse
 1466  practitioner, or licensed practical nurse.
 1467         (11)Each licensed service provider shall maintain and have
 1468  available for inspection by representatives of the Board of
 1469  Pharmacy all medical records and protocols, including records of
 1470  medications delivered to individuals in accordance with rules of
 1471  the board.
 1472         Section 22. Section 397.431, Florida Statutes, is amended
 1473  to read:
 1474         397.431 Individual Client responsibility for cost of
 1475  substance abuse impairment services.—
 1476         (1) Before Prior to accepting an individual a client for
 1477  admission and in accordance with confidentiality guidelines,
 1478  both the full charge for services and the fee charged to the
 1479  individual client for such services under the provider’s fee
 1480  system or payment policy must be disclosed to each individual
 1481  client or his or her authorized personal representative, or
 1482  parent or legal guardian if the individual client is a minor who
 1483  did not seek treatment voluntarily and without parental consent.
 1484         (2) An individual A client or his or her authorized
 1485  personal representative, or parent or legal guardian if the
 1486  individual client is a minor, is required to contribute toward
 1487  the cost of substance abuse services in accordance with his or
 1488  her ability to pay, unless otherwise provided by law.
 1489         (3) The parent, legal guardian, or legal custodian of a
 1490  minor is not liable for payment for any substance abuse services
 1491  provided to the minor without parental consent pursuant to s.
 1492  397.601(4), unless the parent, legal guardian, or legal
 1493  custodian participates or is ordered to participate in the
 1494  services, and only for the substance abuse services rendered. If
 1495  the minor is receiving services as a juvenile offender, the
 1496  obligation to pay is governed by the law relating to juvenile
 1497  offenders.
 1498         (4) Service providers that do not contract for state funds
 1499  to provide substance abuse services as defined in this chapter
 1500  may establish their own admission policies regarding provisions
 1501  for payment for services. Such policies must comply with other
 1502  statutory and regulatory requirements governing state or federal
 1503  reimbursements to a provider for services delivered to
 1504  individuals individual clients. As used in this subsection, the
 1505  term “contract for state funds” does not include Medicaid funds.
 1506         (5) Service providers that contract for state funds to
 1507  provide substance abuse services as defined in this chapter must
 1508  establish a fee system based upon an individual’s a client’s
 1509  ability to pay and, if space and sufficient state resources are
 1510  available, may not deny an individual a client access to
 1511  services solely on the basis of the individual’s client’s
 1512  inability to pay.
 1513         Section 23. Paragraphs (a) and (e) of subsection (1) of
 1514  section 397.451, Florida Statutes, are amended to read:
 1515         397.451 Background checks of service provider personnel.—
 1516         (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
 1517  EXCEPTIONS.—
 1518         (a) Background checks shall apply as follows:
 1519         1. All owners, directors, and chief financial officers of
 1520  service providers are subject to level 2 background screening as
 1521  provided under chapter 435. Inmate substance abuse programs
 1522  operated directly or under contract with the Department of
 1523  Corrections are exempt from this requirement.
 1524         2. All service provider personnel who have direct contact
 1525  with children receiving services or with adults who are
 1526  developmentally disabled receiving services are subject to level
 1527  2 background screening as provided under chapter 435.
 1528         (e) Personnel employed directly or under contract with by
 1529  the Department of Corrections in an inmate substance abuse
 1530  program a substance abuse service component who have direct
 1531  contact with unmarried inmates under the age of 18 or with
 1532  inmates who are developmentally disabled are exempt from the
 1533  fingerprinting and background check requirements of this
 1534  section.
 1535         Section 24. Paragraphs (a) and (b) of subsection (1) of
 1536  section 397.471, Florida Statutes, are amended to read:
 1537         397.471 Service provider facility standards.—
 1538         (1) Each service provider must ensure:
 1539         (a) Sufficient numbers and types of qualified personnel on
 1540  duty and available to provide necessary and adequate client
 1541  safety and care.
 1542         (b) Adequate space for each individual served within client
 1543  of a residential facility.
 1544         Section 25. Section 397.501, Florida Statutes, is amended
 1545  to read:
 1546         397.501 Rights of individuals clients.—Individuals Clients
 1547  receiving substance abuse services from any service provider are
 1548  guaranteed protection of the rights specified in this section,
 1549  unless otherwise expressly provided, and service providers must
 1550  ensure the protection of such rights.
 1551         (1) RIGHT TO INDIVIDUAL DIGNITY.—The individual dignity of
 1552  the individual served client must be respected at all times and
 1553  upon all occasions, including any occasion when the individual
 1554  client is admitted, retained, or transported. Individuals served
 1555  Substance abuse clients who are not accused of a crime or
 1556  delinquent act may not be detained or incarcerated in jails,
 1557  detention centers, or training schools of the state, except for
 1558  purposes of protective custody in strict accordance with this
 1559  chapter. An individual A client may not be deprived of any
 1560  constitutional right.
 1561         (2) RIGHT TO NONDISCRIMINATORY SERVICES.—
 1562         (a) Service providers may not deny an individual a client
 1563  access to substance abuse services solely on the basis of race,
 1564  gender, ethnicity, age, sexual preference, human
 1565  immunodeficiency virus status, prior service departures against
 1566  medical advice, disability, or number of relapse episodes.
 1567  Service providers may not deny an individual a client who takes
 1568  medication prescribed by a physician access to substance abuse
 1569  services solely on that basis. Service providers who receive
 1570  state funds to provide substance abuse services may not, if
 1571  provided space and sufficient state resources are available,
 1572  deny a client access to services based solely on inability to
 1573  pay.
 1574         (b) Each individual client in treatment must be afforded
 1575  the opportunity to participate in the formulation and periodic
 1576  review of his or her individualized treatment or service plan to
 1577  the extent of his or her ability to so participate.
 1578         (c) It is the policy of the state to use the least
 1579  restrictive and most appropriate services available, based on
 1580  the needs and the best interests of the individual client and
 1581  consistent with optimum care of the individual client.
 1582         (d) Each individual client must be afforded the opportunity
 1583  to participate in activities designed to enhance self-image.
 1584         (3) RIGHT TO QUALITY SERVICES.—
 1585         (a) Each individual client must be delivered services
 1586  suited to his or her needs, administered skillfully, safely,
 1587  humanely, with full respect for his or her dignity and personal
 1588  integrity, and in accordance with all statutory and regulatory
 1589  requirements.
 1590         (b) These services must include the use of methods and
 1591  techniques to control aggressive client behavior that poses an
 1592  immediate threat to the individual client or to other persons.
 1593  Such methods and techniques include the use of restraints, the
 1594  use of seclusion, the use of time-out, and other behavior
 1595  management techniques. When authorized, these methods and
 1596  techniques may be applied only by persons who are employed by
 1597  service providers and trained in the application and use of
 1598  these methods and techniques. The department must specify by
 1599  rule the methods that may be used and the techniques that may be
 1600  applied by service providers to control aggressive client
 1601  behavior and must specify by rule the physical facility
 1602  requirements for seclusion rooms, including dimensions, safety
 1603  features, methods of observation, and contents.
 1604         (4) RIGHT TO COMMUNICATION.—
 1605         (a) Each individual client has the right to communicate
 1606  freely and privately with other persons within the limitations
 1607  imposed by service provider policy.
 1608         (b) Because the delivery of services can only be effective
 1609  in a substance abuse free environment, close supervision of each
 1610  individual’s client’s communications and correspondence is
 1611  necessary, particularly in the initial stages of treatment, and
 1612  the service provider must therefore set reasonable rules for
 1613  telephone, mail, and visitation rights, giving primary
 1614  consideration to the well-being and safety of individuals
 1615  clients, staff, and the community. It is the duty of the service
 1616  provider to inform the individual client and his or her family
 1617  if the family is involved at the time of admission about the
 1618  provider’s rules relating to communications and correspondence.
 1619         (5) RIGHT TO CARE AND CUSTODY OF PERSONAL EFFECTS OF
 1620  CLIENTS.—An individual A client has the right to possess
 1621  clothing and other personal effects. The service provider may
 1622  take temporary custody of the individual’s client’s personal
 1623  effects only when required for medical or safety reasons, with
 1624  the reason for taking custody and a list of the personal effects
 1625  recorded in the individual’s client’s clinical record.
 1626         (6) RIGHT TO EDUCATION OF MINORS.—Each minor client in a
 1627  residential service component is guaranteed education and
 1628  training appropriate to his or her needs. The service provider
 1629  shall coordinate with local education agencies to ensure that
 1630  education and training is provided to each minor client in
 1631  accordance with other applicable laws and regulations and that
 1632  parental responsibilities related to such education and training
 1633  are established within the provisions of such applicable laws
 1634  and regulations. Nothing in This chapter does not may be
 1635  construed to relieve any local education authority of its
 1636  obligation under law to provide a free and appropriate education
 1637  to every child.
 1638         (7) RIGHT TO CONFIDENTIALITY OF INDIVIDUAL CLIENT RECORDS.—
 1639         (a) The records of service providers which pertain to the
 1640  identity, diagnosis, and prognosis of and service provision to
 1641  any individual client are confidential in accordance with this
 1642  chapter and with applicable federal confidentiality regulations
 1643  and are exempt from the provisions of s. 119.07(1) and s. 24(a),
 1644  Art. I of the State Constitution. Such records may not be
 1645  disclosed without the written consent of the individual client
 1646  to whom they pertain except that appropriate disclosure may be
 1647  made without such consent:
 1648         1. To medical personnel in a medical emergency.
 1649         2. To service provider personnel if such personnel need to
 1650  know the information in order to carry out duties relating to
 1651  the provision of services to an individual a client.
 1652         3. To the secretary of the department or the secretary’s
 1653  designee, for purposes of scientific research, in accordance
 1654  with federal confidentiality regulations, but only upon
 1655  agreement in writing that the individual’s client’s name and
 1656  other identifying information will not be disclosed.
 1657         4. In the course of review of service-provider records on
 1658  service provider premises by persons who are performing an audit
 1659  or evaluation on behalf of any federal, state, or local
 1660  government agency, or third-party payor providing financial
 1661  assistance or reimbursement to the service provider; however,
 1662  reports produced as a result of such audit or evaluation may not
 1663  disclose client names or other identifying information and must
 1664  be in accordance accord with federal confidentiality
 1665  regulations.
 1666         5. Upon court order based on application showing good cause
 1667  for disclosure. In determining whether there is good cause for
 1668  disclosure, the court shall examine whether the public interest
 1669  and the need for disclosure outweigh the potential injury to the
 1670  individual client, to the service provider and the individual
 1671  provider-client relationship, and to the service provider
 1672  itself.
 1673         (b) The restrictions on disclosure and use in this section
 1674  do not apply to communications from provider personnel to law
 1675  enforcement officers which:
 1676         1. Are directly related to an individual’s a client’s
 1677  commission of a crime on the premises of the provider or against
 1678  provider personnel or to a threat to commit such a crime; and
 1679         2. Are limited to the circumstances of the incident,
 1680  including the client status of the individual committing or
 1681  threatening to commit the crime, that individual’s name and
 1682  address, and that individual’s last known whereabouts.
 1683         (c) The restrictions on disclosure and use in this section
 1684  do not apply to the reporting of incidents of suspected child
 1685  abuse and neglect to the appropriate state or local authorities
 1686  as required by law. However, such restrictions continue to apply
 1687  to the original substance abuse client records maintained by the
 1688  provider, including their disclosure and use for civil or
 1689  criminal proceedings which may arise out of the report of
 1690  suspected child abuse and neglect.
 1691         (d) Any answer to a request for a disclosure of individual
 1692  client records which is not permissible under this section or
 1693  under the appropriate federal regulations must be made in a way
 1694  that will not affirmatively reveal that an identified individual
 1695  has been, or is being diagnosed or treated for substance abuse.
 1696  The regulations do not restrict a disclosure that an identified
 1697  individual is not and has never received services has been a
 1698  client.
 1699         (e)1. Since a minor acting alone has the legal capacity to
 1700  voluntarily apply for and obtain substance abuse treatment, any
 1701  written consent for disclosure may be given only by the minor
 1702  client. This restriction includes, but is not limited to, any
 1703  disclosure of client identifying information to the parent,
 1704  legal guardian, or custodian of a minor client for the purpose
 1705  of obtaining financial reimbursement.
 1706         2. When the consent of a parent, legal guardian, or
 1707  custodian is required under this chapter in order for a minor to
 1708  obtain substance abuse treatment, any written consent for
 1709  disclosure must be given by both the minor and the parent, legal
 1710  guardian, or custodian.
 1711         (f) An order of a court of competent jurisdiction
 1712  authorizing disclosure and use of confidential information is a
 1713  unique kind of court order. Its only purpose is to authorize a
 1714  disclosure or use of client identifying information which would
 1715  otherwise be prohibited by this section. Such an order does not
 1716  compel disclosure. A subpoena or a similar legal mandate must be
 1717  issued in order to compel disclosure. This mandate may be
 1718  entered at the same time as, and accompany, an authorizing court
 1719  order entered under this section.
 1720         (g) An order authorizing the disclosure of an individual’s
 1721  client records may be applied for by any person having a legally
 1722  recognized interest in the disclosure which is sought. The
 1723  application may be filed separately or as part of a pending
 1724  civil action in which it appears that the individual’s client
 1725  records are needed to provide evidence. An application must use
 1726  a fictitious name, such as John Doe or Jane Doe, to refer to any
 1727  individual client and may not contain or otherwise disclose any
 1728  client identifying information unless the individual client is
 1729  the applicant or has given a written consent to disclosure or
 1730  the court has ordered the record of the proceeding sealed from
 1731  public scrutiny.
 1732         (h) The individual client and the person holding the
 1733  records from whom disclosure is sought must be given adequate
 1734  notice in a manner which will not disclose client identifying
 1735  information to other persons, and an opportunity to file a
 1736  written response to the application, or to appear in person, for
 1737  the limited purpose of providing evidence on the statutory and
 1738  regulatory criteria for the issuance of the court order.
 1739         (i) Any oral argument, review of evidence, or hearing on
 1740  the application must be held in the judge’s chambers or in some
 1741  manner which ensures that client identifying information is not
 1742  disclosed to anyone other than a party to the proceeding, the
 1743  individual client, or the person holding the record, unless the
 1744  individual client requests an open hearing. The proceeding may
 1745  include an examination by the judge of the client records
 1746  referred to in the application.
 1747         (j) A court may authorize the disclosure and use of client
 1748  records for the purpose of conducting a criminal investigation
 1749  or prosecution of an individual a client only if the court finds
 1750  that all of the following criteria are met:
 1751         1. The crime involved is extremely serious, such as one
 1752  which causes or directly threatens loss of life or serious
 1753  bodily injury, including but not limited to homicide, sexual
 1754  assault, sexual battery, kidnapping, armed robbery, assault with
 1755  a deadly weapon, and child abuse and neglect.
 1756         2. There is reasonable likelihood that the records will
 1757  disclose information of substantial value in the investigation
 1758  or prosecution.
 1759         3. Other ways of obtaining the information are not
 1760  available or would not be effective.
 1761         4. The potential injury to the individual client, to the
 1762  physician-individual physician-client relationship and to the
 1763  ability of the program to provide services to other individuals
 1764  clients is outweighed by the public interest and the need for
 1765  the disclosure.
 1766         (8) RIGHT TO COUNSEL.—Each individual client must be
 1767  informed that he or she has the right to be represented by
 1768  counsel in any involuntary proceeding for assessment,
 1769  stabilization, or treatment and that he or she, or if the
 1770  individual client is a minor his or her parent, legal guardian,
 1771  or legal custodian, may apply immediately to the court to have
 1772  an attorney appointed if he or she cannot afford one.
 1773         (9) RIGHT TO HABEAS CORPUS.—At any time, and without
 1774  notice, an individual a client involuntarily retained by a
 1775  provider, or the individual’s client’s parent, guardian,
 1776  custodian, or attorney on behalf of the individual client, may
 1777  petition for a writ of habeas corpus to question the cause and
 1778  legality of such retention and request that the court issue a
 1779  writ for the individual’s client’s release.
 1780         (10) LIABILITY AND IMMUNITY.—
 1781         (a) Service provider personnel who violate or abuse any
 1782  right or privilege of an individual a client under this chapter
 1783  are liable for damages as determined by law.
 1784         (b) All persons acting in good faith, reasonably, and
 1785  without negligence in connection with the preparation or
 1786  execution of petitions, applications, certificates, or other
 1787  documents or the apprehension, detention, discharge,
 1788  examination, transportation, or treatment of a person under the
 1789  provisions of this chapter shall be free from all liability,
 1790  civil or criminal, by reason of such acts.
 1791         Section 26. Section 397.581, Florida Statutes, is amended
 1792  to read:
 1793         397.581 Unlawful activities relating to client assessment
 1794  and treatment; penalties.—
 1795         (1) Knowingly furnishing false information for the purpose
 1796  of obtaining emergency or other involuntary admission for any
 1797  person is a misdemeanor of the first degree, punishable as
 1798  provided in s. 775.082 and by a fine not exceeding $5,000.
 1799         (2) Causing or otherwise securing, or conspiring with or
 1800  assisting another to cause or secure, without reason for
 1801  believing a person to be impaired, any emergency or other
 1802  involuntary procedure for the person is a misdemeanor of the
 1803  first degree, punishable as provided in s. 775.082 and by a fine
 1804  not exceeding $5,000.
 1805         (3) Causing, or conspiring with or assisting another to
 1806  cause, the denial to any person of any right accorded pursuant
 1807  to this chapter is a misdemeanor of the first degree, punishable
 1808  as provided in s. 775.082 and by a fine not exceeding $5,000.
 1809         Section 27. Paragraph (a) of subsection (4) of section
 1810  397.601, Florida Statutes, is amended to read:
 1811         397.601 Voluntary admissions.—
 1812         (4)(a) The disability of minority for persons under 18
 1813  years of age is removed solely for the purpose of obtaining
 1814  voluntary substance abuse impairment services from a licensed
 1815  service provider, and consent to such services by a minor has
 1816  the same force and effect as if executed by an individual a
 1817  client who has reached the age of majority. Such consent is not
 1818  subject to later disaffirmance based on minority.
 1819         Section 28. Subsections (1) and (3) of section 397.6751,
 1820  Florida Statutes, are amended to read:
 1821         397.6751 Service provider responsibilities regarding
 1822  involuntary admissions.—
 1823         (1) It is the responsibility of the service provider to:
 1824         (a) Ensure that a person who is admitted to a licensed
 1825  service component meets the admission criteria specified in s.
 1826  397.675;
 1827         (b) Ascertain whether the medical and behavioral conditions
 1828  of the person, as presented, are beyond the safe management
 1829  capabilities of the service provider;
 1830         (c) Provide for the admission of the person to the service
 1831  component that represents the least restrictive available
 1832  setting that is responsive to the person’s treatment needs;
 1833         (d) Verify that the admission of the person to the service
 1834  component does not result in a census in excess of its licensed
 1835  service capacity;
 1836         (e) Determine whether the cost of services is within the
 1837  financial means of the person or those who are financially
 1838  responsible for the person’s care; and
 1839         (f) Take all necessary measures to ensure that each
 1840  individual client in treatment is provided with a safe
 1841  environment, and to ensure that each individual client whose
 1842  medical condition or behavioral problem becomes such that he or
 1843  she cannot be safely managed by the service component is
 1844  discharged and referred to a more appropriate setting for care.
 1845         (3) When, in the judgment of the service provider, the
 1846  medical conditions or behavioral problems of an involuntary
 1847  individual client become such that they cannot be safely managed
 1848  by the service component, the service provider must discharge
 1849  the individual client and attempt to assist him or her in
 1850  securing more appropriate services in a setting more responsive
 1851  to his or her needs. Upon completing these efforts, the service
 1852  provider must, within 72 hours, report in writing to the
 1853  referral source, in compliance with federal confidentiality
 1854  regulations:
 1855         (a) The basis for the individual’s client’s discharge;, and
 1856         (b) Documentation of the service provider’s efforts to
 1857  assist the person in gaining access to appropriate services.
 1858         Section 29. Section 397.6752, Florida Statutes, is amended
 1859  to read:
 1860         397.6752 Referral of involuntarily admitted individual
 1861  client for voluntary treatment.—Upon giving his or her written
 1862  informed consent, an involuntarily admitted individual client
 1863  may be referred to a service provider for voluntary admission
 1864  when the service provider determines that the individual client
 1865  no longer meets involuntary criteria.
 1866         Section 30. Section 397.6758, Florida Statutes, is amended
 1867  to read:
 1868         397.6758 Release of individual client from protective
 1869  custody, emergency admission, involuntary assessment,
 1870  involuntary treatment, and alternative involuntary assessment of
 1871  a minor.—An individual A client involuntarily admitted to a
 1872  licensed service provider may be released without further order
 1873  of the court only by a qualified professional in a hospital, a
 1874  detoxification facility, an addictions receiving facility, or
 1875  any less restrictive treatment component. Notice of the release
 1876  must be provided to the applicant in the case of an emergency
 1877  admission or an alternative involuntary assessment for a minor,
 1878  or to the petitioner and the court if the involuntary assessment
 1879  or treatment was court ordered. In the case of a minor client,
 1880  the release must be:
 1881         (1) To the individual’s client’s parent, legal guardian, or
 1882  legal custodian or the authorized designee thereof;
 1883         (2) To the Department of Children and Family Services
 1884  pursuant to s. 39.401; or
 1885         (3) To the Department of Juvenile Justice pursuant to s.
 1886  984.13.
 1887         Section 31. Section 397.6773, Florida Statutes, is amended
 1888  to read:
 1889         397.6773 Dispositional alternatives after protective
 1890  custody.—
 1891         (1) An individual A client who is in protective custody
 1892  must be released by a qualified professional when:
 1893         (a) The individual client no longer meets the involuntary
 1894  admission criteria in s. 397.675(1);
 1895         (b) The 72-hour period has elapsed; or
 1896         (c) The individual client has consented to remain
 1897  voluntarily at the licensed service provider.
 1898         (2) An individual A client may only be retained in
 1899  protective custody beyond the 72-hour period when a petition for
 1900  involuntary assessment or treatment has been initiated. The
 1901  timely filing of the petition authorizes the service provider to
 1902  retain physical custody of the individual client pending further
 1903  order of the court.
 1904         Section 32. Section 397.6797, Florida Statutes, is amended
 1905  to read:
 1906         397.6797 Dispositional alternatives after emergency
 1907  admission.—Within 72 hours after an emergency admission to a
 1908  hospital or a licensed detoxification or addictions receiving
 1909  facility, the individual client must be assessed by the
 1910  attending physician to determine the need for further services.
 1911  Within 5 days after an emergency admission to a nonresidential
 1912  component of a licensed service provider, the individual client
 1913  must be assessed by a qualified professional to determine the
 1914  need for further services. Based upon that assessment, a
 1915  qualified professional of the hospital, detoxification facility,
 1916  or addictions receiving facility, or a qualified professional if
 1917  a less restrictive component was used, must either:
 1918         (1) Release the individual client and, where appropriate,
 1919  refer the individual client to other needed services; or
 1920         (2) Retain the individual client when:
 1921         (a) The individual client has consented to remain
 1922  voluntarily at the licensed provider; or
 1923         (b) A petition for involuntary assessment or treatment has
 1924  been initiated, the timely filing of which authorizes the
 1925  service provider to retain physical custody of the individual
 1926  client pending further order of the court.
 1927         Section 33. Section 397.6799, Florida Statutes, is amended
 1928  to read:
 1929         397.6799 Disposition of minor client upon completion of
 1930  alternative involuntary assessment.—A minor who has been
 1931  assessed pursuant to s. 397.6798 must, within the time
 1932  specified, be released or referred for further voluntary or
 1933  involuntary treatment, whichever is most appropriate to the
 1934  needs of the minor.
 1935         Section 34. Section 397.6819, Florida Statutes, is amended
 1936  to read:
 1937         397.6819 Involuntary assessment and stabilization;
 1938  responsibility of licensed service provider.—A licensed service
 1939  provider may admit an individual a client for involuntary
 1940  assessment and stabilization for a period not to exceed 5 days.
 1941  The individual client must be assessed without unnecessary delay
 1942  by a qualified professional. If an assessment is performed by a
 1943  qualified professional who is not a physician, the assessment
 1944  must be reviewed by a physician before prior to the end of the
 1945  assessment period.
 1946         Section 35. Section 397.6821, Florida Statutes, is amended
 1947  to read:
 1948         397.6821 Extension of time for completion of involuntary
 1949  assessment and stabilization.—If a licensed service provider is
 1950  unable to complete the involuntary assessment and, if necessary,
 1951  stabilization of an individual a client within 5 days after the
 1952  court’s order, it may, within the original time period, file a
 1953  written request for an extension of time to complete its
 1954  assessment, and shall, in accordance with confidentiality
 1955  requirements, furnish a copy to all parties. With or without a
 1956  hearing, the court may grant additional time, not to exceed 7
 1957  days after the date of the renewal order, for the completion of
 1958  the involuntary assessment and stabilization of the individual
 1959  client. The original court order authorizing the involuntary
 1960  assessment and stabilization, or a request for an extension of
 1961  time to complete the assessment and stabilization that is timely
 1962  filed pursuant to this section, constitutes legal authority to
 1963  involuntarily hold the individual client for a period not to
 1964  exceed 10 days in the absence of a court order to the contrary.
 1965         Section 36. Section 397.6822, Florida Statutes, is amended
 1966  to read:
 1967         397.6822 Disposition of individual client after involuntary
 1968  assessment.—Based upon the involuntary assessment, a qualified
 1969  professional of the hospital, detoxification facility, or
 1970  addictions receiving facility, or a qualified professional when
 1971  a less restrictive component has been used, must:
 1972         (1) Release the individual client and, where appropriate,
 1973  refer the individual client to another treatment facility or
 1974  service provider, or to community services;
 1975         (2) Allow the individual client, with consent if the client
 1976  has consented, to remain voluntarily at the licensed provider;
 1977  or
 1978         (3) Retain the individual client when a petition for
 1979  involuntary treatment has been initiated, the timely filing of
 1980  which authorizes the service provider to retain physical custody
 1981  of the individual client pending further order of the court.
 1982  
 1983  Adhering to federal confidentiality regulations, notice of
 1984  disposition must be provided to the petitioner and to the court.
 1985         Section 37. Subsections (1) and (3) of section 397.697,
 1986  Florida Statutes, are amended to read:
 1987         397.697 Court determination; effect of court order for
 1988  involuntary substance abuse treatment.—
 1989         (1) When the court finds that the conditions for
 1990  involuntary substance abuse treatment have been proved by clear
 1991  and convincing evidence, it may order the respondent to undergo
 1992  involuntary treatment by a licensed service provider for a
 1993  period not to exceed 60 days. If the court finds it necessary,
 1994  it may direct the sheriff to take the respondent into custody
 1995  and deliver him or her to the licensed service provider
 1996  specified in the court order, or to the nearest appropriate
 1997  licensed service provider, for involuntary treatment. When the
 1998  conditions justifying involuntary treatment no longer exist, the
 1999  individual client must be released as provided in s. 397.6971.
 2000  When the conditions justifying involuntary treatment are
 2001  expected to exist after 60 days of treatment, a renewal of the
 2002  involuntary treatment order may be requested pursuant to s.
 2003  397.6975 prior to the end of the 60-day period.
 2004         (3) An involuntary treatment order authorizes the licensed
 2005  service provider to require the individual client to undergo
 2006  such treatment as will benefit him or her, including treatment
 2007  at any licensable service component of a licensed service
 2008  provider.
 2009         Section 38. Section 397.6971, Florida Statutes, is amended
 2010  to read:
 2011         397.6971 Early release from involuntary substance abuse
 2012  treatment.—
 2013         (1) At any time prior to the end of the 60-day involuntary
 2014  treatment period, or prior to the end of any extension granted
 2015  pursuant to s. 397.6975, an individual a client admitted for
 2016  involuntary treatment may be determined eligible for discharge
 2017  to the most appropriate referral or disposition for the
 2018  individual client when:
 2019         (a) The individual client no longer meets the criteria for
 2020  involuntary admission and has given his or her informed consent
 2021  to be transferred to voluntary treatment status;
 2022         (b) If the individual client was admitted on the grounds of
 2023  likelihood of infliction of physical harm upon himself or
 2024  herself or others, such likelihood no longer exists; or
 2025         (c) If the individual client was admitted on the grounds of
 2026  need for assessment and stabilization or treatment, accompanied
 2027  by inability to make a determination respecting such need,
 2028  either:
 2029         1. Such inability no longer exists; or
 2030         2. It is evident that further treatment will not bring
 2031  about further significant improvements in the individual’s
 2032  client’s condition;
 2033         (d) The individual client is no longer in need of services;
 2034  or
 2035         (e) The director of the service provider determines that
 2036  the individual client is beyond the safe management capabilities
 2037  of the provider.
 2038         (2) Whenever a qualified professional determines that an
 2039  individual a client admitted for involuntary treatment is ready
 2040  for early release for any of the reasons listed in subsection
 2041  (1), the service provider shall immediately discharge the
 2042  individual client, and must notify all persons specified by the
 2043  court in the original treatment order.
 2044         Section 39. Section 397.6975, Florida Statutes, is amended
 2045  to read:
 2046         397.6975 Extension of involuntary substance abuse treatment
 2047  period.—
 2048         (1) Whenever a service provider believes that an individual
 2049  a client who is nearing the scheduled date of release from
 2050  involuntary treatment continues to meet the criteria for
 2051  involuntary treatment in s. 397.693, a petition for renewal of
 2052  the involuntary treatment order may be filed with the court at
 2053  least 10 days before prior to the expiration of the court
 2054  ordered treatment period. The court shall immediately schedule a
 2055  hearing to be held not more than 15 days after filing of the
 2056  petition. The court shall provide the copy of the petition for
 2057  renewal and the notice of the hearing to all parties to the
 2058  proceeding. The hearing is conducted pursuant to s. 397.6957.
 2059         (2) If the court finds that the petition for renewal of the
 2060  involuntary treatment order should be granted, it may order the
 2061  respondent to undergo involuntary treatment for a period not to
 2062  exceed an additional 90 days. When the conditions justifying
 2063  involuntary treatment no longer exist, the individual client
 2064  must be released as provided in s. 397.6971. When the conditions
 2065  justifying involuntary treatment continue to exist after 90 days
 2066  of additional treatment, a new petition requesting renewal of
 2067  the involuntary treatment order may be filed pursuant to this
 2068  section.
 2069         Section 40. Section 397.6977, Florida Statutes, is amended
 2070  to read:
 2071         397.6977 Disposition of individual client upon completion
 2072  of involuntary substance abuse treatment.—At the conclusion of
 2073  the 60-day period of court-ordered involuntary treatment, the
 2074  individual client is automatically discharged unless a motion
 2075  for renewal of the involuntary treatment order has been filed
 2076  with the court pursuant to s. 397.6975.
 2077         Section 41. Paragraph (e) of subsection (2) of section
 2078  397.702, Florida Statutes, is amended to read:
 2079         397.702 Authorization of local ordinances for treatment of
 2080  habitual abusers in licensed secure facilities.—
 2081         (2) Ordinances for the treatment of habitual abusers must
 2082  provide:
 2083         (e) That, if the individual client still meets the criteria
 2084  for involuntary admission in s. 397.675 at or near the
 2085  expiration of the treatment period ordered by the court pursuant
 2086  to paragraph (d), the agent of the county or municipality may
 2087  file another habitual abuser petition pursuant to paragraph (b)
 2088  for a period not exceeding 180 days for each such petition.
 2089         Section 42. Subsections (2) and (3) of section 397.706,
 2090  Florida Statutes, are amended to read:
 2091         397.706 Screening, assessment, and disposition of juvenile
 2092  offenders.—
 2093         (2) The juvenile and circuit courts, in conjunction with
 2094  department substate entity district administration, shall
 2095  establish policies and procedures to ensure that juvenile
 2096  offenders are appropriately screened for substance abuse
 2097  problems and that diversionary and adjudicatory proceedings
 2098  include appropriate conditions and sanctions to address
 2099  substance abuse problems. Policies and procedures must address:
 2100         (a) The designation of local service providers responsible
 2101  for screening and assessment services and dispositional
 2102  recommendations to the department and the court.
 2103         (b) The means by which juvenile offenders are processed to
 2104  ensure participation in screening and assessment services.
 2105         (c) The role of the court in securing assessments when
 2106  juvenile offenders or their families are noncompliant.
 2107         (d) Safeguards to ensure that information derived through
 2108  screening and assessment is used solely to assist in
 2109  dispositional decisions and not for purposes of determining
 2110  innocence or guilt.
 2111         (3) Because resources available to support screening and
 2112  assessment services are limited, the judicial circuits and
 2113  department substate entity district administration must develop
 2114  those capabilities to the extent possible within available
 2115  resources according to the following priorities:
 2116         (a) Juvenile substance abuse offenders.
 2117         (b) Juvenile offenders who are substance abuse impaired at
 2118  the time of the offense.
 2119         (c) Second or subsequent juvenile offenders.
 2120         (d) Minors taken into custody.
 2121         Section 43. Subsection (2) of section 397.801, Florida
 2122  Statutes, is amended to read:
 2123         397.801 Substance abuse impairment coordination.—
 2124         (2) The department shall establish, within each of its
 2125  substate entities service districts, the full-time position of
 2126  substance abuse impairment prevention coordinator, to be filled
 2127  by a person with expertise in the area of substance abuse
 2128  impairment. The primary responsibility of this person is to
 2129  develop and implement activities which foster the prevention of
 2130  substance abuse impairment.
 2131         Section 44. Subsections (1) and (3) of section 397.821,
 2132  Florida Statutes, are amended to read:
 2133         397.821 Juvenile substance abuse impairment prevention and
 2134  early intervention councils.—
 2135         (1) Each judicial circuit as set forth in s. 26.021 may
 2136  establish a juvenile substance abuse impairment prevention and
 2137  early intervention council composed of at least 12 members,
 2138  including representatives from law enforcement, the department,
 2139  school districts, state attorney and public defender offices,
 2140  the circuit court, the religious community, substance abuse
 2141  impairment professionals, child advocates from the community,
 2142  business leaders, parents, and high school students. However,
 2143  those circuits which already have in operation a council of
 2144  similar composition may designate the existing body as the
 2145  juvenile substance abuse impairment prevention and early
 2146  intervention council for the purposes of this section. Each
 2147  council shall establish bylaws providing for the length of term
 2148  of its members, but the term may not exceed 4 years. The
 2149  substate entity district administrator, as defined in s. 20.19,
 2150  and the chief judge of the circuit court shall each appoint six
 2151  members of the council. The substate entity district
 2152  administrator shall appoint a representative from the
 2153  department, a school district representative, a substance abuse
 2154  impairment treatment professional, a child advocate, a parent,
 2155  and a high school student. The chief judge of the circuit court
 2156  shall appoint a business leader and representatives from the
 2157  state attorney’s office, the public defender’s office, the
 2158  religious community, the circuit court, and law enforcement
 2159  agencies.
 2160         (3) The council shall provide recommendations to the
 2161  Program Director for Substance Abuse annually for consideration
 2162  for inclusion in the substance abuse district alcohol, drug
 2163  abuse, and mental health substate entity plans.
 2164         Section 45. Subsection (1), paragraph (c) of subsection
 2165  (2), and subsection (3) of section 397.94, Florida Statutes, are
 2166  amended to read:
 2167         397.94 Children’s substance abuse services; information and
 2168  referral network.—
 2169         (1) Each substate entity service district of the department
 2170  shall develop a plan for and implement a districtwide
 2171  comprehensive children’s substance abuse information and
 2172  referral network to be operational by July 1, 2000.
 2173         (2) The substate entity district shall determine the most
 2174  cost-effective method for delivering this service and may select
 2175  a new provider or utilize an existing provider or providers with
 2176  a record of success in providing information and referral
 2177  services.
 2178         (c) Develop and implement procedures for documenting
 2179  requests for services, including, but not limited to:
 2180         1. Number of calls by type of service requested, if any;
 2181         2. Ages of children for whom services are requested; and
 2182         3. Disposition on all referrals, including location of
 2183  resource if referred for face-to-face screening.
 2184         (3) In planning the information and referral network, the
 2185  substate entity district shall consider the establishment of a
 2186  24-hour toll-free telephone number to call for information and a
 2187  public service campaign to inform the public about the
 2188  information and referral service.
 2189         Section 46. Section 397.95, Florida Statutes, is amended to
 2190  read:
 2191         397.95 Children’s substance abuse services; services
 2192  provided by licensed providers.—Each substate entity service
 2193  district of the department shall ensure that all screening,
 2194  intake, assessment, enrollment, service planning, and case
 2195  management services provided under this part are provided by
 2196  children’s substance abuse services providers licensed under
 2197  part II of this chapter and in accordance with standards set
 2198  forth in department rules.
 2199         Section 47. Paragraph (a) of subsection (3) of section
 2200  397.97, Florida Statutes, is amended to read:
 2201         397.97 Children’s substance abuse services; demonstration
 2202  models.—
 2203         (3) PURCHASE OF SERVICES; OPERATION CRITERIA.—
 2204         (a) Each demonstration model shall be governed by a
 2205  multiagency consortium of state and county agencies or other
 2206  public agencies, or a community-based, not-for-profit substance
 2207  abuse or behavioral health network designated by the department,
 2208  hereafter referred to as the purchasing agent, which shall
 2209  purchase individualized services for children who are at risk of
 2210  substance abuse or have a substance abuse problem. Services
 2211  shall be based on client need rather than on traditional
 2212  services limited to narrowly defined cost centers or
 2213  appropriations categories. Approval to operate as a Children’s
 2214  Network of Care Demonstration Model shall be given by the
 2215  secretary of the department and shall be based on criteria
 2216  developed by the department.
 2217         Section 48. Paragraph (g) of subsection (2) of section
 2218  397.99, Florida Statutes, is amended to read:
 2219         397.99 School substance abuse prevention partnership
 2220  grants.—
 2221         (2) APPLICATION PROCEDURES; FUNDING REQUIREMENTS.—
 2222         (g) The department shall consider the following in awarding
 2223  such grants:
 2224         1. The number of youths that will be targeted.
 2225         2. The validity of the program design to achieve project
 2226  goals and objectives that are clearly related to performance
 2227  based program budgeting effectiveness measures.
 2228         3. The desirability of funding at least one approved
 2229  project in each of the department’s substate entities service
 2230  districts.
 2231         Section 49. Paragraphs (d) and (g) of subsection (1) of
 2232  section 440.102, Florida Statutes, are amended to read:
 2233         440.102 Drug-free workplace program requirements.—The
 2234  following provisions apply to a drug-free workplace program
 2235  implemented pursuant to law or to rules adopted by the Agency
 2236  for Health Care Administration:
 2237         (1) DEFINITIONS.—Except where the context otherwise
 2238  requires, as used in this act:
 2239         (d) “Drug rehabilitation program” means a service provider,
 2240  established pursuant to s. 397.311(33) s. 397.311(28), that
 2241  provides confidential, timely, and expert identification,
 2242  assessment, and resolution of employee drug abuse.
 2243         (g) “Employee assistance program” means an established
 2244  program capable of providing expert assessment of employee
 2245  personal concerns; confidential and timely identification
 2246  services with regard to employee drug abuse; referrals of
 2247  employees for appropriate diagnosis, treatment, and assistance;
 2248  and followup services for employees who participate in the
 2249  program or require monitoring after returning to work. If, in
 2250  addition to the above activities, an employee assistance program
 2251  provides diagnostic and treatment services, these services shall
 2252  in all cases be provided by service providers pursuant to s.
 2253  397.311(33) s. 397.311(28).
 2254         Section 50. Paragraph (a) of subsection (1) of section
 2255  766.101, Florida Statutes, is amended to read:
 2256         766.101 Medical review committee, immunity from liability.—
 2257         (1) As used in this section:
 2258         (a) The term “medical review committee” or “committee”
 2259  means:
 2260         1.a. A committee of a hospital or ambulatory surgical
 2261  center licensed under chapter 395 or a health maintenance
 2262  organization certificated under part I of chapter 641,
 2263         b. A committee of a physician-hospital organization, a
 2264  provider-sponsored organization, or an integrated delivery
 2265  system,
 2266         c. A committee of a state or local professional society of
 2267  health care providers,
 2268         d. A committee of a medical staff of a licensed hospital or
 2269  nursing home, provided the medical staff operates pursuant to
 2270  written bylaws that have been approved by the governing board of
 2271  the hospital or nursing home,
 2272         e. A committee of the Department of Corrections or the
 2273  Correctional Medical Authority as created under s. 945.602, or
 2274  employees, agents, or consultants of either the department or
 2275  the authority or both,
 2276         f. A committee of a professional service corporation formed
 2277  under chapter 621 or a corporation organized under chapter 607
 2278  or chapter 617, which is formed and operated for the practice of
 2279  medicine as defined in s. 458.305(3), and which has at least 25
 2280  health care providers who routinely provide health care services
 2281  directly to patients,
 2282         g.A committee of the Department of Children and Family
 2283  Services which includes employees, agents, or consultants to the
 2284  department as deemed necessary to provide peer review,
 2285  utilization review, and mortality review of treatment services
 2286  provided pursuant to chapters 394, 397, and 916,
 2287         h.g. A committee of a mental health treatment facility
 2288  licensed under chapter 394 or a community mental health center
 2289  as defined in s. 394.907, provided the quality assurance program
 2290  operates pursuant to the guidelines which have been approved by
 2291  the governing board of the agency,
 2292         i.h. A committee of a substance abuse treatment and
 2293  education prevention program licensed under chapter 397 provided
 2294  the quality assurance program operates pursuant to the
 2295  guidelines which have been approved by the governing board of
 2296  the agency,
 2297         j.i. A peer review or utilization review committee
 2298  organized under chapter 440,
 2299         k.j. A committee of the Department of Health, a county
 2300  health department, healthy start coalition, or certified rural
 2301  health network, when reviewing quality of care, or employees of
 2302  these entities when reviewing mortality records, or
 2303         l.k. A continuous quality improvement committee of a
 2304  pharmacy licensed pursuant to chapter 465,
 2305  
 2306  which committee is formed to evaluate and improve the quality of
 2307  health care rendered by providers of health service, or to
 2308  determine that health services rendered were professionally
 2309  indicated or were performed in compliance with the applicable
 2310  standard of care, or that the cost of health care rendered was
 2311  considered reasonable by the providers of professional health
 2312  services in the area; or
 2313         2. A committee of an insurer, self-insurer, or joint
 2314  underwriting association of medical malpractice insurance, or
 2315  other persons conducting review under s. 766.106.
 2316         Section 51. Section 394.9081, Florida Statutes, is
 2317  repealed.
 2318         Section 52. This act shall take effect July 1, 2009.