Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 998
Ì561784EÎ561784
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/19/2016 .
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The Committee on Health Policy (Gaetz) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 394.88, Florida Statutes, is created to
6 read:
7 394.88 Adolescent and child residential treatment
8 programs.—
9 (1) The purpose of an adolescent and child residential
10 treatment program is to offer room and board and to provide, or
11 arrange for the provision of, specialized treatment, specialized
12 therapies as defined in s. 393.063, and services for
13 rehabilitation or habilitation as defined in s. 393.063, for
14 adolescents and children with emotional, psychological,
15 developmental, or behavioral problems or disorders, or substance
16 abuse problems. In an adolescent and child residential treatment
17 program, adolescents and children are assisted in acquiring the
18 social and behavioral skills necessary for a healthy adjustment
19 to school, family life, and community.
20 (2) As used in this section, the term:
21 (a) “Adolescent and child residential treatment program” or
22 “program” means a privately owned and operated 24-hour group
23 living environment for four or more adolescents or children
24 unrelated to the owner or provider.
25 (b) “Program resident” or “resident” means an adolescent or
26 child at least 6 and no more than 18 years of age who enrolls
27 and participates in a program.
28 (3) An adolescent and child residential treatment program
29 must be licensed by the Agency for Health Care Administration in
30 accordance with part II of chapter 408. The department, in
31 consultation with the agency and the Agency for Persons with
32 Disabilities, shall establish by rule requirements for
33 licensure, administration, and operation of programs and program
34 facilities consistent with this section.
35 (4)(a) A program must employ a licensed psychiatrist or a
36 psychologist licensed under chapter 490 as the director of the
37 program. The director is responsible for the operation of the
38 program, the program facility, and the day-to-day supervision of
39 program residents. The director or a member of program staff
40 appointed by the director as his or her substitute must be
41 present at the program facility at all times. The director shall
42 maintain on site a current list of all program residents.
43 (b) Program staff must include, in addition to the
44 director, physicians licensed under chapter 458 or chapter 459,
45 psychologists licensed under chapter 490 or chapter 491, mental
46 health counselors licensed under chapter 491, or advanced
47 registered nurse practitioners licensed under part 1 of chapter
48 464 and certified under s. 464.012 who have been trained in
49 providing medical services and treatment to adolescents and
50 children to serve as professional program staff providing
51 treatment to residents. Such professional program staff must be
52 specifically trained in providing medical services and treatment
53 to adolescents and children diagnosed with mental health and
54 substance abuse problems and to residents with disabilities if
55 the program serves these populations. A program must have a
56 minimum of two such professional staff members on duty at all
57 times and must maintain a professional staff-to-resident ratio
58 of no less than 1 to 4 during awake hours. All program staff,
59 professional and non-professional, and all providers who may be
60 contracted to provide services to residents must undergo a level
61 2 background screening before engaging in any activity that
62 brings them into contact with a resident. The department may
63 establish by rule further staffing requirements to ensure
64 resident safety and service delivery consistent with this
65 section.
66 (5) A program must ensure that a treatment plan exists for
67 each resident. The treatment plan must be reviewed and signed at
68 the time a resident enrolls and periodically after enrollment,
69 as provided in the treatment plan, by the director of the
70 program and the resident’s parent or legal guardian. The
71 department may establish by rule further requirements relating
72 to the treatment and care of residents consistent with this
73 section.
74 (6) A program must maintain written documentation of
75 compliance with the following local requirements, as applicable:
76 (a) Zoning ordinances.
77 (b) Business license requirements.
78 (c) Building codes.
79 (d) Firesafety codes and standards.
80 (e) Health codes.
81 (f) Approval from appropriate governmental agencies for new
82 program services or increased consumer capacity.
83
84 A program facility that provides services to residents with
85 disabilities must be located where schools, churches, recreation
86 facilities, and other community facilities are available. The
87 department may establish by rule further requirements relating
88 to the program facility, including, but not limited to, interior
89 and exterior building dimensions, housing and kitchen standards,
90 meal plan guidelines, medication management, resident privacy
91 and accountability for his or her personal effects, and
92 cleanliness and safety standards, consistent with this section.
93 (7) A program must:
94 (a) Provide a curriculum approved by the Department of
95 Education to residents. A program that provides its own school
96 must be recognized and approved by the State Board of Education,
97 the Southern Association of Colleges and Schools, or another
98 educational accreditation organization.
99 (b) Conduct individual, group, couple, and family
100 counseling sessions or other appropriate treatment, including
101 skills development therapy, at least weekly, or more often if
102 required by a resident’s treatment plan. The program must
103 document the time, date, and nature of such services, including
104 the signature of the counselor providing them, in the individual
105 record for each resident.
106 Section 2. Section 394.89, Florida Statutes, is created to
107 read:
108 394.89 Adolescent and child outdoor programs.—
109 (1) The purpose of an adolescent and child outdoor program
110 is to offer wilderness hiking and camping experiences through
111 program field group activities and expeditions as a form of
112 rehabilitation and treatment for adolescents or children with
113 emotional, psychological, developmental, or behavioral problems
114 or disorders, or substance abuse problems. In an adolescent and
115 child outdoor program, adolescents and children are assisted in
116 acquiring the social and behavioral skills necessary for a
117 healthy adjustment to school, family life, and community.
118 (2) As used in this section, the term:
119 (a) “Adolescent and child outdoor program” or “program”
120 means a privately owned and operated 24-hour group wilderness
121 hiking and camping experience for four or more adolescents or
122 children unrelated to the owner or provider. A program may be
123 established independently or as an adjunct and subsidiary of an
124 adolescent and child residential treatment program established
125 pursuant to s. 394.88.
126 (b) “Program participant” or “participant” means an
127 adolescent or child at least 6 and no more than 18 years of age
128 who enrolls and participates in a program. The term does not
129 include the parent or contracting agent that enrolls the
130 adolescent or child in the program.
131 (3)(a) An adolescent and child outdoor program must be
132 licensed by the Agency for Health Care Administration in
133 accordance with part II of chapter 408. The department, in
134 consultation with the agency and the Agency for Persons with
135 Disabilities, shall establish by rule requirements for
136 licensure, administration, and operation of programs consistent
137 with this section. All local, state, and federal regulations and
138 professional licensing requirements must be met by a program as
139 a condition of licensure by the agency. The agency must review
140 and approve a program’s training plan specifying the program’s
141 goals and methodologies. The training plan must include
142 provisions governing a participant’s conduct and the
143 consequences for his or her conduct while enrolled in the
144 program.
145 (b) A program must provide an educational component
146 approved by the Department of Education to a participant who is
147 absent from his or her school or educational setting for more
148 than 30 days. Before enrolling a participant, the program
149 supervisor must coordinate with the local school board to
150 provide an educational component as part of the participant’s
151 program experience. To offer educational credit to participants,
152 the program must be recognized and approved by the State Board
153 of Education.
154 (4)(a) A program must employ a licensed psychiatrist or a
155 psychologist licensed under chapter 490 as its program
156 supervisor. The program supervisor is responsible for and has
157 authority over the policies and activities of the program. The
158 program supervisor shall coordinate office and support services,
159 supervise the operations of the program, and ensure that all
160 program staff are adequately trained. The program supervisor
161 shall maintain on file at all times enrollment records of all
162 participants and a current list of participants, including each
163 participant’s group field activity or expedition and his or her
164 geographic location. The list must be updated every 24 hours.
165 The program supervisor must develop and sign a written plan for
166 each group field activity and expedition. Plans must not expose
167 participants to unreasonable risks.
168 (b) Each group field activity or expedition must have field
169 staff working directly with the participants. A program must
170 have field support staff members who are responsible for the
171 delivery of supplies to the field, mail delivery,
172 communications, and first aid support.
173 (c) Each program must provide its participants access to a
174 multidisciplinary team of licensed health care providers and
175 licensed mental health counselors who have been trained in
176 providing medical services and treatment to adolescents and
177 children and which includes, at a minimum, the following:
178 1. A physician licensed under chapter 458 or chapter 459.
179 2. At least one of the following:
180 a. A psychologist licensed under chapter 490 or chapter
181 491.
182 b. A licensed clinical social worker.
183 c. A mental health counselor licensed under chapter 491.
184 d. A licensed marriage and family therapist.
185 e. A certified school counselor.
186 (d) All program staff, professional and non-professional,
187 and all providers who may be contracted to provide services to
188 participants must undergo a level 2 background screening before
189 engaging in any activity that brings them into contact with a
190 participant. The department may establish by rule further
191 staffing requirements consistent with this section.
192 Section 3. This act shall take effect July 1, 2016.
193
194 ================= T I T L E A M E N D M E N T ================
195 And the title is amended as follows:
196 Delete everything before the enacting clause
197 and insert:
198 A bill to be entitled
199 An act relating to adolescent and child treatment
200 programs; creating s. 394.88, F.S.; providing purpose
201 of adolescent and child residential treatment
202 programs; defining terms; requiring licensure by the
203 Agency for Health Care Administration; requiring the
204 Department of Children and Families to adopt rules for
205 the licensure, administration, and operation of
206 programs and program facilities; providing staffing
207 requirements; requiring a treatment plan for each
208 resident; requiring a review of treatment plans;
209 requiring written documentation of compliance with
210 certain local requirements; providing location
211 requirements for program facilities under certain
212 circumstances; authorizing the department to establish
213 certain requirements; requiring a program to provide a
214 curriculum; requiring a program to conduct certain
215 counseling sessions; creating s. 394.89, F.S.;
216 providing purpose of adolescent and child outdoor
217 programs; defining terms; requiring licensure by the
218 agency; requiring the department to adopt rules for
219 the licensure, administration, and operation of
220 programs; providing regulations and licensing
221 requirements for programs; providing administrative
222 requirements for programs; requiring programs to have
223 an educational component approved by the Department of
224 Education under certain circumstances; providing
225 requirements and qualifications for program staff;
226 requiring the program supervisor to maintain a current
227 list and enrollment records of all participants;
228 requiring program supervisors to develop a written
229 plan for each field group activity and expedition;
230 providing an effective date.