CS/HB 1493

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

CODING: Words stricken are deletions; words underlined are additions.