Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 2612
Barcode 221870
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/25/2009 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Children, Families, and Elder Affairs (Wise)
recommended the following:
1 Senate Amendment
2
3 Delete lines 558 - 742
4 and insert:
5 (a) “Clinical treatment” means a professionally directed,
6 deliberate and planned regimen of services and interventions
7 that are designed to reduce or eliminate the misuse of drugs and
8 alcohol and promote a healthy, drug-free lifestyle. As defined
9 by rule, “clinical treatment services” shall include, but not be
10 limited to, the following licensable service components:
11 1. “Addictions receiving facility” is a secure, acute-care
12 facility operated 24 hours-per-day, 7 days-per-week, designated
13 by the department to serve individuals found to be substance use
14 impaired as described in s. 397.675 and who meet the placement
15 criteria for this component.
16 2. “Day or night treatment” is a service provided in a
17 nonresidential environment with a structured schedule of
18 treatment and rehabilitative services.
19 3. “Day or night treatment with community housing” means a
20 program intended for individuals who can benefit from living
21 independently in peer community housing while participating in
22 treatment services for a minimum of 5 hours a day for a minimum
23 of 25 hours per week.
24 4. “Detoxification” is a service involving subacute care
25 that is provided on an inpatient or an outpatient basis to
26 assist individuals to withdraw from the physiological and
27 psychological effects of substance use disorders and who meet
28 the placement criteria for this component.
29 5. “Intensive inpatient treatment” includes a planned
30 regimen of evaluation, observation, medical monitoring, and
31 clinical protocols delivered through an interdisciplinary team
32 approach provided 24 hours-per-day, 7 days-per-week, in a highly
33 structured, live-in environment.
34 6. “Intensive outpatient treatment” is a service that
35 provides individual or group counseling in a more structured
36 environment, is of higher intensity and duration than outpatient
37 treatment, and is provided to individuals who meet the placement
38 criteria for this component.
39 7. “Medication-assisted treatment for opiate addiction” is
40 a service that uses methadone or other medication as authorized
41 by state and federal law, in combination with medical,
42 rehabilitative, and counseling services in the treatment of
43 individuals who are dependent on opioid drugs.
44 8. “Outpatient treatment” is a service that provides
45 individual, group, or family counseling by appointment during
46 scheduled operating hours for individuals who meet the placement
47 criteria for this component.
48 9. “Residential treatment” is a service provided in a
49 structured live-in environment within a nonhospital setting on a
50 24 hours-per-day, 7 days-per-week basis, and is intended for
51 individuals who meet the placement criteria for this component.
52 (b) “Intervention” means structured services targeted
53 toward individuals or groups at risk of substance abuse and
54 focused on reducing or impeding those factors associated with
55 the onset or the early stages of substance use and related
56 problems.
57 (c) “Prevention” means a process involving strategies aimed
58 at the individual, family, community, or substance, that
59 precludes, forestalls, or impedes the development of substance
60 use problems and promotes responsible lifestyles.
61 (a) Addictions receiving facility, which is a community
62 based facility designated by the department to receive, screen,
63 and assess clients found to be substance abuse impaired, in need
64 of emergency treatment for substance abuse impairment, or
65 impaired by substance abuse to such an extent as to meet the
66 criteria for involuntary admission in s. 397.675, and to provide
67 detoxification and stabilization. An addictions receiving
68 facility must be state-owned, state-operated, or state
69 contracted, and licensed pursuant to rules adopted by the
70 department’s Substance Abuse Program Office which include
71 specific authorization for the provision of levels of care and a
72 requirement of separate accommodations for adults and minors.
73 Addictions receiving facilities are designated as secure
74 facilities to provide an intensive level of care and must have
75 sufficient staff and the authority to provide environmental
76 security to handle aggressive and difficult-to-manage behavior
77 and deter elopement.
78 (b) Detoxification, which uses medical and psychological
79 procedures and a supportive counseling regimen to assist clients
80 in managing toxicity and withdrawing and stabilizing from the
81 physiological and psychological effects of substance abuse
82 impairment.
83 (c) Intensive inpatient treatment, which includes a planned
84 regimen of professionally directed evaluation, observation,
85 medical monitoring, and clinical protocols provided 24 hours per
86 day, 7 days per week, in a highly structured, live-in
87 environment.
88 (d) Residential treatment, which provides a structured,
89 live-in environment within a nonhospital setting on a 24-hours
90 a-day, 7-days-a-week basis, and which includes:
91 1. Facilities that provide room and board and treatment and
92 rehabilitation within the primary residential facility; and
93 2. Facilities that are used for room and board only and in
94 which treatment and rehabilitation activities are provided on a
95 mandatory basis at locations other than the primary residential
96 facility. In this case, facilities used for room and board and
97 for treatment and rehabilitation are operated under the auspices
98 of the same provider, and licensing and regulatory requirements
99 would apply to both the residential facility and all other
100 facilities in which treatment and rehabilitation activities
101 occur.
102 (e) Day and night treatment, which provides a
103 nonresidential environment with a structured schedule of
104 treatment and rehabilitation services.
105 (f) Outpatient treatment, which provides individual, group,
106 or family counseling for clients by appointment during scheduled
107 operating hours, with an emphasis on assessment and treatment.
108 (g) Medication and methadone maintenance treatment that
109 uses methadone or other medication as authorized by state and
110 federal law, in conjunction with medical, rehabilitative, and
111 counseling services in the treatment of clients who are
112 dependent upon opioid drugs.
113 (h) Prevention, which is a process involving strategies
114 aimed at the individual, the environment, or the substance,
115 which strategies preclude, forestall, or impede the development
116 of substance abuse problems and promote responsible personal and
117 social growth of individuals and families toward full human
118 potential.
119 (i) Intervention, which consists of structured services
120 targeted toward individuals or groups at risk and focused on
121 reducing those factors associated with the onset or the early
122 stages of substance abuse, and related problems.
123 (18) “Medication-Assisted Treatment (MAT)” is the use of
124 medications approved by the United States Food and Drug
125 Administration, in combination with counseling and behavioral
126 therapies, to provide a holistic approach to the treatment of
127 substance use disorders.
128 (19) “Medical monitoring” means oversight and treatment, 24
129 hours per day by medical personnel who are licensed under
130 chapter 458, chapter 459, or chapter 464, of individuals clients
131 whose subacute biomedical, emotional, psychosocial, behavioral,
132 or cognitive problems are so severe that the individuals clients
133 require intensive inpatient treatment by an interdisciplinary
134 team.
135 (20) “Not for profit” means registered as not for profit by
136 the Secretary of State and recognized by the Internal Revenue
137 Service as a not-for-profit entity.
138 (21) “Physician” means a person licensed under chapter 458
139 to practice medicine or licensed under chapter 459 to practice
140 osteopathic medicine, and may include, if the context so
141 indicates, an intern or resident enrolled in an intern or
142 resident training program affiliated with an approved medical
143 school, hospital, or other facility through which training
144 programs are normally conducted.
145 (22) “Preliminary screening” means the gathering of initial
146 information to be used in determining a person’s need for
147 assessment or for referral.
148 (22)(23) “Private practitioner” means a physician licensed
149 under chapter 458 or chapter 459, a psychologist licensed under
150 chapter 490, or a clinical social worker, marriage and family
151 therapist, or mental health counselor licensed under chapter
152 491.
153 (23)(24) “Program evaluation” or “evaluation” means a
154 systematic measurement of a service provider’s achievement of
155 desired individual client or service outcomes.
156 (24)(25) “Qualified professional” means a physician
157 licensed under chapter 458 or chapter 459; a professional
158 licensed under chapter 490 or chapter 491; an advanced
159 registered nurse practitioner licensed under part I of chapter
160 464; or a person who is certified through a department
161 recognized certification process for substance abuse treatment
162 services and who holds, at a minimum, a bachelor’s degree. A
163 person who is certified in substance abuse treatment services by
164 a state-recognized certification process in another state at the
165 time of employment with a licensed substance abuse provider in
166 this state may perform the functions of a qualified professional
167 as defined in this chapter but must meet certification
168 requirements contained in this subsection no later than 1 year
169 after his or her date of employment.
170 (25) “Quality improvement” means a systematic and organized
171 approach to monitor and continuously improve the quality of
172 services in order to maintain, restore, or improve outcomes in
173 individuals and populations throughout a system of care.
174 (26) “Recovery” means a process of personal change through
175 which individuals achieve abstinence from alcohol or drug use
176 and improve health, wellness, and quality of life.
177 (27) “Recovery support” means services designed to
178 strengthen or assist individuals to regain skills, develop the
179 environmental supports necessary to help the individual thrive
180 in the community, and meet life goals that promote recovery from
181 alcohol and drug use. These services include, but are not
182 limited to, economic, vocational, employment, educational,
183 housing, and other ancillary services.
184 (28) “Screening” means the gathering of initial information
185 to be used in determining a person’s need for assessment,
186 services, or referral.
187 (26) “Quality assurance” means the objective and internal
188 systematic monitoring of the appropriateness and quality of
189 client care rendered by a service provider.
190 (29)(27) “Secure facility,” except where the context
191 indicates a correctional system facility, means a provider that
192 has the authority to deter the premature departure of
193 involuntary individuals clients whose leaving constitutes a
194 violation of a court order or community-based supervision as
195 provided by law. The term “secure facility” includes addictions
196 receiving facilities and facilities authorized by local
197 ordinance for the treatment of habitual abusers.
198 (30) “Service component” or “component” means a discrete
199 operational entity within a service provider that is subject to
200 licensing as defined by rule. Service components include
201 prevention, intervention, and clinical treatment described in
202 subsection (17).
203 (31)(28) “Service provider” or “provider” means a public
204 agency, a private for-profit or not-for-profit agency, a person
205 who is a private practitioner, or a hospital licensed under this
206 chapter or exempt from licensure under this chapter.
207 (32)(29) “Service provider personnel” or “personnel”
208 includes all owners, directors, chief financial officers, staff,
209 and volunteers, including foster parents, of a service provider.
210 (33)(30) “Stabilization” means:
211 (a) Alleviation of a crisis condition; or
212 (b) Prevention of further deterioration,
213
214 and connotes short-term emergency treatment.
215 (34) “Substate entity” means a departmental office
216 designated to serve a geographical area specified by the
217 department.
218 (35) “System of care” means a coordinated continuum of
219 community-based services and supports that are organized to meet
220 the challenges and needs of individuals who are at risk of
221 developing substance abuse problems or individuals who have
222 substance abuse problems.
223 (36) “Treatment plan” means an immediate and a long-range
224 plan based upon an individual’s assessed needs and used to
225 address and monitor an individual’s recovery from substance
226 abuse.