Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2612
       
       
       
       
       
       
                                Barcode 221870                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2009           .                                
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       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.