Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2612
       
       
       
       
       
       
                                Barcode 853854                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/15/2009           .                                
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       The Committee on Health Regulation (Altman) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (e) of subsection (5) of section
    6  212.055, Florida Statutes, is amended to read:
    7         212.055 Discretionary sales surtaxes; legislative intent;
    8  authorization and use of proceeds.—It is the legislative intent
    9  that any authorization for imposition of a discretionary sales
   10  surtax shall be published in the Florida Statutes as a
   11  subsection of this section, irrespective of the duration of the
   12  levy. Each enactment shall specify the types of counties
   13  authorized to levy; the rate or rates which may be imposed; the
   14  maximum length of time the surtax may be imposed, if any; the
   15  procedure which must be followed to secure voter approval, if
   16  required; the purpose for which the proceeds may be expended;
   17  and such other requirements as the Legislature may provide.
   18  Taxable transactions and administrative procedures shall be as
   19  provided in s. 212.054.
   20         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
   21  s. 125.011(1) may levy the surtax authorized in this subsection
   22  pursuant to an ordinance either approved by extraordinary vote
   23  of the county commission or conditioned to take effect only upon
   24  approval by a majority vote of the electors of the county voting
   25  in a referendum. In a county as defined in s. 125.011(1), for
   26  the purposes of this subsection, “county public general
   27  hospital” means a general hospital as defined in s. 395.002
   28  which is owned, operated, maintained, or governed by the county
   29  or its agency, authority, or public health trust.
   30         (e) A governing board, agency, or authority shall be
   31  chartered by the county commission upon this act becoming law.
   32  The governing board, agency, or authority shall adopt and
   33  implement a health care plan for indigent health care services.
   34  The governing board, agency, or authority shall consist of no
   35  more than seven and no fewer than five members appointed by the
   36  county commission. The members of the governing board, agency,
   37  or authority shall be at least 18 years of age and residents of
   38  the county. No member may be employed by or affiliated with a
   39  health care provider or the public health trust, agency, or
   40  authority responsible for the county public general hospital.
   41  The following community organizations shall each appoint a
   42  representative to a nominating committee: the South Florida
   43  Hospital and Healthcare Association, the Miami-Dade County
   44  Public Health Trust, the Dade County Medical Association, the
   45  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
   46  County. This committee shall nominate between 10 and 14 county
   47  citizens for the governing board, agency, or authority. The
   48  slate shall be presented to the county commission and the county
   49  commission shall confirm the top five to seven nominees,
   50  depending on the size of the governing board. Until such time as
   51  the governing board, agency, or authority is created, the funds
   52  provided for in subparagraph (d)2. shall be placed in a
   53  restricted account set aside from other county funds and not
   54  disbursed by the county for any other purpose.
   55         1. The plan shall divide the county into a minimum of four
   56  and maximum of six service areas, with no more than one
   57  participant hospital per service area. The county public general
   58  hospital shall be designated as the provider for one of the
   59  service areas. Services shall be provided through participants’
   60  primary acute care facilities.
   61         2. The plan and subsequent amendments to it shall fund a
   62  defined range of health care services for both indigent persons
   63  and the medically poor, including primary care, preventive care,
   64  hospital emergency room care, and hospital care necessary to
   65  stabilize the patient. For the purposes of this section,
   66  “stabilization” means stabilization as defined in s. 397.311(35)
   67  s. 397.311(30). Where consistent with these objectives, the plan
   68  may include services rendered by physicians, clinics, community
   69  hospitals, and alternative delivery sites, as well as at least
   70  one regional referral hospital per service area. The plan shall
   71  provide that agreements negotiated between the governing board,
   72  agency, or authority and providers shall recognize hospitals
   73  that render a disproportionate share of indigent care, provide
   74  other incentives to promote the delivery of charity care to draw
   75  down federal funds where appropriate, and require cost
   76  containment, including, but not limited to, case management.
   77  From the funds specified in subparagraphs (d)1. and 2. for
   78  indigent health care services, service providers shall receive
   79  reimbursement at a Medicaid rate to be determined by the
   80  governing board, agency, or authority created pursuant to this
   81  paragraph for the initial emergency room visit, and a per-member
   82  per-month fee or capitation for those members enrolled in their
   83  service area, as compensation for the services rendered
   84  following the initial emergency visit. Except for provisions of
   85  emergency services, upon determination of eligibility,
   86  enrollment shall be deemed to have occurred at the time services
   87  were rendered. The provisions for specific reimbursement of
   88  emergency services shall be repealed on July 1, 2001, unless
   89  otherwise reenacted by the Legislature. The capitation amount or
   90  rate shall be determined prior to program implementation by an
   91  independent actuarial consultant. In no event shall such
   92  reimbursement rates exceed the Medicaid rate. The plan must also
   93  provide that any hospitals owned and operated by government
   94  entities on or after the effective date of this act must, as a
   95  condition of receiving funds under this subsection, afford
   96  public access equal to that provided under s. 286.011 as to any
   97  meeting of the governing board, agency, or authority the subject
   98  of which is budgeting resources for the retention of charity
   99  care, as that term is defined in the rules of the Agency for
  100  Health Care Administration. The plan shall also include
  101  innovative health care programs that provide cost-effective
  102  alternatives to traditional methods of service and delivery
  103  funding.
  104         3. The plan’s benefits shall be made available to all
  105  county residents currently eligible to receive health care
  106  services as indigents or medically poor as defined in paragraph
  107  (4)(d).
  108         4. Eligible residents who participate in the health care
  109  plan shall receive coverage for a period of 12 months or the
  110  period extending from the time of enrollment to the end of the
  111  current fiscal year, per enrollment period, whichever is less.
  112         5. At the end of each fiscal year, the governing board,
  113  agency, or authority shall prepare an audit that reviews the
  114  budget of the plan, delivery of services, and quality of
  115  services, and makes recommendations to increase the plan’s
  116  efficiency. The audit shall take into account participant
  117  hospital satisfaction with the plan and assess the amount of
  118  poststabilization patient transfers requested, and accepted or
  119  denied, by the county public general hospital.
  120         Section 2. Subsection (21) of section 394.67, Florida
  121  Statutes, is amended to read:
  122         394.67 Definitions.—As used in this part, the term:
  123         (21) “Residential treatment center for children and
  124  adolescents” means a 24-hour residential program, including a
  125  therapeutic group home, which provides mental health services to
  126  emotionally disturbed children or adolescents as defined in s.
  127  394.492(5) or (6) and which is a private for-profit or not-for
  128  profit corporation licensed by the agency under contract with
  129  the department which offers a variety of treatment modalities in
  130  a more restrictive setting.
  131         Section 3. Section 394.674, Florida Statutes, is amended to
  132  read:
  133         394.674 Clinical Eligibility for publicly funded substance
  134  abuse and mental health services; fee collection requirements.—
  135         (1) To be eligible to receive substance abuse and mental
  136  health services funded by the department, an individual a person
  137  must be a member of at least one of the department’s priority
  138  populations target groups approved by the Legislature, pursuant
  139  to s. 216.0166. The priority populations include:
  140         (a)For adult mental health services:
  141         1.Adults who have severe and persistent mental illness, as
  142  designated by the department using criteria that include
  143  severity of diagnosis, duration of the mental illness, ability
  144  to independently perform activities of daily living, and receipt
  145  of disability income for a psychiatric condition. Included
  146  within this group are:
  147         a.Older adults in crisis.
  148         b.Older adults who are at risk of being placed in a more
  149  restrictive environment because of their mental illness.
  150         c.Persons deemed incompetent to proceed or not guilty by
  151  reason of insanity under chapter 916.
  152         d.Other persons involved in the criminal justice system.
  153         e.Persons diagnosed as having co-occurring mental illness
  154  and substance abuse disorders.
  155         2.Persons who are experiencing an acute mental or
  156  emotional crisis as defined in s. 394.67(17).
  157         (b)For children’s mental health services:
  158         1.Children who are at risk of emotional disturbance as
  159  defined in s. 394.492(4).
  160         2.Children who have an emotional disturbance as defined in
  161  s. 394.492(5).
  162         3.Children who have a serious emotional disturbance as
  163  defined in s. 394.492(6).
  164         4.Children diagnosed as having a co-occurring substance
  165  abuse and emotional disturbance or serious emotional
  166  disturbance.
  167         (c)For substance abuse treatment services:
  168         1.Adults who have substance abuse disorders and a history
  169  of intravenous drug use.
  170         2.Persons diagnosed as having co-occurring substance abuse
  171  and mental health disorders.
  172         3.Parents who put children at risk due to a substance
  173  abuse disorder.
  174         4.Persons who have a substance abuse disorder and have
  175  been ordered by the court to receive treatment.
  176         5.Children at risk for initiating drug use.
  177         6.Children under state supervision.
  178         7.Children who have a substance abuse disorder but who are
  179  not under the supervision of a court or in the custody of a
  180  state agency.
  181         8.Persons identified as being part of a priority
  182  population as a condition for receiving services funded through
  183  the Center for Mental Health Services and Substance Abuse
  184  Prevention and Treatment Block Grants.
  185         (2) Crisis services, as defined in s. 394.67, must, within
  186  the limitations of available state and local matching resources,
  187  be available to each person who is eligible for services under
  188  subsection (1), regardless of the person’s ability to pay for
  189  such services. A person who is experiencing a mental health
  190  crisis and who does not meet the criteria for involuntary
  191  examination under s. 394.463(1), or a person who is experiencing
  192  a substance abuse crisis and who does not meet the involuntary
  193  admission criteria in s. 397.675, must contribute to the cost of
  194  his or her care and treatment pursuant to the sliding fee scale
  195  developed under subsection (4), unless charging a fee is
  196  contraindicated because of the crisis situation.
  197         (3) Mental health services, substance abuse services, and
  198  crisis services, as defined in s. 394.67, must, within the
  199  limitations of available state and local matching resources, be
  200  available to each person who is eligible for services under
  201  subsection (1). Such person must contribute to the cost of his
  202  or her care and treatment pursuant to the sliding fee scale
  203  developed under subsection (4).
  204         (4) The department shall adopt rules to implement client
  205  the clinical eligibility, client enrollment, and fee collection
  206  requirements for publicly funded substance abuse and mental
  207  health services.
  208         (a) The rules must require that each provider under
  209  contract with the department which enrolls eligible persons into
  210  treatment to develop a sliding fee scale for persons who have a
  211  net family income at or above 150 percent of the Federal Poverty
  212  Income Guidelines, unless otherwise required by state or federal
  213  law. The sliding fee scale must use the uniform schedule of
  214  discounts by which a provider under contract with the department
  215  discounts its established client charges for services supported
  216  with state, federal, or local funds, using, at a minimum,
  217  factors such as family income, financial assets, and family size
  218  as declared by the person or the person’s guardian. The rules
  219  must include uniform criteria to be used by all service
  220  providers in developing the schedule of discounts for the
  221  sliding fee scale.
  222         (b) The rules must address the most expensive types of
  223  treatment, such as residential and inpatient treatment, in order
  224  to make it possible for a client to responsibly contribute to
  225  his or her mental health or substance abuse care without
  226  jeopardizing the family’s financial stability. A person who is
  227  not eligible for Medicaid and whose net family income is less
  228  than 150 percent of the Federal Poverty Income Guidelines must
  229  pay a portion of his or her treatment costs which is comparable
  230  to the copayment amount required by the Medicaid program for
  231  Medicaid clients pursuant to s. 409.9081.
  232         (c) The rules must require that persons who receive
  233  financial assistance from the Federal Government because of a
  234  disability and are in long-term residential treatment settings
  235  contribute to their board and care costs and treatment costs and
  236  must be consistent with the provisions in s. 409.212.
  237         (5) A person who meets the eligibility criteria in
  238  subsection (1) shall be served in accordance with the
  239  appropriate district substance abuse and mental health services
  240  plan specified in s. 394.75 and within available resources.
  241         Section 4. Section 394.908, Florida Statutes, is amended to
  242  read:
  243         394.908 Substance abuse and mental health funding equity;
  244  distribution of appropriations.—In recognition of the historical
  245  inequity in the funding of substance abuse and mental health
  246  services for the department’s districts and regions and to
  247  rectify this inequity and provide for equitable funding in the
  248  future throughout the state, the following funding process shall
  249  be used:
  250         (1) Funding thresholds for substance abuse and mental
  251  health services in each of the current districts, statewide,
  252  shall be established based on the current number of individuals
  253  persons in need per district of substance abuse and mental
  254  health services, respectively.
  255         (2) “Individuals Persons in need” means those persons who
  256  fit the profile of the respective priority target populations
  257  and require mental health or substance abuse services.
  258         (3)
  259         (a) Any additional funding beyond the 2005-2006 fiscal year
  260  base appropriation for alcohol, drug abuse, and mental health
  261  services shall be allocated to districts for substance abuse and
  262  mental health services based on:
  263         1. Epidemiological estimates of disabilities that apply to
  264  the respective priority target populations.
  265         2. A pro rata share distribution that ensures districts
  266  below the statewide average funding level per individual person
  267  in each priority target population of “individuals persons in
  268  need” receive funding necessary to achieve equity.
  269         (b) Notwithstanding paragraph (a) and for the 2008-2009
  270  fiscal year only, funds appropriated for forensic mental health
  271  treatment services shall be allocated to the areas of the state
  272  having the greatest demand for services and treatment capacity.
  273  This paragraph expires July 1, 2009.
  274         (c) Notwithstanding paragraph (a) and for the 2008-2009
  275  fiscal year only, additional funds appropriated for mental
  276  health services from funds available through the Community-Based
  277  Medicaid Administrative Claiming Program shall be allocated as
  278  provided in the 2008-2009 General Appropriations Act and in
  279  proportion to contributed provider earnings. Where these mental
  280  health funds are used in lieu of funds from the General Revenue
  281  Fund, the allocation of funds shall be unchanged from the
  282  allocation for those funds for the 2007-2008 fiscal year. This
  283  paragraph expires July 1, 2009.
  284         (4) Priority Target populations for individuals persons in
  285  need shall be displayed for each district and distributed
  286  concurrently with the approved operating budget. The display by
  287  priority target population shall show: The annual number of
  288  individuals persons served based on prior year actual numbers,
  289  the annual cost per individual person served, and the estimated
  290  number of the total priority target population for individuals
  291  persons in need.
  292         (5) The annual cost per individual person served shall be
  293  defined as the total actual funding for each priority target
  294  population divided by the number of individuals persons served
  295  in the priority target population for that year.
  296         Section 5. Subsection (6) of section 394.9085, Florida
  297  Statutes, is amended to read:
  298         394.9085 Behavioral provider liability.—
  299         (6) For purposes of this section, the terms “detoxification
  300  services program,” “addictions receiving facility,” and
  301  “receiving facility” have the same meanings as those provided in
  302  ss. 397.311(17) 397.311(18)(b), 397.311(18)(a), and 394.455(26),
  303  respectively.
  304         Section 6. Section 397.301, Florida Statutes, is amended to
  305  read:
  306         397.301 Short title.—This act may be cited as the “Hal S.
  307  Marchman Alcohol and Other Drug Services Act of 1993.”
  308         Section 7. Section 397.305, Florida Statutes, is amended to
  309  read:
  310         397.305 Legislative findings, intent, and purpose.—
  311         (1) Substance abuse is a major health problem that affects
  312  multiple service systems and leads to such profoundly disturbing
  313  consequences as serious impairment, chronic addiction, criminal
  314  behavior, vehicular casualties, spiraling health care costs,
  315  AIDS, and business losses, and significantly profoundly affects
  316  the culture, socialization, and learning ability of children
  317  within our schools and educational systems. Substance abuse
  318  impairment is a disease which affects the whole family and the
  319  whole society and requires a system of care that includes
  320  specialized prevention, intervention, clinical and treatment,
  321  and recovery support services that support and strengthen the
  322  family unit. Further, it is the intent of the Legislature to
  323  require the collaboration of state agencies, service systems,
  324  and program offices to achieve the goals of this chapter and
  325  address the needs of the public; to establish a comprehensive
  326  system of care for substance abuse; and to reduce duplicative
  327  requirements across state agencies. This chapter is designed to
  328  provide for substance abuse services.
  329         (2)It is the goal of the Legislature to discourage
  330  substance abuse by promoting healthy lifestyles, healthy
  331  families, and drug-free schools, workplaces, and communities.
  332         (3)(2) It is the purpose of this chapter to provide for a
  333  comprehensive continuum of accessible and quality substance
  334  abuse prevention, intervention, clinical and treatment, and
  335  recovery support services in the least restrictive environment
  336  which promotes long-term recovery while protecting and
  337  respecting of optimum care that protects and respects the rights
  338  of individuals clients, especially for involuntary admissions,
  339  primarily through community-based private not-for-profit
  340  providers working with local governmental programs involving a
  341  wide range of agencies from both the public and private sectors.
  342         (4)(3) It is the intent of the Legislature to ensure within
  343  available resources a full system of care for continuum of
  344  substance abuse services based on projected identified needs,
  345  delivered without discrimination and with adequate provision for
  346  specialized needs.
  347         (5)It is the intent of the Legislature to establish
  348  services for individuals with co-occurring substance abuse and
  349  mental disorders.
  350         (4)It is the goal of the Legislature to discourage
  351  substance abuse by promoting healthy lifestyles and drug-free
  352  schools, workplaces, and communities.
  353         (5)It is the purpose of the Legislature to integrate
  354  program evaluation efforts, adequate administrative support
  355  services, and quality assurance strategies with direct service
  356  provision requirements and to ensure funds for these purposes.
  357         (6)It is the intent of the Legislature to require the
  358  cooperation of departmental programs, services, and program
  359  offices in achieving the goals of this chapter and addressing
  360  the needs of clients.
  361         (6)(7) It is the intent of the Legislature to provide, for
  362  substance abuse impaired adult and juvenile offenders, an
  363  alternative to criminal imprisonment for substance abuse
  364  impaired adults and juvenile offenders by encouraging the
  365  referral of such offenders to service providers not generally
  366  available within the juvenile justice and correctional systems,
  367  system instead of or in addition to criminal penalties.
  368         (7)(8) It is the intent of the Legislature to provide,
  369  within the limits of appropriations and safe management of the
  370  juvenile justice and correctional systems system, substance
  371  abuse services to substance abuse impaired offenders who are
  372  placed by the Department of Juvenile Justice or who are
  373  incarcerated within the Department of Corrections, in order to
  374  better enable these offenders or inmates to adjust to the
  375  conditions of society presented to them when their terms of
  376  placement or incarceration end.
  377         (8)(9) It is the intent of the Legislature to provide for
  378  assisting substance abuse impaired persons primarily through
  379  health and other rehabilitative services in order to relieve the
  380  police, courts, correctional institutions, and other criminal
  381  justice agencies of a burden that interferes with their ability
  382  to protect people, apprehend offenders, and maintain safe and
  383  orderly communities.
  384         (10)It is the purpose of the Legislature to establish a
  385  clear framework for the comprehensive provision of substance
  386  abuse services in the context of a coordinated and orderly
  387  system.
  388         (9)(11) It is the intent of the Legislature that the
  389  freedom of religion of all citizens shall be inviolate. Nothing
  390  in this act shall give any governmental entity jurisdiction to
  391  regulate religious, spiritual, or ecclesiastical services.
  392         Section 8. Section 397.311, Florida Statutes, is amended to
  393  read:
  394         397.311 Definitions.—As used in this chapter, except part
  395  VIII, the term:
  396         (1) “Ancillary services” are services that which include,
  397  but are not limited to, special diagnostic, prenatal and
  398  postnatal, other medical, mental health, legal, economic,
  399  vocational, employment, and educational services.
  400         (2)“Assessment” means the systematic evaluation of
  401  information gathered to determine the nature and severity of the
  402  client’s substance abuse problem and the client’s need and
  403  motivation for services. Assessment entails the use of a
  404  psychosocial history supplemented, as required by rule, by
  405  medical examinations, laboratory testing, and psychometric
  406  measures.
  407         (2)(3) “Authorized agent of the department” means a person
  408  designated by the department to conduct any audit, inspection,
  409  monitoring, evaluation, or other duty imposed upon the
  410  department pursuant to this chapter. An authorized agent must be
  411  qualified by expertise and experience to perform these
  412  functions. identified by the department as:
  413         (a)Qualified by the requisite expertise and experience;
  414         (b)Having a need to know the applicable information; and
  415         (c)Having the assigned responsibility to carry out the
  416  applicable duty.
  417         (3)(4) “Beyond the safe management capabilities of the
  418  service provider” refers to an individual a client who is in
  419  need of:
  420         (a) Supervision;
  421         (b) Medical care; or
  422         (c) Services,
  423  
  424  beyond that which the service provider or service component can
  425  deliver.
  426         (4)“Clinical assessment” means the collection of detailed
  427  information concerning an individual’s substance use, emotional
  428  and physical health, social roles, and other areas that may
  429  reflect the severity of the individual’s abuse of alcohol or
  430  drugs. The collection of information serves as a basis for
  431  identifying an appropriate treatment regimen.
  432         (5)“Client” means a recipient of alcohol or other drug
  433  services delivered by a service provider but does not include an
  434  inmate pursuant to part VIII unless expressly so provided.
  435         (6)“Client identifying information” means the name,
  436  address, social security number, fingerprints, photograph, and
  437  similar information by which the identity of a client can be
  438  determined with reasonable accuracy and speed either directly or
  439  by reference to other publicly available information.
  440         (5)(7) “Court” means, with respect to all involuntary
  441  proceedings under this chapter, the circuit court of the county
  442  in which the judicial proceeding is pending or where the
  443  substance abuse impaired person resides or is located, and
  444  includes any general or special magistrate that may be appointed
  445  by the chief judge to preside over all or part of such
  446  proceeding. Otherwise, “court” refers to the court of legal
  447  jurisdiction in the context in which the term is used in this
  448  chapter.
  449         (6)(8) “Department” means the Department of Children and
  450  Family Services.
  451         (7)(9) “Director” means the chief administrative or
  452  executive officer of a service provider.
  453         (8)(10) “Disclose” or “disclosure” means a communication of
  454  client identifying information, the affirmative verification of
  455  another person’s communication of client identifying
  456  information, or the communication of any information regarding
  457  an individual of a client who has received services been
  458  identified. Any disclosure made pursuant to this chapter must be
  459  limited to that information which is necessary to carry out the
  460  purpose of the disclosure.
  461         (9)(11) “Fee system” means a method of establishing charges
  462  for services rendered, in accordance with an individual’s a
  463  client’s ability to pay, used by providers that receive state
  464  funds.
  465         (10)(12) “For profit” means registered as for profit by the
  466  Secretary of State and recognized by the Internal Revenue
  467  Service as a for-profit entity.
  468         (11)(13) “Habitual abuser” means a person who is brought to
  469  the attention of law enforcement for being substance impaired,
  470  who meets the criteria for involuntary admission in s. 397.675,
  471  and who has been taken into custody for such impairment three or
  472  more times during the preceding 12 months.
  473         (12)(14) “Hospital” means a hospital or hospital-based
  474  component licensed under chapter 395.
  475         (13)“Identifying information” means the name, address,
  476  social security number, fingerprints, photograph, and similar
  477  information by which the identity of an individual can be
  478  determined with reasonable accuracy directly or by reference to
  479  other publicly available information.
  480         (14)(15) “Impaired” or “substance abuse impaired” means a
  481  condition involving the use of alcoholic beverages or any
  482  psychoactive or mood-altering substance in such a manner as to
  483  induce mental, emotional, or physical problems and cause
  484  socially dysfunctional behavior.
  485         (15)“Individual” means a person who receives alcohol or
  486  other drug abuse treatment services delivered by a service
  487  provider. The term does not include an inmate pursuant to part
  488  VIII of this chapter unless expressly so provided.
  489         (16)“Individualized treatment or service plan” means an
  490  immediate and a long-range plan for substance abuse or ancillary
  491  services developed on the basis of a client’s assessed needs.
  492         (16)(17) “Law enforcement officer” means a law enforcement
  493  officer as defined in s. 943.10(1).
  494         (17)(18) “Licensed service provider” means a public agency
  495  under this chapter, a private for-profit or not-for-profit
  496  agency under this chapter, a physician or any other private
  497  practitioner licensed under this chapter, or a hospital that
  498  offers substance abuse impairment services through one or more
  499  licensed of the following licensable service components.
  500         (18)Licensed service components include a comprehensive
  501  continuum of accessible and quality substance abuse prevention,
  502  intervention, and clinical treatment services, including the
  503  following services:
  504         (a)“Clinical treatment” means a professionally directed,
  505  deliberate, and planned regimen of services and interventions
  506  that are designed to reduce or eliminate the misuse of drugs and
  507  alcohol and promote a healthy, drug-free lifestyle. As defined
  508  by rule, “clinical treatment services” include, but are not
  509  limited to, the following licensable service components:
  510         1.“Addictions receiving facility” is a secure, acute care
  511  facility that provides, at a minimum, detoxification and
  512  stabilization services; is operated 24 hours per day, 7 days per
  513  week; and is designated by the department to serve individuals
  514  found to be substance use impaired as described in s. 397.675
  515  who meet the placement criteria for this component.
  516         2.“Day or night treatment” is a service provided in a
  517  nonresidential environment, with a structured schedule of
  518  treatment and rehabilitative services.
  519         3.“Day or night treatment with community housing” means a
  520  program intended for individuals who can benefit from living
  521  independently in peer community housing while participating in
  522  treatment services for a minimum of 5 hours a day for a minimum
  523  of 25 hours per week.
  524         4.“Detoxification” is a service involving subacute care
  525  that is provided on an inpatient or an outpatient basis to
  526  assist individuals to withdraw from the physiological and
  527  psychological effects of substance abuse and who meet the
  528  placement criteria for this component.
  529         5.“Intensive inpatient treatment” includes a planned
  530  regimen of evaluation, observation, medical monitoring, and
  531  clinical protocols delivered through an interdisciplinary team
  532  approach provided 24 hours per day, 7 days per week, in a highly
  533  structured, live-in environment.
  534         6.“Intensive outpatient treatment” is a service that
  535  provides individual or group counseling in a more structured
  536  environment, is of higher intensity and duration than outpatient
  537  treatment, and is provided to individuals who meet the placement
  538  criteria for this component.
  539         7.“Medication-assisted treatment for opiate addiction” is
  540  a service that uses methadone or other medication as authorized
  541  by state and federal law, in combination with medical,
  542  rehabilitative, and counseling services in the treatment of
  543  individuals who are dependent on opioid drugs.
  544         8.“Outpatient treatment” is a service that provides
  545  individual, group, or family counseling by appointment during
  546  scheduled operating hours for individuals who meet the placement
  547  criteria for this component.
  548         9.“Residential treatment” is a service provided in a
  549  structured live-in environment within a nonhospital setting on a
  550  24-hours-per-day, 7-days-per-week basis, and is intended for
  551  individuals who meet the placement criteria for this component.
  552         (b)“Intervention” means structured services directed
  553  toward individuals or groups at risk of substance abuse and
  554  focused on reducing or impeding those factors associated with
  555  the onset or the early stages of substance abuse and related
  556  problems.
  557         (c)“Prevention” means a process involving strategies that
  558  are aimed at the individual, family, community, or substance and
  559  that preclude, forestall, or impede the development of substance
  560  use problems and promote responsible lifestyles.
  561         (a)Addictions receiving facility, which is a community
  562  based facility designated by the department to receive, screen,
  563  and assess clients found to be substance abuse impaired, in need
  564  of emergency treatment for substance abuse impairment, or
  565  impaired by substance abuse to such an extent as to meet the
  566  criteria for involuntary admission in s. 397.675, and to provide
  567  detoxification and stabilization. An addictions receiving
  568  facility must be state-owned, state-operated, or state
  569  contracted, and licensed pursuant to rules adopted by the
  570  department’s Substance Abuse Program Office which include
  571  specific authorization for the provision of levels of care and a
  572  requirement of separate accommodations for adults and minors.
  573  Addictions receiving facilities are designated as secure
  574  facilities to provide an intensive level of care and must have
  575  sufficient staff and the authority to provide environmental
  576  security to handle aggressive and difficult-to-manage behavior
  577  and deter elopement.
  578         (b)Detoxification, which uses medical and psychological
  579  procedures and a supportive counseling regimen to assist clients
  580  in managing toxicity and withdrawing and stabilizing from the
  581  physiological and psychological effects of substance abuse
  582  impairment.
  583         (c)Intensive inpatient treatment, which includes a planned
  584  regimen of professionally directed evaluation, observation,
  585  medical monitoring, and clinical protocols provided 24 hours per
  586  day, 7 days per week, in a highly structured, live-in
  587  environment.
  588         (d)Residential treatment, which provides a structured,
  589  live-in environment within a nonhospital setting on a 24-hours
  590  a-day, 7-days-a-week basis, and which includes:
  591         1.Facilities that provide room and board and treatment and
  592  rehabilitation within the primary residential facility; and
  593         2.Facilities that are used for room and board only and in
  594  which treatment and rehabilitation activities are provided on a
  595  mandatory basis at locations other than the primary residential
  596  facility. In this case, facilities used for room and board and
  597  for treatment and rehabilitation are operated under the auspices
  598  of the same provider, and licensing and regulatory requirements
  599  would apply to both the residential facility and all other
  600  facilities in which treatment and rehabilitation activities
  601  occur.
  602         (e)Day and night treatment, which provides a
  603  nonresidential environment with a structured schedule of
  604  treatment and rehabilitation services.
  605         (f)Outpatient treatment, which provides individual, group,
  606  or family counseling for clients by appointment during scheduled
  607  operating hours, with an emphasis on assessment and treatment.
  608         (g)Medication and methadone maintenance treatment that
  609  uses methadone or other medication as authorized by state and
  610  federal law, in conjunction with medical, rehabilitative, and
  611  counseling services in the treatment of clients who are
  612  dependent upon opioid drugs.
  613         (h)Prevention, which is a process involving strategies
  614  aimed at the individual, the environment, or the substance,
  615  which strategies preclude, forestall, or impede the development
  616  of substance abuse problems and promote responsible personal and
  617  social growth of individuals and families toward full human
  618  potential.
  619         (i)Intervention, which consists of structured services
  620  targeted toward individuals or groups at risk and focused on
  621  reducing those factors associated with the onset or the early
  622  stages of substance abuse, and related problems.
  623         (19)“Medication-assisted treatment (MAT)” is the use of
  624  medications approved by the United States Food and Drug
  625  Administration, in combination with counseling and behavioral
  626  therapies, to provide a holistic approach to the treatment of
  627  substance abuse.
  628         (20)(19) “Medical monitoring” means oversight and
  629  treatment, 24 hours per day by medical personnel who are
  630  licensed under chapter 458, chapter 459, or chapter 464, of
  631  individuals clients whose subacute biomedical, emotional,
  632  psychosocial, behavioral, or cognitive problems are so severe
  633  that the individuals clients require intensive inpatient
  634  treatment by an interdisciplinary team.
  635         (21)(20) “Not for profit” means registered as not for
  636  profit by the Secretary of State and recognized by the Internal
  637  Revenue Service as a not-for-profit entity.
  638         (22)(21) “Physician” means a person licensed under chapter
  639  458 to practice medicine or licensed under chapter 459 to
  640  practice osteopathic medicine, and may include, if the context
  641  so indicates, an intern or resident enrolled in an intern or
  642  resident training program affiliated with an approved medical
  643  school, hospital, or other facility through which training
  644  programs are normally conducted.
  645         (23)“Physician assistant” means a person licensed under
  646  chapter 458 or chapter 459 to practice medicine under the
  647  supervision of a physician or psychiatrist whose specialty
  648  includes substance abuse treatment.
  649         (22)“Preliminary screening” means the gathering of initial
  650  information to be used in determining a person’s need for
  651  assessment or for referral.
  652         (24)(23) “Private practitioner” means a physician or a
  653  physician assistant licensed under chapter 458 or chapter 459, a
  654  psychologist licensed under chapter 490, or a clinical social
  655  worker, marriage and family therapist, or mental health
  656  counselor licensed under chapter 491.
  657         (25)(24) “Program evaluation” or “evaluation” means a
  658  systematic measurement of a service provider’s achievement of
  659  desired individual client or service outcomes.
  660         (26)(25) “Qualified professional” means a physician or a
  661  physician assistant licensed under chapter 458 or chapter 459; a
  662  professional licensed under chapter 490 or chapter 491; an
  663  advanced registered nurse practitioner having a specialty in
  664  psychiatry licensed under part I of chapter 464; or a person who
  665  is certified through a department-recognized certification
  666  process for substance abuse treatment services and who holds, at
  667  a minimum, a bachelor’s degree. A person who is certified in
  668  substance abuse treatment services by a state-recognized
  669  certification process in another state at the time of employment
  670  with a licensed substance abuse provider in this state may
  671  perform the functions of a qualified professional as defined in
  672  this chapter but must meet certification requirements contained
  673  in this subsection no later than 1 year after his or her date of
  674  employment.
  675         (27)“Quality improvement” means a systematic and organized
  676  approach to monitor and continuously improve the quality of
  677  services in order to maintain, restore, or improve outcomes in
  678  individuals and populations throughout a system of care.
  679         (28)“Recovery” means a process of personal change through
  680  which individuals achieve abstinence from alcohol or drug use
  681  and improve health, wellness, and quality of life.
  682         (29)“Recovery support” means services designed to
  683  strengthen or assist individuals to regain skills, develop the
  684  environmental supports necessary to help the individual thrive
  685  in the community, and meet life goals that promote recovery from
  686  alcohol and drug use. These services include, but are not
  687  limited to, economic, vocational, employment, educational,
  688  housing, and other ancillary services.
  689         (30)“Screening” means the gathering of initial information
  690  to be used in determining a person’s need for assessment,
  691  services, or referral.
  692         (26)“Quality assurance” means the objective and internal
  693  systematic monitoring of the appropriateness and quality of
  694  client care rendered by a service provider.
  695         (31)(27) “Secure facility,” except where the context
  696  indicates a correctional system facility, means a provider that
  697  has the authority to deter the premature departure of
  698  involuntary individuals clients whose leaving constitutes a
  699  violation of a court order or community-based supervision as
  700  provided by law. The term “secure facility” includes addictions
  701  receiving facilities and facilities authorized by local
  702  ordinance for the treatment of habitual abusers.
  703         (32)“Service component” or “component” means a discrete
  704  operational entity within a service provider which is subject to
  705  licensing as defined by rule. Service components include
  706  prevention, intervention, and clinical treatment described in
  707  subsection (17).
  708         (33)(28) “Service provider” or “provider” means a public
  709  agency, a private for-profit or not-for-profit agency, a person
  710  who is a private practitioner, or a hospital licensed under this
  711  chapter or exempt from licensure under this chapter.
  712         (34)(29) “Service provider personnel” or “personnel”
  713  includes all owners, directors, chief financial officers, staff,
  714  and volunteers, including foster parents, of a service provider.
  715         (35)(30) “Stabilization” means:
  716         (a) Alleviation of a crisis condition; or
  717         (b) Prevention of further deterioration,
  718  
  719  and connotes short-term emergency treatment.
  720         (36)“Substance abuse” means the misuse or abuse of, or
  721  dependence on alcohol, illicit drugs, or prescription
  722  medications. As an individual progresses along this continuum of
  723  misuse, abuse, and dependence, there is an increased need for
  724  substance abuse intervention and treatment to help abate the
  725  problem.
  726         (37)“Substate entity” means a departmental office
  727  designated to serve a geographical area specified by the
  728  department.
  729         (38)“System of care” means a coordinated continuum of
  730  community-based services and supports that are organized to meet
  731  the challenges and needs of individuals who are at risk of
  732  developing substance abuse problems or individuals who have
  733  substance abuse problems.
  734         (39)“Treatment plan” means an immediate and a long-range
  735  plan based upon an individual’s assessed needs and used to
  736  address and monitor an individual’s recovery from substance
  737  abuse.
  738         Section 9. Subsections (2), (7), (14), (17), (18), (19),
  739  and (20) of section 397.321, Florida Statutes, are amended to
  740  read:
  741         397.321 Duties of the department.—The department shall:
  742         (2) Ensure that a plan for substance abuse services is
  743  developed at the local substate entity district level in
  744  accordance with the provisions of part IV of chapter 394.
  745         (7) Ensure that each licensed service provider develops a
  746  system and procedures for:
  747         (a) Clinical Client assessment.
  748         (b) Individualized Treatment or services planning.
  749         (c) Client Referral.
  750         (d) Client Progress reviews.
  751         (e) Client Followup.
  752         (14) In cooperation with service providers, foster and
  753  actively seek additional funding to enhance resources for
  754  prevention, intervention, clinical and treatment, and recovery
  755  support services, including, but not limited to, the development
  756  of partnerships with:
  757         (a) Private industry.
  758         (b) Intradepartmental and interdepartmental program
  759  offices, including, but not limited to, child care services;
  760  family safety; delinquency services; health services; economic
  761  services; and children’s medical services.
  762         (c) State agencies, including, but not limited to, the
  763  Department Departments of Corrections, the Department of
  764  Education, the Department of Juvenile Justice, the Department of
  765  Community Affairs, the Department of Elderly Affairs, the
  766  Department of Health, the Department of Financial Services, and
  767  the Agency for Health Care Administration Insurance.
  768         (17)Develop a certification process by rule for community
  769  substance abuse prevention coalitions.
  770         (18)(17) Provide sufficient and qualified staff to oversee
  771  all contracting, licensing, and planning functions within each
  772  of its substate district offices, as permitted by legislative
  773  appropriation.
  774         (19)(18) Ensure that the department develops and ensures
  775  the implementation of procedures between its Substance Abuse
  776  Program Office and other departmental programs regarding the
  777  referral of substance abuse impaired persons to service
  778  providers, information on service providers, information on
  779  methods of identifying substance abuse impaired juveniles, and
  780  procedures for referring such juveniles to appropriate service
  781  providers.
  782         (20)(19) Designate addictions receiving facilities for the
  783  purpose of ensuring that only qualified service providers render
  784  services within the context of a secure facility setting.
  785         (20)The department may establish in District 9, in
  786  cooperation with the Palm Beach County Board of County
  787  Commissioners, a pilot project to serve in a managed care
  788  arrangement non-Medicaid eligible persons who qualify to receive
  789  substance abuse or mental health services from the department.
  790  The department may contract with a not-for-profit entity to
  791  conduct the pilot project. The results of the pilot project
  792  shall be reported to the district administrator, and the
  793  secretary 18 months after the initiation. The department shall
  794  incur no additional administrative costs for the pilot project.
  795         Section 10. Paragraph (b) of subsection (1) of section
  796  397.331, Florida Statutes, is amended to read:
  797         397.331 Definitions; legislative intent.—
  798         (1) As used in this act, the term:
  799         (b) “Substance abuse programs and services” or “drug
  800  control” applies generally to the broad continuum of prevention,
  801  intervention, clinical and treatment, recovery support
  802  initiatives, and efforts to limit substance abuse, and also
  803  includes initiatives and efforts by law enforcement agencies to
  804  limit substance abuse.
  805         Section 11. Subsections (1), (3), and (4) of section
  806  397.401, Florida Statutes, are amended to read:
  807         397.401 License required; penalty; injunction; rules
  808  waivers.—
  809         (1) It is unlawful for any person or agency to act as a
  810  substance abuse service provider unless it is licensed or exempt
  811  from licensure under this chapter.
  812         (3) The department may maintain an action in circuit court
  813  to enjoin the unlawful operation of a substance abuse service
  814  provider if the department first gives the violator 14 days’
  815  notice of its intent to maintain such action and the violator
  816  fails to apply for licensure within that 14-day period. If the
  817  department determines that the health, safety, and welfare of
  818  individuals are clients is jeopardized, the department may move
  819  to enjoin the operation at any time during the 14-day period. If
  820  the service provider has already applied for licensure under
  821  this chapter and has been denied licensure, the department may
  822  move immediately to obtain an injunction.
  823         (4) In accordance with this subsection, the department may
  824  waive rules adopted pursuant to this chapter in order to allow
  825  service providers to demonstrate and evaluate innovative or
  826  cost-effective substance abuse services alternatives. Rules
  827  waivers may be granted only in instances where there is
  828  reasonable assurance that the health, safety, or welfare of
  829  individuals clients will not be endangered. To apply for a rules
  830  waiver, the applicant must be a service provider licensed under
  831  this chapter and must submit to the department a written
  832  description of the concept to be demonstrated, including:
  833         (a) Objectives and anticipated benefits.
  834         (b) The number and types of individuals clients who will be
  835  affected.
  836         (c) A description of how the demonstration will be
  837  evaluated.
  838         (d) Any other information requested by the department.
  839  
  840  A service provider granted a rules waiver under this subsection
  841  must submit a detailed report of the results of its findings to
  842  the department within 12 months after receiving the rules
  843  waiver. Upon receiving and evaluating the detailed report, the
  844  department may renew or revoke the rules waiver or seek any
  845  regulatory or statutory changes necessary to allow other service
  846  providers to implement the same alternative service.
  847         Section 12. Paragraph (e) of subsection (1) and subsection
  848  (3) of section 397.403, Florida Statutes, are amended to read:
  849         397.403 License application.—
  850         (1) Applicants for a license under this chapter must apply
  851  to the department on forms provided by the department and in
  852  accordance with rules adopted by the department. Applications
  853  must include at a minimum:
  854         (e) Sufficient information to conduct background screening
  855  as provided in s. 397.451.
  856         1. If the results of the background screening indicate that
  857  any owner, director, or chief financial officer has been found
  858  guilty of, regardless of adjudication, or has entered a plea of
  859  nolo contendere or guilty to any offense prohibited under the
  860  screening standard, a license may not be issued to the applicant
  861  service provider unless an exemption from disqualification has
  862  been granted by the department as set forth in chapter 435. The
  863  owner, director, or chief financial officer manager has 90 days
  864  within which to obtain the required exemption, during which time
  865  the applicant’s license remains in effect.
  866         2. If any owner, director, or chief financial officer is
  867  arrested or found guilty of, regardless of adjudication, or has
  868  entered a plea of nolo contendere or guilty to any offense
  869  prohibited under the screening standard while acting in that
  870  capacity, the provider shall immediately remove the person from
  871  that position and shall notify the department within 2 days
  872  after such removal, excluding weekends and holidays. Failure to
  873  remove the owner, director, or chief financial officer manager
  874  will result in revocation of the provider’s license.
  875         (3) The department shall accept proof of accreditation by
  876  the Commission on Accreditation of Rehabilitation Facilities
  877  (CARF) CARF—the Rehabilitation Accreditation Commission or the
  878  Joint Commission on Accreditation of Health Care Organizations
  879  (JCAHCO), or through any other nationally recognized
  880  certification process that is acceptable to the department and
  881  meets the minimum licensure requirements under this chapter, in
  882  lieu of requiring the applicant to submit the information
  883  required by paragraphs (1)(a)-(c).
  884         Section 13. Section 397.405, Florida Statutes, is amended
  885  to read:
  886         397.405 Exemptions from licensure.—The following are exempt
  887  from the licensing provisions of this chapter:
  888         (1) A hospital or hospital-based component licensed under
  889  chapter 395.
  890         (2) A nursing home facility as defined in s. 400.021.
  891         (3) A substance abuse education program established
  892  pursuant to s. 1003.42.
  893         (4) A facility or institution operated by the Federal
  894  Government.
  895         (5) A physician or physician assistant licensed under
  896  chapter 458 or chapter 459.
  897         (6) A psychologist licensed under chapter 490.
  898         (7) A social worker, marriage and family therapist, or
  899  mental health counselor licensed under chapter 491.
  900         (8) A An established and legally cognizable church or
  901  nonprofit religious organization or denomination providing
  902  substance abuse services, including prevention services, which
  903  are solely exclusively religious, spiritual, or ecclesiastical
  904  in nature. A church or nonprofit religious organization or
  905  denomination providing any of the licensable service components
  906  itemized under s. 397.311(17) s. 397.311(18) is not exempt from
  907  substance abuse licensure for purposes of its provision of such
  908  licensable service components but retains its exemption with
  909  respect to all services which are solely exclusively religious,
  910  spiritual, or ecclesiastical in nature.
  911         (9) Facilities licensed under chapter 393 which, in
  912  addition to providing services to persons with developmental
  913  disabilities, also provide services to persons developmentally
  914  at risk as a consequence of exposure to alcohol or other legal
  915  or illegal drugs while in utero.
  916         (10) DUI education and screening services provided pursuant
  917  to ss. 316.192, 316.193, 322.095, 322.271, and 322.291. Persons
  918  or entities providing treatment services must be licensed under
  919  this chapter unless exempted from licensing as provided in this
  920  section.
  921         (11)A facility licensed under s. 394.875 as a crisis
  922  stabilization unit.
  923  
  924  The exemptions from licensure in this section do not apply to
  925  any service provider that receives an appropriation, grant, or
  926  contract from the state to operate as a service provider as
  927  defined in this chapter or to any substance abuse program
  928  regulated pursuant to s. 397.406. Furthermore, this chapter may
  929  not be construed to limit the practice of a physician or
  930  physician assistant licensed under chapter 458 or chapter 459, a
  931  psychologist licensed under chapter 490, or a psychotherapist
  932  licensed under chapter 491, or an advanced registered nurse
  933  practitioner licensed under part I of chapter 464, who provides
  934  substance abuse treatment, so long as the physician, physician
  935  assistant, psychologist, or psychotherapist, or advanced
  936  registered nurse practitioner does not represent to the public
  937  that he or she is a licensed service provider and does not
  938  provide services to individuals clients pursuant to part V of
  939  this chapter. Failure to comply with any requirement necessary
  940  to maintain an exempt status under this section is a misdemeanor
  941  of the first degree, punishable as provided in s. 775.082 or s.
  942  775.083.
  943         Section 14. Section 397.406, Florida Statutes, is amended
  944  to read:
  945         397.406 Licensure and regulation of government-operated
  946  substance abuse programs.—Substance abuse programs operated
  947  directly or under contract by the department, the Department of
  948  Corrections, the Department of Juvenile Justice, any other state
  949  agency, or any local correctional agency or authority, which
  950  programs constitute any service provider licensable components
  951  as defined in this chapter, are subject to licensure and
  952  regulation in accordance with rules jointly developed by the
  953  department and the state or local agency operating the program.
  954  The department has authority to promulgate rules exempting such
  955  government-operated programs from specific licensure provisions
  956  of this part, including, but not limited to, licensure fees and
  957  personnel background checks, and to enforce the regulatory
  958  requirements governing such programs.
  959         Section 15. Section 397.407, Florida Statutes, is amended
  960  to read:
  961         397.407 Licensure process; fees.—
  962         (1) The department shall establish by rule the licensure
  963  process to include fees and categories of licenses fees by rule.
  964  The rule must prescribe a fee range that is based, at least in
  965  part, on the number and complexity of programs listed in s.
  966  397.311(17) s. 397.311(18) which are operated by a licensee. The
  967  fee range must be implemented over a 5-year period. The fee
  968  schedule for licensure of service components must be increased
  969  annually in substantially equal increments so that, by July 1,
  970  1998, The fees from the licensure of service components are
  971  sufficient to cover at least 50 percent of the costs of
  972  regulating the service components. The department shall specify
  973  by rule a fee range for public and privately funded and phase-in
  974  plan for privately funded licensed service providers and a fee
  975  range and phase-in plan for publicly funded licensed service
  976  providers. Fees for privately funded licensed service providers
  977  must exceed the fees for publicly funded licensed service
  978  providers. During adoption of the rule governing the licensure
  979  process and fees, the department shall carefully consider the
  980  potential adverse impact on small, not-for-profit service
  981  providers. The first year phase-in licensure fees must be at
  982  least $150 per initial license. The rule must provide for a
  983  reduction in licensure fees for licensed service providers who
  984  hold more than one license.
  985         (2) The department shall assess a fee of $100 per licensed
  986  service component license for the late filing of an application
  987  for renewal of a license.
  988         (3) Licensure and renewal fees must be deposited in the
  989  Operations and Maintenance Trust Fund to be used for the actual
  990  cost of monitoring, inspecting, and overseeing licensed service
  991  providers.
  992         (4) Each application for licensure or renewal must be
  993  accompanied by the required fee, except that a service provider
  994  that has an all-volunteer staff is exempt from the licensure and
  995  renewal fees.
  996         (5)The department may issue probationary, regular, and
  997  interim licenses. After adopting the rule governing the
  998  licensure process and fees, the department shall issue one
  999  license for each service component that is operated by a service
 1000  provider and defined in rule pursuant to s. 397.311(17). The
 1001  license is valid only for the specific service components listed
 1002  for each specific location identified on the license. The
 1003  licensed service provider shall apply for a new license at least
 1004  60 days before the addition of any service components or 30 days
 1005  before the relocation of any of its service sites. Provision of
 1006  service components or delivery of services at a location not
 1007  identified on the license may be considered an unlicensed
 1008  operation that authorizes the department to seek an injunction
 1009  against operation as provided in s. 397.401, in addition to
 1010  other sanctions authorized by s. 397.415. Probationary and
 1011  regular licenses may be issued only after all required
 1012  information has been submitted. A license may not be
 1013  transferred. As used in this subsection, the term “transfer”
 1014  includes, but is not limited to, the transfer of a majority of
 1015  the ownership interest in the licensed entity or transfer of
 1016  responsibilities under the license to another entity by
 1017  contractual arrangement.
 1018         (6)A probationary license may be issued to a service
 1019  provider applicant in the initial stages of developing services
 1020  that are not yet fully operational upon completion of all
 1021  application requirements itemized in s. 397.403(1) and upon
 1022  demonstration of the applicant’s ability to comply with all
 1023  applicable statutory and regulatory requirements. A probationary
 1024  license expires 90 days after issuance and may be reissued once
 1025  for an additional 90-day period if the applicant has
 1026  substantially complied with all requirements for regular
 1027  licensure or has initiated action to satisfy all requirements.
 1028  During the probationary period the department shall monitor the
 1029  delivery of services. Notwithstanding s. 120.60(5), the
 1030  department may order a probationary licensee to cease and desist
 1031  operations at any time it is found to be substantially out of
 1032  compliance with licensure standards. This cease-and-desist order
 1033  is exempt from the requirements of s. 120.60(6).
 1034         (7)A regular license may be issued to:
 1035         (a)A new applicant at the end of the probationary period.
 1036         (b)A licensed applicant that holds a regular license and
 1037  is seeking renewal.
 1038         (c)An applicant for a service component operating under an
 1039  interim license upon successful satisfaction of the requirements
 1040  for a regular license.
 1041  
 1042  In order to be issued a regular license, the applicant must be
 1043  in compliance with statutory and regulatory requirements.
 1044  Standards and timeframes for the issuance of a regular license
 1045  must be established by rule. An application for renewal of a
 1046  regular license must be submitted to the department at least 60
 1047  days before the license expires.
 1048         (8)The department may issue an interim license to a
 1049  service provider for a period established by the department
 1050  which does not exceed 90 days if the department finds that:
 1051         (a)A service component of the provider is in substantial
 1052  noncompliance with licensure standards;
 1053         (b)The service provider has failed to provide satisfactory
 1054  proof of conformance to fire, safety, or health requirements; or
 1055         (c)The service provider is involved in license suspension
 1056  or revocation proceedings.
 1057  
 1058  An interim license applies only to the licensable service
 1059  component of the provider’s services which is in substantial
 1060  noncompliance with statutory or regulatory requirements. An
 1061  interim license expires 90 days after it is issued; however, it
 1062  may be reissued once for an additional 90-day period in a case
 1063  of extreme hardship in which the noncompliance is not
 1064  attributable to the licensed service provider. If the service
 1065  provider is appealing the final disposition of license
 1066  suspension or revocation proceedings, the court before which the
 1067  appeal is taken may order the extension of the interim license
 1068  for a period specified in the order.
 1069         (9)A separate license is required for each service
 1070  component maintained by the service provider.
 1071         (10)The license must be displayed in a conspicuous place
 1072  inside the facility providing the licensed service component.
 1073         Section 16. Section 397.409, Florida Statutes, is repealed.
 1074         Section 17. Subsection (3) of section 397.411, Florida
 1075  Statutes, is amended, present subsection (5) of that section is
 1076  redesignated as subsection (6), and a new subsection (5) is
 1077  added to that section, to read:
 1078         397.411 Inspection; right of entry; records.—
 1079         (3) Notwithstanding the confidentiality provisions of this
 1080  chapter, a designated and authorized agent of the department may
 1081  access the records of the individuals served by clients of
 1082  licensed service providers, but only for purposes of licensing,
 1083  monitoring, and investigation. The department may interview
 1084  individuals clients, as specified by rule.
 1085         (5)In an effort to coordinate inspections among agencies,
 1086  the department shall notify applicable state agencies of any
 1087  scheduled licensure inspections of service providers jointly
 1088  funded by the agencies.
 1089         Section 18. Subsections (1), (2), and (4) of section
 1090  397.415, Florida Statutes, are amended to read:
 1091         397.415 Denial, suspension, and revocation; other
 1092  remedies.—
 1093         (1) If the department determines that an applicant or
 1094  licensed service provider or licensed service component thereof
 1095  is not in compliance with all statutory and regulatory
 1096  requirements, the department may deny, suspend, revoke, or
 1097  impose reasonable restrictions or penalties on the license or
 1098  any portion of the license. In such case, the department:
 1099         (a) May impose a moratorium on admissions to any service
 1100  component of a licensed service provider if the department
 1101  determines that conditions within such component are a threat to
 1102  the public health or safety.
 1103         (b) May impose an administrative penalty of up to $500 per
 1104  day against a licensed service provider operating in violation
 1105  of any fire-related, safety-related, or health-related statutory
 1106  or regulatory requirement. Fines collected under this paragraph
 1107  must be deposited in the Operations and Maintenance Substance
 1108  Abuse Impairment Provider Licensing Trust Fund.
 1109         (c) May suspend or revoke the license of a service provider
 1110  or may suspend or revoke the license as to the operation of any
 1111  service component or location identified on the license if,
 1112  after notice, the department it determines that a service
 1113  provider has failed to correct the substantial or chronic
 1114  violation of any statutory or regulatory requirement that such
 1115  as impacts the quality of client care.
 1116         (2) If a provider’s license is revoked of a facility or any
 1117  service component of a facility is revoked, the service provider
 1118  is barred from submitting any application for licensure of the
 1119  affected facility or service component to the department for a
 1120  period of 1 year after the revocation. If the provider’s license
 1121  is revoked as to any service component or location identified on
 1122  the license, the provider is barred from applying for licensure
 1123  of the affected service component or location for 1 year after
 1124  the revocation.
 1125         (4) The department may maintain an action in court to
 1126  enjoin the operation of any licensed or unlicensed provider,
 1127  service component, or location facility in violation of this
 1128  chapter or the rules adopted under this chapter.
 1129         Section 19. Section 397.416, Florida Statutes, is amended
 1130  to read:
 1131         397.416 Substance abuse treatment services; qualified
 1132  professional.—Notwithstanding any other provision of law, a
 1133  person who was certified through a certification process
 1134  recognized by the former Department of Health and Rehabilitative
 1135  Services before January 1, 1995, may perform the duties of a
 1136  qualified professional with respect to substance abuse treatment
 1137  services as defined in this chapter, and need not meet the
 1138  certification requirements contained in s. 397.311(26) s.
 1139  397.311(25).
 1140         Section 20. Section 397.419, Florida Statutes, is amended
 1141  to read:
 1142         397.419 Quality improvement assurance programs.—
 1143         (1) Each service provider must maintain a an ongoing
 1144  quality improvement assurance program to objectively and
 1145  systematically monitor and evaluate the appropriateness and
 1146  quality of client care, to ensure that services are rendered
 1147  consistent with prevailing professional standards, and to
 1148  identify and resolve problems.
 1149         (2) For each service provider, a written plan must be
 1150  developed with a copy made available upon request submitted to
 1151  the department which addresses the minimum guidelines for the
 1152  provider’s quality improvement assurance program, including, but
 1153  not limited to:
 1154         (a) Individual Client care and services standards.
 1155         (b) Individual Client records maintenance procedures.
 1156         (c) Staff development policies and procedures.
 1157         (d) Service-environment Facility safety and maintenance
 1158  standards.
 1159         (e) Peer review and utilization management review
 1160  procedures.
 1161         (f) Incident reporting policies and procedures that
 1162  include, including verification of corrective action, and
 1163  provision for reporting to the department within a time period
 1164  prescribed by rule, documentation that incident reporting is the
 1165  affirmative duty of all staff, and a provision that specifies
 1166  that a person who files an incident report may not be subjected
 1167  to any civil action by virtue of that incident report.
 1168         (3) The quality improvement assurance program is the
 1169  responsibility of the director and is subject to review and
 1170  approval by the governing board of the service provider.
 1171         (4) Each director shall designate a person who is an
 1172  employee of or under contract with the service provider as the
 1173  provider’s quality improvement assurance manager.
 1174         (5)Incident reporting is the affirmative duty of all
 1175  staff.
 1176         (6)A person who files an incident report may not be
 1177  subjected to any civil action by virtue of that incident report.
 1178         (5)(7) The department may access all service provider
 1179  records necessary to determine compliance with this section.
 1180  Records relating solely to actions taken in carrying out this
 1181  section and records obtained by the department to determine a
 1182  provider’s compliance with this section are confidential and
 1183  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 1184  of the State Constitution. Such records are not admissible in
 1185  any civil or administrative action except in disciplinary
 1186  proceedings by the Department of Health Business and
 1187  Professional Regulation or the appropriate regulatory board, and
 1188  are not part of the record of investigation and prosecution in
 1189  disciplinary proceedings made available to the public by the
 1190  Department of Health Business and Professional Regulation or the
 1191  appropriate regulatory board. Meetings or portions of meetings
 1192  of quality improvement assurance program committees that relate
 1193  solely to actions taken pursuant to this section are exempt from
 1194  s. 286.011.
 1195         (6)(8) The quality improvement assurance program must also
 1196  shall be implemented as part of the department’s contract
 1197  management process. The quality assurance program shall:
 1198         (a)Track performance measures and standards established by
 1199  the Legislature as part of the performance-based program
 1200  budgeting process;
 1201         (a)(b) Provide a framework for evaluating outcomes which is
 1202  separate from the performance-based program budgeting process,
 1203  including:
 1204         1. Output measures, such as capacities, technologies, and
 1205  infrastructure, that make up the system of care.
 1206         2. Process measures, such as administrative and clinical
 1207  components of treatment.
 1208         3. Outcome measures pertaining to the outcomes of services;
 1209         (b)(c) Provide for a system of analyzing those factors
 1210  which have an effect on performance at the local level;
 1211         (c)(d) Provide for a system of reporting the results of
 1212  quality improvement assurance reviews; and
 1213         (d)(e) Incorporate best practice models for use in
 1214  improving performance in those areas which are deficient.
 1215         (9)The quality assurance program shall incorporate a peer
 1216  review process into its protocol, to include:
 1217         (a)Reviews of providers by departmental district staff and
 1218  other providers.
 1219         (b)Reviews of individual districts by other districts.
 1220         (7)(10) Contingent upon specific appropriation, a quality
 1221  improvement assurance coordinator position shall be established
 1222  within each substate entity service district to oversee the
 1223  implementation and operation of the quality improvement
 1224  assurance program.
 1225         Section 21. Section 397.427, Florida Statutes, is amended
 1226  to read:
 1227         397.427 Medication-assisted Medication treatment service
 1228  providers; rehabilitation program; needs assessment and
 1229  provision of services; persons authorized to issue takeout
 1230  medication methadone; unlawful operation; penalty.—
 1231         (1) Medication treatment service Providers of medication
 1232  assisted treatment services for opiate addiction may not be
 1233  licensed unless they provide supportive rehabilitation programs.
 1234  Supportive rehabilitation programs include, but are not limited
 1235  to, counseling, therapy, and vocational rehabilitation.
 1236         (2) The department shall determine the need for
 1237  establishing medication treatment service providers of
 1238  medication-assisted treatment services for opiate addiction.
 1239         (a) Medication treatment service Providers of medication
 1240  assisted treatment services for opiate addiction may be
 1241  established only in response to the department’s determination
 1242  and publication of need for additional medication treatment
 1243  services.
 1244         (b) The department shall prescribe by rule the types of
 1245  medication-assisted medication treatment services for opiate
 1246  addiction for which it is necessary to conduct annual
 1247  assessments of need. If needs assessment is required, the
 1248  department shall annually conduct the assessment and publish a
 1249  statement of findings which identifies each substate entity’s
 1250  district’s need.
 1251         (c) Notwithstanding paragraphs (a) and (b), the license for
 1252  medication-assisted medication treatment programs for opiate
 1253  addiction licensed before October 1, 1990, may not be revoked
 1254  solely because of the department’s determination concerning the
 1255  need for medication-assisted medication treatment services for
 1256  opiate addiction.
 1257         (3) The department shall adopt rules necessary to
 1258  administer this section, including, but not limited to, rules
 1259  prescribing criteria and procedures for:
 1260         (a) Determining the need for additional medication-assisted
 1261  medication treatment services for opiate addiction.
 1262         (b) Selecting medication treatment service providers for
 1263  medication-assisted treatment services for opiate addiction when
 1264  the number of responses to a publication of need exceeds the
 1265  determined need.
 1266         (c) Administering any federally required rules,
 1267  regulations, or procedures.
 1268         (4) A service provider operating in violation of this
 1269  section is subject to proceedings in accordance with this
 1270  chapter to enjoin that unlawful operation.
 1271         (5) Notwithstanding the provisions of s. 465.019(2), a
 1272  physician assistant, a registered nurse, an advanced registered
 1273  nurse practitioner, or a licensed practical nurse working for a
 1274  licensed service provider may is authorized to deliver takeout
 1275  medication for opiate treatment methadone to persons enrolled in
 1276  a methadone maintenance treatment program for medication
 1277  assisted treatment for opiate addiction if provided that:
 1278         (a) The medication-assisted methadone maintenance treatment
 1279  program for opiate addiction has an appropriate valid permit
 1280  issued pursuant to rules adopted promulgated by the Board of
 1281  Pharmacy;
 1282         (b) The medication for treatment of opiate addiction has
 1283  been delivered pursuant to a valid prescription written by the
 1284  program’s physician licensed pursuant to chapter 458 or chapter
 1285  459;
 1286         (c) The medication for treatment of opiate addiction which
 1287  is ordered appears on a formulary and is prepackaged and
 1288  prelabeled with dosage instructions and distributed from a
 1289  source authorized under chapter 499;
 1290         (d) Each licensed provider adopts written protocols which
 1291  provide for supervision of the physician assistant, registered
 1292  nurse, advanced registered nurse practitioner, or licensed
 1293  practical nurse by a physician licensed pursuant to chapter 458
 1294  or chapter 459 and for the procedures by which patients’
 1295  medications may be delivered by the physician assistant,
 1296  registered nurse, advanced registered nurse practitioner, or
 1297  licensed practical nurse. Such protocols shall be signed by the
 1298  supervising physician and either the administering registered
 1299  nurse, the advanced registered nurse practitioner, or the
 1300  licensed practical nurse.
 1301         (e) Each licensed service provider maintains and has
 1302  available for inspection by representatives of the Board of
 1303  Pharmacy all medical records and patient care protocols,
 1304  including records of medications delivered to patients, in
 1305  accordance with the board.
 1306         (6)The department shall also determine the need for
 1307  establishing medication-assisted treatment for substance-use
 1308  disorders other than opiate dependence. Service providers within
 1309  the publicly funded system shall be funded for provision of
 1310  these services based on the availability of funds.
 1311         (7)Service providers that provide medication-assisted
 1312  treatment for substance abuse other than opiate dependence shall
 1313  provide counseling services in conjunction with medication
 1314  assisted treatment.
 1315         (8)The department shall adopt rules necessary to
 1316  administer medication-assisted treatment services, including,
 1317  but not limited to, rules prescribing criteria and procedures
 1318  for:
 1319         (a)Determining the need for medication-assisted treatment
 1320  services within the publicly funded system.
 1321         (b)Selecting medication-assisted service providers within
 1322  the publicly funded system.
 1323         (c)Administering any federally required rules,
 1324  regulations, or procedures related to the provision of
 1325  medication-assisted treatment.
 1326         (9)A physician assistant, registered nurse, an advanced
 1327  registered nurse practitioner, or a licensed practical nurse
 1328  working for a licensed service provider may deliver medication
 1329  as prescribed by rule if:
 1330         (a)The service provider is authorized to provide
 1331  medication-assisted treatment;
 1332         (b)The medication has been administered pursuant to a
 1333  valid prescription written by the program’s physician who is
 1334  licensed under chapter 458 or chapter 459; and
 1335         (c)The medication ordered appears on a formulary or meets
 1336  federal requirements for medication-assisted treatment.
 1337         (10)Each licensed service provider that provides
 1338  medication-assisted treatment must adopt written protocols as
 1339  specified by the department and in accordance with federally
 1340  required rules, regulations, or procedures. The protocol shall
 1341  provide for the supervision of the physician assistant,
 1342  registered nurse, advanced registered nurse practitioner, or
 1343  licensed practical nurse working under the supervision of a
 1344  physician who is licensed under chapter 458 or chapter 459. The
 1345  protocol must specify how the medication will be used in
 1346  conjunction with counseling or psychosocial treatment and that
 1347  the services provided will be included on the treatment plan.
 1348  The protocol must specify the procedures by which medication
 1349  assisted treatment may be administered by the physician
 1350  assistant, registered nurse, advanced registered nurse
 1351  practitioner, or licensed practical nurse. These protocols shall
 1352  be signed by the supervising physician and the administering
 1353  physician assistant, registered nurse, advanced registered nurse
 1354  practitioner, or licensed practical nurse.
 1355         (11)Each licensed service provider shall maintain and have
 1356  available for inspection by representatives of the Board of
 1357  Pharmacy all medical records and protocols, including records of
 1358  medications delivered to individuals in accordance with rules of
 1359  the board.
 1360         Section 22. Section 397.431, Florida Statutes, is amended
 1361  to read:
 1362         397.431 Individual Client responsibility for cost of
 1363  substance abuse impairment services.—
 1364         (1) Before Prior to accepting an individual a client for
 1365  admission and in accordance with confidentiality guidelines,
 1366  both the full charge for services and the fee charged to the
 1367  individual client for such services under the provider’s fee
 1368  system or payment policy must be disclosed to each individual
 1369  client or his or her authorized personal representative, or
 1370  parent or legal guardian if the individual client is a minor who
 1371  did not seek treatment voluntarily and without parental consent.
 1372         (2) An individual A client or his or her authorized
 1373  personal representative, or parent or legal guardian if the
 1374  individual client is a minor, is required to contribute toward
 1375  the cost of substance abuse services in accordance with his or
 1376  her ability to pay, unless otherwise provided by law.
 1377         (3) The parent, legal guardian, or legal custodian of a
 1378  minor is not liable for payment for any substance abuse services
 1379  provided to the minor without parental consent pursuant to s.
 1380  397.601(4), unless the parent, legal guardian, or legal
 1381  custodian participates or is ordered to participate in the
 1382  services, and only for the substance abuse services rendered. If
 1383  the minor is receiving services as a juvenile offender, the
 1384  obligation to pay is governed by the law relating to juvenile
 1385  offenders.
 1386         (4) Service providers that do not contract for state funds
 1387  to provide substance abuse services as defined in this chapter
 1388  may establish their own admission policies regarding provisions
 1389  for payment for services. Such policies must comply with other
 1390  statutory and regulatory requirements governing state or federal
 1391  reimbursements to a provider for services delivered to
 1392  individuals individual clients. As used in this subsection, the
 1393  term “contract for state funds” does not include Medicaid funds.
 1394         (5) Service providers that contract for state funds to
 1395  provide substance abuse services as defined in this chapter must
 1396  establish a fee system based upon an individual’s a client’s
 1397  ability to pay and, if space and sufficient state resources are
 1398  available, may not deny an individual a client access to
 1399  services solely on the basis of the individual’s client’s
 1400  inability to pay.
 1401         Section 23. Paragraphs (a) and (e) of subsection (1) of
 1402  section 397.451, Florida Statutes, are amended to read:
 1403         397.451 Background checks of service provider personnel.—
 1404         (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
 1405  EXCEPTIONS.—
 1406         (a) Background checks shall apply as follows:
 1407         1. All owners, directors, and chief financial officers of
 1408  service providers are subject to level 2 background screening as
 1409  provided under chapter 435. Inmate substance abuse programs
 1410  operated directly or under contract with the Department of
 1411  Corrections are exempt from this requirement.
 1412         2. All service provider personnel who have direct contact
 1413  with children receiving services or with adults who are
 1414  developmentally disabled receiving services are subject to level
 1415  2 background screening as provided under chapter 435.
 1416         (e) Personnel employed directly or under contract with by
 1417  the Department of Corrections in an inmate substance abuse
 1418  program a substance abuse service component who have direct
 1419  contact with unmarried inmates under the age of 18 or with
 1420  inmates who are developmentally disabled are exempt from the
 1421  fingerprinting and background check requirements of this
 1422  section.
 1423         Section 24. Paragraphs (a) and (b) of subsection (1) of
 1424  section 397.471, Florida Statutes, are amended to read:
 1425         397.471 Service provider facility standards.—
 1426         (1) Each service provider must ensure:
 1427         (a) Sufficient numbers and types of qualified personnel on
 1428  duty and available to provide necessary and adequate client
 1429  safety and care.
 1430         (b) Adequate space for each individual served within client
 1431  of a residential facility.
 1432         Section 25. Section 397.501, Florida Statutes, is amended
 1433  to read:
 1434         397.501 Rights of individuals clients.—Individuals Clients
 1435  receiving substance abuse services from any service provider are
 1436  guaranteed protection of the rights specified in this section,
 1437  unless otherwise expressly provided, and service providers must
 1438  ensure the protection of such rights.
 1439         (1) RIGHT TO INDIVIDUAL DIGNITY.—The individual dignity of
 1440  the individual served client must be respected at all times and
 1441  upon all occasions, including any occasion when the individual
 1442  client is admitted, retained, or transported. Individuals served
 1443  Substance abuse clients who are not accused of a crime or
 1444  delinquent act may not be detained or incarcerated in jails,
 1445  detention centers, or training schools of the state, except for
 1446  purposes of protective custody in strict accordance with this
 1447  chapter. An individual A client may not be deprived of any
 1448  constitutional right.
 1449         (2) RIGHT TO NONDISCRIMINATORY SERVICES.—
 1450         (a) Service providers may not deny an individual a client
 1451  access to substance abuse services solely on the basis of race,
 1452  gender, ethnicity, age, sexual preference, human
 1453  immunodeficiency virus status, prior service departures against
 1454  medical advice, disability, or number of relapse episodes.
 1455  Service providers may not deny an individual a client who takes
 1456  medication prescribed by a physician access to substance abuse
 1457  services solely on that basis. Service providers who receive
 1458  state funds to provide substance abuse services may not, if
 1459  provided space and sufficient state resources are available,
 1460  deny a client access to services based solely on inability to
 1461  pay.
 1462         (b) Each individual client in treatment must be afforded
 1463  the opportunity to participate in the formulation and periodic
 1464  review of his or her individualized treatment or service plan to
 1465  the extent of his or her ability to so participate.
 1466         (c) It is the policy of the state to use the least
 1467  restrictive and most appropriate services available, based on
 1468  the needs and the best interests of the individual client and
 1469  consistent with optimum care of the individual client.
 1470         (d) Each individual client must be afforded the opportunity
 1471  to participate in activities designed to enhance self-image.
 1472         (3) RIGHT TO QUALITY SERVICES.—
 1473         (a) Each individual client must be delivered services
 1474  suited to his or her needs, administered skillfully, safely,
 1475  humanely, with full respect for his or her dignity and personal
 1476  integrity, and in accordance with all statutory and regulatory
 1477  requirements.
 1478         (b) These services must include the use of methods and
 1479  techniques to control aggressive client behavior that poses an
 1480  immediate threat to the individual client or to other persons.
 1481  Such methods and techniques include the use of restraints, the
 1482  use of seclusion, the use of time-out, and other behavior
 1483  management techniques. When authorized, these methods and
 1484  techniques may be applied only by persons who are employed by
 1485  service providers and trained in the application and use of
 1486  these methods and techniques. The department must specify by
 1487  rule the methods that may be used and the techniques that may be
 1488  applied by service providers to control aggressive client
 1489  behavior and must specify by rule the physical facility
 1490  requirements for seclusion rooms, including dimensions, safety
 1491  features, methods of observation, and contents.
 1492         (4) RIGHT TO COMMUNICATION.—
 1493         (a) Each individual client has the right to communicate
 1494  freely and privately with other persons within the limitations
 1495  imposed by service provider policy.
 1496         (b) Because the delivery of services can only be effective
 1497  in a substance abuse free environment, close supervision of each
 1498  individual’s client’s communications and correspondence is
 1499  necessary, particularly in the initial stages of treatment, and
 1500  the service provider must therefore set reasonable rules for
 1501  telephone, mail, and visitation rights, giving primary
 1502  consideration to the well-being and safety of individuals
 1503  clients, staff, and the community. It is the duty of the service
 1504  provider to inform the individual client and his or her family
 1505  if the family is involved at the time of admission about the
 1506  provider’s rules relating to communications and correspondence.
 1507         (5) RIGHT TO CARE AND CUSTODY OF PERSONAL EFFECTS OF
 1508  CLIENTS.—An individual A client has the right to possess
 1509  clothing and other personal effects. The service provider may
 1510  take temporary custody of the individual’s client’s personal
 1511  effects only when required for medical or safety reasons, with
 1512  the reason for taking custody and a list of the personal effects
 1513  recorded in the individual’s client’s clinical record.
 1514         (6) RIGHT TO EDUCATION OF MINORS.—Each minor client in a
 1515  residential service component is guaranteed education and
 1516  training appropriate to his or her needs. The service provider
 1517  shall coordinate with local education agencies to ensure that
 1518  education and training is provided to each minor client in
 1519  accordance with other applicable laws and regulations and that
 1520  parental responsibilities related to such education and training
 1521  are established within the provisions of such applicable laws
 1522  and regulations. Nothing in This chapter does not may be
 1523  construed to relieve any local education authority of its
 1524  obligation under law to provide a free and appropriate education
 1525  to every child.
 1526         (7) RIGHT TO CONFIDENTIALITY OF INDIVIDUAL CLIENT RECORDS.—
 1527         (a) The records of service providers which pertain to the
 1528  identity, diagnosis, and prognosis of and service provision to
 1529  any individual client are confidential in accordance with this
 1530  chapter and with applicable federal confidentiality regulations
 1531  and are exempt from the provisions of s. 119.07(1) and s. 24(a),
 1532  Art. I of the State Constitution. Such records may not be
 1533  disclosed without the written consent of the individual client
 1534  to whom they pertain except that appropriate disclosure may be
 1535  made without such consent:
 1536         1. To medical personnel in a medical emergency.
 1537         2. To service provider personnel if such personnel need to
 1538  know the information in order to carry out duties relating to
 1539  the provision of services to an individual a client.
 1540         3. To the secretary of the department or the secretary’s
 1541  designee, for purposes of scientific research, in accordance
 1542  with federal confidentiality regulations, but only upon
 1543  agreement in writing that the individual’s client’s name and
 1544  other identifying information will not be disclosed.
 1545         4. In the course of review of service-provider records on
 1546  service provider premises by persons who are performing an audit
 1547  or evaluation on behalf of any federal, state, or local
 1548  government agency, or third-party payor providing financial
 1549  assistance or reimbursement to the service provider; however,
 1550  reports produced as a result of such audit or evaluation may not
 1551  disclose client names or other identifying information and must
 1552  be in accordance accord with federal confidentiality
 1553  regulations.
 1554         5. Upon court order based on application showing good cause
 1555  for disclosure. In determining whether there is good cause for
 1556  disclosure, the court shall examine whether the public interest
 1557  and the need for disclosure outweigh the potential injury to the
 1558  individual client, to the service provider and the individual
 1559  provider-client relationship, and to the service provider
 1560  itself.
 1561         (b) The restrictions on disclosure and use in this section
 1562  do not apply to communications from provider personnel to law
 1563  enforcement officers which:
 1564         1. Are directly related to an individual’s a client’s
 1565  commission of a crime on the premises of the provider or against
 1566  provider personnel or to a threat to commit such a crime; and
 1567         2. Are limited to the circumstances of the incident,
 1568  including the client status of the individual committing or
 1569  threatening to commit the crime, that individual’s name and
 1570  address, and that individual’s last known whereabouts.
 1571         (c) The restrictions on disclosure and use in this section
 1572  do not apply to the reporting of incidents of suspected child
 1573  abuse and neglect to the appropriate state or local authorities
 1574  as required by law. However, such restrictions continue to apply
 1575  to the original substance abuse client records maintained by the
 1576  provider, including their disclosure and use for civil or
 1577  criminal proceedings which may arise out of the report of
 1578  suspected child abuse and neglect.
 1579         (d) Any answer to a request for a disclosure of individual
 1580  client records which is not permissible under this section or
 1581  under the appropriate federal regulations must be made in a way
 1582  that will not affirmatively reveal that an identified individual
 1583  has been, or is being diagnosed or treated for substance abuse.
 1584  The regulations do not restrict a disclosure that an identified
 1585  individual is not and has never received services has been a
 1586  client.
 1587         (e)1. Since a minor acting alone has the legal capacity to
 1588  voluntarily apply for and obtain substance abuse treatment, any
 1589  written consent for disclosure may be given only by the minor
 1590  client. This restriction includes, but is not limited to, any
 1591  disclosure of client identifying information to the parent,
 1592  legal guardian, or custodian of a minor client for the purpose
 1593  of obtaining financial reimbursement.
 1594         2. When the consent of a parent, legal guardian, or
 1595  custodian is required under this chapter in order for a minor to
 1596  obtain substance abuse treatment, any written consent for
 1597  disclosure must be given by both the minor and the parent, legal
 1598  guardian, or custodian.
 1599         (f) An order of a court of competent jurisdiction
 1600  authorizing disclosure and use of confidential information is a
 1601  unique kind of court order. Its only purpose is to authorize a
 1602  disclosure or use of client identifying information which would
 1603  otherwise be prohibited by this section. Such an order does not
 1604  compel disclosure. A subpoena or a similar legal mandate must be
 1605  issued in order to compel disclosure. This mandate may be
 1606  entered at the same time as, and accompany, an authorizing court
 1607  order entered under this section.
 1608         (g) An order authorizing the disclosure of an individual’s
 1609  client records may be applied for by any person having a legally
 1610  recognized interest in the disclosure which is sought. The
 1611  application may be filed separately or as part of a pending
 1612  civil action in which it appears that the individual’s client
 1613  records are needed to provide evidence. An application must use
 1614  a fictitious name, such as John Doe or Jane Doe, to refer to any
 1615  individual client and may not contain or otherwise disclose any
 1616  client identifying information unless the individual client is
 1617  the applicant or has given a written consent to disclosure or
 1618  the court has ordered the record of the proceeding sealed from
 1619  public scrutiny.
 1620         (h) The individual client and the person holding the
 1621  records from whom disclosure is sought must be given adequate
 1622  notice in a manner which will not disclose client identifying
 1623  information to other persons, and an opportunity to file a
 1624  written response to the application, or to appear in person, for
 1625  the limited purpose of providing evidence on the statutory and
 1626  regulatory criteria for the issuance of the court order.
 1627         (i) Any oral argument, review of evidence, or hearing on
 1628  the application must be held in the judge’s chambers or in some
 1629  manner which ensures that client identifying information is not
 1630  disclosed to anyone other than a party to the proceeding, the
 1631  individual client, or the person holding the record, unless the
 1632  individual client requests an open hearing. The proceeding may
 1633  include an examination by the judge of the client records
 1634  referred to in the application.
 1635         (j) A court may authorize the disclosure and use of client
 1636  records for the purpose of conducting a criminal investigation
 1637  or prosecution of an individual a client only if the court finds
 1638  that all of the following criteria are met:
 1639         1. The crime involved is extremely serious, such as one
 1640  which causes or directly threatens loss of life or serious
 1641  bodily injury, including but not limited to homicide, sexual
 1642  assault, sexual battery, kidnapping, armed robbery, assault with
 1643  a deadly weapon, and child abuse and neglect.
 1644         2. There is reasonable likelihood that the records will
 1645  disclose information of substantial value in the investigation
 1646  or prosecution.
 1647         3. Other ways of obtaining the information are not
 1648  available or would not be effective.
 1649         4. The potential injury to the individual client, to the
 1650  physician-individual physician-client relationship and to the
 1651  ability of the program to provide services to other individuals
 1652  clients is outweighed by the public interest and the need for
 1653  the disclosure.
 1654         (8) RIGHT TO COUNSEL.—Each individual client must be
 1655  informed that he or she has the right to be represented by
 1656  counsel in any involuntary proceeding for assessment,
 1657  stabilization, or treatment and that he or she, or if the
 1658  individual client is a minor his or her parent, legal guardian,
 1659  or legal custodian, may apply immediately to the court to have
 1660  an attorney appointed if he or she cannot afford one.
 1661         (9) RIGHT TO HABEAS CORPUS.—At any time, and without
 1662  notice, an individual a client involuntarily retained by a
 1663  provider, or the individual’s client’s parent, guardian,
 1664  custodian, or attorney on behalf of the individual client, may
 1665  petition for a writ of habeas corpus to question the cause and
 1666  legality of such retention and request that the court issue a
 1667  writ for the individual’s client’s release.
 1668         (10) LIABILITY AND IMMUNITY.—
 1669         (a) Service provider personnel who violate or abuse any
 1670  right or privilege of an individual a client under this chapter
 1671  are liable for damages as determined by law.
 1672         (b) All persons acting in good faith, reasonably, and
 1673  without negligence in connection with the preparation or
 1674  execution of petitions, applications, certificates, or other
 1675  documents or the apprehension, detention, discharge,
 1676  examination, transportation, or treatment of a person under the
 1677  provisions of this chapter shall be free from all liability,
 1678  civil or criminal, by reason of such acts.
 1679         Section 26. Section 397.581, Florida Statutes, is amended
 1680  to read:
 1681         397.581 Unlawful activities relating to client assessment
 1682  and treatment; penalties.—
 1683         (1) Knowingly furnishing false information for the purpose
 1684  of obtaining emergency or other involuntary admission for any
 1685  person is a misdemeanor of the first degree, punishable as
 1686  provided in s. 775.082 and by a fine not exceeding $5,000.
 1687         (2) Causing or otherwise securing, or conspiring with or
 1688  assisting another to cause or secure, without reason for
 1689  believing a person to be impaired, any emergency or other
 1690  involuntary procedure for the person is a misdemeanor of the
 1691  first degree, punishable as provided in s. 775.082 and by a fine
 1692  not exceeding $5,000.
 1693         (3) Causing, or conspiring with or assisting another to
 1694  cause, the denial to any person of any right accorded pursuant
 1695  to this chapter is a misdemeanor of the first degree, punishable
 1696  as provided in s. 775.082 and by a fine not exceeding $5,000.
 1697         Section 27. Paragraph (a) of subsection (4) of section
 1698  397.601, Florida Statutes, is amended to read:
 1699         397.601 Voluntary admissions.—
 1700         (4)(a) The disability of minority for persons under 18
 1701  years of age is removed solely for the purpose of obtaining
 1702  voluntary substance abuse impairment services from a licensed
 1703  service provider, and consent to such services by a minor has
 1704  the same force and effect as if executed by an individual a
 1705  client who has reached the age of majority. Such consent is not
 1706  subject to later disaffirmance based on minority.
 1707         Section 28. Subsections (1) and (3) of section 397.6751,
 1708  Florida Statutes, are amended to read:
 1709         397.6751 Service provider responsibilities regarding
 1710  involuntary admissions.—
 1711         (1) It is the responsibility of the service provider to:
 1712         (a) Ensure that a person who is admitted to a licensed
 1713  service component meets the admission criteria specified in s.
 1714  397.675;
 1715         (b) Ascertain whether the medical and behavioral conditions
 1716  of the person, as presented, are beyond the safe management
 1717  capabilities of the service provider;
 1718         (c) Provide for the admission of the person to the service
 1719  component that represents the least restrictive available
 1720  setting that is responsive to the person’s treatment needs;
 1721         (d) Verify that the admission of the person to the service
 1722  component does not result in a census in excess of its licensed
 1723  service capacity;
 1724         (e) Determine whether the cost of services is within the
 1725  financial means of the person or those who are financially
 1726  responsible for the person’s care; and
 1727         (f) Take all necessary measures to ensure that each
 1728  individual client in treatment is provided with a safe
 1729  environment, and to ensure that each individual client whose
 1730  medical condition or behavioral problem becomes such that he or
 1731  she cannot be safely managed by the service component is
 1732  discharged and referred to a more appropriate setting for care.
 1733         (3) When, in the judgment of the service provider, the
 1734  medical conditions or behavioral problems of an involuntary
 1735  individual client become such that they cannot be safely managed
 1736  by the service component, the service provider must discharge
 1737  the individual client and attempt to assist him or her in
 1738  securing more appropriate services in a setting more responsive
 1739  to his or her needs. Upon completing these efforts, the service
 1740  provider must, within 72 hours, report in writing to the
 1741  referral source, in compliance with federal confidentiality
 1742  regulations:
 1743         (a) The basis for the individual’s client’s discharge;, and
 1744         (b) Documentation of the service provider’s efforts to
 1745  assist the person in gaining access to appropriate services.
 1746         Section 29. Section 397.6752, Florida Statutes, is amended
 1747  to read:
 1748         397.6752 Referral of involuntarily admitted individual
 1749  client for voluntary treatment.—Upon giving his or her written
 1750  informed consent, an involuntarily admitted individual client
 1751  may be referred to a service provider for voluntary admission
 1752  when the service provider determines that the individual client
 1753  no longer meets involuntary criteria.
 1754         Section 30. Section 397.6758, Florida Statutes, is amended
 1755  to read:
 1756         397.6758 Release of individual client from protective
 1757  custody, emergency admission, involuntary assessment,
 1758  involuntary treatment, and alternative involuntary assessment of
 1759  a minor.—An individual A client involuntarily admitted to a
 1760  licensed service provider may be released without further order
 1761  of the court only by a qualified professional in a hospital, a
 1762  detoxification facility, an addictions receiving facility, or
 1763  any less restrictive treatment component. Notice of the release
 1764  must be provided to the applicant in the case of an emergency
 1765  admission or an alternative involuntary assessment for a minor,
 1766  or to the petitioner and the court if the involuntary assessment
 1767  or treatment was court ordered. In the case of a minor client,
 1768  the release must be:
 1769         (1) To the individual’s client’s parent, legal guardian, or
 1770  legal custodian or the authorized designee thereof;
 1771         (2) To the Department of Children and Family Services
 1772  pursuant to s. 39.401; or
 1773         (3) To the Department of Juvenile Justice pursuant to s.
 1774  984.13.
 1775         Section 31. Section 397.6773, Florida Statutes, is amended
 1776  to read:
 1777         397.6773 Dispositional alternatives after protective
 1778  custody.—
 1779         (1) An individual A client who is in protective custody
 1780  must be released by a qualified professional when:
 1781         (a) The individual client no longer meets the involuntary
 1782  admission criteria in s. 397.675(1);
 1783         (b) The 72-hour period has elapsed; or
 1784         (c) The individual client has consented to remain
 1785  voluntarily at the licensed service provider.
 1786         (2) An individual A client may only be retained in
 1787  protective custody beyond the 72-hour period when a petition for
 1788  involuntary assessment or treatment has been initiated. The
 1789  timely filing of the petition authorizes the service provider to
 1790  retain physical custody of the individual client pending further
 1791  order of the court.
 1792         Section 32. Section 397.6797, Florida Statutes, is amended
 1793  to read:
 1794         397.6797 Dispositional alternatives after emergency
 1795  admission.—Within 72 hours after an emergency admission to a
 1796  hospital or a licensed detoxification or addictions receiving
 1797  facility, the individual client must be assessed by the
 1798  attending physician to determine the need for further services.
 1799  Within 5 days after an emergency admission to a nonresidential
 1800  component of a licensed service provider, the individual client
 1801  must be assessed by a qualified professional to determine the
 1802  need for further services. Based upon that assessment, a
 1803  qualified professional of the hospital, detoxification facility,
 1804  or addictions receiving facility, or a qualified professional if
 1805  a less restrictive component was used, must either:
 1806         (1) Release the individual client and, where appropriate,
 1807  refer the individual client to other needed services; or
 1808         (2) Retain the individual client when:
 1809         (a) The individual client has consented to remain
 1810  voluntarily at the licensed provider; or
 1811         (b) A petition for involuntary assessment or treatment has
 1812  been initiated, the timely filing of which authorizes the
 1813  service provider to retain physical custody of the individual
 1814  client pending further order of the court.
 1815         Section 33. Section 397.6799, Florida Statutes, is amended
 1816  to read:
 1817         397.6799 Disposition of minor client upon completion of
 1818  alternative involuntary assessment.—A minor who has been
 1819  assessed pursuant to s. 397.6798 must, within the time
 1820  specified, be released or referred for further voluntary or
 1821  involuntary treatment, whichever is most appropriate to the
 1822  needs of the minor.
 1823         Section 34. Section 397.6819, Florida Statutes, is amended
 1824  to read:
 1825         397.6819 Involuntary assessment and stabilization;
 1826  responsibility of licensed service provider.—A licensed service
 1827  provider may admit an individual a client for involuntary
 1828  assessment and stabilization for a period not to exceed 5 days.
 1829  The individual client must be assessed without unnecessary delay
 1830  by a qualified professional. If an assessment is performed by a
 1831  qualified professional who is not a physician, the assessment
 1832  must be reviewed by a physician before prior to the end of the
 1833  assessment period.
 1834         Section 35. Section 397.6821, Florida Statutes, is amended
 1835  to read:
 1836         397.6821 Extension of time for completion of involuntary
 1837  assessment and stabilization.—If a licensed service provider is
 1838  unable to complete the involuntary assessment and, if necessary,
 1839  stabilization of an individual a client within 5 days after the
 1840  court’s order, it may, within the original time period, file a
 1841  written request for an extension of time to complete its
 1842  assessment, and shall, in accordance with confidentiality
 1843  requirements, furnish a copy to all parties. With or without a
 1844  hearing, the court may grant additional time, not to exceed 7
 1845  days after the date of the renewal order, for the completion of
 1846  the involuntary assessment and stabilization of the individual
 1847  client. The original court order authorizing the involuntary
 1848  assessment and stabilization, or a request for an extension of
 1849  time to complete the assessment and stabilization that is timely
 1850  filed pursuant to this section, constitutes legal authority to
 1851  involuntarily hold the individual client for a period not to
 1852  exceed 10 days in the absence of a court order to the contrary.
 1853         Section 36. Section 397.6822, Florida Statutes, is amended
 1854  to read:
 1855         397.6822 Disposition of individual client after involuntary
 1856  assessment.—Based upon the involuntary assessment, a qualified
 1857  professional of the hospital, detoxification facility, or
 1858  addictions receiving facility, or a qualified professional when
 1859  a less restrictive component has been used, must:
 1860         (1) Release the individual client and, where appropriate,
 1861  refer the individual client to another treatment facility or
 1862  service provider, or to community services;
 1863         (2) Allow the individual client, with consent if the client
 1864  has consented, to remain voluntarily at the licensed provider;
 1865  or
 1866         (3) Retain the individual client when a petition for
 1867  involuntary treatment has been initiated, the timely filing of
 1868  which authorizes the service provider to retain physical custody
 1869  of the individual client pending further order of the court.
 1870  
 1871  Adhering to federal confidentiality regulations, notice of
 1872  disposition must be provided to the petitioner and to the court.
 1873         Section 37. Subsections (1) and (3) of section 397.697,
 1874  Florida Statutes, are amended to read:
 1875         397.697 Court determination; effect of court order for
 1876  involuntary substance abuse treatment.—
 1877         (1) When the court finds that the conditions for
 1878  involuntary substance abuse treatment have been proved by clear
 1879  and convincing evidence, it may order the respondent to undergo
 1880  involuntary treatment by a licensed service provider for a
 1881  period not to exceed 60 days. If the court finds it necessary,
 1882  it may direct the sheriff to take the respondent into custody
 1883  and deliver him or her to the licensed service provider
 1884  specified in the court order, or to the nearest appropriate
 1885  licensed service provider, for involuntary treatment. When the
 1886  conditions justifying involuntary treatment no longer exist, the
 1887  individual client must be released as provided in s. 397.6971.
 1888  When the conditions justifying involuntary treatment are
 1889  expected to exist after 60 days of treatment, a renewal of the
 1890  involuntary treatment order may be requested pursuant to s.
 1891  397.6975 prior to the end of the 60-day period.
 1892         (3) An involuntary treatment order authorizes the licensed
 1893  service provider to require the individual client to undergo
 1894  such treatment as will benefit him or her, including treatment
 1895  at any licensable service component of a licensed service
 1896  provider.
 1897         Section 38. Section 397.6971, Florida Statutes, is amended
 1898  to read:
 1899         397.6971 Early release from involuntary substance abuse
 1900  treatment.—
 1901         (1) At any time prior to the end of the 60-day involuntary
 1902  treatment period, or prior to the end of any extension granted
 1903  pursuant to s. 397.6975, an individual a client admitted for
 1904  involuntary treatment may be determined eligible for discharge
 1905  to the most appropriate referral or disposition for the
 1906  individual client when:
 1907         (a) The individual client no longer meets the criteria for
 1908  involuntary admission and has given his or her informed consent
 1909  to be transferred to voluntary treatment status;
 1910         (b) If the individual client was admitted on the grounds of
 1911  likelihood of infliction of physical harm upon himself or
 1912  herself or others, such likelihood no longer exists; or
 1913         (c) If the individual client was admitted on the grounds of
 1914  need for assessment and stabilization or treatment, accompanied
 1915  by inability to make a determination respecting such need,
 1916  either:
 1917         1. Such inability no longer exists; or
 1918         2. It is evident that further treatment will not bring
 1919  about further significant improvements in the individual’s
 1920  client’s condition;
 1921         (d) The individual client is no longer in need of services;
 1922  or
 1923         (e) The director of the service provider determines that
 1924  the individual client is beyond the safe management capabilities
 1925  of the provider.
 1926         (2) Whenever a qualified professional determines that an
 1927  individual a client admitted for involuntary treatment is ready
 1928  for early release for any of the reasons listed in subsection
 1929  (1), the service provider shall immediately discharge the
 1930  individual client, and must notify all persons specified by the
 1931  court in the original treatment order.
 1932         Section 39. Section 397.6975, Florida Statutes, is amended
 1933  to read:
 1934         397.6975 Extension of involuntary substance abuse treatment
 1935  period.—
 1936         (1) Whenever a service provider believes that an individual
 1937  a client who is nearing the scheduled date of release from
 1938  involuntary treatment continues to meet the criteria for
 1939  involuntary treatment in s. 397.693, a petition for renewal of
 1940  the involuntary treatment order may be filed with the court at
 1941  least 10 days before prior to the expiration of the court
 1942  ordered treatment period. The court shall immediately schedule a
 1943  hearing to be held not more than 15 days after filing of the
 1944  petition. The court shall provide the copy of the petition for
 1945  renewal and the notice of the hearing to all parties to the
 1946  proceeding. The hearing is conducted pursuant to s. 397.6957.
 1947         (2) If the court finds that the petition for renewal of the
 1948  involuntary treatment order should be granted, it may order the
 1949  respondent to undergo involuntary treatment for a period not to
 1950  exceed an additional 90 days. When the conditions justifying
 1951  involuntary treatment no longer exist, the individual client
 1952  must be released as provided in s. 397.6971. When the conditions
 1953  justifying involuntary treatment continue to exist after 90 days
 1954  of additional treatment, a new petition requesting renewal of
 1955  the involuntary treatment order may be filed pursuant to this
 1956  section.
 1957         Section 40. Section 397.6977, Florida Statutes, is amended
 1958  to read:
 1959         397.6977 Disposition of individual client upon completion
 1960  of involuntary substance abuse treatment.—At the conclusion of
 1961  the 60-day period of court-ordered involuntary treatment, the
 1962  individual client is automatically discharged unless a motion
 1963  for renewal of the involuntary treatment order has been filed
 1964  with the court pursuant to s. 397.6975.
 1965         Section 41. Paragraph (e) of subsection (2) of section
 1966  397.702, Florida Statutes, is amended to read:
 1967         397.702 Authorization of local ordinances for treatment of
 1968  habitual abusers in licensed secure facilities.—
 1969         (2) Ordinances for the treatment of habitual abusers must
 1970  provide:
 1971         (e) That, if the individual client still meets the criteria
 1972  for involuntary admission in s. 397.675 at or near the
 1973  expiration of the treatment period ordered by the court pursuant
 1974  to paragraph (d), the agent of the county or municipality may
 1975  file another habitual abuser petition pursuant to paragraph (b)
 1976  for a period not exceeding 180 days for each such petition.
 1977         Section 42. Subsections (2) and (3) of section 397.706,
 1978  Florida Statutes, are amended to read:
 1979         397.706 Screening, assessment, and disposition of juvenile
 1980  offenders.—
 1981         (2) The juvenile and circuit courts, in conjunction with
 1982  department substate entity district administration, shall
 1983  establish policies and procedures to ensure that juvenile
 1984  offenders are appropriately screened for substance abuse
 1985  problems and that diversionary and adjudicatory proceedings
 1986  include appropriate conditions and sanctions to address
 1987  substance abuse problems. Policies and procedures must address:
 1988         (a) The designation of local service providers responsible
 1989  for screening and assessment services and dispositional
 1990  recommendations to the department and the court.
 1991         (b) The means by which juvenile offenders are processed to
 1992  ensure participation in screening and assessment services.
 1993         (c) The role of the court in securing assessments when
 1994  juvenile offenders or their families are noncompliant.
 1995         (d) Safeguards to ensure that information derived through
 1996  screening and assessment is used solely to assist in
 1997  dispositional decisions and not for purposes of determining
 1998  innocence or guilt.
 1999         (3) Because resources available to support screening and
 2000  assessment services are limited, the judicial circuits and
 2001  department substate entity district administration must develop
 2002  those capabilities to the extent possible within available
 2003  resources according to the following priorities:
 2004         (a) Juvenile substance abuse offenders.
 2005         (b) Juvenile offenders who are substance abuse impaired at
 2006  the time of the offense.
 2007         (c) Second or subsequent juvenile offenders.
 2008         (d) Minors taken into custody.
 2009         Section 43. Subsection (2) of section 397.801, Florida
 2010  Statutes, is amended to read:
 2011         397.801 Substance abuse impairment coordination.—
 2012         (2) The department shall establish, within each of its
 2013  substate entities service districts, the full-time position of
 2014  substance abuse impairment prevention coordinator, to be filled
 2015  by a person with expertise in the area of substance abuse
 2016  impairment. The primary responsibility of this person is to
 2017  develop and implement activities which foster the prevention of
 2018  substance abuse impairment.
 2019         Section 44. Subsections (1) and (3) of section 397.821,
 2020  Florida Statutes, are amended to read:
 2021         397.821 Juvenile substance abuse impairment prevention and
 2022  early intervention councils.—
 2023         (1) Each judicial circuit as set forth in s. 26.021 may
 2024  establish a juvenile substance abuse impairment prevention and
 2025  early intervention council composed of at least 12 members,
 2026  including representatives from law enforcement, the department,
 2027  school districts, state attorney and public defender offices,
 2028  the circuit court, the religious community, substance abuse
 2029  impairment professionals, child advocates from the community,
 2030  business leaders, parents, and high school students. However,
 2031  those circuits which already have in operation a council of
 2032  similar composition may designate the existing body as the
 2033  juvenile substance abuse impairment prevention and early
 2034  intervention council for the purposes of this section. Each
 2035  council shall establish bylaws providing for the length of term
 2036  of its members, but the term may not exceed 4 years. The
 2037  substate entity district administrator, as defined in s. 20.19,
 2038  and the chief judge of the circuit court shall each appoint six
 2039  members of the council. The substate entity district
 2040  administrator shall appoint a representative from the
 2041  department, a school district representative, a substance abuse
 2042  impairment treatment professional, a child advocate, a parent,
 2043  and a high school student. The chief judge of the circuit court
 2044  shall appoint a business leader and representatives from the
 2045  state attorney’s office, the public defender’s office, the
 2046  religious community, the circuit court, and law enforcement
 2047  agencies.
 2048         (3) The council shall provide recommendations to the
 2049  Program Director for Substance Abuse annually for consideration
 2050  for inclusion in the substance abuse district alcohol, drug
 2051  abuse, and mental health substate entity plans.
 2052         Section 45. Subsection (1), paragraph (c) of subsection
 2053  (2), and subsection (3) of section 397.94, Florida Statutes, are
 2054  amended to read:
 2055         397.94 Children’s substance abuse services; information and
 2056  referral network.—
 2057         (1) Each substate entity service district of the department
 2058  shall develop a plan for and implement a districtwide
 2059  comprehensive children’s substance abuse information and
 2060  referral network to be operational by July 1, 2000.
 2061         (2) The substate entity district shall determine the most
 2062  cost-effective method for delivering this service and may select
 2063  a new provider or utilize an existing provider or providers with
 2064  a record of success in providing information and referral
 2065  services.
 2066         (c) Develop and implement procedures for documenting
 2067  requests for services, including, but not limited to:
 2068         1. Number of calls by type of service requested, if any;
 2069         2. Ages of children for whom services are requested; and
 2070         3. Disposition on all referrals, including location of
 2071  resource if referred for face-to-face screening.
 2072         (3) In planning the information and referral network, the
 2073  substate entity district shall consider the establishment of a
 2074  24-hour toll-free telephone number to call for information and a
 2075  public service campaign to inform the public about the
 2076  information and referral service.
 2077         Section 46. Section 397.95, Florida Statutes, is amended to
 2078  read:
 2079         397.95 Children’s substance abuse services; services
 2080  provided by licensed providers.—Each substate entity service
 2081  district of the department shall ensure that all screening,
 2082  intake, assessment, enrollment, service planning, and case
 2083  management services provided under this part are provided by
 2084  children’s substance abuse services providers licensed under
 2085  part II of this chapter and in accordance with standards set
 2086  forth in department rules.
 2087         Section 47. Paragraph (a) of subsection (3) of section
 2088  397.97, Florida Statutes, is amended to read:
 2089         397.97 Children’s substance abuse services; demonstration
 2090  models.—
 2091         (3) PURCHASE OF SERVICES; OPERATION CRITERIA.—
 2092         (a) Each demonstration model shall be governed by a
 2093  multiagency consortium of state and county agencies or other
 2094  public agencies, or a community-based, not-for-profit substance
 2095  abuse or behavioral health network designated by the department,
 2096  hereafter referred to as the purchasing agent, which shall
 2097  purchase individualized services for children who are at risk of
 2098  substance abuse or have a substance abuse problem. Services
 2099  shall be based on client need rather than on traditional
 2100  services limited to narrowly defined cost centers or
 2101  appropriations categories. Approval to operate as a Children’s
 2102  Network of Care Demonstration Model shall be given by the
 2103  secretary of the department and shall be based on criteria
 2104  developed by the department.
 2105         Section 48. Paragraph (g) of subsection (2) of section
 2106  397.99, Florida Statutes, is amended to read:
 2107         397.99 School substance abuse prevention partnership
 2108  grants.—
 2109         (2) APPLICATION PROCEDURES; FUNDING REQUIREMENTS.—
 2110         (g) The department shall consider the following in awarding
 2111  such grants:
 2112         1. The number of youths that will be targeted.
 2113         2. The validity of the program design to achieve project
 2114  goals and objectives that are clearly related to performance
 2115  based program budgeting effectiveness measures.
 2116         3. The desirability of funding at least one approved
 2117  project in each of the department’s substate entities service
 2118  districts.
 2119         Section 49. Paragraphs (d) and (g) of subsection (1) of
 2120  section 440.102, Florida Statutes, are amended to read:
 2121         440.102 Drug-free workplace program requirements.—The
 2122  following provisions apply to a drug-free workplace program
 2123  implemented pursuant to law or to rules adopted by the Agency
 2124  for Health Care Administration:
 2125         (1) DEFINITIONS.—Except where the context otherwise
 2126  requires, as used in this act:
 2127         (d) “Drug rehabilitation program” means a service provider,
 2128  established pursuant to s. 397.311(33) s. 397.311(28), that
 2129  provides confidential, timely, and expert identification,
 2130  assessment, and resolution of employee drug abuse.
 2131         (g) “Employee assistance program” means an established
 2132  program capable of providing expert assessment of employee
 2133  personal concerns; confidential and timely identification
 2134  services with regard to employee drug abuse; referrals of
 2135  employees for appropriate diagnosis, treatment, and assistance;
 2136  and followup services for employees who participate in the
 2137  program or require monitoring after returning to work. If, in
 2138  addition to the above activities, an employee assistance program
 2139  provides diagnostic and treatment services, these services shall
 2140  in all cases be provided by service providers pursuant to s.
 2141  397.311(33) s. 397.311(28).
 2142         Section 50. Paragraph (a) of subsection (1) of section
 2143  766.101, Florida Statutes, is amended to read:
 2144         766.101 Medical review committee, immunity from liability.—
 2145         (1) As used in this section:
 2146         (a) The term “medical review committee” or “committee”
 2147  means:
 2148         1.a. A committee of a hospital or ambulatory surgical
 2149  center licensed under chapter 395 or a health maintenance
 2150  organization certificated under part I of chapter 641,
 2151         b. A committee of a physician-hospital organization, a
 2152  provider-sponsored organization, or an integrated delivery
 2153  system,
 2154         c. A committee of a state or local professional society of
 2155  health care providers,
 2156         d. A committee of a medical staff of a licensed hospital or
 2157  nursing home, provided the medical staff operates pursuant to
 2158  written bylaws that have been approved by the governing board of
 2159  the hospital or nursing home,
 2160         e. A committee of the Department of Corrections or the
 2161  Correctional Medical Authority as created under s. 945.602, or
 2162  employees, agents, or consultants of either the department or
 2163  the authority or both,
 2164         f. A committee of a professional service corporation formed
 2165  under chapter 621 or a corporation organized under chapter 607
 2166  or chapter 617, which is formed and operated for the practice of
 2167  medicine as defined in s. 458.305(3), and which has at least 25
 2168  health care providers who routinely provide health care services
 2169  directly to patients,
 2170         g.A committee of the Department of Children and Family
 2171  Services which includes employees, agents, or consultants to the
 2172  department as deemed necessary to provide peer review,
 2173  utilization review, and mortality review of treatment services
 2174  provided pursuant to chapters 394, 397, and 916,
 2175         h.g. A committee of a mental health treatment facility
 2176  licensed under chapter 394 or a community mental health center
 2177  as defined in s. 394.907, provided the quality assurance program
 2178  operates pursuant to the guidelines which have been approved by
 2179  the governing board of the agency,
 2180         i.h. A committee of a substance abuse treatment and
 2181  education prevention program licensed under chapter 397 provided
 2182  the quality assurance program operates pursuant to the
 2183  guidelines which have been approved by the governing board of
 2184  the agency,
 2185         j.i. A peer review or utilization review committee
 2186  organized under chapter 440,
 2187         k.j. A committee of the Department of Health, a county
 2188  health department, healthy start coalition, or certified rural
 2189  health network, when reviewing quality of care, or employees of
 2190  these entities when reviewing mortality records, or
 2191         l.k. A continuous quality improvement committee of a
 2192  pharmacy licensed pursuant to chapter 465,
 2193  
 2194  which committee is formed to evaluate and improve the quality of
 2195  health care rendered by providers of health service, or to
 2196  determine that health services rendered were professionally
 2197  indicated or were performed in compliance with the applicable
 2198  standard of care, or that the cost of health care rendered was
 2199  considered reasonable by the providers of professional health
 2200  services in the area; or
 2201         2. A committee of an insurer, self-insurer, or joint
 2202  underwriting association of medical malpractice insurance, or
 2203  other persons conducting review under s. 766.106.
 2204         Section 51. Section 394.9081, Florida Statutes, is
 2205  repealed.
 2206         Section 52. This act shall take effect July 1, 2009.
 2207  
 2208  ================= T I T L E  A M E N D M E N T ================
 2209         And the title is amended as follows:
 2210         Delete everything before the enacting clause
 2211  and insert:
 2212                        A bill to be entitled                      
 2213         An act relating to substance abuse and mental health
 2214         services; amending s. 212.055, F.S.; conforming a
 2215         cross-reference; amending s. 394.67, F.S.; redefining
 2216         the term “residential treatment center for children
 2217         and adolescents”; amending s. 394.674, F.S.;
 2218         establishing priority populations of persons who are
 2219         eligible for services funded by the Department of
 2220         Children and Family Services; amending s. 394.908,
 2221         F.S.; conforming terminology to changes made by the
 2222         act; amending s. 394.9085, F.S.; conforming a cross
 2223         reference; amending s. 397.301, F.S.; deleting an
 2224         obsolete provision; amending s. 397.305, F.S.;
 2225         revising the legislative intent, purpose, and
 2226         findings; amending s. 397.311, F.S.; revising
 2227         definitions; amending s. 397.321, F.S.; revising the
 2228         duties of the Department of Children and Family
 2229         Services; deleting a provision that authorizes the
 2230         department to establish a pilot project to serve
 2231         certain persons who qualify to receive substance abuse
 2232         or mental health services in a specified district;
 2233         amending s. 397.331, F.S.; revising the term
 2234         “substance abuse programs and services” or “drug
 2235         control”; amending s. 397.401, F.S.; providing that it
 2236         is unlawful for an unlicensed agency to act as a
 2237         substance abuse service provider; amending s. 397.403,
 2238         F.S.; revising requirements for a license application;
 2239         amending s. 397.405, F.S.; providing that physician
 2240         assistants are exempt from licensing requirements
 2241         under ch. 397, F.S.; providing that a crisis
 2242         stabilization unit is exempt from licensure;
 2243         conforming a cross-reference; authorizing the
 2244         department to adopt certain rules; providing that ch.
 2245         397, F.S., does not limit the practice of a physician
 2246         assistant or an advanced registered nurse practitioner
 2247         who provides substance abuse treatment under certain
 2248         circumstances; amending s. 397.406, F.S.; providing
 2249         that substance abuse programs operated directly or
 2250         under contract by the Department of Juvenile Justice
 2251         are subject to licensure and regulation; amending s.
 2252         397.407, F.S.; conforming a cross-reference; revising
 2253         the licensure process; authorizing the Department of
 2254         Children and Family Services to issue probationary,
 2255         regular, and interim licenses; providing requirements
 2256         for probationary, regular, and interim licenses;
 2257         repealing s. 397.409, F.S., relating to probationary,
 2258         regular, and interim licenses; amending s. 397.411,
 2259         F.S.; requiring the department to notify certain
 2260         applicable agencies of any licensure inspections of
 2261         service providers; amending s. 397.415, F.S.;
 2262         requiring that fines collected as administrative
 2263         penalties be deposited in the Operations and
 2264         Maintenance Trust Fund of the department rather than
 2265         the Substance Abuse Impairment Provider Licensing
 2266         Trust Fund; revising requirements for suspending or
 2267         revoking a license; amending s. 397.416, F.S.;
 2268         conforming a cross-reference; amending s. 397.419,
 2269         F.S.; renaming quality assurance programs to “quality
 2270         improvement programs”; conforming provisions to
 2271         changes made by the act; providing that certain
 2272         records are not admissible in any civil or
 2273         administrative action except in disciplinary
 2274         proceedings by the Department of Health, and not the
 2275         Department of Business and Professional Regulation;
 2276         revising minimum guidelines for a service provider’s
 2277         quality improvement program; providing additional
 2278         requirements for a quality improvement program;
 2279         deleting a provision that requires a quality assurance
 2280         program to incorporate a peer review process; amending
 2281         s. 397.427, F.S.; specifying that medication treatment
 2282         service providers are providers of medication-assisted
 2283         treatment services for opiate addiction; conforming
 2284         provisions to changes made by the act; requiring the
 2285         department to determine the need for establishing
 2286         medication-assisted treatment services for other
 2287         substance-use disorders; requiring service providers
 2288         that provide medication-assisted treatment for other
 2289         substance-use disorders to provide counseling
 2290         services; requiring the department to adopt rules to
 2291         administer medication-assisted treatment services;
 2292         authorizing a physician assistant, registered nurse,
 2293         an advanced registered nurse practitioner, and a
 2294         licensed practical nurse to deliver medication, other
 2295         than methadone, for the purpose of medication-assisted
 2296         treatment for opiate addiction under certain
 2297         conditions; authorizing a physician assistant to
 2298         deliver takeout medication for opiate treatment to
 2299         certain persons; requiring a licensed service provider
 2300         that provides medication-assisted treatment to adopt
 2301         written protocols; providing requirements for the
 2302         protocols; requiring a licensed service provider that
 2303         provides medication-assisted treatment to maintain and
 2304         have ready for inspection medical records and
 2305         protocols; amending s. 397.431, F.S.; conforming
 2306         provisions to changes made by the act; amending s.
 2307         397.451, F.S.; providing that inmate substance abuse
 2308         programs are exempt from level 2 background
 2309         screenings; clarifying that certain personnel employed
 2310         in an inmate substance abuse program are exempt from
 2311         fingerprinting and background check requirements;
 2312         amending ss. 397.471, 397.501, 397.581, 397.601,
 2313         397.6751, 397.6752, 397.6758, 397.6773, 397.6797,
 2314         397.6799, 397.6819, 397.6821, 397.6822, 397.697,
 2315         397.6971, 397.6975, 397.6977, 397.702, 397.706,
 2316         397.801, 397.821, 397.94, 397.95, 397.97, 397.99,
 2317         F.S.; conforming provisions to changes made by the
 2318         act; amending s. 440.102, F.S.; conforming a cross
 2319         reference; amending s. 766.101, F.S.; redefining the
 2320         term “medical review committee” to include a committee
 2321         to review mental health and substance abuse treatment
 2322         services provided by the department; repealing s.
 2323         394.9081, F.S., relating to target groups for
 2324         substance abuse and mental health services; providing
 2325         an effective date.