Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 326
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/11/2015           .                                

       Appropriations Subcommittee on Health and Human Services (Smith)
       recommended the following:
    1         Senate Substitute for Amendment (604168) (with title
    2  amendment)
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsections (4) and (5), subsections (6) through
    7  (28), and subsections (29) through (39) of section 397.311,
    8  Florida Statutes, are renumbered as subsections (7) and (8),
    9  subsections (10) through (32), and subsections (35) through
   10  (45), respectively, present subsections (7) and (32) are
   11  amended, and new subsections (4), (5), (6), (9), (33), and (34)
   12  are added to that section, to read:
   13         397.311 Definitions.—As used in this chapter, except part
   14  VIII, the term:
   15         (4) “Certificate of compliance” means a certificate that is
   16  issued by a credentialing entity to a recovery residence or a
   17  recovery residence administrator.
   18         (5) “Certified recovery residence” means a recovery
   19  residence that holds a valid certificate of compliance and is
   20  actively managed by a certified recovery residence
   21  administrator.
   22         (6) “Certified recovery residence administrator” means a
   23  recovery residence administrator who holds a valid certificate
   24  of compliance.
   25         (9) “Credentialing entity” means a nonprofit organization
   26  that develops and administers professional, facility, or
   27  organization certification programs according to applicable
   28  nationally recognized certification or psychometric standards.
   29         (11)(7) “Director” means the chief administrative or
   30  executive officer of a service provider or recovery residence.
   31         (33) “Recovery residence” means a residential dwelling
   32  unit, or other form of group housing, that is offered or
   33  advertised through any means, including oral, written,
   34  electronic, or printed means, by any person or entity as a
   35  residence that provides a peer-supported, alcohol-free, and
   36  drug-free living environment.
   37         (34) “Recovery residence administrator” means the person
   38  responsible for overall management of the recovery residence,
   39  including, but not limited to, the supervision of residents and
   40  staff employed by, or volunteering for, the residence.
   41         (38)(32) “Service component” or “component” means a
   42  discrete operational entity within a service provider which is
   43  subject to licensing as defined by rule. Service components
   44  include prevention, intervention, and clinical treatment
   45  described in subsection (22) (18).
   46         Section 2. Section 397.487, Florida Statutes, is created to
   47  read:
   48         397.487 Voluntary certification of recovery residences.—
   49         (1) The Legislature finds that a person suffering from
   50  addiction has a higher success rate of achieving long-lasting
   51  sobriety when given the opportunity to build a stronger
   52  foundation by living in a recovery residence after completing
   53  treatment. The Legislature further finds that this state and its
   54  subdivisions have a legitimate state interest in protecting
   55  these persons, who represent a vulnerable consumer population in
   56  need of adequate housing. It is the intent of the Legislature to
   57  protect persons who reside in a recovery residence.
   58         (2) The department shall approve at least one credentialing
   59  entity by December 1, 2015, for the purpose of developing and
   60  administering a voluntary certification program for recovery
   61  residences. The approved credentialing entity shall:
   62         (a) Establish recovery residence certification
   63  requirements.
   64         (b) Establish procedures to:
   65         1. Administer the application, certification,
   66  recertification, and disciplinary processes.
   67         2. Monitor and inspect a recovery residence and its staff
   68  to ensure compliance with certification requirements.
   69         3. Interview and evaluate residents, employees, and
   70  volunteer staff on their knowledge and application of
   71  certification requirements.
   72         (c) Provide training for owners, managers, and staff.
   73         (d) Develop a code of ethics.
   74         (e) Establish application, inspection, and annual
   75  certification renewal fees. The application fee may not exceed
   76  $100. Any onsite inspection fee shall reflect actual costs for
   77  inspections. The annual certification renewal fee may not exceed
   78  $100.
   79         (3) A credentialing entity shall require the recovery
   80  residence to submit the following documents with the completed
   81  application and fee:
   82         (a) A policy and procedures manual containing:
   83         1. Job descriptions for all staff positions.
   84         2. Drug-testing procedures and requirements.
   85         3. A prohibition on the premises against alcohol, illegal
   86  drugs, and the use of prescribed medications by an individual
   87  other than the individual for whom the medication is prescribed.
   88         4. Policies to support a resident’s recovery efforts.
   89         5. A good neighbor policy to address neighborhood concerns
   90  and complaints.
   91         (b) Rules for residents.
   92         (c) Copies of all forms provided to residents.
   93         (d) Intake procedures.
   94         (e) Sexual Offender/Predator Registry Compliance Policy
   95         (f) Relapse policy.
   96         (g) Fee schedule.
   97         (h) Refund policy.
   98         (i) Eviction procedures and policy.
   99         (j) Code of ethics.
  100         (k) Proof of insurance.
  101         (l) Proof of background screening.
  102         (m) Proof of satisfactory fire, safety, and health
  103  inspections.
  104         (4) A certified recovery residence must be actively managed
  105  by a certified recovery residence administrator. All
  106  applications for certification must include the name of the
  107  certified recovery residence administrator who will be actively
  108  managing the applicant recovery residence.
  109         (5) Upon receiving a complete application, a credentialing
  110  entity shall conduct an onsite inspection of the recovery
  111  residence.
  112         (6) All owners, directors, and chief financial officers of
  113  an applicant recovery residence are subject to level 2
  114  background screening as provided under chapter 435. A recovery
  115  residence is ineligible for certification, and a credentialing
  116  entity shall deny a recovery residence’s application, if any
  117  owner, director, or chief financial officer has been found
  118  guilty of, or has entered a plea of guilty or nolo contendere
  119  to, regardless of adjudication, any offense listed in s.
  120  435.04(2) unless the department has issued an exemption under s.
  121  397.4872. In accordance with s. 435.04, the department shall
  122  notify the credentialing agency of an owner’s, director’s or
  123  chief financial officer’s eligibility based on the results of a
  124  background screening.
  125         (7) A credentialing entity shall issue a certificate of
  126  compliance upon approval of the recovery residence’s application
  127  and inspection. The certification shall automatically terminate
  128  1 year after issuance if not renewed.
  129         (8) Onsite followup monitoring of a certified recovery
  130  residence may be conducted by the credentialing entity to
  131  determine continuing compliance with certification requirements.
  132  The credentialing entity shall inspect each certified recovery
  133  residence at least annually to ensure compliance.
  134         (a) A credentialing entity may suspend or revoke a
  135  certification if the recovery residence is not in compliance
  136  with any provision of this section or has failed to remedy any
  137  deficiency identified by the credentialing entity within the
  138  time period specified.
  139         (b) A certified recovery residence must notify the
  140  credentialing entity within 3 business days of the removal of
  141  the recovery residence’s certified recovery residence
  142  administrator due to termination, resignation or any other
  143  reason. The recovery residence shall have 30 days to retain a
  144  certified recovery residence administrator. The credentialing
  145  entity shall revoke the certificate of compliance of any
  146  recovery residence that fails to meet these requirements.
  147         (c) If any owner, director, or chief financial officer of a
  148  certified recovery residence is arrested for or found guilty of,
  149  or enters a plea of guilty or nolo contendere to, regardless of
  150  adjudication, any offense listed in s. 435.04(2) while acting in
  151  that capacity, the certified recovery residence shall
  152  immediately remove the person from that position and shall
  153  notify the credentialing entity within 3 business days after
  154  such removal. The credentialing entity shall revoke the
  155  certificate of compliance of a recovery residence that fails to
  156  meet these requirements.
  157         (d) A credentialing entity shall revoke a recovery
  158  residence’s certificate of compliance if the recovery residence
  159  provides false or misleading information to the credentialing
  160  entity at any time.
  161         (9) A person may not advertise to the public, in any way or
  162  by any medium whatsoever, any recovery residence as a “certified
  163  recovery residence” unless such recovery residence has first
  164  secured a certificate of compliance under this section. A person
  165  who violates this subsection commits a misdemeanor of the first
  166  degree, punishable as provided in s. 775.082 or s. 775.083.
  167         Section 3. Section 397.4871, Florida Statutes, is created
  168  to read:
  169         397.4871 Recovery residence administrator certification.—
  170         (1) It is the intent of the Legislature that a recovery
  171  residence administrator voluntarily earn and maintain
  172  certification from a credentialing entity approved by the
  173  Department of Children and Families. The Legislature further
  174  intends that certification ensure that an administrator has the
  175  competencies necessary to appropriately respond to the needs of
  176  residents, to maintain residence standards, and to meet
  177  residence certification requirements.
  178         (2) The department shall approve at least one credentialing
  179  entity by December 1, 2015, for the purpose of developing and
  180  administering a voluntary credentialing program for
  181  administrators. The department shall approve any credentialing
  182  entity that the department endorses pursuant to s. 397.321(16)
  183  if the credentialing entity also meets the requirements of this
  184  section. The approved credentialing entity shall:
  185         (a) Establish recovery residence administrator core
  186  competencies, certification requirements, testing instruments,
  187  and recertification requirements.
  188         (b) Establish a process to administer the certification
  189  application, award, and maintenance processes.
  190         (c) Develop and administer:
  191         1. A code of ethics and disciplinary process.
  192         2. Biennial continuing education requirements and annual
  193  certification renewal requirements.
  194         3. An education provider program to approve training
  195  entities that are qualified to provide precertification training
  196  to applicants and continuing education opportunities to
  197  certified persons.
  198         (3) A credentialing entity shall establish a certification
  199  program that:
  200         (a) Is directly related to the core competencies.
  201         (b) Establishes minimum requirements in each of the
  202  following categories:
  203         1. Training.
  204         2. On-the-job work experience.
  205         3. Supervision.
  206         4. Testing.
  207         5. Biennial continuing education.
  208         (c) Requires adherence to a code of ethics and provides for
  209  a disciplinary process that applies to certified persons.
  210         (d) Approves qualified training entities that provide
  211  precertification training to applicants and continuing education
  212  to certified recovery residence administrators. To avoid a
  213  conflict of interest, a credentialing entity or its affiliate
  214  may not deliver training to an applicant or continuing education
  215  to a certificateholder.
  216         (4) A credentialing entity shall establish application,
  217  examination, and certification fees and an annual certification
  218  renewal fee. The application, examination, and certification fee
  219  may not exceed $225. The annual certification renewal fee may
  220  not exceed $100.
  221         (5) All applicants are subject to level 2 background
  222  screening as provided under chapter 435. An applicant is
  223  ineligible, and a credentialing entity shall deny the
  224  application, if the applicant has been found guilty of, or has
  225  entered a plea of guilty or nolo contendere to, regardless of
  226  adjudication, any offense listed in s. 435.04(2) unless the
  227  department has issued an exemption under s. 397.4872. In
  228  accordance with s. 435.04, the department shall notify the
  229  credentialing agency of the applicant’s eligibility based on the
  230  results of a background screening.
  231         (6) The credentialing entity shall issue a certificate of
  232  compliance upon approval of a person’s application. The
  233  certification shall automatically terminate 1 year after
  234  issuance if not renewed.
  235         (a) A credentialing entity may suspend or revoke the
  236  recovery residence administrator’s certificate of compliance if
  237  the recovery residence administrator fails to adhere to the
  238  continuing education requirements.
  239         (b) If a certified recovery residence administrator of a
  240  recovery residence is arrested for or found guilty of, or enters
  241  a plea of guilty or nolo contendere to, regardless of
  242  adjudication, any offense listed in s. 435.04(2) while acting in
  243  that capacity, the recovery residence shall immediately remove
  244  the person from that position and shall notify the credentialing
  245  entity within 3 business days after such removal. The recovery
  246  residence shall have 30 days to retain a certified recovery
  247  residence administrator. The credentialing entity shall revoke
  248  the certificate of compliance of any recovery residence that
  249  fails to meet these requirements.
  250         (c) A credentialing entity shall revoke a recovery
  251  residence administrator’s certificate of compliance if the
  252  recovery residence administrator provides false or misleading
  253  information to the credentialing entity at any time.
  254         (7) A person may not advertise himself or herself to the
  255  public, in any way or by any medium whatsoever, as a “certified
  256  recovery residence administrator” unless he or she has first
  257  secured a certificate of compliance under this section. A person
  258  who violates this subsection commits a misdemeanor of the first
  259  degree, punishable as provided in s. 775.082 or s. 775.083.
  260         (8)A certified recovery residence administrator may not
  261  actively manage more than one recovery residence at any given
  262  time.
  263         Section 4. Section 397.4872, Florida Statutes, is created
  264  to read:
  265         397.4872 Exemption from disqualification; publication.—
  266         (1)Individual exemptions to staff disqualification or
  267  administrator ineligibility may be requested if a recovery
  268  residence deems the decision will benefit the program. Requests
  269  for exemptions shall be submitted in writing to the department
  270  within 20 days of the denial by the credentialing entity and
  271  must include a justification for the exemption.
  272         (2)The department may exempt a person from ss. 397.487
  273  (6)and 397.4871(5) if it has been at least 3 years since the
  274  person has completed or been lawfully released from confinement,
  275  supervision, or sanction for the disqualifying offense. An
  276  exemption from the disqualifying offenses may not be given under
  277  any circumstances for any person who is a:
  278         (a)Sexual predator pursuant to s. 775.21;
  279         (b)Career offender pursuant to s. 775.261; or
  280         (c)Sexual offender pursuant to s. 943.0435, unless the
  281  requirement to register as a sexual offender has been removed
  282  pursuant to s. 943.04354.
  283         (3)By April 1, 2016, each credentialing entity shall
  284  submit a list to the department of all recovery residences and
  285  recovery residence administrators certified by the credentialing
  286  entity that hold a valid certificate of compliance. Thereafter,
  287  the credentialing entity must notify the department within 3
  288  business days after a new recovery residence or recovery
  289  residence administrator is certified or a recovery residence or
  290  recovery residence administrator’s certificate expires or is
  291  terminated. The department shall publish on its website a list
  292  of all recovery residences that hold a valid certificate of
  293  compliance. The department shall also publish on its website a
  294  list of all recovery residence administrators who hold a valid
  295  certificate of compliance. A recovery residence or recovery
  296  residence administrator shall be excluded from the list upon
  297  written request to the department by the listed individual or
  298  entity.
  299         Section 5. Subsections (1) and (5) of section 397.407,
  300  Florida Statutes, are amended, and subsection (11) is added to
  301  that section, to read:
  302         397.407 Licensure process; fees.—
  303         (1) The department shall establish by rule the licensure
  304  process to include fees and categories of licenses. The rule
  305  must prescribe a fee range that is based, at least in part, on
  306  the number and complexity of programs listed in s. 397.311(22)
  307  397.311(18) which are operated by a licensee. The fees from the
  308  licensure of service components are sufficient to cover at least
  309  50 percent of the costs of regulating the service components.
  310  The department shall specify by rule a fee range for public and
  311  privately funded licensed service providers. Fees for privately
  312  funded licensed service providers must exceed the fees for
  313  publicly funded licensed service providers. During adoption of
  314  the rule governing the licensure process and fees, the
  315  department shall carefully consider the potential adverse impact
  316  on small, not-for-profit service providers.
  317         (5) The department may issue probationary, regular, and
  318  interim licenses. After adopting the rule governing the
  319  licensure process and fees, the department shall issue one
  320  license for each service component that is operated by a service
  321  provider and defined in rule pursuant to s. 397.311(22)
  322  397.311(18). The license is valid only for the specific service
  323  components listed for each specific location identified on the
  324  license. The licensed service provider shall apply for a new
  325  license at least 60 days before the addition of any service
  326  components or 30 days before the relocation of any of its
  327  service sites. Provision of service components or delivery of
  328  services at a location not identified on the license may be
  329  considered an unlicensed operation that authorizes the
  330  department to seek an injunction against operation as provided
  331  in s. 397.401, in addition to other sanctions authorized by s.
  332  397.415. Probationary and regular licenses may be issued only
  333  after all required information has been submitted. A license may
  334  not be transferred. As used in this subsection, the term
  335  “transfer” includes, but is not limited to, the transfer of a
  336  majority of the ownership interest in the licensed entity or
  337  transfer of responsibilities under the license to another entity
  338  by contractual arrangement.
  339         (11)Effective July 1, 2016, a service provider licensed
  340  under this part may not refer a current or discharged patient to
  341  a recovery residence unless the recovery residence holds a valid
  342  certificate of compliance as provided in s. 397.487, and is
  343  actively managed by a certified recovery residence administrator
  344  as provided in s. 397.4871, or is owned and operated by a
  345  licensed service provider or a licensed service provider’s
  346  wholly owned subsidiary. For purposes of this subsection, the
  347  term “refer” means to inform a patient by any means about the
  348  name, address, or other details of the recovery residence.
  349  However, this subsection does not require a licensed service
  350  provider to refer any patient to a recovery residence.
  351         Section 6. Paragraph (e) of subsection (5) of section
  352  212.055, Florida Statutes, is amended to read:
  353         212.055 Discretionary sales surtaxes; legislative intent;
  354  authorization and use of proceeds.—It is the legislative intent
  355  that any authorization for imposition of a discretionary sales
  356  surtax shall be published in the Florida Statutes as a
  357  subsection of this section, irrespective of the duration of the
  358  levy. Each enactment shall specify the types of counties
  359  authorized to levy; the rate or rates which may be imposed; the
  360  maximum length of time the surtax may be imposed, if any; the
  361  procedure which must be followed to secure voter approval, if
  362  required; the purpose for which the proceeds may be expended;
  363  and such other requirements as the Legislature may provide.
  364  Taxable transactions and administrative procedures shall be as
  365  provided in s. 212.054.
  366         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  367  s. 125.011(1) may levy the surtax authorized in this subsection
  368  pursuant to an ordinance either approved by extraordinary vote
  369  of the county commission or conditioned to take effect only upon
  370  approval by a majority vote of the electors of the county voting
  371  in a referendum. In a county as defined in s. 125.011(1), for
  372  the purposes of this subsection, “county public general
  373  hospital” means a general hospital as defined in s. 395.002
  374  which is owned, operated, maintained, or governed by the county
  375  or its agency, authority, or public health trust.
  376         (e) A governing board, agency, or authority shall be
  377  chartered by the county commission upon this act becoming law.
  378  The governing board, agency, or authority shall adopt and
  379  implement a health care plan for indigent health care services.
  380  The governing board, agency, or authority shall consist of no
  381  more than seven and no fewer than five members appointed by the
  382  county commission. The members of the governing board, agency,
  383  or authority shall be at least 18 years of age and residents of
  384  the county. No member may be employed by or affiliated with a
  385  health care provider or the public health trust, agency, or
  386  authority responsible for the county public general hospital.
  387  The following community organizations shall each appoint a
  388  representative to a nominating committee: the South Florida
  389  Hospital and Healthcare Association, the Miami-Dade County
  390  Public Health Trust, the Dade County Medical Association, the
  391  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  392  County. This committee shall nominate between 10 and 14 county
  393  citizens for the governing board, agency, or authority. The
  394  slate shall be presented to the county commission and the county
  395  commission shall confirm the top five to seven nominees,
  396  depending on the size of the governing board. Until such time as
  397  the governing board, agency, or authority is created, the funds
  398  provided for in subparagraph (d)2. shall be placed in a
  399  restricted account set aside from other county funds and not
  400  disbursed by the county for any other purpose.
  401         1. The plan shall divide the county into a minimum of four
  402  and maximum of six service areas, with no more than one
  403  participant hospital per service area. The county public general
  404  hospital shall be designated as the provider for one of the
  405  service areas. Services shall be provided through participants’
  406  primary acute care facilities.
  407         2. The plan and subsequent amendments to it shall fund a
  408  defined range of health care services for both indigent persons
  409  and the medically poor, including primary care, preventive care,
  410  hospital emergency room care, and hospital care necessary to
  411  stabilize the patient. For the purposes of this section,
  412  “stabilization” means stabilization as defined in s. 397.311(41)
  413  397.311(35). Where consistent with these objectives, the plan
  414  may include services rendered by physicians, clinics, community
  415  hospitals, and alternative delivery sites, as well as at least
  416  one regional referral hospital per service area. The plan shall
  417  provide that agreements negotiated between the governing board,
  418  agency, or authority and providers shall recognize hospitals
  419  that render a disproportionate share of indigent care, provide
  420  other incentives to promote the delivery of charity care to draw
  421  down federal funds where appropriate, and require cost
  422  containment, including, but not limited to, case management.
  423  From the funds specified in subparagraphs (d)1. and 2. for
  424  indigent health care services, service providers shall receive
  425  reimbursement at a Medicaid rate to be determined by the
  426  governing board, agency, or authority created pursuant to this
  427  paragraph for the initial emergency room visit, and a per-member
  428  per-month fee or capitation for those members enrolled in their
  429  service area, as compensation for the services rendered
  430  following the initial emergency visit. Except for provisions of
  431  emergency services, upon determination of eligibility,
  432  enrollment shall be deemed to have occurred at the time services
  433  were rendered. The provisions for specific reimbursement of
  434  emergency services shall be repealed on July 1, 2001, unless
  435  otherwise reenacted by the Legislature. The capitation amount or
  436  rate shall be determined prior to program implementation by an
  437  independent actuarial consultant. In no event shall such
  438  reimbursement rates exceed the Medicaid rate. The plan must also
  439  provide that any hospitals owned and operated by government
  440  entities on or after the effective date of this act must, as a
  441  condition of receiving funds under this subsection, afford
  442  public access equal to that provided under s. 286.011 as to any
  443  meeting of the governing board, agency, or authority the subject
  444  of which is budgeting resources for the retention of charity
  445  care, as that term is defined in the rules of the Agency for
  446  Health Care Administration. The plan shall also include
  447  innovative health care programs that provide cost-effective
  448  alternatives to traditional methods of service and delivery
  449  funding.
  450         3. The plan’s benefits shall be made available to all
  451  county residents currently eligible to receive health care
  452  services as indigents or medically poor as defined in paragraph
  453  (4)(d).
  454         4. Eligible residents who participate in the health care
  455  plan shall receive coverage for a period of 12 months or the
  456  period extending from the time of enrollment to the end of the
  457  current fiscal year, per enrollment period, whichever is less.
  458         5. At the end of each fiscal year, the governing board,
  459  agency, or authority shall prepare an audit that reviews the
  460  budget of the plan, delivery of services, and quality of
  461  services, and makes recommendations to increase the plan’s
  462  efficiency. The audit shall take into account participant
  463  hospital satisfaction with the plan and assess the amount of
  464  poststabilization patient transfers requested, and accepted or
  465  denied, by the county public general hospital.
  466         Section 7. Subsection (6) of section 394.9085, Florida
  467  Statutes, is amended to read:
  468         394.9085 Behavioral provider liability.—
  469         (6) For purposes of this section, the terms “detoxification
  470  services,” “addictions receiving facility,” and “receiving
  471  facility” have the same meanings as those provided in ss.
  472  397.311(22)(a)4. 397.311(18)(a)4., 397.311(22)(a)1.
  473  397.311(18)(a)1., and 394.455(26), respectively.
  474         Section 8. Subsection (8) of section 397.405, Florida
  475  Statutes, is amended to read:
  476         397.405 Exemptions from licensure.—The following are exempt
  477  from the licensing provisions of this chapter:
  478         (8) A legally cognizable church or nonprofit religious
  479  organization or denomination providing substance abuse services,
  480  including prevention services, which are solely religious,
  481  spiritual, or ecclesiastical in nature. A church or nonprofit
  482  religious organization or denomination providing any of the
  483  licensed service components itemized under s. 397.311(22)
  484  397.311(18) is not exempt from substance abuse licensure but
  485  retains its exemption with respect to all services which are
  486  solely religious, spiritual, or ecclesiastical in nature.
  488  The exemptions from licensure in this section do not apply to
  489  any service provider that receives an appropriation, grant, or
  490  contract from the state to operate as a service provider as
  491  defined in this chapter or to any substance abuse program
  492  regulated pursuant to s. 397.406. Furthermore, this chapter may
  493  not be construed to limit the practice of a physician or
  494  physician assistant licensed under chapter 458 or chapter 459, a
  495  psychologist licensed under chapter 490, a psychotherapist
  496  licensed under chapter 491, or an advanced registered nurse
  497  practitioner licensed under part I of chapter 464, who provides
  498  substance abuse treatment, so long as the physician, physician
  499  assistant, psychologist, psychotherapist, or advanced registered
  500  nurse practitioner does not represent to the public that he or
  501  she is a licensed service provider and does not provide services
  502  to individuals pursuant to part V of this chapter. Failure to
  503  comply with any requirement necessary to maintain an exempt
  504  status under this section is a misdemeanor of the first degree,
  505  punishable as provided in s. 775.082 or s. 775.083.
  506         Section 9. Section 397.416, Florida Statutes, is amended to
  507  read:
  508         397.416 Substance abuse treatment services; qualified
  509  professional.—Notwithstanding any other provision of law, a
  510  person who was certified through a certification process
  511  recognized by the former Department of Health and Rehabilitative
  512  Services before January 1, 1995, may perform the duties of a
  513  qualified professional with respect to substance abuse treatment
  514  services as defined in this chapter, and need not meet the
  515  certification requirements contained in s. 397.311(30)
  516  397.311(26).
  517         Section 10. Paragraphs (d) and (g) of subsection (1) of
  518  section 440.102, Florida Statutes, are amended to read:
  519         440.102 Drug-free workplace program requirements.—The
  520  following provisions apply to a drug-free workplace program
  521  implemented pursuant to law or to rules adopted by the Agency
  522  for Health Care Administration:
  523         (1) DEFINITIONS.—Except where the context otherwise
  524  requires, as used in this act:
  525         (d) “Drug rehabilitation program” means a service provider,
  526  established pursuant to s. 397.311(39) 397.311(33), that
  527  provides confidential, timely, and expert identification,
  528  assessment, and resolution of employee drug abuse.
  529         (g) “Employee assistance program” means an established
  530  program capable of providing expert assessment of employee
  531  personal concerns; confidential and timely identification
  532  services with regard to employee drug abuse; referrals of
  533  employees for appropriate diagnosis, treatment, and assistance;
  534  and followup services for employees who participate in the
  535  program or require monitoring after returning to work. If, in
  536  addition to the above activities, an employee assistance program
  537  provides diagnostic and treatment services, these services shall
  538  in all cases be provided by service providers pursuant to s.
  539  397.311(39) 397.311(33).
  540         Section 11. This act shall take effect July 1, 2015.
  541  ================= T I T L E  A M E N D M E N T ================
  542  And the title is amended as follows:
  543         Delete everything before the enacting clause
  544  and insert:
  545                        A bill to be entitled                      
  546         An act relating to substance abuse services; amending
  547         s. 397.311, F.S.; providing definitions; conforming a
  548         cross-reference; creating s. 397.487, F.S.; providing
  549         legislative findings and intent; requiring the
  550         Department of Children and Families to create a
  551         voluntary certification program for recovery
  552         residences; requiring the department to approve at
  553         least one credentialing entity by a specified date to
  554         develop and administer the certification program;
  555         requiring an approved credentialing entity to
  556         establish procedures for certifying recovery
  557         residences that meet certain qualifications; requiring
  558         an approved credentialing entity to establish certain
  559         fees; requiring a credentialing entity to conduct
  560         onsite inspections of a recovery residence; requiring
  561         background screening of owners, directors, and chief
  562         financial officers of a recovery residence; providing
  563         for denial, suspension, or revocation of
  564         certification; requiring a certified recovery
  565         residence to notify the credentialing entity within a
  566         certain time of the removal of the recovery
  567         residence’s certified recovery residence
  568         administrator; providing a criminal penalty for
  569         falsely advertising a recovery residence as a
  570         “certified recovery residence”; creating s. 397.4871,
  571         F.S.; providing legislative intent; requiring the
  572         department to create a voluntary certification program
  573         for recovery residence administrators; directing the
  574         department to approve at least one credentialing
  575         entity by a specified date to develop and administer
  576         the certification program; requiring an approved
  577         credentialing entity to establish a process for
  578         certifying recovery residence administrators who meet
  579         certain qualifications; requiring a certifies recovery
  580         residence to be actively managed by a certified
  581         recovery residence administrator; requiring certain
  582         applications to include specified information;
  583         requiring an approved credentialing entity to
  584         establish certain fees; requiring background screening
  585         of applicants for recovery residence administrator
  586         certification; requiring the department to notify the
  587         credentialing agency of an applicant’s eligibility
  588         based on the background screening results; providing
  589         for denial, suspension, or revocation of
  590         certification; requiring a certified recovery
  591         residence to notify the credentialing entity within a
  592         certain time of the removal providing a criminal
  593         penalty for falsely advertising oneself as a
  594         “certified recovery residence administrator”;
  595         prohibiting a certified recovery residence
  596         administrator from actively managing more than once
  597         recovery residence at the same time; creating s.
  598         397.4872, F.S.; providing exemptions from
  599         disqualifying offenses; requiring credentialing
  600         entities to provide the department with a list of all
  601         certified recovery residences and recovery residence
  602         administrators by a date certain; requiring the
  603         department to publish the list on its website;
  604         allowing recovery residences and recovery residence
  605         administrators to be excluded from the list upon
  606         written request to the department; amending s.
  607         397.407, F.S.; conforming cross-references; providing
  608         conditions for a licensed service provider to refer
  609         patients to a certified recovery residence or a
  610         recovery residence owned and operated by the licensed
  611         service provider; defining the term “refer”; amending
  612         ss. 212.055, 394.9085, 397.405, 397.416, and 440.102,
  613         F.S.; conforming cross-references; providing an
  614         effective date.