Florida Senate - 2015                                     SB 326
       By Senator Clemens
       27-00296-15                                            2015326__
    1                        A bill to be entitled                      
    2         An act relating to substance abuse services; amending
    3         s. 397.311, F.S.; providing definitions; conforming a
    4         cross-reference; creating s. 397.487, F.S.; providing
    5         legislative findings and intent; requiring the
    6         Department of Children and Families to create a
    7         voluntary certification program for recovery
    8         residences; requiring the department to approve
    9         credentialing entities to develop and administer the
   10         certification program; requiring an approved
   11         credentialing entity to establish procedures for
   12         certifying recovery residences that meet certain
   13         qualifications; requiring an approved credentialing
   14         entity to establish certain fees; requiring a
   15         credentialing entity to conduct onsite inspections of
   16         a recovery residence; requiring background screening
   17         of employees of a recovery residence; providing for
   18         denial, suspension, or revocation of certification;
   19         providing a criminal penalty for falsely advertising a
   20         recovery residence as a “certified recovery
   21         residence”; creating s. 397.4871, F.S.; providing
   22         legislative intent; requiring the department to create
   23         a voluntary certification program for recovery
   24         residence administrators; directing the department to
   25         approve at least one credentialing entity by a
   26         specified date to develop and administer the
   27         certification program; requiring an approved
   28         credentialing entity to establish a process for
   29         certifying recovery residence administrators who meet
   30         certain qualifications; requiring an approved
   31         credentialing entity to establish certain fees;
   32         requiring background screening of applicants for
   33         recovery residence administrator certification;
   34         providing for suspension or revocation of
   35         certification; providing a criminal penalty for
   36         falsely advertising oneself as a “certified recovery
   37         residence administrator”; creating s. 397.4872, F.S.;
   38         providing exemptions from disqualifying offenses;
   39         requiring credentialing entities to provide the
   40         department with a list of all certified recovery
   41         residences and recovery residence administrators by a
   42         date certain; requiring the department to publish the
   43         list on its website; allowing recovery residences and
   44         recovery residence administrators to be excluded from
   45         the list upon written request to the department;
   46         amending s. 397.407, F.S.; providing conditions for a
   47         licensed service provider to refer patients to a
   48         certified recovery residence or a recovery residence
   49         owned and operated by the licensed service provider;
   50         defining the term “refer”; conforming cross
   51         references; amending ss. 212.055, 394.9085, 397.405,
   52         397.416, and 440.102, F.S.; conforming cross
   53         references; providing an effective date.
   55  Be It Enacted by the Legislature of the State of Florida:
   57         Section 1. Present subsection (32) of section 397.311,
   58  Florida Statutes, is amended, present subsections (4) and (5),
   59  present subsections (6) through (28), and present subsections
   60  (29) through (39) are renumbered as subsections (7) and (8),
   61  subsections (10) through (32), and subsections (35) through
   62  (45), respectively, and new subsections (4), (5), (6), (9),
   63  (33), and (34) are added to that section, to read:
   64         397.311 Definitions.—As used in this chapter, except part
   65  VIII, the term:
   66         (4) “Certificate of compliance” means a certificate that is
   67  issued by a credentialing entity to a recovery residence or a
   68  recovery residence administrator.
   69         (5) “Certified recovery residence” means a recovery
   70  residence that holds a valid certificate of compliance or that
   71  is actively managed by a certified recovery residence
   72  administrator.
   73         (6) “Certified recovery residence administrator” means a
   74  recovery residence administrator who holds a valid certificate
   75  of compliance.
   76         (9) “Credentialing entity” means a nonprofit organization
   77  that develops and administers professional certification
   78  programs according to nationally recognized certification and
   79  psychometric standards.
   80         (33) “Recovery residence” means a residential dwelling
   81  unit, or other form of group housing, that is offered or
   82  advertised through any means, including oral, written,
   83  electronic, or printed means, by any person or entity as a
   84  residence that provides a peer-supported, alcohol-free, and
   85  drug-free living environment.
   86         (34) “Recovery residence administrator” means the person
   87  responsible for overall management of the recovery residence,
   88  including the supervision of residents and staff employed by, or
   89  volunteering for, the residence.
   90         (38)(32) “Service component” or “component” means a
   91  discrete operational entity within a service provider which is
   92  subject to licensing as defined by rule. Service components
   93  include prevention, intervention, and clinical treatment
   94  described in subsection (22) (18).
   95         Section 2. Section 397.487, Florida Statutes, is created to
   96  read:
   97         397.487 Voluntary certification of recovery residences.—
   98         (1) The Legislature finds that a person suffering from
   99  addiction has a higher success rate of achieving long-lasting
  100  sobriety when given the opportunity to build a stronger
  101  foundation by living in a recovery residence after completing
  102  treatment. The Legislature further finds that this state and its
  103  subdivisions have a legitimate state interest in protecting
  104  these persons, who represent a vulnerable consumer population in
  105  need of adequate housing. It is the intent of the Legislature to
  106  protect persons who reside in a recovery residence.
  107         (2) The department shall approve one or more credentialing
  108  entities for the purpose of developing and administering a
  109  voluntary certification program for recovery residences. The
  110  approved credentialing entity shall:
  111         (a) Establish recovery residence certification
  112  requirements.
  113         (b) Establish procedures to:
  114         1. Administer the application, certification,
  115  recertification, and disciplinary processes.
  116         2. Monitor and inspect a recovery residence and its staff
  117  to ensure compliance with certification requirements.
  118         3. Interview and evaluate residents, employees, and
  119  volunteer staff on their knowledge and application of
  120  certification requirements.
  121         (c) Provide training for owners, managers, and staff.
  122         (d) Develop a code of ethics.
  123         (e) Establish application, inspection, and annual
  124  certification renewal fees. The application fee may not exceed
  125  $100. The inspection fee shall reflect actual costs for
  126  inspections. The annual certification renewal fee may not exceed
  127  $100.
  128         (3) A credentialing entity shall require the recovery
  129  residence to submit the following documents with the completed
  130  application and fee:
  131         (a) A policy and procedures manual containing:
  132         1. Job descriptions for all staff positions.
  133         2. Drug-testing procedures and requirements.
  134         3. A prohibition on the premises against alcohol, illegal
  135  drugs, and the use of prescribed medications by an individual
  136  other than the individual for whom the medication is prescribed.
  137         4. Policies to support a resident’s recovery efforts.
  138         5. A good neighbor policy to address neighborhood concerns
  139  and complaints.
  140         (b) Rules for residents.
  141         (c) Copies of all forms provided to residents.
  142         (d) Intake procedures.
  143         (e) Relapse policy.
  144         (f) Fee schedule.
  145         (g) Refund policy.
  146         (h) Eviction procedures and policy.
  147         (i) Code of ethics.
  148         (j) Proof of insurance requirements.
  149         (k) Background screening requirements.
  150         (l) Requirements for proof of satisfactory fire, safety,
  151  and health inspections.
  152         (4) A credentialing entity shall conduct an onsite
  153  inspection of the recovery residence before issuing a
  154  certificate of compliance. Onsite followup monitoring of a
  155  certified recovery residence may be conducted by the
  156  credentialing entity to determine continuing compliance with
  157  certification requirements. Each certified recovery residence
  158  shall be inspected at least once during each certification
  159  renewal period to ensure compliance.
  160         (5) A credentialing entity shall require that all employees
  161  of a recovery residence pass a level 2 background screening as
  162  provided in s. 435.04. The employee’s fingerprints shall be
  163  submitted by the department, an entity, or a vendor as
  164  authorized by s. 943.053(13)(a). The fingerprints shall be
  165  forwarded to the Department of Law Enforcement for state
  166  processing, and the Department of Law Enforcement shall forward
  167  them to the Federal Bureau of Investigation for national
  168  processing. Fees for state and national fingerprint processing
  169  shall be borne by the employer or employee. The department shall
  170  screen background results to determine whether an employee meets
  171  certification requirements.
  172         (6) A credentialing entity shall issue a certificate of
  173  compliance upon approval of the recovery residence’s application
  174  and inspection. The certification shall automatically terminate
  175  if not renewed within 1 year after the date of issuance.
  176         (7) A credentialing entity shall deny a recovery
  177  residence’s application for certification, and may suspend or
  178  revoke a certification, if the recovery residence:
  179         (a) Is not in compliance with any provision of this
  180  section;
  181         (b) Has failed to remedy any deficiency identified by the
  182  credentialing entity within the time period specified;
  183         (c) Provided false, misleading, or incomplete information
  184  to the credentialing entity; or
  185         (d) Has employees who are subject to the disqualifying
  186  offenses set forth in s. 435.04(2), unless an exemption has been
  187  provided under s. 397.4872.
  188         (8) A person may not advertise to the public, in any way or
  189  by any medium whatsoever, any recovery residence as a “certified
  190  recovery residence” unless such recovery residence has first
  191  secured a certificate of compliance under this section. A person
  192  who violates this subsection commits a misdemeanor of the first
  193  degree, punishable as provided in s. 775.082 or s. 775.083.
  194         Section 3. Section 397.4871, Florida Statutes, is created
  195  to read:
  196         397.4871 Recovery residence administrator certification.—
  197         (1) It is the intent of the Legislature that a recovery
  198  residence administrator voluntarily earn and maintain
  199  certification from a credentialing entity approved by the
  200  Department of Children and Families. The Legislature further
  201  intends that certification ensure that an administrator has the
  202  competencies necessary to appropriately respond to the needs of
  203  residents, to maintain residence standards, and to meet
  204  residence certification requirements.
  205         (2) The department shall approve at least one credentialing
  206  entity by December 1, 2015, for the purpose of developing and
  207  administering a voluntary credentialing program for
  208  administrators. The department shall approve any credentialing
  209  entity that the department endorses pursuant to s. 397.321(16)
  210  if the credentialing entity also meets the requirements of this
  211  section. The approved credentialing entity shall:
  212         (a) Establish recovery residence administrator core
  213  competencies, certification requirements, testing instruments,
  214  and recertification requirements according to nationally
  215  recognized certification and psychometric standards.
  216         (b) Establish a process to administer the certification
  217  application, award, and maintenance processes.
  218         (c) Demonstrate ability to administer:
  219         1. A code of ethics and disciplinary process.
  220         2. Biennial continuing education requirements and annual
  221  certification renewal requirements.
  222         3. An education provider program to approve training
  223  entities that are qualified to provide precertification training
  224  to applicants and continuing education opportunities to
  225  certified persons.
  226         (3) A credentialing entity shall establish a certification
  227  program that:
  228         (a) Is established according to nationally recognized
  229  certification and psychometric standards.
  230         (b) Is directly related to the core competencies.
  231         (c) Establishes minimum requirements in each of the
  232  following categories:
  233         1. Training.
  234         2. On-the-job work experience.
  235         3. Supervision.
  236         4. Testing.
  237         5. Biennial continuing education.
  238         (d) Requires adherence to a code of ethics and provides for
  239  a disciplinary process that applies to certified persons.
  240         (e) Approves qualified training entities that provide
  241  precertification training to applicants and continuing education
  242  to certified recovery residence administrators. To avoid a
  243  conflict of interest, a credentialing entity or its affiliate
  244  may not deliver training to an applicant or continuing education
  245  to a certificateholder.
  246         (4) A credentialing entity shall require each applicant to
  247  pass a level 2 background screening as provided in s. 435.04.
  248  The applicant’s fingerprints shall be submitted by the
  249  department, an entity, or a vendor as authorized by s.
  250  943.053(13)(a). The fingerprints shall be forwarded to the
  251  Department of Law Enforcement for state processing, and the
  252  Department of Law Enforcement shall forward them to the Federal
  253  Bureau of Investigation for national processing. Fees for state
  254  and national fingerprint processing shall be borne by the
  255  applicant. The department shall screen background results to
  256  determine whether an applicant meets certification requirements.
  257         (5) A credentialing entity shall establish application,
  258  examination, and certification fees and an annual certification
  259  renewal fee. The application, examination, and certification fee
  260  may not exceed $225. The annual certification renewal fee may
  261  not exceed $100.
  262         (6) The credentialing entity shall issue a certificate of
  263  compliance upon approval of a person’s application. The
  264  certification shall automatically terminate if not renewed
  265  within 1 year after the date of issuance.
  266         (7) A person who is subject to the disqualifying offenses
  267  set forth in s. 435.04(2) is ineligible to become a certified
  268  recovery residency administrator.
  269         (8) A credentialing entity may suspend or revoke the
  270  recovery residence administrator’s certificate of compliance if
  271  the recovery residence administrator:
  272         (a) Fails to adhere to the continuing education
  273  requirements; or
  274         (b) Becomes subject to the disqualifying offenses set forth
  275  in s. 435.04(2), unless an exemption has been provided under s.
  276  397.4872.
  277         (9) A person may not advertise himself or herself to the
  278  public, in any way or by any medium whatsoever, as a “certified
  279  recovery residence administrator” unless he or she has first
  280  secured a certificate of compliance under this section. A person
  281  who violates this subsection commits a misdemeanor of the first
  282  degree, punishable as provided in s. 775.082 or s. 775.083.
  283         Section 4. Section 397.4872, Florida Statutes, is created
  284  to read:
  285         397.4872 Exemption from disqualification; publication.—
  286         (1) Individual exemptions to staff disqualification or
  287  administrator ineligibility may be requested if a recovery
  288  residence deems the decision will benefit the program. Requests
  289  for exemptions shall be submitted in writing to the department
  290  and must include a justification for the exemption.
  291         (2) The department may exempt a person from ss.
  292  397.487(7)(d) and 397.4871(7) if it has been at least 3 years
  293  since the person completed or was lawfully released from
  294  confinement, supervision, or sanction for the disqualifying
  295  offense. An exemption from the disqualifying offenses may not be
  296  given under any circumstances for any person who is designated
  297  as a:
  298         (a) Sexual predator pursuant to s. 775.21;
  299         (b) Career offender pursuant to s. 775.261; or
  300         (c) Sexual offender pursuant to s. 943.0435, unless the
  301  requirement to register as a sexual offender has been removed
  302  pursuant to s. 943.04354.
  303         (3) By April 1, 2016, a credentialing entity shall submit a
  304  list to the department of all recovery residences and recovery
  305  residence administrators certified by the credentialing entity
  306  which hold a valid certificate of compliance. Thereafter, the
  307  credentialing entity shall notify the department within 3
  308  business days after a new recovery residence administrator is
  309  certified or a recovery residence administrator’s certificate
  310  expires or is terminated. The department shall publish on its
  311  website a list of all recovery residences and recovery residence
  312  administrators that hold a valid certificate of compliance. A
  313  recovery residence or recovery residence administrator shall be
  314  excluded from the list if the recovery residence administrator
  315  submits a written request to the department.
  316         Section 5. Subsections (1) and (5) of section 397.407,
  317  Florida Statutes, are amended, and subsection (11) is added to
  318  that section, to read:
  319         397.407 Licensure process; fees.—
  320         (1) The department shall establish by rule the licensure
  321  process to include fees and categories of licenses. The rule
  322  must prescribe a fee range that is based, at least in part, on
  323  the number and complexity of programs listed in s. 397.311(22)
  324  s. 397.311(18) which are operated by a licensee. The fees from
  325  the licensure of service components are sufficient to cover at
  326  least 50 percent of the costs of regulating the service
  327  components. The department shall specify by rule a fee range for
  328  public and privately funded licensed service providers. Fees for
  329  privately funded licensed service providers must exceed the fees
  330  for publicly funded licensed service providers. During adoption
  331  of the rule governing the licensure process and fees, the
  332  department shall carefully consider the potential adverse impact
  333  on small, not-for-profit service providers.
  334         (5) The department may issue probationary, regular, and
  335  interim licenses. After adopting the rule governing the
  336  licensure process and fees, the department shall issue one
  337  license for each service component that is operated by a service
  338  provider and defined in rule pursuant to s. 397.311(22) s.
  339  397.311(18). The license is valid only for the specific service
  340  components listed for each specific location identified on the
  341  license. The licensed service provider shall apply for a new
  342  license at least 60 days before the addition of any service
  343  components or 30 days before the relocation of any of its
  344  service sites. Provision of service components or delivery of
  345  services at a location not identified on the license may be
  346  considered an unlicensed operation that authorizes the
  347  department to seek an injunction against operation as provided
  348  in s. 397.401, in addition to other sanctions authorized by s.
  349  397.415. Probationary and regular licenses may be issued only
  350  after all required information has been submitted. A license may
  351  not be transferred. As used in this subsection, the term
  352  “transfer” includes, but is not limited to, the transfer of a
  353  majority of the ownership interest in the licensed entity or
  354  transfer of responsibilities under the license to another entity
  355  by contractual arrangement.
  356         (11) Effective July 1, 2016, a service provider licensed
  357  under this part may not refer a current or discharged patient to
  358  a recovery residence unless the recovery residence holds a valid
  359  certificate of compliance as provided in s. 397.487, is actively
  360  managed by a certified recovery residence administrator as
  361  provided in s. 397.4871, or both, or is owned and operated by a
  362  licensed service provider or a licensed service provider’s
  363  wholly owned subsidiary. For purposes of this subsection, the
  364  term “refer” means to inform a patient by any means about the
  365  name, address, or other details of the recovery residence.
  366  However, this subsection does not require a licensed service
  367  provider to refer any patient to a recovery residence.
  368         Section 6. Paragraph (e) of subsection (5) of section
  369  212.055, Florida Statutes, is amended to read:
  370         212.055 Discretionary sales surtaxes; legislative intent;
  371  authorization and use of proceeds.—It is the legislative intent
  372  that any authorization for imposition of a discretionary sales
  373  surtax shall be published in the Florida Statutes as a
  374  subsection of this section, irrespective of the duration of the
  375  levy. Each enactment shall specify the types of counties
  376  authorized to levy; the rate or rates which may be imposed; the
  377  maximum length of time the surtax may be imposed, if any; the
  378  procedure which must be followed to secure voter approval, if
  379  required; the purpose for which the proceeds may be expended;
  380  and such other requirements as the Legislature may provide.
  381  Taxable transactions and administrative procedures shall be as
  382  provided in s. 212.054.
  383         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  384  s. 125.011(1) may levy the surtax authorized in this subsection
  385  pursuant to an ordinance either approved by extraordinary vote
  386  of the county commission or conditioned to take effect only upon
  387  approval by a majority vote of the electors of the county voting
  388  in a referendum. In a county as defined in s. 125.011(1), for
  389  the purposes of this subsection, “county public general
  390  hospital” means a general hospital as defined in s. 395.002
  391  which is owned, operated, maintained, or governed by the county
  392  or its agency, authority, or public health trust.
  393         (e) A governing board, agency, or authority shall be
  394  chartered by the county commission upon this act becoming law.
  395  The governing board, agency, or authority shall adopt and
  396  implement a health care plan for indigent health care services.
  397  The governing board, agency, or authority shall consist of no
  398  more than seven and no fewer than five members appointed by the
  399  county commission. The members of the governing board, agency,
  400  or authority shall be at least 18 years of age and residents of
  401  the county. No member may be employed by or affiliated with a
  402  health care provider or the public health trust, agency, or
  403  authority responsible for the county public general hospital.
  404  The following community organizations shall each appoint a
  405  representative to a nominating committee: the South Florida
  406  Hospital and Healthcare Association, the Miami-Dade County
  407  Public Health Trust, the Dade County Medical Association, the
  408  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  409  County. This committee shall nominate between 10 and 14 county
  410  citizens for the governing board, agency, or authority. The
  411  slate shall be presented to the county commission and the county
  412  commission shall confirm the top five to seven nominees,
  413  depending on the size of the governing board. Until such time as
  414  the governing board, agency, or authority is created, the funds
  415  provided for in subparagraph (d)2. shall be placed in a
  416  restricted account set aside from other county funds and not
  417  disbursed by the county for any other purpose.
  418         1. The plan shall divide the county into a minimum of four
  419  and maximum of six service areas, with no more than one
  420  participant hospital per service area. The county public general
  421  hospital shall be designated as the provider for one of the
  422  service areas. Services shall be provided through participants’
  423  primary acute care facilities.
  424         2. The plan and subsequent amendments to it shall fund a
  425  defined range of health care services for both indigent persons
  426  and the medically poor, including primary care, preventive care,
  427  hospital emergency room care, and hospital care necessary to
  428  stabilize the patient. For the purposes of this section,
  429  “stabilization” means stabilization as defined in s. 397.311(41)
  430  s. 397.311(35). Where consistent with these objectives, the plan
  431  may include services rendered by physicians, clinics, community
  432  hospitals, and alternative delivery sites, as well as at least
  433  one regional referral hospital per service area. The plan shall
  434  provide that agreements negotiated between the governing board,
  435  agency, or authority and providers shall recognize hospitals
  436  that render a disproportionate share of indigent care, provide
  437  other incentives to promote the delivery of charity care to draw
  438  down federal funds where appropriate, and require cost
  439  containment, including, but not limited to, case management.
  440  From the funds specified in subparagraphs (d)1. and 2. for
  441  indigent health care services, service providers shall receive
  442  reimbursement at a Medicaid rate to be determined by the
  443  governing board, agency, or authority created pursuant to this
  444  paragraph for the initial emergency room visit, and a per-member
  445  per-month fee or capitation for those members enrolled in their
  446  service area, as compensation for the services rendered
  447  following the initial emergency visit. Except for provisions of
  448  emergency services, upon determination of eligibility,
  449  enrollment shall be deemed to have occurred at the time services
  450  were rendered. The provisions for specific reimbursement of
  451  emergency services shall be repealed on July 1, 2001, unless
  452  otherwise reenacted by the Legislature. The capitation amount or
  453  rate shall be determined prior to program implementation by an
  454  independent actuarial consultant. In no event shall such
  455  reimbursement rates exceed the Medicaid rate. The plan must also
  456  provide that any hospitals owned and operated by government
  457  entities on or after the effective date of this act must, as a
  458  condition of receiving funds under this subsection, afford
  459  public access equal to that provided under s. 286.011 as to any
  460  meeting of the governing board, agency, or authority the subject
  461  of which is budgeting resources for the retention of charity
  462  care, as that term is defined in the rules of the Agency for
  463  Health Care Administration. The plan shall also include
  464  innovative health care programs that provide cost-effective
  465  alternatives to traditional methods of service and delivery
  466  funding.
  467         3. The plan’s benefits shall be made available to all
  468  county residents currently eligible to receive health care
  469  services as indigents or medically poor as defined in paragraph
  470  (4)(d).
  471         4. Eligible residents who participate in the health care
  472  plan shall receive coverage for a period of 12 months or the
  473  period extending from the time of enrollment to the end of the
  474  current fiscal year, per enrollment period, whichever is less.
  475         5. At the end of each fiscal year, the governing board,
  476  agency, or authority shall prepare an audit that reviews the
  477  budget of the plan, delivery of services, and quality of
  478  services, and makes recommendations to increase the plan’s
  479  efficiency. The audit shall take into account participant
  480  hospital satisfaction with the plan and assess the amount of
  481  poststabilization patient transfers requested, and accepted or
  482  denied, by the county public general hospital.
  483         Section 7. Subsection (6) of section 394.9085, Florida
  484  Statutes, is amended to read:
  485         394.9085 Behavioral provider liability.—
  486         (6) For purposes of this section, the terms “detoxification
  487  services,” “addictions receiving facility,” and “receiving
  488  facility” have the same meanings as those provided in ss.
  489  397.311(22)(a)4. ss. 397.311(18)(a)4., 397.311(22)(a)1.
  490  397.311(18)(a)1., and 394.455(26), respectively.
  491         Section 8. Subsection (8) of section 397.405, Florida
  492  Statutes, is amended to read:
  493         397.405 Exemptions from licensure.—The following are exempt
  494  from the licensing provisions of this chapter:
  495         (8) A legally cognizable church or nonprofit religious
  496  organization or denomination providing substance abuse services,
  497  including prevention services, which are solely religious,
  498  spiritual, or ecclesiastical in nature. A church or nonprofit
  499  religious organization or denomination providing any of the
  500  licensed service components itemized under s. 397.311(22) s.
  501  397.311(18) is not exempt from substance abuse licensure but
  502  retains its exemption with respect to all services which are
  503  solely religious, spiritual, or ecclesiastical in nature.
  505  The exemptions from licensure in this section do not apply to
  506  any service provider that receives an appropriation, grant, or
  507  contract from the state to operate as a service provider as
  508  defined in this chapter or to any substance abuse program
  509  regulated pursuant to s. 397.406. Furthermore, this chapter may
  510  not be construed to limit the practice of a physician or
  511  physician assistant licensed under chapter 458 or chapter 459, a
  512  psychologist licensed under chapter 490, a psychotherapist
  513  licensed under chapter 491, or an advanced registered nurse
  514  practitioner licensed under part I of chapter 464, who provides
  515  substance abuse treatment, so long as the physician, physician
  516  assistant, psychologist, psychotherapist, or advanced registered
  517  nurse practitioner does not represent to the public that he or
  518  she is a licensed service provider and does not provide services
  519  to individuals pursuant to part V of this chapter. Failure to
  520  comply with any requirement necessary to maintain an exempt
  521  status under this section is a misdemeanor of the first degree,
  522  punishable as provided in s. 775.082 or s. 775.083.
  523         Section 9. Section 397.416, Florida Statutes, is amended to
  524  read:
  525         397.416 Substance abuse treatment services; qualified
  526  professional.—Notwithstanding any other provision of law, a
  527  person who was certified through a certification process
  528  recognized by the former Department of Health and Rehabilitative
  529  Services before January 1, 1995, may perform the duties of a
  530  qualified professional with respect to substance abuse treatment
  531  services as defined in this chapter, and need not meet the
  532  certification requirements contained in s. 397.311(30) s.
  533  397.311(26).
  534         Section 10. Paragraphs (d) and (g) of subsection (1) of
  535  section 440.102, Florida Statutes, are amended to read:
  536         440.102 Drug-free workplace program requirements.—The
  537  following provisions apply to a drug-free workplace program
  538  implemented pursuant to law or to rules adopted by the Agency
  539  for Health Care Administration:
  540         (1) DEFINITIONS.—Except where the context otherwise
  541  requires, as used in this act:
  542         (d) “Drug rehabilitation program” means a service provider,
  543  established pursuant to s. 397.311(39) s. 397.311(33), that
  544  provides confidential, timely, and expert identification,
  545  assessment, and resolution of employee drug abuse.
  546         (g) “Employee assistance program” means an established
  547  program capable of providing expert assessment of employee
  548  personal concerns; confidential and timely identification
  549  services with regard to employee drug abuse; referrals of
  550  employees for appropriate diagnosis, treatment, and assistance;
  551  and followup services for employees who participate in the
  552  program or require monitoring after returning to work. If, in
  553  addition to the above activities, an employee assistance program
  554  provides diagnostic and treatment services, these services shall
  555  in all cases be provided by service providers pursuant to s.
  556  397.311(39) s. 397.311(33).
  557         Section 11. This act shall take effect July 1, 2015.