Florida Senate - 2015                              CS for SB 326
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Clemens
       586-01708-15                                           2015326c1
    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; directing the department to approve at
    9         least one credentialing entity by a specified date to
   10         develop and administer the certification program;
   11         requiring an approved credentialing entity to
   12         establish procedures for certifying recovery
   13         residences that meet certain qualifications; requiring
   14         an approved credentialing entity to establish certain
   15         fees; requiring a credentialing entity to conduct
   16         onsite inspections of a recovery residence; requiring
   17         background screening of owners, directors, and chief
   18         financial officers of a recovery residence; providing
   19         for denial, suspension, or revocation of
   20         certification; providing a criminal penalty for
   21         falsely advertising a recovery residence as a
   22         “certified recovery residence”; creating s. 397.4871,
   23         F.S.; providing legislative intent; requiring the
   24         department to create a voluntary certification program
   25         for recovery residence administrators; directing the
   26         department to approve at least one credentialing
   27         entity by a specified date to develop and administer
   28         the certification program; requiring an approved
   29         credentialing entity to establish a process for
   30         certifying recovery residence administrators who meet
   31         certain qualifications; requiring an approved
   32         credentialing entity to establish certain fees;
   33         requiring background screening of applicants for
   34         recovery residence administrator certification;
   35         providing for denial, suspension, or revocation of
   36         certification; providing a criminal penalty for
   37         falsely advertising oneself as a “certified recovery
   38         residence administrator”; creating s. 397.4872, F.S.;
   39         providing exemptions from disqualifying offenses;
   40         requiring credentialing entities to provide the
   41         department with a list of all certified recovery
   42         residences and recovery residence administrators by a
   43         date certain; requiring the department to publish the
   44         list on its website; allowing recovery residences and
   45         recovery residence administrators to be excluded from
   46         the list upon written request to the department;
   47         amending s. 397.407, F.S.; conforming cross
   48         references; providing conditions for a licensed
   49         service provider to refer patients to a certified
   50         recovery residence or a recovery residence owned and
   51         operated by the licensed service provider; defining
   52         the term “refer”; amending ss. 212.055, 394.9085,
   53         397.405, 397.416, and 440.102, F.S.; conforming cross
   54         references; providing an effective date.
   56  Be It Enacted by the Legislature of the State of Florida:
   58         Section 1. Present subsections (7) and (32) of section
   59  397.311, Florida Statutes, are amended, present subsections (4)
   60  and (5), present subsections (6) through (28), and present
   61  subsections (29) through (39) are renumbered as subsections (7)
   62  and (8), subsections (10) through (32), and subsections (35)
   63  through (45), respectively, new subsections (4), (5), (6), (9),
   64  (33), and (34) are added to that section, to read:
   65         397.311 Definitions.—As used in this chapter, except part
   66  VIII, the term:
   67         (4) “Certificate of compliance” means a certificate that is
   68  issued by a credentialing entity to a recovery residence or a
   69  recovery residence administrator.
   70         (5) “Certified recovery residence” means a recovery
   71  residence that holds a valid certificate of compliance or that
   72  is actively managed by a certified recovery residence
   73  administrator.
   74         (6) “Certified recovery residence administrator” means a
   75  recovery residence administrator who holds a valid certificate
   76  of compliance.
   77         (9) “Credentialing entity” means a nonprofit organization
   78  that develops and administers professional, facility, or
   79  organization certification programs according to applicable
   80  nationally recognized certification or psychometric standards.
   81         (11)(7) “Director” means the chief administrative or
   82  executive officer of a service provider or recovery residence.
   83         (33) “Recovery residence” means a residential dwelling
   84  unit, or other form of group housing, which is offered or
   85  advertised through any means, including oral, written,
   86  electronic, or printed means, by any person or entity as a
   87  residence that provides a peer-supported, alcohol-free, and
   88  drug-free living environment.
   89         (34) “Recovery residence administrator” means the person
   90  responsible for the overall management of the recovery
   91  residence, including, but not limited to, the supervision of
   92  residents and staff employed by, or volunteering for, the
   93  residence.
   94         (38)(32) “Service component” or “component” means a
   95  discrete operational entity within a service provider which is
   96  subject to licensing as defined by rule. Service components
   97  include prevention, intervention, and clinical treatment
   98  described in subsection (22) (18).
   99         Section 2. Section 397.487, Florida Statutes, is created to
  100  read:
  101         397.487 Voluntary certification of recovery residences.—
  102         (1) The Legislature finds that a person suffering from
  103  addiction has a higher success rate of achieving long-lasting
  104  sobriety when given the opportunity to build a stronger
  105  foundation by living in a recovery residence after completing
  106  treatment. The Legislature further finds that this state and its
  107  subdivisions have a legitimate state interest in protecting
  108  these persons, who represent a vulnerable consumer population in
  109  need of adequate housing. It is the intent of the Legislature to
  110  protect persons who reside in a recovery residence.
  111         (2) The department shall approve at least one credentialing
  112  entity by December 1, 2015, for the purpose of developing and
  113  administering a voluntary certification program for recovery
  114  residences. The approved credentialing entity shall:
  115         (a) Establish recovery residence certification
  116  requirements.
  117         (b) Establish procedures to:
  118         1. Administer the application, certification,
  119  recertification, and disciplinary processes.
  120         2. Monitor and inspect a recovery residence and its staff
  121  to ensure compliance with certification requirements.
  122         3. Interview and evaluate residents, employees, and
  123  volunteer staff on their knowledge and application of
  124  certification requirements.
  125         (c) Provide training for owners, managers, and staff.
  126         (d) Develop a code of ethics.
  127         (e) Establish application, inspection, and annual
  128  certification renewal fees. The application fee may not exceed
  129  $100. Any onsite inspection fee shall reflect actual costs for
  130  inspections. The annual certification renewal fee may not exceed
  131  $100.
  132         (3) A credentialing entity shall require the recovery
  133  residence to submit the following documents with the completed
  134  application and fee:
  135         (a) A policy and procedures manual containing:
  136         1. Job descriptions for all staff positions.
  137         2. Drug-testing procedures and requirements.
  138         3. A prohibition on the premises against alcohol, illegal
  139  drugs, and the use of prescribed medications by an individual
  140  other than the individual for whom the medication is prescribed.
  141         4. Policies to support a resident’s recovery efforts.
  142         5. A good neighbor policy to address neighborhood concerns
  143  and complaints.
  144         (b) Rules for residents.
  145         (c) Copies of all forms provided to residents.
  146         (d) Intake procedures.
  147         (e) Relapse policy.
  148         (f) Fee schedule.
  149         (g) Refund policy.
  150         (h) Eviction procedures and policy.
  151         (i) Code of ethics.
  152         (j) Proof of insurance.
  153         (k) Proof of background screening.
  154         (l) Proof of satisfactory fire, safety, and health
  155  inspections.
  156         (4) Upon receiving a completed application and fee, a
  157  credentialing entity shall conduct an onsite inspection of the
  158  recovery residence.
  159         (5) All owners, directors, and chief financial officers of
  160  an applicant recovery residence are subject to level 2
  161  background screening as provided under chapter 435. The
  162  department shall notify the credentialing entity of the results
  163  of the background screenings. A credentialing entity shall deny
  164  a recovery residence’s application if any owner, director, or
  165  chief financial officer has been found guilty of, regardless of
  166  adjudication, or has entered a plea of nolo contendere or guilty
  167  to any offense listed in s. 435.04(2), unless the department has
  168  issued an exemption under s. 397.4872.
  169         (6) A credentialing entity shall issue a certificate of
  170  compliance upon approval of the recovery residence’s application
  171  and inspection. The certification shall automatically terminate
  172  1 year after issuance if not renewed.
  173         (7)Onsite followup monitoring of any certified recovery
  174  residence may be conducted by the credentialing entity to
  175  determine continuing compliance with certification requirements.
  176  The credentialing entity shall inspect each certified recovery
  177  residence at least annually to ensure compliance.
  178         (a)A credentialing entity may suspend or revoke a
  179  certificate of compliance if the recovery residence is not in
  180  compliance with any provision of this section or has failed to
  181  remedy any deficiency identified by the credentialing entity
  182  within the time period specified.
  183         (b)If any owner, director, or chief financial officer of a
  184  certified recovery residence is arrested or found guilty of,
  185  regardless of adjudication, or has entered a plea of nolo
  186  contendere or guilty to any offense listed in s. 435.04(2),
  187  while acting in that capacity, the certified recovery residence
  188  shall immediately remove the person from that position and shall
  189  notify the credentialing entity within 3 business days after
  190  such removal. The credentialing entity shall revoke the
  191  certificate of compliance of any recovery residence that fails
  192  to meet these requirements.
  193         (c) A credentialing entity shall revoke a recovery
  194  residence’s certificate of compliance if the recovery residence
  195  provides false or misleading information to the credentialing
  196  entity at any time.
  197         (8) A person may not advertise to the public, in any way or
  198  by any medium whatsoever, any recovery residence as a “certified
  199  recovery residence” unless such recovery residence has first
  200  secured a certificate of compliance under this section. A person
  201  who violates this subsection commits a misdemeanor of the first
  202  degree, punishable as provided in s. 775.082 or s. 775.083.
  203         Section 3. Section 397.4871, Florida Statutes, is created
  204  to read:
  205         397.4871 Recovery residence administrator certification.—
  206         (1) It is the intent of the Legislature that a recovery
  207  residence administrator voluntarily earn and maintain
  208  certification from a credentialing entity approved by the
  209  Department of Children and Families. The Legislature further
  210  intends that certification ensure that an administrator has the
  211  competencies necessary to appropriately respond to the needs of
  212  residents, to maintain residence standards, and to meet
  213  residence certification requirements.
  214         (2) The department shall approve at least one credentialing
  215  entity by December 1, 2015, for the purpose of developing and
  216  administering a voluntary credentialing program for
  217  administrators. The department shall approve any credentialing
  218  entity that the department endorses pursuant to s. 397.321(16)
  219  if the credentialing entity also meets the requirements of this
  220  section. The approved credentialing entity shall:
  221         (a) Establish recovery residence administrator core
  222  competencies, certification requirements, testing instruments,
  223  and recertification requirements according to nationally
  224  recognized certification and psychometric standards.
  225         (b) Establish a process to administer the certification
  226  application, award, and maintenance processes.
  227         (c) Develop and administer:
  228         1. A code of ethics and disciplinary process.
  229         2. Biennial continuing education requirements and annual
  230  certification renewal requirements.
  231         3. An education provider program to approve training
  232  entities that are qualified to provide precertification training
  233  to applicants and continuing education opportunities to
  234  certified persons.
  235         (3) A credentialing entity shall establish a certification
  236  program that:
  237         (a) Is established according to nationally recognized
  238  certification and psychometric standards.
  239         (b) Is directly related to the core competencies.
  240         (c) Establishes minimum requirements in each of the
  241  following categories:
  242         1. Training.
  243         2. On-the-job work experience.
  244         3. Supervision.
  245         4. Testing.
  246         5. Biennial continuing education.
  247         (d) Requires adherence to a code of ethics and provides for
  248  a disciplinary process that applies to certified persons.
  249         (e) Approves qualified training entities that provide
  250  precertification training to applicants and continuing education
  251  to certified recovery residence administrators. To avoid a
  252  conflict of interest, a credentialing entity or its affiliate
  253  may not deliver training to an applicant or continuing education
  254  to a certificateholder.
  255         (4) A credentialing entity shall establish application,
  256  examination, and certification fees and an annual certification
  257  renewal fee. The application, examination, and certification
  258  fees may not exceed $225. The annual certification renewal fee
  259  may not exceed $100.
  260         (5) All applicants are subject to level 2 background
  261  screening as provided under chapter 435. The department shall
  262  notify the credentialing entity of the results of the background
  263  screenings. A credentialing entity shall deny a person’s
  264  application if the applicant has been found guilty of,
  265  regardless of adjudication, or has entered a plea of nolo
  266  contendere or guilty to any offense listed in s. 435.04(2),
  267  unless the department has issued an exemption under s. 397.4872.
  268         (6) The credentialing entity shall issue a certificate of
  269  compliance upon approval of a person’s application. The
  270  certification shall automatically terminate 1 year after
  271  issuance if not renewed.
  272         (a) A credentialing entity may suspend or revoke the
  273  recovery residence administrator’s certificate of compliance if
  274  the recovery residence administrator fails to adhere to the
  275  continuing education requirements.
  276         (b) If a certified recovery residence administrator of a
  277  recovery residence is arrested or found guilty of, regardless of
  278  adjudication, or has entered a plea of nolo contendere or guilty
  279  to any offense listed in s. 435.04(2), the recovery residence
  280  shall immediately remove the recovery residence administrator
  281  from that position and shall notify the credentialing entity
  282  within 3 business days after such removal. The recovery
  283  residence shall have 30 days to retain a certified recovery
  284  residence administrator. The credentialing entity shall revoke
  285  the certificate of compliance of any recovery residence which
  286  fails to meet these requirements.
  287         (c) A credentialing entity shall revoke a recovery
  288  residence administrator’s certificate of compliance if the
  289  recovery residence administrator provides false or misleading
  290  information to the credentialing entity at any time.
  291         (7) A person may not advertise himself or herself to the
  292  public, in any way or by any medium whatsoever, as a “certified
  293  recovery residence administrator” unless he or she has first
  294  secured a certificate of compliance under this section. A person
  295  who violates this subsection commits a misdemeanor of the first
  296  degree, punishable as provided in s. 775.082 or s. 775.083.
  297         (8) A certified recovery residence administrator may
  298  qualify a recovery residence for referrals under s. 397.407(11)
  299  if the certified recovery residence administrator:
  300         (a) Registers with the credentialing entity the recovery
  301  residence he or she intends to qualify. The registration shall
  302  include:
  303         1. The name and address of the recovery residence,
  304  including the fictitious name, if any, under which the recovery
  305  residence is doing business.
  306         2. The name of the owners and any officers of the recovery
  307  residence.
  308         (b) Submits an affidavit attesting that he or she is
  309  actively managing the recovery residence and that he or she is
  310  not utilizing his or her recovery residence administrator’s
  311  certificate of compliance to qualify any additional recovery
  312  residences under this subsection.
  313         (9) A certified recovery residence administrator must
  314  notify the credentialing entity within 3 business days after the
  315  termination of the certified recovery residence administrator’s
  316  qualification of the recovery residence due to resignation or
  317  any other reason.
  318         (10) A certified recovery residence administrator may act
  319  as a qualifying agent for only one recovery residence at any
  320  given time.
  321         Section 4. Section 397.4872, Florida Statutes, is created
  322  to read:
  323         397.4872 Exemption from disqualification; publication.—
  324         (1) Individual exemptions from staff disqualification or
  325  administrator ineligibility may be requested if a recovery
  326  residence deems the decision will benefit the program. Requests
  327  for exemptions shall be submitted in writing to the department
  328  and include a justification for the exemption.
  329         (2) The department may exempt a person from ss. 397.487(5)
  330  and 397.4871(5) if it has been at least 3 years since the person
  331  has completed or been lawfully released from confinement,
  332  supervision, or sanction for the disqualifying offense. An
  333  exemption from the disqualifying offenses may not be given under
  334  any circumstances for any person who is a:
  335         (a) Sexual predator pursuant to s. 775.21;
  336         (b) Career offender pursuant to s. 775.261; or
  337         (c) Sexual offender pursuant to s. 943.0435, unless the
  338  requirement to register as a sexual offender has been removed
  339  pursuant to s. 943.04354.
  340         (3) By April 1, 2016, a credentialing entity shall submit a
  341  list to the department of all recovery residences and recovery
  342  residence administrators certified by the credentialing entity
  343  which hold a valid certificate of compliance. Thereafter, the
  344  credentialing entity must notify the department within 3
  345  business days after a new recovery residence or recovery
  346  residence administrator is certified or a recovery residence’s
  347  or recovery residence administrator’s certificate expires or is
  348  terminated. The department shall publish on its website a list
  349  of all recovery residences that hold a valid certificate of
  350  compliance or that have been qualified pursuant to s.
  351  397.4871(10). The department shall also publish on its website a
  352  list of all recovery residence administrators that hold a valid
  353  certificate of compliance. A recovery residence or recovery
  354  residence administrator shall be excluded from the list if the
  355  recovery residence administrator submits a written request to
  356  the department.
  357         Section 5. Subsections (1) and (5) of section 397.407,
  358  Florida Statutes, are amended, and subsection (11) is added to
  359  that section, to read:
  360         397.407 Licensure process; fees.—
  361         (1) The department shall establish by rule the licensure
  362  process to include fees and categories of licenses. The rule
  363  must prescribe a fee range that is based, at least in part, on
  364  the number and complexity of programs listed in s. 397.311(22)
  365  397.311(18) which are operated by a licensee. The fees from the
  366  licensure of service components are sufficient to cover at least
  367  50 percent of the costs of regulating the service components.
  368  The department shall specify by rule a fee range for public and
  369  privately funded licensed service providers. Fees for privately
  370  funded licensed service providers must exceed the fees for
  371  publicly funded licensed service providers. During adoption of
  372  the rule governing the licensure process and fees, the
  373  department shall carefully consider the potential adverse impact
  374  on small, not-for-profit service providers.
  375         (5) The department may issue probationary, regular, and
  376  interim licenses. After adopting the rule governing the
  377  licensure process and fees, the department shall issue one
  378  license for each service component that is operated by a service
  379  provider and defined in rule pursuant to s. 397.311(22)
  380  397.311(18). The license is valid only for the specific service
  381  components listed for each specific location identified on the
  382  license. The licensed service provider shall apply for a new
  383  license at least 60 days before the addition of any service
  384  components or 30 days before the relocation of any of its
  385  service sites. Provision of service components or delivery of
  386  services at a location not identified on the license may be
  387  considered an unlicensed operation that authorizes the
  388  department to seek an injunction against operation as provided
  389  in s. 397.401, in addition to other sanctions authorized by s.
  390  397.415. Probationary and regular licenses may be issued only
  391  after all required information has been submitted. A license may
  392  not be transferred. As used in this subsection, the term
  393  “transfer” includes, but is not limited to, the transfer of a
  394  majority of the ownership interest in the licensed entity or
  395  transfer of responsibilities under the license to another entity
  396  by contractual arrangement.
  397         (11) Effective July 1, 2016, a service provider licensed
  398  under this part may not refer a current or discharged patient to
  399  a recovery residence unless the recovery residence holds a valid
  400  certificate of compliance as provided in s. 397.487 or is
  401  actively managed by a certified recovery residence administrator
  402  as provided in s. 397.4871, or both, or is owned and operated by
  403  a licensed service provider or a licensed service provider’s
  404  wholly owned subsidiary. For purposes of this subsection, the
  405  term “refer” means to inform a patient by any means about the
  406  name, address, or other details of the recovery residence.
  407  However, this subsection does not require a licensed service
  408  provider to refer any patient to a recovery residence.
  409         Section 6. Paragraph (e) of subsection (5) of section
  410  212.055, Florida Statutes, is amended to read:
  411         212.055 Discretionary sales surtaxes; legislative intent;
  412  authorization and use of proceeds.—It is the legislative intent
  413  that any authorization for imposition of a discretionary sales
  414  surtax shall be published in the Florida Statutes as a
  415  subsection of this section, irrespective of the duration of the
  416  levy. Each enactment shall specify the types of counties
  417  authorized to levy; the rate or rates which may be imposed; the
  418  maximum length of time the surtax may be imposed, if any; the
  419  procedure which must be followed to secure voter approval, if
  420  required; the purpose for which the proceeds may be expended;
  421  and such other requirements as the Legislature may provide.
  422  Taxable transactions and administrative procedures shall be as
  423  provided in s. 212.054.
  424         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  425  s. 125.011(1) may levy the surtax authorized in this subsection
  426  pursuant to an ordinance either approved by extraordinary vote
  427  of the county commission or conditioned to take effect only upon
  428  approval by a majority vote of the electors of the county voting
  429  in a referendum. In a county as defined in s. 125.011(1), for
  430  the purposes of this subsection, “county public general
  431  hospital” means a general hospital as defined in s. 395.002
  432  which is owned, operated, maintained, or governed by the county
  433  or its agency, authority, or public health trust.
  434         (e) A governing board, agency, or authority shall be
  435  chartered by the county commission upon this act becoming law.
  436  The governing board, agency, or authority shall adopt and
  437  implement a health care plan for indigent health care services.
  438  The governing board, agency, or authority shall consist of no
  439  more than seven and no fewer than five members appointed by the
  440  county commission. The members of the governing board, agency,
  441  or authority shall be at least 18 years of age and residents of
  442  the county. No member may be employed by or affiliated with a
  443  health care provider or the public health trust, agency, or
  444  authority responsible for the county public general hospital.
  445  The following community organizations shall each appoint a
  446  representative to a nominating committee: the South Florida
  447  Hospital and Healthcare Association, the Miami-Dade County
  448  Public Health Trust, the Dade County Medical Association, the
  449  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  450  County. This committee shall nominate between 10 and 14 county
  451  citizens for the governing board, agency, or authority. The
  452  slate shall be presented to the county commission and the county
  453  commission shall confirm the top five to seven nominees,
  454  depending on the size of the governing board. Until such time as
  455  the governing board, agency, or authority is created, the funds
  456  provided for in subparagraph (d)2. shall be placed in a
  457  restricted account set aside from other county funds and not
  458  disbursed by the county for any other purpose.
  459         1. The plan shall divide the county into a minimum of four
  460  and maximum of six service areas, with no more than one
  461  participant hospital per service area. The county public general
  462  hospital shall be designated as the provider for one of the
  463  service areas. Services shall be provided through participants’
  464  primary acute care facilities.
  465         2. The plan and subsequent amendments to it shall fund a
  466  defined range of health care services for both indigent persons
  467  and the medically poor, including primary care, preventive care,
  468  hospital emergency room care, and hospital care necessary to
  469  stabilize the patient. For the purposes of this section,
  470  “stabilization” means stabilization as defined in s. 397.311(41)
  471  397.311(35). Where consistent with these objectives, the plan
  472  may include services rendered by physicians, clinics, community
  473  hospitals, and alternative delivery sites, as well as at least
  474  one regional referral hospital per service area. The plan shall
  475  provide that agreements negotiated between the governing board,
  476  agency, or authority and providers shall recognize hospitals
  477  that render a disproportionate share of indigent care, provide
  478  other incentives to promote the delivery of charity care to draw
  479  down federal funds where appropriate, and require cost
  480  containment, including, but not limited to, case management.
  481  From the funds specified in subparagraphs (d)1. and 2. for
  482  indigent health care services, service providers shall receive
  483  reimbursement at a Medicaid rate to be determined by the
  484  governing board, agency, or authority created pursuant to this
  485  paragraph for the initial emergency room visit, and a per-member
  486  per-month fee or capitation for those members enrolled in their
  487  service area, as compensation for the services rendered
  488  following the initial emergency visit. Except for provisions of
  489  emergency services, upon determination of eligibility,
  490  enrollment shall be deemed to have occurred at the time services
  491  were rendered. The provisions for specific reimbursement of
  492  emergency services shall be repealed on July 1, 2001, unless
  493  otherwise reenacted by the Legislature. The capitation amount or
  494  rate shall be determined prior to program implementation by an
  495  independent actuarial consultant. In no event shall such
  496  reimbursement rates exceed the Medicaid rate. The plan must also
  497  provide that any hospitals owned and operated by government
  498  entities on or after the effective date of this act must, as a
  499  condition of receiving funds under this subsection, afford
  500  public access equal to that provided under s. 286.011 as to any
  501  meeting of the governing board, agency, or authority the subject
  502  of which is budgeting resources for the retention of charity
  503  care, as that term is defined in the rules of the Agency for
  504  Health Care Administration. The plan shall also include
  505  innovative health care programs that provide cost-effective
  506  alternatives to traditional methods of service and delivery
  507  funding.
  508         3. The plan’s benefits shall be made available to all
  509  county residents currently eligible to receive health care
  510  services as indigents or medically poor as defined in paragraph
  511  (4)(d).
  512         4. Eligible residents who participate in the health care
  513  plan shall receive coverage for a period of 12 months or the
  514  period extending from the time of enrollment to the end of the
  515  current fiscal year, per enrollment period, whichever is less.
  516         5. At the end of each fiscal year, the governing board,
  517  agency, or authority shall prepare an audit that reviews the
  518  budget of the plan, delivery of services, and quality of
  519  services, and makes recommendations to increase the plan’s
  520  efficiency. The audit shall take into account participant
  521  hospital satisfaction with the plan and assess the amount of
  522  poststabilization patient transfers requested, and accepted or
  523  denied, by the county public general hospital.
  524         Section 7. Subsection (6) of section 394.9085, Florida
  525  Statutes, is amended to read:
  526         394.9085 Behavioral provider liability.—
  527         (6) For purposes of this section, the terms “detoxification
  528  services,” “addictions receiving facility,” and “receiving
  529  facility” have the same meanings as those provided in ss.
  530  397.311(22)(a)4. 397.311(18)(a)4., 397.311(22)(a)1.
  531  397.311(18)(a)1., and 394.455(26), respectively.
  532         Section 8. Subsection (8) of section 397.405, Florida
  533  Statutes, is amended to read:
  534         397.405 Exemptions from licensure.—The following are exempt
  535  from the licensing provisions of this chapter:
  536         (8) A legally cognizable church or nonprofit religious
  537  organization or denomination providing substance abuse services,
  538  including prevention services, which are solely religious,
  539  spiritual, or ecclesiastical in nature. A church or nonprofit
  540  religious organization or denomination providing any of the
  541  licensed service components itemized under s. 397.311(22)
  542  397.311(18) is not exempt from substance abuse licensure but
  543  retains its exemption with respect to all services which are
  544  solely religious, spiritual, or ecclesiastical in nature.
  546  The exemptions from licensure in this section do not apply to
  547  any service provider that receives an appropriation, grant, or
  548  contract from the state to operate as a service provider as
  549  defined in this chapter or to any substance abuse program
  550  regulated pursuant to s. 397.406. Furthermore, this chapter may
  551  not be construed to limit the practice of a physician or
  552  physician assistant licensed under chapter 458 or chapter 459, a
  553  psychologist licensed under chapter 490, a psychotherapist
  554  licensed under chapter 491, or an advanced registered nurse
  555  practitioner licensed under part I of chapter 464, who provides
  556  substance abuse treatment, so long as the physician, physician
  557  assistant, psychologist, psychotherapist, or advanced registered
  558  nurse practitioner does not represent to the public that he or
  559  she is a licensed service provider and does not provide services
  560  to individuals pursuant to part V of this chapter. Failure to
  561  comply with any requirement necessary to maintain an exempt
  562  status under this section is a misdemeanor of the first degree,
  563  punishable as provided in s. 775.082 or s. 775.083.
  564         Section 9. Section 397.416, Florida Statutes, is amended to
  565  read:
  566         397.416 Substance abuse treatment services; qualified
  567  professional.—Notwithstanding any other provision of law, a
  568  person who was certified through a certification process
  569  recognized by the former Department of Health and Rehabilitative
  570  Services before January 1, 1995, may perform the duties of a
  571  qualified professional with respect to substance abuse treatment
  572  services as defined in this chapter, and need not meet the
  573  certification requirements contained in s. 397.311(30)
  574  397.311(26).
  575         Section 10. Paragraphs (d) and (g) of subsection (1) of
  576  section 440.102, Florida Statutes, are amended to read:
  577         440.102 Drug-free workplace program requirements.—The
  578  following provisions apply to a drug-free workplace program
  579  implemented pursuant to law or to rules adopted by the Agency
  580  for Health Care Administration:
  581         (1) DEFINITIONS.—Except where the context otherwise
  582  requires, as used in this act:
  583         (d) “Drug rehabilitation program” means a service provider,
  584  established pursuant to s. 397.311(39) 397.311(33), that
  585  provides confidential, timely, and expert identification,
  586  assessment, and resolution of employee drug abuse.
  587         (g) “Employee assistance program” means an established
  588  program capable of providing expert assessment of employee
  589  personal concerns; confidential and timely identification
  590  services with regard to employee drug abuse; referrals of
  591  employees for appropriate diagnosis, treatment, and assistance;
  592  and followup services for employees who participate in the
  593  program or require monitoring after returning to work. If, in
  594  addition to the above activities, an employee assistance program
  595  provides diagnostic and treatment services, these services shall
  596  in all cases be provided by service providers pursuant to s.
  597  397.311(39) 397.311(33).
  598         Section 11. This act shall take effect July 1, 2015.