Florida Senate - 2015                       CS for CS for SB 326
       By the Committees on Appropriations; and Children, Families, and
       Elder Affairs; and Senators Clemens and Sachs
       576-03801-15                                           2015326c2
    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 suspension or revocation of
   36         certification; providing a criminal penalty for
   37         falsely advertising oneself as a “certified recovery
   38         residence administrator”; prohibiting a certified
   39         recovery residence administrator from managing more
   40         than three recovery residences at any given time;
   41         creating s. 397.4872, F.S.; providing exemptions from
   42         disqualifying offenses; requiring credentialing
   43         entities to provide the department with a list of all
   44         certified recovery residences and recovery residence
   45         administrators by a date certain; requiring the
   46         department to publish the list on its website;
   47         allowing recovery residences and recovery residence
   48         administrators to be excluded from the list upon
   49         written request to the department; amending s.
   50         397.407, F.S.; providing conditions for a licensed
   51         service provider to refer patients to a certified
   52         recovery residence or a recovery residence owned and
   53         operated by the licensed service provider; defining
   54         the term “refer”; conforming cross-references;
   55         amending ss. 212.055, 394.9085, 397.405, 397.416, and
   56         440.102, F.S.; conforming cross-references; providing
   57         an effective date.
   59  Be It Enacted by the Legislature of the State of Florida:
   61         Section 1. Subsections (4) and (5), subsections (6) through
   62  (28), and subsections (29) through (39) of section 397.311,
   63  Florida Statutes, are renumbered as subsections (7) and (8),
   64  subsections (10) through (32), and subsections (35) through
   65  (45), respectively, present subsections (7) and (32) of that
   66  section are amended, and new subsections (4), (5), (6), (9),
   67  (33), and (34) are added to that section, to read:
   68         397.311 Definitions.—As used in this chapter, except part
   69  VIII, the term:
   70         (4) “Certificate of compliance” means a certificate that is
   71  issued by a credentialing entity to a recovery residence or a
   72  recovery residence administrator.
   73         (5) “Certified recovery residence” means a recovery
   74  residence that holds a valid certificate of compliance and is
   75  actively managed by a certified recovery residence
   76  administrator.
   77         (6) “Certified recovery residence administrator” means a
   78  recovery residence administrator who holds a valid certificate
   79  of compliance.
   80         (9) “Credentialing entity” means a nonprofit organization
   81  that develops and administers professional, facility, or
   82  organization certification programs according to applicable
   83  nationally recognized certification or psychometric standards.
   84         (11)(7) “Director” means the chief administrative or
   85  executive officer of a service provider or recovery residence.
   86         (33) “Recovery residence” means a residential dwelling
   87  unit, or other form of group housing, that is offered or
   88  advertised through any means, including oral, written,
   89  electronic, or printed means, by any person or entity as a
   90  residence that provides a peer-supported, alcohol-free, and
   91  drug-free living environment.
   92         (34) “Recovery residence administrator” means the person
   93  responsible for overall management of the recovery residence,
   94  including, but not limited to, the supervision of residents and
   95  staff employed by, or volunteering for, the residence.
   96         (38)(32) “Service component” or “component” means a
   97  discrete operational entity within a service provider which is
   98  subject to licensing as defined by rule. Service components
   99  include prevention, intervention, and clinical treatment
  100  described in subsection (22) (18).
  101         Section 2. Section 397.487, Florida Statutes, is created to
  102  read:
  103         397.487 Voluntary certification of recovery residences.—
  104         (1) The Legislature finds that a person suffering from
  105  addiction has a higher success rate of achieving long-lasting
  106  sobriety when given the opportunity to build a stronger
  107  foundation by living in a recovery residence after completing
  108  treatment. The Legislature further finds that this state and its
  109  subdivisions have a legitimate state interest in protecting
  110  these persons, who represent a vulnerable consumer population in
  111  need of adequate housing. It is the intent of the Legislature to
  112  protect persons who reside in a recovery residence.
  113         (2) The department shall approve at least one credentialing
  114  entity by December 1, 2015, for the purpose of developing and
  115  administering a voluntary certification program for recovery
  116  residences. The approved credentialing entity shall:
  117         (a) Establish recovery residence certification
  118  requirements.
  119         (b) Establish procedures to:
  120         1. Administer the application, certification,
  121  recertification, and disciplinary processes.
  122         2. Monitor and inspect a recovery residence and its staff
  123  to ensure compliance with certification requirements.
  124         3. Interview and evaluate residents, employees, and
  125  volunteer staff on their knowledge and application of
  126  certification requirements.
  127         (c) Provide training for owners, managers, and staff.
  128         (d) Develop a code of ethics.
  129         (e) Establish application, inspection, and annual
  130  certification renewal fees. The application fee may not exceed
  131  $100. Any onsite inspection fee shall reflect actual costs for
  132  inspections. The annual certification renewal fee may not exceed
  133  $100.
  134         (3) A credentialing entity shall require the recovery
  135  residence to submit the following documents with the completed
  136  application and fee:
  137         (a) A policy and procedures manual containing:
  138         1. Job descriptions for all staff positions.
  139         2. Drug-testing procedures and requirements.
  140         3. A prohibition on the premises against alcohol, illegal
  141  drugs, and the use of prescribed medications by an individual
  142  other than the individual for whom the medication is prescribed.
  143         4. Policies to support a resident’s recovery efforts.
  144         5. A good neighbor policy to address neighborhood concerns
  145  and complaints.
  146         (b) Rules for residents.
  147         (c) Copies of all forms provided to residents.
  148         (d) Intake procedures.
  149         (e) Sexual predator and sexual offender registry compliance
  150  policy.
  151         (f) Relapse policy.
  152         (g) Fee schedule.
  153         (h) Refund policy.
  154         (i) Eviction procedures and policy.
  155         (j) Code of ethics.
  156         (k) Proof of insurance.
  157         (l) Proof of background screening.
  158         (m) Proof of satisfactory fire, safety, and health
  159  inspections.
  160         (4) A certified recovery residence must be actively managed
  161  by a certified recovery residence administrator. All
  162  applications for certification must include the name of the
  163  certified recovery residence administrator who will be actively
  164  managing the applicant recovery residence.
  165         (5) Upon receiving a complete application, a credentialing
  166  entity shall conduct an onsite inspection of the recovery
  167  residence.
  168         (6) All owners, directors, and chief financial officers of
  169  an applicant recovery residence are subject to level 2
  170  background screening as provided under chapter 435. A recovery
  171  residence is ineligible for certification, and a credentialing
  172  entity shall deny a recovery residence’s application, if any
  173  owner, director, or chief financial officer has been found
  174  guilty of, or has entered a plea of guilty or nolo contendere
  175  to, regardless of adjudication, any offense listed in s.
  176  435.04(2) unless the department has issued an exemption under s.
  177  397.4872. In accordance with s. 435.04, the department shall
  178  notify the credentialing agency of an owner’s, director’s, or
  179  chief financial officer’s eligibility based on the results of
  180  his or her background screening.
  181         (7) A credentialing entity shall issue a certificate of
  182  compliance upon approval of the recovery residence’s application
  183  and inspection. The certification shall automatically terminate
  184  1 year after issuance if not renewed.
  185         (8) Onsite followup monitoring of a certified recovery
  186  residence may be conducted by the credentialing entity to
  187  determine continuing compliance with certification requirements.
  188  The credentialing entity shall inspect each certified recovery
  189  residence at least annually to ensure compliance.
  190         (a) A credentialing entity may suspend or revoke a
  191  certification if the recovery residence is not in compliance
  192  with any provision of this section or has failed to remedy any
  193  deficiency identified by the credentialing entity within the
  194  time period specified.
  195         (b) A certified recovery residence must notify the
  196  credentialing entity within 3 business days after the removal of
  197  the recovery residence’s certified recovery residence
  198  administrator due to termination, resignation, or any other
  199  reason. The recovery residence has 30 days to retain a certified
  200  recovery residence administrator. The credentialing entity shall
  201  revoke the certificate of compliance of any recovery residence
  202  that fails to comply with this paragraph.
  203         (c) If any owner, director, or chief financial officer of a
  204  certified recovery residence is arrested for or found guilty of,
  205  or enters a plea of guilty or nolo contendere to, regardless of
  206  adjudication, any offense listed in s. 435.04(2) while acting in
  207  that capacity, the certified recovery residence shall
  208  immediately remove the person from that position and shall
  209  notify the credentialing entity within 3 business days after
  210  such removal. The credentialing entity shall revoke the
  211  certificate of compliance of a recovery residence that fails to
  212  meet these requirements.
  213         (d) A credentialing entity shall revoke a recovery
  214  residence’s certificate of compliance if the recovery residence
  215  provides false or misleading information to the credentialing
  216  entity at any time.
  217         (9) A person may not advertise to the public, in any way or
  218  by any medium whatsoever, any recovery residence as a “certified
  219  recovery residence” unless such recovery residence has first
  220  secured a certificate of compliance under this section. A person
  221  who violates this subsection commits a misdemeanor of the first
  222  degree, punishable as provided in s. 775.082 or s. 775.083.
  223         Section 3. Section 397.4871, Florida Statutes, is created
  224  to read:
  225         397.4871 Recovery residence administrator certification.—
  226         (1) It is the intent of the Legislature that a recovery
  227  residence administrator voluntarily earn and maintain
  228  certification from a credentialing entity approved by the
  229  Department of Children and Families. The Legislature further
  230  intends that certification ensure that an administrator has the
  231  competencies necessary to appropriately respond to the needs of
  232  residents, to maintain residence standards, and to meet
  233  residence certification requirements.
  234         (2) The department shall approve at least one credentialing
  235  entity by December 1, 2015, for the purpose of developing and
  236  administering a voluntary credentialing program for
  237  administrators. The department shall approve any credentialing
  238  entity that the department endorses pursuant to s. 397.321(16)
  239  if the credentialing entity also meets the requirements of this
  240  section. The approved credentialing entity shall:
  241         (a) Establish recovery residence administrator core
  242  competencies, certification requirements, testing instruments,
  243  and recertification requirements.
  244         (b) Establish a process to administer the certification
  245  application, award, and maintenance processes.
  246         (c) Develop and administer:
  247         1. A code of ethics and disciplinary process.
  248         2. Biennial continuing education requirements and annual
  249  certification renewal requirements.
  250         3. An education provider program to approve training
  251  entities that are qualified to provide precertification training
  252  to applicants and continuing education opportunities to
  253  certified persons.
  254         (3) A credentialing entity shall establish a certification
  255  program that:
  256         (a) Is directly related to the core competencies.
  257         (b) Establishes minimum requirements in each of the
  258  following categories:
  259         1. Training.
  260         2. On-the-job work experience.
  261         3. Supervision.
  262         4. Testing.
  263         5. Biennial continuing education.
  264         (c) Requires adherence to a code of ethics and provides for
  265  a disciplinary process that applies to certified persons.
  266         (d) Approves qualified training entities that provide
  267  precertification training to applicants and continuing education
  268  to certified recovery residence administrators. To avoid a
  269  conflict of interest, a credentialing entity or its affiliate
  270  may not deliver training to an applicant or continuing education
  271  to a certificateholder.
  272         (4) A credentialing entity shall establish application,
  273  examination, and certification fees and an annual certification
  274  renewal fee. The application, examination, and certification fee
  275  may not exceed $225. The annual certification renewal fee may
  276  not exceed $100.
  277         (5) All applicants are subject to level 2 background
  278  screening as provided under chapter 435. An applicant is
  279  ineligible, and a credentialing entity shall deny the
  280  application, if the applicant has been found guilty of, or has
  281  entered a plea of guilty or nolo contendere to, regardless of
  282  adjudication, any offense listed in s. 435.04(2) unless the
  283  department has issued an exemption under s. 397.4872. In
  284  accordance with s. 435.04, the department shall notify the
  285  credentialing agency of the applicant’s eligibility based on the
  286  results of his or her background screening.
  287         (6) The credentialing entity shall issue a certificate of
  288  compliance upon approval of a person’s application. The
  289  certification shall automatically terminate 1 year after
  290  issuance if not renewed.
  291         (a) A credentialing entity may suspend or revoke the
  292  recovery residence administrator’s certificate of compliance if
  293  the recovery residence administrator fails to adhere to the
  294  continuing education requirements.
  295         (b) If a certified recovery residence administrator of a
  296  recovery residence is arrested for or found guilty of, or enters
  297  a plea of guilty or nolo contendere to, regardless of
  298  adjudication, any offense listed in s. 435.04(2) while acting in
  299  that capacity, the recovery residence shall immediately remove
  300  the person from that position and shall notify the credentialing
  301  entity within 3 business days after such removal. The recovery
  302  residence shall have 30 days to retain a certified recovery
  303  residence administrator. The credentialing entity shall revoke
  304  the certificate of compliance of any recovery residence that
  305  fails to meet these requirements.
  306         (c) A credentialing entity shall revoke a recovery
  307  residence administrator’s certificate of compliance if the
  308  recovery residence administrator provides false or misleading
  309  information to the credentialing entity at any time.
  310         (7) A person may not advertise himself or herself to the
  311  public, in any way or by any medium whatsoever, as a “certified
  312  recovery residence administrator” unless he or she has first
  313  secured a certificate of compliance under this section. A person
  314  who violates this subsection commits a misdemeanor of the first
  315  degree, punishable as provided in s. 775.082 or s. 775.083.
  316         (8) A certified recovery residence administrator may
  317  actively manage no more than three recovery residences at any
  318  given time.
  319         Section 4. Section 397.4872, Florida Statutes, is created
  320  to read:
  321         397.4872 Exemption from disqualification; publication.—
  322         (1) Individual exemptions to staff disqualification or
  323  administrator ineligibility may be requested if a recovery
  324  residence deems the decision will benefit the program. Requests
  325  for exemptions must be submitted in writing to the department
  326  within 20 days after the denial by the credentialing entity and
  327  must include a justification for the exemption.
  328         (2) The department may exempt a person from ss. 397.487(6)
  329  and 397.4871(5) if it has been at least 3 years since the person
  330  has completed or been lawfully released from confinement,
  331  supervision, or sanction for the disqualifying offense. An
  332  exemption from the disqualifying offenses may not be given under
  333  any circumstances for any person who is a:
  334         (a) Sexual predator pursuant to s. 775.21;
  335         (b) Career offender pursuant to s. 775.261; or
  336         (c) Sexual offender pursuant to s. 943.0435, unless the
  337  requirement to register as a sexual offender has been removed
  338  pursuant to s. 943.04354.
  339         (3) By April 1, 2016, each credentialing entity shall
  340  submit a list to the department of all recovery residences and
  341  recovery residence administrators certified by the credentialing
  342  entity that hold a valid certificate of compliance. Thereafter,
  343  the credentialing entity must notify the department within 3
  344  business days after a new recovery residence or recovery
  345  residence administrator is certified or a recovery residence or
  346  recovery residence administrator’s certificate expires or is
  347  terminated. The department shall publish on its website a list
  348  of all recovery residences that hold a valid certificate of
  349  compliance. The department shall also publish on its website a
  350  list of all recovery residence administrators who hold a valid
  351  certificate of compliance. A recovery residence or recovery
  352  residence administrator shall be excluded from the list upon
  353  written request to the department by the listed individual or
  354  entity.
  355         Section 5. Subsections (1) and (5) of section 397.407,
  356  Florida Statutes, are amended, and subsection (11) is added to
  357  that section, to read:
  358         397.407 Licensure process; fees.—
  359         (1) The department shall establish by rule the licensure
  360  process to include fees and categories of licenses. The rule
  361  must prescribe a fee range that is based, at least in part, on
  362  the number and complexity of programs listed in s. 397.311(22)
  363  s. 397.311(18) which are operated by a licensee. The fees from
  364  the licensure of service components are sufficient to cover at
  365  least 50 percent of the costs of regulating the service
  366  components. The department shall specify by rule a fee range for
  367  public and privately funded licensed service providers. Fees for
  368  privately funded licensed service providers must exceed the fees
  369  for publicly funded licensed service providers. During adoption
  370  of the rule governing the licensure process and fees, the
  371  department shall carefully consider the potential adverse impact
  372  on small, not-for-profit service providers.
  373         (5) The department may issue probationary, regular, and
  374  interim licenses. After adopting the rule governing the
  375  licensure process and fees, the department shall issue one
  376  license for each service component that is operated by a service
  377  provider and defined in rule pursuant to s. 397.311(22) s.
  378  397.311(18). The license is valid only for the specific service
  379  components listed for each specific location identified on the
  380  license. The licensed service provider shall apply for a new
  381  license at least 60 days before the addition of any service
  382  components or 30 days before the relocation of any of its
  383  service sites. Provision of service components or delivery of
  384  services at a location not identified on the license may be
  385  considered an unlicensed operation that authorizes the
  386  department to seek an injunction against operation as provided
  387  in s. 397.401, in addition to other sanctions authorized by s.
  388  397.415. Probationary and regular licenses may be issued only
  389  after all required information has been submitted. A license may
  390  not be transferred. As used in this subsection, the term
  391  “transfer” includes, but is not limited to, the transfer of a
  392  majority of the ownership interest in the licensed entity or
  393  transfer of responsibilities under the license to another entity
  394  by contractual arrangement.
  395         (11) Effective July 1, 2016, a service provider licensed
  396  under this part may not refer a current or discharged patient to
  397  a recovery residence unless the recovery residence holds a valid
  398  certificate of compliance as provided in s. 397.487 and is
  399  actively managed by a certified recovery residence administrator
  400  as provided in s. 397.4871 or the recovery residence is owned
  401  and operated by a licensed service provider or a licensed
  402  service provider’s wholly owned subsidiary. For purposes of this
  403  subsection, the term “refer” means to inform a patient by any
  404  means about the name, address, or other details of the recovery
  405  residence. However, this subsection does not require a licensed
  406  service provider to refer any patient to a recovery residence.
  407         Section 6. Paragraph (e) of subsection (5) of section
  408  212.055, Florida Statutes, is amended to read:
  409         212.055 Discretionary sales surtaxes; legislative intent;
  410  authorization and use of proceeds.—It is the legislative intent
  411  that any authorization for imposition of a discretionary sales
  412  surtax shall be published in the Florida Statutes as a
  413  subsection of this section, irrespective of the duration of the
  414  levy. Each enactment shall specify the types of counties
  415  authorized to levy; the rate or rates which may be imposed; the
  416  maximum length of time the surtax may be imposed, if any; the
  417  procedure which must be followed to secure voter approval, if
  418  required; the purpose for which the proceeds may be expended;
  419  and such other requirements as the Legislature may provide.
  420  Taxable transactions and administrative procedures shall be as
  421  provided in s. 212.054.
  422         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  423  s. 125.011(1) may levy the surtax authorized in this subsection
  424  pursuant to an ordinance either approved by extraordinary vote
  425  of the county commission or conditioned to take effect only upon
  426  approval by a majority vote of the electors of the county voting
  427  in a referendum. In a county as defined in s. 125.011(1), for
  428  the purposes of this subsection, “county public general
  429  hospital” means a general hospital as defined in s. 395.002
  430  which is owned, operated, maintained, or governed by the county
  431  or its agency, authority, or public health trust.
  432         (e) A governing board, agency, or authority shall be
  433  chartered by the county commission upon this act becoming law.
  434  The governing board, agency, or authority shall adopt and
  435  implement a health care plan for indigent health care services.
  436  The governing board, agency, or authority shall consist of no
  437  more than seven and no fewer than five members appointed by the
  438  county commission. The members of the governing board, agency,
  439  or authority shall be at least 18 years of age and residents of
  440  the county. No member may be employed by or affiliated with a
  441  health care provider or the public health trust, agency, or
  442  authority responsible for the county public general hospital.
  443  The following community organizations shall each appoint a
  444  representative to a nominating committee: the South Florida
  445  Hospital and Healthcare Association, the Miami-Dade County
  446  Public Health Trust, the Dade County Medical Association, the
  447  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  448  County. This committee shall nominate between 10 and 14 county
  449  citizens for the governing board, agency, or authority. The
  450  slate shall be presented to the county commission and the county
  451  commission shall confirm the top five to seven nominees,
  452  depending on the size of the governing board. Until such time as
  453  the governing board, agency, or authority is created, the funds
  454  provided for in subparagraph (d)2. shall be placed in a
  455  restricted account set aside from other county funds and not
  456  disbursed by the county for any other purpose.
  457         1. The plan shall divide the county into a minimum of four
  458  and maximum of six service areas, with no more than one
  459  participant hospital per service area. The county public general
  460  hospital shall be designated as the provider for one of the
  461  service areas. Services shall be provided through participants’
  462  primary acute care facilities.
  463         2. The plan and subsequent amendments to it shall fund a
  464  defined range of health care services for both indigent persons
  465  and the medically poor, including primary care, preventive care,
  466  hospital emergency room care, and hospital care necessary to
  467  stabilize the patient. For the purposes of this section,
  468  “stabilization” means stabilization as defined in s. 397.311(41)
  469  397.311(35). Where consistent with these objectives, the plan
  470  may include services rendered by physicians, clinics, community
  471  hospitals, and alternative delivery sites, as well as at least
  472  one regional referral hospital per service area. The plan shall
  473  provide that agreements negotiated between the governing board,
  474  agency, or authority and providers shall recognize hospitals
  475  that render a disproportionate share of indigent care, provide
  476  other incentives to promote the delivery of charity care to draw
  477  down federal funds where appropriate, and require cost
  478  containment, including, but not limited to, case management.
  479  From the funds specified in subparagraphs (d)1. and 2. for
  480  indigent health care services, service providers shall receive
  481  reimbursement at a Medicaid rate to be determined by the
  482  governing board, agency, or authority created pursuant to this
  483  paragraph for the initial emergency room visit, and a per-member
  484  per-month fee or capitation for those members enrolled in their
  485  service area, as compensation for the services rendered
  486  following the initial emergency visit. Except for provisions of
  487  emergency services, upon determination of eligibility,
  488  enrollment shall be deemed to have occurred at the time services
  489  were rendered. The provisions for specific reimbursement of
  490  emergency services shall be repealed on July 1, 2001, unless
  491  otherwise reenacted by the Legislature. The capitation amount or
  492  rate shall be determined prior to program implementation by an
  493  independent actuarial consultant. In no event shall such
  494  reimbursement rates exceed the Medicaid rate. The plan must also
  495  provide that any hospitals owned and operated by government
  496  entities on or after the effective date of this act must, as a
  497  condition of receiving funds under this subsection, afford
  498  public access equal to that provided under s. 286.011 as to any
  499  meeting of the governing board, agency, or authority the subject
  500  of which is budgeting resources for the retention of charity
  501  care, as that term is defined in the rules of the Agency for
  502  Health Care Administration. The plan shall also include
  503  innovative health care programs that provide cost-effective
  504  alternatives to traditional methods of service and delivery
  505  funding.
  506         3. The plan’s benefits shall be made available to all
  507  county residents currently eligible to receive health care
  508  services as indigents or medically poor as defined in paragraph
  509  (4)(d).
  510         4. Eligible residents who participate in the health care
  511  plan shall receive coverage for a period of 12 months or the
  512  period extending from the time of enrollment to the end of the
  513  current fiscal year, per enrollment period, whichever is less.
  514         5. At the end of each fiscal year, the governing board,
  515  agency, or authority shall prepare an audit that reviews the
  516  budget of the plan, delivery of services, and quality of
  517  services, and makes recommendations to increase the plan’s
  518  efficiency. The audit shall take into account participant
  519  hospital satisfaction with the plan and assess the amount of
  520  poststabilization patient transfers requested, and accepted or
  521  denied, by the county public general hospital.
  522         Section 7. Subsection (6) of section 394.9085, Florida
  523  Statutes, is amended to read:
  524         394.9085 Behavioral provider liability.—
  525         (6) For purposes of this section, the terms “detoxification
  526  services,” “addictions receiving facility,” and “receiving
  527  facility” have the same meanings as those provided in ss.
  528  397.311(22)(a)4. 397.311(18)(a)4., 397.311(22)(a)1.
  529  397.311(18)(a)1., and 394.455(26), respectively.
  530         Section 8. Subsection (8) of section 397.405, Florida
  531  Statutes, is amended to read:
  532         397.405 Exemptions from licensure.—The following are exempt
  533  from the licensing provisions of this chapter:
  534         (8) A legally cognizable church or nonprofit religious
  535  organization or denomination providing substance abuse services,
  536  including prevention services, which are solely religious,
  537  spiritual, or ecclesiastical in nature. A church or nonprofit
  538  religious organization or denomination providing any of the
  539  licensed service components itemized under s. 397.311(22) s.
  540  397.311(18) is not exempt from substance abuse licensure but
  541  retains its exemption with respect to all services which are
  542  solely religious, spiritual, or ecclesiastical in nature.
  544  The exemptions from licensure in this section do not apply to
  545  any service provider that receives an appropriation, grant, or
  546  contract from the state to operate as a service provider as
  547  defined in this chapter or to any substance abuse program
  548  regulated pursuant to s. 397.406. Furthermore, this chapter may
  549  not be construed to limit the practice of a physician or
  550  physician assistant licensed under chapter 458 or chapter 459, a
  551  psychologist licensed under chapter 490, a psychotherapist
  552  licensed under chapter 491, or an advanced registered nurse
  553  practitioner licensed under part I of chapter 464, who provides
  554  substance abuse treatment, so long as the physician, physician
  555  assistant, psychologist, psychotherapist, or advanced registered
  556  nurse practitioner does not represent to the public that he or
  557  she is a licensed service provider and does not provide services
  558  to individuals pursuant to part V of this chapter. Failure to
  559  comply with any requirement necessary to maintain an exempt
  560  status under this section is a misdemeanor of the first degree,
  561  punishable as provided in s. 775.082 or s. 775.083.
  562         Section 9. Section 397.416, Florida Statutes, is amended to
  563  read:
  564         397.416 Substance abuse treatment services; qualified
  565  professional.—Notwithstanding any other provision of law, a
  566  person who was certified through a certification process
  567  recognized by the former Department of Health and Rehabilitative
  568  Services before January 1, 1995, may perform the duties of a
  569  qualified professional with respect to substance abuse treatment
  570  services as defined in this chapter, and need not meet the
  571  certification requirements contained in s. 397.311(30) s.
  572  397.311(26).
  573         Section 10. Paragraphs (d) and (g) of subsection (1) of
  574  section 440.102, Florida Statutes, are amended to read:
  575         440.102 Drug-free workplace program requirements.—The
  576  following provisions apply to a drug-free workplace program
  577  implemented pursuant to law or to rules adopted by the Agency
  578  for Health Care Administration:
  579         (1) DEFINITIONS.—Except where the context otherwise
  580  requires, as used in this act:
  581         (d) “Drug rehabilitation program” means a service provider,
  582  established pursuant to s. 397.311(39) s. 397.311(33), that
  583  provides confidential, timely, and expert identification,
  584  assessment, and resolution of employee drug abuse.
  585         (g) “Employee assistance program” means an established
  586  program capable of providing expert assessment of employee
  587  personal concerns; confidential and timely identification
  588  services with regard to employee drug abuse; referrals of
  589  employees for appropriate diagnosis, treatment, and assistance;
  590  and followup services for employees who participate in the
  591  program or require monitoring after returning to work. If, in
  592  addition to the above activities, an employee assistance program
  593  provides diagnostic and treatment services, these services shall
  594  in all cases be provided by service providers pursuant to s.
  595  397.311(39) s. 397.311(33).
  596         Section 11. This act shall take effect July 1, 2015.