Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS/CS/CS/HB 1069, 1st Eng.
Ì1619623Î161962
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AE/2R .
03/08/2018 05:09 PM .
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Senator Rouson moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 116 - 238
4 and insert:
5 mental health or substance use disorders or co-occurring
6 disorders under the supervision of persons who meet all
7 personnel requirements of this chapter for up to 90 days after
8 being notified of the disqualification or until the department a
9 qualified professional licensed under chapter 490 or chapter 491
10 or a master’s-level-certified addictions professional until the
11 agency makes a final determination regarding the request for an
12 exemption from disqualification, whichever is earlier.
13 (h)(g) The department may not issue a regular license to
14 any service provider that fails to provide proof that background
15 screening information has been submitted in accordance with
16 chapter 435.
17 (4) EXEMPTIONS FROM DISQUALIFICATION.—
18 (a) The department may grant to any service provider
19 personnel an exemption from disqualification as provided in s.
20 435.07.
21 (b) Since rehabilitated substance abuse impaired persons
22 are effective in the successful treatment and rehabilitation of
23 individuals with substance use disorders, for service providers
24 which treat adolescents 13 years of age and older, service
25 provider personnel whose background checks indicate crimes under
26 s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 817.563, s.
27 831.01, s. 831.02, s. 893.13, or s. 893.147, and any related
28 criminal attempt, solicitation, or conspiracy under s. 777.04,
29 may be exempted from disqualification from employment pursuant
30 to this paragraph.
31 (c) The department may grant exemptions from
32 disqualification for service provider personnel to work solely
33 in substance abuse treatment programs or facilities or in
34 programs or facilities that treat co-occurring substance use and
35 mental health disorders. The department may further limit such
36 grant exemptions from disqualification which would limit service
37 provider personnel to working with adults in substance abuse
38 treatment facilities.
39 (d) When evaluating a peer specialist’s application for
40 exemption from disqualification, the department shall consider:
41 1. The need for peer specialists to provide support
42 services and the shortage of professionals and paraprofessionals
43 to provide behavioral health services.
44 2. That peer specialists may have criminal histories
45 resulting from substance use disorders or mental illnesses that
46 prevent them from meeting background screening requirements.
47 3. That peer specialists provide effective mental health
48 and substance abuse treatment support services because they
49 share common life experiences with the persons they assist and
50 promote a sense of community among those in recovery.
51 4. That research has shown that peer support facilitates
52 recovery and reduces health care costs.
53 Section 4. Section 397.417, Florida Statutes, is created to
54 read:
55 397.417 Behavioral health peer specialists.—
56 (1) An individual is eligible for certification as a peer
57 specialist if he or she has been in recovery from a substance
58 use disorder or mental illness for at least 2 years or if he or
59 she has experience as a family member or caregiver of a person
60 with a substance use disorder or mental illness.
61 (2) The department shall develop and implement a training
62 program for individuals seeking certification as peer
63 specialists. The department may designate one or more
64 credentialing entities that have met nationally recognized
65 standards for developing and administering professional
66 certification programs to certify peer specialists.
67 (3) An individual providing department-funded recovery
68 support services as a peer specialist shall be certified
69 pursuant to subsection (2). However, an individual who is not
70 certified may provide recovery support services as a peer
71 specialist for up to 1 year if he or she is working toward
72 certification and is supervised by a qualified professional or
73 by a certified peer specialist with supervisory training who has
74 at least 3 years of full-time experience as a peer specialist at
75 a licensed behavioral health organization.
76 Section 5. Subsection (1) and subsection (6) of section
77 397.487, Florida Statutes, are amended to read:
78 397.487 Voluntary certification of recovery residences.—
79 (1) The Legislature finds that a person suffering from
80 addiction has a higher success rate of achieving long-lasting
81 sobriety when given the opportunity to build a stronger
82 foundation by living in a recovery residence while receiving
83 treatment or after completing treatment. The Legislature further
84 finds that this state and its subdivisions have a legitimate
85 state interest in protecting these persons, who represent a
86 vulnerable consumer population in need of adequate housing. It
87 is the intent of the Legislature to protect persons who reside
88 in a recovery residence.
89 (6) All owners, directors, and chief financial officers of
90 an applicant recovery residence are subject to level 2
91 background screening as provided under chapter 435 and s.
92 408.809. A recovery residence is ineligible for certification,
93 and a credentialing entity shall deny a recovery residence’s
94 application, if any owner, director, or chief financial officer
95 has been found guilty of, or has entered a plea of guilty or
96 nolo contendere to, regardless of adjudication, any offense
97 listed in s. 408.809(4) or s. 435.04(2) unless the department
98 has issued an exemption under s. 397.4073 or s. 397.4872. In
99 accordance with s. 435.04, the department shall notify the
100 credentialing agency of an owner’s, director’s, or chief
101 financial officer’s eligibility based on the results of his or
102 her background screening.
103 Section 6. Section 397.4873, Florida Statutes, is amended
104 to read:
105 397.4873 Referrals to or from recovery residences;
106 prohibitions; penalties.—
107 (1) A service provider licensed under this part may not
108 make a referral of a prospective, current, or discharged patient
109 to, or accept a referral of such a patient from, a recovery
110 residence unless the recovery residence holds a valid
111 certificate of compliance as provided in s. 397.487 and is
112 actively managed by a certified recovery residence administrator
113 as provided in s. 397.4871.
114 (2) Subsection (1) does not apply to:
115 (a) A licensed service provider under contract with a
116 managing entity as defined in s. 394.9082.
117 (b) Referrals by a recovery residence to a licensed service
118 provider when a resident has experienced a recurrence of
119 substance use and, in the best judgment of the recovery
120 residence administrator, it appears that the resident may
121 benefit from clinical treatment services the recovery residence
122 or its owners, directors, operators, or employees do not
123 benefit, directly or indirectly, from the referral.
124 (c) Referrals made before January 1, 2019 July 1, 2018, by
125 a licensed service provider to that licensed service provider’s
126 wholly owned subsidiary, provided that applications and
127 associated fees are submitted by July 1, 2018.
128 (3) A recovery residence or its owners, directors,
129 operators, employees, or volunteers may not receive a pecuniary
130 benefit, directly or indirectly, from a licensed service
131 provider in exchange for a referral made pursuant to subsection
132 (1) or
133
134 ================= T I T L E A M E N D M E N T ================
135 And the title is amended as follows:
136 Delete lines 21 - 34
137 and insert:
138 certain treatment programs and facilities; requiring
139 the department to consider certain factors when
140 evaluating an application for an exemption; creating
141 s. 397.417, F.S.; providing qualifications for
142 certification as a peer specialist; requiring the
143 department to develop and implement a training program
144 for individuals seeking certification as peer
145 specialists; authorizing the department to designate
146 certain credentialing entities to certify peer
147 specialists; providing requirements for individuals
148 providing certain recovery support services as peer
149 specialists; amending s. 397.487, F.S.; revising
150 legislative findings relating to voluntary
151 certification of recovery residences; revising
152 background