Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 369
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: NC/3R          .                                
             05/03/2019 10:35 AM       .                                

       Senator Rouson moved the following:
    1         Senate Amendment to Amendment (624706) (with title
    2  amendment)
    4         Delete lines 283 - 421
    5  and insert:
    6         Section 5. Present subsections (30) through (49) of section
    7  397.311, Florida Statutes, are redesignated as subsections (31)
    8  through (50), respectively, a new subsection (30) is added to
    9  that section, and present subsection (37) of that section is
   10  amended, to read:
   11         397.311 Definitions.—As used in this chapter, except part
   12  VIII, the term:
   13         (30)“Peer specialist” has the same meaning as in s.
   14  394.455.
   15         (38)(37) “Recovery residence” means a residential dwelling
   16  unit, the community housing component of a licensed day or night
   17  treatment facility with community housing, or other form of
   18  group housing, which that is offered or advertised through any
   19  means, including oral, written, electronic, or printed means, by
   20  any person or entity as a residence that provides a peer
   21  supported, alcohol-free, and drug-free living environment.
   22         Section 6. Section 397.4012, Florida Statutes, is amended
   23  to read:
   24         397.4012 Exemptions from licensure.—The following are
   25  exempt from the licensing provisions of this chapter:
   26         (1) A hospital or hospital-based component licensed under
   27  chapter 395.
   28         (2) A nursing home facility as defined in s. 400.021.
   29         (3) A substance abuse education program established
   30  pursuant to s. 1003.42.
   31         (4) A facility or institution operated by the Federal
   32  Government.
   33         (5) A physician or physician assistant licensed under
   34  chapter 458 or chapter 459.
   35         (6) A psychologist licensed under chapter 490.
   36         (7) A social worker, marriage and family therapist, or
   37  mental health counselor licensed under chapter 491.
   38         (8) A legally cognizable church or nonprofit religious
   39  organization or denomination providing substance abuse services,
   40  including prevention services, which are solely religious,
   41  spiritual, or ecclesiastical in nature. A church or nonprofit
   42  religious organization or denomination providing any of the
   43  licensed service components itemized under s. 397.311(26) is not
   44  exempt from substance abuse licensure but retains its exemption
   45  with respect to all services which are solely religious,
   46  spiritual, or ecclesiastical in nature.
   47         (9) Facilities licensed under chapter 393 which, in
   48  addition to providing services to persons with developmental
   49  disabilities, also provide services to persons developmentally
   50  at risk as a consequence of exposure to alcohol or other legal
   51  or illegal drugs while in utero.
   52         (10) DUI education and screening services provided pursuant
   53  to ss. 316.192, 316.193, 322.095, 322.271, and 322.291. Persons
   54  or entities providing treatment services must be licensed under
   55  this chapter unless exempted from licensing as provided in this
   56  section.
   57         (11) A facility licensed under s. 394.875 as a crisis
   58  stabilization unit.
   60  The exemptions from licensure in subsections (3), (4), (8), (9),
   61  and (10) this section do not apply to any service provider that
   62  receives an appropriation, grant, or contract from the state to
   63  operate as a service provider as defined in this chapter or to
   64  any substance abuse program regulated pursuant to s. 397.4014.
   65  Furthermore, this chapter may not be construed to limit the
   66  practice of a physician or physician assistant licensed under
   67  chapter 458 or chapter 459, a psychologist licensed under
   68  chapter 490, a psychotherapist licensed under chapter 491, or an
   69  advanced practice registered nurse licensed under part I of
   70  chapter 464, who provides substance abuse treatment, so long as
   71  the physician, physician assistant, psychologist,
   72  psychotherapist, or advanced practice registered nurse does not
   73  represent to the public that he or she is a licensed service
   74  provider and does not provide services to individuals pursuant
   75  to part V of this chapter. Failure to comply with any
   76  requirement necessary to maintain an exempt status under this
   77  section is a misdemeanor of the first degree, punishable as
   78  provided in s. 775.082 or s. 775.083.
   79         Section 7. Subsection (3) of section 397.403, Florida
   80  Statutes, is amended to read:
   81         397.403 License application.—
   82         (3) Applications for licensure renewal must include proof
   83  of application for accreditation for each licensed service
   84  component providing clinical treatment by an accrediting
   85  organization that is acceptable to the department for the first
   86  renewal, and proof of accreditation for any subsequent renewals.
   87  This subsection does not apply to any inmate substance abuse
   88  program operated by or under an exclusive contract with a jail
   89  or the Department of Corrections.
   90         Section 8. Paragraph (g) of subsection (1) of section
   91  397.4073, Florida Statutes, is redesignated as paragraph (h), a
   92  new paragraph (g) is added to that subsection, and paragraphs
   93  (a) and (f) of that subsection and paragraphs (b) and (c) of
   94  subsection (4) are amended, to read:
   95         397.4073 Background checks of service provider personnel.—
   98         (a) For all individuals screened on or after July 1, 2019,
   99  background checks shall apply as follows:
  100         1. All owners, directors, chief financial officers, and
  101  clinical supervisors of service providers are subject to level 2
  102  background screening as provided under s. 408.809 and chapter
  103  435. Inmate substance abuse programs operated directly or under
  104  contract with the Department of Corrections are exempt from this
  105  requirement.
  106         2. All service provider personnel who have direct contact
  107  with children receiving services or with adults who are
  108  developmentally disabled receiving services are subject to level
  109  2 background screening as provided under s. 408.809 and chapter
  110  435.
  111         3.All peer specialists who have direct contact with
  112  individuals held for examination under s. 394.463 or receiving
  113  mental health or substance abuse treatment or services are
  114  subject to level 2 background screening as provided under s.
  115  397.417.
  116         (f) Service provider personnel who request an exemption
  117  from disqualification must submit the request within 30 days
  118  after being notified of the disqualification. The department
  119  shall grant or deny the request within 60 days after receipt of
  120  a complete application.
  121         (g) If 5 years or more, or 3 years or more in the case of a
  122  certified peer specialist or an individual seeking certification
  123  as a peer specialist pursuant to s. 397.417, have elapsed since
  124  an applicant for an exemption from disqualification has
  125  completed or has been lawfully released from confinement,
  126  supervision, or a nonmonetary condition imposed by a court for
  127  the applicant’s most recent disqualifying offense, the applicant
  128  may work with adults with substance use disorders or co
  129  occurring disorders under the supervision of persons who meet
  130  all personnel requirements of this chapter for up to 90 days
  131  after being notified of his or her disqualification or until the
  132  department makes a final determination regarding his or her
  133  request for an exemption from disqualification, whichever is
  134  earlier the most recent disqualifying offense, service provider
  135  personnel may work with adults with substance use disorders
  136  under the supervision of a qualified professional licensed under
  137  chapter 490 or chapter 491 or a master’s-level-certified
  138  addictions professional until the agency makes a final
  139  determination regarding the request for an exemption from
  140  disqualification.
  142         (b) Since rehabilitated substance abuse impaired persons
  143  are effective in the successful treatment and rehabilitation of
  144  individuals with substance use disorders, for service providers
  145  which treat adolescents 13 years of age and older, service
  146  provider personnel whose background checks indicate crimes under
  147  s. 817.563, s. 893.13, or s. 893.147 may be exempted from
  148  disqualification from employment pursuant to this paragraph.
  149         (c)The department may grant exemptions from
  150  disqualification for service provider personnel to work solely
  151  in substance use disorder treatment programs, facilities, or
  152  recovery residences or in programs or facilities that treat co
  153  occurring substance use and mental health disorders. The
  154  department may further limit such grant exemptions from
  155  disqualification which would limit service provider personnel to
  156  working with adults in substance abuse treatment facilities.
  157         Section 9. Subsections (1) and (6) of section 397.487,
  158  Florida Statutes, are amended, paragraph (e) is added to
  159  subsection (8), and subsection (11) is added to that section, to
  160  read:
  161         397.487 Voluntary certification of recovery residences.—
  162         (1) The Legislature finds that a person suffering from
  163  addiction has a higher success rate of achieving long-lasting
  164  sobriety when given the opportunity to build a stronger
  165  foundation by living in a recovery residence while receiving
  166  treatment or after completing treatment. The Legislature further
  167  finds that this state and its subdivisions have a legitimate
  168  state interest in protecting these persons, who represent a
  169  vulnerable consumer population in need of adequate housing. It
  170  is the intent of the Legislature to protect persons who reside
  171  in a recovery residence.
  172         (6) All owners, directors, and chief financial officers of
  173  an applicant recovery residence are subject to level 2
  174  background screening as provided under s. 408.809 and chapter
  175  435. A recovery residence is ineligible for certification, and a
  176  credentialing entity shall deny a recovery residence’s
  177  application, if any owner, director, or chief financial officer
  178  has been found guilty of, or has entered a plea of guilty or
  179  nolo contendere to, regardless of adjudication, any offense
  180  listed in s. 408.809(4) or s. 435.04(2) unless the department
  181  has issued an exemption under s. 397.4073 or s. 397.4872. In
  182  accordance with s. 435.04, the department shall notify the
  183  credentialing agency of an owner’s, director’s, or chief
  184  financial officer’s eligibility based on the results of his or
  185  her background screening.
  186         (8) Onsite followup monitoring of a certified recovery
  187  residence may be conducted by the credentialing entity to
  188  determine continuing compliance with certification requirements.
  189  The credentialing entity shall inspect each certified recovery
  190  residence at least annually to ensure compliance.
  191         (e)Any decision by a department-recognized credentialing
  192  entity to deny, revoke, or suspend a certification, or otherwise
  193  impose sanctions on a recovery residence, is reviewable by the
  194  department. Upon receiving an adverse determination, the
  195  recovery residence may request an administrative hearing
  196  pursuant to ss. 120.569 and 120.57(1) within 30 days after
  197  completing any appeals process offered by the credentialing
  198  entity or the department, as applicable.
  199         (11)Notwithstanding any landlord and tenant rights and
  200  obligations under chapter 83, a recovery residence that is
  201  certified under this section and has a discharge policy approved
  202  by a department-recognized credentialing entity may immediately
  203  discharge or transfer a resident in accordance with that policy
  204  under any of the following circumstances:
  205         (a)The discharge or transfer is necessary for the
  206  resident’s welfare.
  207         (b)The resident’s needs cannot be met at the recovery
  208  residence.
  209         (c)The health and safety of other residents or recovery
  210  residence employees is at risk or would be at risk if the
  211  resident continues to live at the recovery residence.
  212         Section 10. Paragraph (d) is added to subsection (2) of
  213  section 397.4873, Florida Statutes, and subsection (1) of that
  214  section is republished, to read:
  215         397.4873 Referrals to or from recovery residences;
  216  prohibitions; penalties.—
  217         (1) A service provider licensed under this part may not
  218  make a referral of a prospective, current, or discharged patient
  219  to, or accept a referral of such a patient from, a recovery
  220  residence unless the recovery residence holds a valid
  221  certificate of compliance as provided in s. 397.487 and is
  222  actively managed by a certified recovery residence administrator
  223  as provided in s. 397.4871.
  224         (2) Subsection (1) does not apply to:
  225         (d)The referral of a patient to, or acceptance of a
  226  referral of such a patient from, a recovery residence that has
  227  no direct or indirect financial or other referral relationship
  228  with the licensed service provider and that is democratically
  229  operated by its residents pursuant to a charter from an entity
  230  recognized or sanctioned by Congress, and where the residence or
  231  any resident of the residence does not receive a benefit,
  232  directly or indirectly, for the referral.
  233         Section 11. Paragraph (d) of subsection (1) of section
  234  397.55, Florida Statutes, is amended to read:
  235         397.55 Prohibition of deceptive marketing practices.—
  236         (1) The Legislature recognizes that consumers of substance
  237  abuse treatment have disabling conditions and that such
  238  consumers and their families are vulnerable and at risk of being
  239  easily victimized by fraudulent marketing practices that
  240  adversely impact the delivery of health care. To protect the
  241  health, safety, and welfare of this vulnerable population, a
  242  service provider, an operator of a recovery residence, or a
  243  third party who provides any form of advertising or marketing
  244  services to a service provider or an operator of a recovery
  245  residence may not engage in any of the following marketing
  246  practices:
  247         (d) Entering into a contract with a marketing provider who
  248  agrees to generate referrals or leads for the placement of
  249  patients with a service provider or in a recovery residence
  250  through a call center or a web-based presence, unless the
  251  contract requires such agreement and the marketing provider
  252  service provider or the operator of the recovery residence
  253  discloses the following to the prospective patient so that the
  254  patient can make an informed health care decision:
  255         1. Information about the specific licensed service
  256  providers or recovery residences that are represented by the
  257  marketing provider and pay a fee to the marketing provider,
  258  including the identity of such service providers or recovery
  259  residences; and
  260         2. Clear and concise instructions that allow the
  261  prospective patient to easily access lists of licensed service
  262  providers and recovery residences on the department website.
  264  ================= T I T L E  A M E N D M E N T ================
  265  And the title is amended as follows:
  266         Delete lines 1004 - 1021
  267  and insert:
  268         amending s. 397.311, F.S.; providing and revising
  269         definitions; amending s. 397.4012, F.S.; revising the
  270         applicability of exemptions from licensure for certain
  271         entities; amending s. 397.403, F.S.; providing an
  272         exemption from certain accreditation requirements
  273         relating to licensure renewal for certain inmate
  274         substance abuse programs; amending s. 397.4073, F.S.;
  275         requiring individuals screened on or after a specified
  276         date to undergo a specified background screening;
  277         requiring the Department of Children and Families to
  278         grant or deny a request for an exemption from
  279         disqualification within a certain timeframe;
  280         authorizing a certain applicant for an exemption to
  281         work under the supervision of certain persons for a
  282         specified period of time while his or her application
  283         for an exemption from disqualification is pending;
  284         deleting a provision exempting certain persons from
  285         disqualification from employment; authorizing the
  286         department to grant exemptions from disqualification
  287         for service provider personnel to work solely in
  288         certain treatment programs, facilities, or recovery
  289         residences; amending s. 397.487, F.S.; revising
  290         legislative findings relating to voluntary
  291         certification of recovery residences; revising
  292         background screening requirements for owners,
  293         directors, and chief financial officers of recovery
  294         residences; providing for review by the department of
  295         certain decisions made by a department-recognized
  296         credentialing entity; authorizing certain recovery
  297         residences to request an administrative hearing within
  298         a specified timeframe under certain conditions;
  299         authorizing certain recovery residences to immediately
  300         discharge or transfer residents under certain
  301         circumstances; amending s. 397.4873, F.S.; expanding
  302         the exceptions to limitations on referrals by recovery
  303         residences to licensed service providers; amending s.
  304         397.55, F.S.; revising the requirements for a service
  305         provider, operator of a recovery residence, or certain
  306         third parties to enter into certain contracts with
  307         marketing providers; creating s. 397.417,