Florida Senate - 2019 SB 900
By Senator Harrell
25-00638C-19 2019900__
1 A bill to be entitled
2 An act relating to substance abuse services; amending
3 s. 394.4572, F.S.; authorizing the Department of
4 Children and Families and the Agency for Health Care
5 Administration to grant exemptions from
6 disqualification for certain service provider
7 personnel; amending s. 397.311, F.S.; redefining the
8 terms “clinical supervisor” and “recovery residence”;
9 defining the terms “clinical services supervisor,”
10 “clinical director,” and “peer specialist”; amending
11 s. 397.321, F.S.; providing for the review of certain
12 decisions by a department-recognized certifying
13 entity; authorizing certain persons to request an
14 administrative hearing within a specified timeframe
15 and under certain circumstances; amending s. 397.4073,
16 F.S.; requiring individuals screened on or after a
17 specified date to undergo specified background
18 screening; requiring the department to grant or deny a
19 request for an exemption from qualification within a
20 certain timeframe; authorizing certain applicants for
21 an exemption to work under the supervision of certain
22 persons for a specified period of time while his or
23 her application is pending; authorizing certain
24 persons to be exempt from disqualification from
25 employment; authorizing the department to grant
26 exemptions from disqualification for service provider
27 personnel to work solely in certain treatment programs
28 and facilities; amending s. 397.4075, F.S.; increasing
29 the criminal penalty for certain unlawful activities
30 relating to personnel; providing a criminal penalty
31 for inaccurately disclosing certain facts in an
32 application for licensure; creating s. 397.417, F.S.;
33 authorizing an individual to seek certification as a
34 peer specialist if he or she meets certain
35 requirements; requiring the department to approve one
36 or more third-party credentialing entities for
37 specified purposes; requiring the credentialing entity
38 to demonstrate compliance with certain standards in
39 order to be approved by the department; requiring an
40 individual providing department-funded recovery
41 support services as a peer specialist to be certified;
42 authorizing an individual who is not certified to
43 provide recovery support services as a peer specialist
44 under certain circumstances; prohibiting an individual
45 who is not a certified peer specialist from
46 advertising or providing recovery services unless the
47 person is exempt; providing criminal penalties;
48 amending s. 397.487, F.S.; revising legislative
49 findings relating to voluntary certification of
50 recovery residences; revising background screening
51 requirements for owners, directors, and chief
52 financial officers of recovery residences; authorizing
53 a certified recovery residence to immediately
54 discharge or transfer residents under certain
55 circumstances; amending s. 397.4873, F.S.; expanding
56 the exceptions to limitations on referrals by recovery
57 residences to licensed service providers; amending s.
58 397.55, F.S.; revising the requirements for a service
59 provider, operator of a recovery residence, or certain
60 third parties to enter into certain contracts with
61 marketing providers; amending s. 435.07, F.S.;
62 authorizing the exemption of certain persons from
63 disqualification from employment; amending s. 553.80,
64 F.S.; requiring that a single-family or two-family
65 dwelling used as a recovery residence be deemed a
66 single-family or two-family dwelling for purposes of
67 the Florida Building Code; amending s. 633.206, F.S.;
68 requiring the Department of Financial Services to
69 establish uniform firesafety standards for recovery
70 residences; exempting a single-family or two-family
71 dwelling used as a recovery residence from the uniform
72 firesafety standards; requiring that such dwellings be
73 deemed a single-family or two-family dwelling for the
74 purposes of the Life Safety Code and Florida Fire
75 Prevention Code; amending ss. 212.055, 397.416, and
76 440.102, F.S.; conforming cross-references; providing
77 an effective date.
78
79 Be It Enacted by the Legislature of the State of Florida:
80
81 Section 1. Subsection (2) of section 394.4572, Florida
82 Statutes, is amended to read:
83 394.4572 Screening of mental health personnel.—
84 (2)(a) The department or the Agency for Health Care
85 Administration may grant exemptions from disqualification as
86 provided in chapter 435.
87 (b) The department or the Agency for Health Care
88 Administration, as applicable, may grant exemptions from
89 disqualification for service provider personnel to work solely
90 in mental health treatment programs or facilities, or in
91 programs or facilities that treat co-occurring substance use and
92 mental health disorders.
93 Section 2. Present subsections (30) through (49) of section
94 397.311, Florida Statutes, are redesignated as subsections (31)
95 through (50), respectively, subsection (8) and present
96 subsection (37) of that section are amended, and subsection (30)
97 is added to that section, to read:
98 397.311 Definitions.—As used in this chapter, except part
99 VIII, the term:
100 (8)“Clinical supervisor,” “clinical services supervisor,”
101 or “clinical director” means a person who meets the requirements
102 of a qualified professional and who manages personnel who
103 provide direct clinical services, or who maintains lead
104 responsibility for the overall coordination and provision of
105 clinical services treatment.
106 (30) “Peer specialist” means a person who has been in
107 recovery from a substance use disorder or mental illness for at
108 least 2 years and who uses his or her personal experience to
109 provide services in behavioral health settings, supporting
110 others in their recovery; or a person who has at least 2 years
111 of experience as a family member or caregiver of an individual
112 who has a substance use disorder or mental illness. The term
113 does not include a qualified professional or a person otherwise
114 certified under chapter 394 or chapter 397.
115 (38)(37) “Recovery residence” means a residential dwelling
116 unit, or other form of group housing, including group housing
117 that is part of any licensable community housing component
118 established by rule or statute, which that is offered or
119 advertised through any means, including oral, written,
120 electronic, or printed means, by any person or entity as a
121 residence that provides a peer-supported, alcohol-free, and
122 drug-free living environment.
123 Section 3. Subsection (15) of section 397.321, Florida
124 Statutes, is amended to read:
125 397.321 Duties of the department.—The department shall:
126 (15) Recognize a statewide certification process for
127 addiction professionals and identify and endorse one or more
128 agencies responsible for such certification of service provider
129 personnel. Any decision by a department-recognized certifying
130 entity to deny, revoke, or suspend a certification, or otherwise
131 impose sanctions on an individual who is certified, is
132 reviewable by the department. Upon receiving an adverse
133 determination, the person aggrieved may request an
134 administrative hearing conducted pursuant to ss. 120.569 and
135 120.57(1) within 30 days after completing any appeals process
136 offered by the credentialing entity or the department, as
137 applicable.
138 Section 4. Paragraphs (a), (f), and (g) of subsection (1),
139 and subsection (4) of section 397.4073, Florida Statutes, are
140 amended to read:
141 397.4073 Background checks of service provider personnel.—
142 (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
143 EXCEPTIONS.—
144 (a) For all individuals screened on or after July 1, 2019,
145 background checks shall apply as follows:
146 1. All owners, directors, chief financial officers, and
147 clinical supervisors of service providers are subject to level 2
148 background screening as provided under chapter 435 and s.
149 408.809. Inmate substance abuse programs operated directly or
150 under contract with the Department of Corrections are exempt
151 from this requirement.
152 2. All service provider personnel who have direct contact
153 with children receiving services or with adults who are
154 developmentally disabled receiving services are subject to level
155 2 background screening as provided under chapter 435 and s.
156 408.809.
157 3. All peer specialists who have direct contact with
158 individuals receiving services are subject to level 2 background
159 screening as provided under chapter 435 and s. 408.809.
160 (f) Service provider personnel who request an exemption
161 from disqualification must submit the request within 30 days
162 after being notified of the disqualification. The department
163 shall grant or deny the request within 60 days after receipt of
164 a complete application.
165 (g) If 5 years or more have elapsed since an applicant for
166 an exemption from disqualification has completed or has been
167 lawfully released from confinement, supervision, or a
168 nonmonetary condition imposed by a court for the applicant’s
169 most recent disqualifying offense, the applicant may work with
170 adults with substance use disorders or co-occurring disorders
171 under the supervision of persons who meet all personnel
172 requirements of this chapter for up to 90 days after being
173 notified of his or her disqualification or until the department
174 makes a final determination regarding his or her request for an
175 exemption from disqualification, whichever is earlier the most
176 recent disqualifying offense, service provider personnel may
177 work with adults with substance use disorders under the
178 supervision of a qualified professional licensed under chapter
179 490 or chapter 491 or a master’s-level-certified addictions
180 professional until the agency makes a final determination
181 regarding the request for an exemption from disqualification.
182 (h)(g) The department may not issue a regular license to
183 any service provider that fails to provide proof that background
184 screening information has been submitted in accordance with
185 chapter 435.
186 (4) EXEMPTIONS FROM DISQUALIFICATION.—
187 (a) The department may grant to any service provider
188 personnel an exemption from disqualification as provided in s.
189 435.07.
190 (b) Since rehabilitated substance abuse impaired persons
191 are effective in the successful treatment and rehabilitation of
192 individuals with substance use disorders, for service providers
193 which treat adolescents 13 years of age and older, service
194 provider personnel whose background checks indicate crimes under
195 s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 817.563, s.
196 831.01, s. 831.02, s. 893.13, or s. 893.147, and any related
197 criminal attempt, solicitation, or conspiracy under s. 777.04,
198 may be exempted from disqualification from employment pursuant
199 to this paragraph.
200 (c) The department may grant exemptions from
201 disqualification for service provider personnel to work solely
202 in substance use disorder treatment programs, facilities, or
203 recovery residences or in programs or facilities that treat co
204 occurring substance use and mental health disorders. The
205 department may further limit such grant exemptions from
206 disqualification which would limit service provider personnel to
207 working with adults in substance abuse treatment facilities.
208 Section 5. Section 397.4075, Florida Statutes, is amended
209 to read:
210 397.4075 Unlawful activities relating to personnel;
211 penalties.—It is a felony of the third misdemeanor of the first
212 degree, punishable as provided in s. 775.082 or s. 775.083, for
213 any person willfully, knowingly, or intentionally to:
214 (1) Inaccurately disclose by false statement,
215 misrepresentation, impersonation, or other fraudulent means, or
216 fail to disclose, in any application for licensure or voluntary
217 or paid employment, any fact which is material in making a
218 determination as to the person’s qualifications to be an owner,
219 a director, a volunteer, or other personnel of a service
220 provider;
221 (2) Operate or attempt to operate as a service provider
222 with personnel who are in noncompliance with the minimum
223 standards contained in this chapter; or
224 (3) Use or release any criminal or juvenile information
225 obtained under this chapter for any purpose other than
226 background checks of personnel for employment.
227 Section 6. Section 397.417, Florida Statutes, is created to
228 read:
229 397.417 Peer Specialists.—
230 (1) An individual may seek certification as a peer
231 specialist if he or she has been in recovery from a substance
232 use disorder or mental illness for at least 2 years, or if he or
233 she has at least 2 years of experience as a family member or
234 caregiver of a person with a substance use disorder or mental
235 illness.
236 (2) The department shall approve one or more third-party
237 credentialing entities for the purposes of certifying peer
238 specialists, approving training programs for individuals seeking
239 certification as peer specialists, approving continuing
240 education programs, and establishing the minimum requirements
241 and standards that applicants must achieve to maintain
242 certification. To obtain approval, the third-party credentialing
243 entity must demonstrate compliance with nationally recognized
244 standards for developing and administering professional
245 certification programs to certify peer specialists.
246 (3) An individual providing department-funded recovery
247 support services as a peer specialist shall be certified
248 pursuant to subsection (2). An individual who is not certified
249 may provide recovery support services as a peer specialist for
250 up to 1 year if he or she is working toward certification and is
251 supervised by a qualified professional or by a certified peer
252 specialist who has at least 3 years of full-time experience as a
253 peer specialist at a licensed behavioral health organization.
254 (4) An individual who is not a certified peer specialist
255 may not advertise recovery services to the public in any way, or
256 by any medium; or provide recovery services as a peer
257 specialist, unless the person is exempt under subsection (3).
258 Any individual who violates this subsection commits a
259 misdemeanor of the first degree, punishable as provided in s.
260 775.082 or s. 775.083.
261 Section 7. Subsections (1) and (6) of section 397.487,
262 Florida Statutes, are amended, and subsection (11) is added to
263 that section, to read:
264 397.487 Voluntary certification of recovery residences.—
265 (1) The Legislature finds that a person suffering from
266 addiction has a higher success rate of achieving long-lasting
267 sobriety when given the opportunity to build a stronger
268 foundation by living in a recovery residence while receiving
269 treatment or after completing treatment. The Legislature further
270 finds that this state and its subdivisions have a legitimate
271 state interest in protecting these persons, who represent a
272 vulnerable consumer population in need of adequate housing. It
273 is the intent of the Legislature to protect persons who reside
274 in a recovery residence.
275 (6) All owners, directors, and chief financial officers of
276 an applicant recovery residence are subject to level 2
277 background screening as provided under chapter 435 and s.
278 408.809. A recovery residence is ineligible for certification,
279 and a credentialing entity shall deny a recovery residence’s
280 application, if any owner, director, or chief financial officer
281 has been found guilty of, or has entered a plea of guilty or
282 nolo contendere to, regardless of adjudication, any offense
283 listed in s. 435.04(2) or s. 408.809(4) unless the department
284 has issued an exemption under s. 397.4073 or s. 397.4872. In
285 accordance with s. 435.04, the department shall notify the
286 credentialing agency of an owner’s, director’s, or chief
287 financial officer’s eligibility based on the results of his or
288 her background screening.
289 (11) Notwithstanding any landlord and tenant rights and
290 obligations under chapter 83, a recovery residence that is
291 certified under this section and that has a discharge policy
292 approved by a credentialing entity may immediately discharge or
293 transfer a resident under any of the following circumstances:
294 (a) The discharge or transfer is necessary for the
295 resident’s welfare.
296 (b) The resident’s needs cannot be met at the recovery
297 residence.
298 (c) The health and safety of other residents or recovery
299 residence employees is at risk or would be at risk if the
300 resident continues to live at the recovery residence.
301 Section 8. Paragraph (d) is added to subsection (2) of
302 section 397.4873, Florida Statutes, and subsection (1) of that
303 section is republished, to read:
304 397.4873 Referrals to or from recovery residences;
305 prohibitions; penalties.—
306 (1) A service provider licensed under this part may not
307 make a referral of a prospective, current, or discharged patient
308 to, or accept a referral of such a patient from, a recovery
309 residence unless the recovery residence holds a valid
310 certificate of compliance as provided in s. 397.487 and is
311 actively managed by a certified recovery residence administrator
312 as provided in s. 397.4871.
313 (2) Subsection (1) does not apply to:
314 (d) The referral of a patient to, or acceptance of a
315 referral of such a patient from, a recovery residence that has
316 no direct or indirect financial or other referral relationship
317 with the provider and that is democratically operated by its
318 residents pursuant to a charter from an entity recognized or
319 sanctioned by Congress, and where the residence or any resident
320 of the residence does not receive a benefit, directly or
321 indirectly, for the referral.
322 Section 9. Paragraph (d) of subsection (1) of section
323 397.55, Florida Statutes, is amended to read:
324 397.55 Prohibition of deceptive marketing practices.—
325 (1) The Legislature recognizes that consumers of substance
326 abuse treatment have disabling conditions and that such
327 consumers and their families are vulnerable and at risk of being
328 easily victimized by fraudulent marketing practices that
329 adversely impact the delivery of health care. To protect the
330 health, safety, and welfare of this vulnerable population, a
331 service provider, an operator of a recovery residence, or a
332 third party who provides any form of advertising or marketing
333 services to a service provider or an operator of a recovery
334 residence may not engage in any of the following marketing
335 practices:
336 (d) Entering into a contract with a marketing provider who
337 agrees to generate referrals or leads for the placement of
338 patients with a service provider or in a recovery residence
339 through a call center or a web-based presence, unless the
340 contract requires such agreement and the marketing provider
341 service provider or the operator of the recovery residence
342 discloses the following to the prospective patient so that the
343 patient can make an informed health care decision:
344 1. Information about the specific licensed service
345 providers or recovery residences that are represented by the
346 marketing provider and pay a fee to the marketing provider,
347 including the identity of such service providers or recovery
348 residences; and
349 2. Clear and concise instructions that allow the
350 prospective patient to easily access lists of licensed service
351 providers and recovery residences on the department website.
352 Section 10. Subsection (2) of section 435.07, Florida
353 Statutes, is amended to read:
354 435.07 Exemptions from disqualification.—Unless otherwise
355 provided by law, the provisions of this section apply to
356 exemptions from disqualification for disqualifying offenses
357 revealed pursuant to background screenings required under this
358 chapter, regardless of whether those disqualifying offenses are
359 listed in this chapter or other laws.
360 (2) Persons employed, or applicants for employment, by
361 treatment providers who treat adolescents 13 years of age and
362 older who are disqualified from employment solely because of
363 crimes under s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s.
364 817.563, s. 831.01, s. 831.02, s. 893.13, or s. 893.147, or any
365 related criminal attempt, solicitation, or conspiracy under s.
366 777.04, may be exempted from disqualification from employment
367 pursuant to this chapter without application of the waiting
368 period in subparagraph (1)(a)1.
369 Section 11. Subsection (9) is added to section 553.80,
370 Florida Statutes, to read:
371 553.80 Enforcement.—
372 (9) If a single-family or two-family dwelling is used as a
373 recovery residence, as defined in s. 397.311, such dwelling
374 shall be deemed a single-family or two-family dwelling for
375 purposes of the Florida Building Code.
376 Section 12. Paragraph (b) of subsection (1) of section
377 633.206, Florida Statutes, is amended, and subsection (5) is
378 added to that section, to read:
379 633.206 Uniform firesafety standards—The Legislature hereby
380 determines that to protect the public health, safety, and
381 welfare it is necessary to provide for firesafety standards
382 governing the construction and utilization of certain buildings
383 and structures. The Legislature further determines that certain
384 buildings or structures, due to their specialized use or to the
385 special characteristics of the person utilizing or occupying
386 these buildings or structures, should be subject to firesafety
387 standards reflecting these special needs as may be appropriate.
388 (1) The department shall establish uniform firesafety
389 standards that apply to:
390 (b) All new, existing, and proposed hospitals, nursing
391 homes, assisted living facilities, adult family-care homes,
392 recovery residences, correctional facilities, public schools,
393 transient public lodging establishments, public food service
394 establishments, elevators, migrant labor camps, mobile home
395 parks, lodging parks, recreational vehicle parks, recreational
396 camps, residential and nonresidential child care facilities,
397 facilities for the developmentally disabled, motion picture and
398 television special effects productions, tunnels, and self
399 service gasoline stations, of which standards the State Fire
400 Marshal is the final administrative interpreting authority.
401
402 In the event there is a dispute between the owners of the
403 buildings specified in paragraph (b) and a local authority
404 requiring a more stringent uniform firesafety standard for
405 sprinkler systems, the State Fire Marshal shall be the final
406 administrative interpreting authority and the State Fire
407 Marshal’s interpretation regarding the uniform firesafety
408 standards shall be considered final agency action.
409 (5) If a single-family or two-family dwelling is used as a
410 recovery residence, as defined in s. 397.311, such dwelling is
411 exempt from the uniform firesafety standards for recovery
412 residences and shall be deemed a single-family or two-family
413 dwelling for the purposes of the Life Safety Code and Florida
414 Fire Prevention Code.
415 Section 13. Paragraph (e) of subsection (5) of section
416 212.055, Florida Statutes, is amended to read:
417 212.055 Discretionary sales surtaxes; legislative intent;
418 authorization and use of proceeds.—It is the legislative intent
419 that any authorization for imposition of a discretionary sales
420 surtax shall be published in the Florida Statutes as a
421 subsection of this section, irrespective of the duration of the
422 levy. Each enactment shall specify the types of counties
423 authorized to levy; the rate or rates which may be imposed; the
424 maximum length of time the surtax may be imposed, if any; the
425 procedure which must be followed to secure voter approval, if
426 required; the purpose for which the proceeds may be expended;
427 and such other requirements as the Legislature may provide.
428 Taxable transactions and administrative procedures shall be as
429 provided in s. 212.054.
430 (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
431 s. 125.011(1) may levy the surtax authorized in this subsection
432 pursuant to an ordinance either approved by extraordinary vote
433 of the county commission or conditioned to take effect only upon
434 approval by a majority vote of the electors of the county voting
435 in a referendum. In a county as defined in s. 125.011(1), for
436 the purposes of this subsection, “county public general
437 hospital” means a general hospital as defined in s. 395.002
438 which is owned, operated, maintained, or governed by the county
439 or its agency, authority, or public health trust.
440 (e) A governing board, agency, or authority shall be
441 chartered by the county commission upon this act becoming law.
442 The governing board, agency, or authority shall adopt and
443 implement a health care plan for indigent health care services.
444 The governing board, agency, or authority shall consist of no
445 more than seven and no fewer than five members appointed by the
446 county commission. The members of the governing board, agency,
447 or authority shall be at least 18 years of age and residents of
448 the county. No member may be employed by or affiliated with a
449 health care provider or the public health trust, agency, or
450 authority responsible for the county public general hospital.
451 The following community organizations shall each appoint a
452 representative to a nominating committee: the South Florida
453 Hospital and Healthcare Association, the Miami-Dade County
454 Public Health Trust, the Dade County Medical Association, the
455 Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
456 County. This committee shall nominate between 10 and 14 county
457 citizens for the governing board, agency, or authority. The
458 slate shall be presented to the county commission and the county
459 commission shall confirm the top five to seven nominees,
460 depending on the size of the governing board. Until such time as
461 the governing board, agency, or authority is created, the funds
462 provided for in subparagraph (d)2. shall be placed in a
463 restricted account set aside from other county funds and not
464 disbursed by the county for any other purpose.
465 1. The plan shall divide the county into a minimum of four
466 and maximum of six service areas, with no more than one
467 participant hospital per service area. The county public general
468 hospital shall be designated as the provider for one of the
469 service areas. Services shall be provided through participants’
470 primary acute care facilities.
471 2. The plan and subsequent amendments to it shall fund a
472 defined range of health care services for both indigent persons
473 and the medically poor, including primary care, preventive care,
474 hospital emergency room care, and hospital care necessary to
475 stabilize the patient. For the purposes of this section,
476 “stabilization” means stabilization as defined in s. 397.311 s.
477 397.311(45). Where consistent with these objectives, the plan
478 may include services rendered by physicians, clinics, community
479 hospitals, and alternative delivery sites, as well as at least
480 one regional referral hospital per service area. The plan shall
481 provide that agreements negotiated between the governing board,
482 agency, or authority and providers shall recognize hospitals
483 that render a disproportionate share of indigent care, provide
484 other incentives to promote the delivery of charity care to draw
485 down federal funds where appropriate, and require cost
486 containment, including, but not limited to, case management.
487 From the funds specified in subparagraphs (d)1. and 2. for
488 indigent health care services, service providers shall receive
489 reimbursement at a Medicaid rate to be determined by the
490 governing board, agency, or authority created pursuant to this
491 paragraph for the initial emergency room visit, and a per-member
492 per-month fee or capitation for those members enrolled in their
493 service area, as compensation for the services rendered
494 following the initial emergency visit. Except for provisions of
495 emergency services, upon determination of eligibility,
496 enrollment shall be deemed to have occurred at the time services
497 were rendered. The provisions for specific reimbursement of
498 emergency services shall be repealed on July 1, 2001, unless
499 otherwise reenacted by the Legislature. The capitation amount or
500 rate shall be determined before program implementation by an
501 independent actuarial consultant. In no event shall such
502 reimbursement rates exceed the Medicaid rate. The plan must also
503 provide that any hospitals owned and operated by government
504 entities on or after the effective date of this act must, as a
505 condition of receiving funds under this subsection, afford
506 public access equal to that provided under s. 286.011 as to any
507 meeting of the governing board, agency, or authority the subject
508 of which is budgeting resources for the retention of charity
509 care, as that term is defined in the rules of the Agency for
510 Health Care Administration. The plan shall also include
511 innovative health care programs that provide cost-effective
512 alternatives to traditional methods of service and delivery
513 funding.
514 3. The plan’s benefits shall be made available to all
515 county residents currently eligible to receive health care
516 services as indigents or medically poor as defined in paragraph
517 (4)(d).
518 4. Eligible residents who participate in the health care
519 plan shall receive coverage for a period of 12 months or the
520 period extending from the time of enrollment to the end of the
521 current fiscal year, per enrollment period, whichever is less.
522 5. At the end of each fiscal year, the governing board,
523 agency, or authority shall prepare an audit that reviews the
524 budget of the plan, delivery of services, and quality of
525 services, and makes recommendations to increase the plan’s
526 efficiency. The audit shall take into account participant
527 hospital satisfaction with the plan and assess the amount of
528 poststabilization patient transfers requested, and accepted or
529 denied, by the county public general hospital.
530 Section 14. Section 397.416, Florida Statutes, is amended
531 to read:
532 397.416 Substance abuse treatment services; qualified
533 professional.—Notwithstanding any other provision of law, a
534 person who was certified through a certification process
535 recognized by the former Department of Health and Rehabilitative
536 Services before January 1, 1995, may perform the duties of a
537 qualified professional with respect to substance abuse treatment
538 services as defined in this chapter, and need not meet the
539 certification requirements contained in s. 397.311(35) s.
540 397.311(34).
541 Section 15. Paragraphs (d) and (g) of subsection (1) of
542 section 440.102, Florida Statutes, are amended to read:
543 440.102 Drug-free workplace program requirements.—The
544 following provisions apply to a drug-free workplace program
545 implemented pursuant to law or to rules adopted by the Agency
546 for Health Care Administration:
547 (1) DEFINITIONS.—Except where the context otherwise
548 requires, as used in this act:
549 (d) “Drug rehabilitation program” means a service provider
550 as defined in s. 397.311 which, established pursuant to s.
551 397.311(43), that provides confidential, timely, and expert
552 identification, assessment, and resolution of employee drug
553 abuse.
554 (g) “Employee assistance program” means an established
555 program capable of providing expert assessment of employee
556 personal concerns; confidential and timely identification
557 services with regard to employee drug abuse; referrals of
558 employees for appropriate diagnosis, treatment, and assistance;
559 and followup services for employees who participate in the
560 program or require monitoring after returning to work. If, in
561 addition to the above activities, an employee assistance program
562 provides diagnostic and treatment services, these services shall
563 in all cases be provided by service providers as defined in s.
564 397.311 pursuant to s. 397.311(43).
565 Section 16. This act shall take effect July 1, 2019.