Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 282
       
       
       
       
       
       
                                Ì388896qÎ388896                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/27/2022           .                                
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       The Committee on Appropriations (Rouson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (l) of subsection (2) and subsection
    6  (3) of section 394.4573, Florida Statutes, are amended to read:
    7         394.4573 Coordinated system of care; annual assessment;
    8  essential elements; measures of performance; system improvement
    9  grants; reports.—On or before December 1 of each year, the
   10  department shall submit to the Governor, the President of the
   11  Senate, and the Speaker of the House of Representatives an
   12  assessment of the behavioral health services in this state. The
   13  assessment shall consider, at a minimum, the extent to which
   14  designated receiving systems function as no-wrong-door models,
   15  the availability of treatment and recovery services that use
   16  recovery-oriented and peer-involved approaches, the availability
   17  of less-restrictive services, and the use of evidence-informed
   18  practices. The assessment shall also consider the availability
   19  of and access to coordinated specialty care programs and
   20  identify any gaps in the availability of and access to such
   21  programs in the state. The department’s assessment shall
   22  consider, at a minimum, the needs assessments conducted by the
   23  managing entities pursuant to s. 394.9082(5). Beginning in 2017,
   24  the department shall compile and include in the report all plans
   25  submitted by managing entities pursuant to s. 394.9082(8) and
   26  the department’s evaluation of each plan.
   27         (2) The essential elements of a coordinated system of care
   28  include:
   29         (l) Recovery support, including, but not limited to, the
   30  use of peer specialists to assist in the individual’s recovery
   31  from a substance use disorder or mental illness; support for
   32  competitive employment, educational attainment, independent
   33  living skills development, family support and education,
   34  wellness management, and self-care;, and assistance in obtaining
   35  housing that meets the individual’s needs. Such housing may
   36  include mental health residential treatment facilities, limited
   37  mental health assisted living facilities, adult family care
   38  homes, and supportive housing. Housing provided using state
   39  funds must provide a safe and decent environment free from abuse
   40  and neglect.
   41         (3) SYSTEM IMPROVEMENT GRANTS.—Subject to a specific
   42  appropriation by the Legislature, the department may award
   43  system improvement grants to managing entities based on a
   44  detailed plan to enhance services in accordance with the no
   45  wrong-door model as defined in subsection (1) and to address
   46  specific needs identified in the assessment prepared by the
   47  department pursuant to this section. Such a grant must be
   48  awarded through a performance-based contract that links payments
   49  to the documented and measurable achievement of system
   50  improvements.
   51         Section 2. Paragraphs (a) and (g) of subsection (1) of
   52  section 397.4073, Florida Statutes, are amended to read:
   53         397.4073 Background checks of service provider personnel.—
   54         (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
   55  EXCEPTIONS.—
   56         (a) For all individuals screened on or after July 1, 2022
   57  2019, background checks shall apply as follows:
   58         1. All owners, directors, chief financial officers, and
   59  clinical supervisors of service providers are subject to level 2
   60  background screening as provided under s. 408.809 and chapter
   61  435. Inmate substance abuse programs operated directly or under
   62  contract with the Department of Corrections are exempt from this
   63  requirement.
   64         2. All service provider personnel who have direct contact
   65  with children receiving services or with adults who are
   66  developmentally disabled receiving services are subject to level
   67  2 background screening as provided under s. 408.809 and chapter
   68  435.
   69         3. All peer specialists who have direct contact with
   70  individuals receiving services are subject to a background
   71  screening as provided in s. 397.417(4) level 2 background
   72  screening as provided under s. 408.809 and chapter 435.
   73         (g) If 5 years or more, or 3 years or more in the case of a
   74  certified peer specialist or an individual seeking certification
   75  as a peer specialist pursuant to s. 397.417, have elapsed since
   76  an applicant for an exemption from disqualification has
   77  completed or has been lawfully released from confinement,
   78  supervision, or a nonmonetary condition imposed by a court for
   79  the applicant’s most recent disqualifying offense, the applicant
   80  may work with adults with substance use disorders, mental health
   81  disorders, or co-occurring disorders under the supervision of
   82  persons who meet all personnel requirements of this chapter for
   83  up to 180 90 days after being notified of his or her
   84  disqualification or until the department makes a final
   85  determination regarding his or her request for an exemption from
   86  disqualification, whichever is earlier.
   87         Section 3. Section 397.417, Florida Statutes, is amended to
   88  read:
   89         397.417 Peer specialists.—
   90         (1) LEGISLATIVE FINDINGS AND INTENT.—
   91         (a) The Legislature finds that:
   92         1. The ability to provide adequate behavioral health
   93  services is limited by a shortage of professionals and
   94  paraprofessionals.
   95         2. The state is experiencing an increase in opioid
   96  addictions, many of which prove fatal.
   97         3. Peer specialists provide effective support services
   98  because they share common life experiences with the persons they
   99  assist.
  100         4. Peer specialists promote a sense of community among
  101  those in recovery.
  102         5. Research has shown that peer support facilitates
  103  recovery and reduces health care costs.
  104         6. Persons who are otherwise qualified to serve as peer
  105  specialists may have a criminal history that prevents them from
  106  meeting background screening requirements.
  107         (b) The Legislature intends to expand the use of peer
  108  specialists as a cost-effective means of providing services. The
  109  Legislature also intends to ensure that peer specialists meet
  110  specified qualifications and modified background screening
  111  requirements and are adequately reimbursed for their services.
  112         (2) QUALIFICATIONS.—A person may seek certification as a
  113  peer specialist if he or she has been in recovery from a
  114  substance use disorder or mental illness for the past 2 years or
  115  if he or she is a family member or caregiver of a person with a
  116  substance use disorder or mental illness.
  117         (3) DUTIES OF THE DEPARTMENT.—
  118         (a) The department shall designate a managing entity with
  119  an existing certified recovery peer specialist training program
  120  to provide training for persons seeking certification as peer
  121  specialists. The managing entity must give preference to
  122  trainers who are certified peer specialists. The training
  123  program must coincide with a competency exam and be based on
  124  current practice standards.
  125         (b) The department shall approve one or more third-party
  126  credentialing entities for the purposes of certifying peer
  127  specialists, approving training programs for individuals seeking
  128  certification as peer specialists, approving continuing
  129  education programs, and establishing the minimum requirements
  130  and standards that applicants must achieve to maintain
  131  certification. To obtain approval, the third-party credentialing
  132  entity must demonstrate compliance with nationally recognized
  133  standards for developing and administering professional
  134  certification programs to certify peer specialists.
  135         (c) The department must ensure that background screening
  136  required for achieving certification be conducted as provided in
  137  subsection (4) and may not be conducted by third-party
  138  credentialing entities.
  139         (d)  The department shall require that a peer specialist
  140  providing recovery support services be certified; however, an
  141  individual who is not certified may provide recovery support
  142  services as a peer specialist for up to 1 year if he or she is
  143  working toward certification and is supervised by a qualified
  144  professional or by a certified peer specialist who has at least
  145  2 years of full-time experience as a peer specialist at a
  146  licensed behavioral health organization.
  147         (4) BACKGROUND SCREENING.—
  148         (a) A peer specialist, or an individual who is working
  149  toward certification and providing recovery support services as
  150  provided in subsection (3), must have completed or have been
  151  lawfully released from confinement, supervision, or any
  152  nonmonetary condition imposed by the court for any felony and
  153  must undergo a background screening as a condition of initial
  154  and continued employment. The applicant must submit a full set
  155  of fingerprints to the department or to a vendor, an entity, or
  156  an agency that enters into an agreement with the Department of
  157  Law Enforcement as provided in s. 943.053(13). The department,
  158  vendor, entity, or agency shall forward the fingerprints to the
  159  Department of Law Enforcement for state processing and the
  160  Department of Law Enforcement shall forward the fingerprints to
  161  the Federal Bureau of Investigation for national processing. The
  162  department shall screen the results to determine if a peer
  163  specialist meets certification requirements. The applicant is
  164  responsible for all fees charged in connection with state and
  165  federal fingerprint processing and retention. The state cost for
  166  fingerprint processing shall be as provided in s. 943.053(3)(e)
  167  for records provided to persons or entities other than those
  168  specified as exceptions therein. Fingerprints submitted to the
  169  Department of Law Enforcement pursuant to this paragraph shall
  170  be retained as provided in s. 435.12 and, when the Department of
  171  Law Enforcement begins participation in the program, enrolled in
  172  the Federal Bureau of Investigation’s national retained
  173  fingerprint arrest notification program, as provided in s.
  174  943.05(4). Any arrest record identified must be reported to the
  175  department.
  176         (b) The department or the Agency for Health Care
  177  Administration, as applicable, may contract with one or more
  178  vendors to perform all or part of the electronic fingerprinting
  179  pursuant to this section. Such contracts must ensure that the
  180  owners and personnel of the vendor performing the electronic
  181  fingerprinting are qualified and will ensure the integrity and
  182  security of all personal identifying information.
  183         (c) Vendors who submit fingerprints on behalf of employers
  184  must:
  185         1. Meet the requirements of s. 943.053; and
  186         2.Have the ability to communicate electronically with the
  187  state agency accepting screening results from the Department of
  188  Law Enforcement and provide the applicant’s full first name,
  189  middle initial, and last name; social security number or
  190  individual taxpayer identification number; date of birth;
  191  mailing address; sex; and race.
  192         (d) The background screening conducted under this
  193  subsection must ensure that a peer specialist has not, during
  194  the previous 3 years, been arrested for and is awaiting final
  195  disposition of, been found guilty of, regardless of
  196  adjudication, or entered a plea of nolo contendere or guilty to,
  197  or been adjudicated delinquent and the record has not been
  198  sealed or expunged for, any felony.
  199         (e) The background screening conducted under this
  200  subsection must ensure that a peer specialist has not been
  201  arrested for and is awaiting final disposition of, found guilty
  202  of, regardless of adjudication, or entered a plea of nolo
  203  contendere or guilty to, or been adjudicated delinquent and the
  204  record has not been sealed or expunged for, any offense
  205  prohibited under any of the following state laws or similar laws
  206  of another jurisdiction:
  207         1. Section 393.135, relating to sexual misconduct with
  208  certain developmentally disabled clients and reporting of such
  209  sexual misconduct.
  210         2. Section 394.4593, relating to sexual misconduct with
  211  certain mental health patients and reporting of such sexual
  212  misconduct.
  213         3. Section 409.920, relating to Medicaid provider fraud, if
  214  the offense was a felony of the first or second degree.
  215         4. Section 415.111, relating to abuse, neglect, or
  216  exploitation of vulnerable adults.
  217         5. Any offense that constitutes domestic violence as
  218  defined in s. 741.28.
  219         6. Section 777.04, relating to attempts, solicitation, and
  220  conspiracy to commit an offense listed in this paragraph.
  221         7. Section 782.04, relating to murder.
  222         8. Section 782.07, relating to manslaughter, aggravated
  223  manslaughter of an elderly person or a disabled adult,
  224  aggravated manslaughter of a child, or aggravated manslaughter
  225  of an officer, a firefighter, an emergency medical technician,
  226  or a paramedic.
  227         9. Section 782.071, relating to vehicular homicide.
  228         10. Section 782.09, relating to killing an unborn child by
  229  injury to the mother.
  230         11. Chapter 784, relating to assault, battery, and culpable
  231  negligence, if the offense was a felony.
  232         12. Section 787.01, relating to kidnapping.
  233         13. Section 787.02, relating to false imprisonment.
  234         14. Section 787.025, relating to luring or enticing a
  235  child.
  236         15. Section 787.04(2), relating to leading, taking,
  237  enticing, or removing a minor beyond state limits, or concealing
  238  the location of a minor, with criminal intent pending custody
  239  proceedings.
  240         16. Section 787.04(3), relating to leading, taking,
  241  enticing, or removing a minor beyond state limits, or concealing
  242  the location of a minor, with criminal intent pending dependency
  243  proceedings or proceedings concerning alleged abuse or neglect
  244  of a minor.
  245         17. Section 790.115(1), relating to exhibiting firearms or
  246  weapons within 1,000 feet of a school.
  247         18. Section 790.115(2)(b), relating to possessing an
  248  electric weapon or device, a destructive device, or any other
  249  weapon on school property.
  250         19. Section 794.011, relating to sexual battery.
  251         20. Former s. 794.041, relating to prohibited acts of
  252  persons in familial or custodial authority.
  253         21. Section 794.05, relating to unlawful sexual activity
  254  with certain minors.
  255         22. Section 794.08, relating to female genital mutilation.
  256         23.Section 796.07, relating to procuring another to commit
  257  prostitution, except for those offenses expunged pursuant to s.
  258  943.0583.
  259         24. Section 798.02, relating to lewd and lascivious
  260  behavior.
  261         25. Chapter 800, relating to lewdness and indecent
  262  exposure.
  263         26. Section 806.01, relating to arson.
  264         27. Section 810.02, relating to burglary, if the offense
  265  was a felony of the first degree.
  266         28. Section 810.14, relating to voyeurism, if the offense
  267  was a felony.
  268         29. Section 810.145, relating to video voyeurism, if the
  269  offense was a felony.
  270         30. Section 812.13, relating to robbery.
  271         31. Section 812.131, relating to robbery by sudden
  272  snatching.
  273         32. Section 812.133, relating to carjacking.
  274         33. Section 812.135, relating to home-invasion robbery.
  275         34. Section 817.034, relating to communications fraud, if
  276  the offense was a felony of the first degree.
  277         35. Section 817.234, relating to false and fraudulent
  278  insurance claims, if the offense was a felony of the first or
  279  second degree.
  280         36. Section 817.50, relating to fraudulently obtaining
  281  goods or services from a health care provider and false reports
  282  of a communicable disease.
  283         37. Section 817.505, relating to patient brokering.
  284         38. Section 817.568, relating to fraudulent use of personal
  285  identification, if the offense was a felony of the first or
  286  second degree.
  287         39. Section 825.102, relating to abuse, aggravated abuse,
  288  or neglect of an elderly person or a disabled adult.
  289         40. Section 825.1025, relating to lewd or lascivious
  290  offenses committed upon or in the presence of an elderly person
  291  or a disabled person.
  292         41. Section 825.103, relating to exploitation of an elderly
  293  person or a disabled adult, if the offense was a felony.
  294         42. Section 826.04, relating to incest.
  295         43. Section 827.03, relating to child abuse, aggravated
  296  child abuse, or neglect of a child.
  297         44. Section 827.04, relating to contributing to the
  298  delinquency or dependency of a child.
  299         45. Former s. 827.05, relating to negligent treatment of
  300  children.
  301         46. Section 827.071, relating to sexual performance by a
  302  child.
  303         47. Section 831.30, relating to fraud in obtaining
  304  medicinal drugs.
  305         48. Section 831.31, relating to the sale, manufacture,
  306  delivery, or possession with intent to sell, manufacture, or
  307  deliver of any counterfeit controlled substance, if the offense
  308  was a felony.
  309         49. Section 843.01, relating to resisting arrest with
  310  violence.
  311         50. Section 843.025, relating to depriving a law
  312  enforcement, correctional, or correctional probation officer of
  313  the means of protection or communication.
  314         51. Section 843.12, relating to aiding in an escape.
  315         52. Section 843.13, relating to aiding in the escape of
  316  juvenile inmates of correctional institutions.
  317         53. Chapter 847, relating to obscenity.
  318         54. Section 874.05, relating to encouraging or recruiting
  319  another to join a criminal gang.
  320         55. Chapter 893, relating to drug abuse prevention and
  321  control, if the offense was a felony of the second degree or
  322  greater severity.
  323         56. Section 895.03, relating to racketeering and collection
  324  of unlawful debts.
  325         57. Section 896.101, relating to the Florida Money
  326  Laundering Act.
  327         58. Section 916.1075, relating to sexual misconduct with
  328  certain forensic clients and reporting of such sexual
  329  misconduct.
  330         59. Section 944.35(3), relating to inflicting cruel or
  331  inhuman treatment on an inmate resulting in great bodily harm.
  332         60. Section 944.40, relating to escape.
  333         61. Section 944.46, relating to harboring, concealing, or
  334  aiding an escaped prisoner.
  335         62. Section 944.47, relating to introduction of contraband
  336  into a correctional institution.
  337         63. Section 985.701, relating to sexual misconduct in
  338  juvenile justice programs.
  339         64. Section 985.711, relating to introduction of contraband
  340  into a detention facility.
  341         (4) EXEMPTION REQUESTS.—A person who wishes to become a
  342  peer specialist and is disqualified under subsection (4) may
  343  request an exemption from disqualification pursuant to s. 435.07
  344  from the department or the Agency for Health Care
  345  Administration, as applicable.
  346         (5) GRANDFATHER CLAUSE.—A peer specialist certified as of
  347  July 1, 2022, is deemed to satisfy the requirements of this
  348  section, however such peer specialists must comply with the
  349  minimum standards and requirements needed to maintain
  350  certification established pursuant to subsection (3).
  351         (1) An individual may seek certification as a peer
  352  specialist if he or she has been in recovery from a substance
  353  use disorder or mental illness for at least 2 years, or if he or
  354  she has at least 2 years of experience as a family member or
  355  caregiver of a person with a substance use disorder or mental
  356  illness.
  357         (2) The department shall approve one or more third-party
  358  credentialing entities for the purposes of certifying peer
  359  specialists, approving training programs for individuals seeking
  360  certification as peer specialists, approving continuing
  361  education programs, and establishing the minimum requirements
  362  and standards that applicants must achieve to maintain
  363  certification. To obtain approval, the third-party credentialing
  364  entity must demonstrate compliance with nationally recognized
  365  standards for developing and administering professional
  366  certification programs to certify peer specialists.
  367         (3) An individual providing department-funded recovery
  368  support services as a peer specialist shall be certified
  369  pursuant to subsection (2). An individual who is not certified
  370  may provide recovery support services as a peer specialist for
  371  up to 1 year if he or she is working toward certification and is
  372  supervised by a qualified professional or by a certified peer
  373  specialist who has at least 3 years of full-time experience as a
  374  peer specialist at a licensed behavioral health organization.
  375         Section 4. This act shall take effect July 1, 2022.
  376  ================= T I T L E  A M E N D M E N T ================
  377  And the title is amended as follows:
  378         Delete everything before the enacting clause
  379  and insert:
  380                        A bill to be entitled                      
  381         An act relating to mental health and substance use
  382         disorders; amending s. 394.4573, F.S.; providing that
  383         the use of peer specialists is an essential element of
  384         a coordinated system of care in recovery from a
  385         substance use disorder or mental illness; making a
  386         technical change; amending s. 397.4073, F.S.; revising
  387         background screening requirements for certain peer
  388         specialists; revising authorizations relating to work
  389         by applicants who have committed disqualifying
  390         offenses; making a technical change; amending s.
  391         397.417, F.S.; providing legislative findings and
  392         intent; revising requirements for certification as a
  393         peer specialist; providing qualifications for becoming
  394         a peer specialist; requiring the department to
  395         designate a managing entity with an existing certified
  396         recovery peer specialist training program to provide
  397         training for peer specialists and to give preference
  398         to trainers who are certified peer specialists;
  399         requiring the training program to coincide with a
  400         competency exam and be based on current practice
  401         standards; requiring the department to approve one or
  402         more third-party credentialing entities for certain
  403         purposes; requiring third-party credentialing entities
  404         to meet certain requirements for approval; prohibiting
  405         third-party credentialing entities from conducting
  406         background screenings for peer specialists; requiring
  407         that a person providing recovery support services be
  408         certified or be supervised by a licensed behavioral
  409         health care professional or a certain certified peer
  410         specialist; requiring peer specialists and certain
  411         persons to meet the requirements of a background
  412         screening as a condition of employment and continued
  413         employment; requiring certain entities to forward
  414         fingerprints to specified entities; requiring the
  415         department to screen results to determine if the peer
  416         specialist meets the certification requirements;
  417         requiring that fees for state and federal fingerprint
  418         processing be borne by the peer specialist applying
  419         for employment; requiring that any arrest record
  420         identified through background screening be reported to
  421         the department; authorizing the department or the
  422         Agency for Health Care Administration to contract with
  423         certain vendors for fingerprinting; specifying
  424         requirements for vendors; specifying disqualifying
  425         offenses for a peer specialist who applies for
  426         certification; authorizing a person who does not meet
  427         background screening requirements to request an
  428         exemption from disqualification from the department or
  429         the agency; providing that a peer specialist certified
  430         as of the effective date of the act is deemed to
  431         satisfy the requirements of the act; providing an
  432         effective date.