Bill Text: FL S0450 | 2018 | Regular Session | Engrossed


Bill Title: Mental Health and Substance Use Disorders

Spectrum: Bipartisan Bill

Status: (Failed) 2018-03-10 - Died in Messages [S0450 Detail]

Download: Florida-2018-S0450-Engrossed.html
       CS for SB 450                              First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2018450e1
       
    1                        A bill to be entitled                      
    2         An act relating to mental health and substance use
    3         disorders; amending s. 394.455, F.S.; defining the
    4         term “peer specialist”; amending s. 394.4572, F.S.;
    5         requiring a specific level of screening for peer
    6         specialists working in mental health programs and
    7         facilities; amending s. 394.4573, F.S.; specifying
    8         that the use of peer specialists for recovery support
    9         is an essential element of a coordinated system of
   10         behavioral health care; amending s. 397.311, F.S.;
   11         defining the term “peer specialist”; amending s.
   12         397.4073, F.S.; conforming provisions to changes made
   13         by the act; creating s. 397.417, F.S.; providing
   14         legislative findings and intent; authorizing a person
   15         to seek certification as a peer specialist if he or
   16         she meets specified qualifications; requiring a
   17         background screening, completion of a training
   18         program, and a passing score on a competency exam for
   19         a qualified person to obtain certification as a peer
   20         specialist; requiring the Department of Children and
   21         Families to develop a training program for peer
   22         specialists and give preference to trainers who are
   23         certified peer specialists; requiring the training
   24         program to coincide with a competency exam and be
   25         based on current practice standards; requiring the
   26         department to certify peer specialists directly or by
   27         designating a nonprofit certification organization;
   28         requiring that a person providing peer specialist
   29         services be certified or supervised by a licensed
   30         behavioral health care professional or a certified
   31         peer specialist; authorizing the department, a
   32         behavioral health managing entity, or the Medicaid
   33         program to reimburse a peer specialist service as a
   34         recovery service; encouraging Medicaid managed care
   35         plans to use peer specialists in providing recovery
   36         services; requiring peer specialists to meet the
   37         requirements of a background screening as a condition
   38         of employment and continued employment; authorizing
   39         the department or the Agency for Health Care
   40         Administration to require by rule that fingerprints be
   41         submitted electronically to the Department of Law
   42         Enforcement; authorizing the department or the agency
   43         to contract with certain vendors for fingerprinting;
   44         specifying requirements for vendors; specifying
   45         offenses to be considered in the background screening
   46         of a peer specialist; authorizing a person who does
   47         not meet background screening requirements to request
   48         an exemption from disqualification from the department
   49         or the agency; providing that all peer specialists
   50         certified as of the effective date of this act are
   51         recognized as having met the requirements of this act;
   52         amending ss. 212.055, 394.495, 394.496, 394.9085,
   53         397.416, 409.972, 440.102, and 744.2007, F.S.;
   54         conforming cross-references; making technical changes;
   55         providing an effective date.
   56          
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Present subsections (32) through (48) of section
   60  394.455, Florida Statutes, are redesignated as subsections (33)
   61  through (49), respectively, and a new subsection (32) is added
   62  to that section, to read:
   63         394.455 Definitions.—As used in this part, the term:
   64         (32) “Peer specialist” means a person who has been in
   65  recovery from a substance use disorder or mental illness for the
   66  past 2 years or a family member or caregiver of a person with a
   67  substance use disorder or mental illness and who is certified
   68  under s. 397.417.
   69         Section 2. Paragraph (a) of subsection (1) of section
   70  394.4572, Florida Statutes, is amended to read:
   71         394.4572 Screening of mental health personnel.—
   72         (1)(a) The department and the Agency for Health Care
   73  Administration shall require level 2 background screening
   74  pursuant to chapter 435 for mental health personnel. “Mental
   75  health personnel” includes all program directors, professional
   76  clinicians, staff members, and volunteers working in public or
   77  private mental health programs and facilities who have direct
   78  contact with individuals held for examination or admitted for
   79  mental health treatment. For purposes of this chapter,
   80  employment screening of mental health personnel also includes,
   81  but is not limited to, employment screening as provided under
   82  chapter 435 and s. 408.809. The department and the Agency for
   83  Health Care Administration shall require a level 2 background
   84  screening pursuant to s. 397.417(5) for persons working as peer
   85  specialists in public or private mental health programs or
   86  facilities who have direct contact with individuals held for
   87  involuntary examination or admitted for mental health treatment.
   88         Section 3. Paragraph (l) of subsection (2) of section
   89  394.4573, Florida Statutes, is amended to read:
   90         394.4573 Coordinated system of care; annual assessment;
   91  essential elements; measures of performance; system improvement
   92  grants; reports.—On or before December 1 of each year, the
   93  department shall submit to the Governor, the President of the
   94  Senate, and the Speaker of the House of Representatives an
   95  assessment of the behavioral health services in this state. The
   96  assessment shall consider, at a minimum, the extent to which
   97  designated receiving systems function as no-wrong-door models,
   98  the availability of treatment and recovery services that use
   99  recovery-oriented and peer-involved approaches, the availability
  100  of less-restrictive services, and the use of evidence-informed
  101  practices. The department’s assessment shall consider, at a
  102  minimum, the needs assessments conducted by the managing
  103  entities pursuant to s. 394.9082(5). Beginning in 2017, the
  104  department shall compile and include in the report all plans
  105  submitted by managing entities pursuant to s. 394.9082(8) and
  106  the department’s evaluation of each plan.
  107         (2) The essential elements of a coordinated system of care
  108  include:
  109         (l) Recovery support, including, but not limited to, the
  110  use of peer specialists as described in s. 397.417 to assist in
  111  the individual’s recovery from a substance use disorder or
  112  mental illness, support for competitive employment, educational
  113  attainment, independent living skills development, family
  114  support and education, wellness management and self-care, and
  115  assistance in obtaining housing that meets the individual’s
  116  needs. Such housing may include mental health residential
  117  treatment facilities, limited mental health assisted living
  118  facilities, adult family care homes, and supportive housing.
  119  Housing provided using state funds must provide a safe and
  120  decent environment free from abuse and neglect.
  121         Section 4. Present subsections (30) through (49) of section
  122  397.311, Florida Statutes, are redesignated as subsections (31)
  123  through (50), respectively, and a new subsection (30) is added
  124  to that section, to read:
  125         397.311 Definitions.—As used in this chapter, except part
  126  VIII, the term:
  127         (30) Peer specialist” means a person who has been in
  128  recovery from a substance use disorder or mental illness for the
  129  past 2 years or a family member or caregiver of a person with a
  130  substance use disorder or mental illness and who is certified
  131  under s. 397.417.
  132         Section 5. Paragraph (f) of subsection (1) and paragraphs
  133  (b) and (c) of subsection (4) of section 397.4073, Florida
  134  Statutes, are amended to read:
  135         397.4073 Background checks of service provider personnel.—
  136         (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
  137  EXCEPTIONS.—
  138         (f) Service provider personnel who request an exemption
  139  from disqualification must submit the request within 30 days
  140  after being notified of the disqualification. If 5 years or more
  141  have elapsed since the most recent disqualifying offense,
  142  service provider personnel may work with adults with mental
  143  health or substance use disorders or co-occurring disorders
  144  under the supervision of a qualified professional licensed under
  145  chapter 490 or chapter 491 or a master’s-level-certified
  146  addictions professional until the agency makes a final
  147  determination regarding the request for an exemption from
  148  disqualification.
  149         (4) EXEMPTIONS FROM DISQUALIFICATION.—
  150         (b) Since rehabilitated substance abuse impaired persons
  151  are effective in the successful treatment and rehabilitation of
  152  individuals with substance use disorders, for service providers
  153  which treat adolescents 13 years of age and older, service
  154  provider personnel whose background checks indicate crimes under
  155  s. 817.563, s. 893.13, or s. 893.147 may be exempted from
  156  disqualification from employment pursuant to this paragraph.
  157         (c) The department may grant exemptions from
  158  disqualification which would limit service provider personnel to
  159  working with adults in substance use disorder abuse treatment
  160  facilities.
  161         Section 6. Section 397.417, Florida Statutes, is created to
  162  read:
  163         397.417 Behavioral health peer specialists.—
  164         (1) LEGISLATIVE FINDINGS AND INTENT.—
  165         (a) The Legislature finds that:
  166         1. The ability to provide adequate behavioral health
  167  services is limited by a shortage of professionals and
  168  paraprofessionals.
  169         2. The state is experiencing an increase in opioid
  170  addictions, which prove fatal to persons in many cases.
  171         3. Peer specialists provide effective support services
  172  because they share common life experiences with the persons they
  173  assist.
  174         4. Peer specialists promote a sense of community among
  175  those in recovery.
  176         5. Research has shown that peer support facilitates
  177  recovery and reduces health care costs.
  178         6. Peer specialists may have a criminal history that
  179  prevents them from meeting background screening requirements.
  180         (b) The Legislature intends to expand the use of peer
  181  specialists as a cost-effective means of providing services by
  182  ensuring that peer specialists meet specified qualifications,
  183  meet modified background screening requirements, and are
  184  adequately reimbursed for their services.
  185         (2) QUALIFICATIONS.—
  186         (a) A person may seek certification as a peer specialist if
  187  he or she has been in recovery from a substance use disorder or
  188  mental illness for the past 2 years or if he or she is a family
  189  member or caregiver of a person with a substance use disorder or
  190  mental illness.
  191         (b) To obtain certification as a peer specialist, a person
  192  must meet the background screening requirements of subsection
  193  (5), complete the training program, and achieve a passing score
  194  on the competency exam described in paragraph (3)(a).
  195         (3) DUTIES OF THE DEPARTMENT.—
  196         (a) The department must develop a training program for
  197  persons seeking certification as peer specialists. The
  198  department must give preference to trainers who are certified
  199  peer specialists. The training program must coincide with a
  200  competency exam and be based on current practice standards.
  201         (b) The department shall certify peer specialists. The
  202  department may certify peer specialists directly or may
  203  designate a private, nonprofit certification organization to
  204  certify peer specialists, implement the training program, and
  205  administer the competency exam.
  206         (c) The department must require that a person providing
  207  peer specialist services be certified or be supervised by a
  208  licensed behavioral health care professional or a certified peer
  209  specialist.
  210         (4) PAYMENT.—Peer specialist services may be reimbursed as
  211  a recovery service through the department, a behavioral health
  212  managing entity, or the Medicaid program. Medicaid managed care
  213  plans are encouraged to use peer specialists in providing
  214  recovery services.
  215         (5) BACKGROUND SCREENING.—
  216         (a) All peer specialists must have completed or been
  217  lawfully released from confinement, supervision, or any
  218  nonmonetary condition imposed by the court for any felony and
  219  must undergo a background screening as a condition of employment
  220  and continued employment. The background screening must include
  221  fingerprinting for statewide criminal history records checks
  222  through the Department of Law Enforcement and national criminal
  223  history records checks through the Federal Bureau of
  224  Investigation. The background screening may include local
  225  criminal records checks through local law enforcement agencies.
  226         (b) The department or the Agency for Health Care
  227  Administration, as applicable, may require by rule that
  228  fingerprints submitted pursuant to this section be submitted
  229  electronically to the Department of Law Enforcement.
  230         (c) The department or the Agency for Health Care
  231  Administration, as applicable, may contract with one or more
  232  vendors to perform all or part of the electronic fingerprinting
  233  pursuant to this section. Such contracts must ensure that the
  234  owners and personnel of the vendor performing the electronic
  235  fingerprinting are qualified and will ensure the integrity and
  236  security of all personal identifying information.
  237         (d) Vendors who submit fingerprints on behalf of employers
  238  must:
  239         1. Meet the requirements of s. 943.053; and
  240         2. Have the ability to communicate electronically with the
  241  department or the Agency for Health Care Administration, as
  242  applicable, accept screening results from the Department of Law
  243  Enforcement and provide the applicant’s full first name, middle
  244  initial, and last name; social security number or individual
  245  taxpayer identification number; date of birth; mailing address;
  246  sex; and race.
  247         (e) The background screening under this section must ensure
  248  that a peer specialist has not, during the previous 3 years,
  249  been arrested for and is awaiting final disposition of, been
  250  found guilty of, regardless of adjudication, or entered a plea
  251  of nolo contendere or guilty to, or been adjudicated delinquent
  252  and the record has not been sealed or expunged for, any felony.
  253         (f) The background screening under this section must ensure
  254  that a peer specialist has not been found guilty of, regardless
  255  of adjudication, or entered a plea of nolo contendere or guilty
  256  to, or been adjudicated delinquent and the record has not been
  257  sealed or expunged for, any offense prohibited under any of the
  258  following state laws or similar laws of another jurisdiction:
  259         1. Section 393.135, relating to sexual misconduct with
  260  certain developmentally disabled clients and reporting of such
  261  sexual misconduct.
  262         2. Section 394.4593, relating to sexual misconduct with
  263  certain mental health patients and reporting of such sexual
  264  misconduct.
  265         3. Section 409.9201, relating to Medicaid fraud.
  266         4. Section 415.111, relating to adult abuse, neglect, or
  267  exploitation of aged persons or disabled adults.
  268         5.Section 741.28, relating to domestic violence.
  269         6. Section 777.04, relating to attempts, solicitation, and
  270  conspiracy to commit an offense listed in this section.
  271         7. Section 782.04, relating to murder.
  272         8. Section 782.07, relating to manslaughter, aggravated
  273  manslaughter of an elderly person or disabled adult, aggravated
  274  manslaughter of a child, or aggravated manslaughter of an
  275  officer, a firefighter, an emergency medical technician, or a
  276  paramedic.
  277         9. Section 782.071, relating to vehicular homicide.
  278         10. Section 782.09, relating to killing of an unborn child
  279  by injury to the mother.
  280         11. Chapter 784, relating to assault, battery, and culpable
  281  negligence, if the offense was a felony.
  282         12. Section 787.01, relating to kidnapping.
  283         13. Section 787.02, relating to false imprisonment.
  284         14. Section 787.025, relating to luring or enticing a
  285  child.
  286         15. Section 787.04(2), relating to leading, taking,
  287  enticing, or removing a minor beyond the state limits, or
  288  concealing the location of a minor, with criminal intent pending
  289  custody proceedings.
  290         16. Section 787.04(3), relating to leading, taking,
  291  enticing, or removing a minor beyond the state limits, or
  292  concealing the location of a minor, with criminal intent pending
  293  dependency proceedings or proceedings concerning alleged abuse
  294  or neglect of a minor.
  295         17. Section 790.115(1), relating to exhibiting firearms or
  296  weapons within 1,000 feet of a school.
  297         18. Section 790.115(2)(b), relating to possessing an
  298  electric weapon or device, destructive device, or other weapon
  299  on school property.
  300         19. Section 794.011, relating to sexual battery.
  301         20.Former s. 794.041, relating to prohibited acts of
  302  persons in familial or custodial authority.
  303         21. Section 794.05, relating to unlawful sexual activity
  304  with certain minors.
  305         22. Section 794.08, relating to female genital mutilation.
  306         23. Section 798.02, relating to lewd and lascivious
  307  behavior.
  308         24. Chapter 800, relating to lewdness and indecent
  309  exposure.
  310         25. Section 806.01, relating to arson.
  311         26. Section 810.02, relating to burglary, if the offense
  312  was a felony of the first degree.
  313         27. Section 810.14, relating to voyeurism, if the offense
  314  was a felony.
  315         28. Section 810.145, relating to video voyeurism, if the
  316  offense was a felony.
  317         29. Section 812.13, relating to robbery.
  318         30. Section 812.131, relating to robbery by sudden
  319  snatching.
  320         31. Section 812.133, relating to carjacking.
  321         32. Section 812.135, relating to home-invasion robbery.
  322         33.Section 817.50, relating to fraudulently obtaining
  323  goods or services from a health care provider and false reports
  324  of a communicable disease.
  325         34. Section 817.505, relating to patient brokering.
  326         35. Section 825.102, relating to abuse, aggravated abuse,
  327  or neglect of an elderly person or disabled adult.
  328         36. Section 825.1025, relating to lewd or lascivious
  329  offenses committed upon or in the presence of an elderly person
  330  or disabled person.
  331         37. Section 825.103, relating to exploitation of an elderly
  332  person or disabled adult, if the offense was a felony.
  333         38. Section 826.04, relating to incest.
  334         39. Section 827.03, relating to child abuse, aggravated
  335  child abuse, or neglect of a child.
  336         40. Section 827.04, relating to contributing to the
  337  delinquency or dependency of a child.
  338         41. Former s. 827.05, relating to negligent treatment of
  339  children.
  340         42. Section 827.071, relating to sexual performance by a
  341  child.
  342         43.Section 831.30, relating to fraud in obtaining
  343  medicinal drugs.
  344         44. Section 831.31, relating to sale, manufacture,
  345  delivery, possession with intent to sell, manufacture, or
  346  deliver any counterfeit controlled substance if the offense was
  347  a felony.
  348         45. Section 843.01, relating to resisting arrest with
  349  violence.
  350         46. Section 843.025, relating to depriving a law
  351  enforcement, correctional, or correctional probation officer
  352  means of protection or communication.
  353         47. Section 843.12, relating to aiding in an escape.
  354         48. Section 843.13, relating to aiding in the escape of
  355  juvenile inmates of correctional institutions.
  356         49. Chapter 847, relating to obscene literature.
  357         50. Section 874.05, relating to encouraging or recruiting
  358  another to join a criminal gang.
  359         51. Chapter 893, relating to drug abuse prevention and
  360  control, if the offense was a felony of the second degree or
  361  greater severity.
  362         52.Section 895.03, relating to racketeering and collection
  363  of unlawful debts.
  364         53. Section 896.101, relating to the Florida Money
  365  Laundering Act.
  366         54. Section 916.1075, relating to sexual misconduct with
  367  certain forensic clients and reporting of such sexual
  368  misconduct.
  369         55. Section 944.35(3), relating to inflicting cruel or
  370  inhuman treatment on an inmate resulting in great bodily harm.
  371         56. Section 944.40, relating to escape.
  372         57. Section 944.46, relating to harboring, concealing, or
  373  aiding an escaped prisoner.
  374         58. Section 944.47, relating to introduction of contraband
  375  into a correctional facility.
  376         59. Section 985.701, relating to sexual misconduct in
  377  juvenile justice programs.
  378         60. Section 985.711, relating to contraband introduced into
  379  detention facilities.
  380         (6) EXEMPTION REQUESTS.—Persons who wish to become a peer
  381  specialist and are disqualified under subsection (5) may request
  382  an exemption from disqualification pursuant to s. 435.07 from
  383  the department or the Agency for Health Care Administration, as
  384  applicable.
  385         (7) GRANDFATHER CLAUSE.—All peer specialists certified as
  386  of the effective date of this act are recognized as having met
  387  the requirements of this act.
  388         Section 7. Paragraph (e) of subsection (5) of section
  389  212.055, Florida Statutes, is amended to read:
  390         212.055 Discretionary sales surtaxes; legislative intent;
  391  authorization and use of proceeds.—It is the legislative intent
  392  that any authorization for imposition of a discretionary sales
  393  surtax shall be published in the Florida Statutes as a
  394  subsection of this section, irrespective of the duration of the
  395  levy. Each enactment shall specify the types of counties
  396  authorized to levy; the rate or rates which may be imposed; the
  397  maximum length of time the surtax may be imposed, if any; the
  398  procedure which must be followed to secure voter approval, if
  399  required; the purpose for which the proceeds may be expended;
  400  and such other requirements as the Legislature may provide.
  401  Taxable transactions and administrative procedures shall be as
  402  provided in s. 212.054.
  403         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  404  s. 125.011(1) may levy the surtax authorized in this subsection
  405  pursuant to an ordinance either approved by extraordinary vote
  406  of the county commission or conditioned to take effect only upon
  407  approval by a majority vote of the electors of the county voting
  408  in a referendum. In a county as defined in s. 125.011(1), for
  409  the purposes of this subsection, “county public general
  410  hospital” means a general hospital as defined in s. 395.002
  411  which is owned, operated, maintained, or governed by the county
  412  or its agency, authority, or public health trust.
  413         (e) A governing board, agency, or authority shall be
  414  chartered by the county commission upon this act becoming law.
  415  The governing board, agency, or authority shall adopt and
  416  implement a health care plan for indigent health care services.
  417  The governing board, agency, or authority shall consist of no
  418  more than seven and no fewer than five members appointed by the
  419  county commission. The members of the governing board, agency,
  420  or authority shall be at least 18 years of age and residents of
  421  the county. A No member may not be employed by or affiliated
  422  with a health care provider or the public health trust, agency,
  423  or authority responsible for the county public general hospital.
  424  The following community organizations shall each appoint a
  425  representative to a nominating committee: the South Florida
  426  Hospital and Healthcare Association, the Miami-Dade County
  427  Public Health Trust, the Dade County Medical Association, the
  428  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  429  County. This committee shall nominate between 10 and 14 county
  430  citizens for the governing board, agency, or authority. The
  431  slate shall be presented to the county commission and the county
  432  commission shall confirm the top five to seven nominees,
  433  depending on the size of the governing board. Until such time as
  434  the governing board, agency, or authority is created, the funds
  435  provided for in subparagraph (d)2. shall be placed in a
  436  restricted account set aside from other county funds and not
  437  disbursed by the county for any other purpose.
  438         1. The plan shall divide the county into a minimum of four
  439  and maximum of six service areas, with no more than one
  440  participant hospital per service area. The county public general
  441  hospital shall be designated as the provider for one of the
  442  service areas. Services shall be provided through participants’
  443  primary acute care facilities.
  444         2. The plan and subsequent amendments to it shall fund a
  445  defined range of health care services for both indigent persons
  446  and the medically poor, including primary care, preventive care,
  447  hospital emergency room care, and hospital care necessary to
  448  stabilize the patient. For the purposes of this section,
  449  “stabilization” means stabilization as defined in s. 397.311 s.
  450  397.311(45). Where consistent with these objectives, the plan
  451  may include services rendered by physicians, clinics, community
  452  hospitals, and alternative delivery sites, as well as at least
  453  one regional referral hospital per service area. The plan shall
  454  provide that agreements negotiated between the governing board,
  455  agency, or authority and providers shall recognize hospitals
  456  that render a disproportionate share of indigent care, provide
  457  other incentives to promote the delivery of charity care to draw
  458  down federal funds where appropriate, and require cost
  459  containment, including, but not limited to, case management.
  460  From the funds specified in subparagraphs (d)1. and 2. for
  461  indigent health care services, service providers shall receive
  462  reimbursement at a Medicaid rate to be determined by the
  463  governing board, agency, or authority created pursuant to this
  464  paragraph for the initial emergency room visit, and a per-member
  465  per-month fee or capitation for those members enrolled in their
  466  service area, as compensation for the services rendered
  467  following the initial emergency visit. Except for provisions of
  468  emergency services, upon determination of eligibility,
  469  enrollment shall be deemed to have occurred at the time services
  470  were rendered. The provisions for specific reimbursement of
  471  emergency services shall be repealed on July 1, 2001, unless
  472  otherwise reenacted by the Legislature. The capitation amount or
  473  rate shall be determined before program implementation by an
  474  independent actuarial consultant. In no event shall such
  475  reimbursement rates exceed the Medicaid rate. The plan must also
  476  provide that any hospitals owned and operated by government
  477  entities on or after the effective date of this act must, as a
  478  condition of receiving funds under this subsection, afford
  479  public access equal to that provided under s. 286.011 as to any
  480  meeting of the governing board, agency, or authority the subject
  481  of which is budgeting resources for the retention of charity
  482  care, as that term is defined in the rules of the Agency for
  483  Health Care Administration. The plan shall also include
  484  innovative health care programs that provide cost-effective
  485  alternatives to traditional methods of service and delivery
  486  funding.
  487         3. The plan’s benefits shall be made available to all
  488  county residents currently eligible to receive health care
  489  services as indigents or medically poor as defined in paragraph
  490  (4)(d).
  491         4. Eligible residents who participate in the health care
  492  plan shall receive coverage for a period of 12 months or the
  493  period extending from the time of enrollment to the end of the
  494  current fiscal year, per enrollment period, whichever is less.
  495         5. At the end of each fiscal year, the governing board,
  496  agency, or authority shall prepare an audit that reviews the
  497  budget of the plan, delivery of services, and quality of
  498  services, and makes recommendations to increase the plan’s
  499  efficiency. The audit shall take into account participant
  500  hospital satisfaction with the plan and assess the amount of
  501  poststabilization patient transfers requested, and accepted or
  502  denied, by the county public general hospital.
  503         Section 8. Subsection (3) of section 394.495, Florida
  504  Statutes, is amended to read:
  505         394.495 Child and adolescent mental health system of care;
  506  programs and services.—
  507         (3) Assessments must be performed by:
  508         (a) A professional as defined in s. 394.455(5), (7), (33)
  509  (32), (36) (35), or (37) (36);
  510         (b) A professional licensed under chapter 491; or
  511         (c) A person who is under the direct supervision of a
  512  qualified professional as defined in s. 394.455(5), (7), (33)
  513  (32), (36) (35), or (37) (36) or a professional licensed under
  514  chapter 491.
  515         Section 9. Subsection (5) of section 394.496, Florida
  516  Statutes, is amended to read:
  517         394.496 Service planning.—
  518         (5) A professional as defined in s. 394.455(5), (7), (33)
  519  (32), (36) (35), or (37) (36) or a professional licensed under
  520  chapter 491 must be included among those persons developing the
  521  services plan.
  522         Section 10. 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 term terms
  526  “detoxification services,has the same meaning as
  527  detoxification in s. 397.311(26)(a), “addictions receiving
  528  facility,has the same meaning as provided in s.
  529  397.311(26)(a), and “receiving facility” has have the same
  530  meaning meanings as those provided in s. 394.455 ss.
  531  397.311(26)(a)4., 397.311(26)(a)1., and 394.455(39),
  532  respectively.
  533         Section 11. Section 397.416, Florida Statutes, is amended
  534  to read:
  535         397.416 Substance use disorder abuse treatment services;
  536  qualified professional.—Notwithstanding any other provision of
  537  law, a person who was certified through a certification process
  538  recognized by the former Department of Health and Rehabilitative
  539  Services before January 1, 1995, may perform the duties of a
  540  qualified professional with respect to substance use abuse
  541  treatment services as defined in this chapter, and need not meet
  542  the certification requirements contained in s. 397.311(35) s.
  543  397.311(34).
  544         Section 12. Paragraph (b) of subsection (1) of section
  545  409.972, Florida Statutes, is amended to read:
  546         409.972 Mandatory and voluntary enrollment.—
  547         (1) The following Medicaid-eligible persons are exempt from
  548  mandatory managed care enrollment required by s. 409.965, and
  549  may voluntarily choose to participate in the managed medical
  550  assistance program:
  551         (b) Medicaid recipients residing in residential commitment
  552  facilities operated through the Department of Juvenile Justice
  553  or in a treatment facility as defined in s. 394.455 s.
  554  394.455(47).
  555         Section 13. Paragraphs (d) and (g) of subsection (1) of
  556  section 440.102, Florida Statutes, are amended to read:
  557         440.102 Drug-free workplace program requirements.—The
  558  following provisions apply to a drug-free workplace program
  559  implemented pursuant to law or to rules adopted by the Agency
  560  for Health Care Administration:
  561         (1) DEFINITIONS.—Except where the context otherwise
  562  requires, as used in this act:
  563         (d) “Drug rehabilitation program” means a service provider
  564  as defined in s. 397.311 which, established pursuant to s.
  565  397.311(43), that provides confidential, timely, and expert
  566  identification, assessment, and resolution of employee drug
  567  abuse.
  568         (g) “Employee assistance program” means an established
  569  program capable of providing expert assessment of employee
  570  personal concerns; confidential and timely identification
  571  services with regard to employee drug abuse; referrals of
  572  employees for appropriate diagnosis, treatment, and assistance;
  573  and followup services for employees who participate in the
  574  program or require monitoring after returning to work. If, in
  575  addition to the above activities, an employee assistance program
  576  provides diagnostic and treatment services, these services shall
  577  in all cases be provided by service providers as defined in s.
  578  397.311 pursuant to s. 397.311(43).
  579         Section 14. Subsection (7) of section 744.2007, Florida
  580  Statutes, is amended to read:
  581         744.2007 Powers and duties.—
  582         (7) A public guardian may not commit a ward to a treatment
  583  facility, as defined in s. 394.455 s. 394.455(47), without an
  584  involuntary placement proceeding as provided by law.
  585         Section 15. This act shall take effect July 1, 2018.

feedback