Bill Text: FL S7012 | 2020 | Regular Session | Enrolled
Bill Title: Substance Abuse and Mental Health
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2020-06-19 - Chapter No. 2020-39 [S7012 Detail]
Download: Florida-2020-S7012-Enrolled.html
ENROLLED 2020 Legislature CS for SB 7012, 1st Engrossed 20207012er 1 2 An act relating to substance abuse and mental health; 3 amending s. 14.2019, F.S.; providing additional duties 4 for the Statewide Office for Suicide Prevention; 5 establishing the First Responders Suicide Deterrence 6 Task Force adjunct to the office; specifying the 7 purpose of the task force; providing for the 8 composition and the duties of the task force; 9 requiring the task force to submit reports to the 10 Governor and the Legislature on an annual basis; 11 providing for future repeal; amending s. 14.20195, 12 F.S.; providing additional duties for the Suicide 13 Prevention Coordinating Council; revising the 14 composition of the council; amending s. 334.044, F.S.; 15 requiring the Department of Transportation to work 16 with the office in developing a plan relating to 17 evidence-based suicide deterrents in certain 18 locations; amending s. 394.455, F.S.; revising and 19 providing definitions; amending s. 394.67, F.S.; 20 defining the term “coordinated specialty care 21 program”; amending s. 394.658, F.S.; revising the 22 application criteria for the Criminal Justice, Mental 23 Health, and Substance Abuse Reinvestment Grant Program 24 to include support for coordinated specialty care 25 programs; amending s. 394.4573, F.S.; requiring the 26 Department of Children and Families to include 27 specified information regarding coordinated specialty 28 care programs in its annual assessment of behavioral 29 health services; providing that a coordinated system 30 of care includes coordinated specialty care programs; 31 amending s. 394.463, F.S.; requiring that certain 32 information be provided to the guardian or 33 representative of a minor patient released from 34 involuntary examination; amending s. 397.311, F.S.; 35 revising a definition; amending s. 397.321, F.S.; 36 removing the requirement that the department develop a 37 certification process for community substance abuse 38 prevention coalitions; amending s. 397.4012, F.S.; 39 revising entities that are exempt from certain 40 licensing requirements; amending s. 916.106, F.S.; 41 revising a definition; amending ss. 916.13 and 916.15, 42 F.S.; authorizing jails to share medical information 43 pertaining to specified defendants with the Department 44 of Children and Families; requiring the maintenance of 45 psychotropic medications to specified defendants under 46 certain circumstances; providing an exception; 47 amending ss. 39.407, 394.495, 394.496, 394.674, 48 394.74, 394.9085, 409.972, 464.012, and 744.2007, 49 F.S.; conforming cross-references; providing an 50 effective date. 51 52 Be It Enacted by the Legislature of the State of Florida: 53 54 Section 1. Paragraphs (a) and (d) of subsection (2) of 55 section 14.2019, Florida Statutes, are amended, paragraphs (e) 56 and (f) are added to that subsection, and subsection (5) is 57 added to that section, to read: 58 14.2019 Statewide Office for Suicide Prevention.— 59 (2) The statewide office shall, within available resources: 60 (a) Develop a network of community-based programs to 61 improve suicide prevention initiatives. The network shall 62 identify and work to eliminate barriers to providing suicide 63 prevention services to individuals who are at risk of suicide. 64 The network shall consist of stakeholders advocating suicide 65 prevention, including, but not limited to, not-for-profit 66 suicide prevention organizations, faith-based suicide prevention 67 organizations, law enforcement agencies, first responders to 68 emergency calls, veterans, servicemembers, suicide prevention 69 community coalitions, schools and universities, mental health 70 agencies, substance abuse treatment agencies, health care 71 providers, and school personnel. 72 (d) Coordinate education and training curricula in suicide 73 prevention efforts for law enforcement personnel, first 74 responders to emergency calls, veterans, servicemembers, health 75 care providers, school employees, and other persons who may have 76 contact with persons at risk of suicide. 77 (e) Act as a clearinghouse for information and resources 78 related to suicide prevention by: 79 1. Disseminating and sharing evidence-based best practices 80 relating to suicide prevention. 81 2. Collecting and analyzing data on trends in suicide and 82 suicide attempts annually by county, age, gender, profession, 83 and other demographics as designated by the statewide office. 84 (f) Advise the Department of Transportation on the 85 implementation of evidence-based suicide deterrents in the 86 design elements and features of infrastructure projects 87 throughout the state. 88 (5) The First Responders Suicide Deterrence Task Force, a 89 task force as defined in s. 20.03(8), is created adjunct to the 90 Statewide Office for Suicide Prevention. 91 (a) The purpose of the task force is to make 92 recommendations on how to reduce the incidence of suicide and 93 attempted suicide among employed or retired first responders in 94 the state. 95 (b) The task force is composed of a representative of the 96 statewide office and a representative of each of the following 97 first responder organizations, nominated by the organization and 98 appointed by the Secretary of Children and Families: 99 1. The Florida Professional Firefighters’ Association. 100 2. The Florida Police Benevolent Association. 101 3. The Florida State Lodge of the Fraternal Order of 102 Police. 103 4. The Florida Sheriffs Association. 104 5. The Florida Police Chiefs Association. 105 6. The Florida Fire Chiefs’ Association. 106 (c) The task force shall elect a chair from among its 107 membership. Except as otherwise provided, the task force shall 108 operate in a manner consistent with s. 20.052. 109 (d) The task force shall identify or make recommendations 110 on developing training programs and materials that would better 111 enable first responders to cope with personal life stressors and 112 stress related to their profession and foster an organizational 113 culture that: 114 1. Promotes mutual support and solidarity among active and 115 retired first responders. 116 2. Trains agency supervisors and managers to identify 117 suicidal risk among active and retired first responders. 118 3. Improves the use and awareness of existing resources 119 among active and retired first responders. 120 4. Educates active and retired first responders on suicide 121 awareness and help-seeking. 122 (e) The task force shall identify state and federal public 123 resources, funding and grants, first responder association 124 resources, and private resources to implement identified 125 training programs and materials. 126 (f) The task force shall report on its findings and 127 recommendations for training programs and materials to deter 128 suicide among active and retired first responders to the 129 Governor, the President of the Senate, and the Speaker of the 130 House of Representatives by each July 1, beginning in 2021, and 131 through 2023. 132 (g) This subsection is repealed July 1, 2023. 133 Section 2. Paragraph (c) of subsection (1) and subsection 134 (2) of section 14.20195, Florida Statutes, are amended, and 135 paragraph (d) is added to subsection (1) of that section, to 136 read: 137 14.20195 Suicide Prevention Coordinating Council; creation; 138 membership; duties.—There is created within the Statewide Office 139 for Suicide Prevention a Suicide Prevention Coordinating 140 Council. The council shall develop strategies for preventing 141 suicide. 142 (1) SCOPE OF ACTIVITY.—The Suicide Prevention Coordinating 143 Council is a coordinating council as defined in s. 20.03 and 144 shall: 145 (c) Make findings and recommendations regarding suicide 146 prevention programs and activities, including, but not limited 147 to, the implementation of evidence-based mental health awareness 148 and assistance training programs and suicide risk identification 149 training in municipalities throughout the state. The council 150 shall prepare an annual report and present it to the Governor, 151 the President of the Senate, and the Speaker of the House of 152 Representatives by January 1, each year. The annual report must 153 describe the status of existing and planned initiatives 154 identified in the statewide plan for suicide prevention and any 155 recommendations arising therefrom. 156 (d) In conjunction with the Department of Children and 157 Families, advise members of the public on the locations and 158 availability of local behavioral health providers. 159 (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council 160 shall consist of 3127voting members and one nonvoting member. 161 (a) SeventeenThirteenmembers shall be appointed by the 162 director of the Statewide Office for Suicide Prevention and 163 shall represent the following organizations: 164 1. The Florida Association of School Psychologists. 165 2. The Florida Sheriffs Association. 1663. The Suicide Prevention Action Network USA.167 3.4.The Florida Initiative of Suicide Prevention. 168 4.5.The Florida Suicide Prevention Coalition. 169 5.6.The American Foundation of Suicide Prevention. 170 6.7.The Florida School Board Association. 171 7.8.The National Council for Suicide Prevention. 172 8.9.The state chapter of AARP. 173 9.10.The Florida Behavioral Health AssociationThe Florida174Alcohol and Drug Abuse Association. 17511. The Florida Council for Community Mental Health.176 10.12.The Florida Counseling Association. 177 11.13.NAMI Florida. 178 12. The Florida Medical Association. 179 13. The Florida Osteopathic Medical Association. 180 14. The Florida Psychiatric Society. 181 15. The Florida Psychological Association. 182 16. Veterans Florida. 183 17. The Florida Association of Managing Entities. 184 (b) The following state officials or their designees shall 185 serve on the coordinating council: 186 1. The Secretary of Elderly Affairs. 187 2. The State Surgeon General. 188 3. The Commissioner of Education. 189 4. The Secretary of Health Care Administration. 190 5. The Secretary of Juvenile Justice. 191 6. The Secretary of Corrections. 192 7. The executive director of the Department of Law 193 Enforcement. 194 8. The executive director of the Department of Veterans’ 195 Affairs. 196 9. The Secretary of Children and Families. 197 10. The executive director of the Department of Economic 198 Opportunity. 199 (c) The Governor shall appoint four additional members to 200 the coordinating council. The appointees must have expertise 201 that is critical to the prevention of suicide or represent an 202 organization that is not already represented on the coordinating 203 council. 204 (d) For the members appointed by the director of the 205 Statewide Office for Suicide Prevention, seven members shall be 206 appointed to initial terms of 3 years, and seven members shall 207 be appointed to initial terms of 4 years. For the members 208 appointed by the Governor, two members shall be appointed to 209 initial terms of 4 years, and two members shall be appointed to 210 initial terms of 3 years. Thereafter, such members shall be 211 appointed to terms of 4 years. Any vacancy on the coordinating 212 council shall be filled in the same manner as the original 213 appointment, and any member who is appointed to fill a vacancy 214 occurring because of death, resignation, or ineligibility for 215 membership shall serve only for the unexpired term of the 216 member’s predecessor. A member is eligible for reappointment. 217 (e) The director of the Statewide Office for Suicide 218 Prevention isshall bea nonvoting member of the coordinating 219 council and shall act as chair. 220 (f) Members of the coordinating council shall serve without 221 compensation. Any member of the coordinating council who is a 222 public employee is entitled to reimbursement for per diem and 223 travel expenses as provided in s. 112.061. 224 Section 3. Present paragraph (c) of subsection (10) of 225 section 334.044, Florida Statutes, is redesignated as paragraph 226 (d), and a new paragraph (c) is added to that subsection, to 227 read: 228 334.044 Powers and duties of the department.—The department 229 shall have the following general powers and duties: 230 (10) 231 (c) The department shall work with the Statewide Office for 232 Suicide Prevention in developing a plan to consider the 233 implementation of evidence-based suicide deterrents on all new 234 infrastructure projects. 235 Section 4. Subsections (10) through (48) of section 236 394.455, Florida Statutes, are renumbered as subsections (11) 237 through (49), respectively, present subsection (28) of that 238 section is amended, and a new subsection (10) is added to that 239 section, to read: 240 394.455 Definitions.—As used in this part, the term: 241 (10) “Coordinated specialty care program” means an 242 evidence-based program for individuals who are experiencing the 243 early indications of serious mental illness, especially symptoms 244 of a first psychotic episode, and which includes, but is not 245 limited to, intensive case management, individual or group 246 therapy, supported employment, family education and supports, 247 and the provision of appropriate psychotropic medication as 248 needed. 249 (29)(28)“Mental illness” means an impairment of the mental 250 or emotional processes that exercise conscious control of one’s 251 actions or of the ability to perceive or understand reality, 252 which impairment substantially interferes with the person’s 253 ability to meet the ordinary demands of living. For the purposes 254 of this part, the term does not include a developmental 255 disability as defined in chapter 393, intoxication, or 256 conditions manifested only by dementia, traumatic brain injury, 257 antisocial behavior, or substance abuse. 258 Section 5. Subsections (3) through (24) of section 394.67, 259 Florida Statutes, are renumbered as subsections (4) through 260 (25), respectively, present subsection (3) of that section is 261 amended, and a new subsection (3) is added to that section, to 262 read: 263 394.67 Definitions.—As used in this part, the term: 264 (3) “Coordinated specialty care program” means an evidence 265 based program for individuals who are experiencing the early 266 indications of serious mental illness, especially symptoms of a 267 first psychotic episode, and which includes, but is not limited 268 to, intensive case management, individual or group therapy, 269 supported employment, family education and supports, and the 270 provision of appropriate psychotropic medication as needed. 271 (4)(3)“Crisis services” means short-term evaluation, 272 stabilization, and brief intervention services provided to a 273 person who is experiencing an acute mental or emotional crisis, 274 as defined in subsection (18)(17), or an acute substance abuse 275 crisis, as defined in subsection (19)(18), to prevent further 276 deterioration of the person’s mental health. Crisis services are 277 provided in settings such as a crisis stabilization unit, an 278 inpatient unit, a short-term residential treatment program, a 279 detoxification facility, or an addictions receiving facility; at 280 the site of the crisis by a mobile crisis response team; or at a 281 hospital on an outpatient basis. 282 Section 6. Paragraph (b) of subsection (1) of section 283 394.658, Florida Statutes, is amended to read: 284 394.658 Criminal Justice, Mental Health, and Substance 285 Abuse Reinvestment Grant Program requirements.— 286 (1) The Criminal Justice, Mental Health, and Substance 287 Abuse Statewide Grant Review Committee, in collaboration with 288 the Department of Children and Families, the Department of 289 Corrections, the Department of Juvenile Justice, the Department 290 of Elderly Affairs, and the Office of the State Courts 291 Administrator, shall establish criteria to be used to review 292 submitted applications and to select the county that will be 293 awarded a 1-year planning grant or a 3-year implementation or 294 expansion grant. A planning, implementation, or expansion grant 295 may not be awarded unless the application of the county meets 296 the established criteria. 297 (b) The application criteria for a 3-year implementation or 298 expansion grant shall require information from a county that 299 demonstrates its completion of a well-established collaboration 300 plan that includes public-private partnership models and the 301 application of evidence-based practices. The implementation or 302 expansion grants may support programs and diversion initiatives 303 that include, but need not be limited to: 304 1. Mental health courts.;305 2. Diversion programs.;306 3. Alternative prosecution and sentencing programs.;307 4. Crisis intervention teams.;308 5. Treatment accountability services.;309 6. Specialized training for criminal justice, juvenile 310 justice, and treatment services professionals.;311 7. Service delivery of collateral services such as housing, 312 transitional housing, and supported employment.; and313 8. Reentry services to create or expand mental health and 314 substance abuse services and supports for affected persons. 315 9. Coordinated specialty care programs. 316 Section 7. Section 394.4573, Florida Statutes, is amended 317 to read: 318 394.4573 Coordinated system of care; annual assessment; 319 essential elements; measures of performance; system improvement 320 grants; reports.—On or before December 1 of each year, the 321 department shall submit to the Governor, the President of the 322 Senate, and the Speaker of the House of Representatives an 323 assessment of the behavioral health services in this state. The 324 assessment shall consider, at a minimum, the extent to which 325 designated receiving systems function as no-wrong-door models, 326 the availability of treatment and recovery services that use 327 recovery-oriented and peer-involved approaches, the availability 328 of less-restrictive services, and the use of evidence-informed 329 practices. The assessment shall also consider the availability 330 of and access to coordinated specialty care programs and 331 identify any gaps in the availability of and access to such 332 programs in the state. The department’s assessment shall 333 consider, at a minimum, the needs assessments conducted by the 334 managing entities pursuant to s. 394.9082(5). Beginning in 2017, 335 the department shall compile and include in the report all plans 336 submitted by managing entities pursuant to s. 394.9082(8) and 337 the department’s evaluation of each plan. 338 (1) As used in this section: 339 (a) “Care coordination” means the implementation of 340 deliberate and planned organizational relationships and service 341 procedures that improve the effectiveness and efficiency of the 342 behavioral health system by engaging in purposeful interactions 343 with individuals who are not yet effectively connected with 344 services to ensure service linkage. Examples of care 345 coordination activities include development of referral 346 agreements, shared protocols, and information exchange 347 procedures. The purpose of care coordination is to enhance the 348 delivery of treatment services and recovery supports and to 349 improve outcomes among priority populations. 350 (b) “Case management” means those direct services provided 351 to a client in order to assess his or her needs, plan or arrange 352 services, coordinate service providers, link the service system 353 to a client, monitor service delivery, and evaluate patient 354 outcomes to ensure the client is receiving the appropriate 355 services. 356 (c) “Coordinated system of care” means the full array of 357 behavioral and related services in a region or community offered 358 by all service providers, whether participating under contract 359 with the managing entity or by another method of community 360 partnership or mutual agreement. 361 (d) “No-wrong-door model” means a model for the delivery of 362 acute care services to persons who have mental health or 363 substance use disorders, or both, which optimizes access to 364 care, regardless of the entry point to the behavioral health 365 care system. 366 (2) The essential elements of a coordinated system of care 367 include: 368 (a) Community interventions, such as prevention, primary 369 care for behavioral health needs, therapeutic and supportive 370 services, crisis response services, and diversion programs. 371 (b) A designated receiving system that consists of one or 372 more facilities serving a defined geographic area and 373 responsible for assessment and evaluation, both voluntary and 374 involuntary, and treatment or triage of patients who have a 375 mental health or substance use disorder, or co-occurring 376 disorders. 377 1. A county or several counties shall plan the designated 378 receiving system using a process that includes the managing 379 entity and is open to participation by individuals with 380 behavioral health needs and their families, service providers, 381 law enforcement agencies, and other parties. The county or 382 counties, in collaboration with the managing entity, shall 383 document the designated receiving system through written 384 memoranda of agreement or other binding arrangements. The county 385 or counties and the managing entity shall complete the plan and 386 implement the designated receiving system by July 1, 2017, and 387 the county or counties and the managing entity shall review and 388 update, as necessary, the designated receiving system at least 389 once every 3 years. 390 2. To the extent permitted by available resources, the 391 designated receiving system shall function as a no-wrong-door 392 model. The designated receiving system may be organized in any 393 manner which functions as a no-wrong-door model that responds to 394 individual needs and integrates services among various 395 providers. Such models include, but are not limited to: 396 a. A central receiving system that consists of a designated 397 central receiving facility that serves as a single entry point 398 for persons with mental health or substance use disorders, or 399 co-occurring disorders. The central receiving facility shall be 400 capable of assessment, evaluation, and triage or treatment or 401 stabilization of persons with mental health or substance use 402 disorders, or co-occurring disorders. 403 b. A coordinated receiving system that consists of multiple 404 entry points that are linked by shared data systems, formal 405 referral agreements, and cooperative arrangements for care 406 coordination and case management. Each entry point shall be a 407 designated receiving facility and shall, within existing 408 resources, provide or arrange for necessary services following 409 an initial assessment and evaluation. 410 c. A tiered receiving system that consists of multiple 411 entry points, some of which offer only specialized or limited 412 services. Each service provider shall be classified according to 413 its capabilities as either a designated receiving facility or 414 another type of service provider, such as a triage center, a 415 licensed detoxification facility, or an access center. All 416 participating service providers shall, within existing 417 resources, be linked by methods to share data, formal referral 418 agreements, and cooperative arrangements for care coordination 419 and case management. 420 421 An accurate inventory of the participating service providers 422 which specifies the capabilities and limitations of each 423 provider and its ability to accept patients under the designated 424 receiving system agreements and the transportation plan 425 developed pursuant to this section shall be maintained and made 426 available at all times to all first responders in the service 427 area. 428 (c) Transportation in accordance with a plan developed 429 under s. 394.462. 430 (d) Crisis services, including mobile response teams, 431 crisis stabilization units, addiction receiving facilities, and 432 detoxification facilities. 433 (e) Case management. Each case manager or person directly 434 supervising a case manager who provides Medicaid-funded targeted 435 case management services shall hold a valid certification from a 436 department-approved credentialing entity as defined in s. 437 397.311(10) by July 1, 2017, and, thereafter, within 6 months 438 after hire. 439 (f) Care coordination that involves coordination with other 440 local systems and entities, public and private, which are 441 involved with the individual, such as primary care, child 442 welfare, behavioral health care, and criminal and juvenile 443 justice organizations. 444 (g) Outpatient services. 445 (h) Residential services. 446 (i) Hospital inpatient care. 447 (j) Aftercare and other postdischarge services. 448 (k) Medication-assisted treatment and medication 449 management. 450 (l) Recovery support, including, but not limited to, 451 support for competitive employment, educational attainment, 452 independent living skills development, family support and 453 education, wellness management and self-care, and assistance in 454 obtaining housing that meets the individual’s needs. Such 455 housing may include mental health residential treatment 456 facilities, limited mental health assisted living facilities, 457 adult family care homes, and supportive housing. Housing 458 provided using state funds must provide a safe and decent 459 environment free from abuse and neglect. 460 (m) Care plans shall assign specific responsibility for 461 initial and ongoing evaluation of the supervision and support 462 needs of the individual and the identification of housing that 463 meets such needs. For purposes of this paragraph, the term 464 “supervision” means oversight of and assistance with compliance 465 with the clinical aspects of an individual’s care plan. 466 (n) Coordinated specialty care programs. 467 (3) SYSTEM IMPROVEMENT GRANTS.—Subject to a specific 468 appropriation by the Legislature, the department may award 469 system improvement grants to managing entities based on a 470 detailed plan to enhance services in accordance with the no 471 wrong-door model as defined in subsection (1) and to address 472 specific needs identified in the assessment prepared by the 473 department pursuant to this section. Such a grant must be 474 awarded through a performance-based contract that links payments 475 to the documented and measurable achievement of system 476 improvements. 477 Section 8. Subsection (3) of section 394.463, Florida 478 Statutes, is amended to read: 479 394.463 Involuntary examination.— 480 (3) NOTICE OF RELEASE.—Notice of the release shall be given 481 to the patient’s guardian or representative, to any person who 482 executed a certificate admitting the patient to the receiving 483 facility, and to any court which ordered the patient’s 484 evaluation. If the patient is a minor, information regarding the 485 availability of a local mobile response service, suicide 486 prevention resources, social supports, and local self-help 487 groups must also be provided to the patient’s guardian or 488 representative along with the notice of the release. 489 Section 9. Paragraph (a) of subsection (26) of section 490 397.311, Florida Statutes, is amended to read: 491 397.311 Definitions.—As used in this chapter, except part 492 VIII, the term: 493 (26) Licensed service components include a comprehensive 494 continuum of accessible and quality substance abuse prevention, 495 intervention, and clinical treatment services, including the 496 following services: 497 (a) “Clinical treatment” means a professionally directed, 498 deliberate, and planned regimen of services and interventions 499 that are designed to reduce or eliminate the misuse of drugs and 500 alcohol and promote a healthy, drug-free lifestyle. As defined 501 by rule, “clinical treatment services” include, but are not 502 limited to, the following licensable service components: 503 1. “Addictions receiving facility” is a secure, acute care 504 facility that provides, at a minimum, detoxification and 505 stabilization services; is operated 24 hours per day, 7 days per 506 week; and is designated by the department to serve individuals 507 found to be substance use impaired as described in s. 397.675 508 who meet the placement criteria for this component. 509 2. “Day or night treatment” is a service provided in a 510 nonresidential environment, with a structured schedule of 511 treatment and rehabilitative services. 512 3. “Day or night treatment with community housing” means a 513 program intended for individuals who can benefit from living 514 independently in peer community housing while participating in 515 treatment services for a minimum of 5 hours a day for a minimum 516 of 25 hours per week. 517 4. “Detoxification” is a service involving subacute care 518 that is provided on an inpatient or an outpatient basis to 519 assist individuals to withdraw from the physiological and 520 psychological effects of substance abuse and who meet the 521 placement criteria for this component. 522 5. “Intensive inpatient treatment” includes a planned 523 regimen of evaluation, observation, medical monitoring, and 524 clinical protocols delivered through an interdisciplinary team 525 approach provided 24 hours per day, 7 days per week, in a highly 526 structured, live-in environment. 527 6. “Intensive outpatient treatment” is a service that 528 provides individual or group counseling in a more structured 529 environment, is of higher intensity and duration than outpatient 530 treatment, and is provided to individuals who meet the placement 531 criteria for this component. 532 7. “Medication-assisted treatment for opioid use disorders 533opiate addiction” is a service that uses methadone or other 534 medication as authorized by state and federal law, in 535 combination with medical, rehabilitative, supportive, and 536 counseling services in the treatment of individuals who are 537 dependent on opioid drugs. 538 8. “Outpatient treatment” is a service that provides 539 individual, group, or family counseling by appointment during 540 scheduled operating hours for individuals who meet the placement 541 criteria for this component. 542 9. “Residential treatment” is a service provided in a 543 structured live-in environment within a nonhospital setting on a 544 24-hours-per-day, 7-days-per-week basis, and is intended for 545 individuals who meet the placement criteria for this component. 546 Section 10. Subsection (16) of section 397.321, Florida 547 Statutes, is amended to read: 548 397.321 Duties of the department.—The department shall: 549(16) Develop a certification process by rule for community550substance abuse prevention coalitions.551 Section 11. Section 397.4012, Florida Statutes, is amended 552 to read: 553 397.4012 Exemptions from licensure.—The following are 554 exempt from the licensing provisions of this chapter: 555 (1) A hospital or hospital-based component licensed under 556 chapter 395. 557 (2) A nursing home facility as defined in s. 400.021. 558 (3) A substance abuse education program established 559 pursuant to s. 1003.42. 560 (4) A facility or institution operated by the Federal 561 Government. 562 (5) A physician or physician assistant licensed under 563 chapter 458 or chapter 459. 564 (6) A psychologist licensed under chapter 490. 565 (7) A social worker, marriage and family therapist, or 566 mental health counselor licensed under chapter 491. 567 (8) A legally cognizable church or nonprofit religious 568 organization or denomination providing substance abuse services, 569 including prevention services, which are solely religious, 570 spiritual, or ecclesiastical in nature. A church or nonprofit 571 religious organization or denomination providing any of the 572 licensed service components itemized under s. 397.311(26) is not 573 exempt from substance abuse licensure but retains its exemption 574 with respect to all services which are solely religious, 575 spiritual, or ecclesiastical in nature. 576 (9) Facilities licensed under chapter 393 which, in 577 addition to providing services to persons with developmental 578 disabilities, also provide services to persons developmentally 579 at risk as a consequence of exposure to alcohol or other legal 580 or illegal drugs while in utero. 581 (10) DUI education and screening services provided pursuant 582 to ss. 316.192, 316.193, 322.095, 322.271, and 322.291. Persons 583 or entities providing treatment services must be licensed under 584 this chapter unless exempted from licensing as provided in this 585 section. 586 (11) A facility licensed under s. 394.875 as a crisis 587 stabilization unit. 588 589 The exemptions from licensure in subsections (3), (4), (8), (9), 590 and (10)this sectiondo not apply to any service provider that 591 receives an appropriation, grant, or contract from the state to 592 operate as a service provider as defined in this chapter or to 593 any substance abuse program regulated underpursuant tos. 594 397.4014. Furthermore, this chapter may not be construed to 595 limit the practice of a physician or physician assistant 596 licensed under chapter 458 or chapter 459, a psychologist 597 licensed under chapter 490, a psychotherapist licensed under 598 chapter 491, or an advanced practice registered nurse licensed 599 under part I of chapter 464, who provides substance abuse 600 treatment, so long as the physician, physician assistant, 601 psychologist, psychotherapist, or advanced practice registered 602 nurse does not represent to the public that he or she is a 603 licensed service provider and does not provide services to 604 individuals underpursuant topart V of this chapter. Failure to 605 comply with any requirement necessary to maintain an exempt 606 status under this section is a misdemeanor of the first degree, 607 punishable as provided in s. 775.082 or s. 775.083. 608 Section 12. Subsection (14) of section 916.106, Florida 609 Statutes, is amended to read: 610 916.106 Definitions.—For the purposes of this chapter, the 611 term: 612 (14) “Mental illness” means an impairment of the emotional 613 processes that exercise conscious control of one’s actions, or 614 of the ability to perceive or understand reality, which 615 impairment substantially interferes with the defendant’s ability 616 to meet the ordinary demands of living. For the purposes of this 617 chapter, the term does not apply to defendants who have only an 618 intellectual disability or autism or a defendant with traumatic 619 brain injury or dementia who lacks a co-occurring mental 620 illness, and does not include intoxication or conditions 621 manifested only by antisocial behavior or substance abuse 622 impairment. 623 Section 13. Subsection (2) of section 916.13, Florida 624 Statutes, is amended to read: 625 916.13 Involuntary commitment of defendant adjudicated 626 incompetent.— 627 (2) A defendant who has been charged with a felony and who 628 has been adjudicated incompetent to proceed due to mental 629 illness, and who meets the criteria for involuntary commitment 630 under this chapter, may be committed to the department, and the 631 department shall retain and treat the defendant. 632 (a) Immediately after receipt of a completed copy of the 633 court commitment order containing all documentation required by 634 the applicable Florida Rules of Criminal Procedure, the 635 department shall request all medical information relating to the 636 defendant from the jail. The jail shall provide the department 637 with all medical information relating to the defendant within 3 638 business days after receipt of the department’s request or at 639 the time the defendant enters the physical custody of the 640 department, whichever is earlier. 641 (b)(a)Within 6 months after the date of admission and at 642 the end of any period of extended commitment, or at any time the 643 administrator or his or her designee determines that the 644 defendant has regained competency to proceed or no longer meets 645 the criteria for continued commitment, the administrator or 646 designee shall file a report with the court pursuant to the 647 applicable Florida Rules of Criminal Procedure. 648 (c)(b)A competency hearing mustshallbe held within 30 649 days after the court receives notification that the defendant is 650 competent to proceed or no longer meets the criteria for 651 continued commitment. The defendant must be transported to the 652 committing court’s jurisdiction for the hearing. If the 653 defendant is receiving psychotropic medication at a mental 654 health facility at the time he or she is discharged and 655 transferred to the jail, the administering of such medication 656 must continue unless the jail physician documents the need to 657 change or discontinue it. The jail and department physicians 658 shall collaborate to ensure that medication changes do not 659 adversely affect the defendant’s mental health status or his or 660 her ability to continue with court proceedings; however, the 661 final authority regarding the administering of medication to an 662 inmate in jail rests with the jail physician. 663 Section 14. Subsections (3) and (5) of section 916.15, 664 Florida Statutes, are amended to read: 665 916.15 Involuntary commitment of defendant adjudicated not 666 guilty by reason of insanity.— 667 (3)(a) Every defendant acquitted of criminal charges by 668 reason of insanity and found to meet the criteria for 669 involuntary commitment may be committed and treated in 670 accordance with the provisions of this section and the 671 applicable Florida Rules of Criminal Procedure. 672 (b) Immediately after receipt of a completed copy of the 673 court commitment order containing all documentation required by 674 the applicable Florida Rules of Criminal Procedure, the 675 department shall request all medical information relating to the 676 defendant from the jail. The jail shall provide the department 677 with all medical information relating to the defendant within 3 678 business days after receipt of the department’s request or at 679 the time the defendant enters the physical custody of the 680 department, whichever is earlier. 681 (c) The department shall admit a defendant so adjudicated 682 to an appropriate facility or program for treatment and shall 683 retain and treat such defendant. No later than 6 months after 684 the date of admission, prior to the end of any period of 685 extended commitment, or at any time that the administrator or 686 his or her designee determinesshall have determinedthat the 687 defendant no longer meets the criteria for continued commitment 688 placement, the administrator or designee shall file a report 689 with the court pursuant to the applicable Florida Rules of 690 Criminal Procedure. 691 (5) The commitment hearing shall be held within 30 days 692 after the court receives notification that the defendant no 693 longer meets the criteria for continued commitment. The 694 defendant must be transported to the committing court’s 695 jurisdiction for the hearing. Each defendant returning to a jail 696 shall continue to receive the same psychotropic medications as 697 prescribed by the facility physician at the time of discharge 698 from a forensic or civil facility, unless the jail physician 699 determines there is a compelling medical reason to change or 700 discontinue the medication for the health and safety of the 701 defendant. If the jail physician changes or discontinues the 702 medication and the defendant is later determined at the 703 competency hearing to be incompetent to stand trial and is 704 recommitted to the department, the jail physician may not change 705 or discontinue the defendant’s prescribed psychotropic 706 medication upon the defendant’s next discharge from the forensic 707 or civil facility. 708 Section 15. Paragraph (a) of subsection (3) of section 709 39.407, Florida Statutes, is amended to read: 710 39.407 Medical, psychiatric, and psychological examination 711 and treatment of child; physical, mental, or substance abuse 712 examination of person with or requesting child custody.— 713 (3)(a)1. Except as otherwise provided in subparagraph (b)1. 714 or paragraph (e), before the department provides psychotropic 715 medications to a child in its custody, the prescribing physician 716 or a psychiatric nurse, as defined in s. 394.455, shall attempt 717 to obtain express and informed consent, as defined in s. 718 394.455(16)s. 394.455(15)and as described in s. 394.459(3)(a), 719 from the child’s parent or legal guardian. The department must 720 take steps necessary to facilitate the inclusion of the parent 721 in the child’s consultation with the physician or psychiatric 722 nurse, as defined in s. 394.455. However, if the parental rights 723 of the parent have been terminated, the parent’s location or 724 identity is unknown or cannot reasonably be ascertained, or the 725 parent declines to give express and informed consent, the 726 department may, after consultation with the prescribing 727 physician or psychiatric nurse, as defined in s. 394.455, seek 728 court authorization to provide the psychotropic medications to 729 the child. Unless parental rights have been terminated and if it 730 is possible to do so, the department shall continue to involve 731 the parent in the decisionmaking process regarding the provision 732 of psychotropic medications. If, at any time, a parent whose 733 parental rights have not been terminated provides express and 734 informed consent to the provision of a psychotropic medication, 735 the requirements of this section that the department seek court 736 authorization do not apply to that medication until such time as 737 the parent no longer consents. 738 2. Any time the department seeks a medical evaluation to 739 determine the need to initiate or continue a psychotropic 740 medication for a child, the department must provide to the 741 evaluating physician or psychiatric nurse, as defined in s. 742 394.455, all pertinent medical information known to the 743 department concerning that child. 744 Section 16. Subsection (3) of section 394.495, Florida 745 Statutes, is amended to read: 746 394.495 Child and adolescent mental health system of care; 747 programs and services.— 748 (3) Assessments must be performed by: 749 (a) A professional as defined in s. 394.455(5), (7), (33), 750(32), (35), or(36), or (37); 751 (b) A professional licensed under chapter 491; or 752 (c) A person who is under the direct supervision of a 753 qualified professional as defined in s. 394.455(5), (7), (33), 754(32), (35), or(36), or (37) or a professional licensed under 755 chapter 491. 756 Section 17. Subsection (5) of section 394.496, Florida 757 Statutes, is amended to read: 758 394.496 Service planning.— 759 (5) A professional as defined in s. 394.455(5), (7), (33), 760(32), (35), or(36), or (37) or a professional licensed under 761 chapter 491 must be included among those persons developing the 762 services plan. 763 Section 18. Paragraph (a) of subsection (1) of section 764 394.674, Florida Statutes, is amended to read: 765 394.674 Eligibility for publicly funded substance abuse and 766 mental health services; fee collection requirements.— 767 (1) To be eligible to receive substance abuse and mental 768 health services funded by the department, an individual must be 769 a member of at least one of the department’s priority 770 populations approved by the Legislature. The priority 771 populations include: 772 (a) For adult mental health services: 773 1. Adults who have severe and persistent mental illness, as 774 designated by the department using criteria that include 775 severity of diagnosis, duration of the mental illness, ability 776 to independently perform activities of daily living, and receipt 777 of disability income for a psychiatric condition. Included 778 within this group are: 779 a. Older adults in crisis. 780 b. Older adults who are at risk of being placed in a more 781 restrictive environment because of their mental illness. 782 c. Persons deemed incompetent to proceed or not guilty by 783 reason of insanity under chapter 916. 784 d. Other persons involved in the criminal justice system. 785 e. Persons diagnosed as having co-occurring mental illness 786 and substance abuse disorders. 787 2. Persons who are experiencing an acute mental or 788 emotional crisis as defined in s. 394.67(18)s. 394.67(17). 789 Section 19. Paragraph (a) of subsection (3) of section 790 394.74, Florida Statutes, is amended to read: 791 394.74 Contracts for provision of local substance abuse and 792 mental health programs.— 793 (3) Contracts shall include, but are not limited to: 794 (a) A provision that, within the limits of available 795 resources, substance abuse and mental health crisis services, as 796 defined in s. 394.67(4)s. 394.67(3), shall be available to any 797 individual residing or employed within the service area, 798 regardless of ability to pay for such services, current or past 799 health condition, or any other factor; 800 Section 20. Subsection (6) of section 394.9085, Florida 801 Statutes, is amended to read: 802 394.9085 Behavioral provider liability.— 803 (6) For purposes of this section, the terms “detoxification 804 services,” “addictions receiving facility,” and “receiving 805 facility” have the same meanings as those provided in ss. 806 397.311(26)(a)3.ss. 397.311(26)(a)4., 397.311(26)(a)1., and 807 394.455(40)394.455(39), respectively. 808 Section 21. Paragraph (b) of subsection (1) of section 809 409.972, Florida Statutes, is amended to read: 810 409.972 Mandatory and voluntary enrollment.— 811 (1) The following Medicaid-eligible persons are exempt from 812 mandatory managed care enrollment required by s. 409.965, and 813 may voluntarily choose to participate in the managed medical 814 assistance program: 815 (b) Medicaid recipients residing in residential commitment 816 facilities operated through the Department of Juvenile Justice 817 or a treatment facility as defined in s. 394.455(48)s.818394.455(47). 819 Section 22. Paragraph (e) of subsection (4) of section 820 464.012, Florida Statutes, is amended to read: 821 464.012 Licensure of advanced practice registered nurses; 822 fees; controlled substance prescribing.— 823 (4) In addition to the general functions specified in 824 subsection (3), an advanced practice registered nurse may 825 perform the following acts within his or her specialty: 826 (e) A psychiatric nurse, who meets the requirements in s. 827 394.455(36)s. 394.455(35), within the framework of an 828 established protocol with a psychiatrist, may prescribe 829 psychotropic controlled substances for the treatment of mental 830 disorders. 831 Section 23. Subsection (7) of section 744.2007, Florida 832 Statutes, is amended to read: 833 744.2007 Powers and duties.— 834 (7) A public guardian may not commit a ward to a treatment 835 facility, as defined in s. 394.455(48)s. 394.455(47), without 836 an involuntary placement proceeding as provided by law. 837 Section 24. This act shall take effect July 1, 2020.