Florida Senate - 2022 CS for SB 282 By the Committee on Appropriations; and Senators Rouson, Jones, Book, and Rodrigues 576-02398-22 2022282c1 1 A bill to be entitled 2 An act relating to mental health and substance use 3 disorders; amending s. 394.4573, F.S.; providing that 4 the use of peer specialists is an essential element of 5 a coordinated system of care in recovery from a 6 substance use disorder or mental illness; making a 7 technical change; amending s. 397.4073, F.S.; revising 8 background screening requirements for certain peer 9 specialists; revising authorizations relating to work 10 by applicants who have committed disqualifying 11 offenses; making a technical change; amending s. 12 397.417, F.S.; providing legislative findings and 13 intent; revising requirements for certification as a 14 peer specialist; providing qualifications for becoming 15 a peer specialist; requiring the Department of 16 Children and Families to designate a managing entity 17 with an existing certified recovery peer specialist 18 training program to provide training for peer 19 specialists and to give preference to trainers who are 20 certified peer specialists; requiring the training 21 program to coincide with a competency exam and be 22 based on current practice standards; requiring the 23 department to approve one or more third-party 24 credentialing entities for certain purposes; requiring 25 third-party credentialing entities to meet certain 26 requirements for approval; prohibiting third-party 27 credentialing entities from conducting background 28 screenings for peer specialists; requiring that a 29 person providing recovery support services be 30 certified or be supervised by a licensed behavioral 31 health care professional or a certain certified peer 32 specialist; requiring peer specialists and certain 33 persons to meet the requirements of a background 34 screening as a condition of employment and continued 35 employment; requiring certain entities to forward 36 fingerprints to specified entities; requiring the 37 department to screen results to determine if the peer 38 specialist meets the certification requirements; 39 requiring that fees for state and federal fingerprint 40 processing be borne by the peer specialist applying 41 for employment; requiring that any arrest record 42 identified through background screening be reported to 43 the department; authorizing the department or the 44 Agency for Health Care Administration to contract with 45 certain vendors for fingerprinting; specifying 46 requirements for vendors; specifying disqualifying 47 offenses for a peer specialist who applies for 48 certification; authorizing a person who does not meet 49 background screening requirements to request an 50 exemption from disqualification from the department or 51 the agency; providing that a peer specialist certified 52 as of the effective date of the act is deemed to 53 satisfy the requirements of the act; providing an 54 effective date. 55 56 Be It Enacted by the Legislature of the State of Florida: 57 58 Section 1.Paragraph (l) of subsection (2) and subsection 59 (3) of section 394.4573, Florida Statutes, are amended to read: 60 394.4573Coordinated system of care; annual assessment; 61 essential elements; measures of performance; system improvement 62 grants; reports.On or before December 1 of each year, the 63 department shall submit to the Governor, the President of the 64 Senate, and the Speaker of the House of Representatives an 65 assessment of the behavioral health services in this state. The 66 assessment shall consider, at a minimum, the extent to which 67 designated receiving systems function as no-wrong-door models, 68 the availability of treatment and recovery services that use 69 recovery-oriented and peer-involved approaches, the availability 70 of less-restrictive services, and the use of evidence-informed 71 practices. The assessment shall also consider the availability 72 of and access to coordinated specialty care programs and 73 identify any gaps in the availability of and access to such 74 programs in the state. The departments assessment shall 75 consider, at a minimum, the needs assessments conducted by the 76 managing entities pursuant to s. 394.9082(5). Beginning in 2017, 77 the department shall compile and include in the report all plans 78 submitted by managing entities pursuant to s. 394.9082(8) and 79 the departments evaluation of each plan. 80 (2)The essential elements of a coordinated system of care 81 include: 82 (l)Recovery support, including, but not limited to, the 83 use of peer specialists to assist in the individuals recovery 84 from a substance use disorder or mental illness; support for 85 competitive employment, educational attainment, independent 86 living skills development, family support and education, 87 wellness management, and self-care;, and assistance in obtaining 88 housing that meets the individuals needs. Such housing may 89 include mental health residential treatment facilities, limited 90 mental health assisted living facilities, adult family care 91 homes, and supportive housing. Housing provided using state 92 funds must provide a safe and decent environment free from abuse 93 and neglect. 94 (3)SYSTEM IMPROVEMENT GRANTS.Subject to a specific 95 appropriation by the Legislature, the department may award 96 system improvement grants to managing entities based on a 97 detailed plan to enhance services in accordance with the no 98 wrong-door model as defined in subsection (1) and to address 99 specific needs identified in the assessment prepared by the 100 department pursuant to this section. Such a grant must be 101 awarded through a performance-based contract that links payments 102 to the documented and measurable achievement of system 103 improvements. 104 Section 2.Paragraphs (a) and (g) of subsection (1) of 105 section 397.4073, Florida Statutes, are amended to read: 106 397.4073Background checks of service provider personnel. 107 (1)PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND 108 EXCEPTIONS. 109 (a)For all individuals screened on or after July 1, 2022 110 2019, background checks shall apply as follows: 111 1.All owners, directors, chief financial officers, and 112 clinical supervisors of service providers are subject to level 2 113 background screening as provided under s. 408.809 and chapter 114 435. Inmate substance abuse programs operated directly or under 115 contract with the Department of Corrections are exempt from this 116 requirement. 117 2.All service provider personnel who have direct contact 118 with children receiving services or with adults who are 119 developmentally disabled receiving services are subject to level 120 2 background screening as provided under s. 408.809 and chapter 121 435. 122 3.All peer specialists who have direct contact with 123 individuals receiving services are subject to a background 124 screening as provided in s. 397.417(4) level 2 background 125 screening as provided under s. 408.809 and chapter 435. 126 (g)If 5 years or more, or 3 years or more in the case of a 127 certified peer specialist or an individual seeking certification 128 as a peer specialist pursuant to s. 397.417, have elapsed since 129 an applicant for an exemption from disqualification has 130 completed or has been lawfully released from confinement, 131 supervision, or a nonmonetary condition imposed by a court for 132 the applicants most recent disqualifying offense, the applicant 133 may work with adults with substance use disorders, mental health 134 disorders, or co-occurring disorders under the supervision of 135 persons who meet all personnel requirements of this chapter for 136 up to 180 90 days after being notified of his or her 137 disqualification or until the department makes a final 138 determination regarding his or her request for an exemption from 139 disqualification, whichever is earlier. 140 Section 3.Section 397.417, Florida Statutes, is amended to 141 read: 142 397.417Peer specialists. 143 (1)LEGISLATIVE FINDINGS AND INTENT. 144 (a)The Legislature finds that: 145 1.The ability to provide adequate behavioral health 146 services is limited by a shortage of professionals and 147 paraprofessionals. 148 2.The state is experiencing an increase in opioid 149 addictions, many of which prove fatal. 150 3.Peer specialists provide effective support services 151 because they share common life experiences with the persons they 152 assist. 153 4.Peer specialists promote a sense of community among 154 those in recovery. 155 5.Research has shown that peer support facilitates 156 recovery and reduces health care costs. 157 6.Persons who are otherwise qualified to serve as peer 158 specialists may have a criminal history that prevents them from 159 meeting background screening requirements. 160 (b)The Legislature intends to expand the use of peer 161 specialists as a cost-effective means of providing services. The 162 Legislature also intends to ensure that peer specialists meet 163 specified qualifications and modified background screening 164 requirements and are adequately reimbursed for their services. 165 (2)QUALIFICATIONS.A person may seek certification as a 166 peer specialist if he or she has been in recovery from a 167 substance use disorder or mental illness for the past 2 years or 168 if he or she is a family member or caregiver of a person with a 169 substance use disorder or mental illness. 170 (3)DUTIES OF THE DEPARTMENT. 171 (a)The department shall designate a managing entity with 172 an existing certified recovery peer specialist training program 173 to provide training for persons seeking certification as peer 174 specialists. The managing entity must give preference to 175 trainers who are certified peer specialists. The training 176 program must coincide with a competency exam and be based on 177 current practice standards. 178 (b)The department shall approve one or more third-party 179 credentialing entities for the purposes of certifying peer 180 specialists, approving training programs for individuals seeking 181 certification as peer specialists, approving continuing 182 education programs, and establishing the minimum requirements 183 and standards that applicants must achieve to maintain 184 certification. To obtain approval, the third-party credentialing 185 entity must demonstrate compliance with nationally recognized 186 standards for developing and administering professional 187 certification programs to certify peer specialists. 188 (c)The department must ensure that background screening 189 required for achieving certification is conducted as provided in 190 subsection (4). Such background screening may not be conducted 191 by third-party credentialing entities. 192 (d)The department shall require that a peer specialist 193 providing recovery support services be certified; however, an 194 individual who is not certified may provide recovery support 195 services as a peer specialist for up to 1 year if he or she is 196 working toward certification and is supervised by a qualified 197 professional or by a certified peer specialist who has at least 198 2 years of full-time experience as a peer specialist at a 199 licensed behavioral health organization. 200 (4)BACKGROUND SCREENING. 201 (a)A peer specialist, or an individual who is working 202 toward certification and providing recovery support services as 203 provided in subsection (3), must have completed or have been 204 lawfully released from confinement, supervision, or any 205 nonmonetary condition imposed by the court for any felony and 206 must undergo a background screening as a condition of initial 207 and continued employment. The applicant must submit a full set 208 of fingerprints to the department or to a vendor, an entity, or 209 an agency that enters into an agreement with the Department of 210 Law Enforcement as provided in s. 943.053(13). The department, 211 vendor, entity, or agency shall forward the fingerprints to the 212 Department of Law Enforcement for state processing and the 213 Department of Law Enforcement shall forward the fingerprints to 214 the Federal Bureau of Investigation for national processing. The 215 department shall screen the results to determine if a peer 216 specialist meets certification requirements. The applicant is 217 responsible for all fees charged in connection with state and 218 federal fingerprint processing and retention. The state cost for 219 fingerprint processing shall be as provided in s. 943.053(3)(e) 220 for records provided to persons or entities other than those 221 specified as exceptions therein. Fingerprints submitted to the 222 Department of Law Enforcement pursuant to this paragraph shall 223 be retained as provided in s. 435.12 and, when the Department of 224 Law Enforcement begins participation in the program, enrolled in 225 the Federal Bureau of Investigations national retained 226 fingerprint arrest notification program, as provided in s. 227 943.05(4). Any arrest record identified must be reported to the 228 department. 229 (b)The department or the Agency for Health Care 230 Administration, as applicable, may contract with one or more 231 vendors to perform all or part of the electronic fingerprinting 232 pursuant to this section. Such contracts must ensure that the 233 owners and personnel of the vendor performing the electronic 234 fingerprinting are qualified and will ensure the integrity and 235 security of all personal identifying information. 236 (c)Vendors who submit fingerprints on behalf of employers 237 must: 238 1.Meet the requirements of s. 943.053; and 239 2.Have the ability to communicate electronically with the 240 state agency accepting screening results from the Department of 241 Law Enforcement and provide the applicants full first name, 242 middle initial, and last name; social security number or 243 individual taxpayer identification number; date of birth; 244 mailing address; sex; and race. 245 (d)The background screening conducted under this 246 subsection must ensure that a peer specialist has not, during 247 the previous 3 years, been arrested for and is awaiting final 248 disposition of, been found guilty of, regardless of 249 adjudication, or entered a plea of nolo contendere or guilty to, 250 or been adjudicated delinquent and the record has not been 251 sealed or expunged for, any felony. 252 (e)The background screening conducted under this 253 subsection must ensure that a peer specialist has not been 254 arrested for and is awaiting final disposition of, found guilty 255 of, regardless of adjudication, or entered a plea of nolo 256 contendere or guilty to, or been adjudicated delinquent and the 257 record has not been sealed or expunged for, any offense 258 prohibited under any of the following state laws or similar laws 259 of another jurisdiction: 260 1.Section 393.135, relating to sexual misconduct with 261 certain developmentally disabled clients and reporting of such 262 sexual misconduct. 263 2.Section 394.4593, relating to sexual misconduct with 264 certain mental health patients and reporting of such sexual 265 misconduct. 266 3.Section 409.920, relating to Medicaid provider fraud, if 267 the offense was a felony of the first or second degree. 268 4.Section 415.111, relating to abuse, neglect, or 269 exploitation of vulnerable adults. 270 5.Any offense that constitutes domestic violence as 271 defined in s. 741.28. 272 6.Section 777.04, relating to attempts, solicitation, and 273 conspiracy to commit an offense listed in this paragraph. 274 7.Section 782.04, relating to murder. 275 8.Section 782.07, relating to manslaughter, aggravated 276 manslaughter of an elderly person or a disabled adult, 277 aggravated manslaughter of a child, or aggravated manslaughter 278 of an officer, a firefighter, an emergency medical technician, 279 or a paramedic. 280 9.Section 782.071, relating to vehicular homicide. 281 10.Section 782.09, relating to killing an unborn child by 282 injury to the mother. 283 11.Chapter 784, relating to assault, battery, and culpable 284 negligence, if the offense was a felony. 285 12.Section 787.01, relating to kidnapping. 286 13.Section 787.02, relating to false imprisonment. 287 14.Section 787.025, relating to luring or enticing a 288 child. 289 15.Section 787.04(2), relating to leading, taking, 290 enticing, or removing a minor beyond state limits, or concealing 291 the location of a minor, with criminal intent pending custody 292 proceedings. 293 16.Section 787.04(3), relating to leading, taking, 294 enticing, or removing a minor beyond state limits, or concealing 295 the location of a minor, with criminal intent pending dependency 296 proceedings or proceedings concerning alleged abuse or neglect 297 of a minor. 298 17.Section 790.115(1), relating to exhibiting firearms or 299 weapons within 1,000 feet of a school. 300 18.Section 790.115(2)(b), relating to possessing an 301 electric weapon or device, a destructive device, or any other 302 weapon on school property. 303 19.Section 794.011, relating to sexual battery. 304 20.Former s. 794.041, relating to prohibited acts of 305 persons in familial or custodial authority. 306 21.Section 794.05, relating to unlawful sexual activity 307 with certain minors. 308 22.Section 794.08, relating to female genital mutilation. 309 23.Section 796.07, relating to procuring another to commit 310 prostitution, except for those offenses expunged pursuant to s. 311 943.0583. 312 24.Section 798.02, relating to lewd and lascivious 313 behavior. 314 25.Chapter 800, relating to lewdness and indecent 315 exposure. 316 26.Section 806.01, relating to arson. 317 27.Section 810.02, relating to burglary, if the offense 318 was a felony of the first degree. 319 28.Section 810.14, relating to voyeurism, if the offense 320 was a felony. 321 29.Section 810.145, relating to video voyeurism, if the 322 offense was a felony. 323 30.Section 812.13, relating to robbery. 324 31.Section 812.131, relating to robbery by sudden 325 snatching. 326 32.Section 812.133, relating to carjacking. 327 33.Section 812.135, relating to home-invasion robbery. 328 34.Section 817.034, relating to communications fraud, if 329 the offense was a felony of the first degree. 330 35.Section 817.234, relating to false and fraudulent 331 insurance claims, if the offense was a felony of the first or 332 second degree. 333 36.Section 817.50, relating to fraudulently obtaining 334 goods or services from a health care provider and false reports 335 of a communicable disease. 336 37.Section 817.505, relating to patient brokering. 337 38.Section 817.568, relating to fraudulent use of personal 338 identification, if the offense was a felony of the first or 339 second degree. 340 39.Section 825.102, relating to abuse, aggravated abuse, 341 or neglect of an elderly person or a disabled adult. 342 40.Section 825.1025, relating to lewd or lascivious 343 offenses committed upon or in the presence of an elderly person 344 or a disabled person. 345 41.Section 825.103, relating to exploitation of an elderly 346 person or a disabled adult, if the offense was a felony. 347 42.Section 826.04, relating to incest. 348 43.Section 827.03, relating to child abuse, aggravated 349 child abuse, or neglect of a child. 350 44.Section 827.04, relating to contributing to the 351 delinquency or dependency of a child. 352 45.Former s. 827.05, relating to negligent treatment of 353 children. 354 46.Section 827.071, relating to sexual performance by a 355 child. 356 47.Section 831.30, relating to fraud in obtaining 357 medicinal drugs. 358 48.Section 831.31, relating to the sale, manufacture, 359 delivery, or possession with intent to sell, manufacture, or 360 deliver of any counterfeit controlled substance, if the offense 361 was a felony. 362 49.Section 843.01, relating to resisting arrest with 363 violence. 364 50.Section 843.025, relating to depriving a law 365 enforcement, correctional, or correctional probation officer of 366 the means of protection or communication. 367 51.Section 843.12, relating to aiding in an escape. 368 52.Section 843.13, relating to aiding in the escape of 369 juvenile inmates of correctional institutions. 370 53.Chapter 847, relating to obscenity. 371 54.Section 874.05, relating to encouraging or recruiting 372 another to join a criminal gang. 373 55.Chapter 893, relating to drug abuse prevention and 374 control, if the offense was a felony of the second degree or 375 greater severity. 376 56.Section 895.03, relating to racketeering and collection 377 of unlawful debts. 378 57.Section 896.101, relating to the Florida Money 379 Laundering Act. 380 58.Section 916.1075, relating to sexual misconduct with 381 certain forensic clients and reporting of such sexual 382 misconduct. 383 59.Section 944.35(3), relating to inflicting cruel or 384 inhuman treatment on an inmate resulting in great bodily harm. 385 60.Section 944.40, relating to escape. 386 61.Section 944.46, relating to harboring, concealing, or 387 aiding an escaped prisoner. 388 62.Section 944.47, relating to introduction of contraband 389 into a correctional institution. 390 63.Section 985.701, relating to sexual misconduct in 391 juvenile justice programs. 392 64.Section 985.711, relating to introduction of contraband 393 into a detention facility. 394 (5)EXEMPTION REQUESTS.A person who wishes to become a 395 peer specialist and is disqualified under subsection (4) may 396 request an exemption from disqualification pursuant to s. 435.07 397 from the department or the Agency for Health Care 398 Administration, as applicable. 399 (6)GRANDFATHER CLAUSE.A peer specialist certified as of 400 July 1, 2022, is deemed to satisfy the requirements of this 401 section; however, such peer specialists must comply with the 402 minimum standards and requirements needed to maintain 403 certification established pursuant to subsection (3). 404 (1)An individual may seek certification as a peer 405 specialist if he or she has been in recovery from a substance 406 use disorder or mental illness for at least 2 years, or if he or 407 she has at least 2 years of experience as a family member or 408 caregiver of a person with a substance use disorder or mental 409 illness. 410 (2)The department shall approve one or more third-party 411 credentialing entities for the purposes of certifying peer 412 specialists, approving training programs for individuals seeking 413 certification as peer specialists, approving continuing 414 education programs, and establishing the minimum requirements 415 and standards that applicants must achieve to maintain 416 certification. To obtain approval, the third-party credentialing 417 entity must demonstrate compliance with nationally recognized 418 standards for developing and administering professional 419 certification programs to certify peer specialists. 420 (3)An individual providing department-funded recovery 421 support services as a peer specialist shall be certified 422 pursuant to subsection (2). An individual who is not certified 423 may provide recovery support services as a peer specialist for 424 up to 1 year if he or she is working toward certification and is 425 supervised by a qualified professional or by a certified peer 426 specialist who has at least 3 years of full-time experience as a 427 peer specialist at a licensed behavioral health organization. 428 Section 4.This act shall take effect July 1, 2022.