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