Florida 2023 Regular Session

Florida House Bill H0079 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to telehealth practice standards; 2
16	16	amending s. 456.47, F.S.; revising the definition of 3
17	17	the term "telehealth"; reenacting ss. 394.455(47) and 4
18	18	1011.62(13)(b), F.S., relating to definitions and 5
19	19	funds for operation of schools, to incorporate the 6
20	20	amendment made to s. 456.47, F.S., in references 7
21	21	thereto; providing an effective date. 8
22	22	9
23	23	Be It Enacted by the Legislature of the State of Florida: 10
24	24	11
25	25	Section 1. Paragraph (a) of subsection (1) of section 12
26	26	456.47, Florida Statutes, is amended to read: 13
27	27	456.47 Use of telehealth to provide services. — 14
28	28	(1) DEFINITIONS.—As used in this section, the term: 15
29	29	(a) "Telehealth" means the use of synchronous or 16
30	30	asynchronous telecommunications technology by a telehealth 17
31	31	provider to provide health care services, including, but not 18
32	32	limited to, assessment, diagnosis, consultation, treatment, and 19
33	33	monitoring of a patient; transfer of medical data; patient and 20
34	34	professional health-related education; public health services; 21
35	35	and health administration. The term does not include audio-only 22
36	36	telephone calls, e-mail messages, or facsimile transmissions. 23
37	37	Section 2. For the purpose of incorporating the amendment 24
38	38	made by this act to section 456.47, Florida Statutes, in a 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	reference thereto, subsection (47) of section 394.455, Florida 26
52	52	Statutes, is reenacted to read: 27
53	53	394.455 Definitions. —As used in this part, the term: 28
54	54	(47) "Telehealth" has the same meaning as provided in s. 29
55	55	456.47. 30
56	56	Section 3. For the purpose of incorporating the amendment 31
57	57	made by this act to section 456.47, Florida Statutes, in a 32
58	58	reference thereto, paragraph (b) of subsection (13) of section 33
59	59	1011.62, Florida Statutes, is reenacted to read: 34
60	60	1011.62 Funds for operation of schools. —If the annual 35
61	61	allocation from the Florida Education Finance Program to each 36
62	62	district for operation of schools is not determined in the 37
63	63	annual appropriations act or the substantive bill implementing 38
64	64	the annual appropriations act, it s hall be determined as 39
65	65	follows: 40
66	66	(13) MENTAL HEALTH ASSISTANCE ALLOCATION. —The mental 41
67	67	health assistance allocation is created to provide funding to 42
68	68	assist school districts in establishing or expanding school -43
69	69	based mental health care; train educators and ot her school staff 44
70	70	in detecting and responding to mental health issues; and connect 45
71	71	children, youth, and families who may experience behavioral 46
72	72	health issues with appropriate services. These funds shall be 47
73	73	allocated annually in the General Appropriations Act or other 48
74	74	law to each eligible school district. Each school district shall 49
75	75	receive a minimum of $100,000, with the remaining balance 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	allocated based on each school district's proportionate share of 51
89	89	the state's total unweighted full -time equivalent student 52
90	90	enrollment. Charter schools that submit a plan separate from the 53
91	91	school district are entitled to a proportionate share of 54
92	92	district funding. The allocated funds may not supplant funds 55
93	93	that are provided for this purpose from other operating funds 56
94	94	and may not be used to increase salaries or provide bonuses. 57
95	95	School districts are encouraged to maximize third -party health 58
96	96	insurance benefits and Medicaid claiming for services, where 59
97	97	appropriate. 60
98	98	(b) The plans required under paragraph (a) must be focused 61
99	99	on a multitiered system of supports to deliver evidence -based 62
100	100	mental health care assessment, diagnosis, intervention, 63
101	101	treatment, and recovery services to students with one or more 64
102	102	mental health or co-occurring substance abuse diagnoses and to 65
103	103	students at high risk of such diagnoses. The provision of these 66
104	104	services must be coordinated with a student's primary mental 67
105	105	health care provider and with other mental health providers 68
106	106	involved in the student's care. At a minimum, the plans must 69
107	107	include the following elements: 70
108	108	1. Direct employment of school -based mental health 71
109	109	services providers to expand and enhance school -based student 72
110	110	services and to reduce the ratio of students to staff in order 73
111	111	to better align with nationally recommended ratio models. These 74
112	112	providers include, but are not limited to, certified school 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	counselors, school psychologists, school social workers, and 76
126	126	other licensed mental health professionals. The plan also must 77
127	127	identify strategies to increase the amount of time that school -78
128	128	based student services personnel spend providing direct services 79
129	129	to students, which may include the review and revision of 80
130	130	district staffing resource allocations based on school or 81
131	131	student mental health assistance needs. 82
132	132	2. Contracts or interagency agreements with one or more 83
133	133	local community behavioral health providers or providers of 84
134	134	Community Action Team services to provide a behavioral health 85
135	135	staff presence and services at district schools. Services may 86
136	136	include, but are not limited to, mental health screenings and 87
137	137	assessments, individual counseling, family counseling, group 88
138	138	counseling, psychiatric or psychological services, trauma -89
139	139	informed care, mobile crisis services, and behavior 90
140	140	modification. These behavioral health services may be provided 91
141	141	on or off the school campus and may be supplemented by 92
142	142	telehealth. 93
143	143	3. Policies and procedures, including contracts with 94
144	144	service providers, which will ensure that: 95
145	145	a. Students referred to a school -based or community-based 96
146	146	mental health service provider for mental health screening for 97
147	147	the identification of mental health concerns and students at 98
148	148	risk for mental health disorders are assessed within 15 days of 99
149	149	referral. School-based mental health services must be initiated 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	within 15 days after identification and assessment, and support 101
163	163	by community-based mental health service providers for students 102
164	164	who are referred for community -based mental health services must 103
165	165	be initiated within 30 days after the school or district makes a 104
166	166	referral. 105
167	167	b. Parents of a student receiving services under thi s 106
168	168	subsection are provided information about other behavioral 107
169	169	health services available through the student's school or local 108
170	170	community-based behavioral health services providers. A school 109
171	171	may meet this requirement by providing information about and 110
172	172	Internet addresses for web-based directories or guides for local 111
173	173	behavioral health services. 112
174	174	c. Individuals living in a household with a student 113
175	175	receiving services under this subsection are provided 114
176	176	information about behavioral health services available through 115
177	177	other delivery systems or payors for which such individuals may 116
178	178	qualify, if such services appear to be needed or enhancements in 117
179	179	those individuals' behavioral health would contribute to the 118
180	180	improved well-being of the student. 119
181	181	4. Strategies or programs t o reduce the likelihood of at -120
182	182	risk students developing social, emotional, or behavioral health 121
183	183	problems, depression, anxiety disorders, suicidal tendencies, or 122
184	184	substance use disorders. 123
185	185	5. Strategies to improve the early identification of 124
186	186	social, emotional, or behavioral problems or substance use 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	disorders, to improve the provision of early intervention 126
200	200	services, and to assist students in dealing with trauma and 127
201	201	violence. 128
202	202	6. Procedures to assist a mental health services provider 129
203	203	or a behavioral health pr ovider as described in subparagraph 1. 130
204	204	or subparagraph 2., respectively, or a school resource officer 131
205	205	or school safety officer who has completed mental health crisis 132
206	206	intervention training in attempting to verbally de -escalate a 133
207	207	student's crisis situation b efore initiating an involuntary 134
208	208	examination pursuant to s. 394.463. Such procedures must include 135
209	209	strategies to de-escalate a crisis situation for a student with 136
210	210	a developmental disability as that term is defined in s. 137
211	211	393.063. 138
212	212	7. Policies of the school d istrict which must require that 139
213	213	in a student crisis situation, school or law enforcement 140
214	214	personnel must make a reasonable attempt to contact a mental 141
215	215	health professional who may initiate an involuntary examination 142
216	216	pursuant to s. 394.463, unless the child p oses an imminent 143
217	217	danger to themselves or others, before initiating an involuntary 144
218	218	examination pursuant to s. 394.463. Such contact may be in 145
219	219	person or using telehealth as defined in s. 456.47. The mental 146
220	220	health professional may be available to the school d istrict 147
221	221	either by contracts or interagency agreements with the managing 148
222	222	entity, one or more local community behavioral health providers, 149
223	223	or the local mobile response team or be a direct or contracted 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	school district employee. 151
237	237	Section 4. This act shall take effect July 1, 2023. 152