Florida 2023 Regular Session

Florida House Bill H1055 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 third -party credentialing entities; 2
16	16	amending s. 402.40, F.S.; providing for a review and 3
17	17	appeal process for decisions made by third -party 4
18	18	credentialing entities; amending s. 415.101, F.S.; 5
19	19	revising legislative intent; providing an effective 6
20	20	date. 7
21	21	8
22	22	Be It Enacted by the Legislature of the State of Florida: 9
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24	24	Section 1. Subsection (3) of section 402.40, Florida 11
25	25	Statutes, is amended to read: 12
26	26	402.40 Child welfare training and certification. — 13
27	27	(3) THIRD-PARTY CREDENTIALING ENTITIES. —The department 14
28	28	shall approve one or more third -party credentialing entities for 15
29	29	the purpose of developing and administering child welfare 16
30	30	certification programs for persons who provide child welfare 17
31	31	services. A third-party credentialing entity must shall request 18
32	32	such approval in writing from the department. In order to obtain 19
33	33	approval, the third-party credentialing entity must: 20
34	34	(a) Establish professional re quirements and standards that 21
35	35	applicants must achieve in order to obtain a child welfare 22
36	36	certification and to maintain such certification. 23
37	37	(b) Develop and apply core competencies and examination 24
38	38	instruments according to nationally recognized certificatio n and 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	psychometric standards. 26
52	52	(c) Maintain a professional code of ethics and a 27
53	53	disciplinary process that apply to all persons holding child 28
54	54	welfare certification. 29
55	55	(d) Maintain a database, accessible to the public, of all 30
56	56	persons holding child welfare c ertification, including any 31
57	57	history of ethical violations. 32
58	58	(e) Require annual continuing education for persons 33
59	59	holding child welfare certification. 34
60	60	(f) Administer a continuing education provider program to 35
61	61	ensure that only qualified providers offer con tinuing education 36
62	62	opportunities for certificateholders. 37
63	63	(g) Review the findings and all relevant records involving 38
64	64	the death of a child or other critical incident following 39
65	65	completion of any reviews by the department, the inspector 40
66	66	general, or the Office of the Attorney General. Such review may 41
67	67	occur only upon the filing of a complaint from an outside party 42
68	68	involving certified personnel. This review shall assess the 43
69	69	certified personnel's compliance with the third -party 44
70	70	credentialing entity's published cod e of ethical and 45
71	71	professional conduct and disciplinary procedures. 46
72	72	(h) Maintain an advisory committee, including 47
73	73	representatives from each region of the department, each 48
74	74	sheriff's office providing child protective services, and each 49
75	75	community-based care lead agency, who shall be appointed by the 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	organization they represent. The third -party credentialing 51
89	89	entity may appoint additional members to the advisory committee. 52
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91	91	Any decision by a third -party credentialing entity to deny, 54
92	92	revoke, or suspend a certification, or otherwise impose 55
93	93	sanctions on a person who is certified, is reviewable by the 56
94	94	department. Upon receiving an adverse determination, the 57
95	95	aggrieved person may request an administrative hearing pursuant 58
96	96	to ss. 120.569 and 120.57(1) within 30 days after completing any 59
97	97	appeals process offered by the third -party credentialing entity 60
98	98	or the department, as applicable. 61
99	99	Section 2. Subsection (2) of section 415.101, Florida 62
100	100	Statutes, is amended to read: 63
101	101	415.101 Adult Protective Services Act; leg islative 64
102	102	intent.— 65
103	103	(2) The Legislature recognizes that there are many persons 66
104	104	in this state who, because of age or disability, are in need of 67
105	105	protective services. These Such services should allow such 68
106	106	person an individual the same rights as other citizens and, at 69
107	107	the same time, protect the person individual from abuse, 70
108	108	neglect, and exploitation. It is the intent of the Legislature 71
109	109	to provide for the detection and correction of abuse, neglect, 72
110	110	and exploitation through social services and criminal 73
111	111	investigations and to establish a program staffed by persons who 74
112	112	are certified by a third -party credentialing entity approved by 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	the department to provide of protective services for all 76
126	126	vulnerable adults in need of them. It is also the intent of the 77
127	127	Legislature intended that the mandatory reporting of such cases 78
128	128	will cause the protective services of the state to be brought to 79
129	129	bear in an effort to prevent further abuse, neglect, and 80
130	130	exploitation of vulnerable adults. In taking this action, the 81
131	131	Legislature also intends to place the fewest possible 82
132	132	restrictions on personal liberty and the exercise of 83
133	133	constitutional rights, consistent with due process and 84
134	134	protection from abuse, neglect, and exploitation. Further, the 85
135	135	Legislature intends to encourage the constructive invol vement of 86
136	136	families in the care and protection of vulnerable adults. 87
137	137	Section 3. This act shall take effect upon becoming a law. 88