Bill Text: FL S0326 | 2015 | Regular Session | Comm Sub
Bill Title: Substance Abuse Services
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-04-23 - Laid on Table, companion bill(s) passed, see CS/CS/HB 21 (Ch. 2015-100) [S0326 Detail]
Download: Florida-2015-S0326-Comm_Sub.html
Florida Senate - 2015 CS for CS for SB 326 By the Committees on Appropriations; and Children, Families, and Elder Affairs; and Senators Clemens and Sachs 576-03801-15 2015326c2 1 A bill to be entitled 2 An act relating to substance abuse services; amending 3 s. 397.311, F.S.; providing definitions; conforming a 4 cross-reference; creating s. 397.487, F.S.; providing 5 legislative findings and intent; requiring the 6 Department of Children and Families to create a 7 voluntary certification program for recovery 8 residences; directing the department to approve at 9 least one credentialing entity by a specified date to 10 develop and administer the certification program; 11 requiring an approved credentialing entity to 12 establish procedures for certifying recovery 13 residences that meet certain qualifications; requiring 14 an approved credentialing entity to establish certain 15 fees; requiring a credentialing entity to conduct 16 onsite inspections of a recovery residence; requiring 17 background screening of owners, directors, and chief 18 financial officers of a recovery residence; providing 19 for denial, suspension, or revocation of 20 certification; providing a criminal penalty for 21 falsely advertising a recovery residence as a 22 “certified recovery residence”; creating s. 397.4871, 23 F.S.; providing legislative intent; requiring the 24 department to create a voluntary certification program 25 for recovery residence administrators; directing the 26 department to approve at least one credentialing 27 entity by a specified date to develop and administer 28 the certification program; requiring an approved 29 credentialing entity to establish a process for 30 certifying recovery residence administrators who meet 31 certain qualifications; requiring an approved 32 credentialing entity to establish certain fees; 33 requiring background screening of applicants for 34 recovery residence administrator certification; 35 providing for suspension or revocation of 36 certification; providing a criminal penalty for 37 falsely advertising oneself as a “certified recovery 38 residence administrator”; prohibiting a certified 39 recovery residence administrator from managing more 40 than three recovery residences at any given time; 41 creating s. 397.4872, F.S.; providing exemptions from 42 disqualifying offenses; requiring credentialing 43 entities to provide the department with a list of all 44 certified recovery residences and recovery residence 45 administrators by a date certain; requiring the 46 department to publish the list on its website; 47 allowing recovery residences and recovery residence 48 administrators to be excluded from the list upon 49 written request to the department; amending s. 50 397.407, F.S.; providing conditions for a licensed 51 service provider to refer patients to a certified 52 recovery residence or a recovery residence owned and 53 operated by the licensed service provider; defining 54 the term “refer”; conforming cross-references; 55 amending ss. 212.055, 394.9085, 397.405, 397.416, and 56 440.102, F.S.; conforming cross-references; providing 57 an effective date. 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1. Subsections (4) and (5), subsections (6) through 62 (28), and subsections (29) through (39) of section 397.311, 63 Florida Statutes, are renumbered as subsections (7) and (8), 64 subsections (10) through (32), and subsections (35) through 65 (45), respectively, present subsections (7) and (32) of that 66 section are amended, and new subsections (4), (5), (6), (9), 67 (33), and (34) are added to that section, to read: 68 397.311 Definitions.—As used in this chapter, except part 69 VIII, the term: 70 (4) “Certificate of compliance” means a certificate that is 71 issued by a credentialing entity to a recovery residence or a 72 recovery residence administrator. 73 (5) “Certified recovery residence” means a recovery 74 residence that holds a valid certificate of compliance and is 75 actively managed by a certified recovery residence 76 administrator. 77 (6) “Certified recovery residence administrator” means a 78 recovery residence administrator who holds a valid certificate 79 of compliance. 80 (9) “Credentialing entity” means a nonprofit organization 81 that develops and administers professional, facility, or 82 organization certification programs according to applicable 83 nationally recognized certification or psychometric standards. 84 (11)(7)“Director” means the chief administrative or 85 executive officer of a service provider or recovery residence. 86 (33) “Recovery residence” means a residential dwelling 87 unit, or other form of group housing, that is offered or 88 advertised through any means, including oral, written, 89 electronic, or printed means, by any person or entity as a 90 residence that provides a peer-supported, alcohol-free, and 91 drug-free living environment. 92 (34) “Recovery residence administrator” means the person 93 responsible for overall management of the recovery residence, 94 including, but not limited to, the supervision of residents and 95 staff employed by, or volunteering for, the residence. 96 (38)(32)“Service component” or “component” means a 97 discrete operational entity within a service provider which is 98 subject to licensing as defined by rule. Service components 99 include prevention, intervention, and clinical treatment 100 described in subsection (22)(18). 101 Section 2. Section 397.487, Florida Statutes, is created to 102 read: 103 397.487 Voluntary certification of recovery residences.— 104 (1) The Legislature finds that a person suffering from 105 addiction has a higher success rate of achieving long-lasting 106 sobriety when given the opportunity to build a stronger 107 foundation by living in a recovery residence after completing 108 treatment. The Legislature further finds that this state and its 109 subdivisions have a legitimate state interest in protecting 110 these persons, who represent a vulnerable consumer population in 111 need of adequate housing. It is the intent of the Legislature to 112 protect persons who reside in a recovery residence. 113 (2) The department shall approve at least one credentialing 114 entity by December 1, 2015, for the purpose of developing and 115 administering a voluntary certification program for recovery 116 residences. The approved credentialing entity shall: 117 (a) Establish recovery residence certification 118 requirements. 119 (b) Establish procedures to: 120 1. Administer the application, certification, 121 recertification, and disciplinary processes. 122 2. Monitor and inspect a recovery residence and its staff 123 to ensure compliance with certification requirements. 124 3. Interview and evaluate residents, employees, and 125 volunteer staff on their knowledge and application of 126 certification requirements. 127 (c) Provide training for owners, managers, and staff. 128 (d) Develop a code of ethics. 129 (e) Establish application, inspection, and annual 130 certification renewal fees. The application fee may not exceed 131 $100. Any onsite inspection fee shall reflect actual costs for 132 inspections. The annual certification renewal fee may not exceed 133 $100. 134 (3) A credentialing entity shall require the recovery 135 residence to submit the following documents with the completed 136 application and fee: 137 (a) A policy and procedures manual containing: 138 1. Job descriptions for all staff positions. 139 2. Drug-testing procedures and requirements. 140 3. A prohibition on the premises against alcohol, illegal 141 drugs, and the use of prescribed medications by an individual 142 other than the individual for whom the medication is prescribed. 143 4. Policies to support a resident’s recovery efforts. 144 5. A good neighbor policy to address neighborhood concerns 145 and complaints. 146 (b) Rules for residents. 147 (c) Copies of all forms provided to residents. 148 (d) Intake procedures. 149 (e) Sexual predator and sexual offender registry compliance 150 policy. 151 (f) Relapse policy. 152 (g) Fee schedule. 153 (h) Refund policy. 154 (i) Eviction procedures and policy. 155 (j) Code of ethics. 156 (k) Proof of insurance. 157 (l) Proof of background screening. 158 (m) Proof of satisfactory fire, safety, and health 159 inspections. 160 (4) A certified recovery residence must be actively managed 161 by a certified recovery residence administrator. All 162 applications for certification must include the name of the 163 certified recovery residence administrator who will be actively 164 managing the applicant recovery residence. 165 (5) Upon receiving a complete application, a credentialing 166 entity shall conduct an onsite inspection of the recovery 167 residence. 168 (6) All owners, directors, and chief financial officers of 169 an applicant recovery residence are subject to level 2 170 background screening as provided under chapter 435. A recovery 171 residence is ineligible for certification, and a credentialing 172 entity shall deny a recovery residence’s application, if any 173 owner, director, or chief financial officer has been found 174 guilty of, or has entered a plea of guilty or nolo contendere 175 to, regardless of adjudication, any offense listed in s. 176 435.04(2) unless the department has issued an exemption under s. 177 397.4872. In accordance with s. 435.04, the department shall 178 notify the credentialing agency of an owner’s, director’s, or 179 chief financial officer’s eligibility based on the results of 180 his or her background screening. 181 (7) A credentialing entity shall issue a certificate of 182 compliance upon approval of the recovery residence’s application 183 and inspection. The certification shall automatically terminate 184 1 year after issuance if not renewed. 185 (8) Onsite followup monitoring of a certified recovery 186 residence may be conducted by the credentialing entity to 187 determine continuing compliance with certification requirements. 188 The credentialing entity shall inspect each certified recovery 189 residence at least annually to ensure compliance. 190 (a) A credentialing entity may suspend or revoke a 191 certification if the recovery residence is not in compliance 192 with any provision of this section or has failed to remedy any 193 deficiency identified by the credentialing entity within the 194 time period specified. 195 (b) A certified recovery residence must notify the 196 credentialing entity within 3 business days after the removal of 197 the recovery residence’s certified recovery residence 198 administrator due to termination, resignation, or any other 199 reason. The recovery residence has 30 days to retain a certified 200 recovery residence administrator. The credentialing entity shall 201 revoke the certificate of compliance of any recovery residence 202 that fails to comply with this paragraph. 203 (c) If any owner, director, or chief financial officer of a 204 certified recovery residence is arrested for or found guilty of, 205 or enters a plea of guilty or nolo contendere to, regardless of 206 adjudication, any offense listed in s. 435.04(2) while acting in 207 that capacity, the certified recovery residence shall 208 immediately remove the person from that position and shall 209 notify the credentialing entity within 3 business days after 210 such removal. The credentialing entity shall revoke the 211 certificate of compliance of a recovery residence that fails to 212 meet these requirements. 213 (d) A credentialing entity shall revoke a recovery 214 residence’s certificate of compliance if the recovery residence 215 provides false or misleading information to the credentialing 216 entity at any time. 217 (9) A person may not advertise to the public, in any way or 218 by any medium whatsoever, any recovery residence as a “certified 219 recovery residence” unless such recovery residence has first 220 secured a certificate of compliance under this section. A person 221 who violates this subsection commits a misdemeanor of the first 222 degree, punishable as provided in s. 775.082 or s. 775.083. 223 Section 3. Section 397.4871, Florida Statutes, is created 224 to read: 225 397.4871 Recovery residence administrator certification.— 226 (1) It is the intent of the Legislature that a recovery 227 residence administrator voluntarily earn and maintain 228 certification from a credentialing entity approved by the 229 Department of Children and Families. The Legislature further 230 intends that certification ensure that an administrator has the 231 competencies necessary to appropriately respond to the needs of 232 residents, to maintain residence standards, and to meet 233 residence certification requirements. 234 (2) The department shall approve at least one credentialing 235 entity by December 1, 2015, for the purpose of developing and 236 administering a voluntary credentialing program for 237 administrators. The department shall approve any credentialing 238 entity that the department endorses pursuant to s. 397.321(16) 239 if the credentialing entity also meets the requirements of this 240 section. The approved credentialing entity shall: 241 (a) Establish recovery residence administrator core 242 competencies, certification requirements, testing instruments, 243 and recertification requirements. 244 (b) Establish a process to administer the certification 245 application, award, and maintenance processes. 246 (c) Develop and administer: 247 1. A code of ethics and disciplinary process. 248 2. Biennial continuing education requirements and annual 249 certification renewal requirements. 250 3. An education provider program to approve training 251 entities that are qualified to provide precertification training 252 to applicants and continuing education opportunities to 253 certified persons. 254 (3) A credentialing entity shall establish a certification 255 program that: 256 (a) Is directly related to the core competencies. 257 (b) Establishes minimum requirements in each of the 258 following categories: 259 1. Training. 260 2. On-the-job work experience. 261 3. Supervision. 262 4. Testing. 263 5. Biennial continuing education. 264 (c) Requires adherence to a code of ethics and provides for 265 a disciplinary process that applies to certified persons. 266 (d) Approves qualified training entities that provide 267 precertification training to applicants and continuing education 268 to certified recovery residence administrators. To avoid a 269 conflict of interest, a credentialing entity or its affiliate 270 may not deliver training to an applicant or continuing education 271 to a certificateholder. 272 (4) A credentialing entity shall establish application, 273 examination, and certification fees and an annual certification 274 renewal fee. The application, examination, and certification fee 275 may not exceed $225. The annual certification renewal fee may 276 not exceed $100. 277 (5) All applicants are subject to level 2 background 278 screening as provided under chapter 435. An applicant is 279 ineligible, and a credentialing entity shall deny the 280 application, if the applicant has been found guilty of, or has 281 entered a plea of guilty or nolo contendere to, regardless of 282 adjudication, any offense listed in s. 435.04(2) unless the 283 department has issued an exemption under s. 397.4872. In 284 accordance with s. 435.04, the department shall notify the 285 credentialing agency of the applicant’s eligibility based on the 286 results of his or her background screening. 287 (6) The credentialing entity shall issue a certificate of 288 compliance upon approval of a person’s application. The 289 certification shall automatically terminate 1 year after 290 issuance if not renewed. 291 (a) A credentialing entity may suspend or revoke the 292 recovery residence administrator’s certificate of compliance if 293 the recovery residence administrator fails to adhere to the 294 continuing education requirements. 295 (b) If a certified recovery residence administrator of a 296 recovery residence is arrested for or found guilty of, or enters 297 a plea of guilty or nolo contendere to, regardless of 298 adjudication, any offense listed in s. 435.04(2) while acting in 299 that capacity, the recovery residence shall immediately remove 300 the person from that position and shall notify the credentialing 301 entity within 3 business days after such removal. The recovery 302 residence shall have 30 days to retain a certified recovery 303 residence administrator. The credentialing entity shall revoke 304 the certificate of compliance of any recovery residence that 305 fails to meet these requirements. 306 (c) A credentialing entity shall revoke a recovery 307 residence administrator’s certificate of compliance if the 308 recovery residence administrator provides false or misleading 309 information to the credentialing entity at any time. 310 (7) A person may not advertise himself or herself to the 311 public, in any way or by any medium whatsoever, as a “certified 312 recovery residence administrator” unless he or she has first 313 secured a certificate of compliance under this section. A person 314 who violates this subsection commits a misdemeanor of the first 315 degree, punishable as provided in s. 775.082 or s. 775.083. 316 (8) A certified recovery residence administrator may 317 actively manage no more than three recovery residences at any 318 given time. 319 Section 4. Section 397.4872, Florida Statutes, is created 320 to read: 321 397.4872 Exemption from disqualification; publication.— 322 (1) Individual exemptions to staff disqualification or 323 administrator ineligibility may be requested if a recovery 324 residence deems the decision will benefit the program. Requests 325 for exemptions must be submitted in writing to the department 326 within 20 days after the denial by the credentialing entity and 327 must include a justification for the exemption. 328 (2) The department may exempt a person from ss. 397.487(6) 329 and 397.4871(5) if it has been at least 3 years since the person 330 has completed or been lawfully released from confinement, 331 supervision, or sanction for the disqualifying offense. An 332 exemption from the disqualifying offenses may not be given under 333 any circumstances for any person who is a: 334 (a) Sexual predator pursuant to s. 775.21; 335 (b) Career offender pursuant to s. 775.261; or 336 (c) Sexual offender pursuant to s. 943.0435, unless the 337 requirement to register as a sexual offender has been removed 338 pursuant to s. 943.04354. 339 (3) By April 1, 2016, each credentialing entity shall 340 submit a list to the department of all recovery residences and 341 recovery residence administrators certified by the credentialing 342 entity that hold a valid certificate of compliance. Thereafter, 343 the credentialing entity must notify the department within 3 344 business days after a new recovery residence or recovery 345 residence administrator is certified or a recovery residence or 346 recovery residence administrator’s certificate expires or is 347 terminated. The department shall publish on its website a list 348 of all recovery residences that hold a valid certificate of 349 compliance. The department shall also publish on its website a 350 list of all recovery residence administrators who hold a valid 351 certificate of compliance. A recovery residence or recovery 352 residence administrator shall be excluded from the list upon 353 written request to the department by the listed individual or 354 entity. 355 Section 5. Subsections (1) and (5) of section 397.407, 356 Florida Statutes, are amended, and subsection (11) is added to 357 that section, to read: 358 397.407 Licensure process; fees.— 359 (1) The department shall establish by rule the licensure 360 process to include fees and categories of licenses. The rule 361 must prescribe a fee range that is based, at least in part, on 362 the number and complexity of programs listed in s. 397.311(22) 363s.397.311(18)which are operated by a licensee. The fees from 364 the licensure of service components are sufficient to cover at 365 least 50 percent of the costs of regulating the service 366 components. The department shall specify by rule a fee range for 367 public and privately funded licensed service providers. Fees for 368 privately funded licensed service providers must exceed the fees 369 for publicly funded licensed service providers. During adoption 370 of the rule governing the licensure process and fees, the 371 department shall carefully consider the potential adverse impact 372 on small, not-for-profit service providers. 373 (5) The department may issue probationary, regular, and 374 interim licenses. After adopting the rule governing the 375 licensure process and fees, the department shall issue one 376 license for each service component that is operated by a service 377 provider and defined in rule pursuant to s. 397.311(22)s.378397.311(18). The license is valid only for the specific service 379 components listed for each specific location identified on the 380 license. The licensed service provider shall apply for a new 381 license at least 60 days before the addition of any service 382 components or 30 days before the relocation of any of its 383 service sites. Provision of service components or delivery of 384 services at a location not identified on the license may be 385 considered an unlicensed operation that authorizes the 386 department to seek an injunction against operation as provided 387 in s. 397.401, in addition to other sanctions authorized by s. 388 397.415. Probationary and regular licenses may be issued only 389 after all required information has been submitted. A license may 390 not be transferred. As used in this subsection, the term 391 “transfer” includes, but is not limited to, the transfer of a 392 majority of the ownership interest in the licensed entity or 393 transfer of responsibilities under the license to another entity 394 by contractual arrangement. 395 (11) Effective July 1, 2016, a service provider licensed 396 under this part may not refer a current or discharged patient to 397 a recovery residence unless the recovery residence holds a valid 398 certificate of compliance as provided in s. 397.487 and is 399 actively managed by a certified recovery residence administrator 400 as provided in s. 397.4871 or the recovery residence is owned 401 and operated by a licensed service provider or a licensed 402 service provider’s wholly owned subsidiary. For purposes of this 403 subsection, the term “refer” means to inform a patient by any 404 means about the name, address, or other details of the recovery 405 residence. However, this subsection does not require a licensed 406 service provider to refer any patient to a recovery residence. 407 Section 6. Paragraph (e) of subsection (5) of section 408 212.055, Florida Statutes, is amended to read: 409 212.055 Discretionary sales surtaxes; legislative intent; 410 authorization and use of proceeds.—It is the legislative intent 411 that any authorization for imposition of a discretionary sales 412 surtax shall be published in the Florida Statutes as a 413 subsection of this section, irrespective of the duration of the 414 levy. Each enactment shall specify the types of counties 415 authorized to levy; the rate or rates which may be imposed; the 416 maximum length of time the surtax may be imposed, if any; the 417 procedure which must be followed to secure voter approval, if 418 required; the purpose for which the proceeds may be expended; 419 and such other requirements as the Legislature may provide. 420 Taxable transactions and administrative procedures shall be as 421 provided in s. 212.054. 422 (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in 423 s. 125.011(1) may levy the surtax authorized in this subsection 424 pursuant to an ordinance either approved by extraordinary vote 425 of the county commission or conditioned to take effect only upon 426 approval by a majority vote of the electors of the county voting 427 in a referendum. In a county as defined in s. 125.011(1), for 428 the purposes of this subsection, “county public general 429 hospital” means a general hospital as defined in s. 395.002 430 which is owned, operated, maintained, or governed by the county 431 or its agency, authority, or public health trust. 432 (e) A governing board, agency, or authority shall be 433 chartered by the county commission upon this act becoming law. 434 The governing board, agency, or authority shall adopt and 435 implement a health care plan for indigent health care services. 436 The governing board, agency, or authority shall consist of no 437 more than seven and no fewer than five members appointed by the 438 county commission. The members of the governing board, agency, 439 or authority shall be at least 18 years of age and residents of 440 the county. No member may be employed by or affiliated with a 441 health care provider or the public health trust, agency, or 442 authority responsible for the county public general hospital. 443 The following community organizations shall each appoint a 444 representative to a nominating committee: the South Florida 445 Hospital and Healthcare Association, the Miami-Dade County 446 Public Health Trust, the Dade County Medical Association, the 447 Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade 448 County. This committee shall nominate between 10 and 14 county 449 citizens for the governing board, agency, or authority. The 450 slate shall be presented to the county commission and the county 451 commission shall confirm the top five to seven nominees, 452 depending on the size of the governing board. Until such time as 453 the governing board, agency, or authority is created, the funds 454 provided for in subparagraph (d)2. shall be placed in a 455 restricted account set aside from other county funds and not 456 disbursed by the county for any other purpose. 457 1. The plan shall divide the county into a minimum of four 458 and maximum of six service areas, with no more than one 459 participant hospital per service area. The county public general 460 hospital shall be designated as the provider for one of the 461 service areas. Services shall be provided through participants’ 462 primary acute care facilities. 463 2. The plan and subsequent amendments to it shall fund a 464 defined range of health care services for both indigent persons 465 and the medically poor, including primary care, preventive care, 466 hospital emergency room care, and hospital care necessary to 467 stabilize the patient. For the purposes of this section, 468 “stabilization” means stabilization as defined in s. 397.311(41) 469397.311(35). Where consistent with these objectives, the plan 470 may include services rendered by physicians, clinics, community 471 hospitals, and alternative delivery sites, as well as at least 472 one regional referral hospital per service area. The plan shall 473 provide that agreements negotiated between the governing board, 474 agency, or authority and providers shall recognize hospitals 475 that render a disproportionate share of indigent care, provide 476 other incentives to promote the delivery of charity care to draw 477 down federal funds where appropriate, and require cost 478 containment, including, but not limited to, case management. 479 From the funds specified in subparagraphs (d)1. and 2. for 480 indigent health care services, service providers shall receive 481 reimbursement at a Medicaid rate to be determined by the 482 governing board, agency, or authority created pursuant to this 483 paragraph for the initial emergency room visit, and a per-member 484 per-month fee or capitation for those members enrolled in their 485 service area, as compensation for the services rendered 486 following the initial emergency visit. Except for provisions of 487 emergency services, upon determination of eligibility, 488 enrollment shall be deemed to have occurred at the time services 489 were rendered. The provisions for specific reimbursement of 490 emergency services shall be repealed on July 1, 2001, unless 491 otherwise reenacted by the Legislature. The capitation amount or 492 rate shall be determined prior to program implementation by an 493 independent actuarial consultant. In no event shall such 494 reimbursement rates exceed the Medicaid rate. The plan must also 495 provide that any hospitals owned and operated by government 496 entities on or after the effective date of this act must, as a 497 condition of receiving funds under this subsection, afford 498 public access equal to that provided under s. 286.011 as to any 499 meeting of the governing board, agency, or authority the subject 500 of which is budgeting resources for the retention of charity 501 care, as that term is defined in the rules of the Agency for 502 Health Care Administration. The plan shall also include 503 innovative health care programs that provide cost-effective 504 alternatives to traditional methods of service and delivery 505 funding. 506 3. The plan’s benefits shall be made available to all 507 county residents currently eligible to receive health care 508 services as indigents or medically poor as defined in paragraph 509 (4)(d). 510 4. Eligible residents who participate in the health care 511 plan shall receive coverage for a period of 12 months or the 512 period extending from the time of enrollment to the end of the 513 current fiscal year, per enrollment period, whichever is less. 514 5. At the end of each fiscal year, the governing board, 515 agency, or authority shall prepare an audit that reviews the 516 budget of the plan, delivery of services, and quality of 517 services, and makes recommendations to increase the plan’s 518 efficiency. The audit shall take into account participant 519 hospital satisfaction with the plan and assess the amount of 520 poststabilization patient transfers requested, and accepted or 521 denied, by the county public general hospital. 522 Section 7. Subsection (6) of section 394.9085, Florida 523 Statutes, is amended to read: 524 394.9085 Behavioral provider liability.— 525 (6) For purposes of this section, the terms “detoxification 526 services,” “addictions receiving facility,” and “receiving 527 facility” have the same meanings as those provided in ss. 528 397.311(22)(a)4.397.311(18)(a)4., 397.311(22)(a)1. 529397.311(18)(a)1., and 394.455(26), respectively. 530 Section 8. Subsection (8) of section 397.405, Florida 531 Statutes, is amended to read: 532 397.405 Exemptions from licensure.—The following are exempt 533 from the licensing provisions of this chapter: 534 (8) A legally cognizable church or nonprofit religious 535 organization or denomination providing substance abuse services, 536 including prevention services, which are solely religious, 537 spiritual, or ecclesiastical in nature. A church or nonprofit 538 religious organization or denomination providing any of the 539 licensed service components itemized under s. 397.311(22)s.540397.311(18)is not exempt from substance abuse licensure but 541 retains its exemption with respect to all services which are 542 solely religious, spiritual, or ecclesiastical in nature. 543 544 The exemptions from licensure in this section do not apply to 545 any service provider that receives an appropriation, grant, or 546 contract from the state to operate as a service provider as 547 defined in this chapter or to any substance abuse program 548 regulated pursuant to s. 397.406. Furthermore, this chapter may 549 not be construed to limit the practice of a physician or 550 physician assistant licensed under chapter 458 or chapter 459, a 551 psychologist licensed under chapter 490, a psychotherapist 552 licensed under chapter 491, or an advanced registered nurse 553 practitioner licensed under part I of chapter 464, who provides 554 substance abuse treatment, so long as the physician, physician 555 assistant, psychologist, psychotherapist, or advanced registered 556 nurse practitioner does not represent to the public that he or 557 she is a licensed service provider and does not provide services 558 to individuals pursuant to part V of this chapter. Failure to 559 comply with any requirement necessary to maintain an exempt 560 status under this section is a misdemeanor of the first degree, 561 punishable as provided in s. 775.082 or s. 775.083. 562 Section 9. Section 397.416, Florida Statutes, is amended to 563 read: 564 397.416 Substance abuse treatment services; qualified 565 professional.—Notwithstanding any other provision of law, a 566 person who was certified through a certification process 567 recognized by the former Department of Health and Rehabilitative 568 Services before January 1, 1995, may perform the duties of a 569 qualified professional with respect to substance abuse treatment 570 services as defined in this chapter, and need not meet the 571 certification requirements contained in s. 397.311(30)s.572397.311(26). 573 Section 10. Paragraphs (d) and (g) of subsection (1) of 574 section 440.102, Florida Statutes, are amended to read: 575 440.102 Drug-free workplace program requirements.—The 576 following provisions apply to a drug-free workplace program 577 implemented pursuant to law or to rules adopted by the Agency 578 for Health Care Administration: 579 (1) DEFINITIONS.—Except where the context otherwise 580 requires, as used in this act: 581 (d) “Drug rehabilitation program” means a service provider, 582 established pursuant to s. 397.311(39)s.397.311(33), that 583 provides confidential, timely, and expert identification, 584 assessment, and resolution of employee drug abuse. 585 (g) “Employee assistance program” means an established 586 program capable of providing expert assessment of employee 587 personal concerns; confidential and timely identification 588 services with regard to employee drug abuse; referrals of 589 employees for appropriate diagnosis, treatment, and assistance; 590 and followup services for employees who participate in the 591 program or require monitoring after returning to work. If, in 592 addition to the above activities, an employee assistance program 593 provides diagnostic and treatment services, these services shall 594 in all cases be provided by service providers pursuant to s. 595 397.311(39)s.397.311(33). 596 Section 11. This act shall take effect July 1, 2015.