Bill Text: FL S0326 | 2015 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 SB 326 By the Committee on Children, Families, and Elder Affairs; and Senator Clemens 586-01708-15 2015326c1 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 denial, suspension, or revocation of 36 certification; providing a criminal penalty for 37 falsely advertising oneself as a “certified recovery 38 residence administrator”; creating s. 397.4872, F.S.; 39 providing exemptions from disqualifying offenses; 40 requiring credentialing entities to provide the 41 department with a list of all certified recovery 42 residences and recovery residence administrators by a 43 date certain; requiring the department to publish the 44 list on its website; allowing recovery residences and 45 recovery residence administrators to be excluded from 46 the list upon written request to the department; 47 amending s. 397.407, F.S.; conforming cross 48 references; providing conditions for a licensed 49 service provider to refer patients to a certified 50 recovery residence or a recovery residence owned and 51 operated by the licensed service provider; defining 52 the term “refer”; amending ss. 212.055, 394.9085, 53 397.405, 397.416, and 440.102, F.S.; conforming cross 54 references; providing an effective date. 55 56 Be It Enacted by the Legislature of the State of Florida: 57 58 Section 1. Present subsections (7) and (32) of section 59 397.311, Florida Statutes, are amended, present subsections (4) 60 and (5), present subsections (6) through (28), and present 61 subsections (29) through (39) are renumbered as subsections (7) 62 and (8), subsections (10) through (32), and subsections (35) 63 through (45), respectively, new subsections (4), (5), (6), (9), 64 (33), and (34) are added to that section, to read: 65 397.311 Definitions.—As used in this chapter, except part 66 VIII, the term: 67 (4) “Certificate of compliance” means a certificate that is 68 issued by a credentialing entity to a recovery residence or a 69 recovery residence administrator. 70 (5) “Certified recovery residence” means a recovery 71 residence that holds a valid certificate of compliance or that 72 is actively managed by a certified recovery residence 73 administrator. 74 (6) “Certified recovery residence administrator” means a 75 recovery residence administrator who holds a valid certificate 76 of compliance. 77 (9) “Credentialing entity” means a nonprofit organization 78 that develops and administers professional, facility, or 79 organization certification programs according to applicable 80 nationally recognized certification or psychometric standards. 81 (11)(7)“Director” means the chief administrative or 82 executive officer of a service provider or recovery residence. 83 (33) “Recovery residence” means a residential dwelling 84 unit, or other form of group housing, which is offered or 85 advertised through any means, including oral, written, 86 electronic, or printed means, by any person or entity as a 87 residence that provides a peer-supported, alcohol-free, and 88 drug-free living environment. 89 (34) “Recovery residence administrator” means the person 90 responsible for the overall management of the recovery 91 residence, including, but not limited to, the supervision of 92 residents and staff employed by, or volunteering for, the 93 residence. 94 (38)(32)“Service component” or “component” means a 95 discrete operational entity within a service provider which is 96 subject to licensing as defined by rule. Service components 97 include prevention, intervention, and clinical treatment 98 described in subsection (22)(18). 99 Section 2. Section 397.487, Florida Statutes, is created to 100 read: 101 397.487 Voluntary certification of recovery residences.— 102 (1) The Legislature finds that a person suffering from 103 addiction has a higher success rate of achieving long-lasting 104 sobriety when given the opportunity to build a stronger 105 foundation by living in a recovery residence after completing 106 treatment. The Legislature further finds that this state and its 107 subdivisions have a legitimate state interest in protecting 108 these persons, who represent a vulnerable consumer population in 109 need of adequate housing. It is the intent of the Legislature to 110 protect persons who reside in a recovery residence. 111 (2) The department shall approve at least one credentialing 112 entity by December 1, 2015, for the purpose of developing and 113 administering a voluntary certification program for recovery 114 residences. The approved credentialing entity shall: 115 (a) Establish recovery residence certification 116 requirements. 117 (b) Establish procedures to: 118 1. Administer the application, certification, 119 recertification, and disciplinary processes. 120 2. Monitor and inspect a recovery residence and its staff 121 to ensure compliance with certification requirements. 122 3. Interview and evaluate residents, employees, and 123 volunteer staff on their knowledge and application of 124 certification requirements. 125 (c) Provide training for owners, managers, and staff. 126 (d) Develop a code of ethics. 127 (e) Establish application, inspection, and annual 128 certification renewal fees. The application fee may not exceed 129 $100. Any onsite inspection fee shall reflect actual costs for 130 inspections. The annual certification renewal fee may not exceed 131 $100. 132 (3) A credentialing entity shall require the recovery 133 residence to submit the following documents with the completed 134 application and fee: 135 (a) A policy and procedures manual containing: 136 1. Job descriptions for all staff positions. 137 2. Drug-testing procedures and requirements. 138 3. A prohibition on the premises against alcohol, illegal 139 drugs, and the use of prescribed medications by an individual 140 other than the individual for whom the medication is prescribed. 141 4. Policies to support a resident’s recovery efforts. 142 5. A good neighbor policy to address neighborhood concerns 143 and complaints. 144 (b) Rules for residents. 145 (c) Copies of all forms provided to residents. 146 (d) Intake procedures. 147 (e) Relapse policy. 148 (f) Fee schedule. 149 (g) Refund policy. 150 (h) Eviction procedures and policy. 151 (i) Code of ethics. 152 (j) Proof of insurance. 153 (k) Proof of background screening. 154 (l) Proof of satisfactory fire, safety, and health 155 inspections. 156 (4) Upon receiving a completed application and fee, a 157 credentialing entity shall conduct an onsite inspection of the 158 recovery residence. 159 (5) All owners, directors, and chief financial officers of 160 an applicant recovery residence are subject to level 2 161 background screening as provided under chapter 435. The 162 department shall notify the credentialing entity of the results 163 of the background screenings. A credentialing entity shall deny 164 a recovery residence’s application if any owner, director, or 165 chief financial officer has been found guilty of, regardless of 166 adjudication, or has entered a plea of nolo contendere or guilty 167 to any offense listed in s. 435.04(2), unless the department has 168 issued an exemption under s. 397.4872. 169 (6) A credentialing entity shall issue a certificate of 170 compliance upon approval of the recovery residence’s application 171 and inspection. The certification shall automatically terminate 172 1 year after issuance if not renewed. 173 (7) Onsite followup monitoring of any certified recovery 174 residence may be conducted by the credentialing entity to 175 determine continuing compliance with certification requirements. 176 The credentialing entity shall inspect each certified recovery 177 residence at least annually to ensure compliance. 178 (a) A credentialing entity may suspend or revoke a 179 certificate of compliance if the recovery residence is not in 180 compliance with any provision of this section or has failed to 181 remedy any deficiency identified by the credentialing entity 182 within the time period specified. 183 (b) If any owner, director, or chief financial officer of a 184 certified recovery residence is arrested or found guilty of, 185 regardless of adjudication, or has entered a plea of nolo 186 contendere or guilty to any offense listed in s. 435.04(2), 187 while acting in that capacity, the certified recovery residence 188 shall immediately remove the person from that position and shall 189 notify the credentialing entity within 3 business days after 190 such removal. The credentialing entity shall revoke the 191 certificate of compliance of any recovery residence that fails 192 to meet these requirements. 193 (c) A credentialing entity shall revoke a recovery 194 residence’s certificate of compliance if the recovery residence 195 provides false or misleading information to the credentialing 196 entity at any time. 197 (8) A person may not advertise to the public, in any way or 198 by any medium whatsoever, any recovery residence as a “certified 199 recovery residence” unless such recovery residence has first 200 secured a certificate of compliance under this section. A person 201 who violates this subsection commits a misdemeanor of the first 202 degree, punishable as provided in s. 775.082 or s. 775.083. 203 Section 3. Section 397.4871, Florida Statutes, is created 204 to read: 205 397.4871 Recovery residence administrator certification.— 206 (1) It is the intent of the Legislature that a recovery 207 residence administrator voluntarily earn and maintain 208 certification from a credentialing entity approved by the 209 Department of Children and Families. The Legislature further 210 intends that certification ensure that an administrator has the 211 competencies necessary to appropriately respond to the needs of 212 residents, to maintain residence standards, and to meet 213 residence certification requirements. 214 (2) The department shall approve at least one credentialing 215 entity by December 1, 2015, for the purpose of developing and 216 administering a voluntary credentialing program for 217 administrators. The department shall approve any credentialing 218 entity that the department endorses pursuant to s. 397.321(16) 219 if the credentialing entity also meets the requirements of this 220 section. The approved credentialing entity shall: 221 (a) Establish recovery residence administrator core 222 competencies, certification requirements, testing instruments, 223 and recertification requirements according to nationally 224 recognized certification and psychometric standards. 225 (b) Establish a process to administer the certification 226 application, award, and maintenance processes. 227 (c) Develop and administer: 228 1. A code of ethics and disciplinary process. 229 2. Biennial continuing education requirements and annual 230 certification renewal requirements. 231 3. An education provider program to approve training 232 entities that are qualified to provide precertification training 233 to applicants and continuing education opportunities to 234 certified persons. 235 (3) A credentialing entity shall establish a certification 236 program that: 237 (a) Is established according to nationally recognized 238 certification and psychometric standards. 239 (b) Is directly related to the core competencies. 240 (c) Establishes minimum requirements in each of the 241 following categories: 242 1. Training. 243 2. On-the-job work experience. 244 3. Supervision. 245 4. Testing. 246 5. Biennial continuing education. 247 (d) Requires adherence to a code of ethics and provides for 248 a disciplinary process that applies to certified persons. 249 (e) Approves qualified training entities that provide 250 precertification training to applicants and continuing education 251 to certified recovery residence administrators. To avoid a 252 conflict of interest, a credentialing entity or its affiliate 253 may not deliver training to an applicant or continuing education 254 to a certificateholder. 255 (4) A credentialing entity shall establish application, 256 examination, and certification fees and an annual certification 257 renewal fee. The application, examination, and certification 258 fees may not exceed $225. The annual certification renewal fee 259 may not exceed $100. 260 (5) All applicants are subject to level 2 background 261 screening as provided under chapter 435. The department shall 262 notify the credentialing entity of the results of the background 263 screenings. A credentialing entity shall deny a person’s 264 application if the applicant has been found guilty of, 265 regardless of adjudication, or has entered a plea of nolo 266 contendere or guilty to any offense listed in s. 435.04(2), 267 unless the department has issued an exemption under s. 397.4872. 268 (6) The credentialing entity shall issue a certificate of 269 compliance upon approval of a person’s application. The 270 certification shall automatically terminate 1 year after 271 issuance if not renewed. 272 (a) A credentialing entity may suspend or revoke the 273 recovery residence administrator’s certificate of compliance if 274 the recovery residence administrator fails to adhere to the 275 continuing education requirements. 276 (b) If a certified recovery residence administrator of a 277 recovery residence is arrested or found guilty of, regardless of 278 adjudication, or has entered a plea of nolo contendere or guilty 279 to any offense listed in s. 435.04(2), the recovery residence 280 shall immediately remove the recovery residence administrator 281 from that position and shall notify the credentialing entity 282 within 3 business days after such removal. The recovery 283 residence shall have 30 days to retain a certified recovery 284 residence administrator. The credentialing entity shall revoke 285 the certificate of compliance of any recovery residence which 286 fails to meet these requirements. 287 (c) A credentialing entity shall revoke a recovery 288 residence administrator’s certificate of compliance if the 289 recovery residence administrator provides false or misleading 290 information to the credentialing entity at any time. 291 (7) A person may not advertise himself or herself to the 292 public, in any way or by any medium whatsoever, as a “certified 293 recovery residence administrator” unless he or she has first 294 secured a certificate of compliance under this section. A person 295 who violates this subsection commits a misdemeanor of the first 296 degree, punishable as provided in s. 775.082 or s. 775.083. 297 (8) A certified recovery residence administrator may 298 qualify a recovery residence for referrals under s. 397.407(11) 299 if the certified recovery residence administrator: 300 (a) Registers with the credentialing entity the recovery 301 residence he or she intends to qualify. The registration shall 302 include: 303 1. The name and address of the recovery residence, 304 including the fictitious name, if any, under which the recovery 305 residence is doing business. 306 2. The name of the owners and any officers of the recovery 307 residence. 308 (b) Submits an affidavit attesting that he or she is 309 actively managing the recovery residence and that he or she is 310 not utilizing his or her recovery residence administrator’s 311 certificate of compliance to qualify any additional recovery 312 residences under this subsection. 313 (9) A certified recovery residence administrator must 314 notify the credentialing entity within 3 business days after the 315 termination of the certified recovery residence administrator’s 316 qualification of the recovery residence due to resignation or 317 any other reason. 318 (10) A certified recovery residence administrator may act 319 as a qualifying agent for only one recovery residence at any 320 given time. 321 Section 4. Section 397.4872, Florida Statutes, is created 322 to read: 323 397.4872 Exemption from disqualification; publication.— 324 (1) Individual exemptions from staff disqualification or 325 administrator ineligibility may be requested if a recovery 326 residence deems the decision will benefit the program. Requests 327 for exemptions shall be submitted in writing to the department 328 and include a justification for the exemption. 329 (2) The department may exempt a person from ss. 397.487(5) 330 and 397.4871(5) if it has been at least 3 years since the person 331 has completed or been lawfully released from confinement, 332 supervision, or sanction for the disqualifying offense. An 333 exemption from the disqualifying offenses may not be given under 334 any circumstances for any person who is a: 335 (a) Sexual predator pursuant to s. 775.21; 336 (b) Career offender pursuant to s. 775.261; or 337 (c) Sexual offender pursuant to s. 943.0435, unless the 338 requirement to register as a sexual offender has been removed 339 pursuant to s. 943.04354. 340 (3) By April 1, 2016, a credentialing entity shall submit a 341 list to the department of all recovery residences and recovery 342 residence administrators certified by the credentialing entity 343 which hold a valid certificate of compliance. Thereafter, the 344 credentialing entity must notify the department within 3 345 business days after a new recovery residence or recovery 346 residence administrator is certified or a recovery residence’s 347 or recovery residence administrator’s certificate expires or is 348 terminated. The department shall publish on its website a list 349 of all recovery residences that hold a valid certificate of 350 compliance or that have been qualified pursuant to s. 351 397.4871(10). The department shall also publish on its website a 352 list of all recovery residence administrators that hold a valid 353 certificate of compliance. A recovery residence or recovery 354 residence administrator shall be excluded from the list if the 355 recovery residence administrator submits a written request to 356 the department. 357 Section 5. Subsections (1) and (5) of section 397.407, 358 Florida Statutes, are amended, and subsection (11) is added to 359 that section, to read: 360 397.407 Licensure process; fees.— 361 (1) The department shall establish by rule the licensure 362 process to include fees and categories of licenses. The rule 363 must prescribe a fee range that is based, at least in part, on 364 the number and complexity of programs listed in s. 397.311(22) 365397.311(18)which are operated by a licensee. The fees from the 366 licensure of service components are sufficient to cover at least 367 50 percent of the costs of regulating the service components. 368 The department shall specify by rule a fee range for public and 369 privately funded licensed service providers. Fees for privately 370 funded licensed service providers must exceed the fees for 371 publicly funded licensed service providers. During adoption of 372 the rule governing the licensure process and fees, the 373 department shall carefully consider the potential adverse impact 374 on small, not-for-profit service providers. 375 (5) The department may issue probationary, regular, and 376 interim licenses. After adopting the rule governing the 377 licensure process and fees, the department shall issue one 378 license for each service component that is operated by a service 379 provider and defined in rule pursuant to s. 397.311(22) 380397.311(18). The license is valid only for the specific service 381 components listed for each specific location identified on the 382 license. The licensed service provider shall apply for a new 383 license at least 60 days before the addition of any service 384 components or 30 days before the relocation of any of its 385 service sites. Provision of service components or delivery of 386 services at a location not identified on the license may be 387 considered an unlicensed operation that authorizes the 388 department to seek an injunction against operation as provided 389 in s. 397.401, in addition to other sanctions authorized by s. 390 397.415. Probationary and regular licenses may be issued only 391 after all required information has been submitted. A license may 392 not be transferred. As used in this subsection, the term 393 “transfer” includes, but is not limited to, the transfer of a 394 majority of the ownership interest in the licensed entity or 395 transfer of responsibilities under the license to another entity 396 by contractual arrangement. 397 (11) Effective July 1, 2016, a service provider licensed 398 under this part may not refer a current or discharged patient to 399 a recovery residence unless the recovery residence holds a valid 400 certificate of compliance as provided in s. 397.487 or is 401 actively managed by a certified recovery residence administrator 402 as provided in s. 397.4871, or both, or is owned and operated by 403 a licensed service provider or a licensed service provider’s 404 wholly owned subsidiary. For purposes of this subsection, the 405 term “refer” means to inform a patient by any means about the 406 name, address, or other details of the recovery residence. 407 However, this subsection does not require a licensed service 408 provider to refer any patient to a recovery residence. 409 Section 6. Paragraph (e) of subsection (5) of section 410 212.055, Florida Statutes, is amended to read: 411 212.055 Discretionary sales surtaxes; legislative intent; 412 authorization and use of proceeds.—It is the legislative intent 413 that any authorization for imposition of a discretionary sales 414 surtax shall be published in the Florida Statutes as a 415 subsection of this section, irrespective of the duration of the 416 levy. Each enactment shall specify the types of counties 417 authorized to levy; the rate or rates which may be imposed; the 418 maximum length of time the surtax may be imposed, if any; the 419 procedure which must be followed to secure voter approval, if 420 required; the purpose for which the proceeds may be expended; 421 and such other requirements as the Legislature may provide. 422 Taxable transactions and administrative procedures shall be as 423 provided in s. 212.054. 424 (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in 425 s. 125.011(1) may levy the surtax authorized in this subsection 426 pursuant to an ordinance either approved by extraordinary vote 427 of the county commission or conditioned to take effect only upon 428 approval by a majority vote of the electors of the county voting 429 in a referendum. In a county as defined in s. 125.011(1), for 430 the purposes of this subsection, “county public general 431 hospital” means a general hospital as defined in s. 395.002 432 which is owned, operated, maintained, or governed by the county 433 or its agency, authority, or public health trust. 434 (e) A governing board, agency, or authority shall be 435 chartered by the county commission upon this act becoming law. 436 The governing board, agency, or authority shall adopt and 437 implement a health care plan for indigent health care services. 438 The governing board, agency, or authority shall consist of no 439 more than seven and no fewer than five members appointed by the 440 county commission. The members of the governing board, agency, 441 or authority shall be at least 18 years of age and residents of 442 the county. No member may be employed by or affiliated with a 443 health care provider or the public health trust, agency, or 444 authority responsible for the county public general hospital. 445 The following community organizations shall each appoint a 446 representative to a nominating committee: the South Florida 447 Hospital and Healthcare Association, the Miami-Dade County 448 Public Health Trust, the Dade County Medical Association, the 449 Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade 450 County. This committee shall nominate between 10 and 14 county 451 citizens for the governing board, agency, or authority. The 452 slate shall be presented to the county commission and the county 453 commission shall confirm the top five to seven nominees, 454 depending on the size of the governing board. Until such time as 455 the governing board, agency, or authority is created, the funds 456 provided for in subparagraph (d)2. shall be placed in a 457 restricted account set aside from other county funds and not 458 disbursed by the county for any other purpose. 459 1. The plan shall divide the county into a minimum of four 460 and maximum of six service areas, with no more than one 461 participant hospital per service area. The county public general 462 hospital shall be designated as the provider for one of the 463 service areas. Services shall be provided through participants’ 464 primary acute care facilities. 465 2. The plan and subsequent amendments to it shall fund a 466 defined range of health care services for both indigent persons 467 and the medically poor, including primary care, preventive care, 468 hospital emergency room care, and hospital care necessary to 469 stabilize the patient. For the purposes of this section, 470 “stabilization” means stabilization as defined in s. 397.311(41) 471397.311(35). Where consistent with these objectives, the plan 472 may include services rendered by physicians, clinics, community 473 hospitals, and alternative delivery sites, as well as at least 474 one regional referral hospital per service area. The plan shall 475 provide that agreements negotiated between the governing board, 476 agency, or authority and providers shall recognize hospitals 477 that render a disproportionate share of indigent care, provide 478 other incentives to promote the delivery of charity care to draw 479 down federal funds where appropriate, and require cost 480 containment, including, but not limited to, case management. 481 From the funds specified in subparagraphs (d)1. and 2. for 482 indigent health care services, service providers shall receive 483 reimbursement at a Medicaid rate to be determined by the 484 governing board, agency, or authority created pursuant to this 485 paragraph for the initial emergency room visit, and a per-member 486 per-month fee or capitation for those members enrolled in their 487 service area, as compensation for the services rendered 488 following the initial emergency visit. Except for provisions of 489 emergency services, upon determination of eligibility, 490 enrollment shall be deemed to have occurred at the time services 491 were rendered. The provisions for specific reimbursement of 492 emergency services shall be repealed on July 1, 2001, unless 493 otherwise reenacted by the Legislature. The capitation amount or 494 rate shall be determined prior to program implementation by an 495 independent actuarial consultant. In no event shall such 496 reimbursement rates exceed the Medicaid rate. The plan must also 497 provide that any hospitals owned and operated by government 498 entities on or after the effective date of this act must, as a 499 condition of receiving funds under this subsection, afford 500 public access equal to that provided under s. 286.011 as to any 501 meeting of the governing board, agency, or authority the subject 502 of which is budgeting resources for the retention of charity 503 care, as that term is defined in the rules of the Agency for 504 Health Care Administration. The plan shall also include 505 innovative health care programs that provide cost-effective 506 alternatives to traditional methods of service and delivery 507 funding. 508 3. The plan’s benefits shall be made available to all 509 county residents currently eligible to receive health care 510 services as indigents or medically poor as defined in paragraph 511 (4)(d). 512 4. Eligible residents who participate in the health care 513 plan shall receive coverage for a period of 12 months or the 514 period extending from the time of enrollment to the end of the 515 current fiscal year, per enrollment period, whichever is less. 516 5. At the end of each fiscal year, the governing board, 517 agency, or authority shall prepare an audit that reviews the 518 budget of the plan, delivery of services, and quality of 519 services, and makes recommendations to increase the plan’s 520 efficiency. The audit shall take into account participant 521 hospital satisfaction with the plan and assess the amount of 522 poststabilization patient transfers requested, and accepted or 523 denied, by the county public general hospital. 524 Section 7. Subsection (6) of section 394.9085, Florida 525 Statutes, is amended to read: 526 394.9085 Behavioral provider liability.— 527 (6) For purposes of this section, the terms “detoxification 528 services,” “addictions receiving facility,” and “receiving 529 facility” have the same meanings as those provided in ss. 530 397.311(22)(a)4.397.311(18)(a)4., 397.311(22)(a)1. 531397.311(18)(a)1., and 394.455(26), respectively. 532 Section 8. Subsection (8) of section 397.405, Florida 533 Statutes, is amended to read: 534 397.405 Exemptions from licensure.—The following are exempt 535 from the licensing provisions of this chapter: 536 (8) A legally cognizable church or nonprofit religious 537 organization or denomination providing substance abuse services, 538 including prevention services, which are solely religious, 539 spiritual, or ecclesiastical in nature. A church or nonprofit 540 religious organization or denomination providing any of the 541 licensed service components itemized under s. 397.311(22) 542397.311(18)is not exempt from substance abuse licensure but 543 retains its exemption with respect to all services which are 544 solely religious, spiritual, or ecclesiastical in nature. 545 546 The exemptions from licensure in this section do not apply to 547 any service provider that receives an appropriation, grant, or 548 contract from the state to operate as a service provider as 549 defined in this chapter or to any substance abuse program 550 regulated pursuant to s. 397.406. Furthermore, this chapter may 551 not be construed to limit the practice of a physician or 552 physician assistant licensed under chapter 458 or chapter 459, a 553 psychologist licensed under chapter 490, a psychotherapist 554 licensed under chapter 491, or an advanced registered nurse 555 practitioner licensed under part I of chapter 464, who provides 556 substance abuse treatment, so long as the physician, physician 557 assistant, psychologist, psychotherapist, or advanced registered 558 nurse practitioner does not represent to the public that he or 559 she is a licensed service provider and does not provide services 560 to individuals pursuant to part V of this chapter. Failure to 561 comply with any requirement necessary to maintain an exempt 562 status under this section is a misdemeanor of the first degree, 563 punishable as provided in s. 775.082 or s. 775.083. 564 Section 9. Section 397.416, Florida Statutes, is amended to 565 read: 566 397.416 Substance abuse treatment services; qualified 567 professional.—Notwithstanding any other provision of law, a 568 person who was certified through a certification process 569 recognized by the former Department of Health and Rehabilitative 570 Services before January 1, 1995, may perform the duties of a 571 qualified professional with respect to substance abuse treatment 572 services as defined in this chapter, and need not meet the 573 certification requirements contained in s. 397.311(30) 574397.311(26). 575 Section 10. Paragraphs (d) and (g) of subsection (1) of 576 section 440.102, Florida Statutes, are amended to read: 577 440.102 Drug-free workplace program requirements.—The 578 following provisions apply to a drug-free workplace program 579 implemented pursuant to law or to rules adopted by the Agency 580 for Health Care Administration: 581 (1) DEFINITIONS.—Except where the context otherwise 582 requires, as used in this act: 583 (d) “Drug rehabilitation program” means a service provider, 584 established pursuant to s. 397.311(39)397.311(33), that 585 provides confidential, timely, and expert identification, 586 assessment, and resolution of employee drug abuse. 587 (g) “Employee assistance program” means an established 588 program capable of providing expert assessment of employee 589 personal concerns; confidential and timely identification 590 services with regard to employee drug abuse; referrals of 591 employees for appropriate diagnosis, treatment, and assistance; 592 and followup services for employees who participate in the 593 program or require monitoring after returning to work. If, in 594 addition to the above activities, an employee assistance program 595 provides diagnostic and treatment services, these services shall 596 in all cases be provided by service providers pursuant to s. 597 397.311(39)397.311(33). 598 Section 11. This act shall take effect July 1, 2015.