Bill Text: FL S0704 | 2020 | Regular Session | Introduced
Bill Title: Mental Health and Substance Use Disorders
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-14 - Died in Children, Families, and Elder Affairs [S0704 Detail]
Download: Florida-2020-S0704-Introduced.html
Florida Senate - 2020 SB 704 By Senator Rouson 19-00762-20 2020704__ 1 A bill to be entitled 2 An act relating to mental health and substance use 3 disorders; amending s. 394.455, F.S.; defining the 4 term “first episode psychosis program”; amending s. 5 394.4573, F.S.; revising requirements for the annual 6 state behavioral health assessment; revising the 7 essential elements of a coordinated system of care; 8 amending s. 397.4073, F.S.; revising background 9 screening requirements for certain peer specialists; 10 amending s. 397.417, F.S.; providing legislative 11 findings and intent; revising requirements for 12 certification as a peer specialist; requiring the 13 Department of Children and Families to develop a 14 training program for peer specialists and to give 15 preference to trainers who are certified peer 16 specialists; requiring the training program to 17 coincide with a competency exam and to be based on 18 current practice standards; requiring the department 19 to certify peer specialists directly or by approving a 20 third-party credentialing entity; requiring that a 21 person providing peer specialist services be certified 22 or be supervised by a licensed behavioral health care 23 professional or a certified peer specialist; providing 24 an exception; authorizing the department, a behavioral 25 health managing entity, or the Medicaid program to 26 reimburse a peer specialist service as a recovery 27 service; encouraging Medicaid managed care plans to 28 use peer specialists in providing recovery services; 29 requiring peer specialists to meet the requirements of 30 a background screening as a condition of employment 31 and continued employment; requiring the department or 32 certain authorized entities to forward fingerprints to 33 the Department of Law Enforcement; requiring that fees 34 for state and federal fingerprint processing be borne 35 by the peer specialist applying for employment; 36 requiring that any arrest record identified through 37 background screening be reported to the department; 38 authorizing the Department of Children and Families or 39 certain agencies to contract with certain vendors for 40 fingerprinting; specifying requirements for vendors; 41 specifying offenses to be considered in the background 42 screening of a peer specialist; authorizing a person 43 who does not meet background screening requirements to 44 request an exemption from disqualification from the 45 department or the agency; providing that all peer 46 specialists certified as of the effective date of this 47 act are recognized as having met the requirements of 48 this act; amending ss. 394.495, 394.496, 394.9085, 49 409.972, 464.012, and 744.2007, F.S., conforming 50 cross-references; providing an effective date. 51 52 Be It Enacted by the Legislature of the State of Florida: 53 54 Section 1. Present subsections (17) through (48) of section 55 394.455, Florida Statutes, are redesignated as subsections (18) 56 through (49), respectively, and a new subsection (17) is added 57 to that section, to read: 58 394.455 Definitions.—As used in this part, the term: 59 (17) “First episode psychosis program” means an evidence 60 based program for individuals between 14 and 30 years of age who 61 are experiencing early indications of serious mental illness, 62 especially a first episode of psychotic symptoms. The program 63 includes, but is not limited to, intensive case management, 64 individual or group therapy, supported employment, family 65 education and supports, and appropriate psychotropic medication 66 as indicated. 67 Section 2. Section 394.4573, Florida Statutes, is amended 68 to read: 69 394.4573 Coordinated system of care; annual assessment; 70 essential elements; measures of performance; system improvement 71 grants; reports.—On or before December 1 of each year, the 72 department shall submit to the Governor, the President of the 73 Senate, and the Speaker of the House of Representatives an 74 assessment of the behavioral health services in this state. The 75 assessment shall consider, at a minimum, the extent to which 76 designated receiving systems function as no-wrong-door models, 77 the availability of treatment and recovery services that use 78 recovery-oriented and peer-involved approaches, the availability 79 of less-restrictive services, and the use of evidence-informed 80 practices. The assessment must also describe the availability of 81 and access to first episode psychosis programs, and any gaps in 82 the availability and access of such programs, in all areas of 83 the state. The department’s assessment shall consider, at a 84 minimum, the needs assessments conducted by the managing 85 entities pursuant to s. 394.9082(5). Beginning in 2017, the 86 department shall compile and include in the report all plans 87 submitted by managing entities pursuant to s. 394.9082(8) and 88 the department’s evaluation of each plan. 89 (1) As used in this section: 90 (a) “Care coordination” means the implementation of 91 deliberate and planned organizational relationships and service 92 procedures that improve the effectiveness and efficiency of the 93 behavioral health system by engaging in purposeful interactions 94 with individuals who are not yet effectively connected with 95 services to ensure service linkage. Examples of care 96 coordination activities include development of referral 97 agreements, shared protocols, and information exchange 98 procedures. The purpose of care coordination is to enhance the 99 delivery of treatment services and recovery supports and to 100 improve outcomes among priority populations. 101 (b) “Case management” means those direct services provided 102 to a client in order to assess his or her needs, plan or arrange 103 services, coordinate service providers, link the service system 104 to a client, monitor service delivery, and evaluate patient 105 outcomes to ensure the client is receiving the appropriate 106 services. 107 (c) “Coordinated system of care” means the full array of 108 behavioral and related services in a region or community offered 109 by all service providers, whether participating under contract 110 with the managing entity or by another method of community 111 partnership or mutual agreement. 112 (d) “No-wrong-door model” means a model for the delivery of 113 acute care services to persons who have mental health or 114 substance use disorders, or both, which optimizes access to 115 care, regardless of the entry point to the behavioral health 116 care system. 117 (2) The essential elements of a coordinated system of care 118 include: 119 (a) Community interventions, such as prevention, primary 120 care for behavioral health needs, therapeutic and supportive 121 services, crisis response services, and diversion programs. 122 (b) A designated receiving system that consists of one or 123 more facilities serving a defined geographic area and 124 responsible for assessment and evaluation, both voluntary and 125 involuntary, and treatment or triage of patients who have a 126 mental health or substance use disorder, or co-occurring 127 disorders. 128 1. A county or several counties shall plan the designated 129 receiving system using a process that includes the managing 130 entity and is open to participation by individuals with 131 behavioral health needs and their families, service providers, 132 law enforcement agencies, and other parties. The county or 133 counties, in collaboration with the managing entity, shall 134 document the designated receiving system through written 135 memoranda of agreement or other binding arrangements. The county 136 or counties and the managing entity shall complete the plan and 137 implement the designated receiving system by July 1, 2017, and 138 the county or counties and the managing entity shall review and 139 update, as necessary, the designated receiving system at least 140 once every 3 years. 141 2. To the extent permitted by available resources, the 142 designated receiving system shall function as a no-wrong-door 143 model. The designated receiving system may be organized in any 144 manner which functions as a no-wrong-door model that responds to 145 individual needs and integrates services among various 146 providers. Such models include, but are not limited to: 147 a. A central receiving system that consists of a designated 148 central receiving facility that serves as a single entry point 149 for persons with mental health or substance use disorders, or 150 co-occurring disorders. The central receiving facility shall be 151 capable of assessment, evaluation, and triage or treatment or 152 stabilization of persons with mental health or substance use 153 disorders, or co-occurring disorders. 154 b. A coordinated receiving system that consists of multiple 155 entry points that are linked by shared data systems, formal 156 referral agreements, and cooperative arrangements for care 157 coordination and case management. Each entry point shall be a 158 designated receiving facility and shall, within existing 159 resources, provide or arrange for necessary services following 160 an initial assessment and evaluation. 161 c. A tiered receiving system that consists of multiple 162 entry points, some of which offer only specialized or limited 163 services. Each service provider shall be classified according to 164 its capabilities as either a designated receiving facility or 165 another type of service provider, such as a triage center, a 166 licensed detoxification facility, or an access center. All 167 participating service providers shall, within existing 168 resources, be linked by methods to share data, formal referral 169 agreements, and cooperative arrangements for care coordination 170 and case management. 171 172 An accurate inventory of the participating service providers 173 which specifies the capabilities and limitations of each 174 provider and its ability to accept patients under the designated 175 receiving system agreements and the transportation plan 176 developed pursuant to this section shall be maintained and made 177 available at all times to all first responders in the service 178 area. 179 (c) Transportation in accordance with a plan developed 180 under s. 394.462. 181 (d) Crisis services, including mobile response teams, 182 crisis stabilization units, addiction receiving facilities, and 183 detoxification facilities. 184 (e) Case management. Each case manager or person directly 185 supervising a case manager who provides Medicaid-funded targeted 186 case management services shall hold a valid certification from a 187 department-approved credentialing entity as defined in s. 188 397.311(10) by July 1, 2017, and, thereafter, within 6 months 189 after hire. 190 (f) Care coordination that involves coordination with other 191 local systems and entities, public and private, which are 192 involved with the individual, such as primary care, child 193 welfare, behavioral health care, and criminal and juvenile 194 justice organizations. 195 (g) Outpatient services. 196 (h) Residential services. 197 (i) Hospital inpatient care. 198 (j) Aftercare and other postdischarge services. 199 (k) Medication-assisted treatment and medication 200 management. 201 (l) Recovery support, including, but not limited to, the 202 use of peer specialists to assist in the individual’s recovery 203 from a substance use disorder or mental illness, support for 204 competitive employment, educational attainment, independent 205 living skills development, family support and education, 206 wellness management and self-care, and assistance in obtaining 207 housing that meets the individual’s needs. Such housing may 208 include mental health residential treatment facilities, limited 209 mental health assisted living facilities, adult family care 210 homes, and supportive housing. Housing provided using state 211 funds must provide a safe and decent environment free from abuse 212 and neglect. 213 (m) Care plans shall assign specific responsibility for 214 initial and ongoing evaluation of the supervision and support 215 needs of the individual and the identification of housing that 216 meets such needs. For purposes of this paragraph, the term 217 “supervision” means oversight of and assistance with compliance 218 with the clinical aspects of an individual’s care plan. 219 (n) First episode psychosis programs. 220 (3)SYSTEM IMPROVEMENT GRANTS.—Subject to a specific 221 appropriation by the Legislature, the department may award 222 system improvement grants to managing entities based on a 223 detailed plan to enhance services in accordance with the no 224 wrong-door model as defined in subsection (1) and to address 225 specific needs identified in the assessment prepared by the 226 department pursuant to this section. Such a grant must be 227 awarded through a performance-based contract that links payments 228 to the documented and measurable achievement of system 229 improvements. 230 Section 3. Paragraph (a) of subsection (1) of section 231 397.4073, Florida Statutes, is amended to read: 232 397.4073 Background checks of service provider personnel.— 233 (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND 234 EXCEPTIONS.— 235 (a) For all individuals screened on or after July 1, 2020 2362019, background checks shall apply as follows: 237 1. All owners, directors, chief financial officers, and 238 clinical supervisors of service providers are subject to level 2 239 background screening as provided under s. 408.809 and chapter 240 435. Inmate substance abuse programs operated directly or under 241 contract with the Department of Corrections are exempt from this 242 requirement. 243 2. All service provider personnel who have direct contact 244 with children receiving services or with adults who are 245 developmentally disabled receiving services are subject to level 246 2 background screening as provided under s. 408.809 and chapter 247 435. 248 3. All peer specialists who have direct contact with 249 individuals receiving services are subject to a background 250 screening as provided under s. 397.417(5)level 2 background251screening as provided under s. 408.809 and chapter 435. 252 Section 4. Section 397.417, Florida Statutes, is amended to 253 read: 254 397.417 Behavioral health peer specialists.— 255 (1) LEGISLATIVE FINDINGS AND INTENT.— 256 (a) The Legislature finds that: 257 1. The ability to provide adequate behavioral health 258 services is limited by a shortage of professionals and 259 paraprofessionals. 260 2. The state is experiencing an increase in opioid 261 addictions that prove fatal to persons in many cases. 262 3. Peer specialists provide effective support services 263 because they share common life experiences with the persons they 264 assist. 265 4. Peer specialists promote a sense of community among 266 those in recovery. 267 5. Research has shown that peer support facilitates 268 recovery and reduces health care costs. 269 6. Peer specialists may have a criminal history that 270 prevents them from meeting background screening requirements. 271 (b) The Legislature intends to expand the use of peer 272 specialists as a cost-effective means of providing services and 273 to ensure that peer specialists meet specified qualifications, 274 meet modified background screening requirements, and are 275 adequately reimbursed for their services. 276 (2) QUALIFICATIONS.— 277 (a) A person may seek certification as a peer specialist if 278 he or she has been in recovery from a substance use disorder or 279 mental illness for the past 2 years or if he or she is a family 280 member or caregiver of a person with a substance use disorder or 281 mental illness. 282 (b) To obtain certification as a peer specialist, a person 283 must meet the background screening requirements of subsection 284 (5), complete the training program, and achieve a passing score 285 on the competency exam described in paragraph (3)(a). 286 (3) DUTIES OF THE DEPARTMENT.— 287 (a) The department shall develop a training program for 288 persons seeking certification as peer specialists. The 289 department must give preference to trainers who are certified 290 peer specialists. The training program must coincide with a 291 competency exam and be based on current practice standards. 292 (b) The department shall certify peer specialists. The 293 department may certify peer specialists directly or may approve 294 one or more third-party credentialing entities for the purposes 295 of certifying peer specialists, approving training programs for 296 individuals seeking certification as peer specialists, approving 297 continuing education programs, and establishing the minimum 298 requirements and standards applicants must meet to maintain 299 certification. 300 (c) The department must require that a person providing 301 peer specialist services be certified or be supervised by a 302 licensed behavioral health care professional or a certified peer 303 specialist. An individual who is not certified may provide 304 recovery support services as a peer specialist for up to 1 year 305 if he or she is working toward certification and is supervised 306 by a qualified professional or by a certified peer specialist 307 who has at least 2 years of full-time experience as a peer 308 specialist at a licensed behavioral health organization. 309 (4) PAYMENT.—Peer specialist services may be reimbursed as 310 a recovery service through the department, a behavioral health 311 managing entity, or the Medicaid program. Medicaid managed care 312 plans are encouraged to use peer specialists in providing 313 recovery services. 314 (5) BACKGROUND SCREENING.— 315 (a) A peer specialist must have completed or have been 316 lawfully released from confinement, supervision, or any 317 nonmonetary condition imposed by the court for any felony and 318 must undergo a background screening as a condition of employment 319 and continued employment. The applicant must submit a full set 320 of fingerprints to the department or to a vendor, entity, or 321 agency authorized by s. 943.053(13). The department, vendor, 322 entity, or agency shall forward the fingerprints to the 323 Department of Law Enforcement for state processing and the 324 Department of Law Enforcement shall forward the fingerprints to 325 the Federal Bureau of Investigation for national processing. 326 Fees for state and federal fingerprint processing and retention 327 shall be borne by the applicant. The state cost for fingerprint 328 processing shall be as provided in s. 943.053(3)(e) for records 329 provided to persons or entities other than those specified as 330 exceptions therein. Fingerprints submitted to the Department of 331 Law Enforcement pursuant to this paragraph shall be retained as 332 provided by s. 435.12 and, when the Department of Law 333 Enforcement begins participation in the program, enrolled in the 334 Federal Bureau of Investigation’s national retained fingerprint 335 arrest notification program, as provided in s. 943.05(4). Any 336 arrest record identified shall be reported to the department. 337 (b) The department or the Agency for Health Care 338 Administration, as applicable, may contract with one or more 339 vendors to perform all or part of the electronic fingerprinting 340 pursuant to this section. Such contracts must ensure that the 341 owners and personnel of the vendor performing the electronic 342 fingerprinting are qualified and will ensure the integrity and 343 security of all personal identifying information. 344 (c) Vendors who submit fingerprints on behalf of employers 345 must: 346 1. Meet the requirements of s. 943.053; and 347 2. Have the ability to communicate electronically with the 348 department or the Agency for Health Care Administration, as 349 applicable, and to accept screening results from the Department 350 of Law Enforcement and provide the applicant’s full first name, 351 middle initial, and last name; social security number or 352 individual taxpayer identification number; date of birth; 353 mailing address; sex; and race. 354 (d) The background screening conducted under this section 355 must ensure that a peer specialist has not, during the previous 356 3 years, been arrested for and is awaiting final disposition of, 357 been found guilty of, regardless of adjudication, or entered a 358 plea of nolo contendere or guilty to, or been adjudicated 359 delinquent and the record has not been sealed or expunged for, 360 any felony. 361 (e) The background screening conducted under this section 362 must ensure that a peer specialist has not been found guilty of, 363 regardless of adjudication, or entered a plea of nolo contendere 364 or guilty to, or been adjudicated delinquent and the record has 365 not been sealed or expunged for, any offense prohibited under 366 any of the following state laws or similar laws of another 367 jurisdiction: 368 1. Section 393.135, relating to sexual misconduct with 369 certain developmentally disabled clients and reporting of such 370 sexual misconduct. 371 2. Section 394.4593, relating to sexual misconduct with 372 certain mental health patients and reporting of such sexual 373 misconduct. 374 3. Section 409.920, relating to Medicaid provider fraud, if 375 the offense was a felony of the first or second degree. 376 4. Section 415.111, relating to abuse, neglect, or 377 exploitation of vulnerable adults. 378 5. Section 741.28, relating to domestic violence. 379 6. Section 777.04, relating to attempts, solicitation, and 380 conspiracy to commit an offense listed in this paragraph. 381 7. Section 782.04, relating to murder. 382 8. Section 782.07, relating to manslaughter, aggravated 383 manslaughter of an elderly person or disabled adult, aggravated 384 manslaughter of a child, or aggravated manslaughter of an 385 officer, a firefighter, an emergency medical technician, or a 386 paramedic. 387 9. Section 782.071, relating to vehicular homicide. 388 10. Section 782.09, relating to killing of an unborn child 389 by injury to the mother. 390 11. Chapter 784, relating to assault, battery, and culpable 391 negligence, if the offense was a felony. 392 12. Section 787.01, relating to kidnapping. 393 13. Section 787.02, relating to false imprisonment. 394 14. Section 787.025, relating to luring or enticing a 395 child. 396 15. Section 787.04(2), relating to leading, taking, 397 enticing, or removing a minor beyond the state limits, or 398 concealing the location of a minor, with criminal intent pending 399 custody proceedings. 400 16. Section 787.04(3), relating to leading, taking, 401 enticing, or removing a minor beyond the state limits, or 402 concealing the location of a minor, with criminal intent pending 403 dependency proceedings or proceedings concerning alleged abuse 404 or neglect of a minor. 405 17. Section 790.115(1), relating to exhibiting firearms or 406 weapons within 1,000 feet of a school. 407 18. Section 790.115(2)(b), relating to possessing an 408 electric weapon or device, destructive device, or other weapon 409 on school property. 410 19. Section 794.011, relating to sexual battery. 411 20. Former s. 794.041, relating to prohibited acts of 412 persons in familial or custodial authority. 413 21. Section 794.05, relating to unlawful sexual activity 414 with certain minors. 415 22. Section 794.08, relating to female genital mutilation. 416 23. Section 796.07, relating to procuring another to commit 417 prostitution, except for those offenses expunged pursuant to s. 418 943.0583. 419 24. Section 798.02, relating to lewd and lascivious 420 behavior. 421 25. Chapter 800, relating to lewdness and indecent 422 exposure. 423 26. Section 806.01, relating to arson. 424 27. Section 810.02, relating to burglary, if the offense 425 was a felony of the first degree. 426 28. Section 810.14, relating to voyeurism, if the offense 427 was a felony. 428 29. Section 810.145, relating to video voyeurism, if the 429 offense was a felony. 430 30. Section 812.13, relating to robbery. 431 31. Section 812.131, relating to robbery by sudden 432 snatching. 433 32. Section 812.133, relating to carjacking. 434 33. Section 812.135, relating to home-invasion robbery. 435 34. Section 817.034, relating to communications fraud, if 436 the offense was a felony of the first degree. 437 35. Section 817.234, relating to false and fraudulent 438 insurance claims, if the offense was a felony of the first or 439 second degree. 440 36. Section 817.50, relating to fraudulently obtaining 441 goods or services from a health care provider and false reports 442 of a communicable disease. 443 37. Section 817.505, relating to patient brokering. 444 38. Section 817.568, relating to fraudulent use of personal 445 identification, if the offense was a felony of the first or 446 second degree. 447 39. Section 825.102, relating to abuse, aggravated abuse, 448 or neglect of an elderly person or disabled adult. 449 40. Section 825.1025, relating to lewd or lascivious 450 offenses committed upon or in the presence of an elderly person 451 or disabled person. 452 41. Section 825.103, relating to exploitation of an elderly 453 person or disabled adult, if the offense was a felony. 454 42. Section 826.04, relating to incest. 455 43. Section 827.03, relating to child abuse, aggravated 456 child abuse, or neglect of a child. 457 44. Section 827.04, relating to contributing to the 458 delinquency or dependency of a child. 459 45. Former s. 827.05, relating to negligent treatment of 460 children. 461 46. Section 827.071, relating to sexual performance by a 462 child. 463 47. Section 831.30, relating to fraud in obtaining 464 medicinal drugs. 465 48. Section 831.31, relating to sale, manufacture, 466 delivery, possession with intent to sell, manufacture, or 467 deliver any counterfeit controlled substance, if the offense was 468 a felony. 469 49. Section 843.01, relating to resisting arrest with 470 violence. 471 50. Section 843.025, relating to depriving a law 472 enforcement, correctional, or correctional probation officer of 473 the means of protection or communication. 474 51. Section 843.12, relating to aiding in an escape. 475 52. Section 843.13, relating to aiding in the escape of 476 juvenile inmates of correctional institutions. 477 53. Chapter 847, relating to obscenity. 478 54. Section 874.05, relating to encouraging or recruiting 479 another to join a criminal gang. 480 55. Chapter 893, relating to drug abuse prevention and 481 control, if the offense was a felony of the second degree or 482 greater severity. 483 56. Section 895.03, relating to racketeering and collection 484 of unlawful debts. 485 57. Section 896.101, relating to the Florida Money 486 Laundering Act. 487 58. Section 916.1075, relating to sexual misconduct with 488 certain forensic clients and reporting of such sexual 489 misconduct. 490 59. Section 944.35(3), relating to inflicting cruel or 491 inhuman treatment on an inmate resulting in great bodily harm. 492 60. Section 944.40, relating to escape. 493 61. Section 944.46, relating to harboring, concealing, or 494 aiding an escaped prisoner. 495 62. Section 944.47, relating to introduction of contraband 496 into a correctional institution. 497 63. Section 985.701, relating to sexual misconduct in 498 juvenile justice programs. 499 64. Section 985.711, relating to introduction of contraband 500 into a detention facility. 501 (6) EXEMPTION REQUESTS.—A person who wishes to become a 502 peer specialist and is disqualified under subsection (5) may 503 request an exemption from disqualification pursuant to s. 435.07 504 from the department or the Agency for Health Care 505 Administration, as applicable. 506 (7) GRANDFATHER CLAUSE.—All peer specialists certified as 507 of the effective date of this act are recognized as having met 508 the requirements of this act. 509(1) An individual may seek certification as a peer510specialist if he or she has been in recovery from a substance511use disorder or mental illness for at least 2 years, or if he or512she has at least 2 years of experience as a family member or513caregiver of a person with a substance use disorder or mental514illness.515(2) The department shall approve one or more third-party516credentialing entities for the purposes of certifying peer517specialists, approving training programs for individuals seeking518certification as peer specialists, approving continuing519education programs, and establishing the minimum requirements520and standards that applicants must achieve to maintain521certification. To obtain approval, the third-party credentialing522entity must demonstrate compliance with nationally recognized523standards for developing and administering professional524certification programs to certify peer specialists.525(3) An individual providing department-funded recovery526support services as a peer specialist shall be certified527pursuant to subsection (2). An individual who is not certified528may provide recovery support services as a peer specialist for529up to 1 year if he or she is working toward certification and is530supervised by a qualified professional or by a certified peer531specialist who has at least 3 years of full-time experience as a532peer specialist at a licensed behavioral health organization.533 Section 5. Paragraphs (a) and (c) of subsection (3) of 534 section 394.495, Florida Statutes, are amended to read: 535 394.495 Child and adolescent mental health system of care; 536 programs and services.— 537 (3) Assessments must be performed by: 538 (a) A professional as defined in s. 394.455(5), (7), (33) 539(32), (36)(35), or (37)(36); 540 (c) A person who is under the direct supervision of a 541 qualified professional as defined in s. 394.455(5), (7), (33) 542(32), (36)(35), or (37)(36)or a professional licensed under 543 chapter 491. 544 Section 6. Subsection (5) of section 394.496, Florida 545 Statutes, is amended to read: 546 394.496 Service planning.— 547 (5) A professional as defined in s. 394.455(5), (7), (33) 548(32), (36)(35), or (37)(36)or a professional licensed under 549 chapter 491 must be included among those persons developing the 550 services plan. 551 Section 7. Subsection (6) of section 394.9085, Florida 552 Statutes, is amended to read: 553 394.9085 Behavioral provider liability.— 554 (6) For purposes of this section, the terms “detoxification 555 services,” “addictions receiving facility,” and “receiving 556 facility” have the same meanings as those provided in ss. 557 397.311(26)(a)4., 397.311(26)(a)1., and 394.455(40)394.455(39), 558 respectively. 559 Section 8. Paragraph (b) of subsection (1) of section 560 409.972, Florida Statutes, is amended to read: 561 409.972 Mandatory and voluntary enrollment.— 562 (1) The following Medicaid-eligible persons are exempt from 563 mandatory managed care enrollment required by s. 409.965, and 564 may voluntarily choose to participate in the managed medical 565 assistance program: 566 (b) Medicaid recipients residing in residential commitment 567 facilities operated through the Department of Juvenile Justice 568 or a treatment facility as defined in s. 394.455(47). 569 Section 9. Paragraph (e) of subsection (4) of section 570 464.012, Florida Statutes, is amended to read: 571 464.012 Licensure of advanced practice registered nurses; 572 fees; controlled substance prescribing.— 573 (4) In addition to the general functions specified in 574 subsection (3), an advanced practice registered nurse may 575 perform the following acts within his or her specialty: 576 (e) A psychiatric nurse, who meets the requirements in s. 577 394.455(36)s. 394.455(35), within the framework of an 578 established protocol with a psychiatrist, may prescribe 579 psychotropic controlled substances for the treatment of mental 580 disorders. 581 Section 10. Subsection (7) of section 744.2007, Florida 582 Statutes, is amended to read: 583 744.2007 Powers and duties.— 584 (7) A public guardian may not commit a ward to a treatment 585 facility, as defined in s. 394.455(47), without an involuntary 586 placement proceeding as provided by law. 587 Section 11. This act shall take effect July 1, 2020.