Florida Senate - 2020 SB 808 By Senator Harrell 25-01044-20 2020808__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to the Agency for Persons with 2 Disabilities; creating s. 393.0659, F.S.; providing 3 legislative intent; defining the terms “certification” 4 and “third-party credentialing entity”; beginning on a 5 specified date, requiring that all support 6 coordinators and certain direct service providers 7 obtain and maintain certification by a third-party 8 credentialing entity; requiring third-party 9 credentialing entities to charge support coordinators 10 a fee sufficient to cover certain costs; subjecting 11 certification of direct service providers to an 12 appropriation; prohibiting direct service providers 13 from being charged certain fees; requiring the Agency 14 for Persons with Disabilities to approve one or more 15 third-party credentialing entities; setting criteria 16 for approval of third-party credentialing entities; 17 requiring the agency to approve at least one third-18 party credentialing entity by a certain date; 19 providing for appeal of decisions made by third-party 20 credentialing entities; authorizing the agency to 21 adopt rules; providing effective dates. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25

Section

Section 393.0659, Florida Statutes, is created 26 to read: 27 393.0659 Florida Certification Board; certification system 28 for Agency for Persons with Disabilities.— 29

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(1) LEGISLATIVE INTENT.—To enable the state to provide a 30 systematic approach to staff development and training for 31 persons providing direct care to individuals with developmental 32 disabilities, it is the intent of the Legislature that the 33 agency require all support coordinators and direct service 34 providers who work in residential facilities and are not 35 otherwise licensed or certified pursuant to state law to earn 36 and maintain certification issued by a third-party credentialing 37 entity approved by the agency. 38

(2) DEFINITIONS.—As used in this section, the term: 39 (a) “Certification” means a professional credential awarded 40 by an approved third-party credentialing entity to individuals 41 demonstrating core competency in providing services to persons 42 with developmental disabilities and adherence to established 43 standards of professional ethics in the performance of their 44 duties. 45 (b) “Third-party credentialing entity” means an agency-46 approved nonprofit organization that develops and administers 47 professional, facility, or organization certification programs 48 according to applicable nationally recognized certification or 49 psychometric standards. 50

(3) CERTIFICATION REQUIRED FOR SUPPORT COORDINATORS AND 51 CERTAIN DIRECT SERVICE PROVIDERS.—Effective July 1, 2021: 52 (

a) All support coordinators shall earn and maintain 53 certification issued by a third-party credentialing entity. 54 (

b) All direct service providers who are not otherwise 55 licensed or certified pursuant to state law shall earn and 56 maintain certification issued by a third-party credentialing 57 entity. 58

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c) The requirement for direct service providers to earn 59 and maintain certification as provided in paragraph (

b) is 60 subject to appropriations sufficient to develop and operate the 61 certification program for direct service providers. Direct 62 service providers may not be personally charged a certification 63 application fee, initial test fee, renewal fee, or reinstatement 64 fee. 65

(4) THIRD-PARTY CREDENTIALING ENTITIES.— 66 (

a) The agency shall approve one or more third-party 67 credentialing entities for the purposes of developing and 68 administering certification programs for individuals who provide 69 support coordination and specified direct services to 70 individuals with developmental disabilities. To obtain approval, 71 a third-party credentialing entity must: 72 1.

Demonstrate compliance with nationally recognized 73 standards for developing and administering professional 74 certification programs to certify individuals who provide 75 support coordination and specified direct services to 76 individuals with developmental disabilities; 77 2. Establish professional requirements and standards that 78 applicants must meet to obtain and maintain such certification; 79 3. Develop core competencies and examination instruments 80 according to nationally recognized certification or psychometric 81 standards; 82 4.

Maintain a professional code of ethics and a 83 disciplinary process that apply to all persons holding 84 certification; 85 5. Maintain a publicly accessible database of all persons 86 holding certification, including any history of ethical or 87

Florida Senate - 2020 SB 808 25-01044-20 2020808__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. disciplinary violations; 88 6. Require annual continuing education for persons holding 89 certification; 90 7. Administer a continuing education provider program to 91 ensure that only qualified providers offer continuing education 92 opportunities for persons holding certification; and 93 8. Maintain an advisory committee, including 94 representatives from the agency, agency-recognized service 95 providers, and other stakeholders. The third-party credentialing 96 entity may appoint additional members to the advisory committee. 97 (

b) The agency shall approve a third-party credentialing 98 entity that has been approved pursuant to s. 402.40(3) or s. 99 397.321(15) which also meets the requirements of this section. 100

(5) DUTIES OF THE AGENCY.—The agency must approve at least 101 one credentialing entity by October 1, 2020, for the purposes of 102 developing and administering certification programs for support 103 coordinators and direct service providers. 104

(6) DUE PROCESS.—Any decision by an approved third-party 105 credentialing entity to deny, revoke, or suspend a 106 certification, or otherwise impose sanctions on an individual 107 who is certified, is reviewable by the agency. Upon receiving an 108 adverse determination, the aggrieved person may request an 109 administrative hearing pursuant to ss. 120.569 and 120.57(1) 110 within 30 days after completing any appeals process offered by 111 the third-party credentialing entity or the agency, as 112 applicable. 113

(7) RULEMAKING.—The agency may adopt rules to implement 114 this section. 115

Section 2. Except as otherwise expressly provided in this 116

Florida Senate - 2020 SB 808 25-01044-20 2020808__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. act, this act shall take effect July 1, 2020. 117