Senate Bill 1358 (2023) — Background screenings for mental health and substance abuse service provider personnel
SB 1358
Florida Bills
Florida Senate - 2023 SB 1358 By Senator Rouson 16-01621A-23 20231358__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to background screenings for mental 2 health and substance abuse service provider personnel; 3 amending s. 394.4572, F.S.; providing requirements for 4 mental health personnel applying for an exemption from 5 disqualification; requiring the Department of Children 6 and Families or the Agency for Health Care 7 Administration to notify an applicant who submits an 8 incomplete application within a specified timeframe; 9 requiring the department or the agency to grant or 10 deny an exemption request within a specified 11 timeframe; amending s. 397.4073, F.S.; revising 12 requirements for mental health personnel applying for 13 an exemption from disqualification; requiring the 14 department to notify an applicant who submits an 15 incomplete application within a specified timeframe 16 and to identify outstanding application items; 17 requiring the department to grant or deny a complete 18 exemption application within a specified timeframe; 19 amending s. 397.417, F.S.; revising the burden of 20 proof for peer specialists seeking an exemption from 21 employment disqualification; reenacting ss. 22 397.487(6), 397.4871(5), and 985.045(4)(e), F.S., 23 relating to voluntary certification of recovery 24 residences, recovery residence administrator 25 certification, and court records, respectively, to 26 incorporate the amendment made to s. 397.4073, F.S., 27 in references thereto; providing an effective date. 28 29
Florida Senate - 2023 SB 1358 16-01621A-23 20231358__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. Be It Enacted by the Legislature of the State of Florida: 30 31
Section 1. Paragraph (
c) is added to subsection (2) of 32
section 394.4572, Florida Statutes, to read: 33 394.4572 Screening of mental health personnel.— 34 (2) 35 (
c) A person subject to this
section who applies for an 36 exemption from disqualification must submit an application for 37 the exemption within 30 days after being notified of the 38 disqualification. If an application is not complete, the 39 department or the Agency for Health Care Administration must 40 notify the applicant within 30 days after receipt of the 41 application and include a list of all outstanding application 42 items in the notification. The department or the Agency for 43 Health Care Administration shall grant or deny an exemption 44 request under this subsection within 45 days after receipt of a 45 complete application. 46
Section 2. Paragraph (
f) of subsection (1) of
section 47 397.4073, Florida Statutes, is amended to read: 48 397.4073 Background checks of service provider personnel.— 49
(1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND 50 EXCEPTIONS.— 51 (
f) A person subject to this
section who applies for an 52 exemption from disqualification must submit an application for 53 the exemption within 30 days after being notified of the 54 disqualification. If an application is not complete, the 55 department must notify the applicant within 30 days after 56 receipt of the application and include a list of all outstanding 57 application items in the notification. The department shall 58
Florida Senate - 2023 SB 1358 16-01621A-23 20231358__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. grant or deny an exemption request under this subsection within 59 45 days after receipt of a complete application Service provider 60 personnel who request an exemption from disqualification must 61 submit the request within 30 days after being notified of the 62 disqualification. The department shall grant or deny the request 63 within 60 days after receipt of a complete application. 64
Section 3. Subsection (5) of
section 397.417, Florida 65 Statutes, is amended to read: 66 397.417 Peer specialists.— 67
(5) EXEMPTION REQUESTS.— 68 (
a) A person who wishes to become a peer specialist and is 69 disqualified under subsection (4) may request an exemption from 70 disqualification pursuant to s. 435.07 from the department or 71 the Agency for Health Care Administration, as applicable. 72 (
b) Notwithstanding s. 435.07(3), an employee seeking an 73 exemption from disqualification for employment as a peer 74 specialist must demonstrate by a preponderance of the evidence 75 that the employee should not be disqualified from employment. 76 Such employees have the burden of proving rehabilitation by a 77 preponderance of the evidence, including, but not limited to, 78 the circumstances surrounding the criminal incident for which an 79 exemption is sought, the time period that has elapsed since the 80 incident, the nature of the harm caused to the victim, the 81 employee’s history since the incident, and any other evidence or 82 circumstances indicating that the employee will not present a 83 danger if employment or continued employment is allowed. 84
Section 4. For the purpose of incorporating the amendment 85 made by this act to
section 397.4073, Florida Statutes, in a 86 reference thereto, subsection (6) of
section 397.487, Florida 87
Florida Senate - 2023 SB 1358 16-01621A-23 20231358__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. Statutes, is reenacted to read: 88 397.487 Voluntary certification of recovery residences.— 89
(6) All owners, directors, and chief financial officers of 90 an applicant recovery residence are subject to level 2 91 background screening as provided under s. 408.809 and
chapter 92 435. A recovery residence is ineligible for certification, and a 93 credentialing entity shall deny a recovery residence’s 94 application, if any owner, director, or chief financial officer 95 has been found guilty of, or has entered a plea of guilty or 96 nolo contendere to, regardless of adjudication, any offense 97 listed in s. 408.809(4) or s. 435.04(2) unless the department 98 has issued an exemption under s. 435.07. Exemptions from 99 disqualification applicable to service provider personnel 100 pursuant to s. 397.4073 or s. 435.07 shall apply to this 101 subsection.
In accordance with s. 435.04, the department shall 102 notify the credentialing agency of an owner’s, director’s, or 103 chief financial officer’s eligibility based on the results of 104 his or her background screening. 105
Section 5. For the purpose of incorporating the amendment 106 made by this act to
section 397.4073, Florida Statutes, in a 107 reference thereto, subsection (5) of
section 397.4871, Florida 108 Statutes, is reenacted to read: 109 397.4871 Recovery residence administrator certification.— 110
(5) All applicants are subject to level 2 background 111 screening as provided under
chapter 435. An applicant is 112 ineligible, and a credentialing entity shall deny the 113 application, if the applicant has been found guilty of, or has 114 entered a plea of guilty or nolo contendere to, regardless of 115 adjudication, any offense listed in s. 408.809 or s. 435.04(2) 116
Florida Senate - 2023 SB 1358 16-01621A-23 20231358__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. unless the department has issued an exemption under s. 435.07. 117 Exemptions from disqualification applicable to service provider 118 personnel pursuant to s. 397.4073 or s. 435.07 shall apply to 119 this subsection. In accordance with s. 435.04, the department 120 shall notify the credentialing agency of the applicant’s 121 eligibility based on the results of his or her background 122 screening. 123
Section 6. For the purpose of incorporating the amendment 124 made by this act to
section 397.4073, Florida Statutes, in a 125 reference thereto, paragraph (
e) of subsection (4) of
section 126 985.045, Florida Statutes, is reenacted to read: 127 985.045 Court records.— 128
(4) A court record of proceedings under this
chapter is not 129 admissible in evidence in any other civil or criminal 130 proceeding, except that: 131 (
e) Records of proceedings under this
chapter may be used 132 to prove disqualification under ss. 110.1127, 393.0655, 394.457, 133 397.4073, 402.305, 402.313, 409.175, 409.176, and 985.644. 134