Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 788
       
       
       
       
       
       
                                Ì870674>Î870674                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Criminal Justice (Clemens) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 107 - 123
    4  and insert:
    5         Section 2. Subsection (21) of section 397.321, Florida
    6  Statutes, is added to read:
    7         397.321 Duties of the department.—The department shall:
    8         (21) Ensure that substance abuse service provider personnel
    9  who provide direct clinical treatment services as defined in s.
   10  397.311(25)(a) are certified through a department-recognized
   11  certification process. A physician or a physician assistant
   12  licensed under chapter 458 or chapter 459; a professional
   13  licensed under chapter 490 or chapter 491; or an advanced
   14  registered nurse practitioner licensed under part I of chapter
   15  464 is exempt from the requirements of this subsection.
   16         Section 3. Subsection (11) of section 397.407, Florida
   17  Statutes, is amended to read:
   18         397.407 Licensure process; fees.—
   19         (11) Effective July 1, 2017 2016, a service provider
   20  licensed under this part may not refer a prospective, current,
   21  or discharged patient to, or accept a referral from, a recovery
   22  residence unless the recovery residence holds a valid
   23  certificate of compliance as provided in s. 397.487 and is
   24  actively managed by a certified recovery residence administrator
   25  as provided in s. 397.4871 or the recovery residence is owned
   26  and operated by a licensed service provider or a licensed
   27  service provider’s wholly owned subsidiary. For purposes of this
   28  subsection, the term “refer” means to inform a patient by any
   29  means about the name, address, or other details of the recovery
   30  residence. However, this subsection does not require a licensed
   31  service provider to refer any patient to a recovery residence.
   32  This subsection does not require a recovery residence to refer
   33  any patient to a licensed service provider. This subsection
   34  
   35  ================= T I T L E  A M E N D M E N T ================
   36  And the title is amended as follows:
   37         Delete line 6
   38  and insert:
   39         brokering offenses; amending 397.321, F.S.; requiring
   40         the Department of Children and Families to ensure that
   41         substance abuse service provider personnel providing
   42         direct clinical treatment services are certified
   43         through a department-recognized certification process;
   44         exempting specified licensed individuals from
   45         certification; amending s. 397.407, F.S.;