What’s new in Sober Homes Task Force, SUD Treatment and Recovery Residence Legislation?

On May 3, 2019 the Florida Senate passed and adopted the Florida House Bill 369 pending a signature from Governor DeSantis. If signed, the law will take effect on July 1, 2019.

See below for a summary of the bill and how it affects SUD treatment providers, recovery residences and lead generators/marketers.

  1. Level Two Background Checks
  • Certain persons in positions of ownership or employment in a treatment program or recovery residence must pass a Level 2 background screening; if specified crimes are found from the past, these applicants are deemed disqualified from such ownership or employment.
  • This bill seeks to allow the state to grant “limited exemptions” from disqualification since much of the SUD workforce is composed of people in recovery themselves who have a criminal background as a result of prior drug or alcohol misuse.
  • This bill also expands the crimes for which an individual may receive exemption from disqualification without the statutorily imposed waiting period: prostitution, burglary (third degree felony), grand theft of the third degree (third degree felony), forgery (third degree felony), uttering forged instruments (third degree felony) or related attempt, solicitation or conspiracy crimes.
  • This bill speeds up the process of evaluating an individual’s qualification to work based on prior charges while operating on a case-by-case basis, meaning that if an individual’s crime was found to not have been influenced by drug or alcohol misuse the DCF may still deny exemption.

2. Clinical Supervisors

  • Previously, Clinical Supervisors were not required to be deemed “qualified professionals” which will change in moving forward. Under s. 397.311(34), F.S., only a licensed physician, physician assistant, psychologist, mental health professional, or advance practice registered nurse, or a certified substance abuse treatment services provider with a Bachelor’s degree could hold this title and serve this role.
  • A “qualified professional” is defined as a physician or a physician assistant licensed under chapter 458 or chapter 459; a professional licensed under chapter 490 or chapter 491; an advanced practice registered nurse licensed under part I of chapter 464; or a person who is certified through a department-recognized certification process for substance abuse treatment services and who holds, at a minimum, a bachelor’s degree. A person who is certified in substance abuse treatment services by a state-recognized certification process in another state at the time of employment with a licensed substance abuse provider in this state may perform the functions of a qualified professional as defined in this chapter but must meet certification requirements contained in this subsection no later than 1 year after his or her date of employment.

3. PHP Must Now Be FARR Certified

  • HB 369 now requires the residential component of a day or night treatment facility with community housing license to be FARR certified and have a certified recovery residence administrator to actively manage the housing components.

For more information on how this legislation effects sober living, patient brokering and more,  visit https://soberlawnews.com/breaking-news-florida-legislature-passes-latest-sober-homes-task-force-sud-treatment-and-recovery-residence-legislation/.