SB 7012 — Substance Abuse and Mental Health

providing applicability;

amending s.

641.26, F.S.;

requiring certain entities to submit an annual affidavit to the Office of Insurance Regulation attesting to compliance with certain requirements;

authorizing the office to adopt rules;

amending s.

641.31, F.S.;

requiring that certain health maintenance contracts comply with certain requirements;

authorizing the commission to adopt rules;

amending s.

916.106, F.S.;

revising the definition of the term “mental illness”;

916.13 and 916.15, F.S.;

requiring the department to request a defendant’s medical information from a jail within a certain timeframe after receiving a commitment order and other required documentation;

requiring the jail to provide such information within a certain timeframe;

requiring the continued administration of psychotropic medication to a defendant if he or she is receiving such medication at a mental health facility at the time that he or she is discharged and transferred to the jail;

providing an exception;

requiring the jail and department physicians to collaborate on a defendant’s medication changes for certain purposes;

specifying that the jail physician has the final authority regarding the administering of medication to an inmate;

amending ss.

39.407, 394.495, 394.496, 394.674, 394.74, 394.9085, 409.972, 464.012, and 744.2007, F.S.;

providing an appropriation;

authorizing positions;

9379 Be It Enacted by the Legislature of the State of Florida:

9581 Section 1. Paragraphs (a) and (d) of subsection (2) of section 14.2019, Florida Statutes, are amended, and paragraphs (e) and (f) are added to that subsection, and subsection (5) is added to that section, to read:

(5) The First Responders Suicide Deterrence Task Force, a task force as defined in s.

20.03(8), is created adjunct to the Statewide Office for Suicide Prevention.

(a) The purpose of the task force is to make recommendations on how to reduce the incidence of suicide and attempted suicide among employed or retired first responders in this state.

(b) The task force is composed of a representative of the statewide office and a representative of each of the following first responder organizations, nominated by the organization and appointed by the Secretary of Children and Families:

1. The Florida Professional Firefighters.

2. The Florida Police Benevolent Association.

3. The Florida Fraternal Order of Police:

State Lodge.

4. The Florida Sheriffs Association.

5. The Florida Police Chiefs Association.

6. The Florida Fire Chiefs’ Association.

(c) The task force shall elect a chair from among its membership.

Except as otherwise provided, the task force shall operate in a manner consistent with s.

20.052.

(d) The task force shall identify or make recommendations on developing training programs and materials that would better enable first responders to cope with personal life stressors and stress related to their profession and foster an organizational culture that:

1. Promotes mutual support and solidarity among active and retired first responders;

2. Trains agency supervisors and managers to identify suicidal risk among active and retired first responders;

3. Improves the use and awareness of existing resources among active and retired first responders;

and 4. Educates active and retired first responders on suicide awareness and help-seeking.

(e) The task force shall identify state and federal public resources, funding and grants, first responder association resources, and private resources to implement identified training programs and materials.

(f) The task force shall report on its findings and recommendations for training programs and materials to deter suicide among active and retired first responders to the Governor, the President of the Senate, and the Speaker of the House of Representatives by each July 1, beginning in 2021, and through 2023.

(g) This subsection is repealed July 1, 2023.

(2) MEMBERSHIP.—The Suicide Prevention Coordinating Council shall consist of 3230 27 voting members and one nonvoting member.

(a) Eighteen(a) Sixteen Thirteen members shall be appointed by the director of the Statewide Office for Suicide Prevention and shall represent the following organizations:

10. The Florida Behavioral Health Association The Florida Alcohol and Drug Abuse Association.

12.13. NAMI13. NAMI Florida.

13. The14. The Florida Medical Association.

14. The15. The Florida Osteopathic Medical Association.

15. The15. Veterans FloridaFlorida. Psychiatric Society.

16. The Florida Psychological Association.

17. Veterans Florida.

18. The Florida Association of Managing Entities.

Section 4. Present subsections (10)(17) through (48) of section 394.455, Florida Statutes, are redesignated as subsections (11)(18) through (49), respectively, and a new subsection (10)(17) is added to that section, and present subsection (28) of that section is amended, to read:

(10) “Coordinated(17) “First specialtyepisode carepsychosis program” means an evidence-basedevidence based program for individuals between 14 and 30 years of age who are experiencing the early indications of serious mental illness, especially symptoms of a first psychoticepisode episode, and which includes, but is not limited to, intensive case management, individual or group therapy, supported employment, family education and supports, and the provision of appropriatepsychotic psychotropicsymptoms. medication as needed.

(29)(28) “MentalThe illness”program meansincludes, anbut impairmentis ofnot thelimited mentalto, orintensive emotionalcase processesmanagement, thatindividual exercise conscious control of one’s actions or ofgroup thetherapy, abilitysupported toemployment, perceivefamily oreducation understandand reality,supports, whichand impairmentappropriate substantiallypsychotropic interferesmedication, withas theindicated. person’s ability to meet the ordinary demands of living.

For the purposes of this part, the term does not include a developmental disability as defined in chapter 393, intoxication, or conditions manifested only by dementia, traumatic brain injury, antisocial behavior, or substance abuse.

The assessment must also considerdescribe the availability of and access to coordinatedfirst specialtyepisode carepsychosis programsprograms, and identify any gaps in the availability of and access toof such programsprograms, in all areas of the state.

403330 An accurate inventory of the participating service providers which specifies the capabilities and limitations of each provider and its ability to accept patients under the designated receiving system agreements and the transportation plan developed pursuant to this section shall be maintained and made available at all times to all first responders in the service area.

(n) Coordinated(n) First specialtyepisode carepsychosis programs.

Section 7. Paragraph7. Section (b)456.0342, of subsection (1) of section 394.658, Florida Statutes, is amendedcreated to read:

394.658 Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program requirements.— (1) The Criminal Justice, Mental Health, and Substance Abuse Statewide Grant Review Committee, in collaboration with the Department of Children and Families, the Department of Corrections, the Department of Juvenile Justice, the Department of Elderly Affairs, and the Office of the State Courts Administrator, shall establish criteria to be used to review submitted applications and to select the county that will be awarded a 1-year planning grant or a 3-year implementation or expansion grant.

A planning, implementation, or expansion grant may not be awarded unless the application of the county meets the established criteria.

(b) The application criteria for a 3-year implementation or expansion grant shall require information from a county that demonstrates its completion of a well-established collaboration plan that includes public-private partnership models and the application of evidence-based practices.

The implementation or expansion grants may support programs and diversion initiatives that include, but need not be limited to:

1. Mental health courts;

2. Diversion programs;

3. Alternative prosecution and sentencing programs;

4. Crisis intervention teams;

5. Treatment accountability services;

6. Specialized training for criminal justice, juvenile justice, and treatment services professionals;

7. Service delivery of collateral services such as housing, transitional housing, and supported employment;

and 8. Reentry services to create or expand mental health and substance abuse services and supports for affected persons;

and 9. Coordinated specialty care programs.

Section 8. Present subsections (3) through (24) of section 394.67, Florida Statutes, are redesignated as subsections (4) through (25), respectively, a new subsection (3) is added to that section, and present subsection (3) is amended, to read:

394.67 Definitions.—As used in this part, the term:

(3) “Coordinated specialty care program” means an evidence based program for individuals who are experiencing the early indications of serious mental illness, especially symptoms of a first psychotic episode, and which includes, but is not limited to, intensive case management, individual or group therapy, supported employment, family education and supports, and the provision of appropriate psychotropic medication as needed.

(4)(3) “Crisis services” means short-term evaluation, stabilization, and brief intervention services provided to a person who is experiencing an acute mental or emotional crisis, as defined in subsection (18) (17), or an acute substance abuse crisis, as defined in subsection (19) (18), to prevent further deterioration of the person’s mental health.

Crisis services are provided in settings such as a crisis stabilization unit, an inpatient unit, a short-term residential treatment program, a detoxification facility, or an addictions receiving facility;

at the site of the crisis by a mobile crisis response team;

or at a hospital on an outpatient basis.

Section 9. Paragraph (a) of subsection (26) of section 397.311, Florida Statutes, is amended to read:

397.311 Definitions.—As used in this chapter, except part VIII, the term:

(26) Licensed service components include a comprehensive continuum of accessible and quality substance abuse prevention, intervention, and clinical treatment services, including the following services:

(a) “Clinical treatment” means a professionally directed, deliberate, and planned regimen of services and interventions that are designed to reduce or eliminate the misuse of drugs and alcohol and promote a healthy, drug-free lifestyle.

As defined by rule, “clinical treatment services” include, but are not limited to, the following licensable service components:

1. “Addictions receiving facility” is a secure, acute care facility that provides, at a minimum, detoxification and stabilization services;

is operated 24 hours per day, 7 days per week;

and is designated by the department to serve individuals found to be substance use impaired as described in s.

397.675 who meet the placement criteria for this component.

2. “Day or night treatment” is a service provided in a nonresidential environment, with a structured schedule of treatment and rehabilitative services.

3. “Day or night treatment with community housing” means a program intended for individuals who can benefit from living independently in peer community housing while participating in treatment services for a minimum of 5 hours a day for a minimum of 25 hours per week.

4. “Detoxification” is a service involving subacute care that is provided on an inpatient or an outpatient basis to assist individuals to withdraw from the physiological and psychological effects of substance abuse and who meet the placement criteria for this component.

5. “Intensive inpatient treatment” includes a planned regimen of evaluation, observation, medical monitoring, and clinical protocols delivered through an interdisciplinary team approach provided 24 hours per day, 7 days per week, in a highly structured, live-in environment.

6. “Intensive outpatient treatment” is a service that provides individual or group counseling in a more structured environment, is of higher intensity and duration than outpatient treatment, and is provided to individuals who meet the placement criteria for this component.

7. “Medication-assisted treatment for opioid use disorders opiate addiction” is a service that uses methadone or other medication as authorized by state and federal law, in combination with medical, rehabilitative, supportive, and counseling services in the treatment of individuals who are dependent on opioid drugs.

8. “Outpatient treatment” is a service that provides individual, group, or family counseling by appointment during scheduled operating hours for individuals who meet the placement criteria for this component.

9. “Residential treatment” is a service provided in a structured live-in environment within a nonhospital setting on a 24-hours-per-day, 7-days-per-week basis, and is intended for individuals who meet the placement criteria for this component.

Section 10. Subsection (16) of section 397.321, Florida Statutes, is amended to read:

397.321 Duties of the department.—The department shall:

(16) Develop a certification process by rule for community substance abuse prevention coalitions.

Section 11. Section 397.4012, Florida Statutes, is amended to read:

397.4012 Exemptions from licensure.—The following are exempt from the licensing provisions of this chapter:

(1) A hospital or hospital-based component licensed under chapter 395.

(2) A nursing home facility as defined in s.

400.021.

(3) A substance abuse education program established pursuant to s.

1003.42.

(4) A facility or institution operated by the Federal Government.

(5) A physician or physician assistant licensed under chapter 458 or chapter 459.

(6) A psychologist licensed under chapter 490.

(7) A social worker, marriage and family therapist, or mental health counselor licensed under chapter 491.

(8) A legally cognizable church or nonprofit religious organization or denomination providing substance abuse services, including prevention services, which are solely religious, spiritual, or ecclesiastical in nature.

A church or nonprofit religious organization or denomination providing any of the licensed service components itemized under s.

397.311(26) is not exempt from substance abuse licensure but retains its exemption with respect to all services which are solely religious, spiritual, or ecclesiastical in nature.

(9) Facilities licensed under chapter 393 which, in addition to providing services to persons with developmental disabilities, also provide services to persons developmentally at risk as a consequence of exposure to alcohol or other legal or illegal drugs while in utero.

(10) DUI education and screening services provided pursuant to ss.

316.192, 316.193, 322.095, 322.271, and 322.291.

Persons or entities providing treatment services must be licensed under this chapter unless exempted from licensing as provided in this section.

(11) A facility licensed under s.

394.875 as a crisis stabilization unit.

628 The exemptions from licensure in subsections (3), (4), (8), (9), and (10) this section do not apply to any service provider that receives an appropriation, grant, or contract from the state to operate as a service provider as defined in this chapter or to any substance abuse program regulated under pursuant to s.

397.4014.

Furthermore, this chapter may not be construed to limit the practice of a physician or physician assistant licensed under chapter 458 or chapter 459, a psychologist licensed under chapter 490, a psychotherapist licensed under chapter 491, or an advanced practice registered nurse licensed under part I of chapter 464, who provides substance abuse treatment, so long as the physician, physician assistant, psychologist, psychotherapist, or advanced practice registered nurse does not represent to the public that he or she is a licensed service provider and does not provide services to individuals under pursuant to part V of this chapter.

Failure to comply with any requirement necessary to maintain an exempt status under this section is a misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

775.083.

Section 12. Section 456.0342, Florida Statutes, is created to read:

(2) Each licensing board that requires a licensee or certificateholdercertificate holder to complete a course pursuant to this section must include the hours required for completion in the total hours of continuing education required by law for such profession.

Section 13. Section8. Paragraph 786.1516,(b) of subsection (8) of section 627.6675, Florida Statutes, is createdamended to read:

627.6675 Conversion on termination of eligibility.—Subject to all of the provisions of this section, a group policy delivered or issued for delivery in this state by an insurer or nonprofit health care services plan that provides, on an expense-incurred basis, hospital, surgical, or major medical expense insurance, or any combination of these coverages, shall provide that an employee or member whose insurance under the group policy has been terminated for any reason, including discontinuance of the group policy in its entirety or with respect to an insured class, and who has been continuously insured under the group policy, and under any group policy providing similar benefits that the terminated group policy replaced, for at least 3 months immediately prior to termination, shall be entitled to have issued to him or her by the insurer a policy or certificate of health insurance, referred to in this section as a “converted policy.” A group insurer may meet the requirements of this section by contracting with another insurer, authorized in this state, to issue an individual converted policy, which policy has been approved by the office under s.

627.410.

An employee or member shall not be entitled to a converted policy if termination of his or her insurance under the group policy occurred because he or she failed to pay any required contribution, or because any discontinued group coverage was replaced by similar group coverage within 31 days after discontinuance.

(8) BENEFITS OFFERED.— (b) An insurer shall offer the benefits specified in s.

627.4193 s.

627.668 and the benefits specified in s.

627.669 if those benefits were provided in the group plan.

Section 9. Section 627.668, Florida Statutes, is transferred, renumbered as section 627.4193, Florida Statutes, and amended to read:

627.4193 627.668 Requirements for mental health and substance use disorder benefits;

reporting requirements Optional coverage for mental and nervous disorders required;

exception.— (1) Every insurer issuing, delivering, or issuing for delivery comprehensive major medical individual or, health maintenance organization, and nonprofit hospital and medical service plan corporation transacting group health insurance policies or providing prepaid health care in this state must comply with the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) and any regulations relating to MHPAEA, including, but not limited to, 45 C.F.R.

s.

146.136, 45 C.F.R.

s.

147.160, and 45 C.F.R.

s.

156.115(a)(3);

and must provide shall make available to the policyholder as part of the application, for an appropriate additional premium under a group hospital and medical expense incurred insurance policy, under a group prepaid health care contract, and under a group hospital and medical service plan contract, the benefits or level of benefits specified in subsection (2) for the medically necessary care and treatment of mental and nervous disorders, including substance use disorders, as described defined in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by standard nomenclature of the American Psychiatric Association, subject to the right of the applicant for a group policy or contract to select any alternative benefits or level of benefits as may be offered by the insurer, health maintenance organization, or service plan corporation provided that, if alternate inpatient, outpatient, or partial hospitalization benefits are selected, such benefits shall not be less than the level of benefits required under paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c), respectively.

(2) Under individual or group policies described in subsection (1) or contracts, inpatient hospital benefits, partial hospitalization benefits, and outpatient benefits consisting of durational limits, dollar amounts, deductibles, and coinsurance factors may not be provided in a manner that is more restrictive than medical and surgical benefits, and limits on the scope or duration of treatments which are not expressed numerically, also known as nonquantitative treatment limitations, must be provided in a manner that is comparable and may not be applied more stringently than limits on medical and surgical benefits, in accordance with 45 C.F.R.

s.

146.136(c)(2), (3), and (4) shall not be less favorable than for physical illness generally, except that:

(a) Inpatient benefits may be limited to not less than 30 days per benefit year as defined in the policy or contract.

If inpatient hospital benefits are provided beyond 30 days per benefit year, the durational limits, dollar amounts, and coinsurance factors thereto need not be the same as applicable to physical illness generally.

(b) Outpatient benefits may be limited to $1,000 for consultations with a licensed physician, a psychologist licensed pursuant to chapter 490, a mental health counselor licensed pursuant to chapter 491, a marriage and family therapist licensed pursuant to chapter 491, and a clinical social worker licensed pursuant to chapter 491.

If benefits are provided beyond the $1,000 per benefit year, the durational limits, dollar amounts, and coinsurance factors thereof need not be the same as applicable to physical illness generally.

(c) Partial hospitalization benefits shall be provided under the direction of a licensed physician.

For purposes of this part, the term “partial hospitalization services” is defined as those services offered by a program that is accredited by an accrediting organization whose standards incorporate comparable regulations required by this state.

Alcohol rehabilitation programs accredited by an accrediting organization whose standards incorporate comparable regulations required by this state or approved by the state and licensed drug abuse rehabilitation programs shall also be qualified providers under this section.

In a given benefit year, if partial hospitalization services or a combination of inpatient and partial hospitalization are used, the total benefits paid for all such services may not exceed the cost of 30 days after inpatient hospitalization for psychiatric services, including physician fees, which prevail in the community in which the partial hospitalization services are rendered.

If partial hospitalization services benefits are provided beyond the limits set forth in this paragraph, the durational limits, dollar amounts, and coinsurance factors thereof need not be the same as those applicable to physical illness generally.

(3) Insurers must maintain strict confidentiality regarding psychiatric and psychotherapeutic records submitted to an insurer for the purpose of reviewing a claim for benefits payable under this section.

These records submitted to an insurer are subject to the limitations of s.

456.057, relating to the furnishing of patient records.

(4) Every insurer shall submit an annual affidavit attesting to compliance with the applicable provisions of the MHPAEA.

(5) The office shall implement and enforce applicable provisions of MHPAEA and federal guidance or regulations relating to MHPAEA, including, but not limited to, 45 C.F.R.

s.

146.136, 45 C.F.R.

s.

147.160, and 45 C.F.R.

s.

156.115(a)(3), and this section.

(6) The Financial Services Commission may adopt rules to implement this section.

Section 10. Section 627.669, Florida Statutes, is repealed.

Section 11. Present subsection (17) of section 627.6699, Florida Statutes, is redesignated as subsection (18), and a new subsection (17) is added to that section, to read:

627.6699 Employee Health Care Access Act.— (17) MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS.—A health benefit plan that provides coverage to employees of a small employer is subject to s.

627.4193.

Section 12. Subsection (9) is added to section 641.26, Florida Statutes, to read:

641.26 Annual and quarterly reports.— (9) Every health maintenance organization issuing, delivering, or issuing for delivery contracts providing comprehensive major medical coverage shall annually submit an affidavit to the office attesting to compliance with the requirements of s.

627.4193.

The office may adopt rules to implement this subsection.

Section 13. Subsection (48) is added to section 641.31, Florida Statutes, to read:

641.31 Health maintenance contracts.— (48) All health maintenance contracts that provide comprehensive medical coverage must comply with the coverage provisions of s.

627.4193.

The commission may adopt rules to implement this subsection.

Section 14. Section 786.1516, Florida Statutes, is created to read:

Section 14. Subsection15. Present (14)subsection (28) of section 916.106,1002.33, Florida Statutes, is amendedredesignated as subsection (29), and a new subsection (28) is added to that section, to read:

916.106 Definitions.—For the purposes of this chapter, the term:

(14) “Mental illness” means an impairment of the emotional processes that exercise conscious control of one’s actions, or of the ability to perceive or understand reality, which impairment substantially interferes with the defendant’s ability to meet the ordinary demands of living.

For the purposes of this chapter, the term does not apply to defendants who have only an intellectual disability or autism or a defendant with traumatic brain injury or dementia who lacks a co-occurring mental illness, and does not include intoxication or conditions manifested only by antisocial behavior or substance abuse impairment.

Section 15. Subsection (2) of section 916.13, Florida Statutes, is amended to read:

916.13 Involuntary commitment of defendant adjudicated incompetent.— (2) A defendant who has been charged with a felony, and who has been adjudicated incompetent to proceed due to mental illness, and who meets the criteria for involuntary commitment under this chapter, may be committed to the department, and the department shall retain and treat the defendant.

Within 2 business days after receipt of a commitment order and other required documents as stipulated in rule, the department must request from the jail any and all medical information pertaining to the defendant.

Within 3 business days after receipt of such a request, the jail shall provide such information to the department.

(a) Within 6 months after the date of admission and at the end of any period of extended commitment, or at any time the administrator or his or her designee determines that the defendant has regained competency to proceed or no longer meets the criteria for continued commitment, the administrator or designee shall file a report with the court pursuant to the applicable Florida Rules of Criminal Procedure.

(b) A competency hearing must shall be held within 30 days after the court receives notification that the defendant is competent to proceed or no longer meets the criteria for continued commitment.

The defendant must be transported to the committing court’s jurisdiction for the hearing.

If the defendant is receiving psychotropic medication at a mental health facility at the time he or she is discharged and transferred to the jail, the administering of such medication must continue unless the jail physician documents the need to change or discontinue it.

The jail and department physicians shall collaborate to ensure that medication changes do not adversely affect the defendant’s mental health status or his or her ability to continue with court proceedings;

however, the final authority regarding the administering of medication to an inmate in jail rests with the jail physician.

Section 16. Subsections (3) and (5) of section 916.15, Florida Statutes, are amended to read:

916.15 Involuntary commitment of defendant adjudicated not guilty by reason of insanity.— (3) Every defendant acquitted of criminal charges by reason of insanity and found to meet the criteria for involuntary commitment may be committed and treated in accordance with the provisions of this section and the applicable Florida Rules of Criminal Procedure.

The department shall admit a defendant so adjudicated to an appropriate facility or program for treatment and shall retain and treat such defendant.

No later than 6 months after the date of admission, prior to the end of any period of extended commitment, or at any time that the administrator or his or her designee determines shall have determined that the defendant no longer meets the criteria for continued commitment placement, the administrator or designee shall file a report with the court pursuant to the applicable Florida Rules of Criminal Procedure.

Within 2 business days after receipt of a commitment order and other required documents as stipulated in rule, the department must request from the jail any and all medical information pertaining to the defendant.

Within 3 business days after receipt of such a request, the jail shall provide such information to the department.

(5) The commitment hearing shall be held within 30 days after the court receives notification that the defendant no longer meets the criteria for continued commitment.

The defendant must be transported to the committing court’s jurisdiction for the hearing.

If the defendant is receiving psychotropic medication at a mental health facility at the time he or she is discharged and transferred to the jail, the administering of such medication must continue unless the jail physician documents the need to change or discontinue it.

The jail and department physicians shall collaborate to ensure that medication changes do not adversely affect the defendant’s mental health status or his or her ability to continue with court proceedings;

however, the final authority regarding the administering of medication to an inmate in jail rests with the jail physician.

Section 17. Present subsection (28) of section 1002.33, Florida Statutes, is redesignated as subsection (29), and a new subsection (28) is added to that section, to read:

Section 18. Subsections16. Subsections (2) and (3) of section 1012.583, Florida Statutes, are amended to read:

Section 19. Paragraph17. Paragraphs (a) and (c) of subsection (3) of section 39.407,394.495, Florida Statutes, isare amended to read:

39.407 Medical, psychiatric, and psychological examination and treatment of child;

physical, mental, or substance abuse examination of person with or requesting child custody.— (3)(a)1. Except as otherwise provided in subparagraph (b)1.

or paragraph (e), before the department provides psychotropic medications to a child in its custody, the prescribing physician or a psychiatric nurse, as defined in s.

394.455, shall attempt to obtain express and informed consent, as defined in s.

394.455(16) s.

394.455(15) and as described in s.

394.459(3)(a), from the child’s parent or legal guardian.

The department must take steps necessary to facilitate the inclusion of the parent in the child’s consultation with the physician or psychiatric nurse, as defined in s.

394.455.

However, if the parental rights of the parent have been terminated, the parent’s location or identity is unknown or cannot reasonably be ascertained, or the parent declines to give express and informed consent, the department may, after consultation with the prescribing physician or psychiatric nurse, as defined in s.

394.455, seek court authorization to provide the psychotropic medications to the child.

Unless parental rights have been terminated and if it is possible to do so, the department shall continue to involve the parent in the decisionmaking process regarding the provision of psychotropic medications.

If, at any time, a parent whose parental rights have not been terminated provides express and informed consent to the provision of a psychotropic medication, the requirements of this section that the department seek court authorization do not apply to that medication until such time as the parent no longer consents.

2. Any time the department seeks a medical evaluation to determine the need to initiate or continue a psychotropic medication for a child, the department must provide to the evaluating physician or psychiatric nurse, as defined in s.

394.455, all pertinent medical information known to the department concerning that child.

Section 20. Subsection (3) of section 394.495, Florida Statutes, are amended to read:

(b) A(c) A professionalperson licensedwho is under chapterthe 491;direct supervision of a qualified professional as defined in s.

or (c) A person who is under the direct supervision of a qualified professional as defined in s.

Section 21. Subsection18. Subsection (5) of section 394.496, Florida Statutes, is amended to read:

Section 22.  Paragraph19. Subsection (a)(6) of subsection (1) of section 394.674,394.9085, Florida Statutes, is amended to read:

394.674 Eligibility for publicly funded substance abuse and mental health services;

fee collection requirements.— (1) To be eligible to receive substance abuse and mental health services funded by the department, an individual must be a member of at least one of the department’s priority populations approved by the Legislature.

The priority populations include:

(a) For adult mental health services:

1. Adults who have severe and persistent mental illness, as designated by the department using criteria that include severity of diagnosis, duration of the mental illness, ability to independently perform activities of daily living, and receipt of disability income for a psychiatric condition.

Included within this group are:

a. Older adults in crisis.

b. Older adults who are at risk of being placed in a more restrictive environment because of their mental illness.

c. Persons deemed incompetent to proceed or not guilty by reason of insanity under chapter 916.

d. Other persons involved in the criminal justice system.

e. Persons diagnosed as having co-occurring mental illness and substance abuse disorders.

2. Persons who are experiencing an acute mental or emotional crisis as defined in s.

394.67(18) s.

394.67(17).

Section 23. Subsection (3) of section 394.74, Florida Statutes, is amended to read:

394.74 Contracts for provision of local substance abuse and mental health programs.— (3) Contracts shall include, but are not limited to:

(a) A provision that, within the limits of available resources, substance abuse and mental health crisis services, as defined in s.

394.67(4) s.

394.67(3), shall be available to any individual residing or employed within the service area, regardless of ability to pay for such services, current or past health condition, or any other factor;

(b) A provision that such services be available with priority of attention being given to individuals who exhibit symptoms of chronic or acute substance abuse or mental illness and who are unable to pay the cost of receiving such services;

(c) A provision that every reasonable effort to collect appropriate reimbursement for the cost of providing substance abuse and mental health services to persons able to pay for services, including first-party payments and third-party payments, shall be made by facilities providing services pursuant to this act;

(d) A program description and line-item operating budget by program service component for substance abuse and mental health services, provided the entire proposed operating budget for the service provider will be displayed;

(e) A provision that client demographic, service, and outcome information required for the department’s Mental Health and Substance Abuse Data System be submitted to the department by a date specified in the contract.

The department may not pay the provider unless the required information has been submitted by the specified date;

and (f) A requirement that the contractor must conform to department rules and the priorities established thereunder.

Section 24. Subsection (6) of section 394.9085, Florida Statutes, is amended to read:

397.311(26)(a)3.

ss.

Section 25. Paragraph20. Paragraph (b) of subsection (1) of section 409.972, Florida Statutes, is amended to read:

Section 26. Paragraph21. Paragraph (e) of subsection (4) of section 464.012, Florida Statutes, is amended to read:

Section 27. Subsection22. Subsection (7) of section 744.2007, Florida Statutes, is amended to read:

Section 28. The23. The Office of Program Policy Analysis and Government Accountability shall perform a review of suicide prevention programs and efforts made by other states and make recommendations on their applicability to this state.

Section 29. For24. This theact 2020-2021shall fiscaltake year,effect theJuly sums1, of2020. $418,036 in recurring funds and $8,896 in nonrecurring funds are appropriated from the General Revenue Fund to the Department of Children and Families, and two full-time equivalent positions with associated salary rate of 90,384 are authorized, for the purpose of implementing the requirements of this act.

Section 30. This act shall take effect July 1, 2020.