Florida 2022 Regular Session Status: In Committee Bipartisan · 5 D · 2 R cosponsors

HB 795 — Peer Specialists

Last action — Laid on Table; companion bill(s) passed, see CS/SB 282 (Ch. 2022-13)

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Peer Specialists; Provides peer specialists are essential element of coordinated system of care in recovery from substance use disorder or mental illness; revises background screening requirements for peer specialists; revises requirements for certification as peer specialist; requires DCF to develop training program for peer specialists.

Bill Text

What changed in the latest version

449 added · 461 removed

449 line(s) added, 461 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB795 2022 A bill to be entitled An act relating to peer specialists;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB795 2022 A bill to be entitled An act relating to peer specialists;
requiring that a person providing recovery support services be certified or be supervised by a licensed Page 1of 18 CODING:
requiring that a peer specialist providing recovery support services be certified or be supervised by a Page 1of 17 CODING:
hb0795-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB795 2022 behavioral health care professional or a certain certified peer specialist;
hb0795-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB795 2022 licensed behavioral health care professional or a certain certified peer specialist;
authorizing the department, a behavioral health managing entity, or the Medicaid program to reimburse recovery support services as a recovery service;
encouraging Medicaid managed care plans to use peer specialists in providing recovery services;
authorizing a person who does not meet background screening requirements to request an exemption from disqualification from the department or Page 2of 18 CODING:
authorizing a person who does not meet background screening requirements to request an exemption from disqualification from the department or the agency;
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hb0795-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB795 2022 the agency;
Be It Enacted by the Legislature of the State of Florida:
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hb0795-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB795 2022 Be It Enacted by the Legislature of the State of Florida:
The department's assessment shall consider, at a minimum, the needs assessments conducted by the Page 3of 18 CODING:
The department's assessment shall consider, at a minimum, the needs assessments conducted by the managing entities pursuant to s.
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hb0795-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB795 2022 managing entities pursuant to s.
(2) The essential elements of a coordinated system of care include:
(2) The essential elements of a coordinated system of care Page 3of 17 CODING:
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hb0795-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB795 2022 include:
Such a grant must be Page 4of 18 CODING:
Such a grant must be awarded through a performance-based contract that links payments to the documented and measurable achievement of system improvements.
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hb0795-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB795 2022 awarded through a performance-based contract that links payments to the documented and measurable achievement of system improvements.
397.4073 Background checks of service provider personnel.— (1) PERSONNEL BACKGROUND CHECKS;
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hb0795-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB795 2022 397.4073 Background checks of service provider personnel.— (1) PERSONNEL BACKGROUND CHECKS;
397.417(5) level 2 background screening as provided under s.
397.417(4) level 2 background screening as provided under s.
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(g) If 5 years or more, or 3 years or more in the case of a certified peer specialist or an individual seeking certification as a peer specialist pursuant to s.
397.417, have elapsed since an applicant for an exemption from disqualification has completed or has been lawfully released Page 5of 17 CODING:
hb0795-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB795 2022 (g) If 5 years or more, or 3 years or more in the case of a certified peer specialist or an individual seeking certification as a peer specialist pursuant to s.
hb0795-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB795 2022 from confinement, supervision, or a nonmonetary condition imposed by a court for the applicant's most recent disqualifying offense, the applicant may work with adults with substance use disorders, mental health disorders, or co-occurring disorders under the supervision of persons who meet all personnel requirements of this chapter for up to 180 90 days after being notified of his or her disqualification or until the department makes a final determination regarding his or her request for an exemption from disqualification, whichever is earlier.
397.417, have elapsed since an applicant for an exemption from disqualification has completed or has been lawfully released from confinement, supervision, or a nonmonetary condition imposed by a court for the applicant's most recent disqualifying offense, the applicant may work with adults with substance use disorders, mental health disorders, or co-occurring disorders under the supervision of persons who meet all personnel requirements of this chapter for up to 180 90 days after being notified of his or her disqualification or until the department makes a final determination regarding his or her request for an exemption from disqualification, whichever is earlier.
Peer specialists provide effective support services Page 6of 18 CODING:
Peer specialists provide effective support services because they share common life experiences with the persons they assist.
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hb0795-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB795 2022 because they share common life experiences with the persons they assist.
Research has shown that peer support facilitates recovery and reduces health care costs.
Research has shown that peer support facilitates Page 6of 17 CODING:
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hb0795-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB795 2022 recovery and reduces health care costs.
(b) To obtain certification as a peer specialist, a person must complete the training program developed under subsection (3), achieve a passing score on the competency exam described in paragraph (3)(a), and meet the background screening requirements specified in subsection (5).
(b) To obtain certification as a peer specialist, a person must complete the training program developed under subsection (3), achieve a passing score on the competency exam described in paragraph (3)(a), and meet the background screening requirements specified in subsection (4).
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(3) DUTIES OF THE DEPARTMENT.— (a) The department shall develop a training program for persons seeking certification as peer specialists.
The department must give preference to trainers who are certified peer specialists.
The training program must coincide with a Page 7of 17 CODING:
hb0795-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB795 2022 (3) DUTIES OF THE DEPARTMENT.— (a) The department shall develop a training program for persons seeking certification as peer specialists.
hb0795-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB795 2022 competency exam and be based on current practice standards.
The department must give preference to trainers who are certified peer specialists.
The training program must coincide with a competency exam and be based on current practice standards.
Background screening required for achieving certification must be conducted as provided in subsection (5) and may not be conducted by third- party credentialing entities.
Background screening required for achieving certification must be conducted as provided in subsection (4) and may not be conducted by third- party credentialing entities.
(c) The department shall require that a person providing recovery support services be certified;
(c) The department shall require that a peer specialist providing recovery support services be certified;
however, an individual who is not certified may provide recovery support services as a peer specialist for up to 1 year if he or she is working toward certification and is supervised by a qualified professional or by a certified peer specialist who has at least 2 years of full- time experience as a peer specialist at a licensed behavioral health organization.
however, an individual who is not certified may provide recovery support services as a peer specialist for up to 1 year if he or she is working toward certification and is supervised by a qualified professional or by a certified peer specialist who has at least 2 years of full-time experience as a peer specialist at a licensed behavioral health organization.
(4) PAYMENT.—Recovery support services may be reimbursed Page 8of 18 CODING:
(4) BACKGROUND SCREENING.— (a) A peer specialist, or an individual who is working toward certification and providing recovery support services as provided in subsection (3), must have completed or have been lawfully released from confinement, supervision, or any nonmonetary condition imposed by the court for any felony and Page 8of 17 CODING:
hb0795-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB795 2022 as a recovery service through the department, a behavioral health managing entity, or the Medicaid program.
hb0795-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB795 2022 must undergo a background screening as a condition of initial and continued employment.
Medicaid managed care plans are encouraged to use peer specialists in providing recovery services.
(5) BACKGROUND SCREENING.— (a) A peer specialist, or an individual who is working toward certification and providing recovery support services as provided in subsection (3), must have completed or have been lawfully released from confinement, supervision, or any nonmonetary condition imposed by the court for any felony and must undergo a background screening as a condition of initial and continued employment.
943.053(3)(e) for records provided to persons or entities other than those Page 9of 18 CODING:
943.053(3)(e) for records provided to persons or entities other than those specified as exceptions therein.
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hb0795-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB795 2022 specified as exceptions therein.
(b) The department or the Agency for Health Care Administration, as applicable, may contract with one or more vendors to perform all or part of the electronic fingerprinting pursuant to this section.
(b) The department or the Agency for Health Care Administration, as applicable, may contract with one or more Page 9of 17 CODING:
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hb0795-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB795 2022 vendors to perform all or part of the electronic fingerprinting pursuant to this section.
(d) The background screening conducted under this Page 10 of18 CODING:
(d) The background screening conducted under this subsection must ensure that a peer specialist has not, during the previous 3 years, been arrested for and is awaiting final disposition of, been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or been adjudicated delinquent and the record has not been sealed or expunged for, any felony.
(e) The background screening conducted under this subsection must ensure that a peer specialist has not been arrested for and is awaiting final disposition of, been found guilty of, regardless of adjudication, or entered a plea of nolo Page 10 of17 CODING:
hb0795-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB795 2022 subsection must ensure that a peer specialist has not, during the previous 3 years, been arrested for and is awaiting final disposition of, been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or been adjudicated delinquent and the record has not been sealed or expunged for, any felony.
hb0795-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB795 2022 contendere or guilty to, or been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following state laws or similar laws of another jurisdiction:
(e) The background screening conducted under this subsection must ensure that a peer specialist has not been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following state laws or similar laws of another jurisdiction:
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6.
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hb0795-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB795 2022 6.
10.
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hb0795-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB795 2022 10.
Section 787.04(3), relating to leading, taking, enticing, or removing a minor beyond state limits, or concealing the location of a minor, with criminal intent pending dependency proceedings or proceedings concerning alleged abuse or neglect Page 12 of18 CODING:
Section 787.04(3), relating to leading, taking, enticing, or removing a minor beyond state limits, or concealing the location of a minor, with criminal intent pending dependency proceedings or proceedings concerning alleged abuse or neglect of a minor.
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hb0795-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB795 2022 of a minor.
21.
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hb0795-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB795 2022 21.
Section 810.145, relating to video voyeurism, if the Page 13 of18 CODING:
Section 810.145, relating to video voyeurism, if the offense was a felony.
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hb0795-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB795 2022 offense was a felony.
Section 817.234, relating to false and fraudulent insurance claims, if the offense was a felony of the first or second degree.
Section 817.234, relating to false and fraudulent Page 13 of17 CODING:
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hb0795-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB795 2022 insurance claims, if the offense was a felony of the first or second degree.
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42.
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hb0795-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB795 2022 42.
47.
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hb0795-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB795 2022 47.
Section 874.05, relating to encouraging or recruiting Page 15 of18 CODING:
Section 874.05, relating to encouraging or recruiting another to join a criminal gang.
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hb0795-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB795 2022 another to join a criminal gang.
Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct.
Section 916.1075, relating to sexual misconduct with Page 15 of17 CODING:
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hb0795-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB795 2022 certain forensic clients and reporting of such sexual misconduct.
(6) EXEMPTION REQUESTS.—A person who wishes to become a peer specialist and is disqualified under subsection (5) may request an exemption from disqualification pursuant to s.
(5) EXEMPTION REQUESTS.—A person who wishes to become a peer specialist and is disqualified under subsection (4) may request an exemption from disqualification pursuant to s.
435.07 Page 16 of18 CODING:
435.07 from the department or the Agency for Health Care Administration, as applicable.
(6) GRANDFATHER CLAUSE.—A peer specialist certified as of July 1, 2022, is deemed to satisfy the requirements of this section.
(1) An individual may seek certification as a peer specialist if he or she has been in recovery from a substance use disorder or mental illness for at least 2 years, or if he or she has at least 2 years of experience as a family member or Page 16 of17 CODING:
hb0795-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB795 2022 from the department or the Agency for Health Care Administration, as applicable.
hb0795-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB795 2022 caregiver of a person with a substance use disorder or mental illness.
(7) GRANDFATHER CLAUSE.—A peer specialist certified as of July 1, 2022, is deemed to satisfy the requirements of this section.
(1) An individual may seek certification as a peer specialist if he or she has been in recovery from a substance use disorder or mental illness for at least 2 years, or if he or she has at least 2 years of experience as a family member or caregiver of a person with a substance use disorder or mental illness.
An individual who is not certified may provide recovery support services as a peer specialist for Page 17 of18 CODING:
An individual who is not certified may provide recovery support services as a peer specialist for up to 1 year if he or she is working toward certification and is supervised by a qualified professional or by a certified peer specialist who has at least 3 years of full-time experience as a peer specialist at a licensed behavioral health organization.
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hb0795-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB795 2022 up to 1 year if he or she is working toward certification and is supervised by a qualified professional or by a certified peer specialist who has at least 3 years of full-time experience as a peer specialist at a licensed behavioral health organization.
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hb0795-00
hb0795-01-c1
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Action History

  1. Laid on Table; companion bill(s) passed, see CS/SB 282 (Ch. 2022-13)

  2. Substituted CS/SB 282

  3. Bill added to Special Order Calendar (2/22/2022)

  4. Added to Second Reading Calendar

  5. Bill released to House Calendar

  6. Reported out of Health & Human Services Committee

  7. Favorable by Health & Human Services Committee

  8. Added to Health & Human Services Committee agenda

  9. Now in Health & Human Services Committee

  10. Referred to Health & Human Services Committee

  11. Original reference removed: Health Care Appropriations Subcommittee

  12. 1st Reading (Committee Substitute 1)

  13. CS Filed

  14. Laid on Table under Rule 7.18(a)

  15. Reported out of Children, Families & Seniors Subcommittee

  16. Favorable with CS by Children, Families & Seniors Subcommittee

  17. Added to Children, Families & Seniors Subcommittee agenda

  18. 1st Reading (Original Filed Version)

  19. Now in Children, Families & Seniors Subcommittee

  20. Referred to Health & Human Services Committee

  21. Referred to Health Care Appropriations Subcommittee

  22. Referred to Children, Families & Seniors Subcommittee

  23. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 7 co-sponsors · 154 not signed on

Sponsors (3)

Co-sponsors (7)

Not signed on (154)

154 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable (Health & Human Services Committee)

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 11001
Unaffiliated 4000
Democrat 5000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Altman — Yea
Brown — Yea
Duran — Yea
Grant — Yea
Davis, Tracie Democrat Yea
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Skidmore, Kelly Democrat Yea
Tant, Allison Democrat Yea
Botana, Adam Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
Garrison, Sam Republican Yea
Koster, Traci Republican Yea
Massullo, Ralph E., Jr. Republican Yea
Melo, Lauren Republican Yea
Persons-Mulicka, Jenna Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Sirois, Tyler I. Republican Yea
Yarborough, Clay Republican Not Voting

Official roll call →

Favorable With Committee Substitute (Children, Families & Seniors Subcommittee)

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Democrat 4000
Republican 6000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Aloupis — Yea
Altman — Yea
Fischer — Yea
Killebrew — Not Voting
Roach — Yea
Roth — Yea
Williams — Yea
Bartleman, Robin Democrat Yea
Joseph, Dotie Democrat Yea
Robinson, Felicia Simone Democrat Yea
Woodson, Marie Paule Democrat Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Trabulsy, Dana Republican Yea
Valdés, Susan L. Republican Yea

Official roll call →

Subjects

healthcare labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 795 do?
Peer Specialists; Provides peer specialists are essential element of coordinated system of care in recovery from substance use disorder or mental illness; revises background screening requirements for peer specialists; revises requirements for certification as peer specialist; requires DCF to develop training program for peer specialists.
Who sponsors HB 795?
HB 795 is sponsored by Children, Families and Seniors Subcommittee, Fetterhoff, Hart-Lowman, Dianne "Ms Dee" (Democrat), Caruso, Hunschofsky, Christine (Democrat), Joseph, Dotie (Democrat), Smith, David (Republican), Valdés, Susan L. (Republican), Woodson, Marie Paule (Democrat), and Rayner, Michele K. (Democrat).
What is the current status of HB 795?
This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 795?
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