Legislative Update
The FL State 2019 legislative session
NEWEST UPDATE:
Report on the Division of Medical Quality Assurance Annual Long Range Planning Meeting: Dr. Larry Barlow PhD, LMFT
Friday, October 18, 2019
Dr. Scott A. Rivkees
State Surgeon General
Friday I attended the Planning Meeting to represent MFTs in Florida. The lobbyist for FAMHCA was present but no one was there for Social Work. Below are few summaries of the reports.
Legislative: As we all know HB 23 on Telehealth passed this year and was signed into law effective July 1st. Now all of the Florida Medical Regulatory Boards have issued statements affirming that any licensed medical (health) provider may use “telehealth to deliver health care services within their profession’s scope of practice.” The App for out-of-state licensed health care professionals to register and be granted permission is now in rule making. There is also a telehealth website which defines terms in statutory language (http://laws.flrules.org/2019/137). Http://www.flhealthsource.gov/telehealth/
HB 451 requires health care practitioners to discuss nonopioid alternatives and provide a pamphlet to patients. You may download it at: http://www.floridahealth.gov/programs-and-services/non-opioid-pain-management/_documents/alternatives-facts-8.5x11-eng.pdf
SB 1418 requires “amending s. 34491.0147, F.S.; requiring certain license holders and 35certificate holders to disclose certain patient or 36client communications for purposes of notifying law 37enforcement agencies of certain threats;”
Proposed Legislation 2019:
HB 41/SB 180 Defines Conversion therapy and prohibits the practice of performing conversation therapy on a person under the age of 18.
SB 66/HB 77/HB 115 delete the authority for taking disciplinary action against health care practitioners who are in default on a student loan.
SB 230 amends various provisions of practice acts under MQA to streamline licensure and eliminate obsolete language (including 491).
Discipline Cases
Although most board inventory is down for Boards, our Board has been without a prosecuting attorney for two months. It appears due to the low market pay, the average tenure of staff attorneys at the Boards is11 months. So, this presents a challenge. But the DOH is working to reduce the inventory of year old cases. The Investigative Services units has 11 field offices in Florida to monitor and investigate cases. For priority cases they are completing those I 12 days within 85% and 99.8% within 90 days.
Customer Service Enhancements
The strategic goal of MQA is to reduce deficient applications by 50% in order to expedite the licensure process. Partially, they have enhance the customer self check to be more certain when they are “ready to apply.” MQA has enhance services by utilizing AI (artificial Intelligence).
ULA (Unlicensed Activity) last year received 1161 complaints; issued 593 Cease and Desists orders. 64% were referred to law enforcement.
Remember: "If you see something, say something"
1-877-HALT-ULA (1-877-425-8852)
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Changes to Chap 394 related to confidentiality and threats to others.
CS/CS/SB 1418 implements two recommendations of a Department of Children and Families (DCF) task force which has been studying the issue of Baker Act cases involving minors. The first of the specific recommendations contained in the CS encourages school districts to adopt a standardized suicide assessment tool that school‐based mental health professionals would implement prior to initiation of an involuntary examination. The second recommendation increases the number of days, from the next working day to five working days that the receiving facility has to submit forms to DCF, to allow DCF to capture data on whether the minor was admitted, released, or a petition filed with the court. The CS also increases data gathering on involuntary examinations and requires DCF to report every two years on its findings and recommendations related to involuntary examinations initiated on minors. The CS also requires that when a patient communicates a specific threat against an identifiable individual to a mental health service provider, the provider must release information from the clinical record of the patient sufficient to inform law enforcement of the potential threat. Proposed changes:
- requiring the release of confidential information from a patient’s clinical record sufficient to inform law enforcement of a specific threat to cause serious bodily injury or death to the individual. The threat must be communicated to law enforcement by the administrator of a mental health treatment facility or hospital once the patient has made the threat to a service provider at the facility or hospital, and law enforcement must notify potential victims of the threat. Also requiring a health care professional licensed under Chapter 491, Florida Statutes, to disclose patient communications to the extent necessary to warn law enforcement of a threat of serious bodily injury or death made by the patient of the threat. The CS also requires law enforcement to notify potential victims of the threat The CS provides that such disclosure of confidential communications may not be the basis of legal action or any civil or criminal liability against the health care professional.
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By Dr. Melinda Piller
January has been a very busy month for the Florida Legislature, as early filed bills are now referred to committees, where they will be reviewed and debated.
Last session, the FAMFT filed a comprehensive FS 491 revision, which addressed two major issues.
The first proposal addressed a statute update in educational requirements, so Florida law reflects current Marriage and Family Therapy higher education programs.
The second proposal addressed new streamlined requirements, experienced Marriage and Family therapists who wish to move to Florida, need to meet for licensure.
Our House sponsors, Representative Amy Mercado (D) and Senator Victor Torres (D), both from the Orlando area, have agreed to re-file our good bill this year. The House bill is HB 247. Our senate bill is in drafting.
We are also appreciative of Representative Tommy Gregory (R), a newly elected House member, from the Bradenton-Sarasota area, who agreed to sponsor the FS 491 Regulatory Board 2019 Legislative package. This package also includes our bill language (HB 509).
Please send them each a thank-you, via phone or a personal written note. Let them know how much their support, for Florida’s Marriage and Family Therapists, means to all citizens in need of mental health services.
Senator Torres’s District Office
101 Church Street Suite 305
Kissimmee, FL 34741
(407) 846-5187
Representative Mercado’s District Office Suite 101
6000 South Rio Grande Avenue
Orlando, FL 32809-4650
Phone: (407) 251-2388
Representative Gregory’s District Office
5228 East State Road 64
Bradenton, FL 34208-5524
Phone: (941) 708-5660
The following bills of interest are for your review and consideration:
HB 247: Marriage and Family Therapists
Marriage and Family Therapists; Provides equivalent education requirements for licensure by examination; removes certain education requirements for licensure or certification by endorsement.
Note: This is our bill. The Senate companion is still in bill drafting. This bill has three committees referrals
HB 509: Clinical Social Workers, Marriage and Family Therapists, and Mental Health Counselors
Clinical Social Workers, Marriage and Family Therapists, and Mental Health Counselors; Revises provisions relating to licensure & regulation of clinical social workers, marriage & family therapists, & mental health counselors; revises provisions relating to interns in mental health profession.
Note: This is the FS491 House bill, filed by a freshman legislator, which has our language included. This bill has not been referred to any committees at this point and does not have a Senate companion
HB 313: Marchman Act
Marchman Act; Revises provisions & terminology relating to petitions for involuntary assessment & stabilization & involuntary services for substance abuse impaired persons.
Note: This bill does not have a Senate companion. The bill has three committee referrals, including appropriations.
HB 307/SB 360: Insurance Coverage Parity for Mental Health and Substance Use Disorders
Insurance Coverage Parity for Mental Health and Substance Use Disorders; Requires managed care plans to submit annual report to AHCA relating to parity in mental health & substance use disorder benefits; requires certain insurers, HMOs, & nonprofit hospital & medical service plan corporations to comply with specified requirements for mental health & substance use disorder benefits; requires such entities to submit annual report to OIR containing specified information; requires OIR to issue report to Legislature; repeals provisions relating to optional coverage required for substance abuse impaired persons.
Note: This bill has three committee referrals, including appropriations
HB 361: Admission to Mental Health Facilities
Admission to Mental Health Facilities; Requires receiving facility to refer cases of certain minors admitted for mental health assessment for appointment of public defender within specified timeframe; requires hearings involving children under specified age to be conducted in physical presence of child; requires administrator to petition for voluntary placement within specified timeframe after person under age 18 is admitted for services or transferred to voluntary status; requires hearing within specified timeframe.
Note: This bill does not have a Senate companion and has not been referred to committees.
HB 363: Pub. Rec./Admission to Mental Health Facilities
Pub. Rec./Admission to Mental Health Facilities; Provides exemption from public records requirements for petitions for voluntary & involuntary admission for mental health treatment, court orders, related records, & personal identifying information regarding persons seeking mental health treatment & services; provides for retroactive application; provides for future review & repeal; provides statement of public necessity.
Note: This bill is filed by the same legislator, Representative Silvers, who also filed HB 361 above. This bill has not been referred to committees.
HB 369: Substance Abuse Services
Substance Abuse Services; Authorizes DCF & AHCA to grant exemptions from disqualification for service provider personnel to work solely in certain treatment programs, treatment facilities, or recovery residences; revises provisions relating to background checks & exemptions from disqualification for certain service provider personnel & owners, directors, & CFOs of recovery residences; provides qualifications for certification as peer specialist; authorizes DCF to approve certain credentialing entities to certify peer specialists; provides certain prohibitions & penalties; prohibits recovery residences from benefitting from certain referrals; requires DFS to establish uniform firesafety standards for recovery residences.
Note: This bill does not have a Senate companion and has not been referred to committee.
HB 2045: School Based Mental Health Pilot Project
School Based Mental Health Pilot Project; Provides an appropriation for the School Based Mental Health Pilot Project. APPROPRIATION: $973,099.00
Note: This bill does not have a Senate companion and has not been referred to committees. The House sponsor, Representative Silvers, also filed HB 361 and HB 363. Representative Silvers is a Democrat, from Palm Beach County and was elected to the House in 2016.
HB 499: Youth in Solitary Confinement
Youth in Solitary Confinement; Prohibits DOC or local governmental body from subjecting youth to solitary confinement; provides exceptions; provides requirements for such confinement when used.
Note: This bill does not have a Senate companion and has not been referred to committees.
SB 84/HB 109: Conversion Therapy
Conversion Therapy; Prohibiting a person who is licensed to provide professional counseling or a practitioner who is licensed under provisions regulating the practice of medicine, osteopathic medicine, psychology, clinical social work, marriage and family therapy, or mental health counseling from practicing or performing conversion therapy for an individual who is younger than a specified age; providing that such licensee or practitioner is subject to disciplinary proceedings by the Department of Health and the appropriate board under certain circumstances, etc.
Note: This bill has four committee referrals