397.401 License required; penalty; injunction; rules waivers.— (1) It is unlawful for any person or agency to act as a substance abuse service provider unless it is licensed or exempt from licensure under this chapter. (2) A violation of subsection (1) is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. […]
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 […]
397.4014 Licensure and regulation of government-operated substance abuse programs.—Substance abuse programs operated directly or under contract by the department, the Department of Corrections, the Department of Juvenile Justice, any other state agency, or any local correctional agency or authority, which programs constitute any service provider licensable components as defined in this chapter, are subject to licensure […]
397.403 License application.— (1) Applicants for a license under this chapter must apply to the department on forms provided by the department and in accordance with rules adopted by the department. Applications must include at a minimum: (a) Information establishing the name and address of the applicant service provider and its director, and also of each member, owner, […]
397.407 Licensure process; fees.— (1) The department shall establish the licensure process to include fees and categories of licenses and must prescribe a fee range that is based, at least in part, on the number and complexity of programs listed in s. 397.311(26) which are operated by a licensee. The fees from the licensure of service components […]
397.4073 Background checks of service provider personnel.— (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND EXCEPTIONS.— (a) For all individuals screened on or after July 1, 2022, background checks shall apply as follows: 1. All owners, directors, chief financial officers, and clinical supervisors of service providers are subject to level 2 background screening as provided under s. 408.809 and chapter 435. […]
397.4075 Unlawful activities relating to personnel; penalties.—It is a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully, knowingly, or intentionally to: (1) Inaccurately disclose by false statement, misrepresentation, impersonation, or other fraudulent means, or fail to disclose, in any application for licensure or voluntary or paid employment, […]
397.410 Licensure requirements; minimum standards; rules.— (1) The department shall establish minimum requirements for licensure of each service component, as defined in s. 397.311(26), including, but not limited to: (a) Standards and procedures for the administrative management of the licensed service component, including procedures for recordkeeping, referrals, and financial management. (b) Standards consistent with clinical and treatment best practices […]
397.4103 Quality improvement programs.— (1) Each service provider must maintain a quality improvement program to objectively and systematically monitor and evaluate the appropriateness and quality of care, to ensure that services are rendered consistent with prevailing professional standards, and to identify and resolve problems. (2) For each service provider, a written plan must be developed with a copy […]
397.4104 Record of recovery residences used by service providers.— (1) By July 1, 2022, a service provider shall record in the department’s Provider Licensure and Designations System the name and location of each recovery residence that the service provider has referred patients to or received patients from and update the record with any changes that occur. A […]
397.411 Inspection; right of entry; classification of violations; records.— (1)(a) An authorized agent of the department may conduct announced or unannounced inspections, at any time, of a licensed service provider to determine whether it is in compliance with statutory and regulatory requirements, including, but not limited to, the minimum requirements for licensure in s. 397.410. (b) An authorized […]
397.415 Denial, suspension, and revocation; other remedies.— (1) If the department determines that an applicant or licensed service provider or licensed service component thereof is not in compliance with all statutory and regulatory requirements, the department may deny, suspend, revoke, or impose reasonable restrictions or penalties on the license or any portion of the license. In such […]
397.416 Substance abuse treatment services; qualified professional.—Notwithstanding any other provision of law, a person who was certified through a certification process recognized by the former Department of Health and Rehabilitative Services before January 1, 1995, may perform the duties of a qualified professional with respect to substance abuse treatment services as defined in this chapter, and […]
397.417 Peer specialists.— (1) LEGISLATIVE FINDINGS AND INTENT.— (a) The Legislature finds that: 1. The ability to provide adequate behavioral health services is limited by a shortage of professionals and paraprofessionals. 2. The state is experiencing an increase in opioid addictions, many of which prove fatal. 3. Peer specialists provide effective support services because they share common life experiences with the […]
397.427 Medication-assisted treatment service providers; rehabilitation program; needs assessment and provision of services; persons authorized to issue takeout medication; unlawful operation; penalty.— (1) Providers of medication-assisted treatment services for opiate addiction may not be licensed unless they provide supportive rehabilitation programs. Supportive rehabilitation programs include, but are not limited to, counseling, therapy, and vocational rehabilitation. (2) The department […]
397.431 Individual responsibility for cost of substance abuse impairment services.— (1) Before accepting an individual for admission and in accordance with confidentiality guidelines, both the full charge for services and the fee charged to the individual for such services under the provider’s fee system or payment policy must be disclosed to each individual or his or her […]
397.481 Applicability of Community Alcohol, Drug Abuse, and Mental Health Services Act.—All service providers as defined in and governed by this chapter are also subject to part IV of chapter 394, the Community Alcohol, Drug Abuse, and Mental Health Services Act. History.—s. 3, ch. 93-39.
397.482 Lawyer assistance programs; civil immunity.—A person who in good faith reports information or takes action in connection with a lawyer assistance program or a person who receives information in connection with a lawyer assistance program is immune from civil liability for reporting the information, taking the action, or taking no action, provided that such person […]
397.483 Lawyer assistance programs; presumption of good faith.—A member of a lawyer assistance program or a person reporting information to a lawyer assistance program is presumed to have acted in good faith and without malice. A person alleging lack of good faith has the burden of proving bad faith and malice. History.—s. 2, ch. 2001-240.
397.484 Lawyer assistance programs; persons entitled to immunity.—The civil immunity provided for in this act shall be liberally construed to accomplish the purposes of this act. The persons entitled to immunity under this act include: (1) Florida Lawyers Assistance, Inc., and other lawyer assistance programs approved by the Florida Supreme Court or The Florida Bar which provide […]
