Fla. Stat. § 397.301
Short title
This act may be cited as the “Hal S. Marchman Alcohol and Other Drug Services Act.”
Florida Statutes Chapter 397 — SUBSTANCE ABUSE SERVICES
Florida · statute · Fla. Stat. ch. 397 · 81 active provisions
Fla. Stat. § 397.305
Legislative findings, intent, and purpose
(1) Substance abuse is a major health problem that affects multiple service systems and leads to such profoundly disturbing consequences as serious impairment, chronic addiction, criminal behavior, vehicular casualties, spiraling health care costs, AIDS, and business losses, and significantly affects the culture, socia…
Fla. Stat. § 397.311
Definitions
As used in this chapter, except part VIII, the term:(1) “Ancillary services” are services that include, but are not limited to, special diagnostic, prenatal and postnatal, other medical, mental health, legal, economic, vocational, employment, and educational services.(2) “Authorized agent of the department” means a per…
Fla. Stat. § 397.321
Duties of the department
The department shall:(1) Develop a comprehensive state plan for the provision of substance abuse services. The plan must include:(a) Identification of incidence and prevalence of problems related to substance abuse.(b) Description of current services.(c) Need for services.(d) Cost of services.(e) Priorities for funding…
Fla. Stat. § 397.333
Statewide Drug Policy Advisory Council
(1)(a) The Statewide Drug Policy Advisory Council shall be located in the Department of Health. The Surgeon General or his or her designee shall be a nonvoting, ex officio member of the advisory council and shall act as chairperson. The director of the Office of Planning and Budgeting or his or her designee shall be a…
Fla. Stat. § 397.334
Treatment-based drug court programs
(1) Each county may fund a treatment-based drug court program under which persons in the justice system assessed with a substance abuse problem will be processed in such a manner as to appropriately address the severity of the identified substance abuse problem through treatment services tailored to the individual need…
Fla. Stat. § 397.335
Statewide Council on Opioid Abatement
(1) ESTABLISHMENT.—The Statewide Council on Opioid Abatement, an advisory council as defined in s. 20.03(7), is created within the department for the purpose of enhancing the development and coordination of state and local efforts to abate the opioid epidemic and to support the victims and families of the crisis.(2) ME…
Fla. Stat. § 397.341
Transportation of individuals by law enforcement officers
A law enforcement officer transporting an individual pursuant to this chapter shall restrain that individual in the least restrictive manner available and appropriate under the circumstances.
Fla. Stat. § 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. 775.084.(3) The department may maintain an…
Fla. Stat. § 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 Feder…
Fla. Stat. § 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 s…
Fla. Stat. § 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 o…
Fla. Stat. § 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(27) which are operated by a licensee. The fees from the licensure of service components are su…
Fla. Stat. § 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 unde…
Fla. Stat. § 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 o…
Fla. Stat. § 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(27), 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…
Fla. Stat. § 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…
Fla. Stat. § 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 service provider must upd…
Fla. Stat. § 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 autho…
Fla. Stat. § 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…
Fla. Stat. § 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 thi…
Fla. Stat. § 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…
Fla. Stat. § 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) A service provider operating in violation of…
Fla. Stat. § 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 authorized personal represent…
Fla. Stat. § 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.
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