Hal S. Marchman Alcohol and
Other Drug Services Act of 1993
Title XXIX
PUBLIC HEALTH Chapter
397
Substance Abuse Services View
Entire Chapter CHAPTER
397
SUBSTANCE ABUSE SERVICES
PART I
GENERAL PROVISIONS (ss. 397.301-397.333)
PART II
SERVICE PROVIDERS (ss. 397.401-397.481)
PART III
CLIENT RIGHTS (ss. 397.501, 397.581)
PART IV
VOLUNTARY ADMISSIONS PROCEDURES (s. 397.601)
PART V
INVOLUNTARY ADMISSIONS PROCEDURES (ss. 397.675-397.6977)
PART VI
LOCAL ORDINANCE PROHIBITION AND AUTHORIZATION;
ADMISSIONS PROCEDURES (ss. 397.701, 397.702)
PART VII
OFFENDER REFERRALS (ss. 397.705, 397.706)
PART VIII
INMATE SUBSTANCE ABUSE PROGRAMS (ss. 397.752-397.754)
PART IX
SERVICES COORDINATION (ss. 397.801-397.821)
PART X
JUVENILE EMERGENCY PROCEDURES AND
CHILDREN'S SUBSTANCE ABUSE SERVICES
(ss. 397.901-397.998)
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PART I
GENERAL PROVISIONS
397.301 Short title.
397.305 Legislative findings, intent, and purpose.
397.311 Definitions.
397.321 Duties of the department.
397.331 Definitions; legislative intent.
397.332 Office of Drug Control.
397.333 Statewide Drug Policy Advisory Council.
397.301 Short title.--This act may be cited as the "Hal
S. Marchman Alcohol and Other Drug Services Act of 1993."
History.--s. 2, ch. 93-39.
397.305 Legislative findings, intent, and purpose.--
(1) Substance abuse is a major health problem 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 profoundly affects the learning ability of children within our
schools and educational systems. Substance abuse impairment is a disease which
affects the whole family and the whole society and requires specialized
prevention, intervention, and treatment services that support and strengthen the
family unit. This chapter is designed to provide for substance abuse services.
(2) It is the purpose of this chapter to provide for a comprehensive
continuum of accessible and quality substance abuse prevention, intervention,
and treatment services in the least restrictive environment of optimum care that
protects and respects the rights of clients, especially for involuntary
admissions, primarily through community-based private not-for-profit providers
working with local governmental programs involving a wide range of agencies from
both the public and private sectors.
(3) It is the intent of the Legislature to ensure within available
resources a full continuum of substance abuse services based on projected
identified needs, delivered without discrimination and with adequate provision
for specialized needs.
(4) It is the goal of the Legislature to discourage substance abuse by
promoting healthy lifestyles and drug-free schools, workplaces, and communities.
(5) It is the purpose of the Legislature to integrate program evaluation
efforts, adequate administrative support services, and quality assurance
strategies with direct service provision requirements and to ensure funds for
these purposes.
(6) It is the intent of the Legislature to require the cooperation of
departmental programs, services, and program offices in achieving the goals of
this chapter and addressing the needs of clients.
(7) It is the intent of the Legislature to provide, for substance abuse
impaired adult and juvenile offenders, an alternative to criminal imprisonment
by encouraging the referral of such offenders to service providers not generally
available within the correctional system instead of or in addition to criminal
penalties.
(8) It is the intent of the Legislature to provide, within the limits of
appropriations and safe management of the correctional system, substance abuse
services to substance abuse impaired offenders who are incarcerated within the
Department of Corrections, in order to better enable these inmates to adjust to
the conditions of society presented to them when their terms of incarceration
end.
(9) It is the intent of the Legislature to provide for assisting substance
abuse impaired persons primarily through health and other rehabilitative
services in order to relieve the police, courts, correctional institutions, and
other criminal justice agencies of a burden that interferes with their ability
to protect people, apprehend offenders, and maintain safe and orderly
communities.
(10) It is the purpose of the Legislature to establish a clear framework
for the comprehensive provision of substance abuse services in the context of a
coordinated and orderly system.
(11) It is the intent of the Legislature that the freedom of religion of
all citizens shall be inviolate. Nothing in this act shall give any governmental
entity jurisdiction to regulate religious, spiritual, or ecclesiastical
services.
History.--s. 2, ch. 93-39.
397.311 Definitions.--As used in this chapter, except part VIII:
(1) "Ancillary services" are services which include, but are not
limited to, special diagnostic, prenatal and postnatal, other medical, mental
health, legal, economic, vocational, employment, and educational services.
(2) "Assessment" means the systematic evaluation of information
gathered to determine the nature and severity of the client's substance abuse
problem and the client's need and motivation for services. Assessment entails
the use of a psychosocial history supplemented, as required by rule, by medical
examinations, laboratory testing, and psychometric measures.
(3) "Authorized agent of the department" means a person
designated by the department to conduct any audit, inspection, monitoring,
evaluation, or other duty imposed upon the department pursuant to this chapter.
An authorized agent must be identified by the department as:
(a) Qualified by the requisite expertise and experience;
(b) Having a need to know the applicable information; and
(c) Having the assigned responsibility to carry out the applicable duty.
(4) "Background check" means reviewing the background of service
provider personnel who have direct contact with unmarried clients under the age
of 18 years or with clients who are developmentally disabled in accordance with
the provisions of s. 397.451, and includes, but is not limited to, local
criminal records checks through local law enforcement agencies, fingerprinting,
statewide criminal records checks through the Department of Law Enforcement,
federal criminal records checks through the Federal Bureau of Investigation, and
employment history checks.
(5) "Beyond the safe management capabilities of the service
provider" refers to a client who is in need of:
(a) Supervision;
(b) Medical care; or
(c) Services,
beyond that which the service provider or service component can deliver.
(6) "Client" means a recipient of alcohol or other drug services
delivered by a service provider but does not include an inmate pursuant to part
VIII unless expressly so provided.
(7) "Client identifying information" means the name, address,
social security number, fingerprints, photograph, and similar information by
which the identity of a client can be determined with reasonable accuracy and
speed either directly or by reference to other publicly available information.
(8) "Court" means, with respect to all involuntary proceedings
under this chapter, the circuit court of the county in which the judicial
proceeding is pending or where the substance abuse impaired person resides or is
located, and includes any general or special master that may be appointed by the
chief judge to preside over all or part of such proceeding. Otherwise,
"court" refers to the court of legal jurisdiction in the context in
which the term is used in this chapter.
(9) "Department" means the Department of Children and Family
Services.
(10) "Director" means the chief administrative officer of a
service provider.
(11) "Disclose" or "disclosure" means a communication
of client identifying information, the affirmative verification of another
person's communication of client identifying information, or the communication
of any information of a client who has been identified. Any disclosure made
pursuant to this chapter must be limited to that information which is necessary
to carry out the purpose of the disclosure.
(12) "Fee system" means a method of establishing charges for
services rendered, in accordance with a client's ability to pay, used by
providers that receive state funds.
(13) "For profit" means registered as for profit by the
Secretary of State and recognized by the Internal Revenue Service as a
for-profit entity.
(14) "Habitual abuser" means a person who is brought to the
attention of law enforcement for being substance impaired, who meets the
criteria for involuntary admission in s. 397.675, and who has been taken into
custody for such impairment three or more times during the preceding 12 months.
(15) "Hospital" means a hospital or hospital-based component
licensed under chapter 395.
(16) "Impaired" or "substance abuse impaired" means a
condition involving the use of alcoholic beverages or any psychoactive or
mood-altering substance in such a manner as to induce mental, emotional, or
physical problems and cause socially dysfunctional behavior.
(17) "Individualized treatment or service plan" means an
immediate and a long-range plan for substance abuse or ancillary services
developed on the basis of a client's assessed needs.
(18) "Law enforcement officer" means a law enforcement officer
as defined in s. 943.10(1).
(19) "Licensed service provider" means a public agency under
this chapter, a private for-profit or not-for-profit agency under this chapter,
a physician licensed under chapter 458 or chapter 459, or any other private
practitioner licensed under this chapter, or a hospital licensed under chapter
395, which offers substance abuse impairment services through one or more of the
following licensable service components:
(a) Addictions receiving facility, which is a community-based facility
designated by the department to receive, screen, and assess clients found to be
substance abuse impaired, in need of emergency treatment for substance abuse
impairment, or impaired by substance abuse to such an extent as to meet the
criteria for involuntary admission in s. 397.675, and to provide detoxification
and stabilization. An addictions receiving facility must be state-owned,
state-operated, or state-contracted, and licensed pursuant to rules adopted by
the department's Alcohol, Drug Abuse, and Mental Health Program Office which
include specific authorization for the provision of levels of care and a
requirement of separate accommodations for adults and minors. Addictions
receiving facilities are designated as secure facilities to provide an intensive
level of care and must have sufficient staff and the authority to provide
environmental security to handle aggressive and difficult-to-manage behavior and
deter elopement.
(b) Detoxification, which uses medical and psychological procedures and a
supportive counseling regimen to assist clients in managing toxicity and
withdrawing and stabilizing from the physiological and psychological effects of
substance abuse impairment.
(c) Residential treatment, which provides a structured, live-in
environment within a nonhospital setting on a 24-hours-a-day, 7-days-a-week
basis, and includes treatment, rehabilitation, and transitional care.
(d) Day and night treatment, which provides a nonresidential environment
with a structured schedule of treatment and rehabilitation services.
(e) Outpatient treatment, which provides individual, group, or family
counseling for clients by appointment during scheduled operating hours, with an
emphasis on assessment and treatment.
(f) Medication and methadone maintenance treatment that uses methadone or
other medication as authorized by state and federal law, in conjunction with
medical, rehabilitative, and counseling services in the treatment of clients who
are dependent upon opioid drugs.
(g) Prevention, which is a process involving strategies aimed at the
individual, the environment, or the substance, which strategies preclude,
forestall, or impede the development of substance abuse problems and promote
responsible personal and social growth of individuals and families toward full
human potential.
(h) Intervention, which consists of structured services targeted toward
individuals or groups at risk and focused on reducing those factors associated
with the onset or the early stages of substance abuse, and related problems.
(20) "Not for profit" means registered as not for profit by the
Secretary of State and recognized by the Internal Revenue Service as a
not-for-profit entity.
(21) "Physician" means a person licensed under chapter 458 to
practice medicine or licensed under chapter 459 to practice osteopathic
medicine, and may include, if the context so indicates, an intern or resident
enrolled in an intern or resident training program affiliated with an approved
medical school, hospital, or other facility through which training programs are
normally conducted.
(22) "Preliminary screening" means the gathering of initial
information to be used in determining a person's need for assessment or for
referral.
(23) "Private practitioner" means a physician licensed under
chapter 458 or chapter 459, a psychologist licensed under chapter 490, or a
clinical social worker, marriage and family therapist, or mental health
counselor licensed under chapter 491.
(24) "Program evaluation" or "evaluation" means a
systematic measurement of a service provider's achievement of desired client or
service outcomes.
(25) "Qualified professional" means a physician licensed under
chapter 458 or chapter 459; a professional licensed under chapter 490 or chapter
491; or a person who is certified through a department-recognized certification
process for substance abuse treatment services and who holds, at a minimum, a
bachelor's degree. A person who is certified in substance abuse treatment
services by a state-recognized certification process in another state at the
time of employment with a licensed substance abuse provider in this state may
perform the functions of a qualified professional as defined in this chapter but
must meet certification requirements contained in this subsection no later than
1 year after his or her date of employment.
(26) "Quality assurance" means the objective and internal
systematic monitoring of the appropriateness and quality of client care rendered
by a service provider.
(27) "Secure facility," except where the context indicates a
correctional system facility, means a provider that has the authority to deter
the premature departure of involuntary clients whose leaving constitutes a
violation of a court order or community-based supervision as provided by law.
The term "secure facility" includes addictions receiving facilities
and facilities authorized by local ordinance for the treatment of habitual
abusers.
(28) "Service provider" or "provider" means a public
agency, a private for-profit or not-for-profit agency, a person who is a private
practitioner, or a hospital, which agency, person, or hospital is licensed under
this chapter or exempt from licensure under this chapter.
(29) "Service provider personnel" or "personnel"
includes all owners, directors, staff, and volunteers, including foster parents,
of a service provider.
(30) "Stabilization" means:
(a) Alleviation of a crisis condition; or
(b) Prevention of further deterioration,
and connotes short-term emergency treatment.
History.--s. 2, ch. 93-39; s. 55, ch. 95-228; s. 1, ch. 98-107; s. 1, ch.
98-262; s. 107, ch. 99-8.
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.
(f) Strategies to address the identified needs and priorities.
(g) Resource planning.
(2) Ensure that a plan for substance abuse services is developed at the
district level in accordance with the provisions of part IV of chapter 394, and
the state plan pursuant to s. 394.79.
(3) Provide on a direct or contractual basis, within the context of funds
made available by appropriation:
(a) Public education programs and an information clearinghouse to
disseminate information about the nature and effects of substance abuse.
(b) Training for personnel who provide substance abuse services.
(c) A data collection and dissemination system, in accordance with
applicable federal confidentiality regulations.
(d) Basic epidemiological and statistical research and the dissemination
of results.
(e) Research in cooperation with qualified researchers on services
delivered pursuant to this chapter.
(4) Establish a funding program for the dissemination of available
federal, state, and private funds through contractual agreements with
community-based organizations or units of state or local government which
deliver local substance abuse services.
(5) Assume responsibility for adopting rules as necessary to comply with
this chapter, including other state agencies in this effort, as appropriate.
(6) Assume responsibility for licensing and regulating licensable service
components delivering substance abuse services on behalf of service providers
pursuant to this chapter.
(7) Ensure that each licensed service provider develops a system and
procedures for:
(a) Client assessment.
(b) Individualized treatment or services planning.
(c) Client referral.
(d) Client progress reviews.
(e) Client followup.
(8) Provide for the systematic and comprehensive program evaluation of
substance abuse service providers that are state-owned, state-operated, or
state-contracted.
(9) Advise the Governor in the preparation of plans to be submitted for
federal funding and support.
(10) Provide a system of documentation and reporting commensurate with the
requirements of federal and other agencies providing funding to the state.
(11) Provide, within available funds, training and technical assistance to
other state agencies relative to the problem of substance abuse and develop
joint agreements with other state agencies to enhance the sharing of information
and services.
(12) Develop standards for employee assistance programs for employees of
state government, local governments, and private business.
(13) Ensure that service provider personnel have background checks as
required in this chapter and meet the minimum standards.
(14) In cooperation with service providers, foster and actively seek
additional funding to enhance resources for prevention, intervention, and
treatment services, including but not limited to the development of partnerships
with:
(a) Private industry.
(b) Interdepartmental program offices, including, but not limited to,
children and families; delinquency services; health services; economic services;
and children's medical services.
(c) State agencies, including, but not limited to, the Departments of
Corrections, Education, Community Affairs, Elderly Affairs, and Insurance.
(15) Appoint a substance abuse impairment coordinator to represent the
department in efforts initiated by the statewide substance abuse impairment
prevention and treatment coordinator established in s. 397.801 and to assist the
statewide coordinator in fulfilling the responsibilities of that position.
(16) Recognize a statewide certification process for addiction
professionals and identify and endorse one or more agencies responsible for such
certification of service provider personnel.
(17) Provide sufficient and qualified staff to oversee all contracting,
licensing, and planning functions within each of its district offices, as
permitted by legislative appropriation.
(18) Ensure that the department develops and ensures the implementation of
procedures between its Alcohol, Drug Abuse, and Mental Health Program Office and
other departmental programs, particularly the Children and Families Program
Office and the Delinquency Services Program Office, regarding the referral of
substance abuse impaired persons to service providers, information on service
providers, information on methods of identifying substance abuse impaired
juveniles, and procedures for referring such juveniles to appropriate service
providers.
(19) Designate addictions receiving facilities for the purpose of ensuring
that only qualified service providers render services within the context of a
secure facility setting.
History.--s. 2, ch. 93-39; s. 2, ch. 97-208; s. 34, ch. 97-271; s. 6, ch.
98-152.
397.331 Definitions; legislative intent.--
(1) As used in this act, the term:
(a) "Substance abuse" means the use of any substance if such use
is unlawful or if such use is detrimental to the user or to others, but is not
unlawful.
(b) "Substance abuse programs and services" or "drug
control" applies generally to the broad continuum of prevention,
intervention, and treatment initiatives and efforts to limit substance abuse and
also includes initiatives and efforts by law enforcement agencies to limit
substance abuse.
(2) It is the intent of the Legislature to establish and institutionalize
a rational process for long-range planning, information gathering, strategic
decisionmaking, and funding for the purpose of limiting substance abuse. The
Legislature finds that the creation of a state Office of Drug Control and a
Statewide Drug Policy Advisory Council affords the best means of establishing
and institutionalizing such a process.
(3) The Legislature finds that any rational and cost-effective
governmental effort to address substance abuse must involve a comprehensive,
integrated, and multidisciplinary approach to the problem of substance abuse.
(4) The Legislature further finds that because state resources must be
available to address an array of state needs, including the funding of drug
control efforts, it is critical that:
(a) A state drug control strategy be developed and implemented;
(b) Decisions regarding the funding of substance abuse programs and
services be based on the state drug control strategy;
(c) The state drug control strategy be supported by the latest empirical
research and data;
(d) The state drug control strategy require performance-based measurement
and accountability;
(e) The state drug control strategy require short-term and long-term
objectives;
(f) The development and implementation of the state drug control strategy
afford a broad spectrum of the public and private sectors an opportunity to
comment and make recommendations; and
(g) Because the nature and scope of the substance abuse problem transcends
jurisdictional boundaries of any single government agency, the state drug
control strategy be a comprehensive, integrated, and multidisciplinary response
to the problem of substance abuse.
History.--s. 1, ch. 99-187.
397.332 Office of Drug Control.--
(1) The Office of Drug Control is created within the Executive Office of
the Governor. The Governor shall appoint a director of the Office of Drug
Control, who shall be subject to confirmation by the Senate.
(2) The purpose of the Office of Drug Control is to work in collaboration
with the Office of Planning and Budgeting to:
(a) Coordinate drug control efforts and enlist the assistance of the
public and private sectors in those efforts, including, but not limited to,
federal, state, and local agencies.
(b) Provide information to the public about the problem of substance abuse
and the substance abuse programs and services that are available.
(c) Act as the Governor's liaison with state agencies, other state
governments, the federal Office of National Drug Control Policy, federal
agencies, and with the public and private sectors on matters that relate to
substance abuse.
(d) Work to secure funding and other support for the state's drug control
efforts, including, but not limited to, establishing cooperative relationships
among state and private agencies.
(e) Develop a strategic program and funding initiative that links the
separate jurisdictional activities of state agencies with respect to drug
control. The office may designate lead and contributing agencies to develop such
initiatives.
(f) Advise the Governor and the Legislature on substance abuse trends in
this state, the status of current substance abuse programs and services, the
funding of those programs and services, and the status of the Office of Drug
Control in developing and implementing the state drug control strategy.
(g) Make recommendations to the Governor on measures that the director
considers advisable for the effective implementation of the state drug control
strategy.
(3) On or before December 1 of each year, the director of the Office of
Drug Control shall report to the Governor and the Legislature on the information
and recommendations required under paragraphs (2)(f) and (g).
History.--s. 2, ch. 99-187.
397.333 Statewide Drug Policy Advisory Council.--
(1)(a) The Statewide Drug Policy Advisory Council is created within the
Executive Office of the Governor. The director of the Office of Drug Control
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 shall be a
nonvoting, ex officio member of the advisory council. The Office of Drug Control
and the Office of Planning and Budgeting shall provide staff support for the
advisory council.
(b) The following state officials shall be appointed to serve on the
advisory council:
1. The Attorney General, or his or her designee.
2. The executive director of the Department of Law Enforcement, or his or
her designee.
3. The Secretary of Children and Family Services, or his or her designee.
4. The Secretary of Health, or his or her designee.
5. The Secretary of Corrections, or his or her designee.
6. The Secretary of Juvenile Justice, or his or her designee.
7. The Commissioner of Education, or his or her designee.
8. The executive director of the Department of Highway Safety and Motor
Vehicles, or his or her designee.
9. The Adjutant General of the state as the Chief of the Department of
Military Affairs, or his or her designee.
(c) In addition, the Governor shall appoint 11 members of the public to
serve on the advisory council. Of the 11 appointed members, one member must have
professional or occupational expertise in drug enforcement, one member must have
professional or occupational expertise in substance abuse prevention, and one
member must have professional or occupational expertise in substance abuse
treatment. The remainder of the members appointed should have professional or
occupational expertise in, or be generally knowledgeable about, issues that
relate to drug enforcement and substance abuse programs and services. The
members appointed by the Governor must, to the extent possible, equitably
represent all geographic areas of the state.
(d) The President of the Senate shall appoint a member of the Senate to
the advisory council and the Speaker of the House of Representatives shall
appoint a member of the House of Representatives to the advisory council.
(e) The Chief Justice of the Supreme Court shall appoint a member of the
judiciary to the advisory council.
(f) Members appointed by the Governor, the President of the Senate, the
Speaker of the House of Representatives, and the Chief Justice shall be
appointed to terms of 4 years each. However, for the purpose of providing
staggered terms, of the Governor's initial appointments, five members shall be
appointed to 2-year terms and six members shall be appointed to 4-year terms.
(2)(a) Any vacancy on the advisory council shall be filled in the same
manner as the original appointment, and any member appointed to fill a vacancy
occurring because of death, resignation, or ineligibility for membership shall
serve only for the unexpired term of the member's predecessor. A member is
eligible for reappointment.
(b) Members of the advisory council and members of workgroups appointed
under subsection (4) shall serve without compensation, but are entitled to
reimbursement for per diem and travel expenses as provided in s. 112.061.
(c) The advisory council shall meet at least quarterly or upon the call of
the chairperson.
(3) The advisory council shall:
(a) Conduct a comprehensive analysis of the problem of substance abuse in
this state and make recommendations to the Governor and Legislature for
developing and implementing a state drug control strategy. The advisory council
shall determine the most effective means of establishing clear and meaningful
lines of communication between the advisory council and the public and private
sectors in order to ensure that the process of developing and implementing the
state drug control strategy has afforded a broad spectrum of the public and
private sectors an opportunity to comment and make recommendations.
(b) Review and make recommendations to the Governor and Legislature on
funding substance abuse programs and services, consistent with the state drug
control strategy, as developed. The council may recommend the creation of a
separate appropriations category for funding services delivered or procured by
state agencies and may recommend the use of performance-based contracting as
provided in s. 414.065.
(c) Review various substance abuse programs and recommend, where needed,
measures that are sufficient to determine program outcomes. The council shall
review different methodologies for evaluating programs and determine whether
programs within different agencies have common outcomes. The methodologies shall
be consistent with those established under s. 216.0166.
(d) Review the drug control strategies and programs of, and efforts by,
other states and the Federal Government and compile the relevant research.
(e) Recommend to the Governor and Legislature applied research projects
that would use research capabilities within the state, including, but not
limited to, the resources of the State University System, for the purpose of
achieving improved outcomes and making better-informed strategic budgetary
decisions.
(f) Recommend to the Governor and Legislature changes in law which would
remove barriers to or enhance the implementation of the state drug control
strategy.
(g) Make recommendations to the Governor and the Legislature on the need
for public information campaigns to be conducted in the state to limit substance
abuse.
(h) Ensure that there is a coordinated, integrated, and multidisciplinary
response to the substance abuse problem in this state, with special attention
given to creating partnerships within and between the public and private
sectors, and to the coordinated, supported, and integrated delivery of
multiple-system services for substance abusers, including a multiagency team
approach to service delivery.
(i) Assist communities and families in pooling their knowledge and
experiences with respect to the problem of substance abuse. Forums for
exchanging ideas, experiences, and practical information, as well as
instruction, should be considered. For communities, such instruction may involve
issues of funding, staffing, training, and neighborhood and parental
involvement, and instruction on other issues. For families, such instruction may
involve practical strategies for addressing family substance abuse; improving
cognitive, communication, and decisionmaking skills; providing parents with
techniques for resolving conflicts, communicating, and cultivating meaningful
relationships with their children and establishing guidelines for their
children; educating families about drug-free programs and activities in which
they may serve as participants and planners; and other programs of similar
instruction. To maximize the effectiveness of such forums, multiple agencies
should participate.
(4)(a) The chairperson of the advisory council shall appoint workgroups
that include members of state agencies that are not represented on the advisory
council and shall solicit input and recommendations from those state agencies.
In addition, the chairperson may appoint workgroups as necessary from among the
members of the advisory council in order to efficiently address specific issues.
A representative of a state agency appointed to any workgroup shall be the head
of the agency, or his or her designee. The chairperson may designate lead and
contributing agencies within a workgroup.
(b) The advisory council shall submit a report to the Governor, the
President of the Senate, and the Speaker of the House of Representatives by
December 1 of each year which contains a summary of the work of the council
during that year and the recommendations required under subsection (3). Interim
reports may be submitted at the discretion of the chairperson of the advisory
council.
History.--s. 3, ch. 99-187.
PART II
SERVICE PROVIDERS
397.401 License required; penalty; injunction; rules waivers.
397.403 License application.
397.405 Exemptions from licensure.
397.406 Licensure and regulation of government-operated substance abuse
programs.
397.407 Licensure fees.
397.409 Probationary, regular, and interim licenses; issuance and renewal.
397.411 Inspection; right of entry; records.
397.415 Denial, suspension, and revocation; other remedies.
397.416 Substance abuse treatment services; qualified professional.
397.419 Quality assurance programs.
397.427 Medication treatment service providers; rehabilitation program;
needs assessment and provision of services; persons authorized to issue takeout
methadone; unlawful operation; penalty.
397.431 Client responsibility for cost of substance abuse impairment
services.
397.451 Background checks of service provider personnel who have direct
contact with unmarried minor clients or clients who are developmentally
disabled.
397.461 Unlawful activities relating to personnel; penalties.
397.471 Service provider facility standards.
397.481 Applicability of Community Alcohol, Drug Abuse, and Mental Health
Services Act.
397.401 License required; penalty; injunction; rules waivers.--
(1) It is unlawful for any person 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 misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(3) The department may maintain an action in circuit court to enjoin the
unlawful operation of a substance abuse service provider if the department first
gives the violator 14 days' notice of its intent to maintain such action and the
violator fails to apply for licensure within that 14-day period. If the
department determines that the health, safety, and welfare of clients is
jeopardized, the department may move to enjoin the operation at any time during
the 14-day period. If the service provider has already applied for licensure
under this chapter and has been denied licensure, the department may move
immediately to obtain an injunction.
(4) In accordance with this subsection, the department may waive rules
adopted pursuant to this chapter in order to allow service providers to
demonstrate and evaluate innovative or cost-effective substance abuse services
alternatives. Rules waivers may be granted only in instances where there is
reasonable assurance that the health, safety, or welfare of clients will not be
endangered. To apply for a rules waiver, the applicant must be a service
provider licensed under this chapter and must submit to the department a written
description of the concept to be demonstrated, including:
(a) Objectives and anticipated benefits.
(b) The number and types of clients who will be affected.
(c) A description of how the demonstration will be evaluated.
(d) Any other information requested by the department.
A service provider granted a rules waiver under this subsection must submit a
detailed report of the results of its findings to the department within 12
months after receiving the rules waiver. Upon receiving and evaluating the
detailed report, the department may renew or revoke the rules waiver or seek any
regulatory or statutory changes necessary to allow other service providers to
implement the same alternative service.
(5) The department shall allow a service provider in operation at the time
of adoption of any rule a reasonable period, not to exceed 1 year, to bring
itself into compliance with the rule.
History.--s. 3, ch. 93-39.
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, officer, and
shareholder, if any.
(b) Information establishing the competency and ability of the applicant
service provider and its director to carry out the requirements of this chapter.
(c) Proof satisfactory to the department of the applicant service
provider's financial ability and organizational capability to operate in
accordance with this chapter.
(d) Proof of liability insurance coverage in amounts set by the department
by rule.
(e) Personnel fingerprints for background checks as required by this
chapter.
(f) Proof of satisfactory fire, safety, and health inspections.
(g) A comprehensive outline of the proposed services for:
1. Any new applicant; or
2. Any licensed service provider adding a new licensable service
component.
(2) The burden of proof with respect to any requirement for application
for licensure as a service provider under this chapter is on the applicant.
(3) The department shall accept proof of accreditation by the Commission
on Accreditation of Rehabilitation Facilities (CARF) or the Joint Commission on
Accreditation of Health Care Organizations (JCAHCO), or through any other
nationally recognized certification process that is acceptable to the department
and meets the minimum licensure requirements under this chapter, in lieu of
requiring the applicant to submit the information required by paragraphs
(1)(a)-(c).
History.--s. 3, ch. 93-39.
397.405 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(11).
(3) A substance abuse education program established pursuant to s.
233.061.
(4) A facility or institution operated by the Federal Government.
(5) A physician 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) An established and legally cognizable church or nonprofit religious
organization, denomination, or sect providing substance abuse services,
including prevention services, which are exclusively religious, spiritual, or
ecclesiastical in nature. A church or nonprofit religious organization,
denomination, or sect providing any of the licensable service components
itemized under s. 397.311(19) is not exempt for purposes of its provision of
such licensable service components but retains its exemption with respect to all
services which are exclusively religious, spiritual, or ecclesiastical in
nature.
(9) Facilities licensed under s. 393.063(8) that, in addition to providing
services to persons who are developmentally disabled as defined therein, 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 required to be attended pursuant
to ss. 316.192, 316.193, 322.095, 322.271, and 322.291 are exempt from licensure
under this chapter. Treatment programs must continue to be licensed under this
chapter.
The exemptions from licensure in this section do not apply to any facility or
entity which 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 pursuant to s. 397.406. No provision of this chapter
shall be construed to limit the practice of a physician licensed under chapter
458 or chapter 459, a psychologist licensed under chapter 490, or a
psychotherapist licensed under chapter 491, providing outpatient or inpatient
substance abuse treatment to a voluntary patient, so long as the physician,
psychologist, or psychotherapist does not represent to the public that he or she
is a licensed service provider under this act. 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.
History.--s. 3, ch. 93-39; s. 734, ch. 95-148; s. 65, ch. 97-190; s. 208,
ch. 99-13.
397.406 Licensure and regulation of government-operated substance abuse
programs.--Substance abuse programs operated directly or under contract by
the department, the Department of Corrections, 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 and regulation in accordance with rules jointly developed by the
department and the state or local agency operating the program. The department
has authority to promulgate rules exempting such government-operated programs
from specific licensure provisions of this part, including, but not limited to,
licensure fees and personnel background checks, and to enforce the regulatory
requirements governing such programs.
History.--s. 3, ch. 93-39.
397.407 Licensure fees.--
(1) The department shall establish licensure fees by rule. The rule must
prescribe a fee range that is based, at least in part, on the number and
complexity of programs listed in s. 397.311(19) which are operated by a
licensee. The fee range must be implemented over a 5-year period. The fee
schedule for licensure of service components must be increased annually in
substantially equal increments so that, by July 1, 1998, the fees from the
licensure of service components are sufficient to cover at least 50 percent of
the costs of regulating the service components. The department shall specify by
rule a fee range and phase-in plan for privately funded licensed service
providers and a fee range and phase-in plan for publicly funded licensed service
providers. Fees for privately funded licensed service providers must exceed the
fees for publicly funded licensed service providers. The first year phase-in
licensure fees must be at least $150 per initial license. The rule must provide
for a reduction in licensure fees for licensed service providers who hold more
than one license.
(2) The department shall recommend to the Legislature any further
expansion of the fee schedule necessary to cover the cost of regulation. In
developing its recommendations, the department should consider the ability of
licensed service providers to pay additional licensure fees and other relevant
factors. The department shall provide with its recommendations a report on its
implementation of the fee schedule phase-in provided for in subsection (1). The
recommendations and report must be submitted to the President of the Senate and
the Speaker of the House of Representatives by December 1, 1997.
(3) The department shall assess a fee of $100 per license for the late
filing of an application for renewal of a license.
(4) Licensure and renewal fees must be deposited in the Operations and
Maintenance Trust Fund to be used for the actual cost of monitoring, inspecting,
and overseeing licensed service providers.
(5) Each application for licensure or renewal must be accompanied by the
required fee, except that a service provider that has an all-volunteer staff is
exempt from the licensure and renewal fees.
History.--s. 3, ch. 93-39; s. 22, ch. 96-418.
397.409 Probationary, regular, and interim licenses; issuance and
renewal.--
(1) The department may issue probationary, regular, and interim licenses.
The department shall issue one license to each facility operated by a service
provider. The license must state the specific service components to be provided.
A license issued to a residential facility must stipulate the maximum bed
capacity of the facility at the time of licensure, and must be amended if there
is a change in bed capacity, as specified by rule. The licensed service provider
shall apply for a new license at least 30 days prior to the relocation of any of
its facilities or licensable service components; failure to apply for a new
license may result in denial of a license. Probationary and regular licenses may
be issued only after all required information has been submitted. A license may
not be transferred and is valid only for the premises for which it is originally
issued. As used in this subsection, "transfer" includes, but is not
limited to, transfer of a majority of the ownership interest in the license or
transfer of responsibilities under the license to another entity by contractual
arrangement.
(2) A probationary license may be issued to a service provider applicant
in the initial stages of developing services which are not yet fully operational
upon completion of all application requirements itemized in s. 397.403(1)(a)-(g)
and upon demonstration of the applicant's ability to comply with all applicable
statutory and regulatory requirements. A probationary license expires 90 days
after issuance and may be reissued once for an additional 90-day period if the
applicant has substantially complied with all requirements for regular licensure
or has initiated action to satisfy all requirements. During the probationary
period the department must monitor the delivery of services. The holder of a
probationary license may be ordered to cease and desist operations at any time
it is found to be substantially out of compliance with licensure standards.
(3) A regular license may be issued:
(a) To a new applicant at the end of the probationary period.
(b) To a regularly licensed applicant seeking renewal.
(c) To a facility operating under an interim license that successfully
satisfies the requirements for a regular license.
In order to be issued a regular license, the applicant must be in compliance
with statutory and regulatory requirements. Standards and timeframes for
issuance of regular licenses must be established by rule. An application for
renewal of a regular license must be submitted to the department 60 days before
the license expires.
(4) The department may issue an interim license to a service provider for
a period established by the department which does not exceed 90 days, if the
department finds that:
(a) A facility or service component of the service provider is in
substantial noncompliance with licensure standards;
(b) The service provider has failed to provide satisfactory proof of
conformance to fire, safety, or health requirements; or
(c) The service provider is involved in license suspension or revocation
proceedings.
An interim license applies only to the licensable service component of the
provider's services which is in substantial noncompliance with statutory or
regulatory requirements. An interim license expires 90 days after it is issued;
it may be reissued once for an additional 90-day period in a case of extreme
hardship in which the noncompliance is not caused by the licensed service
provider. If the service provider is appealing the final disposition of license
suspension or revocation proceedings, the court before which the appeal is taken
may order the extension of the interim license for a period of time specified in
the order.
(5) A separate license is required for each facility maintained on
separate premises, even though the facility is operated under the same
management. However, a separate license is not required for separate buildings
on the same grounds.
(6) The license must be displayed in a conspicuous place inside the
facility.
History.--s. 3, ch. 93-39.
397.411 Inspection; right of entry; records.--
(1)(a) An authorized agent of the department may enter and inspect at any
time a licensed service provider to determine whether it is in compliance with
statutory and regulatory requirements.
(b) An authorized agent of the department may, with the permission of the
person in charge of the premises or pursuant to a warrant, enter and inspect any
unlicensed service provider it reasonably suspects to be operating in violation
of any provision of this chapter.
(c) An application for licensure as a service provider under this chapter
constitutes full permission for an authorized agent of the department to enter
and inspect the premises of such service provider at any time.
(2)(a) The department may accept, in lieu of its own inspections for
licensure, the survey or inspection of an accrediting organization, if the
provider is accredited and the department receives the report of the accrediting
organization. The department shall develop, and adopt by rule, specific criteria
for assuring that the accrediting organization has specific standards and
experience related to the program area being licensed; specific criteria for
accepting the standards and survey methodologies of an accrediting organization;
delineations of the obligations of accrediting organizations to assure adherence
to those standards; criteria for receiving, accepting, and maintaining the
confidentiality of the survey and corrective action reports; and allowance for
the department's participation in surveys.
(b) The department shall conduct compliance investigations and sample
validation inspections to evaluate the inspection process of accrediting
organizations to ensure minimum standards are maintained as provided in Florida
statute and rule. The department may conduct a fire, safety, and health
inspection in calendar years in which an accrediting organization survey is not
conducted and shall conduct a full state inspection, including a lifesafety
inspection, if an accrediting organization survey has not been conducted within
the previous 36 months. The department, by accepting the survey or inspection of
an accrediting organization, does not forfeit its right to perform inspections.
(3) Notwithstanding the confidentiality provisions of this chapter, a
designated and authorized agent of the department may access the records of the
clients of licensed service providers, but only for purposes of licensing,
monitoring, and investigation. The department may interview clients, as
specified by rule.
(4) The authorized agents of the department shall schedule periodic
inspections of licensed service providers in order to minimize costs and the
disruption of services; however, such authorized agents may inspect the
facilities of any licensed service provider at any time.
(5) The department shall maintain as public information, available to any
person upon request and upon payment of a reasonable charge for copying, copies
of licensure reports of licensed providers.
History.--s. 3, ch. 93-39; s. 25, ch. 97-100.
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 case, the department:
(a) May impose a moratorium on admissions to any component of a licensed
service provider if the department determines that conditions within such
component are a threat to the public health or safety.
(b) May impose an administrative penalty of up to $500 per day against a
licensed service provider operating in violation of any fire-related,
safety-related, or health-related statutory or regulatory requirement. Fines
collected under this paragraph must be deposited in the Substance Abuse
Impairment Provider Licensing Trust Fund.
(c) May suspend or revoke the license if, after notice, it determines that
a service provider has failed to correct the substantial or chronic violation of
any statutory or regulatory requirement such as impacts the quality of client
care.
(2) If a license of a facility or any service component of a facility is
revoked, the service provider is barred from submitting any application for
licensure of the affected facility or service component to the department for a
period of 1 year after the revocation.
(3) Proceedings for the denial, suspension, or revocation of a service
provider's license must be conducted in accordance with chapter 120.
(4) The department may maintain an action in court to enjoin the operation
of any licensed or unlicensed facility in violation of this chapter or the rules
adopted under this chapter.
History.--s. 3, ch. 93-39.
397.416 Substance abuse treatment services; qualified professional.--
(1) A person who holds a master's degree in a social or behavioral science
in a human services discipline with a minimum of 2 years' experience in the
assessment or treatment of substance abuse may perform the duties of a qualified
professional with respect to substance abuse treatment services as defined in
this chapter until January 1, 2001.
(2) 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 need not meet the certification requirements
contained in s. 397.311(25).
History.--s. 2, ch. 98-262.
397.419 Quality assurance programs.--
(1) Each service provider must maintain an ongoing quality assurance
program to objectively and systematically monitor and evaluate the
appropriateness and quality of client 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 submitted to the department which addresses the minimum guidelines for the
provider's quality assurance program, including, but not limited to:
(a) Client care and services standards.
(b) Client records maintenance procedures.
(c) Staff development policies and procedures.
(d) Facility safety and maintenance standards.
(e) Peer review and utilization review procedures.
(f) Incident reporting policies and procedures, including verification of
corrective action and provision for reporting to the department within a time
period prescribed by rule.
(3) The quality assurance program is the responsibility of the director
and is subject to review and approval by the governing board of the service
provider.
(4) Each director shall designate a person who is an employee of or under
contract with the service provider as the provider's quality assurance manager.
(5) Incident reporting is the affirmative duty of all staff.
(6) A person who files an incident report may not be subjected to any
civil action by virtue of that incident report.
(7) The department may access all service provider records necessary to
determine compliance with this section. Records relating solely to actions taken
in carrying out this section and records obtained by the department to determine
a provider's compliance with this section are confidential and exempt from the
provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such
records are not admissible in any civil or administrative action except in
disciplinary proceedings by the Department of Business and Professional
Regulation or the appropriate regulatory board, and are not part of the record
of investigation and prosecution in disciplinary proceedings made available to
the public by the Department of Business and Professional Regulation or the
appropriate regulatory board. Meetings or portions of meetings of quality
assurance program committees that relate solely to actions taken pursuant to
this section are exempt from s. 286.011.
(8) The quality assurance program shall be implemented as part of the
department's contract management process. The quality assurance program shall:
(a) Track performance measures and standards established by the
Legislature as part of the performance-based program budgeting process;
(b) Provide a framework for evaluating outcomes which is separate from the
performance-based program budgeting process, including:
1. Output measures, such as capacities, technologies, and infrastructure,
that make up the system of care.
2. Process measures, such as administrative and clinical components of
treatment.
3. Outcome measures pertaining to the outcomes of services;
(c) Provide for a system of analyzing those factors which have an effect
on performance at the local level;
(d) Provide for a system of reporting the results of quality assurance
reviews; and
(e) Incorporate best practice models for use in improving performance in
those areas which are deficient.
(9) The quality assurance program shall incorporate a peer review process
into its protocol, to include:
(a) Reviews of providers by departmental district staff and other
providers.
(b) Reviews of individual districts by other districts.
(10) Contingent upon specific appropriation, a quality assurance
coordinator position shall be established within each service district to
oversee the implementation and operation of the quality assurance program.
History.--s. 3, ch. 93-39; s. 45, ch. 94-218; s. 1, ch. 95-407; s. 221,
ch. 96-406; s. 5, ch. 99-396.
397.427 Medication treatment service providers; rehabilitation program;
needs assessment and provision of services; persons authorized to issue takeout
methadone; unlawful operation; penalty.--
(1) Medication treatment service providers 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 shall determine the need for establishing medication
treatment service providers.
(a) Medication treatment service providers may be established only in
response to the department's determination and publication of need for
additional medication treatment services.
(b) The department shall prescribe by rule the types of medication
treatment services for which it is necessary to conduct annual assessments of
need. If needs assessment is required, the department shall annually conduct the
assessment and publish a statement of findings which identifies each district's
need.
(c) Notwithstanding paragraphs (a) and (b), the license for medication
treatment programs licensed before October 1, 1990, may not be revoked solely
because of the department's determination concerning the need for medication
treatment services.
(3) The department shall adopt rules necessary to administer this section,
including, but not limited to, rules prescribing criteria and procedures for:
(a) Determining the need for additional medication treatment services.
(b) Selecting medication treatment service providers when the number of
responses to a publication of need exceeds the determined need.
(c) Administering any federally required rules, regulations, or
procedures.
(4) A service provider operating in violation of this section is subject
to proceedings in accordance with this chapter to enjoin that unlawful
operation.
(5) Notwithstanding the provisions of s. 465.019(2), a registered nurse,
an advanced registered nurse practitioner, or a licensed practical nurse working
for a licensed service provider is authorized to deliver takeout methadone to
persons enrolled in a methadone maintenance treatment program provided that:
(a) The methadone maintenance treatment program has an appropriate valid
permit issued pursuant to rules promulgated by the Board of Pharmacy;
(b) The medication has been delivered pursuant to a valid prescription
written by the program's physician licensed pursuant to chapter 458 or chapter
459;
(c) The medication ordered appears on a formulary and is prepackaged and
prelabeled with dosage instructions and distributed from a source authorized
under chapter 499;
(d) Each licensed provider adopts written protocols which provide for
supervision of the registered nurse, advanced registered nurse practitioner, or
licensed practical nurse by a physician licensed pursuant to chapter 458 or
chapter 459 and for the procedures by which patients' medications may be
delivered by the registered nurse, advanced registered nurse practitioner, or
licensed practical nurse. Such protocols shall be signed by the supervising
physician and either the administering registered nurse, the advanced registered
nurse practitioner, or the licensed practical nurse.
(e) Each licensed service provider maintains and has available for
inspection by representatives of the Board of Pharmacy all medical records and
patient care protocols, including records of medications delivered to patients,
in accordance with the board.
History.--s. 3, ch. 93-39; s. 7, ch. 98-152.
397.431 Client responsibility for cost of substance abuse impairment
services.--
(1) Prior to accepting a client for admission and in accordance with
confidentiality guidelines, both the full charge for services and the fee
charged to the client for such services under the provider's fee system or
payment policy must be disclosed to each client or his or her authorized
personal representative, or parent or legal guardian if the client is a minor
who did not seek treatment voluntarily and without parental consent.
(2) A client or his or her authorized personal representative, or parent
or legal guardian if the client is a minor, is required to contribute toward the
cost of substance abuse services in accordance with his or her ability to pay,
unless otherwise provided by law.
(3) The parent, legal guardian, or legal custodian of a minor is not
liable for payment for any substance abuse services provided to the minor
without parental consent pursuant to s. 397.601(4), unless the parent, legal
guardian, or legal custodian participates or is ordered to participate in the
services, and only for the substance abuse services rendered. If the minor is
receiving services as a juvenile offender, the obligation to pay is governed by
the law relating to juvenile offenders.
(4) Service providers that do not contract for state funds to provide
substance abuse services as defined in this chapter may establish their own
admission policies regarding provisions for payment for services. Such policies
must comply with other statutory and regulatory requirements governing state or
federal reimbursements to a provider for services delivered to individual
clients. As used in this subsection, the term "contract for state
funds" does not include Medicaid funds.
(5) Service providers that contract for state funds to provide substance
abuse services as defined in this chapter must establish a fee system based upon
a client's ability to pay and, if space and sufficient state resources are
available, may not deny a client access to services solely on the basis of the
client's inability to pay.
History.--s. 3, ch. 93-39; s. 735, ch. 95-148.
397.451 Background checks of service provider personnel who have direct
contact with unmarried minor clients or clients who are developmentally
disabled.--
(1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND EXCEPTIONS.--
(a) Service provider personnel who have direct contact with unmarried
clients under the age of 18 years or with clients who are developmentally
disabled are subject to background checks, except as otherwise provided in this
section.
(b) Students in the health care professions who are interning under the
actual physical presence supervision of a licensed health care professional in a
service provider licensed under chapter 395, where the primary purpose of the
service provider is not the treatment of unmarried minors or of persons who are
developmentally disabled, are exempt from the fingerprinting and background
check requirements.
(c) Personnel working in a service provider licensed under chapter 395 who
have less than 15 hours per week of direct contact with unmarried minors or with
persons who are developmentally disabled, or personnel who are health care
professionals licensed by the Department of Business and Professional Regulation
or a board thereunder who are not employed in a service provider where the
primary purpose is the treatment of unmarried minors or of persons who are
developmentally disabled are exempt from the fingerprinting and background check
requirements.
(d) Members of a foster family and persons residing with the foster family
who are between 12 and 18 years of age are not required to be fingerprinted but
must have their backgrounds checked for delinquency records. Members of the
foster family and persons residing with the foster family over 18 years of age
are subject to full background checks.
(e) A volunteer who assists on an intermittent basis for fewer than 40
hours per month and is under direct and constant supervision by persons who meet
all personnel requirements of this chapter is exempt from fingerprinting and
background check requirements.
(f) Service providers that are exempt from licensing provisions of this
chapter are exempt from personnel fingerprinting and background check
requirements, except as otherwise provided in this section. A church or
nonprofit religious organization exempt from licensure under this chapter is
required to comply with personnel fingerprinting and background check
requirements.
(g) Personnel employed by the Department of Corrections in a substance
abuse service component who have direct contact with unmarried inmates under the
age of 18 or with inmates who are developmentally disabled are exempt from the
fingerprinting and background check requirements of this section.
(2) EMPLOYMENT HISTORY CHECKS; CHECKS OF REFERENCES.--The department shall
assess employment history checks and checks of references for all directors, and
the directors shall assess employment history checks and checks of references
for each employee who has direct contact with unmarried clients under the age of
18 years or with clients who are developmentally disabled.
(3) MINIMUM BACKGROUND CHECK STANDARDS.--The department shall require
employment screening pursuant to chapter 435, using level 2 standards for
screening set forth in that chapter, of service provider personnel who have
direct contact with unmarried clients under the age of 18 years or with clients
who are developmentally disabled.
(4) PERSONNEL EXEMPT FROM BEING REFINGERPRINTED OR RECHECKED.--Service
provider personnel who have been fingerprinted or had their backgrounds checked
pursuant to chapter 393, chapter 394, chapter 402, or chapter 409, or this
section, and teachers who have been fingerprinted pursuant to chapter 231, who
have not been unemployed for more than 90 days thereafter and who, under the
penalty of perjury, attest to the completion of such fingerprinting or
background checks and to compliance with the provisions of this section and the
standards contained in chapter 435 and this section, are not required to be
refingerprinted or rechecked in order to comply with service provider personnel
fingerprinting or background check requirements.
(5) EXEMPTIONS FROM DISQUALIFICATION.--
(a) The department may grant to any service provider personnel an
exemption from disqualification from working with children or the
developmentally disabled as provided in s. 435.07.
(b) Since rehabilitated substance abuse impaired persons are effective in
the successful treatment and rehabilitation of substance abuse impaired
adolescents, for service providers which treat adolescents 13 years of age and
older, service provider personnel whose background checks indicate crimes under
s. 817.563, s. 893.13, or s. 893.147 may be exempted from disqualification from
employment pursuant to this paragraph.
(6) PAYMENT FOR PROCESSING OF FINGERPRINTS AND STATE CRIMINAL RECORDS
CHECKS.--The employing service provider or the personnel who are having their
backgrounds checked are responsible for paying the costs of processing
fingerprints and criminal records checks.
(7) DISQUALIFICATION FROM RECEIVING STATE FUNDS.--State funds may not be
disseminated to any service provider owned or operated by an owner or director
who has been convicted of, has entered a plea of guilty or nolo contendere to,
or has had adjudication withheld for, a violation of s. 893.135 pertaining to
trafficking in controlled substances, or a violation of the law of another
state, the District of Columbia, the United States or any possession or
territory thereof, or any foreign jurisdiction which is substantially similar in
elements and penalties to a trafficking offense in this state, unless the
owner's or director's civil rights have been restored.
History.--s. 3, ch. 93-39; s. 20, ch. 94-134; s. 20, ch. 94-135; s. 46,
ch. 94-218; s. 16, ch. 95-152; s. 13, ch. 95-158; s. 36, ch. 95-228; s. 2, ch.
95-407; s. 126, ch. 95-418; s. 9, ch. 96-268; s. 222, ch. 96-406; s. 10, ch.
99-188.
397.461 Unlawful activities relating to personnel; penalties.--It
is a misdemeanor of the first 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 voluntary or paid employment, any fact which is material in
making a determination as to the person's qualifications to be an owner, a
director, a volunteer, or other personnel of a service provider;
(2) Operate or attempt to operate as a service provider with personnel who
are in noncompliance with the minimum standards contained in this chapter; or
(3) Use or release any criminal or juvenile or central abuse registry
information obtained under this chapter for any purpose other than background
checks of personnel for employment.
History.--s. 3, ch. 93-39.
397.471 Service provider facility standards.--
(1) Each service provider must ensure:
(a) Sufficient numbers and types of qualified personnel on duty and
available to provide necessary and adequate client safety and care.
(b) Adequate space for each client of a residential facility.
(c) Adequate infection control, housekeeping, and sanitation.
(d) Adequate disaster planning policies and procedures.
(2) The State Fire Marshal shall, in cooperation with the department,
establish and enforce minimum firesafety standards, which standards must be
included in the rules adopted by the department.
History.--s. 3, ch. 93-39.
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.
PART III
CLIENT RIGHTS
397.501 Rights of clients.
397.581 Unlawful activities relating to client assessment and treatment;
penalties.
397.501 Rights of clients.--Clients receiving substance abuse
services from any service provider are guaranteed protection of the rights
specified in this section, unless otherwise expressly provided, and service
providers must ensure the protection of such rights.
(1) RIGHT TO INDIVIDUAL DIGNITY.--The individual dignity of the client
must be respected at all times and upon all occasions, including any occasion
when the client is admitted, retained, or transported. Substance abuse clients
who are not accused of a crime or delinquent act may not be detained or
incarcerated in jails, detention centers, or training schools of the state,
except for purposes of protective custody in strict accordance with this
chapter. A client may not be deprived of any constitutional right.
(2) RIGHT TO NONDISCRIMINATORY SERVICES.--
(a) Service providers may not deny a client access to substance abuse
services solely on the basis of race, gender, ethnicity, age, sexual preference,
human immunodeficiency virus status, prior service departures against medical
advice, disability, or number of relapse episodes. Service providers may not
deny a client who takes medication prescribed by a physician access to substance
abuse services solely on that basis. Service providers who receive state funds
to provide substance abuse services may not, provided space and sufficient state
resources are available, deny a client access to services based solely on
inability to pay.
(b) Each client in treatment must be afforded the opportunity to
participate in the formulation and periodic review of his or her individualized
treatment or service plan to the extent of his or her ability to so participate.
(c) It is the policy of the state to use the least restrictive and most
appropriate services available, based on the needs and the best interests of the
client and consistent with optimum care of the client.
(d) Each client must be afforded the opportunity to participate in
activities designed to enhance self-image.
(3) RIGHT TO QUALITY SERVICES.--
(a) Each client must be delivered services suited to his or her needs,
administered skillfully, safely, humanely, with full respect for his or her
dignity and personal integrity, and in accordance with all statutory and
regulatory requirements.
(b) These services must include the use of methods and techniques to
control aggressive client behavior that poses an immediate threat to the client
or to other persons. Such methods and techniques include the use of restraints,
the use of seclusion, the use of time-out, and other behavior management
techniques. When authorized, these methods and techniques may be applied only by
persons who are employed by service providers and trained in the application and
use of these methods and techniques. The department must specify by rule the
methods that may be used and the techniques that may be applied by service
providers to control aggressive client behavior and must specify by rule the
physical facility requirements for seclusion rooms, including dimensions, safety
features, methods of observation, and contents.
(4) RIGHT TO COMMUNICATION.--
(a) Each client has the right to communicate freely and privately with
other persons within the limitations imposed by service provider policy.
(b) Because the delivery of services can only be effective in a substance
abuse free environment, close supervision of each client's communications and
correspondence is necessary, particularly in the initial stages of treatment,
and the service provider must therefore set reasonable rules for telephone,
mail, and visitation rights, giving primary consideration to the well-being and
safety of clients, staff, and the community. It is the duty of the service
provider to inform the client and his or her family if the family is involved at
the time of admission about the provider's rules relating to communications and
correspondence.
(5) RIGHT TO CARE AND CUSTODY OF PERSONAL EFFECTS OF CLIENTS.--A client
has the right to possess clothing and other personal effects. The service
provider may take temporary custody of the client's personal effects only when
required for medical or safety reasons, with the reason for taking custody and a
list of the personal effects recorded in the client's clinical record.
(6) RIGHT TO EDUCATION OF MINORS.--Each minor client in a residential
service component is guaranteed education and training appropriate to his or her
needs. The service provider shall coordinate with local education agencies to
ensure that education and training is provided to each minor client in
accordance with other applicable laws and regulations and that parental
responsibilities related to such education and training are established within
the provisions of such applicable laws and regulations. Nothing in this chapter
may be construed to relieve any local education authority of its obligation
under law to provide a free and appropriate education to every child.
(7) RIGHT TO CONFIDENTIALITY OF CLIENT RECORDS.--
(a) The records of service providers which pertain to the identity,
diagnosis, and prognosis of and service provision to any individual client are
confidential in accordance with this chapter and with applicable federal
confidentiality regulations and are exempt from the provisions of s. 119.07(1)
and s. 24(a), Art. I of the State Constitution. Such records may not be
disclosed without the written consent of the client to whom they pertain except
that appropriate disclosure may be made without such consent:
1. To medical personnel in a medical emergency.
2. To service provider personnel if such personnel need to know the
information in order to carry out duties relating to the provision of services
to a client.
3. To the secretary of the department or the secretary's designee, for
purposes of scientific research, in accordance with federal confidentiality
regulations, but only upon agreement in writing that the client's name and other
identifying information will not be disclosed.
4. In the course of review of records on service provider premises by
persons who are performing an audit or evaluation on behalf of any federal,
state, or local government agency, or third-party payor providing financial
assistance or reimbursement to the service provider; however, reports produced
as a result of such audit or evaluation may not disclose client names or other
identifying information and must be in accord with federal confidentiality
regulations.
5. Upon court order based on application showing good cause for
disclosure. In determining whether there is good cause for disclosure, the court
shall examine whether the public interest and the need for disclosure outweigh
the potential injury to the client, to the service provider-client relationship,
and to the service provider itself.
(b) The restrictions on disclosure and use in this section do not apply to
communications from provider personnel to law enforcement officers which:
1. Are directly related to a client's commission of a crime on the
premises of the provider or against provider personnel or to a threat to commit
such a crime; and
2. Are limited to the circumstances of the incident, including the client
status of the individual committing or threatening to commit the crime, that
individual's name and address, and that individual's last known whereabouts.
(c) The restrictions on disclosure and use in this section do not apply to
the reporting of incidents of suspected child abuse and neglect to the
appropriate state or local authorities as required by law. However, such
restrictions continue to apply to the original substance abuse client records
maintained by the provider, including their disclosure and use for civil or
criminal proceedings which may arise out of the report of suspected child abuse
and neglect.
(d) Any answer to a request for a disclosure of client records which is
not permissible under this section or under the appropriate federal regulations
must be made in a way that will not affirmatively reveal that an identified
individual has been, or is being diagnosed or treated for substance abuse. The
regulations do not restrict a disclosure that an identified individual is not
and never has been a client.
(e)1. Since a minor acting alone has the legal capacity to voluntarily
apply for and obtain substance abuse treatment, any written consent for
disclosure may be given only by the minor client. This restriction includes, but
is not limited to, any disclosure of client identifying information to the
parent, legal guardian, or custodian of a minor client for the purpose of
obtaining financial reimbursement.
2. When the consent of a parent, legal guardian, or custodian is required
under this chapter in order for a minor to obtain substance abuse treatment, any
written consent for disclosure must be given by both the minor and the parent,
legal guardian, or custodian.
(f) An order of a court of competent jurisdiction authorizing disclosure
and use of confidential information is a unique kind of court order. Its only
purpose is to authorize a disclosure or use of client identifying information
which would otherwise be prohibited by this section. Such an order does not
compel disclosure. A subpoena or a similar legal mandate must be issued in order
to compel disclosure. This mandate may be entered at the same time as, and
accompany, an authorizing court order entered under this section.
(g) An order authorizing the disclosure of client records may be applied
for by any person having a legally recognized interest in the disclosure which
is sought. The application may be filed separately or as part of a pending civil
action in which it appears that the client records are needed to provide
evidence. An application must use a fictitious name, such as John Doe or Jane
Doe, to refer to any client and may not contain or otherwise disclose any client
identifying information unless the client is the applicant or has given a
written consent to disclosure or the court has ordered the record of the
proceeding sealed from public scrutiny.
(h) The client and the person holding the records from whom disclosure is
sought must be given adequate notice in a manner which will not disclose client
identifying information to other persons, and an opportunity to file a written
response to the application, or to appear in person, for the limited purpose of
providing evidence on the statutory and regulatory criteria for the issuance of
the court order.
(i) Any oral argument, review of evidence, or hearing on the application
must be held in the judge's chambers or in some manner which ensures that client
identifying information is not disclosed to anyone other than a party to the
proceeding, the client, or the person holding the record, unless the client
requests an open hearing. The proceeding may include an examination by the judge
of the client records referred to in the application.
(j) A court may authorize the disclosure and use of client records for the
purpose of conducting a criminal investigation or prosecution of a client only
if the court finds that all of the following criteria are met:
1. The crime involved is extremely serious, such as one which causes or
directly threatens loss of life or serious bodily injury, including but not
limited to homicide, sexual assault, sexual battery, kidnapping, armed robbery,
assault with a deadly weapon, and child abuse and neglect.
2. There is reasonable likelihood that the records will disclose
information of substantial value in the investigation or prosecution.
3. Other ways of obtaining the information are not available or would not
be effective.
4. The potential injury to the client, to the physician-client
relationship and to the ability of the program to provide services to other
clients is outweighed by the public interest and the need for the disclosure.
(8) RIGHT TO COUNSEL.--Each client must be informed that he or she has the
right to be represented by counsel in any involuntary proceeding for assessment,
stabilization, or treatment and that he or she, or if the client is a minor his
or her parent, legal guardian, or legal custodian, may apply immediately to the
court to have an attorney appointed if he or she cannot afford one.
(9) RIGHT TO HABEAS CORPUS.--At any time, and without notice, a client
involuntarily retained by a provider, or the client's parent, guardian,
custodian, or attorney on behalf of the client, may petition for a writ of
habeas corpus to question the cause and legality of such retention and request
that the court issue a writ for the client's release.
(10) LIABILITY AND IMMUNITY.--
(a) Service provider personnel who violate or abuse any right or privilege
of a client under this chapter are liable for damages as determined by law.
(b) All persons acting in good faith, reasonably, and without negligence
in connection with the preparation or execution of petitions, applications,
certificates, or other documents or the apprehension, detention, discharge,
examination, transportation, or treatment of a person under the provisions of
this chapter shall be free from all liability, civil or criminal, by reason of
such acts.
History.--s. 4, ch. 93-39; s. 736, ch. 95-148; s. 3, ch. 95-407; s. 223,
ch. 96-406; s. 2, ch. 98-107.
397.581 Unlawful activities relating to client assessment and
treatment; penalties.--
(1) Knowingly furnishing false information for the purpose of obtaining
emergency or other involuntary admission for any person is a misdemeanor of the
first degree, punishable as provided in s. 775.082 and by a fine not exceeding
$5,000.
(2) Causing or otherwise securing, or conspiring with or assisting another
to cause or secure, without reason for believing a person to be impaired, any
emergency or other involuntary procedure for the person is a misdemeanor of the
first degree, punishable as provided in s. 775.082 and by a fine not exceeding
$5,000.
(3) Causing, or conspiring with or assisting another to cause, the denial
to any person of any right accorded pursuant to this chapter is a misdemeanor of
the first degree, punishable as provided in s. 775.082 and by a fine not
exceeding $5,000.
History.--s. 4, ch. 93-39.
PART IV
VOLUNTARY ADMISSIONS PROCEDURES
397.601 Voluntary admissions.
397.601 Voluntary admissions.--
(1) A person who wishes to enter treatment for substance abuse may apply
to a service provider for voluntary admission.
(2) Within the financial and space capabilities of the service provider, a
person must be admitted to treatment when sufficient evidence exists that the
person is impaired by substance abuse and the medical and behavioral conditions
of the person are not beyond the safe management capabilities of the service
provider.
(3) The service provider must emphasize admission to the service component
that represents the least restrictive setting that is appropriate to the
person's treatment needs.
(4)(a) The disability of minority for persons under 18 years of age is
removed solely for the purpose of obtaining voluntary substance abuse impairment
services from a licensed service provider, and consent to such services by a
minor has the same force and effect as if executed by a client who has reached
the age of majority. Such consent is not subject to later disaffirmance based on
minority.
(b) Except for purposes of law enforcement activities in connection with
protective custody, the disability of minority is not removed if there is an
involuntary admission for substance abuse services, in which case parental
participation may be required as the court finds appropriate.
History.--s. 5, ch. 93-39.
PART V
INVOLUNTARY ADMISSIONS PROCEDURES
A. General Provisions
397.675 Criteria for involuntary admissions, including protective custody,
emergency admission, and other involuntary assessment, involuntary treatment,
and alternative involuntary assessment for minors, for purposes of assessment
and stabilization, and for involuntary treatment.
397.6751 Service provider responsibilities regarding involuntary
admissions.
397.6752 Referral of involuntarily admitted client for voluntary
treatment.
397.6758 Release of client from protective custody, emergency admission,
involuntary assessment, involuntary treatment, and alternative involuntary
assessment of a minor.
397.6759 Parental participation in treatment.
397.675 Criteria for involuntary admissions, including protective
custody, emergency admission, and other involuntary assessment, involuntary
treatment, and alternative involuntary assessment for minors, for purposes of
assessment and stabilization, and for involuntary treatment.--A person meets
the criteria for involuntary admission if there is good faith reason to believe
the person is substance abuse impaired and, because of such impairment:
(1) Has lost the power of self-control with respect to substance use; and
either
(2)(a) Has inflicted, or threatened or attempted to inflict, or unless
admitted is likely to inflict, physical harm on himself or herself or another;
or
(b) Is in need of substance abuse services and, by reason of substance
abuse impairment, his or her judgment has been so impaired that the person is
incapable of appreciating his or her need for such services and of making a
rational decision in regard thereto; however, mere refusal to receive such
services does not constitute evidence of lack of judgment with respect to his or
her need for such services.
History.--s. 6, ch. 93-39; s. 737, ch. 95-148.
397.6751 Service provider responsibilities regarding involuntary
admissions.--
(1) It is the responsibility of the service provider to:
(a) Ensure that a person who is admitted to a licensed service component
meets the admission criteria specified in s. 397.675;
(b) Ascertain whether the medical and behavioral conditions of the person,
as presented, are beyond the safe management capabilities of the service
provider;
(c) Provide for the admission of the person to the service component that
represents the least restrictive available setting that is responsive to the
person's treatment needs;
(d) Verify that the admission of the person to the service component does
not result in a census in excess of its licensed service capacity;
(e) Determine whether the cost of services is within the financial means
of the person or those who are financially responsible for the person's care;
and
(f) Take all necessary measures to ensure that each client in treatment is
provided with a safe environment, and to ensure that each client whose medical
condition or behavioral problem becomes such that he or she cannot be safely
managed by the service component is discharged and referred to a more
appropriate setting for care.
(2)(a) When, in the judgment of the service provider, the person who is
being presented for involuntary admission should not be admitted because of his
or her failure to meet admission criteria, because his or her medical or
behavioral conditions are beyond the safe management capabilities of the service
provider, or because of a lack of available space, services, or financial
resources to pay for his or her care, the service provider, in accordance with
federal confidentiality regulations, must attempt to contact the referral
source, which may be a law enforcement officer, physician, parent, legal
guardian if applicable, court and petitioner, or other referring party, to
discuss the circumstances and assist in arranging for alternative interventions.
(b) When the service provider is unable to reach the referral source, the
service provider must refuse admission and attempt to assist the person in
gaining access to other appropriate services, if indicated.
(c) Upon completing these efforts, the service provider must, within one
workday, report in writing to the referral sources, in compliance with federal
confidentiality regulations:
1. The basis for the refusal to admit the person, and
2. Documentation of the service provider's efforts to contact the referral
source and assist the person, when indicated, in gaining access to more
appropriate services.
(3) When, in the judgment of the service provider, the medical conditions
or behavioral problems of an involuntary client become such that they cannot be
safely managed by the service component, the service provider must discharge the
client and attempt to assist him or her in securing more appropriate services in
a setting more responsive to his or her needs. Upon completing these efforts,
the service provider must, within 72 hours, report in writing to the referral
source, in compliance with federal confidentiality regulations:
(a) The basis for the client's discharge, and
(b) Documentation of the service provider's efforts to assist the person
in gaining access to appropriate services.
History.--s. 6, ch. 93-39; s. 738, ch. 95-148.
397.6752 Referral of involuntarily admitted client for voluntary
treatment.--Upon giving his or her written informed consent, an
involuntarily admitted client may be referred to a service provider for
voluntary admission when the service provider determines that the client no
longer meets involuntary criteria.
History.--s. 6, ch. 93-39; s. 739, ch. 95-148.
397.6758 Release of client from protective custody, emergency
admission, involuntary assessment, involuntary treatment, and alternative
involuntary assessment of a minor.--A client involuntarily admitted to a
licensed service provider may be released without further order of the court
only by a qualified professional in a hospital, a detoxification facility, an
addictions receiving facility, or any less restrictive treatment component.
Notice of the release must be provided to the applicant in the case of an
emergency admission or an alternative involuntary assessment for a minor, or to
the petitioner and the court if the involuntary assessment or treatment was
court ordered. In the case of a minor client, the release must be:
(1) To the client's parent, legal guardian, or legal custodian or the
authorized designee thereof;
(2) To the Department of Children and Family Services pursuant to s.
39.401; or
(3) To the Department of Juvenile Justice pursuant to s. 984.13.
History.--s. 6, ch. 93-39; s. 35, ch. 98-280.
397.6759 Parental participation in treatment.--A parent, legal
guardian, or legal custodian who seeks involuntary admission of a minor pursuant
to ss. 397.675-397.6977 is required to participate in all aspects of treatment
as determined appropriate by the director of the licensed service provider.
History.--s. 6, ch. 93-39.
B. Noncourt Involved Admissions:
Protective Custody
397.677 Protective custody; circumstances justifying.
397.6771 Protective custody with consent.
397.6772 Protective custody without consent.
397.6773 Dispositional alternatives after protective custody.
397.6774 Department to maintain lists of licensed facilities.
397.6775 Immunity from liability.
397.677 Protective custody; circumstances justifying.--A law
enforcement officer may implement protective custody measures as specified in
this part when a minor or an adult who appears to meet the involuntary admission
criteria in s. 397.675 is:
(1) Brought to the attention of law enforcement; or
(2) In a public place.
History.--s. 6, ch. 93-39.
397.6771 Protective custody with consent.--A person in
circumstances which justify protective custody, as described in s. 397.677, may
consent to be assisted by a law enforcement officer to his or her home, to a
hospital, or to a licensed detoxification or addictions receiving facility,
whichever the officer determines is most appropriate.
History.--s. 6, ch. 93-39; s. 740, ch. 95-148.
397.6772 Protective custody without consent.--
(1) If a person in circumstances which justify protective custody as
described in s. 397.677 fails or refuses to consent to assistance and a law
enforcement officer has determined that a hospital or a licensed detoxification
or addictions receiving facility is the most appropriate place for the person,
the officer may, after giving due consideration to the expressed wishes of the
person:
(a) Take the person to a hospital or to a licensed detoxification or
addictions receiving facility against the person's will but without using
unreasonable force; or
(b) In the case of an adult, detain the person for his or her own
protection in any municipal or county jail or other appropriate detention
facility.
Such detention is not to be considered an arrest for any purpose, and no entry
or other record may be made to indicate that the person has been detained or
charged with any crime. The officer in charge of the detention facility must
notify the nearest appropriate licensed service provider within the first 8
hours after detention that the person has been detained. It is the duty of the
detention facility to arrange, as necessary, for transportation of the person to
an appropriate licensed service provider with an available bed. Persons taken
into protective custody must be assessed by the attending physician within the
72-hour period and without unnecessary delay, to determine the need for further
services.
(2) The nearest relative of a minor in protective custody must be notified
by the law enforcement officer, as must the nearest relative of an adult, unless
the adult requests that there be no notification.
History.--s. 6, ch. 93-39; s. 741, ch. 95-148.
397.6773 Dispositional alternatives after protective custody.--
(1) A client who is in protective custody must be released by a qualified
professional when:
(a) The client no longer meets the involuntary admission criteria in s.
397.675(1);
(b) The 72-hour period has elapsed; or
(c) The client has consented to remain voluntarily at the licensed service
provider.
(2) A client may only be retained in protective custody beyond the 72-hour
period when a petition for involuntary assessment or treatment has been
initiated. The timely filing of the petition authorizes the service provider to
retain physical custody of the client pending further order of the court.
History.--s. 6, ch. 93-39; s. 742, ch. 95-148.
397.6774 Department to maintain lists of licensed facilities.--The
department shall provide each municipal and county public safety office with a
list of licensed hospitals, detoxification facilities, and addictions receiving
facilities, including the name, address, and phone number of, and the services
offered by, the licensed service provider.
History.--s. 6, ch. 93-39.
397.6775 Immunity from liability.--A law enforcement officer acting
in good faith pursuant to this part may not be held criminally or civilly liable
for false imprisonment.
History.--s. 6, ch. 93-39.
C. Noncourt Involved Admissions;
Emergency
397.679 Emergency admission; circumstances justifying.
397.6791 Emergency admission; persons who may initiate.
397.6793 Physician's certificate for emergency admission.
397.6795 Transportation-assisted delivery of persons for emergency
assessment.
397.6797 Dispositional alternatives after emergency admission.
397.679 Emergency admission; circumstances justifying.--A person
who meets the criteria for involuntary admission in s. 397.675 may be admitted
to a hospital or to a licensed detoxification facility or addictions receiving
facility for emergency assessment and stabilization, or to a less intensive
component of a licensed service provider for assessment only, upon receipt by
the facility of the physician's certificate and the completion of an application
for emergency admission.
History.--s. 6, ch. 93-39.
397.6791 Emergency admission; persons who may initiate.--The
following persons may request an emergency admission:
(1) In the case of an adult, the certifying physician, the person's spouse
or guardian, any relative of the person, or any other responsible adult who has
personal knowledge of the person's substance abuse impairment.
(2) In the case of a minor, the minor's parent, legal guardian, or legal
custodian.
History.--s. 6, ch. 93-39.
397.6793 Physician's certificate for emergency admission.--
(1) The physician's certificate must include the name of the person to be
admitted, the relationship between the person and the physician, the
relationship between the applicant and the physician, any relationship between
the physician and the licensed service provider, and a statement that the person
has been examined and assessed within 5 days of the application date, and must
include factual allegations with respect to the need for emergency admission,
including:
(a) The reason for the physician's belief that the person is substance
abuse impaired; and
(b) The reason for the physician's belief that because of such impairment
the person has lost the power of self-control with respect to substance abuse;
and either
(c)1. The reason the physician believes that the person has inflicted or
is likely to inflict physical harm on himself or herself or others unless
admitted; or
2. The reason the physician believes that the person's refusal to
voluntarily receive care is based on judgment so impaired by reason of substance
abuse that the person is incapable of appreciating his or her need for care and
of making a rational decision regarding his or her need for care.
(2) The physician's certificate must recommend the least restrictive type
of service that is appropriate for the person. The certificate must be signed by
the physician.
(3) A signed copy of the physician's certificate shall accompany the
person, and shall be made a part of the person's clinical record, together with
a signed copy of the application. The application and physician's certificate
authorize the involuntary admission of the person pursuant to, and subject to
the provisions of ss. 397.679-397.6797.
(4) The physician's certificate must indicate whether the person requires
transportation assistance for delivery for emergency admission and specify,
pursuant to s. 397.6795, the type of transportation assistance necessary.
History.--s. 6, ch. 93-39; s. 743, ch. 95-148.
397.6795 Transportation-assisted delivery of persons for emergency
assessment.--An applicant for a person's emergency admission, or the
person's spouse or guardian, a law enforcement officer, or a health officer may
deliver a person named in the physician's certificate for emergency admission to
a hospital or a licensed detoxification facility or addictions receiving
facility for emergency assessment and stabilization.
History.--s. 6, ch. 93-39.
397.6797 Dispositional alternatives after emergency admission.--Within
72 hours after an emergency admission to a hospital or a licensed detoxification
or addictions receiving facility, the client must be assessed by the attending
physician to determine the need for further services. Within 5 days after an
emergency admission to a nonresidential component of a licensed service
provider, the client must be assessed by a qualified professional to determine
the need for further services. Based upon that assessment, a qualified
professional of the hospital, detoxification facility, or addictions receiving
facility, or a qualified professional if a less restrictive component was used,
must either:
(1) Release the client and, where appropriate, refer the client to other
needed services; or
(2) Retain the client when:
(a) The client has consented to remain voluntarily at the licensed
provider; or
(b) A petition for involuntary assessment or treatment has been initiated,
the timely filing of which authorizes the service provider to retain physical
custody of the client pending further order of the court.
History.--s. 6, ch. 93-39.
D. Noncourt Involved Admissions;
Alternative Involuntary
Assessment for Minors
397.6798 Alternative involuntary assessment procedure for minors.
397.6799 Disposition of minor client upon completion of alternative
involuntary assessment.
397.6798 Alternative involuntary assessment procedure for minors.--
(1) In addition to protective custody, emergency admission, and
involuntary assessment and stabilization, an addictions receiving facility may
admit a minor for involuntary assessment and stabilization upon the filing of an
application to an addictions receiving facility by the minor's parent, guardian,
or legal custodian. The application must establish the need for involuntary
assessment and stabilization based on the criteria for involuntary admission in
s. 397.675. Within 72 hours after involuntary admission of a minor, the minor
must be assessed to determine the need for further services. Assessments must be
performed by a qualified professional. If, after the 72-hour period, it is
determined by the attending physician that further services are necessary, the
minor may be kept for a period of up to 5 days, inclusive of the 72-hour period.
(2) An application for alternative involuntary assessment for a minor must
establish the need for immediate involuntary admission and contain the name of
the minor to be admitted, the name and signature of the applicant, the
relationship between the minor to be admitted and the applicant, and factual
allegations with respect to:
(a) The reason for the applicant's belief that the minor is substance
abuse impaired; and
(b) The reason for the applicant's belief that because of such impairment
the minor has lost the power of self-control with respect to substance abuse;
and either
(c)1. The reason the applicant believes that the minor has inflicted or is
likely to inflict physical harm on himself or herself or others unless admitted;
or
2. The reason the applicant believes that the minor's refusal to
voluntarily receive substance abuse services is based on judgment so impaired by
reason of substance abuse that he or she is incapable of appreciating his or her
need for such services and of making a rational decision regarding his or her
need for services.
History.--s. 6, ch. 93-39; s. 744, ch. 95-148.
397.6799 Disposition of minor client upon completion of alternative
involuntary assessment.--A minor who has been assessed pursuant to s.
397.6798 must, within the time specified, be released or referred for further
voluntary or involuntary treatment, whichever is most appropriate to the needs
of the minor.
History.--s. 6, ch. 93-39.
E. Court Involved Admissions, Civil
Involuntary Proceedings; Generally
397.681 Involuntary petitions; general provisions; court jurisdiction and
right to counsel.
397.681 Involuntary petitions; general provisions; court jurisdiction
and right to counsel.--
(1) JURISDICTION.--The courts have jurisdiction of involuntary assessment
and stabilization petitions and involuntary treatment petitions for substance
abuse impaired persons, and such petitions must be filed with the clerk of the
court in the county where the person is located. The chief judge may appoint a
general or special master to preside over all or part of the proceedings. The
alleged impaired person is named as the respondent.
(2) RIGHT TO COUNSEL.--A respondent has the right to counsel at every
stage of a proceeding relating to a petition for his or her involuntary
assessment and a petition for his or her involuntary treatment for substance
abuse impairment. A respondent who desires counsel and is unable to afford
private counsel has the right to court-appointed counsel and to the benefits of
s. 57.081. If the court believes that the respondent needs the assistance of
counsel, the court shall appoint such counsel for the respondent without regard
to the respondent's wishes. If the respondent is a minor not otherwise
represented in the proceeding, the court shall immediately appoint a guardian ad
litem to act on the minor's behalf.
History.--s. 6, ch. 93-39; s. 745, ch. 95-148.
F. Court Involved Admissions;
Involuntary Assessment; Stabilization
397.6811 Involuntary assessment and stabilization.
397.6814 Involuntary assessment and stabilization; contents of petition.
397.6815 Involuntary assessment and stabilization; procedure.
397.6818 Court determination.
397.6819 Involuntary assessment and stabilization; responsibility of
licensed service provider.
397.6821 Extension of time for completion of involuntary assessment and
stabilization.
397.6822 Disposition of client after involuntary assessment.
397.6811 Involuntary assessment and stabilization.--A person
determined by the court to appear to meet the criteria for involuntary admission
under s. 397.675 may be admitted for a period of 5 days to a hospital or to a
licensed detoxification facility or addictions receiving facility, for
involuntary assessment and stabilization or to a less restrictive component of a
licensed service provider for assessment only upon entry of a court order or
upon receipt by the licensed service provider of a petition. Involuntary
assessment and stabilization may be initiated by the submission of a petition to
the court.
(1) If the person upon whose behalf the petition is being filed is an
adult, a petition for involuntary assessment and stabilization may be filed by
the respondent's spouse or guardian, any relative, a private practitioner, the
director of a licensed service provider or the director's designee, or any three
adults who have personal knowledge of the respondent's substance abuse
impairment.
(2) If the person upon whose behalf the petition is being filed is a
minor, a petition for involuntary assessment and stabilization may be filed by a
parent, legal guardian, legal custodian, or licensed service provider.
History.--s. 6, ch. 93-39; s. 746, ch. 95-148.
397.6814 Involuntary assessment and stabilization; contents of
petition.--A petition for involuntary assessment and stabilization must
contain the name of the respondent; the name of the applicant or applicants; the
relationship between the respondent and the applicant; the name of the
respondent's attorney, if known, and a statement of the respondent's ability to
afford an attorney; and must state facts to support the need for involuntary
assessment and stabilization, including:
(1) The reason for the petitioner's belief that the respondent is
substance abuse impaired; and
(2) The reason for the petitioner's belief that because of such impairment
the respondent has lost the power of self-control with respect to substance
abuse; and either
(3)(a) The reason the petitioner believes that the respondent has
inflicted or is likely to inflict physical harm on himself or herself or others
unless admitted; or
(b) The reason the petitioner believes that the respondent's refusal to
voluntarily receive care is based on judgment so impaired by reason of substance
abuse that the respondent is incapable of appreciating his or her need for care
and of making a rational decision regarding that need for care. If the
respondent has refused to submit to an assessment, such refusal must be alleged
in the petition.
History.--s. 6, ch. 93-39; s. 747, ch. 95-148.
397.6815 Involuntary assessment and stabilization; procedure.--Upon
receipt and filing of the petition for the involuntary assessment and
stabilization of a substance abuse impaired person by the clerk of the court,
the court shall ascertain whether the respondent is represented by an attorney,
and if not, whether, on the basis of the petition, an attorney should be
appointed; and shall:
(1) Provide a copy of the petition and notice of hearing to the
respondent; the respondent's parent, guardian, or legal custodian, in the case
of a minor; the respondent's attorney, if known; the petitioner; the
respondent's spouse or guardian, if applicable; and such other persons as the
court may direct, and have such petition and notice personally delivered to the
respondent if he or she is a minor. The court shall also issue a summons to the
person whose admission is sought and conduct a hearing within 10 days; or
(2) Without the appointment of an attorney and, relying solely on the
contents of the petition, enter an ex parte order authorizing the involuntary
assessment and stabilization of the respondent. The court may order a law
enforcement officer or other designated agent of the court to take the
respondent into custody and deliver him or her to the nearest appropriate
licensed service provider.
History.--s. 6, ch. 93-39; s. 748, ch. 95-148.
397.6818 Court determination.--At the hearing initiated in
accordance with s. 397.6811(1), the court shall hear all relevant testimony. The
respondent must be present unless the court has reason to believe that his or
her presence is likely to be injurious to him or her, in which event the court
shall appoint a guardian advocate to represent the respondent. The respondent
has the right to examination by a court-appointed qualified professional. After
hearing all the evidence, the court shall determine whether there is a
reasonable basis to believe the respondent meets the involuntary admission
criteria of s. 397.675.
(1) Based on its determination, the court shall either dismiss the
petition or immediately enter an order authorizing the involuntary assessment
and stabilization of the respondent; or, if in the course of the hearing the
court has reason to believe that the respondent, due to mental illness other
than or in addition to substance abuse impairment, is likely to injure himself
or herself or another if allowed to remain at liberty, the court may initiate
involuntary proceedings under the provisions of part I of chapter 394.
(2) If the court enters an order authorizing involuntary assessment and
stabilization, the order shall include the court's findings with respect to the
availability and appropriateness of the least restrictive alternatives and the
need for the appointment of an attorney to represent the respondent, and may
designate the specific licensed service provider to perform the involuntary
assessment and stabilization of the respondent. The respondent may choose the
licensed service provider to deliver the involuntary assessment where possible
and appropriate.
(3) If the court finds it necessary, it may order the sheriff to take the
respondent into custody and deliver him or her to the licensed service provider
specified in the court order or, if none is specified, to the nearest
appropriate licensed service provider for involuntary assessment.
History.--s. 6, ch. 93-39; s. 749, ch. 95-148.
397.6819 Involuntary assessment and stabilization; responsibility of
licensed service provider.--A licensed service provider may admit a client
for involuntary assessment and stabilization for a period not to exceed 5 days.
The client must be assessed without unnecessary delay by a qualified
professional. If an assessment is performed by a qualified professional who is
not a physician, the assessment must be reviewed by a physician prior to the end
of the assessment period.
History.--s. 6, ch. 93-39.
397.6821 Extension of time for completion of involuntary assessment and
stabilization.--If a licensed service provider is unable to complete the
involuntary assessment and, if necessary, stabilization of a client within 5
days after the court's order, it may, within the original time period, file a
written request for an extension of time to complete its assessment, and shall,
in accordance with confidentiality requirements, furnish a copy to all parties.
With or without a hearing, the court may grant additional time, not to exceed 7
days after the date of the renewal order, for the completion of the involuntary
assessment and stabilization of the client. The original court order authorizing
the involuntary assessment and stabilization, or a request for an extension of
time to complete the assessment and stabilization that is timely filed pursuant
to this section, constitutes legal authority to involuntarily hold the client
for a period not to exceed 10 days in the absence of a court order to the
contrary.
History.--s. 6, ch. 93-39.
397.6822 Disposition of client after involuntary assessment.--Based
upon the involuntary assessment, a qualified professional of the hospital,
detoxification facility, or addictions receiving facility, or a qualified
professional when a less restrictive component has been used, must:
(1) Release the client and, where appropriate, refer the client to another
treatment facility or service provider, or to community services;
(2) Allow the client, if the client has consented, to remain voluntarily
at the licensed provider; or
(3) Retain the client when a petition for involuntary treatment has been
initiated, the timely filing of which authorizes the service provider to retain
physical custody of the client pending further order of the court.
Adhering to federal confidentiality regulations, notice of disposition must be
provided to the petitioner and to the court.
History.--s. 6, ch. 93-39.
G. Court Involved Admissions;
Involuntary Treatment
397.693 Involuntary treatment.
397.695 Involuntary treatment; persons who may petition.
397.6951 Contents of petition for involuntary treatment.
397.6955 Duties of court upon filing of petition for involuntary
treatment.
397.6957 Hearing on petition for involuntary treatment.
397.697 Court determination; effect of court order for involuntary
substance abuse treatment.
397.6971 Early release from involuntary substance abuse treatment.
397.6975 Extension of involuntary substance abuse treatment period.
397.6977 Disposition of client upon completion of involuntary substance
abuse treatment.
397.693 Involuntary treatment.--A person may be the subject of a
petition for court-ordered involuntary treatment pursuant to this part, if that
person meets the criteria for involuntary admission provided in s. 397.675 and:
(1) Has been placed under protective custody pursuant to s. 397.677 within
the previous 10 days;
(2) Has been subject to an emergency admission pursuant to s. 397.679
within the previous 10 days;
(3) Has been assessed by a qualified professional within 5 days;
(4) Has been subject to involuntary assessment and stabilization pursuant
to s. 397.6818 within the previous 12 days; or
(5) Has been subject to alternative involuntary admission pursuant to s.
397.6822 within the previous 12 days.
History.--s. 6, ch. 93-39.
397.695 Involuntary treatment; persons who may petition.--
(1) If the respondent is an adult, a petition for involuntary treatment
may be filed by the respondent's spouse or guardian, any relative, a service
provider, or any three adults who have personal knowledge of the respondent's
substance abuse impairment and his or her prior course of assessment and
treatment.
(2) If the respondent is a minor, a petition for involuntary treatment may
be filed by a parent, legal guardian, or service provider.
History.--s. 6, ch. 93-39; s. 750, ch. 95-148.
397.6951 Contents of petition for involuntary treatment.--A
petition for involuntary treatment must contain the name of the respondent to be
admitted; the name of the petitioner or petitioners; the relationship between
the respondent and the petitioner; the name of the respondent's attorney, if
known, and a statement of the petitioner's knowledge of the respondent's ability
to afford an attorney; the findings and recommendations of the assessment
performed by the qualified professional; and the factual allegations presented
by the petitioner establishing the need for involuntary treatment, including:
(1) The reason for the petitioner's belief that the respondent is
substance abuse impaired; and
(2) The reason for the petitioner's belief that because of such impairment
the respondent has lost the power of self-control with respect to substance
abuse; and either
(3)(a) The reason the petitioner believes that the respo