Florida State Laws and Regulations
Members must log in to see the full answers and download the forms.
Questions/Concerns:
info@bhap.us | 888-958-2282
The information provided in this FAQ is intended to provide general information only and does not constitute legal counsel or advice. Members are encouraged to seek their own independent legal counsel to establish compliant policies, procedures, and programs.
View in full-screen mode for the best reading.
Downloadable Resources:
You MUST be logged in as a BHAP member in order to access these downloadable forms.
- Employee Confidentiality Agreement
- Employee Orientation Checklist
- Client Records Checklist
- Quality Assurance
- Initial Training Requirements
Overview
A list of overall rules and regulations for Florida. Click on the appropriate question to expand for more information.
What is the "Florida Model" and how does it differ from the "Social Model"?
Which addiction treatment facilities are required to be licensed and what kind of services can they provide?
Which service providers are not required to be licensed by the Department of Children and Families?
What does it mean to be "licensed," "certified," or "accredited" in this industry?
Licensing
A list of rules and regulations for Florida with regards to licensing. Click on the appropriate question to expand for more information.
Which body licenses primary substance abuse rehabilitation facilities in Florida?
What kind of licenses are there?
What information must be provided in my initial application for licensure?
What will the Department of Children and Families consider in determining whether to grant a license?
How long does a licensing application usually take?
How should I prepare for an on-site audit for licensure determination?
What kind of things could affect a license once granted?
Under what circumstances can a license be denied, suspended, or revoked?
Certification
A list of rules and regulations for Florida with regards to certification. Click on the appropriate question to expand for more information.
Does our facility have to be certified?
What are the practical benefits of certifying my facility?
How do I apply for certification/what information do I include?
How long does FARR take to review my application?
What should I do in preparation for the on-site compliance review?
What happens if we have compliance deficiencies and they are discovered at an on-site review or at some other time?
How often must I renew certification?
Under what circumstances can FARR conduct an unannounced on-site inspection?
Zoning and Land Use
A list of rules and regulations for Florida with regards to zoning and land use. Click on the appropriate question to expand for more information.
What are the protections afforded to facilities used for drug rehabilitation?
Are there any proximity restrictions regulating how close treatment centers may be to each other? Can I open a residential treatment center right next to one that is already there?
Admissions
A list of rules and regulations for Florida with regards to admissions. Click on the appropriate question to expand for more information.
What client information should be collected during intake?
What should we put in our admissions agreement?
How does a program decide if a potential client is suitable for the services they can provide?
What are the restrictions around determining suitability for methadone or medical maintenance treatment?
If a client meets requirements to take home methadone, how frequently does the client need to come to the facility?
What kind of health clearances are needed prior to admitting a client?
Care, Treatment, and Services
A list of rules and regulations for Florida with regards to care, treatment, and services. Click on the appropriate question to expand for more information.
What information should we include in client orientation?
What information should go in a treatment plan?
How much contact should we have with the client once admitted?
How should we manage an aggressive client?
What rights are guaranteed to clients?
What are the grounds to dismiss a client from our program?
How do I dismiss a client from a methadone program?
If a client has relapsed and needs to be discharged, is the program at risk if that client overdoses, and what protective steps should be taken?
How should clients' privacy be protected?
What kind of governance structure should a substance abuse treatment facility have?
How many staff will we need to operate our program?
Can we employ our clients?
May substance abuse treatment facilities have medical staff?
What services can addiction treatment staff provide?
Payment and Marketing
A list of rules and regulations for Florida with regards to payment and marketing. Click on the appropriate question to expand for more information.
What are our obligations to patients with regard to payment issues?
How should programs respond to clients who are unable to pay the required deductibles? Can a program waive a participant's financial responsibility?
What are the key issues insurers raise to demand recoupment of fees from substance abuse treatment programs?
What marketing practices are prohibited? What disclosures are required?
What are the limits of gift giving to potential referral sources?
What kind of benefits can I offer existing or new clients?
Recovery Residences
A list of rules and regulations for Florida with regards to sober living environments. Click on the appropriate question to expand for more information.
What is a recovery residence?
Do we need a license to open a recovery residence?
Are there any consequences to being "unlicensed"?
What kind of services can a recovery residence offer?
How can a recovery residence demonstrate to our residents that we are offering a high-quality living environment?
Do we have to obtain certification in order to operate?
How do I apply for certification and what is the process?
What should I do in preparation for the on-site compliance review?
How often must I renew certification?
How does a recovery residence apply for accreditation?
What are the legal protections afforded to recovery residences?
Can local governments put special restrictions on recovery residences?
What other aspects should I consider before choosing a location for our recovery residence?
What are our obligations to residents?
What kind of agreement should we ask our residents to sign?
Can a recovery residence insist on drug tests and searches?
Can a recovery residence bill insurance for required and/or random drug testing?
Can residents' obligations be made contractually enforceable?
What kind of ownership and staffing structures are common with recovery resident arrangements?
Are there any other organizations that could be helpful to us?
Reminder:
The information provided in this FAQ is intended to provide general information only and does not constitute legal counsel or advice. Members are encouraged to seek their own independent legal counsel to establish compliant policies, procedures, and programs.
Members must log in to see the full answer and download the forms.
Questions/Concerns:
info@bhap.us | 888-958-2282
A national membership association that provides education and advocacy for those in the behavioral health and addiction treatment industries.
We are the leading and unifying voice of addiction-focused treatment programs.
