Legal

Florida State Laws and Regulations

Florida Frequently Asked Questions

Members must log in to see the full answers and download the forms.

Members Login | Join BHAP

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.

 

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"?
Members must log in to see the answer. Members Login | Join Today

Which addiction treatment facilities are required to be licensed and what kind of services can they provide?
Members must log in to see the answer. Members Login | Join Today

Which service providers are not required to be licensed by the Department of Children and Families?
Members must log in to see the answer. Members Login | Join Today

What does it mean to be "licensed," "certified," or "accredited" in this industry?
Members must log in to see the answer. Members Login | Join Today

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?
Members must log in to see the answer. Members Login | Join Today

What kind of licenses are there?
Members must log in to see the answer. Members Login | Join Today

What information must be provided in my initial application for licensure?
Members must log in to see the answer. Members Login | Join Today

What will the Department of Children and Families consider in determining whether to grant a license?
Members must log in to see the answer. Members Login | Join Today

How long does a licensing application usually take?
Members must log in to see the answer. Members Login | Join Today

How should I prepare for an on-site audit for licensure determination?
Members must log in to see the answer. Members Login | Join Today

What kind of things could affect a license once granted?
Members must log in to see the answer. Members Login | Join Today

Under what circumstances can a license be denied, suspended, or revoked?
Members must log in to see the answer. Members Login | Join Today

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?
Members must log in to see the answer. Members Login | Join Today

What are the practical benefits of certifying my facility?
Members must log in to see the answer. Members Login | Join Today

How do I apply for certification/what information do I include?
Members must log in to see the answer. Members Login | Join Today

How long does FARR take to review my application?
Members must log in to see the answer. Members Login | Join Today

What should I do in preparation for the on-site compliance review?
Members must log in to see the answer. Members Login | Join Today

What happens if we have compliance deficiencies and they are discovered at an on-site review or at some other time?
Members must log in to see the answer. Members Login | Join Today

How often must I renew certification?
Members must log in to see the answer. Members Login | Join Today

Under what circumstances can FARR conduct an unannounced on-site inspection?
Members must log in to see the answer. Members Login | Join Today

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?
Members must log in to see the answer. Members Login | Join Today

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?
Members must log in to see the answer. Members Login | Join Today

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?
Members must log in to see the answer. Members Login | Join Today

What should we put in our admissions agreement?
Members must log in to see the answer. Members Login | Join Today

How does a program decide if a potential client is suitable for the services they can provide?
Members must log in to see the answer. Members Login | Join Today

What are the restrictions around determining suitability for methadone or medical maintenance treatment?
Members must log in to see the answer. Members Login | Join Today

If a client meets requirements to take home methadone, how frequently does the client need to come to the facility?
Members must log in to see the answer. Members Login | Join Today

What kind of health clearances are needed prior to admitting a client?
Members must log in to see the answer. Members Login | Join Today

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?
Members must log in to see the answer. Members Login | Join Today

What information should go in a treatment plan?
Members must log in to see the answer. Members Login | Join Today

How much contact should we have with the client once admitted?
Members must log in to see the answer. Members Login | Join Today

How should we manage an aggressive client?
Members must log in to see the answer. Members Login | Join Today

What rights are guaranteed to clients?
Members must log in to see the answer. Members Login | Join Today

What are the grounds to dismiss a client from our program?
Members must log in to see the answer. Members Login | Join Today

How do I dismiss a client from a methadone program?
Members must log in to see the answer. Members Login | Join Today

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?
Members must log in to see the answer. Members Login | Join Today
How should clients' privacy be protected?
Members must log in to see the answer. Members Login | Join Today
What kind of governance structure should a substance abuse treatment facility have?
Members must log in to see the answer. Members Login | Join Today

How many staff will we need to operate our program?
Members must log in to see the answer. Members Login | Join Today

Can we employ our clients?
Members must log in to see the answer. Members Login | Join Today

May substance abuse treatment facilities have medical staff?
Members must log in to see the answer. Members Login | Join Today

What services can addiction treatment staff provide?
Members must log in to see the answer. Members Login | Join Today

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?
Members must log in to see the answer. Members Login | Join Today

How should programs respond to clients who are unable to pay the required deductibles? Can a program waive a participant's financial responsibility?
Members must log in to see the answer. Members Login | Join Today

What are the key issues insurers raise to demand recoupment of fees from substance abuse treatment programs?
Members must log in to see the answer. Members Login | Join Today

What marketing practices are prohibited? What disclosures are required?
Members must log in to see the answer. Members Login | Join Today

What are the limits of gift giving to potential referral sources?
Members must log in to see the answer. Members Login | Join Today

What kind of benefits can I offer existing or new clients?
Members must log in to see the answer. Members Login | Join Today

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?
Members must log in to see the answer. Members Login | Join Today

Do we need a license to open a recovery residence?
Members must log in to see the answer. Members Login | Join Today

Are there any consequences to being "unlicensed"?
Members must log in to see the answer. Members Login | Join Today

What kind of services can a recovery residence offer?
Members must log in to see the answer. Members Login | Join Today

How can a recovery residence demonstrate to our residents that we are offering a high-quality living environment?
Members must log in to see the answer. Members Login | Join Today

Do we have to obtain certification in order to operate?
Members must log in to see the answer. Members Login | Join Today

How do I apply for certification and what is the process?
Members must log in to see the answer. Members Login | Join Today

What should I do in preparation for the on-site compliance review?
Members must log in to see the answer. Members Login | Join Today

How often must I renew certification?
Members must log in to see the answer. Members Login | Join Today

How does a recovery residence apply for accreditation?
Members must log in to see the answer. Members Login | Join Today

What are the legal protections afforded to recovery residences?
Members must log in to see the answer. Members Login | Join Today

Can local governments put special restrictions on recovery residences?
Members must log in to see the answer. Members Login | Join Today

What other aspects should I consider before choosing a location for our recovery residence?
Members must log in to see the answer. Members Login | Join Today

What are our obligations to residents?
Members must log in to see the answer. Members Login | Join Today

What kind of agreement should we ask our residents to sign?
Members must log in to see the answer. Members Login | Join Today

Can a recovery residence insist on drug tests and searches?
Members must log in to see the answer. Members Login | Join Today

Can a recovery residence bill insurance for required and/or random drug testing?
Members must log in to see the answer. Members Login | Join Today

Can residents' obligations be made contractually enforceable?
Members must log in to see the answer. Members Login | Join Today

What kind of ownership and staffing structures are common with recovery resident arrangements?
Members must log in to see the answer. Members Login | Join Today

Are there any other organizations that could be helpful to us?
Members must log in to see the answer. Members Login | Join Today

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.

BHAP members log in to see the answer. Members Login | Join Today

Back to Top

NBHAP Logo

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.

Join Now


Contact Us


Hours
Monday - Friday
8:30 am - 4:30 pm Pacific
(closed major holidays)


a stick figure pointing at a red version of the legal symbol. Text reads 'Check out our Legal Repository'