reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.3027 - Patient immigration status data collection.

395.3027 Patient immigration status data collection.—
(1) Each hospital that accepts Medicaid must include a provision on its patient admission or registration forms for the patient or the patient’s representative to state or indicate whether the patient is a United States citizen or lawfully present in the United States or is not lawfully present in the United States. The inquiry must be followed by a statement that the response will not affect patient care or result in a report of the patient’s immigration status to immigration authorities.
(2) Each hospital must submit a quarterly report to the agency within 30 days after the end of each calendar quarter which reports the number of hospital admissions or emergency department visits within the previous quarter which were made by a patient who indicated that he or she was a citizen of the United States or lawfully present in the United States, was not lawfully present in the United States, or declined to answer.
(3) By March 1 of each year, the agency shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives which includes the total number of hospital admissions and emergency department visits for the previous calendar year for which the patient or patient’s representative reported that the patient was a citizen of the United States or lawfully present in the United States, was not lawfully present in the United States, or declined to answer. The report must also describe information relating to the costs of uncompensated care for aliens who are not lawfully present in the United States, the impact of uncompensated care on the cost or ability of hospitals to provide services to the public, hospital funding needs, and other related information.
(4) The agency may adopt rules relating to the format and information to be contained in quarterly reports and the acceptable formats for hospitals to use in requesting information regarding a patient’s immigration status on hospital admission or registration forms. The rules may not require the disclosure of patient names or any other personal identifying information to the agency.
History.—s. 5, ch. 2023-40.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.3036 - Confidentiality of records and meetings of entities that lease public hospitals or other public health care facilities.

395.3036 Confidentiality of records and meetings of entities that lease public hospitals or other public health care facilities.—The records of a private entity that leases a public hospital or other public health care facility are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, and the meetings of the governing board of a private entity are exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution if the public lessor complies with the public finance accountability provisions of s. 155.40(18) with respect to the transfer of any public funds to the private lessee and if the private lessee meets at least three of the five following criteria:
(1) The public lessor that owns the public hospital or other public health care facility was not the incorporator or initial member of the private entity that leases the public hospital or other health care facility.
(2) The public lessor and the private lessee do not commingle any of their funds in any account maintained by either of them, other than the payment of the rent and administrative fees or the transfer of funds pursuant to subsection (5).
(3) Except as otherwise provided by law, the private lessee is not allowed to participate, except as a member of the public, in the decisionmaking process of the public lessor.
(4) The lease agreement does not expressly require the lessee to comply with ss. 119.07(1) and 286.011.
(5) The public lessor is not entitled to receive any revenues from the lessee, except for rental or administrative fees due under the lease, and the lessor is not responsible for the debts or other obligations of the lessee.
History.—s. 1, ch. 98-330; s. 6, ch. 2012-66.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.3037 - Definitions.

395.3037 Definitions.—As used in this act, the term:
(1) “Department” means the Department of Health.
(2) “Agency” means the Agency for Health Care Administration.
History.—s. 2, ch. 2004-325.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.3038 - State-listed stroke centers; notification of hospitals.

395.3038 State-listed stroke centers; notification of hospitals.—
(1) The agency shall make available on its website and to the department a list of the name and address of each hospital that is certified by a nationally recognized certifying organization as an acute stroke ready center, a primary stroke center, a thrombectomy-capable stroke center, or a comprehensive stroke center. The list of stroke centers must include only those hospitals that have submitted documentation to the agency verifying their certification as an acute stroke ready center, a primary stroke center, a thrombectomy-capable stroke center, or a comprehensive stroke center, which may include, but is not limited to, any stroke center that offers and performs mechanical endovascular therapy consistent with the standards identified by a nationally recognized guidelines-based organization approved by the agency. Each hospital that has attested in an affidavit to the agency that it meets the criteria in this subsection must be certified by a nationally recognized accrediting organization by July 1, 2021.
(2)(a) If a hospital no longer chooses to be certified by a nationally recognized certifying organization or has not attained certification consistent with the criteria in subsection (1) as an acute stroke ready center, a primary stroke center, a thrombectomy-capable stroke center, or a comprehensive stroke center, the hospital shall notify the agency and the agency shall immediately remove the hospital from the list of stroke centers.
(b)1. This subsection does not apply if the hospital is unable to provide stroke treatment services for a period of time not to exceed 2 months. The hospital shall immediately notify all local emergency medical services providers when the temporary unavailability of stroke treatment services begins and when the services resume.
2. If stroke treatment services are unavailable for more than 2 months, the agency shall remove the hospital from the list of stroke centers until the hospital notifies the agency that stroke treatment services have been resumed.
(3) This act is not a medical practice guideline and may not be used to restrict the authority of a hospital to provide services for which it is licensed under chapter 395. The Legislature intends that all patients be treated individually based on each patient’s needs and circumstances.
History.—s. 3, ch. 2004-325; s. 3, ch. 2013-93; s. 1, ch. 2017-172; s. 1, ch. 2019-135.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.30381 - Statewide stroke registry.

395.30381 Statewide stroke registry.—
(1) Subject to a specific appropriation, the department shall contract with a private entity to establish and maintain a statewide stroke registry to ensure that the stroke performance measures required to be submitted under subsection (2) are maintained and available for use to improve or modify the stroke care system, ensure compliance with standards and nationally recognized guidelines, and monitor stroke patient outcomes.
(2) Each acute stroke ready center, primary stroke center, thrombectomy-capable stroke center, and comprehensive stroke center shall regularly report to the statewide stroke registry information containing nationally recognized stroke performance measures.
(3) The department shall require the contracted private entity to use a nationally recognized platform to collect data from each stroke center on the stroke performance measures required in subsection (2). The contracted private entity shall provide regular reports to the department on the data collected.
(4) A liability of any kind or character for damages or other relief shall not arise or be enforced against any acute stroke ready center, primary stroke center, thrombectomy-capable stroke center, or comprehensive stroke center by reason of having provided such information to the statewide stroke registry.
History.—s. 2, ch. 2017-172; s. 2, ch. 2019-135.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.3039 - Advertising restrictions.

395.3039 Advertising restrictions.—A person may not advertise to the public, by way of any medium whatsoever, that a hospital is a state-listed stroke center unless the hospital has submitted documentation to the agency verifying that it is certified and meets the criteria as required in s. 395.3038.
History.—s. 4, ch. 2004-325; s. 3, ch. 2019-135.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part I - Hospitals and Other Licensed Facilities (Ss. 395.001-395.3041) › 395.3041 - Emergency medical services providers; triage and transportation of stroke victims to a stroke center.

395.3041 Emergency medical services providers; triage and transportation of stroke victims to a stroke center.—
(1) By June 1 of each year, the department shall send the list of acute stroke ready centers, primary stroke centers, thrombectomy-capable stroke centers, and comprehensive stroke centers to the medical director of each licensed emergency medical services provider in the state.
(2) The department shall develop a sample stroke-triage assessment tool. The department must post this sample assessment tool on its website and provide a copy of the assessment tool to each licensed emergency medical services provider. Each licensed emergency medical services provider must use a stroke-triage assessment tool that is substantially similar to the sample stroke-triage assessment tool provided by the department.
(3) The medical director of each licensed emergency medical services provider shall develop and implement assessment, treatment, and transport-destination protocols for stroke patients with the intent to assess, treat, and transport stroke patients to the most appropriate hospital. Such protocols must consider the capability of an emergency receiving facility to improve outcomes for those patients suspected of having an emergent large vessel occlusion.
(4) Each emergency medical services provider licensed under chapter 401 must comply with this section.
History.—s. 5, ch. 2004-325; s. 3, ch. 2017-172; s. 4, ch. 2019-135.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part II - Trauma (Ss. 395.40-395.51) › 395.4015 - State regional trauma planning; trauma regions.

395.4015 State regional trauma planning; trauma regions.—
(1) The department shall establish a state trauma system plan. As part of the state trauma system plan, the department shall establish trauma regions that cover all geographical areas of the state and have boundaries that are coterminous with the boundaries of the regional domestic security task forces established under s. 943.0312. These regions may serve as the basis for the development of department-approved local or regional trauma plans. However, the delivery of trauma services by or in coordination with a trauma agency established before July 1, 2004, may continue in accordance with public and private agreements and operational procedures entered into as provided in s. 395.401.
(2) The department shall consider the advice and recommendations of any affected local or regional trauma agency in developing the state trauma system plan.
(3) The department shall use the state trauma system plan as the basis for establishing a statewide inclusive trauma system.
History.—s. 5, ch. 87-399; s. 2, ch. 88-186; s. 1, ch. 88-303; s. 5, ch. 89-275; ss. 36, 98, ch. 92-289; s. 3, ch. 2000-189; s. 5, ch. 2004-259.
Note.—Former s. 395.032.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part II - Trauma (Ss. 395.40-395.51) › 395.403 - Reimbursement of trauma centers.

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395.403 Reimbursement of trauma centers.—
(1) All verified trauma centers shall be considered eligible to receive state funding when state funds are specifically appropriated for state-sponsored trauma centers in the General Appropriations Act. Effective July 1, 2010, the department shall make payments from the Emergency Medical Services Trust Fund under s. 20.435 to the trauma centers. Payments shall be in equal amounts for the trauma centers approved by the department as of July 1 of the fiscal year in which funding is appropriated. In the event a trauma center does not maintain its status as a trauma center for any state fiscal year in which such funding is appropriated, the trauma center shall repay the state for the portion of the year during which it was not a trauma center.
(2) Trauma centers eligible to receive distributions from the Emergency Medical Services Trust Fund under s. 20.435 in accordance with subsection (1) may request that such funds be used as intergovernmental transfer funds in the Medicaid program.
(3) In order to receive state funding, a hospital must be a verified trauma center and shall:
(a) Agree to conform to all departmental requirements as provided by rule to assure high-quality trauma services.
(b) Agree to report trauma data to the National Trauma Data Bank.
(c) Agree to accept all trauma patients, regardless of ability to pay, on a functional space-available basis.
(4) A trauma center that fails to comply with any of the conditions listed in subsection (3) or the applicable rules of the department may not receive payments under this section for the period in which it was not in compliance.
History.—ss. 7, 15, ch. 90-284; s. 79, ch. 91-282; s. 92, ch. 92-33; ss. 39, 98, ch. 92-289; s. 19, ch. 98-89; s. 8, ch. 2004-259; s. 10, ch. 2010-161; s. 7, ch. 2018-66.
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Note.—Section 14, ch. 2018-66, provides that “[i]f the provisions of this act relating to s. 395.4025(16), Florida Statutes, are held to be invalid or inoperative for any reason, the remaining provisions of this act shall be deemed to be void and of no effect, it being the legislative intent that this act as a whole would not have been adopted had any provision of the act not been included.”
Note.—Former s. 395.034.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part II - Trauma (Ss. 395.40-395.51) › 395.404 - Reporting of trauma data; report to National Trauma Data Bank.

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395.404 Reporting of trauma data; report to National Trauma Data Bank.—
(1) Each trauma center shall participate in the National Trauma Data Bank, and the department shall solely use the National Trauma Data Bank for quality and assessment purposes.
(2) Each trauma center and acute care hospital shall report to the department all transfers of trauma patients and the outcomes for such patients.
(3) Each trauma center and acute care hospital shall report to the department’s brain and spinal cord injury central registry, consistent with the procedures and timeframes of s. 381.74, any person who has a moderate-to-severe brain or spinal cord injury, and shall include in the report the name, age, residence, and type of disability of the individual and any additional information that the department finds necessary.
History.—s. 7, ch. 87-399; s. 3, ch. 88-186; s. 1, ch. 88-303; s. 10, ch. 90-344; ss. 41, 98, ch. 92-289; s. 3, ch. 94-324; s. 4, ch. 95-387; s. 28, ch. 95-398; s. 219, ch. 96-406; s. 16, ch. 2000-153; s. 21, ch. 2002-22; s. 25, ch. 2004-350; s. 59, ch. 2005-2; s. 9, ch. 2018-66.
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Note.—Section 14, ch. 2018-66, provides that “[i]f the provisions of this act relating to s. 395.4025(16), Florida Statutes, are held to be invalid or inoperative for any reason, the remaining provisions of this act shall be deemed to be void and of no effect, it being the legislative intent that this act as a whole would not have been adopted had any provision of the act not been included.”
Note.—Former s. 395.035.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part II - Trauma (Ss. 395.40-395.51) › 395.405 - Rulemaking.

395.405 Rulemaking.—The department shall adopt and enforce all rules necessary to administer ss. 395.401, 395.4015, 395.402, 395.4025, 395.403, 395.404, and 395.4045.
History.—s. 7, ch. 89-275; s. 17, ch. 89-283; s. 2, ch. 90-187; s. 1, ch. 90-192; s. 8, ch. 90-284; ss. 43, 98, ch. 92-289; s. 6, ch. 2000-189; s. 36, ch. 2009-223.
Note.—Former s. 395.037.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part II - Trauma (Ss. 395.40-395.51) › 395.51 - Confidentiality and quality assurance activities of trauma agencies.

395.51 Confidentiality and quality assurance activities of trauma agencies.—
(1) All information which is confidential by operation of law and which is obtained by a local or regional trauma agency or a panel or committee assembled by a local or regional trauma agency pursuant to s. 395.50, shall retain its confidential status and be exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(2) All information which is confidential by operation of law and which is obtained by a hospital or emergency medical services provider from a local or regional trauma agency or a panel or committee assembled by a local or regional trauma agency pursuant to s. 395.50, shall retain its confidential status and shall be exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(3) Portions of meetings, proceedings, reports, and records of a local or regional trauma agency, or a panel or committee assembled by a local or regional trauma agency pursuant to this chapter, which relate solely to patient care quality assurance are confidential and exempt from the provisions of s. 286.011, and s. 24(b), Art. I of the State Constitution and are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, respectively. Patient care quality assurance, for the purpose of this section, shall include consideration of specific persons, cases, incidents relevant to the performance of quality control, and system evaluation.
History.—s. 4, ch. 94-260; s. 220, ch. 96-406.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part III - Rural Hospitals (Ss. 395.602-395.6061) › 395.603 - Rural hospital impact statement.

395.603 Rural hospital impact statement.—In formulating and implementing policies and rules that may have significant impact on the ability of rural hospitals to continue to provide health care services in rural communities, the agency, the department, or the respective regulatory board adopting policies or rules regarding the licensure or certification of health care professionals shall provide a rural hospital impact statement. The rural hospital impact statement shall assess the proposed action in light of the following questions:
(1) Do the health personnel affected by the proposed action currently practice in rural hospitals or are they likely to in the near future?
(2) What are the current numbers of the affected health personnel in this state, their geographic distribution, and the number practicing in rural hospitals?
(3) What are the functions presently performed by the affected health personnel, and are such functions presently performed in rural hospitals?
(4) What impact will the proposed action have on the ability of rural hospitals to recruit the affected personnel to practice in their facilities?
(5) What impact will the proposed action have on the limited financial resources of rural hospitals through increased salaries and benefits necessary to recruit or retain such health personnel?
(6) Is there a less stringent requirement which could apply to practice in rural hospitals?
(7) Will this action create staffing shortages, which could result in a loss to the public of health care services in rural hospitals or result in closure of any rural hospitals?
History.—s. 8, ch. 89-527; s. 1, ch. 90-192; ss. 46, 47, 98, ch. 92-289; s. 98, ch. 97-101; s. 39, ch. 2018-24; s. 7, ch. 2018-112.
Note.—Former s. 395.103.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part III - Rural Hospitals (Ss. 395.602-395.6061) › 395.6061 - Rural hospital capital improvement.

395.6061 Rural hospital capital improvement.—There is established a rural hospital capital improvement grant program.
(1) A rural hospital as defined in s. 395.602 may apply to the department for a grant. The grant application must provide information that includes:
(a) A statement indicating the problem the rural hospital proposes to solve with the grant funds;
(b) The strategy proposed to resolve the problem;
(c) The organizational structure, financial system, and facilities that are essential to the proposed solution;
(d) The projected longevity of the proposed solution after the grant funds are expended;
(e) Evidence of participation in a rural health network as defined in s. 381.0406;
(f) Evidence that the rural hospital has difficulty in obtaining funding or that funds available for the proposed solution are inadequate;
(g) Evidence that the grant funds will assist in maintaining or returning the hospital to an economically stable condition or that any plan for closure or realignment of services will involve development of innovative alternatives for the discontinued services;
(h) Evidence of a satisfactory record-keeping system to account for grant fund expenditures within the rural county;
(i) A rural health network plan that includes a description of how the plan was developed, the goals of the plan, the links with existing health care providers under the plan, indicators quantifying the hospital’s financial well-being, measurable outcome targets, and the current physical and operational condition of the hospital.
(2) Each rural hospital as defined in s. 395.602 shall receive a minimum of $100,000 annually, subject to legislative appropriation, upon application to the Department of Health, for projects to acquire, repair, improve, or upgrade systems, facilities, or equipment.
(3) Any remaining funds shall annually be disbursed to rural hospitals in accordance with this section. The Department of Health shall establish, by rule, criteria for awarding grants for any remaining funds, which must be used exclusively for the support and assistance of rural hospitals as defined in s. 395.602, including criteria relating to the level of uncompensated care rendered by the hospital, the participation in a rural health network as defined in s. 381.0406, and the proposed use of the grant by the rural hospital to resolve a specific problem. The department must consider any information submitted in an application for the grants in accordance with subsection (1) in determining eligibility for and the amount of the grant, and none of the individual items of information by itself may be used to deny grant eligibility.
(4) The department shall ensure that the funds are used solely for the purposes specified in this section. The total grants awarded pursuant to this section shall not exceed the amount appropriated for this program.
History.—s. 1, ch. 99-209.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part IV - Public Medical Assistance Trust Fund (Ss. 395.701-395.7017) › 395.7016 - Annual appropriation.

395.7016 Annual appropriation.—The Legislature shall appropriate each fiscal year from either the General Revenue Fund or the Agency for Health Care Administration Tobacco Settlement Trust Fund an amount sufficient to replace the funds lost due to the reduction by chapter 2000-256, Laws of Florida, in the assessment on hospitals under s. 395.701 and to maintain federal approval of the reduced amount of funds deposited into the Public Medical Assistance Trust Fund under s. 395.701 as state match for the state’s Medicaid program.
History.—s. 20, ch. 2000-256; s. 7, ch. 2020-156.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part IV - Public Medical Assistance Trust Fund (Ss. 395.701-395.7017) › 395.7017 - Rulemaking authority.

395.7017 Rulemaking authority.—The agency may adopt rules pursuant to ss. 120.536 and 120.54 to implement the provisions of this part, which shall include the authority to define terms and determine the date of imposition and the determination of the process for determination, collection, and imposition of the Public Medical Assistance Trust Fund assessment and related fines.
History.—s. 1, ch. 2009-55.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part V - Family Practice Teaching Hospitals (Ss. 395.805-395.807) › 395.805 - Definitions.

395.805 Definitions.—As used in this act, the term:
(1) “Agency” means the Agency for Health Care Administration.
(2) “Family practice teaching hospital” means a freestanding, community-based hospital licensed under this chapter that offers a 3-year family practice residency program accredited through the Residency Review Committee of the Accreditation Council of Graduate Medical Education or the Council on Postdoctoral Training of the American Osteopathic Association.
History.—s. 2, ch. 94-182.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part V - Family Practice Teaching Hospitals (Ss. 395.805-395.807) › 395.806 - Designation of family practice teaching hospitals.

395.806 Designation of family practice teaching hospitals.—
(1)(a) A hospital that offers a family practice residency program of at least 18 positions for resident family practice physicians is eligible for designation as a family practice teaching hospital.
(b) A hospital seeking designation as a family practice teaching hospital must submit documentation and an application to the Agency for Health Care Administration in the manner the agency determines.
(c) To maintain the designation as a family practice teaching hospital, a hospital must offer a residency program of at least 24 positions for resident family practice physicians within 5 years after the initial designation. The agency shall terminate the designation of a hospital that does not meet the requirements of this paragraph.
(2)(a) A family practice teaching hospital must fill at least 90 percent of its positions for resident family practice physicians.
(b) A family practice teaching hospital that has residency programs other than family practice must maintain at least 60 percent of its total residents in family practice.
History.—s. 3, ch. 94-182; s. 34, ch. 95-146; s. 19, ch. 98-89.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 395 - Hospital Licensing and Regulation › Part V - Family Practice Teaching Hospitals (Ss. 395.805-395.807) › 395.807 - Retention of family practice residents.

395.807 Retention of family practice residents.—
(1) A family practice teaching hospital must have a documented plan for retaining family practice residents in the state.
(2)(a) The director of the agency shall appoint a seven-member family practice physician retention advisory committee, consisting of a faculty member of a family practice teaching hospital, an active family practice resident, a member of the Florida Academy of Family Physicians, a member of the Florida Society of the American College of Osteopathic Family Physicians, a family practice physician who practices in an urban area, a family practice physician who practices in a rural area, and the residency director of a family practice residency program.
(b) The committee shall develop a program for recruiting minority physicians into family practice residency programs and shall promote further efforts to retain and place minority physicians into local communities.
History.—s. 4, ch. 94-182; s. 104, ch. 2010-102.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part I - General Provisions (Ss. 397.301-397.341) › 397.301 - Short title.

397.301 Short title.—This act may be cited as the “Hal S. Marchman Alcohol and Other Drug Services Act.”
History.—s. 2, ch. 93-39; s. 6, ch. 2009-132.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part I - General Provisions (Ss. 397.301-397.341) › 397.341 - Transportation of individuals by law enforcement officers.

397.341 Transportation of individuals by law enforcement officers.—A law enforcement officer transporting an individual pursuant to this chapter shall restrain that individual in the least restrictive manner available and appropriate under the circumstances.
History.—s. 3, ch. 2022-41.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part II - Service Providers (Ss. 397.401-397.4873) › 397.401 - License required; penalty; injunction; rules waivers.

397.401 License required; penalty; injunction; rules waivers.—
(1) It is unlawful for any person or agency to act as a substance abuse service provider unless it is licensed or exempt from licensure under this chapter.
(2) A violation of subsection (1) is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) The department may maintain an 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 individuals are 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 individuals 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 individuals 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; s. 11, ch. 2009-132; s. 3, ch. 2017-173.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part II - Service Providers (Ss. 397.401-397.4873) › 397.4014 - Licensure and regulation of government-operated substance abuse programs.

397.4014 Licensure and regulation of government-operated substance abuse programs.—Substance abuse programs operated directly or under contract by the department, the Department of Corrections, the Department of Juvenile Justice, any other state agency, or any local correctional agency or authority, which programs constitute any service provider licensable components as defined in this chapter, are subject to licensure 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 exempt 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; s. 14, ch. 2009-132; s. 8, ch. 2015-4; s. 5, ch. 2017-173.
Note.—Former s. 397.406.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part II - Service Providers (Ss. 397.401-397.4873) › 397.4075 - Unlawful activities relating to personnel; penalties.

397.4075 Unlawful activities relating to personnel; penalties.—It is a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully, knowingly, or intentionally to:
(1) Inaccurately disclose by false statement, misrepresentation, impersonation, or other fraudulent means, or fail to disclose, in any application for licensure or voluntary or paid employment, 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 information obtained under this chapter for any purpose other than background checks of personnel for employment.
History.—s. 3, ch. 93-39; s. 69, ch. 2000-349; s. 9, ch. 2017-173; s. 5, ch. 2019-159.
Note.—Former s. 397.461.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part II - Service Providers (Ss. 397.401-397.4873) › 397.4104 - Record of recovery residences used by service providers.

397.4104 Record of recovery residences used by service providers.—
(1) By July 1, 2022, a service provider shall record in the department’s Provider Licensure and Designations System the name and location of each recovery residence that the service provider has referred patients to or received patients from and update the record with any changes that occur. A service provider must update such record within 30 business days after the change.
(2) Beginning July 1, 2022, a licensed service provider that violates this section is subject to an administrative fine of $1,000 per occurrence. The department may suspend or revoke a service provider’s license pursuant to s. 397.415 for repeat violations of this section.
History.—s. 3, ch. 2022-31.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part II - Service Providers (Ss. 397.401-397.4873) › 397.416 - Substance abuse treatment services; qualified professional.

397.416 Substance abuse treatment services; qualified professional.—Notwithstanding any other provision of law, a person who was certified through a certification process recognized by the former Department of Health and Rehabilitative Services before January 1, 1995, may perform the duties of a qualified professional with respect to substance abuse treatment services as defined in this chapter, and need not meet the certification requirements contained in s. 397.311(35).
History.—s. 2, ch. 98-262; s. 5, ch. 2002-196; s. 60, ch. 2005-2; s. 6, ch. 2005-55; s. 19, ch. 2009-132; s. 9, ch. 2015-100; s. 72, ch. 2016-241; s. 30, ch. 2017-173; s. 13, ch. 2019-159.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part II - Service Providers (Ss. 397.401-397.4873) › 397.431 - Individual responsibility for cost of substance abuse impairment services.

397.431 Individual responsibility for cost of substance abuse impairment services.—
(1) Before accepting an individual for admission and in accordance with confidentiality guidelines, both the full charge for services and the fee charged to the individual for such services under the provider’s fee system or payment policy must be disclosed to each individual or his or her authorized personal representative, or parent or legal guardian if the individual is a minor who did not seek treatment voluntarily and without parental consent.
(2) An individual or his or her authorized personal representative, or parent or legal guardian if the individual 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 individuals. 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 an individual’s ability to pay and, if space and sufficient state resources are available, may not deny an individual access to services solely on the basis of the individual’s inability to pay.
History.—s. 3, ch. 93-39; s. 735, ch. 95-148; s. 22, ch. 2009-132.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part II - Service Providers (Ss. 397.401-397.4873) › 397.481 - Applicability of Community Alcohol, Drug Abuse, and Mental Health Services Act.

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.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part II - Service Providers (Ss. 397.401-397.4873) › 397.482 - Lawyer assistance programs; civil immunity.

397.482 Lawyer assistance programs; civil immunity.—A person who in good faith reports information or takes action in connection with a lawyer assistance program or a person who receives information in connection with a lawyer assistance program is immune from civil liability for reporting the information, taking the action, or taking no action, provided that such person has acted in good faith and without malice.
History.—s. 1, ch. 2001-240.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part II - Service Providers (Ss. 397.401-397.4873) › 397.483 - Lawyer assistance programs; presumption of good faith.

397.483 Lawyer assistance programs; presumption of good faith.—A member of a lawyer assistance program or a person reporting information to a lawyer assistance program is presumed to have acted in good faith and without malice. A person alleging lack of good faith has the burden of proving bad faith and malice.
History.—s. 2, ch. 2001-240.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part II - Service Providers (Ss. 397.401-397.4873) › 397.484 - Lawyer assistance programs; persons entitled to immunity.

397.484 Lawyer assistance programs; persons entitled to immunity.—The civil immunity provided for in this act shall be liberally construed to accomplish the purposes of this act. The persons entitled to immunity under this act include:
(1) Florida Lawyers Assistance, Inc., and other lawyer assistance programs approved by the Florida Supreme Court or The Florida Bar which provide assistance to attorneys who may be impaired because of abuse of alcohol or other drugs or because of any other physical or mental infirmity causing impairment.
(2) A member, employee, or agent of the program, association, or nonprofit corporation.
(3) A person who reports or provides information to the program concerning an impaired legal professional, including, but not limited to, a person designated to monitor or supervise the course of treatment or rehabilitation of an impaired professional.
History.—s. 3, ch. 2001-240.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part II - Service Providers (Ss. 397.401-397.4873) › 397.485 - Lawyer assistance programs; information subject to privilege.

397.485 Lawyer assistance programs; information subject to privilege.—All privileged information, whether attorney-client, work product, or otherwise, in any form, furnished to the lawyer assistance program shall remain privileged.
History.—s. 4, ch. 2001-240.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part II - Service Providers (Ss. 397.401-397.4873) › 397.486 - Lawyer assistance programs; confidentiality of records, proceedings, and communications.

397.486 Lawyer assistance programs; confidentiality of records, proceedings, and communications.—The records, proceedings, and all communications by and between an individual seeking assistance and the lawyer assistance program shall be deemed confidential and shall not be subject to disclosure or available for court subpoena. This section does not prevent the subpoena of business records that are otherwise available through subpoena, nor does this section preclude release or disclosure of information or communications by the lawyer assistance program when such disclosure is mandated or required as a condition or precondition for entry in the program. Such records are not to be construed as privileged merely because they have been maintained by a lawyer assistance program.
History.—s. 5, ch. 2001-240.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part II - Service Providers (Ss. 397.401-397.4873) › 397.4872 - Exemption from disqualification; publication.

397.4872 Exemption from disqualification; publication.—
(1) Individual exemptions to staff disqualification or administrator ineligibility may be requested if a recovery residence deems the decision will benefit the program. Requests for exemptions must be submitted in writing to the department within 20 days after the denial by the credentialing entity and must include a justification for the exemption.
(2) The credentialing entity must notify the department within 3 business days after a new recovery residence or recovery residence administrator is certified or a recovery residence or recovery residence administrator’s certificate expires or is terminated. The department shall publish on its website a list of all recovery residences that hold a valid certificate of compliance. The department shall also publish on its website a list of all recovery residence administrators who hold a valid certificate of compliance. A recovery residence or recovery residence administrator shall be excluded from the list upon written request to the department by the listed individual or entity.
History.—s. 4, ch. 2015-100; s. 42, ch. 2016-24; s. 25, ch. 2016-104; s. 4, ch. 2020-38.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part III - Client Rights (Ss. 397.501-397.581) › 397.55 - Prohibition of deceptive marketing practices.

397.55 Prohibition of deceptive marketing practices.—
(1) The Legislature recognizes that consumers of substance abuse treatment have disabling conditions and that such consumers and their families are vulnerable and at risk of being easily victimized by fraudulent marketing practices that adversely impact the delivery of health care. To protect the health, safety, and welfare of this vulnerable population, a service provider, an operator of a recovery residence, or a third party who provides any form of advertising or marketing services to a service provider or an operator of a recovery residence may not engage in any of the following marketing practices:
(a) Making a false or misleading statement or providing false or misleading information about the provider’s or operator’s or third party’s products, goods, services, or geographical locations in its marketing, advertising materials, or media or on its website.
(b) Including on its website false information or electronic links, coding, or activation that provides false information or that surreptitiously directs the reader to another website.
(c) Conduct prohibited by s. 817.505.
(d) Entering into a contract with a marketing provider who agrees to generate referrals or leads for the placement of patients with a service provider or in a recovery residence through a call center or a web-based presence, unless the contract requires such agreement and the marketing provider discloses the following to the prospective patient so that the patient can make an informed health care decision:
1. Information about the specific licensed service providers or recovery residences that are represented by the marketing provider and pay a fee to the marketing provider, including the identity of such service providers or recovery residences; and
2. Clear and concise instructions that allow the prospective patient to easily access lists of licensed service providers and recovery residences on the department website.
(2) In addition to any other punishment authorized by law, a person or entity that knowingly and willfully violates paragraph (1)(a), paragraph (1)(b), or paragraph (1)(d) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A violation of paragraph (1)(c) is a violation of the prohibition on patient brokering and may subject the party committing the violation to criminal penalties under s. 817.505.
History.—s. 17, ch. 2017-173; s. 9, ch. 2019-159.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 397 - Substance Abuse Services › Part III - Client Rights (Ss. 397.501-397.581) › 397.581 - Unlawful activities relating to assessment and treatment; penalties.

397.581 Unlawful activities relating to 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; s. 26, ch. 2009-132.