Florida Statutes 397.321 – Duties of the department
Current as of: 2023 | Check for updates
|
Other versions
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.
Terms Used In Florida Statutes 397.321
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Clinical treatment: means a professionally directed, deliberate, and planned regimen of services and interventions that are designed to reduce or eliminate the misuse of drugs and alcohol and promote a healthy, drug-free lifestyle. See Florida Statutes 397.311
- Credentialing entity: means a nonprofit organization that develops and administers professional, facility, or organization certification programs according to applicable nationally recognized certification or psychometric standards. See Florida Statutes 397.311
- Department: means the Department of Children and Families. See Florida Statutes 397.311
- evaluation: means a systematic measurement of a service provider's achievement of desired individual or service outcomes. See Florida Statutes 397.311
- Individual: means a person who receives alcohol or other drug abuse treatment services delivered by a service provider. See Florida Statutes 397.311
- Intervention: means structured services directed toward individuals or groups at risk of substance abuse and focused on reducing or impeding those factors associated with the onset or the early stages of substance abuse and related problems. See Florida Statutes 397.311
- Licensed service provider: means a public agency under this chapter, a private for-profit or not-for-profit agency under this chapter, a physician or any other private practitioner licensed under this chapter, or a hospital that offers substance abuse services through one or more licensed service components. See Florida Statutes 397.311
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- personnel: includes all owners, directors, chief financial officers, staff, and volunteers, including foster parents, of a service provider. See Florida Statutes 397.311
- Prevention: means a process involving strategies that are aimed at the individual, family, community, or substance and that preclude, forestall, or impede the development of substance use problems and promote responsible lifestyles. See Florida Statutes 397.311
- provider: means a public agency, a private for-profit or not-for-profit agency, a person who is a private practitioner, or a hospital licensed under this chapter or exempt from licensure under this chapter. See Florida Statutes 397.311
- Recovery: means a process of personal change through which individuals achieve abstinence from alcohol or drug use and improve health, wellness, and quality of life. See Florida Statutes 397.311
- secure facility: includes addictions receiving facilities and facilities authorized by local ordinance for the treatment of habitual abusers. See Florida Statutes 397.311
- Substance abuse: means the misuse or abuse of, or dependence on alcohol, illicit drugs, or prescription medications. See Florida Statutes 397.311
- 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. See Florida Statutes 397.311
- Substate entity: means a departmental office designated to serve a geographical area specified by the department. See Florida Statutes 397.311
(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 local substate entity level in accordance with the provisions of part IV of chapter 394.
(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) Clinical assessment.
(b) Treatment planning.
(c) Referral.
(d) Progress reviews.
(e) 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, clinical treatment, and recovery support services, including, but not limited to, the development of partnerships with:
(a) Private industry.
(b) Intradepartmental and interdepartmental program offices, including, but not limited to, child care services; family safety; delinquency services; health services; economic services; and children’s medical services.
(c) State agencies, including, but not limited to, the Department of Corrections, the Department of Education, the Department of Juvenile Justice, the Department of Elderly Affairs, the Department of Health, the Department of Financial Services, and the Agency for Health Care Administration.
(15) Recognize a statewide certification process for addiction professionals and identify and endorse one or more entities responsible for such certification of service provider personnel. Any decision by a department-recognized credentialing entity to deny, revoke, or suspend a certification, or otherwise impose sanctions on an individual who is certified, is reviewable by the department. Upon receiving an adverse determination, the person aggrieved may request an administrative hearing pursuant to ss. 120.569 and 120.57(1) within 30 days after completing any appeals process offered by the credentialing entity or the department, as applicable.
(16) Provide sufficient and qualified staff to oversee all contracting, licensing, and planning functions within each of its substate offices, as permitted by legislative appropriation.
(17) Ensure that the department develops and ensures the implementation of procedures between its Substance Abuse Program Office and other departmental programs 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.
(18) Designate addictions receiving facilities for the purpose of ensuring that only qualified service providers render services within the context of a secure facility setting.
(19) Develop and prominently display on its website all forms necessary for the implementation and administration of parts IV and V of this chapter. These forms shall include, but are not limited to, a petition for involuntary admission form and all related pleading forms, and a form to be used by law enforcement agencies pursuant to s. 397.6772. The department shall notify law enforcement agencies, the courts, and other state agencies of the existence and availability of such forms.