Florida Statutes 397.4873 – Referrals to or from recovery residences; prohibitions; penalties
Current as of: 2023 | Check for updates
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(1) A service provider licensed under this part may not make a referral of a prospective, current, or discharged patient to, or accept a referral of such a patient from, a recovery residence unless the recovery residence holds a valid certificate of compliance as provided in s. 397.487 and is actively managed by a certified recovery residence administrator as provided in s. 397.4871.
(2) Subsection (1) does not apply to:
For details, see Fla. Stat. § 775.082(4)(a)
(a) A licensed service provider under contract with a managing entity as defined in s. 394.9082.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor of the first degree | up to 1 year | up to $1,000 |
Terms Used In Florida Statutes 397.4873
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Certificate of compliance: means a certificate that is issued by a credentialing entity to a recovery residence or a recovery residence administrator. See Florida Statutes 397.311
- Certified recovery residence: means a recovery residence that holds a valid certificate of compliance and is actively managed by a certified recovery residence administrator. See Florida Statutes 397.311
- component: means a discrete operational entity within a service provider which is subject to licensing as defined by rule. See Florida Statutes 397.311
- Contract: A legal written agreement that becomes binding when signed.
- Day or night treatment: is a service provided in a nonresidential environment, with a structured schedule of treatment and rehabilitative services. See Florida Statutes 397.311
- Department: means the Department of Children and Families. 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
- 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
- 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. 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
- Recovery residence: means a residential dwelling unit, the community housing component of a licensed day or night treatment facility with community housing, or other form of group housing, which is offered or advertised through any means, including oral, written, electronic, or printed means, by any person or entity as a residence that provides a peer-supported, alcohol-free, and drug-free living environment. See Florida Statutes 397.311
(b) Referrals by a recovery residence to a licensed service provider when the recovery residence or its owners, directors, operators, or employees do not benefit, directly or indirectly, from the referral.
(c) Referrals made before July 1, 2018, by a licensed service provider to that licensed service provider’s wholly owned subsidiary.
(d) The referral of a patient to, or acceptance of a referral of such a patient from, a recovery residence that has no direct or indirect financial or other referral relationship with the licensed service provider and that is democratically operated by its residents pursuant to a charter from an entity recognized or sanctioned by Congress, and where the residence or any resident of the residence does not receive a benefit, directly or indirectly, for the referral.
(3) Notwithstanding subsection (2), a service provider licensed under this part may not make a referral of a prospective, current, or discharged patient to, or accept a referral of such patient from, a recovery residence that allows on its premises the use of alcohol, marijuana, or illegal drugs or the use of prescribed medications by an individual other than the individual for whom the medication is prescribed. For the purposes of this subsection, “marijuana” includes marijuana that has been certified by a qualified physician for medical use in accordance with s. 381.986.
(4)(a) For purposes of this section, a licensed service provider or recovery residence shall be considered to have made a referral if the provider or recovery residence has informed a patient by any means about the name, address, or other details of a recovery residence or licensed service provider, or informed a licensed service provider or a recovery residence of any identifying details about a patient.
(b) A referral shall also include the placement of a patient by a licensed service provider into the housing component of the provider’s day or night treatment, which has a community housing license, regardless of whether the community housing component is affiliated with the licensed service provider.
(5) In addition to any other punishment provided by law, any person who willfully and knowingly violates subsection (1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(6) A licensed service provider shall maintain records of referrals to or from recovery residences as may be prescribed by the department in rule.
(7) A licensed service provider that violates this section is subject to an administrative fine of $1,000 per occurrence. If such fine is imposed by final order of the department and is not subject to further appeal, the service provider shall pay the fine plus interest at the rate specified in s. 55.03 for each day beyond the date set by the department for payment of the fine. If the service provider does not pay the fine plus any applicable interest within 60 days after the date set by the department, the department shall immediately suspend the service provider’s license. Repeat violations of this section may subject a provider to license suspension or revocation pursuant to s. 397.415. The department shall establish a mechanism no later than January 1, 2024, for the imposition and collection of fines for violations under this section.
(8) Nothing in this section requires a licensed service provider to refer a patient to or to accept a referral of a patient from a recovery residence.