§ 397.401 License required; penalty; injunction; rules waivers
§ 397.4012 Exemptions from licensure
§ 397.4014 Licensure and regulation of government-operated substance abuse programs
§ 397.403 License application
§ 397.407 Licensure process; fees
§ 397.4073 Background checks of service provider personnel
§ 397.4075 Unlawful activities relating to personnel; penalties
§ 397.410 Licensure requirements; minimum standards; rules
§ 397.4103 Quality improvement programs
§ 397.4104 Record of recovery residences used by service providers
§ 397.411 Inspection; right of entry; classification of violations; records
§ 397.415 Denial, suspension, and revocation; other remedies
§ 397.416 Substance abuse treatment services; qualified professional
§ 397.417 Peer specialists
§ 397.427 Medication-assisted treatment service providers; rehabilitation program; needs assessment and provision of services; persons authorized to issue takeout medication; unlawful operation; penalty
§ 397.431 Individual responsibility for cost of substance abuse impairment services
§ 397.481 Applicability of Community Alcohol, Drug Abuse, and Mental Health Services Act
§ 397.482 Lawyer assistance programs; civil immunity
§ 397.483 Lawyer assistance programs; presumption of good faith
§ 397.484 Lawyer assistance programs; persons entitled to immunity
§ 397.485 Lawyer assistance programs; information subject to privilege
§ 397.486 Lawyer assistance programs; confidentiality of records, proceedings, and communications
§ 397.487 Voluntary certification of recovery residences
§ 397.4871 Recovery residence administrator certification
§ 397.4872 Exemption from disqualification; publication
§ 397.4873 Referrals to or from recovery residences; prohibitions; penalties

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Terms Used In Florida Statutes > Chapter 397 > Part II - Service Providers

  • 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.
  • 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
  • Arrest: Taking physical custody of a person by lawful authority.
  • Authorized agent of the department: means a person designated by the department to conduct any audit, inspection, monitoring, evaluation, or other duty imposed upon the department pursuant to this chapter. See Florida Statutes 397.311
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • 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
  • Certified recovery residence administrator: means a recovery residence administrator who holds a valid certificate of compliance. See Florida Statutes 397.311
  • 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
  • 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.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means the court of legal jurisdiction in the context in which the term is used in this chapter. 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
  • 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
  • Dependent: A person dependent for support upon another.
  • Director: means the chief administrative or executive officer of a service provider or recovery residence. See Florida Statutes 397.311
  • disclosure: means a communication of identifying information, the affirmative verification of another person's communication of identifying information, or the communication of any information regarding an individual who has received services. See Florida Statutes 397.311
  • Donor: The person who makes a gift.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Fee system: means a method of establishing charges for services rendered, in accordance with an individual's ability to pay, used by providers that receive state funds. See Florida Statutes 397.311
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hospital: means a hospital or hospital-based component licensed under chapter 395. See Florida Statutes 397.311
  • Identifying information: means the name, address, social security number, fingerprints, photograph, and similar information by which the identity of an individual can be determined with reasonable accuracy directly or by reference to other publicly available information. 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Peer specialist: means a person who has been in recovery from a substance use disorder or mental illness for at least 2 years who uses his or her personal experience to provide services in behavioral health settings to support others in their recovery, or a person who has at least 2 years of experience as a family member or caregiver of an individual who has a substance use disorder or mental illness. 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
  • 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
  • Physician assistant: means a person licensed under chapter 458 or chapter 459 to practice medicine under the supervision of a physician or psychiatrist whose specialty includes substance abuse treatment. See Florida Statutes 397.311
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
  • Qualified professional: means a physician or a physician assistant licensed under chapter 458 or chapter 459; a professional licensed under chapter 490 or chapter 491; an advanced practice registered nurse licensed under part I of chapter 464; or a person who is certified through a department-recognized certification process for substance abuse treatment services and who holds, at a minimum, a bachelor's degree. See Florida Statutes 397.311
  • Quality improvement: means a systematic and organized approach to monitor and continuously improve the quality of services in order to maintain, restore, or improve outcomes in individuals and populations throughout a system of care. 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
  • Recovery residence administrator: means the person responsible for overall management of the recovery residence, including, but not limited to, the supervision of residents and staff employed by, or volunteering for, the residence. See Florida Statutes 397.311
  • Recovery support: means services designed to strengthen or assist individuals to regain skills, develop the environmental supports necessary to help the individual thrive in the community, and meet life goals that promote recovery from alcohol and drug use. See Florida Statutes 397.311
  • Screening: means the gathering of initial information to be used in determining a person's need for assessment, services, or referral. See Florida Statutes 397.311
  • Stabilization: means :
    (a) Alleviation of a crisis condition; or
    (b) Prevention of further deterioration,

    and connotes short-term emergency treatment. See Florida Statutes 397.311

  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Substance abuse: means the misuse or abuse of, or dependence on alcohol, illicit drugs, or prescription medications. 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
  • System of care: means a coordinated continuum of community-based services and supports that are organized to meet the challenges and needs of individuals who are at risk of developing substance abuse problems or individuals who have substance abuse problems. See Florida Statutes 397.311
  • Treatment plan: means an immediate and a long-range plan based upon an individual's assessed needs and used to address and monitor an individual's recovery from substance abuse. See Florida Statutes 397.311
  • veteran: means a person who served in the active military, naval, or air service and who was discharged or released under honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding any action by the United States Department of Veterans Affairs on individuals discharged or released with other than honorable discharges. See Florida Statutes 1.01
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01