eLaws of Florida

  SECTION 397.4012. Exemptions from licensure.  


Latest version.
  • 1The following are exempt from the licensing provisions of this chapter:
    12(1) 13A hospital or hospital-based component licensed under chapter 395.
    22(2) 23A nursing home facility as defined in s. 31400.02132.
    33(3) 34A substance abuse education program established pursuant to s. 431003.4244.
    45(4) 46A facility or institution operated by the Federal Government.
    55(5) 56A physician or physician assistant licensed under chapter 458 or chapter 459.
    68(6) 69A psychologist licensed under chapter 490.
    75(7) 76A social worker, marriage and family therapist, or mental health counselor licensed under chapter 491.
    91(8) 92A legally cognizable church or nonprofit religious organization or denomination providing substance abuse services, including prevention services, which are solely religious, spiritual, or ecclesiastical in nature. A church or nonprofit religious organization or denomination providing any of the licensed service components itemized under s. 136397.311(26) 137is not exempt from substance abuse licensure but retains its exemption with respect to all services which are solely religious, spiritual, or ecclesiastical in nature.
    162(9) 163Facilities licensed under chapter 393 which, in addition to providing services to persons with developmental disabilities, also provide services to persons developmentally at risk as a consequence of exposure to alcohol or other legal or illegal drugs while in utero.
    203(10) 204DUI education and screening services provided pursuant to ss. 213316.192, 214316.193, 215322.095, 216322.271, 217and 218322.291219. Persons or entities providing treatment services must be licensed under this chapter unless exempted from licensing as provided in this section.
    241(11) 242A facility licensed under s. 247394.875 248as a crisis stabilization unit.

    253The exemptions from licensure in subsections (3), (4), (8), (9), and (10) do not apply to any service provider that receives an appropriation, grant, or contract from the state to operate as a service provider as defined in this chapter or to any substance abuse program regulated under s. 302397.4014303. Furthermore, this chapter may not be construed to limit the practice of a physician or physician assistant licensed under chapter 458 or chapter 459, a psychologist licensed under chapter 490, a psychotherapist licensed under chapter 491, or an advanced practice registered nurse licensed under part I of chapter 464, who provides substance abuse treatment, so long as the physician, physician assistant, psychologist, psychotherapist, or advanced practice registered nurse does not represent to the public that he or she is a licensed service provider and does not provide services to individuals under part V of this chapter. Failure to comply with any requirement necessary to maintain an exempt status under this section is a misdemeanor of the first degree, punishable as provided in s. 427775.082 428or s. 430775.083431.

History.-s. 3, ch. 93-39; s. 734, ch. 95-148; s. 65, ch. 97-190; s. 208, ch. 99-13; s. 9, ch. 2000-350; s. 51, ch. 2001-45; s. 31, ch. 2001-62; s. 3, ch. 2002-196; s. 985, ch. 2002-387; s. 91, ch. 2004-267; s. 4, ch. 2005-55; s. 44, ch. 2006-1; s. 40, ch. 2006-227; s. 13, ch. 2009-132; s. 8, ch. 2015-100; s. 70, ch. 2016-241; s. 4, ch. 2017-173; s. 25, ch. 2018-106; s. 11, ch. 2020-39.

Note

Note.-Former s. 397.405.

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