Florida's Growing Substance Use

Florida, like many other states, experiences significant substance use disorder issues. In fact, the Substance Abuse and Mental Health Services Administration reports that among those 12 and older in Florida, 1.1 million individuals (6.3%) had a substance use disorder between 2017 and 2019.(1) And according to insights published by FLHealthCharts, Florida was home to more than 7,700 fatal overdoses in 2022.(2) 

Laws Regarding Treatment Licensing & Certifications

An important aspect of the legal regulations for substance use disorder treatment are those governing facilities themselves. The regulations put forth by the Florida Department of Children and Families (specifically Chapters 394 and 397 of the Florida Statutes) are focused on ensuring that each facility meets the legal requirements to carry the title of a licensed substance use treatment facility in Florida.(3)

Minimum licensure standards exist for the following program components:(3)

• Addictions receiving facilities
• Day or night treatment 
• Day or night treatment with community housing
• Detoxification
• Intensive inpatient treatment
• Intensive outpatient treatment
• Medication-assisted treatment for opioid use disorders
• Outpatient treatment
• Residential treatment
• Intervention
• Prevention
• Aftercare

The requirements for certification involve legal expectations for a multitude of areas including:

• Clinical and medical staff licensure requirements
• Facility safety
• Food and lodging requirements
• Funding source requirements

Though many of these guidelines may seem strict for facilities, they help ensure that each client is receiving the proper level of care for long-term success. Knowing a facility such as Tampa Addiction Center meets or exceeds all of these legal requirements, clients and loved ones can rest assured that clients are well taken care of throughout their recovery journeys.

Patient Rights & Protections

Another key area of Florida law involves patient rights and protections while participating in substance use disorder treatment. These protections are designed to ensure that clients are properly cared for during this vulnerable time of their life. They include rights related to dignity, nondiscriminatory services, quality services, communication, care and custody of personal effects, confidentiality of records, and more.(4) 

Discrimination Protections

Some patient protections are centered around discrimination. Florida law is intended to ensure that no client of a substance use disorder treatment facility is discriminated against throughout the interview, intake, or treatment process. Areas of discrimination that are strictly forbidden include discrimination based on:

• Race
• Gender
• Ethnicity
• Age
• Sexual preference
• Human immunodeficiency virus (HIV) status
• Prior service departures against medical advice 
• Disability
• Number of relapse episodes

Federal Confidentiality Laws

Making the choice to seek treatment for a substance use disorder can be a private matter. Both Florida state guidelines as well as federal laws are designed to ensure that your treatment experience is only shared with those you choose. This important aspect of treatment is known as confidentiality.

Confidentiality refers to the protection of sensitive or identifying information. This group of federal regulations is known as the Health Insurance Portability and Accountability Act (HIPAA).(5) They were designed by the federal government in 1996 to ensure the safety and privacy of all individuals seeking healthcare services including substance use disorder treatment. This means that before, during, and after involvement with a treatment facility, it's unable to share any sensitive information without written consent. This information includes:(6)

• The individual's past, present or future physical or mental health or condition
• The provision of health care to the individual
• The past, present, or future payment for the provision of health care to the individual
• Any information that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual (e.g., name, address, birth date, social security number)

State Regulations of Treatment Approaches & Protocols

Regulations for substance use disorder treatment vary widely from state to state. Each state is required to comply with national guidelines but has discretion with statewide regulation mandates. The state of Florida has a specifically designed set of regulatory protocols intended to best serve its needs and population. They are intended to protect both patients and facilities and ensure that the highest quality of care is provided.

Florida Drug Courts & Mandated Rehab

Florida, like many states, incorporates substance use disorder treatment as part of its justice system. Related programs and sentences are intended to provide justice to involved individuals with treatment options as opposed to incarceration. These programs include mandated drug and alcohol treatment program attendance as well as government-run outpatient treatment programs known as drug court.

Publicly Funded Treatment Options

Florida is home to a handful of publicly funded substance use disorder treatment programs. As such, they provide substance use treatment for low or no cost for eligible participants. These important resources remove cost-related barriers while simultaneously providing quality treatment. Each of these publicly funded programs are required to meet the same guidelines and requirements as other facilities.

Reaching Out

If you or someone you know would like to know more about substance use treatment in Florida, call Tampa Addiction Center today. A fully licensed and accredited provider of detox and treatment services, Tampa Addiction Center features a highly trained team of medical and clinical staff that are passionate about providing evidence-based, highly tailored care that can lead to long-term success. Reach out to take your first steps toward recovery today.