The Florida Senate

¹397.405  Exemptions from licensure.--The following are exempt from the licensing provisions of this chapter:

(1)  A hospital or hospital-based component licensed under chapter 395.

(2)  A nursing home facility as defined in s. 400.021

(3)  A substance abuse education program established pursuant to s. 1003.42

(4)  A facility or institution operated by the Federal Government.

(5)  A physician licensed under chapter 458 or chapter 459.

(6)  A psychologist licensed under chapter 490.

(7)  A social worker, marriage and family therapist, or mental health counselor licensed under chapter 491.

(8)  An established and legally cognizable church or nonprofit religious organization or denomination providing substance abuse services, including prevention services, which are exclusively religious, spiritual, or ecclesiastical in nature. A church or nonprofit religious organization or denomination providing any of the licensable service components itemized under s. 397.311(18) is not exempt for purposes of its provision of such licensable service components but retains its exemption with respect to all services which are exclusively religious, spiritual, or ecclesiastical in nature.

(9)  Facilities licensed under s. 393.063 that, in addition to providing services to persons who are developmentally disabled as defined therein, also provide services to persons developmentally at risk as a consequence of exposure to alcohol or other legal or illegal drugs while in utero.

(10)  DUI education and screening services provided pursuant to ss. 316.192, 316.193, 322.095, 322.271, and 322.291 Persons or entities providing treatment services must be licensed under this chapter unless exempted from licensing as provided in this section.

The exemptions from licensure in this section 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 pursuant to s. 397.406 Furthermore, this chapter may not be construed to limit the practice of a physician licensed under chapter 458 or chapter 459, a psychologist licensed under chapter 490, or a psychotherapist licensed under chapter 491 who provides substance abuse treatment, so long as the physician, psychologist, or psychotherapist does not represent to the public that he or she is a licensed service provider and does not provide services to clients pursuant to 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. 775.082 or s. 775.083

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.

¹Note.--Section 4, ch. 2005-55, reenacted subsection (8) without publishing the flush left language at the end of the section. Absent affirmative evidence of legislative intent to repeal it, the flush left language is published here, pending clarification by the Legislature.