All providers of substance abuse treatment and prevention services - public and private - are required under Chapter 397 of the Florida Statutes to be licensed, unless certain exemptions from licensing are met. These exemptions, listed under Chapter 397.405 are:
- A hospital or hospital-based component licensed under chapter 395;
- A nursing home facility as defined in s.400.021 (11);
- A substance abuse education program established pursuant to s.233.061;
- A facility or institution operated by the Federal Government;
- A physician licensed under chapter 458 or chapter 459;
- A psychologist licensed under chapter 490;
- A social worker, marriage and family therapist, or mental health counselor licensed under chapter 491;
- An established and legally cognizable church or nonprofit religious organization, denomination, or sect providing substance abuse services, including prevention services, which are exclusively religious, spiritual, or ecclesiastical in nature.A church or nonprofit religious organization, denomination, or sect providing any of the licensable service components itemized under s.397.311 (19) 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;
- Facilities licensed under s.393.063 (7) 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 uteri;
- DUI education and screening services required to be attended pursuant to ss.316.192, 316.193, 322.095, 322.271, and 322.291 are exempt from licensure under this chapter. Treatment programs must continue to be licensed under this chapter.
