HB 369 – Latest Florida Addiction Treatment Law

There’s an old saying that goes like this:  To a hammer, everything is a nail.  There’s another I like:  There are two things in life you don’t wanna see being made:  one is sausage, the other is law.  Case in point is HB 369, the latest Florida law aimed at correcting certain problems in the addiction treatment industry.  Though nailing some clear issues that needed shoring up, some of the provisions skate on some questionably thin ice vis a vis conflicting with federal law.

The law implemented last year is a mixed bag.  This one is no different, and yet in many ways more of a modification of last year’s legislative bombshell than anything else.  Some of the good stuff that the law does includes:  doubling down on the credentials required to work in a recovery center.  For instance, the definitions of “clinical supervisor” and “peer specialist” are both beefed up to require, for instance, a length of time of sobriety.  And background checks for people working at treatment centers are featured strongly in the new law.  The law also creates an exemption from disqualification for certain past offenses, which is important when qualifying people to help those in treatment who likely had a past history of abusing drugs or alcohol.  The law also attempts to negate old landlord tenant laws to allow a recovery residence to discharge a resident for some very good reasons (e.g. it’s necessary for the resident’s welfare). In these ways and others, the law is thoughtful.

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