Florida Statutes 397.4871 – Recovery residence administrator certification
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(1) It is the intent of the Legislature that a recovery residence administrator voluntarily earn and maintain certification from a credentialing entity approved by the Department of Children and Families. The Legislature further intends that certification ensure that an administrator has the competencies necessary to appropriately respond to the needs of residents, to maintain residence standards, and to meet residence certification requirements.
(2) The department shall approve at least one credentialing entity by December 1, 2015, for the purpose of developing and administering a voluntary credentialing program for administrators. The department shall approve any credentialing entity that the department endorses pursuant to s. 397.321(15) if the credentialing entity also meets the requirements of this section. The approved credentialing entity shall:
For details, see Fla. Stat. § 775.082(4)(a)
(a) Establish recovery residence administrator core competencies, certification requirements, testing instruments, and recertification requirements.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor of the first degree | up to 1 year | up to $1,000 |
Terms Used In Florida Statutes 397.4871
- Certificate of compliance: means a certificate that is issued by a credentialing entity to a recovery residence or a recovery residence administrator. See Florida Statutes 397.311
- Certified recovery residence: means a recovery residence that holds a valid certificate of compliance and is actively managed by a certified recovery residence administrator. See Florida Statutes 397.311
- Certified recovery residence administrator: means a recovery residence administrator who holds a valid certificate of compliance. See Florida Statutes 397.311
- Community housing: means a certified recovery residence offered, referred to, or provided by a licensed service provider that provides housing to its patients who are required to reside at the residence while receiving intensive outpatient and higher levels of outpatient care. See Florida Statutes 397.311
- Credentialing entity: means a nonprofit organization that develops and administers professional, facility, or organization certification programs according to applicable nationally recognized certification or psychometric standards. See Florida Statutes 397.311
- Department: means the Department of Children and Families. See Florida Statutes 397.311
- Licensed service provider: means a public agency under this chapter, a private for-profit or not-for-profit agency under this chapter, a physician or any other private practitioner licensed under this chapter, or a hospital that offers substance abuse services through one or more licensed service components. See Florida Statutes 397.311
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- personnel: includes all owners, directors, chief financial officers, staff, and volunteers, including foster parents, of a service provider. See Florida Statutes 397.311
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- provider: means a public agency, a private for-profit or not-for-profit agency, a person who is a private practitioner, or a hospital licensed under this chapter or exempt from licensure under this chapter. See Florida Statutes 397.311
- Recovery: means a process of personal change through which individuals achieve abstinence from alcohol or drug use and improve health, wellness, and quality of life. See Florida Statutes 397.311
- Recovery residence: means a residential dwelling unit, the community housing component of a licensed day or night treatment facility with community housing, or other form of group housing, which is offered or advertised through any means, including oral, written, electronic, or printed means, by any person or entity as a residence that provides a peer-supported, alcohol-free, and drug-free living environment. See Florida Statutes 397.311
- Recovery residence administrator: means the person responsible for overall management of the recovery residence, including, but not limited to, the supervision of residents and staff employed by, or volunteering for, the residence. See Florida Statutes 397.311
- Screening: means the gathering of initial information to be used in determining a person's need for assessment, services, or referral. See Florida Statutes 397.311
(b) Establish a process to administer the certification application, award, and maintenance processes.
(c) Develop and administer:
1. A code of ethics and disciplinary process.
2. Biennial continuing education requirements and annual certification renewal requirements.
3. An education provider program to approve training entities that are qualified to provide precertification training to applicants and continuing education opportunities to certified persons.
(3) A credentialing entity shall establish a certification program that:
(a) Is directly related to the core competencies.
(b) Establishes minimum requirements in each of the following categories:
1. Training.
2. On-the-job work experience.
3. Supervision.
4. Testing.
5. Biennial continuing education.
(c) Requires adherence to a code of ethics and provides for a disciplinary process that applies to certified persons.
(d) Approves qualified training entities that provide precertification training to applicants and continuing education to certified recovery residence administrators. To avoid a conflict of interest, a credentialing entity or its affiliate may not deliver training to an applicant or continuing education to a certificateholder.
(4) A credentialing entity shall establish application, examination, and certification fees and an annual certification renewal fee. The application, examination, and certification fee may not exceed $225. The annual certification renewal fee may not exceed $100.
(5) All applicants are subject to level 2 background screening as provided under chapter 435. An applicant is ineligible, and a credentialing entity shall deny the application, if the applicant has been found guilty of, or has entered a plea of guilty or nolo contendere to, regardless of adjudication, any offense listed in s. 408.809 or s. 435.04(2) unless the department has issued an exemption under s. 435.07. Exemptions from disqualification applicable to service provider personnel pursuant to s. 397.4073 or s. 435.07 shall apply to this subsection. In accordance with s. 435.04, the department shall notify the credentialing agency of the applicant’s eligibility based on the results of his or her background screening.
(6) The credentialing entity shall issue a certificate of compliance upon approval of a person‘s application. The certification shall automatically terminate 1 year after issuance if not renewed.
(a) A credentialing entity may suspend or revoke the recovery residence administrator‘s certificate of compliance if the recovery residence administrator fails to adhere to the continuing education requirements.
(b) If a certified recovery residence administrator of a recovery residence is arrested and awaiting disposition for or found guilty of, or enters a plea of guilty or nolo contendere to, regardless of whether adjudication is withheld, any offense listed in s. 435.04(2) while acting in that capacity, the certified recovery residence must immediately remove the person from that position and notify the credentialing entity within 3 business days after such removal. The certified recovery residence shall retain a certified recovery residence administrator within 90 days after such removal. The credentialing entity must revoke the certificate of compliance of any recovery residence that fails to meet these requirements.
(c) A credentialing entity must revoke a certified recovery residence administrator’s certificate of compliance if the recovery residence administrator provides false or misleading information to the credentialing entity at any time.
(7) A person may not advertise himself or herself to the public, in any way or by any medium whatsoever, as a “certified recovery residence administrator” unless he or she has first secured a certificate of compliance under this section. A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(8)(a) A certified recovery residence administrator must demonstrate the ability to effectively and appropriately respond to the needs of residents, to maintain residence standards, and to meet the certification requirements of this section.
(b) A certified recovery residence administrator may not actively manage more than 50 residents at any given time unless written justification is provided to, and approved by, the credentialing entity as to how the administrator is able to effectively and appropriately respond to the needs of the residents, to maintain residence standards, and to meet the residence certification requirements of this section. However, a certified recovery residence administrator may not actively manage more than 100 residents at any given time.
(c) Notwithstanding paragraph (b), a Level IV certified recovery residence operating as community housing as defined in s. 397.311(9), which residence is actively managed by a certified recovery residence administrator approved for 100 residents under this section and is wholly owned or controlled by a licensed service provider, may actively manage up to 150 residents so long as the licensed service provider maintains a service provider personnel-to-patient ratio of 1 to 8 and maintains onsite supervision at the residence 24 hours a day, 7 days a week, with a personnel-to-resident ratio of 1 to 10. A certified recovery residence administrator who has been removed by a certified recovery residence due to termination, resignation, or any other reason may not continue to actively manage more than 50 residents for another service provider or certified recovery residence without being approved by the credentialing entity.