Published on: 18222631. The Department intends to amend Chapter 65E-5, F.A.C., to modify regulatory language to comport with current laws, policies and procedures related to Baker Act placement and services, coordinated system of care, mental health receiving and treatment facilities and receiving systems, transportation plans, and guardian advocates. These modifications will further allow the Department to amend or repeal language that has been referenced in other administrative code rules and Florida Statutes.
Published on: 12708181. Definitions, Admissions to State Treatment Facilities, Discharge from Receiving and Treatment Facilities, Discharge Policies of Receiving and Treatment Facilities, Discharge from a State Treatment Facility, Emergency Treatment Orders, Transportation, Involuntary Examination
Published on: 12422516. Certain subsections of Rule 65E-5.100 defining terms are being repealed because they are redundant to statute. The repealed subsections (2), (4), (16), and (17) merely reference definitions found in Sections 394.455(1), 394.4573(1)(b), 394.455(28) and 394.455(29), F.S., respectively. Subsection (6), which defines emergency treatment orders (ETOs) is being revised to clarify that ETOs for seclusion and restraint are to be addressed in subsection 65E-5.180(7), F.A.C.; while ETOs for psychotropic medications are to be addressed in Rule 65E-5.1703, F.A.C. Subsection (3) is inserted to provide a definition of certified recovery specialist. Subsection (18), renumbered to (15), is amended to include certified recovery specialists among the members of a Seclusion and Restraint Oversight Committee. The remaining definitions in Rule 65E-5.100, F.A.C., are being renumbered accordingly.
Subsection (3) of Rule 65E-5.1302, F.A.C., is being deleted because it merely restates a requirement found in Section 394.469, F.S.
Rule 65E-5.1303, F.A.C., is being expanded to include the provisions currently found in Rules 65E-5.1304 and 65E-5.1305, F.A.C.; the latter two rules are being repealed. Thus the provisions of these three rules are effectively being consolidated into a single rule. All of these Rules 65E-5.1303, 65E-5.1304, and 65E-5.1305, F.A.C., relate to the same topic (discharge planning). There are no substantive changes to these rules.
Rule 65E-5.1703, F.A.C., is being amended to clarify that the requirements for an emergency treatment order (ETO) for psychotropic medication are different from the requirements for seclusion and restraint. The ETO requirements for psychotropic medication are addressed in Rule 65E-5.1703, F.A.C. The seclusion and restraint requirements are contained in subsection (7) of Rule 65E-5.180, F.A.C., which is not being amended. This change clarifies and simplifies reporting requirements for service providers.
Published on: 11570080. Certain subsections of Rule 65E-5.100 defining terms are being repealed because they are redundant to statute. The repealed subsections (2), (4), (16), and (17) merely reference definitions found in Sections 394.455(1), 394.4573(1)(b), 394.455(28) and 394.455(29), F.S., respectively. Subsection (6), which defines emergency treatment orders (ETOs) is being revised to clarify that ETOs for seclusion and restraint are to be addressed in subsection 65E-5.180(7), F.A.C.; while ETOs for psychotherapeutic medications are to be addressed in Rule 65E-5.1703, F.A.C. The remaining definitions in Rule 65E-5.110, F.A.C., are being renumbered accordingly.
Rule 65E-5.110, F.A.C., is being repealed because it is not mandated by statute and there are no adverse consequences to repeal. The rule requires that delegation of a facility administrator’s authority be done in writing, except routine delegations which must be incorporated in facility policies and procedures. This is a management issue that should be left to the discretion of facilities.
Rule 65E-5.120, F.A.C., is being repealed because it is not mandated by statute and there are no adverse consequences to repeal. The rule merely provides information and does not create requirements. Subsection (3) of Rule 65E-5.1302, F.A.C., is being deleted because it merely restates a requirement found in Section 394.469, F.S.
Rule 65E-5.1303, F.A.C., is being expanded to include the provisions currently found in Rules 65E-5.1304 and 65E-5.1305, F.A.C.; the latter two rules are being repealed. Thus the provisions of these three rules are effectively being consolidated into a single rule, reducing the total number of rules in effect. All of these Rules 65E-5.1303, 65E-5.1304, and 65E-5.1305, F.A.C., relate to the same topic (discharge planning). There are no substantive changes to these rules.
Rule 65E-5.1703, F.A.C., is being amended to clarify that the requirements for an emergency treatment order (ETO) are different from the requirements for seclusion and restraint. The ETO requirements are addressed in Rule 65E-5.1703, F.A.C. The seclusion and restraint requirements are contained in subsection (7) of Rule 65E-5.180, F.A.C., which is not being amended. This change clarifies and simplifies reporting requirements for service providers.