64D-3.045. Execution of Certificate for Involuntary Hold for Tuberculosis

(1) Pursuant to the provisions of Section 392.565, F.S., when the treating physician determines that a request for an Order for Involuntary Hold is warranted, the treating physician shall immediately telephone the Medical Executive Director of A.G. Holley State Hospital at [phone], who is the State Health Officer’s designee as defined in this rule, to report the facts of the situation and to determine if the person meets the criteria for involuntary hold.

(2) The treating physician shall complete the form, “Certificate of Physician Pursuant to Section 392.565, F.S., Requesting an Order for Involuntary Hold and Petition for Emergency Hearing,” DH Form 1201, 01/98, incorporated by reference, available at the local county health department or by contacting the A.G. Holley State Hospital, 1199 Lantana Road, Lantana, Florida 33462-1514, [phone].  The certificate shall state that the person appears to meet the requirements specified in Section 392.565, F.S., as well as the following criteria:

(a) The person has active Tuberculosis or is reasonably suspected of having active Tuberculosis and poses a threat to the public health as evidenced by the following:

1.  The person is not taking medications as prescribed; or

2.  The person is not following the recommendations of the treating physician; or

3. The person is not seeking treatment for signs and symptoms compatible with Tuberculosis; or

4. The person evidences a disregard for the health of the public; and

(b) The person has been counseled, pursuant to the requirements of Section 392.56(2)(b), F.S.;

(c) All other less restrictive means of obtaining compliance have been exhausted; and

(d) No other less restrictive alternative is available.

(3) The treating physician shall send the completed “Certificate of Physician Pursuant to Section 392.565, F.S., Requesting an Order for Involuntary Hold and Petition for Emergency Hearing”, incorporated by reference in subsection 64D-3.045(2), F.A.C., by facsimile to the Medical Executive Director of A.G. Holley State Hospital.

(4) If the Medical Executive Director agrees that the person meets the criteria for involuntary hold, the designee of the State Health Officer shall sign an “Order for Involuntary Hold,” DH Form 1202, 01/98, incorporated by reference, available at A.G. Holley State Hospital, 1199 Lantana Road, Lantana, Florida 33462-1514, [phone].

(5) Facsimile copies of the certificates for involuntary hold shall satisfy the filing requirement for petitions under Section 392.55 or 392.56, F.S.

Rulemaking Authority 381.0011, 381.003(2), 392.565, 392.64(2), 392.66 FS. Law Implemented 381.0011, 381.003(1)(a), 392.55, 392.56, 392.565, 392.59, 392.62, 392.64(2) FS. History–New 11-20-06.