65E-20.003. Rights of Individuals

In addition to those rights enumerated in Section 916.107, F.S., every forensic client is entitled to the following:

(1) Right to Individual Dignity.

(a) Freedom from neglect or abuse;

(b) Safe living conditions and protection from harm;

(c) Appropriate seasonal attire; and

(d) The opportunity to be outdoors and to participate in physical exercise at regular intervals, in the absence of medical or security considerations.

(2) Right to Treatment.

(a) Within existing resources, the Department and contracted providers shall not deny or delay mental health services to any forensic client under any circumstances, except where allowed by law.

(b) Forensic clients committed pursuant to Chapter 916, F.S., shall be given within 24 hours of admission, and at least annually thereafter, a physical examination by a licensed physician or other health practitioner as authorized by law. In the event of refusal of the examination by the client, the procedures for emergency treatment shall apply.

(c) If a forensic client has been adjudicated incompetent under the provisions of Chapter 744, F.S., a copy of the client’s individualized treatment or rehabilitation plan shall be provided to the legal guardian within 30 calendar days of the client’s admission.

(d) Every reasonable effort shall be made to communicate treatment information to the client in a language the client understands. Reasonable effort means the use of auxillary aids or services, certified interpreters, and translators.

(3) Right to Express and Informed Consent.

(a) Informed Consent.

1. Upon admission to a forensic facility, a client, or the person authorized to provide consent for treatment on behalf of the client, shall be asked to sign an “Informed Consent for Psychotherapeutic Medication,” CF 1630, Jul 2014, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-12506. The signed authorization form establishes express and informed consent.

2. The facility shall not administer psychotherapeutic medication until the required authorization form is signed, except in those cases where emergency treatment is ordered by a physician as provided in Section 916.107(3), F.S.

(b) Specialized Consent Requirements and Procedures.

1. In each separate instance where surgical procedures require the use of a general anesthetic, special written consent shall be obtained, prior to performing the procedure, from the client or the person legally authorized to provide consent if the client is a minor or has been declared incompetent under the provisions of Chapter 744, F.S.

2. In each separate instance where electroconvulsive treatment is to be used, pursuant to Section 458.325, F.S., there must be specific written informed consent from the client, or the person legally authorized to provide consent if the client is a minor or has been declared incompetent under the provisions of Chapter 744, F.S, prior to performing the procedure by using the “Authorization for Electroconvulsive Treatment for a Resident of a State Mental Health Treatment Facility,” CF-MH 3057F, Jul 2008, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-12505.

3. The provision of psychosurgical or electroconvulsive treatment requires the written concurrence of a second, nonattending physician pursuant to Section 458.325, F.S.

4. Written consent for routine nonpsychiatric medical procedures or treatment shall be received from the client or the person legally authorized to provide consent on behalf of the client.

5. Any authorization for treatment given by an administrator of a forensic facility or his designated representative pursuant to Section 916.107(3)(b), F.S., shall be clearly documented in the client’s clinical record and the client’s guardian, if applicable, and next of kin shall be notified.

(4) The Right to Communication, Abuse Reporting, and Visits.

(a) Communication.

1. Every forensic client shall be allowed to receive correspondence and may send an unlimited number of letters.

a. Each facility shall provide stationery and writing implements for indigent forensic clients, and shall pay postage on up to three outgoing pieces of correspondence each week.

b. The term “correspondence” shall not include parcels or packages. Forensic facilities shall develop policies and procedures to provide for the inspection of parcels or packages, and for the removal of contraband items for health or security reasons prior to the contents being given to the client, and shall include a system in which items removed as contraband are inventoried, notification given to the client of what was removed and why, as well as a process to either store the contraband material at the facility, or arrange to have it picked up or mailed to a person designated by the client or, in cases of contraband, transferred to the appropriate law enforcement agency.

2. Upon admission, a forensic facility shall advise clients of the facility of rules governing written and verbal communications, including telephone calls and visitation between clients and others outside the facility.

3. A forensic client’s right to communicate shall not be restricted as a means of discipline, punishment, or to serve only the convenience of facility staff.

(b) Abuse Reporting.

1. All facilities providing mental health services, pursuant to Chapter 916, F.S., shall provide for the reporting of abuse in accordance with the provisions of Chapter 415, F.S., “Protection from Abuse, Neglect, and Exploitation.”

2.  Each forensic facility as defined in Chapter 916, F.S., shall provide:

a. A verbal and written explanation to each client of the procedures for reporting an alleged abuse,

b. Client access to a telephone for the purpose of reporting an alleged abuse, which should be immediate for all clients except those in seclusion or restraints, in which case access should be as soon as is practical, but in no event shall exceed 4 hours from the time the client requests access to the telephone to report an alleged abuse; and,

c. The posting, in plain view, of:

I. A copy of the abuse reporting procedure,

II. The telephone number of the abuse registry.

3. All forensic facilities shall maintain verification that all staff understand and are aware of the abuse reporting procedures as a condition of employment.

(5) The Right to Vote in Public Elections.

(a) Any forensic client not disqualified by law, and meeting the legal age and residency requirements of the state, shall be assisted in registering to vote and in voting if he so requests.

(b) A client who is properly registered to vote in a county other than the county of placement shall be assisted in making application for an absentee ballot in that county if he so requests. A client who is not registered to vote shall be assisted in registering in the county of his permanent residence, if he so requests.

(c) If a client requests assistance in voting, registering, or in getting information about voting requirements, staff at the facility shall assist him in obtaining the information.

(6) The Right to Confidentiality of a Forensic Client’s Clinical Record.

(a) The clinical record of every forensic client is confidential and shall be clearly indicated as such. Other than the exceptions noted in Section 916.107(8), F.S., and as implemented below, information may only be released when the client or his guardian, if a minor or adjudged incompetent under the provisions of Chapter 744, F.S., signs an “Authorization for Release of Information” CF-MH 3044, Dec 2020, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-12504. This authorization must contain the name of the person or agency to whom the information is to be released, the purpose of the release, and the time period within which the authorization is valid.

(b) Information received on a privileged and confidential basis from third parties, other than an Department treatment facility or Florida community provider, shall be restricted from release when the administrator determines that the information would adversely affect the client’s treatment or violate the rights of another person. Every record which is released shall indicate where third party privileged and confidential records were withheld.

(c) When a clinical record, or any part thereof, is released to any person or agency for any purpose, each page, or part thereof, shall be marked as follows: “Confidential and Privileged Information for Professional Use Only.”

(d) All forensic clients have the right of reasonable access to their own medical records on a continuing basis, except for privileged and confidential records from third party sources. The right of reasonable access shall be clarified through written policies maintained by each facility. A client’s attorney shall have access to records upon written authorization from the client.

(e) If a request is made by a parent or legal guardian for the client’s recovery treatment plan, or current physical and mental condition, the request shall be made in writing and signed.

(f) Whenever a forensic client has declared an intention to harm others, any notification to law enforcement, pursuant to Section 394.4615, F.S., shall be done by the facility administrator or the facility adminstrator’s designee, and shall be documented in the client’s clinical record.

(7) The Right to Be Informed.

(a) All forensic clients have the right to timely and meaningful information about their rights. Each client shall be informed of his rights as a forensic client in a forensic facility at the time of admission.

(b) Each forensic facility shall post in a conspicuous place or places a list of all forensic client rightsand, upon request, make available the list translated into another language.

(c) Each forensic facility shall maintain on the premises of the treatment site, an up-to-date copy of Chapter 916, F.S., and an up-to-date copy of these rules, and shall have these documents available for inspection upon the request of a client, the client’s representative, the client’s guardian, friends or relatives of the client.

Rulemaking Authority 916.1093 FS. Law Implemented 916.107 FS. History–New 9-29-86, Amended 7-1-96, Formerly 10E-20.003, Amended 1-28-10, 1-5-21.