65E-5.2801. Minimum Standards for Involuntary Examination Pursuant to Section 394.463, F.S

The involuntary examination is also known as the initial mandatory involuntary examination.

(1) Whenever an involuntary examination is initiated by a circuit court, a law enforcement officer, or a mental health professional as provided in section 394.463(2), F.S., an examination by a physician or clinical psychologist or psychiatric nurse must be conducted in person or via telehelth and documented in the person’s clinical record. The examination, conducted at a facility licensed under chapter 394 or 395, F.S., must contain:

(a) A thorough review of any observations of the person’s recent behavior;

(b) A review of Form CF-MH 3100, “Transportation to Receiving Facility,” which is incorporated in Rule 65E-5.260, and one of the following forms which are incorporated in 65E-5.280, F.A.C.: Form CF-MH 3001, “Ex Parte Order for Involuntary Examination,”, or other form provided by the court, or Form CF-MH 3052a, “Report of Law Enforcement Officer Initiating Involuntary Examination,”, or Form CF-MH 3052b, “Certificate of Professional Initiating Involuntary Examination.”

(c) A brief psychiatric history; and,

(d) A face-to-face examination of the person in a timely manner to determine if the person meets criteria for release.

(2) If the physician or clinical psychologist or psychiatric nurse conducting the initial mandatory involuntary examination determines that the person does not meet the criteria for involuntary inpatient placement or involuntary outpatient placement, the person can be offered voluntary placement, if the person meets criteria for voluntary admission, or released directly from the hospital providing emergency medical services. Such determination must be documented in the person’s clinical record.

(3) If not released, Form CF-MH 3040, “Application for Voluntary Admission - Adults,” which is incorporated in Rule 65E-5.270, F.A.C., or Form CF-MH 3097, “Application for Voluntary Admission – Minors,” which is incorporated in Rule 65E-5.270, F.A.C., may be used if the person wishes to apply for voluntary admission.

(4) If not released and the person wishes to transfer from involuntary to voluntary status, Form CF-MH 3104, “Certification of Individual’s Competence to Provide Express and Informed Consent,” which is incorporated in rule 65E-5, F.A.C., documenting the person is competent to provide express and informed consent, may be used for this purpose.

(5) All results and documentation of all elements of the initial mandatory involuntary examination shall be retained in the person’s clinical record.

(6) If the person is not released or does not become voluntary as a result of giving express and informed consent to admission and treatment in the first part of the involuntary examination, the person shall be examined by a psychiatrist to determine if the criteria for involuntary inpatient or involuntary outpatient placement are met.

(7) After the initial mandatory involuntary examination, the person’s clinical record shall include:

(a) An intake interview;

(b) Form CF-MH 3100, “Transportation to Receiving Facility,” which is incorporated in Rule 65E-5.260, F.A.C., and one of the following forms which are incorporated in 65E-5.280, F.A.C.: Form CF-MH 3001, “Ex Parte Order for Involuntary Examination,”, or other form provided by the court, or Form CF-MH 3052a, “Report of Law Enforcement Officer Initiating Involuntary Examination,”, or Form CF-MH 3052b, “Certificate of Professional Initiating Involuntary Examination,” and

(c) The psychiatric evaluation, including the mental status examination or the psychological status report.

(8) Disposition Upon Initial Mandatory Involuntary Examination.

(a) The release of a person from a receiving facility requires the documented approval of a psychiatrist, clinical psychologist, or psychiatric nurse in accordance with s. 394.463(2)(f), F.S. If the receiving facility is a hospital, the release may also be approved by an attending emergency department physician after the completion of an initial mandatory involuntary examination. Form CF-MH 3111, (July 2023), “Approval for Release of Person on Involuntary Status from a Receiving Facility,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15792, may be used for this purpose. A copy of the form used shall be retained in the person’s clinical record.

(b) In order to document a person’s transfer from involuntary to voluntary status, Form CF-MH 3040, “Application for Voluntary Admission - Adults,” which is incorporated in Rule 65E-5.270, F.A.C., or Form CF-MH 3097, “Application for Voluntary Admission – Minors,” which is incorporated by reference in Rule 65E-5.270, F.A.C., completed prior to transfer, may be used.

(c) A person for whom an involuntary examination has been initiated shall not be permitted to consent to voluntary admission until after examination by a physician or psychiatric nurse to confirm his or her ability to provide express and informed consent to treatment. Form CF-MH 3104, “Certification of Individual’s Competence to Provide Express and Informed Consent,” which is incorporated in Rule 65E-5.270, F.A.C., may be used for documentation.

(d) If the facility administrator, based on facts and expert opinions, believes the person meets the criteria for involuntary inpatient or involuntary outpatient placement or is incompetent to consent to treatment, the facility shall initiate involuntary placement within 72 hours of the person’s arrival by filing a petition for involuntary placement. Form CF-MH 3032, “Petition for Involuntary Inpatient Placement,” which is incorporated in Rule 65E-5.270, F.A.C., or CF-MH 3130, “Petition for Involuntary Outpatient Placement” which is incorporated by reference in Rule 65E-5.270, F.A.C., may be used for this purpose. Such petition shall be signed by the facility administrator or designee within the 72-hour examination period. The petition shall be filed with the court within the 72-hour examination period or, if the 72 hours ends on a weekend or legal holiday, no later than the next court working day thereafter. A copy of the completed petition shall be retained in the person’s clinical record and a copy given to the person and his or her duly authorized legal decision-maker or representatives.

(e) When a person on involuntary status is released, notice shall be given to the person’s guardian or representative, to any individual who executed a certificate for involuntary examination, and to any court which ordered the person’s examination with a copy retained in the person’s clinical record. Form CF-MH 3038, (July 2023), “Notice of Release or Discharge,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15793, may be used for this purpose.

Rulemaking Authority 394.457(5), 394.46715 FS. Law Implemented 394, 394.463, 394.4655, 395 FS. History–New 11-29-98, Amended 4-4-05, 8-23-23.