Rule 65E-5.260, F.A.C., is being amended to incorporate by reference revised versions of mandatory forms CF-MH 3052a and CF-MH 3052b. The revised forms include the full text of the definition of mental illness, providing clarity for law enforcement ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Mental Health Program

RULE NOS.:RULE TITLES:

65E-5.260Transportation

65E-5.280Involuntary Examination

PURPOSE AND EFFECT: Rule 65E-5.260, F.A.C., is being amended to incorporate by reference revised versions of mandatory forms CF-MH 3052a and CF-MH 3052b. The revised forms include the full text of the definition of mental illness, providing clarity for law enforcement officers and health care professionals who use the forms. The revised forms also include new questions about the context in which involuntary examinations are initiated, allowing the Agency for Health Care Administration to obtain data to improve the delivery of mental health crisis services. Rule 65E-5.280, F.A.C. is being amended to incorporate by reference a revised version of mandatory forms CF-MH 3118. The revision will include new questions about the context in which involuntary examinations are initiated, allowing the Agency for Health Care Administration to obtain data to improve the delivery of mental health crisis services.

SUBJECT AREA TO BE ADDRESSED: Mental Health Act Regulation.

RULEMAKING AUTHORITY:

LAW IMPLEMENTED: 394.462, 394.462(1), 394.463, 394.463(2)(e), (h), 400 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Krystle Cacci, Policy Analyst

[phone], email: [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

65E-5.260 Transportation.

(1) Each law enforcement officer who takes a person into custody upon the entry of recommended form CF-MH 3001, Feb. 05, “Ex Parte Order for Involuntary Examination,” which is incorporated by reference and may be obtained pursuant to Rule 65E-5.120, F.A.C., of this rule chapter, or other form provided by the court, or the execution of mandatory form CF-MH 3052b, _______Sept. 06, “Certificate of Professional Initiating Involuntary Examination,” which is hereby incorporated by reference and may be obtained pursuant to Rule 65E-5.120, F.A.C., of this rule chapter, or completion of mandatory form CF-MH 3052a, ______Sept. 06, “Report of a Law Enforcement Officer Initiating Involuntary Examination,” which is incorporated by reference and may be obtained pursuant to Rule 65E-5.120, F.A.C., of this rule chapter, shall ensure that such forms accompany the person to the receiving facility for inclusion in the person’s clinical record.

(2) No change.

Rulemaking Authority 394.457(5) FS. Law Implemented 394.462, 394.462(1) FS. History–New 11-29-98, Amended 4-4-05, 1-8-07, ______.

 

65E-5.280 Involuntary Examination.

(1) through (4) No change.

(5) In order for the department to implement the provisions of Section 394.463(2)(e), F.S., and to ensure that the Agency for Health Care Administration will be able to analyze the data it receives pursuant to that section, designated receiving facilities shall forward copies of each recommended form CF-MH 3001, “Ex Parte Order for Involuntary Examination,” as referenced in subsection 65E-5.260(1), F.A.C., or other order provided by the court, mandatory form CF-MH 3052a, “Report of Law Enforcement Officer Initiating Involuntary Examination,” as referenced in subsection 65E-5.260(1), F.A.C., mandatory form CF-MH 3052b, “Certificate of Professional Initiating Involuntary Examination,” as referenced in subsection 65E-5.260(1), F.A.C., accompanied by mandatory form CF-MH 3118, ______Sept. 06, “Cover Sheet to Agency for Health Care Administration,” which is hereby incorporated by reference and may be obtained pursuant to Rule 65E-5.120, F.A.C., of this rule chapter to: BA Reporting Center, FMHI-MHC 2637 2737, 13301 Bruce B. Downs Boulevard, Tampa, Florida 33612-3807.

(6) through (8) No change.

Rulemaking Authority 394.457(5) FS. Law Implemented 394.463, 394.463(2)(e), (h), 400 FS. History–New 11-29-98, Amended 4-4-05, 1-8-07, Amended ______.