The Department intends to amend rule 65E-5.280, F.A.C., to comport with statutory changes to Section 394.463, F.S.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Mental Health Program

RULE NO.:RULE TITLE:

65E-5.280Involuntary Examination

PURPOSE AND EFFECT: The Department intends to amend rule 65E-5.280, F.A.C., to comport with statutory changes to Section 394.463, F.S.

SUMMARY: The amendments will increase the number of days that a designated Baker Act receiving facility has to submit forms to the Department and address overall data gathering requirements for providers who conduct involuntary examination. In addition, incorporated forms will be updated.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 394.457(5) FS.

LAW IMPLEMENTED: 394.463 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jodi Abramowitz. Jodi can be reached at [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65E-5.280 Involuntary Examination.

(1) Court Order. Sworn testimony shall be documented by using recommended form CF-MH 3002, July 2020 Feb. 05, “Petition and Affidavit Seeking Ex Parte Order Requiring Involuntary Examination,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX may be obtained pursuant to Rule 65E-5.120, F.A.C., of this rule chapter, or other form used by the court. Documentation of the findings of the court on recommended form CF-MH 3001, July 2020 “Ex Parte Order for Involuntary Examination,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX as referenced in subsection 65E-5.260(1), F.A.C., or other order used by the court, shall be used when there is reason to believe the criteria for involuntary examination are met. The ex parte order for involuntary examination shall accompany the individual person to the receiving facility and be retained in the person’s clinical record. The receiving facility shall send a copy of CF-MH 3001, “Ex Parte Order for Involuntary Examination,” within five (5) business days to the Baker Act Reporting Center using their Secure File Transfer Protocol to: https://www.usf.edu/cbcs/baker-act/for-providers/electronicsubmission.aspx.

(2) Law Enforcement.

(a) If a law enforcement officer, in the course of his or her official duties, initiates an involuntary examination, the officer shall complete the mandatory form CF-MH 3052a, “Report of Law Enforcement Officer Initiating Involuntary Examination,” July 2020, which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX as referenced in subsection 65E-5.260(1), F.A.C.

(b) Mandatory form CF-MH 3052a, “Report of Law Enforcement Officer Initiating Involuntary Examination,” as referenced in subsection 65E-5.260(1), F.A.C., shall accompany the individual person to the nearest receiving facility for retention in the person’s clinical record.

(3) Professional Certificate.

(a) A professional authorized by Section 394.463(2)(a)3., F.S., who determines, after personally examining an individual a person believed to meet the involuntary examination criteria within the preceding 48 hours, verifies that the criteria are met, is authorized to execute the mandatory form CF-MH 3052b, “Certificate of Professional Initiating Involuntary Examination,” July 2020, which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX as referenced in subsection 65E-5.260(1), F.A.C.

(b) Mandatory form CF-MH 3052b, “Certificate of Professional Initiating Involuntary Examination,” as referenced in subsection 65E-5.260(1), F.A.C., shall be executed immediately upon its initiation  after it is completed and is valid throughout the state. The completed certificate shall accompany the individual person to a receiving facility and be retained in the person’s clinical record.

(4) Emergency Medical Conditions.

(a) Recommended form CF-MH 3101, July 2020 Feb. 05, “Hospital Determination that Individual Person Does Not Meet Involuntary Placement Criteria,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX may be obtained pursuant to Rule 65E-5.120, F.A.C., of this rule chapter may be used to document the results of the examination prescribed in Section 394.463(2)(h) 394.463(2)(g), F.S.

(b) Receiving facilities shall develop policies and procedures that expedite the transfer of individuals persons referred from non-designated hospitals after examination or treatment of an emergency medical condition, within the 12 hours required permitted by Section 394.463(2)(i) 394.463(2)(h), F.S.

(c) The 72-hour involuntary examination period set out in Section 394.463(2)(g) 394.463(2)(f), F.S., shall not be exceeded. In order to document the 72-hour period has not been exceeded, recommended form CF-MH 3102, July 2020 Feb. 05, “Request for Involuntary Examination After Stabilization of Emergency Medical Condition,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX may be obtained pursuant to Rule 65E-5.120, F.A.C., of this rule chapter may be used for this purpose. The form may be sent by fax, or otherwise, to promptly communicate its contents to a designated receiving facility at which appropriate medical treatment is available.

(5) The Department requires specific data to identify trends and patterns experienced by individuals served under Part I of Chapter 394, F.S., to be included in required reports, to support justifications for program funding and 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, Ddesignated receiving facilities shall send within five (5) business days mandatory form CF-MH 3118, “Cover Sheet to Department of Children and Families,” which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, to the Baker Act Reporting Center using their Secure File Transfer Protocol to: https://www.usf.edu/cbcs/baker-act/for-providers/electronicsubmission.aspx. Instructions on how to submit the forms may be found at https://www.usf.edu/cbcs/baker-act/for-providers/electronicsubmission.aspx or by calling 813-974-1010.  Form CF-MH 3118 must be accompanied by one of the following:  forward copies of each recommended form

(a) 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,

(b) Mmandatory form CF-MH 3052a, “Report of Law Enforcement Officer Initiating Involuntary Examination,” or as referenced in subsection 65E-5.260(1), F.A.C.,

(c) Mmandatory 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, June 2016, “Cover Sheet to Department of Children and Families,” http://www.flrules.org/Gateway/reference.asp?No=Ref-07006, 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, 13301 Bruce B. Downs Boulevard, Tampa, Florida 33612-3807.

(6) If a person is delivered to a receiving facility for an involuntary examination from any program or residential services provider placement licensed under the provisions of Chapter 400, F.S., without an ex parte order, the mandatory form CF-MH 3052a, “Report of Law Enforcement Officer Initiating Involuntary Examination,” as referenced in subsection 65E-5.260(1), F.A.C., or mandatory form CF-MH 3052b, “Certificate of Professional Initiating Involuntary Examination,” as referenced in subsection 65E-5.260(1), F.A.C., the receiving facility shall notify the Department Agency for Health Care Administration by the method and timeframe required by Section 394.463(2)(b), F.S. The receiving facility may use recommended form CF-MH 3119, July 2020 Feb. 05, “Notification of a Facility’s Non-Compliance with Required Certificate,” which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX as referenced in subsection 65E-5.270(7), F.A.C., for this purpose.

(7) Documentation that each completed form was submitted within the required five (5) business days in a timely way shall be retained in the person’s clinical record.

(8) Recommended form CF-MH 3045, July 2020 Feb. 05, “Notice of Individual’s Person’s Admission for Involuntary Examination,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, may be obtained pursuant to Rule 65E-5.120, F.A.C., of this rule chapter may be used when notifying authorized individuals of an individual’s a person’s involuntary admission to a receiving facility.

Rulemaking Authority 394.457(5) FS. Law Implemented 394.463 FS. History–New 11-29-98, Amended 4-4-05, 1-8-07, 7-5-16. Amended____

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ute Gazioch

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 6, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2019