DEPARTMENT OF CHILDREN AND FAMILIES
RULE NO.:RULE TITLE:
65E-5.280Involuntary Examination
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 49 No. 66, April 5, 2023 issue of the Florida Administrative Register.
65E-5.280 Involuntary Examination.
(1) through (3) No change.
(4) Emergency Medical Conditions.
(a) No change.
(b) Receiving facilities shall develop policies and procedures that expedite the transfer of individuals referred from non-designated hospitals after examination or treatment of an emergency medical condition, within the 12 hours required by Section 394.463(2)(i), F.S. These policies and procedures shall address the following:
1. Identify any medical conditions that exceed the facility’s capacity to admit;
2. Express how the facility will accept transfers for mental health evaluation regardless of bed availability to determine if criteria are met;
3. Describe how the facility will conduct mental health evaluations through telehealth while the individual remains at the non-designated hospital; and
4. Address how the facility will expedite accepted transfers of the individual, in accordance with the County Transportation Plan.
(c) For facilities operating as a county’s central receiving facility, in accordance with section 394.4573(2)(b)2.a., F.S., and in addition to the requirements in (4)(b):
1. The facility will accept requests for transfer that are within their medical capacity as outlined in their established policy and procedures for following medical clearance for the purpose of conducting an examination;
2. The policies and procedures shall also address how the facility will determine an appropriate disposition as follows:
a. Coordinate and facilitate a transfer to another more appropriate facility or service;
b. Admission to a receiving facility; or
c. Release to the community with follow-up appointments to appropriate community based services and supports.
(d) is redesignated (c) No change.
(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 to implement the provisions of Section 394.463(2)(e), F.S. Web-based Baker Act Data Collection Form CF-MH 3118, (insert date), titled “Baker Act Data Collection Form,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, shall be completed in its entirety by the assessor conducting the initial screening and only submitted one time from the admitting facility for the episode of care. Effective July 1, 2023, designated receiving facilities shall submit the required data within five (5) business days through the Department’s statewide Baker Act data collection portal, which can be accessed at https://dcfapps.myflfamilies.com/BakerAct. Instructions on training requirements and how to submit the Baker Act data, petitions, and forms may be found at https://www.myflfamilies.com/service-programs/samh/crisis-services/training/badc.shtml. The Baker Act Data Collection Form must be accompanied by the following:
(a) through (c) No change.
(d) Form CF-MH 3100, “Transportation to Receiving Facility,” if the individual is transported by a law enforcement officer, medical transport, mental health overlay program, or mobile response team, or private transport company.
(6) through (7) No change.
(8) Documentation, written or electronic, as maintained by the provider in their electronic health records, that each completed form was submitted within the required five (5) business days shall be retained in the person’s clinical record.
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, 5-4-20. Amended ____________.
