This purpose of this rulemaking activity is to update two rules in this Chapter to reflect current standards.

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Mental Health Program

RULE NO.: RULE TITLE:
65E-20.010: Transportation
65E-20.011: Receipt of Commitment Orders and Required Documentation

PURPOSE AND EFFECT: This purpose of this rulemaking activity is to update two rules in this Chapter to reflect current standards.

SUMMARY: Rule 65E-20.010, F.A.C., will be amended to update standards on the transportation of residents in state mental health treatment facilities. This driver’s license required by employees providing transportation will be aligned to current Florida licensure classifications. This rule will also be amended to permit transportation of forensic clients residing in civil mental health treatment facilities in the same vehicle as non-forensic residents, thereby reducing costs on the facility without loss of safety for the residents. Rule 65E-20.011, F.A.C., will be amended to update contact information for the Forensic Admission Coordinator in the Program Office and the Mentally Retarded Defendants program at Florida State Hospital.

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.

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: 916.1093(2), F.S.
LAW IMPLEMENTED: 916.107(10) F.S.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony D. McCoy, Ph.D., ABPS, Psychological Services Director, 1317 Winewood Boulevard, Building 6, Room 219, Tallahassee, Florida 32399-0700

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65E-20.010 Transportation.

(1) No change.

(2) All transportation provided shall be consistent with the needs of clients and the condition of clients being transported, as specified by the sending facility. Any company contracting with the governing board of a county to transport forensic clients shall comply with requirements to ensure the safety and dignity of the client. Such requirements shall be specified in the contract and shall include, but not be limited to the following:

(a) All transport vehicles will be equipped with a type 1A10BC fire extinguisher, seat belts, and two-way communication radio.

(b) Staff having the responsibility for transporting clients shall be trained, experienced, and otherwise qualified to transport mentally ill persons. This training shall include, but not be limited to, the training approved by the department for law enforcement officers involved with the care and handling of clients under Chapter 394, F.S.

(c) A minimum of two staff members shall be used in the transporting of clients.

(d) Staff members transporting forensic clients shall not wear firearms in the vehicle.

(e) The length of time for transporting clients shall not exceed 12 hours per day.

(f) Rest stops shall be made at regular intervals during the transporting of clients.

(g) Clients shall be dressed in appropriate seasonal attire.

(h) Nutritious meals shall be provided at appropriate times during the transporting of clients.

(i) Physical restraints, such as canvas cuffs, shall be used only when necessary to protect the clients from injury to themselves or others.

(j) All staff members who accompany clients shall have knowledge of techniques in handling volatile clients.

(k) Any driver of a vehicle used in transporting mental health clients shall have a valid Florida Class E (non-commercial) chaffeur’s license when operating a vehicle designed to transport 15 or fewer individuals including the driver. The Class C commercial license will be needed when operating a vehicle with a Gross Vehicle Weight Rating of less than 26,001 pounds designed to transport more than 15 persons including the driver. When passengers are transported in a vehicle with a Gross Vehicle Weight Rating of 26,001 pounds or more a Class B commercial license with a Passenger endorsement will be needed. All drivers will be responsible for ensuring they have the appropriate licenses and endorsements.

(l) Any vehicle used in transporting clients shall be maintained and operated in accordance with Chapter 916, F.S., and in a manner that protects the clients’ rights, dignity, and physical safety.

(m) The number of persons in any vehicle used in transporting clients shall not exceed the manufacturer’s recommended seating capacity.

(n) Any unusual incidents occurring during the client transport process shall be reported immediately upon arrival at the treatment facility to the sheriff’s department, an originating receiving or treatment facility, if applicable, and the governing board of the county.

(o) The transport company shall ensure the confidentiality of the transport record.

(p) Civil patients committed under Part I of Chapter 394, F.S., and forensic clients committed under Chapter 916, F.S., who are assigned to reside in secure facilities, shall be transported separately. Forensic clients who reside in civil facilities may be transported with civil patients.

 

Rulemaking Specific Authority 916.1093(2) FS. Law Implemented 916.107(10) FS. History–New 9-29-86, Amended 7-1-96, Formerly 10E-20.010, Amended 9-29-98,________.

 

65E-20.011 Receipt of Commitment Orders and Required Documentation.

(1) Commitment orders pertaining to any person committed to the Department of Children and Family Services pursuant to the provisions of Chapter 916, F.S., shall be sent to the Department of Children and Family Services for review and determination of an appropriate facility placement for the client. The order shall be accompanied by documentation specified in Florida Rules of Criminal Procedure 3.212 and 3.217. The complete commitment package shall be mailed to one of the following addresses:

For mentally ill forensic clients:

Forensic Admission Coordinator,

Mental Health Program Office

1317 Winewood Boulevard

Tallahassee, FL 32399-0700

[phone] [phone], SC 277-2920

For mentally retarded forensic clients:

Mentally Retarded Defendant Program

P. O. Box 1000

Chattahoochee, FL 32324

[phone] [phone]

Upon receipt of each commitment package the department shall review the package for completeness.

(a) If complete, the date of receipt shall be recorded. The statutory 15 day period set forth in Section 916.107(1)(a), F.S. (1985), will commence on this day.

(b) If the package is incomplete the appropriate authority will be notified of the missing items, and advised that the official date of receipt of the commitment package will be delayed until all missing items are received.

(2) through (4) No change.

 

Rulemaking Specific Authority 916.1093(2) FS. Law Implemented 916.13, 916.15 FS. History–New 9-29-86, Amended 7-1-96, Formerly 10E-20.011, Amended________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sally Cunningham, Director, Mental Health Treatment Facilities, 1317 Winewood Boulevard, Building 6, Room 224, Tallahassee, Florida 32399-0700

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: David Wilkins, Secretary, Department of Children and Families, 1317 Winewood Boulevard, Building 1, Room 202, Tallahassee, Florida 32399-0700

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 2, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 22, 2012