Amendments will align mental health receiving and treatment facility rules with statutory changes in Chapter 2024-245, Laws of Florida. The amendments will revise Baker Act, transportation, discharge, communication, and ....

 

DEPARTMENT OF CHILDREN AND FAMILIES

Mental Health Program

RULE NOS.:RULE TITLES:

65E-5.120Forms

65E-5.190Right to Communication and Visits

PURPOSE AND EFFECT: Amendments will align mental health receiving and treatment facility rules with statutory changes in Chapter 2024-245, Laws of Florida. The amendments will revise Baker Act, transportation, discharge, communication, and treatment (voluntary and involuntary) forms and regulations to comply with updated statutory requirements; and revise language and requirements for emergency treatment orders in the administration of psychotropic medications.

SUMMARY: Amendments (1) update the Department’s website and (2) incorporate forms.

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.

A SERC has not been prepared.

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: 394.457(5), 394.459(5) 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: Elizabeth Floyd. Elizabeth can be reached at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65E-5.120 Forms.

All forms referred to in this chapter are available from the Department’s website, https://www.myflfamilies.com/crisis-services/baker-act/baker-act-forms http://www.myflfamilies.com/service-programs/mental-health/baker-act-forms. All forms incorporated in this rule chapter contain the information necessary to comply with the statutory and rule requirements. Forms may be modified for the following purposes: to accommodate electronic health record formats; for provider and individual identification; and, for electronic signatures and dates. All forms shall be maintained in the individual’s clinical record.

Rulemaking Authority 394.457(5) FS. Law Implemented 394.457(5) FS. History–New 11-29-98, Amended 4-4-05, 7-20-23. Amended ________________.

 

65E-5.190 Right to Communication and Visits.

(1) If the treatment team imposes any restrictions on whom a person in a receiving or treatment facility may communicate, such restrictions and justification shall be recorded in the person’s clinical record. Recommended form CF-MH 3049, (insert date) Feb. 05, “Restriction of Communication or Visitors,” 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. Facility staff shall make competent adults aware that they have the ability to waive the confidentiality of their presence in a receiving or treatment facility and allowing all or specified individuals the person selects access to private and open communication with the person. Recommended form CF-MH 3048, (insert date) Feb. 05, “Confidentiality Agreement,” 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.

(2) No change.

Rulemaking Authority 394.457(5) FS. Law Implemented 394.459(5) FS. History–New 11-29-98, Amended 4-4-05. Amended ________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Heather Allman and William Hardin

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shevaun L. Harris

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 9, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 6, 2024